[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.
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