Disrupt Fentanyl Trafficking Act of 2023
This bill requires the Department of Defense (DOD) to develop and submit a strategy to use existing authorities to target, disrupt, or degrade threats to national security that are caused or exacerbated by fentanyl trafficking. The strategy must be submitted in an unclassified form, but it may include a classified index.
Additionally, DOD must seek to enhance cooperation with defense officials of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3359
To require the Secretary of Defense to develop a strategy to counter
fentanyl trafficking in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2023
Mrs. Bice (for herself, Mrs. Kiggans of Virginia, and Mr. Carbajal)
introduced the following bill; which was referred to the Committee on
Armed Services, and in addition to the Committees on the Judiciary, and
Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of Defense to develop a strategy to counter
fentanyl trafficking in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This section may be cited as the ``Disrupt Fentanyl Trafficking Act
of 2023''.
SEC. 2. DISRUPT FENTANYL TRAFFICKING ACT OF 2023.
(a) Sense of Congress.--It is the sense of Congress that--
(1) fentanyl trafficking across the borders of the United
States, and the consequences of that trafficking, constitute an
unprecedented, nontraditional, and long-term threat to the
national security of the United States;
(2) transnational criminal organizations have established
effective control over significant areas within Mexico, which
has enabled the development of fentanyl production and
trafficking infrastructure;
(3) combating fentanyl trafficking demands--
(A) improved interagency command, control,
communications, and intelligence sharing to enhance the
effectiveness of the interdiction of fentanyl at the
borders of the United States; and
(B) whole-of-government solutions comprised of an
integrated and synchronized interagency organizational
construct committed to dismantling the process of
trafficking fentanyl from chemical precursor to
production to delivery in the United States and
enabling partner nations to do the same;
(4) it is within the national security interest of the
United States for Federal, State, and local law enforcement
agencies, the Department of Defense, the Department of State,
other counter-drug agencies, and stakeholders to effectively
communicate and that the failure of effective communication
affects the prevention, interdiction, and prosecution of
fentanyl trafficking and distribution into and within the
United States; and
(5) the United States must partner with Mexico and Canada
to combat fentanyl trafficking through institution building,
the dismantling of cartels, and seizures of fentanyl in Mexico,
Canada, and intrastate transit zones.
(b) Development of Strategy To Counter Fentanyl Trafficking and
Report.--
(1) Strategy.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with other Federal agencies as
the Secretary considers appropriate, shall develop and
submit to the appropriate congressional committees a
strategy to use existing authorities, including the
authorities under section 124 of title 10, United
States Code, as appropriate, to target, disrupt, or
degrade threats to the national security of the United
States caused or exacerbated by fentanyl trafficking.
(B) Contents.--The strategy required by
subparagraph (A) shall outline how the Secretary of
Defense will--
(i) leverage existing authorities regarding
counterdrug and counter-transnational organized
crime activities with a counter-fentanyl nexus
to detect and monitor activities related to
fentanyl trafficking;
(ii) support operations to counter fentanyl
trafficking carried out by other Federal
agencies, State, Tribal, and local law
enforcement agencies, or foreign security
forces;
(iii) coordinate efforts of the Department
of Defense for the detection and monitoring of
aerial, maritime, and surface traffic suspected
of carrying fentanyl bound for the United
States, including efforts to unify the use of
technology, surveillance, and related resources
across air, land, and maritime domains to
counter fentanyl trafficking, including with
respect to data collection, data processing,
and integrating sensors across such domains;
(iv) provide military-unique capabilities
to support activities by the United States
Government and foreign security forces to
detect and monitor the trafficking of fentanyl
and precursor chemicals used in fentanyl
production, consistent with section 284(b)(10)
of title 10, United States Code;
(v) leverage existing counterdrug and
counter-transnational organized crime programs
of the Department to counter fentanyl
trafficking;
(vi) assess existing training programs of
the Department and provide training for
Federal, State, Tribal, and local law
enforcement agencies conducted by special
operations forces to counter fentanyl
trafficking, consistent with section 284(b) of
title 10, United States Code;
(vii) engage with foreign security forces
to ensure the counterdrug and counter-
transnational organized crime programs of the
Department--
(I) support efforts to counter
fentanyl trafficking; and
(II) build capacity to interdict
fentanyl in foreign countries,
including programs to train security
forces in partner countries to counter
fentanyl trafficking, including
countering illicit flows of fentanyl
precursors, consistent with sections
284(c) and 333 of title 10, United
States Code;
(viii) use the North American Defense
Ministerial and the bilateral defense working
groups and bilateral military cooperation round
tables with Canada and Mexico to increase
domain awareness to detect and monitor fentanyl
trafficking; and
(ix) evaluate existing policies,
procedures, processes, and resources that
affect the ability of the Department to counter
fentanyl trafficking consistent with existing
counterdrug and counter-transnational organized
crime authorities.
