[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1619
To require the Secretary of Defense to develop a strategy to counter
fentanyl trafficking in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Ms. Ernst (for herself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
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 Act may be cited as the ``Disrupt Fentanyl Trafficking Act of
2023''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(a) 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;
(b) transnational criminal organizations have established effective
control over significant areas within Mexico, which has enabled the
development of fentanyl production and trafficking infrastructure;
(c) combating fentanyl trafficking demands--
(1) 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
(2) 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;
(d) 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
(e) 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.
SEC. 3. DEVELOPMENT OF STRATEGY TO COUNTER FENTANYL TRAFFICKING AND
REPORT.
(a) Strategy.--
(1) 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.
(2) Contents.--The strategy required by paragraph (1) shall
outline how the Secretary of Defense will--
(A) 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;
(B) support operations to counter fentanyl
trafficking carried out by other Federal agencies,
State, Tribal, and local law enforcement agencies, or
foreign security forces;
(C) 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;
(D) 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;
(E) leverage existing counterdrug and counter-
transnational organized crime programs of the
Department to counter fentanyl trafficking;
(F) 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;
(G) 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;
(H) 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
(I) 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.
(3) Form.--The strategy required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Briefing.--Not later than 45 days after the submission
of the strategy required by paragraph (1), the Secretary shall
provide to the appropriate congressional committees a briefing
on the strategy and plans for its implementation.
(b) Report on Law Enforcement Reimbursement.--The Secretary of
Defense shall submit to the appropriate congressional committees a
report on--
(1) 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
(2) any payments made for such goods or services under such
section during such period.
SEC. 4. COOPERATION WITH MEXICO.
(a) 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.
(b) Report on Enhanced Security Cooperation.--
(1) 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 subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include--
(A) an assessment of the impact of the efforts to
enhance cooperation described in paragraph (1) on
targeting, disrupting, and degrading fentanyl
trafficking;
(B) a description of limitations on such efforts,
including limitations imposed by the Government of
Mexico;
(C) recommendations by the Secretary on actions to
further improve cooperation with defense officials of
the Government of Mexico;
(D) 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
(E) any other matter the Secretary considers
relevant.
(3) Form.--The report required by paragraph (1) may be
submitted in unclassified form but shall include a classified
annex.
SEC. 5. DEFINITIONS.
In this Act:
(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.
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