[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]

<DOC>






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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