I 
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) intro-
duced the following bill; which was referred to the Committee on Armed 
Services, and in addition to the Committees on the Judiciary, and For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction 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 Representa-
tives 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 Con-
gress that— 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
(1) fentanyl trafficking across the borders of 
the United States, and the consequences of that 
trafficking, constitute an unprecedented, nontradi-
tional, 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, con-
trol, 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 com-
prised of an integrated and synchronized inter-
agency organizational construct committed to 
dismantling the process of trafficking fentanyl 
from chemical precursor to production to deliv-
ery 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, 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
the Department of State, other counter-drug agen-
cies, and stakeholders to effectively communicate 
and that the failure of effective communication af-
fects 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 intra-
state 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 secu-
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
rity of the United States caused or exacerbated 
by fentanyl trafficking. 
(B) CONTENTS.—The strategy required by 
subparagraph (A) shall outline how the Sec-
retary of Defense will— 
(i) leverage existing authorities re-
garding 
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 secu-
rity forces; 
(iii) coordinate efforts of the Depart-
ment of Defense for the detection and 
monitoring of aerial, maritime, and surface 
traffic suspected of carrying fentanyl 
bound for the United States, including ef-
forts to unify the use of technology, sur-
veillance, and related resources across air, 
land, and maritime domains to counter 
fentanyl trafficking, including with respect 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
to data collection, data processing, and in-
tegrating sensors across such domains; 
(iv) provide military-unique capabili-
ties 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 sec-
tion 284(b)(10) of title 10, United States 
Code; 
(v) leverage existing counterdrug and 
counter-transnational organized crime pro-
grams 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 en-
forcement agencies conducted by special 
operations forces to counter fentanyl traf-
ficking, 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 pro-
grams of the Department— 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
(I) support efforts to counter 
fentanyl trafficking; and 
(II) build capacity to interdict 
fentanyl in foreign countries, includ-
ing programs to train security forces 
in 
partner 
countries 
to 
counter 
fentanyl trafficking, including coun-
tering illicit flows of fentanyl precur-
sors, consistent with sections 284(c) 
and 333 of title 10, United States 
Code; 
(viii) use the North American Defense 
Ministerial and the bilateral defense work-
ing groups and bilateral military coopera-
tion round tables with Canada and Mexico 
to increase domain awareness to detect and 
monitor fentanyl trafficking; and 
(ix) evaluate existing policies, proce-
dures, processes, and resources that affect 
the ability of the Department to counter 
fentanyl trafficking consistent with existing 
counterdrug and counter-transnational or-
ganized crime authorities. 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
(C) FORM.—The strategy required by sub-
paragraph (A) shall be submitted in unclassi-
fied 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 imple-
mentation. 
(2) REPORT
ON
LAW
ENFORCEMENT
REIM-
BURSEMENT.—The Secretary of Defense shall sub-
mit 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’’), dur-
ing 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 orga-
nized 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. 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
(c) COOPERATION WITH MEXICO.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall seek to enhance cooperation with defense offi-
cials of the Government of Mexico to target, disrupt, 
and degrade transnational criminal organizations 
within Mexico that traffic fentanyl. 
(2) REPORT
ON
ENHANCED
SECURITY
CO-
OPERATION.— 
(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 re-
port on efforts to enhance cooperation with de-
fense 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; 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
(iii) recommendations by the Sec-
retary on actions to further improve co-
operation with defense officials of the Gov-
ernment 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 sub-
paragraph (A) may be submitted in unclassified 
form but shall include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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. 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS
(A) 
IN
GENERAL.—The 
term 
‘‘transnational criminal organization’’ means a 
group, network, and associated individuals who 
operate transnationally for the purpose of ob-
taining power, influence, or monetary or com-
mercial gain, wholly or in part by illegal means, 
while advancing their activities through a pat-
tern of crime, corruption, or violence and pro-
tecting 
their 
illegal 
activities 
through 
a 
transnational organizational structure and the 
exploitation 
of 
public 
corruption 
or 
transnational logistics, financial, or communica-
tion mechanisms. 
(B) ADDITIONAL
ORGANIZATIONS.—The 
term ‘‘transnational criminal organization’’ in-
cludes any transnational criminal organization 
identified in the most recent Drug Threat As-
sessment of the Drug Enforcement Agency. 
Æ 
VerDate Sep 11 2014 
04:13 May 30, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H3359.IH
H3359
kjohnson on DSK79L0C42PROD with BILLS