(C) Form.--The strategy required by subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(D) Briefing.--Not later than 45 days after the
submission of the strategy required by subparagraph
(A), the Secretary shall provide to the appropriate
congressional committees a briefing on the strategy and
plans for its implementation.
(2) Report on law enforcement reimbursement.--The Secretary
of Defense shall submit to the appropriate congressional
committees a report on--
(A) any goods or services provided under section
1535 of title 31, United States Code (commonly known as
the ``Economy Act''), during the period beginning on
January 1, 2010, and ending on the date on which the
report is submitted, by the Department of Defense to
Federal civilian law enforcement agencies for
counterdrug and counter-transnational organized crime
operations on the southern border of the United States;
and
(B) any payments made for such goods or services
under such section during such period.
(c) Cooperation With Mexico.--
(1) In general.--The Secretary of Defense shall seek to
enhance cooperation with defense officials of the Government of
Mexico to target, disrupt, and degrade transnational criminal
organizations within Mexico that traffic fentanyl.
(2) Report on enhanced security cooperation.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on efforts to enhance cooperation
with defense officials of the Government of Mexico
specified in paragraph (1).
(B) Contents.--The report required by subparagraph
(A) shall include--
(i) an assessment of the impact of the
efforts to enhance cooperation described in
paragraph (1) on targeting, disrupting, and
degrading fentanyl trafficking;
(ii) a description of limitations on such
efforts, including limitations imposed by the
Government of Mexico;
(iii) recommendations by the Secretary on
actions to further improve cooperation with
defense officials of the Government of Mexico;
(iv) recommendations by the Secretary on
actions of the Department of Defense to further
improve the capabilities of the Government of
Mexico to target, disrupt, and degrade fentanyl
trafficking; and
(v) any other matter the Secretary
considers relevant.
(C) Form.--The report required by subparagraph (A)
may be submitted in unclassified form but shall include
a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Fentanyl.--The term ``fentanyl'' means fentanyl and any
fentanyl-related substance.
(3) Fentanyl-related substance.--The term ``fentanyl-
related substance''--
(A) means any substance that is structurally
related to fentanyl by 1 or more modifications of--
(i) replacement of the phenyl portion of
the phenethyl group by any monocycle, whether
or not further substituted in or on the
monocycle;
(ii) substitution in or on the phenethyl
group with alkyl, alkenyl, alkoxyl, hydroxyl,
halo, haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine
ring with alkyl, alkenyl, alkoxyl, ester,
ether, hydroxyl, halo, haloalkyl, amino, or
nitro groups;
(iv) replacement of the aniline ring with
any aromatic monocycle whether or not further
substituted in or on the aromatic monocycle;
and
(v) replacement of the N-propionyl group
with another acyl group; and
(B) does not include a substance described in
subparagraph (A) that is--
(i) controlled by action of the Attorney
General pursuant to section 201 of the
Controlled Substances Act (21 U.S.C. 811);
(ii) expressly listed in Schedule I of
section 202(c) of that Act (21 U.S.C. 812) or
another schedule by a statutory provision; or
(iii) removed from Schedule I, or
rescheduled to another schedule, pursuant to
section 201(k) of that Act (21 U.S.C. 811(k)).
(4) Illegal means.--The term ``illegal means'' includes the
trafficking of money, human trafficking, illicit financial
flows, illegal trade in natural resources and wildlife, trade
in illegal drugs and weapons, and other forms of illegal means
determined by the Secretary of Defense.
(5) Security cooperation program.--The term ``security
cooperation program'' has the meaning given that term in
section 301 of title 10, United States Code.
(6) Transnational criminal organization.--
(A) In general.--The term ``transnational criminal
organization'' means a group, network, and associated
individuals who operate transnationally for the purpose
of obtaining power, influence, or monetary or
commercial gain, wholly or in part by illegal means,
while advancing their activities through a pattern of
crime, corruption, or violence and protecting their
illegal activities through a transnational
organizational structure and the exploitation of public
corruption or transnational logistics, financial, or
communication mechanisms.
(B) Additional organizations.--The term
``transnational criminal organization'' includes any
transnational criminal organization identified in the
most recent Drug Threat Assessment of the Drug
Enforcement Agency.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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