Proposed Legislation: The Counter-Narcoterrorism and Fentanyl Declassification Act
Section 1: Short Title
This Act may be cited as the "Counter-Narcoterrorism and Fentanyl Declassification Act."
Section 2: Findings
Congress finds that:
Mexican drug cartels have engaged in activities that pose significant threats to the security and public health of the United States, including but not limited to drug trafficking, human trafficking, murder, and acts of violence against civilians and law enforcement.
Fentanyl, a synthetic opioid, has caused an unprecedented number of deaths due to its potency and widespread illegal distribution, mirroring the devastating effects of weapons of mass destruction.
Section 3: Designation of Mexican Drug Cartels as Foreign Terrorist Organizations
The Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, shall designate the following Mexican drug cartels as Foreign Terrorist Organizations under Section 219 of the Immigration and Nationality Act:
Sinaloa Cartel
Jalisco New Generation Cartel
Gulf Cartel
Cartel Del Noreste
Additional cartels as identified by the Secretary of State that meet the criteria for designation.
Effects of Designation:
Prohibits individuals from knowingly providing material support or resources to these organizations.
Allows for the freezing of assets of these organizations by the U.S. Department of the Treasury.
Bars members of these organizations from entry into the United States.
Enhances legal tools for prosecution of cartel members and associates.
Section 4: Classification of Fentanyl as a Weapon of Mass Destruction
Fentanyl and its analogs shall be classified as "Weapons of Mass Destruction" under Title 18, United States Code, Section 2332a, due to their capacity to cause mass casualties through chemical means.
Implications of Classification:
Enhanced federal resources and authority will be allocated for the detection, prevention, and response to fentanyl trafficking.
Strengthened penalties for the manufacture, distribution, and possession of fentanyl with intent to distribute.
Authorization for increased cooperation between federal, state, and local law enforcement to combat the spread of fentanyl.
Section 5: Interagency Task Force
An interagency task force shall be established to coordinate efforts among the Department of Homeland Security, DEA, FBI, and other relevant agencies to dismantle the operations of designated cartels and address the fentanyl crisis.
Section 6: Reporting Requirements
The Secretary of State and the Attorney General shall submit annual reports to Congress detailing the progress in combating these cartels and the effectiveness of fentanyl's classification as a weapon of mass destruction.
Section 7: Effective Date
This Act shall take effect 90 days after its passage into law.
Section 8: Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Additional Considerations:
This draft would need to be reviewed by legal experts to ensure compliance with existing laws, international treaties, and to anticipate potential legal challenges.
Political support and bipartisan agreement would be necessary for passage, given the implications on U.S.-Mexico relations and the international legal framework surrounding terrorism and weapons classifications.
Consider the potential backlash from Mexico, including diplomatic tensions, and the need for international cooperation to effectively implement these measures.
Public and legislative hearings might be necessary to discuss the implications, effectiveness, and ethical considerations of these labels, particularly regarding the criminalization of drug use and the focus on supply versus demand in drug policy.