What This Bill Does
This bill gives the President permission to use U.S. military force against foreign groups and individuals involved in trafficking fentanyl into America. The bill targets organizations that produce fentanyl, traffic it across borders, attack law enforcement, or use violence to control territory for illegal activities. The authorization lasts for 5 years from when the bill becomes law.
Who It Affects
Foreign drug trafficking organizations and their members located outside the United States. The bill specifically names nine cartels, including the Sinaloa Cartel and Jalisco New Generation Cartel. U.S. military personnel would carry out authorized operations. The bill does not directly regulate American citizens, businesses, or domestic agencies.
Key Provisions
• The President can use military force against foreign nations, organizations, or individuals who traffic fentanyl or fentanyl-related substances (chemicals used to make fentanyl) into the United States (Sec. 2(a)(1)(2)(3))
• The President can use military force against those who attack U.S. law enforcement or military personnel, whether inside or outside the country (Sec. 2(a)(4)(5))
• The President can use military force against those who use violence and intimidation to control territory for illegal activities (Sec. 2(a)(6))
• Nine specific drug cartels are automatically deemed to meet the criteria for military action, effective immediately upon the bill becoming law (Sec. 2(b))
• Military force authorization only applies to targets located outside U.S. territory (Sec. 2(c))
• The authorization expires 5 years after the bill becomes law (Sec. 2(d))
What Changes
If this bill becomes law, the President gains explicit legal authority to direct U.S. armed forces against the named cartels and other foreign drug trafficking organizations without needing additional Congressional approval. The bill treats these organizations as already meeting all legal requirements for military action. Military operations would be permitted in the Western Hemisphere and beyond, as long as targets operate outside U.S. borders.
Important Definitions
"Fentanyl-related substance" means chemicals defined in federal drug regulations (specifically title 21, Code of Federal Regulations, section 1308.11(h)(30)).
Effective Date
The bill becomes effective upon enactment (the date the President signs it). The nine named cartels are deemed to meet criteria for military action effective on the date of enactment.
IA
118TH CONGRESS
1ST SESSION
H. J. RES. 18
To authorize the use of United States Armed Forces against those responsible
for trafficking fentanyl or a fentanyl-related substance into the United
States or carrying out other related activities that cause regional desta-
bilization in the Western Hemisphere.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mr. CRENSHAW (for himself and Mr. WALTZ) submitted the following joint
resolution; which was referred to the Committee on Foreign Affairs
JOINT RESOLUTION
To authorize the use of United States Armed Forces against
those responsible for trafficking fentanyl or a fentanyl-
related substance into the United States or carrying out
other related activities that cause regional destabilization
in the Western Hemisphere.
Whereas armed cartels such as Sinaloa Cartel and the Jalisco
New Generation Cartel are responsible for trafficking
fentanyl and fentanyl-related substances into the United
States;
Whereas fentanyl and fentanyl-related substances kill ap-
proximately 80,000 Americans every year and is the lead-
ing cause of death for American men between the ages
of 18 and 45;
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•HJ 18 IH
Whereas the Sinaloa Cartel and the Los Zetas Cartel, among
others, consistently engage in violence against each other
and other cartels, creating instability mere miles from the
border of the United States;
Whereas in 2015, the Sinaloa Cartel shot down a Mexican
military helicopter with a high powered weapon;
Whereas in 2019, when the Mexican National Guard arrested
Ovidio Guzman, the son of Joaquin ‘‘el Chapo’’ Guzman,
the Sinaloa Cartel attacked Mexican Government forces
and forced them to release Ovidio Guzman;
Whereas in 2022, a battle between cartels along the United
States-Mexico border led to the closure of two ports of
entry;
Whereas in 2022, a grenade attack against the United States
consulate in Nuevo Laredo, Mexico required employees to
shelter in place;
Whereas Mexican cartels regularly intimidate, assault, kid-
nap, torture, and kill Mexican law enforcement; and
Whereas Mexican cartels have repeatedly fired at law enforce-
ment and national guard posted along the United States-
Mexico border: Now, therefore, be it
Resolved by the Senate and House of Representatives
1
of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This joint resolution may be cited as the ‘‘Authoriza-
4
tion for the Use of Military Force to Combat, Attack, Re-
5
sist, Target, Eliminate, and Limit Influence Resolution’’
6
or the ‘‘AUMF CARTEL Influence Resolution’’.
