II
118th CONGRESS
1st Session
S. 1619
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.
Short title
This Act may be cited as the Disrupt Fentanyl Trafficking Act of 2023
.
Sense of Congress
It is the sense of Congress that—
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;
transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure;
combating fentanyl trafficking demands—
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
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;
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
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.
Development of strategy to counter fentanyl trafficking and report
Strategy
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.
Contents
The strategy required by paragraph (1) shall outline how the Secretary of Defense will—
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;
support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces;
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;
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;
leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking;
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;
engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department—
support efforts to counter fentanyl trafficking; and
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;
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
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.
Form
The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
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.
Report on law enforcement reimbursement
The Secretary of Defense shall submit to the appropriate congressional committees a report on—
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
any payments made for such goods or services under such section during such period.
Cooperation with Mexico
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.
Report on enhanced security cooperation
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).
Contents
The report required by paragraph (1) shall include—
an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking;
a description of limitations on such efforts, including limitations imposed by the Government of Mexico;
recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico;
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
any other matter the Secretary considers relevant.
Form
The report required by paragraph (1) may be submitted in unclassified form but shall include a classified annex.
Definitions
In this Act:
Appropriate congressional committees
The term appropriate congressional committees means—
the Committee on Armed Services of the Senate; and
the Committee on Armed Services of the House of Representatives.
Fentanyl
The term fentanyl means fentanyl and any fentanyl-related substance.
Fentanyl-related substance
The term fentanyl-related substance—
means any substance that is structurally related to fentanyl by 1 or more modifications of—
replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and
replacement of the N-propionyl group with another acyl group; and
does not include a substance described in subparagraph (A) that is—
controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act (21 U.S.C. 811);
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
removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act (21 U.S.C. 811(k)).
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.
Security cooperation program
The term security cooperation program has the meaning given that term in section 301 of title 10, United States Code.
Transnational criminal organization
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.
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.