Carbajal-Bice Bill to Combat Threat of Fentanyl Headed to President’s Desk to Become Law

Defense policy legislation passed by Congress this week contains bicameral measure affirming illicit drug trafficking as a national security threat, increasing federal attention on deadly opioid

Legislation written by House Armed Services Committee member Salud Carbajal (D-CA) and Rep. Stephanie Bice (R-OK) to combat fentanyl trafficking is on the verge of becoming law after passing the U.S. House of Representatives and U.S. Senate this week.

The Disrupt Fentanyl Trafficking Act, originally introduced by the lawmakers along with Senators Joni Ernst (R-IA) and Tim Kaine (D-VA) in May, will increase federal attention on fentanyl trafficking by utilizing the tools of the Department of Defense (DoD) and involving Mexico as an active partner to combat the flow of the illicit opioid and disrupt drug cartel and trafficking activity.

“The Central Coast of California has been devastated by the scourge of fentanyl on our streets, with some areas seeing a 700% spike in overdose deaths in recent years. We need an international and all-hands approach to curbing these overdose deaths–and it starts with cutting off the supply before it reaches our communities,” Representative Salud Carbajal said. “As one of this year’s NDAA conferees, I was proud to see the final agreement include our bipartisan measure to declare fentanyl trafficking a national security threat and enhance cooperation with Mexico to crack down on the flow of this deadly drug – and I look forward to seeing it signed into law before the end of the year.”

“I am proud that the Disrupt Fentanyl Trafficking Act was included in this year’s National Defense Authorization Act. This legislation is critical in empowering the Department of Defense to take steps to halt cartel trafficking. Fentanyl is killing countless Americans, and we must take steps to halt this crisis. I am grateful for the support of my colleagues in the House and Senate as we worked to ensure this legislation was included in the final bill,” said Rep. Bice.

The legislation was included in the final agreement on the Fiscal Year 2024 National Defense Authorization Act (FY24 NDAA) announced earlier this month. The fentanyl measure was first added to the NDAA as an amendment in the House authored with the help of Rep. Jen Kiggans (R-VA). Senators Ernst and Kaine also included the measure in the Senate Armed Services Committee version of the legislation via amendment in June.

The legislation now heads to the desk of President Joe Biden for his signature to become law.

Fentanyl is a leading cause of death for Americans aged 18-45, and an estimated 196 Americans are dying every day due to fentanyl.

Of the 168 overdose deaths in Santa Barbara County in 2022, 115 were fentanyl related, compared to 75 in 2021 and 32 in 2019. In Ventura County, fentanyl-related overdose deaths have risen nearly 800% in recent years – with 181 deaths in 2022 compared to 22 in 2017. In San Luis Obispo County, overdose deaths involving fentanyl climbed from 9 in 2019 to 74 in 2021.

The Department of Defense plays a crucial role in the nation’s counter-drug intelligence and monitoring operations, and these operations are meant to provide federal law enforcement with actionable intelligence to further investigations. However, a lack of interagency cooperation has hampered our government’s counter-fentanyl efforts.

Specifically, the Disrupt Fentanyl Trafficking Act of 2023 will work to strengthen these efforts by:

  • Declaring fentanyl trafficking a national security threat stemming from drug cartels and smugglers,
  • Directing the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations,
  • Requiring the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Addressing coordination efforts between the military and federal law enforcement agencies.

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