7
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•HJ 18 IH
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES
1
ARMED FORCES.
2
(a) IN GENERAL.—The President is authorized to
3
use all necessary and appropriate force against those for-
4
eign nations, foreign organizations, or foreign persons af-
5
filiated with foreign organizations that the President de-
6
termines—
7
(1) have violated section 401(a)(1) of the Con-
8
trolled Substances Act (21 U.S.C. 841(a)(1)), or
9
have attempted or conspired to violate such section
10
401(a)(1) in violation of section 406 of such Act (21
11
U.S.C. 846), with respect to trafficking into the
12
United States fentanyl or a fentanyl-related sub-
13
stance;
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(2) have trafficked fentanyl or a fentanyl-re-
15
lated substance outside the United States with the
16
intention of such fentanyl or fentanyl-related sub-
17
stance being trafficked into the United States in vio-
18
lation of section 401(a)(1) or 406 of the Controlled
19
Substances Act (21 U.S.C. 841(a)(1), 846) as de-
20
scribed in paragraph (1);
21
(3) have produced or trafficked a substance
22
that is a precursor to fentanyl or a fentanyl-related
23
substance with the intention of such precursor,
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fentanyl, or fentanyl-related substance being traf-
25
ficked into the United States in violation of section
26
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•HJ 18 IH
401(a)(1) or 406 of the Controlled Substances Act
1
(21 U.S.C. 841(a)(1), 846) as described in para-
2
graph (1);
3
(4) have engaged in kinetic actions against
4
United States Federal, State, local, tribal, or terri-
5
torial law enforcement personnel operating in the
6
territory of the United States or abroad;
7
(5) have engaged in kinetic actions against law
8
enforcement, military, or other governmental per-
9
sonnel of a country with a common border with the
10
United States or any other country in the Western
11
Hemisphere; or
12
(6) have used violence and intimidation for the
13
purpose of establishing and controlling territory to
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be used for illicit means.
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(b) DEEMED ORGANIZATIONS.—Effective on the date
16
of the enactment of this joint resolution, the following for-
17
eign organizations, and their members, shall be deemed
18
to have been determined by the President under sub-
19
section (a) to meet the criteria described in such sub-
20
section:
21
(1) The Sinaloa Cartel.
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(2) The Jalisco New Generation Cartel.
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(3) The Gulf Cartel.
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(4) The Los Zetas Cartel.
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•HJ 18 IH
(5) The Northeast Cartel.
1
(6) The Juarez Cartel.
2
(7) The Tijuana Cartel.
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(8) The Beltran-Levya Cartel.
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(9) The La Familia Michoacana, also known as
5
the Knight Templar Cartel.
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(c) LIMITATION.—The authority to use all necessary
7
and appropriate force pursuant to subsection (a) against
8
foreign organizations and foreign persons affiliated with
9
foreign organizations described in subsection (a) shall
10
apply only with respect to those organizations and persons
11
located outside of the territory of the United States.
12
(d) TERMINATION.—The authority to use all nec-
13
essary and appropriate force pursuant to subsection (a)
14
shall terminate on the date that is 5 years after the date
15
of the enactment of this joint resolution.
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(e) WAR POWERS RESOLUTION REQUIREMENTS.—
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(1) SPECIFIC
STATUTORY
AUTHORIZATION.—
18
Consistent with section 8(a)(1) of the War Powers
19
Resolution, Congress declares that this section is in-
20
tended to constitute specific statutory authorization
21
within the meaning of section 5(b) of the War Pow-
22
ers Resolution.
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•HJ 18 IH
(2)
APPLICABILITY
OF
OTHER
REQUIRE-
1
MENTS.—Nothing in this joint resolution supersedes
2
any requirement of the War Powers Resolution.
3
(f) DEFINITION.—In this section, the term ‘‘fentanyl-
4
related substance’’ means a fentanyl-related substance as
5
described in section 1308.11(h)(30) of title 21, Code of
6
Federal Regulations (or successor regulations).
7
Æ
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