118 HR 4795 IH: Fentanyl Kills Act U.S. House of Representatives 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 4795 IN THE HOUSE OF REPRESENTATIVES July 20, 2023 Mr. Lawler (for himself, Mr. Valadao, and Mr. Baird) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to attempted murder and the trafficking of fentanyl.

1.

Short title

This Act may be cited as the Fentanyl Kills Act.

2.

Attempted murder and trafficking of fentanyl

Section 1111 of title 18, United States Code, is amended by adding at the end the following: (d)Any individual who has been found to have trafficked fentanyl shall be deemed to have attempted to perpetrate murder under subsection (a) and shall be subject to the penalty pursuant to subsection (b). (e)In this section, the term trafficked fentanyl means— (1)any illicit activity— (A)to produce, manufacture, distribute, sell, or knowingly finance or transport— (i)illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is a synthetic opioid utilized for fentanyl production; or (ii)active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B)to attempt to carry out an activity described in subparagraph (A); or (C)to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2)a violation of section 401(a)(1) of the Controlled Substances Act (21 U.S.C. 841(a)(1)) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3)an attempt or conspiracy to commit a violation described in paragraph (2); (4)having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act (21 U.S.C. 841(a)(1), 846); or (5)having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act (21 U.S.C. 841(a)(1), 846). .