Sec. 4. Strategic operational planning to disrupt and deter illicit fentanyl

1,313 words·~6 min read·/bill/118/hr/8701/ih/section-4·

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Congress finds that the Disrupt Fentanyl Trafficking Act of 2023 declared fentanyl trafficking a national security threat stemming from drug cartels and smugglers, directed the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations, required the Secretary of Defense to increase security cooperation with the Mexican military, and address coordination efforts between the military and Federal law enforcement agencies. Section 119 of the National Security Act of 1947 ( 50 U.S.C. 3056 ) is amended to read as follows (and conforming the table of contents at the beginning of such Act accordingly):

There is within the Office of the Director of National Intelligence a National Counterterrorism and Counternarcotics Center. There is a Director of the National Counterterrorism and Counternarcotics Center, who shall be the head of the National Counterterrorism and Counternarcotics Center, and who shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the National Counterterrorism and Counternarcotics Center may not simultaneously serve in any other capacity in the executive branch.

The Director of the National Counterterrorism and Counternarcotics Center shall report to the Director of National Intelligence with respect to matters described in paragraph

(2)and the President with respect to matters described in paragraph (3). The matters described in this paragraph are as follows: The budget and programs of the National Counterterrorism and Counternarcotics Center. The conduct of intelligence operations implemented by other elements of the intelligence community. The matters described in this paragraph are the planning and progress of joint counterterrorism and counternarcotics operations (other than intelligence operations). The primary missions of the National Counterterrorism and Counternarcotics Center shall be as follows: To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism, counterterrorism, narcotics, and counternarcotics excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism. To conduct strategic operational planning for counterterrorism and counternarcotics activities, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies. To assign roles and responsibilities as part of its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism and counternarcotics activities that are consistent with applicable law and that support counterterrorism and counternarcotics strategic operational plans but shall not direct the execution of any resulting operations. To ensure that agencies, as appropriate, have access to and receive all-source intelligence support needed to execute their counterterrorism or coutnernarcotics plans or perform independent, alternative analysis. To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities. To serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups, known or suspected drug traffickers, and transnational criminal organizations, as well as their goals, strategies, capabilities, and networks of contacts and support. The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism or counternarcotics from any Federal, State, or local government or other source necessary to fulfill its responsibilities and retain and disseminate such intelligence. Any agency authorized to conduct counterterrorism or counternarcotics activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b). The Director of the National Counterterrorism and Counternarcotics Center shall— serve as the principal adviser to the Director of National Intelligence on intelligence operations relating to counterterrorism and counternarcotics; provide strategic operational plans for the civilian and military counterterrorism and counternarcotics efforts of the United States Government and for the effective integration of counterterrorism and counternarcotics intelligence and operations across agency boundaries, both inside and outside the United States; advise the Director of National Intelligence on the extent to which the counterterrorism and counternarcotics program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President; disseminate terrorism and narcotics information, including current terrorism and narcotics threat analysis, to the President, the Vice President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director of the Central Intelligence Agency, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress; support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism and narcotics information, consistent with applicable law, guidelines referred to in section 102A(b), Executive orders and other Presidential guidance, to State and local government officials, and other entities, and coordinate dissemination of terrorism and narcotics information to foreign governments as approved by the Director of National Intelligence; develop a strategy for— combining terrorist and travel intelligence operations and law enforcement planning and operations into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility; and combining drug trafficking and supply chains for production and manufacture, finance, and distribution of narcotics with law enforcement planning and operations into a cohesive effort to disrupt the flow of narcotics; have primary responsibility within the United States Government for conducting net assessments of terrorist and drug trafficking threats; consistent with priorities approved by the President, assist the Director of National Intelligence in establishing requirements for the intelligence community for the collection of terrorism and narcotics information; and perform such other duties as the Director of National Intelligence may prescribe or are prescribed by law. Nothing in paragraph (1)(G) may be construed to limit the authority of the departments and agencies of the United States to conduct net assessments. The Director of the National Counterterrorism and Counternarcotics Center may not direct the execution of counterterrorism or counternarcotics operations. The Director of National Intelligence shall resolve disagreements between the National Counterterrorism and Counternarcotics Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities under this section. The head of such a department, agency, or element may appeal the resolution responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b). . The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in section 201, by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center ; and in section 210D, by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center . Section 5313 of title 5, United States Code, is amended by striking National Counterterrorism Center and inserting National Counterterrorism and Counternarcotics Center . Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 6 U.S.C. 123 ) is amended by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center . Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1777 ) is amended by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center . Section 1299F of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 22 U.S.C. 2656j ) is amended by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center . The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended— in section 102A(f), by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center ; and in section 103(c), by striking National Counterterrorism Center and inserting National Counterterrorism and Counternarcotics Center . Section 1079 of the National Defense Authorization Act for Fiscal Year 2008 ( 50 U.S.C. 3307 ) is amended by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center .

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Sec. 4

Strategic operational planning to disrupt and deter illicit fentanyl

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