[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9162 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9162

   To direct the Secretary of Homeland Security to designate illicit 
   fentanyl as a weapon of mass destruction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2022

 Mr. Wenstrup (for himself, Mr. Tony Gonzales of Texas, Ms. Stefanik, 
Mr. Turner, Mr. Harris, Mr. Burgess, Mr. Van Drew, Mr. Babin, Mr. Joyce 
 of Pennsylvania, Mrs. Wagner, Mr. Smith of Nebraska, Mr. Hudson, Mr. 
   Carter of Georgia, Mr. Bishop of North Carolina, Mr. LaHood, Mr. 
 Fitzpatrick, Mr. Stewart, Mr. Mullin, Mr. Jackson, Mr. Crawford, and 
Mr. Gallagher) introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
  the Judiciary, and Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Homeland Security to designate illicit 
   fentanyl as a weapon of mass destruction, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Our Scourge Act of 2022'' or 
the ``SOS Act of 2022''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The number of annual drug overdose deaths in the United 
        States has quintupled since 1999.
            (2) According to the Centers for Disease Control and 
        Prevention, deaths involving illicit fentanyl are on the rise, 
        and the number of overdose deaths involving synthetic opioids 
        in 2020 was more than 18 times the number in 2013.
            (3) The Centers for Disease Control and Prevention states 
        that in 2020 more than 56,000 people died from overdoses 
        involving synthetic opioids (other than methadone) in the 
        United States, accounting for over 82 percent of all opioid-
        involved deaths.
            (4) According to the National Center for Health Statistics, 
        the age-adjusted rate of drug overdose deaths involving 
        synthetic opioids other than methadone (such as fentanyl) 
        increased 56 percent, from 11.4 in 2019 to 17.8 in 2020 per 
        100,000 standard population.
            (5) The Centers for Disease Control and Prevention finds 
        that reports on increases in synthetic opioid-involved deaths 
        ``are being driven by increases in fentanyl-involved overdose 
        deaths, and the source of the fentanyl is more likely to be 
        illicitly manufactured than pharmaceutical''.
            (6) In August 2021, the U.S.-China Economic and Security 
        Review Commission published an issue brief noting that, in 
        response to China's May 2019 fentanyl scheduling announcements, 
        ``Chinese illegal fentanyl producers began seeking new ways to 
        evade authorities, including developing new fentanyl 
        precursors, working with traffickers in other countries, and 
        using technology to avoid detection''.
            (7) According to the Drug Enforcement Agency, fentanyl is 
        being mixed with other illicit drugs to increase the potency of 
        the drug, sold as powders and nasal spray, and increasingly 
        pressed into pills made to look like legitimate prescription 
        opioids.
            (8) In an August 2022 op-ed, Dr. Rahul Gupta, Director of 
        the Office of National Drug Control Policy, wrote, ``While 
        clandestinely produced drugs such as fentanyl hardly ever leave 
        China in their final form, precursor chemicals for these drugs 
        often are imported by criminals from China to Mexico, where 
        lethal synthetic drugs are produced and trafficked to countries 
        across the globe, including the U.S.''.
            (9) In fiscal year 2022, U.S. Customs and Border Protection 
        seized 12,900 pounds of illicit fentanyl, which was primarily 
        manufactured in foreign laboratories and smuggled into the 
        United States through Mexico--a sufficient quantity to kill 
        over 2.9 billion people.
            (10) Current policies to counter the continued 
        proliferation of illicit fentanyl have been shown to be 
        inadequate at protecting the Nation's communities.

SEC. 3. DESIGNATION OF FENTANYL AS A WEAPON OF MASS DESTRUCTION.

    (a) In General.--The Secretary of Homeland Security shall designate 
illicit fentanyl as a weapon of mass destruction for purposes of title 
XIX of the Homeland Security Act of 2002 (6 U.S.C. 590 et seq.).
    (b) Definition.--In this section, the term ``illicit fentanyl'' 
means fentanyl and any analogue thereof that is manufactured, 
distributed, or dispensed, or possessed with intent to manufacture, 
distribute, or dispense, in violation of section 401, 406, or 416 of 
the Controlled Substances Act (21 U.S.C. 841, 846, 856).

SEC. 4. ASSESSMENT REGARDING ILLICIT FENTANYL.

    (a) In General.--The head of the Office of National Drug Control 
Policy, in consultation with the heads of such other Federal agencies 
as the head of the Office of National Drug Control Policy deems 
appropriate, shall conduct an assessment of the following:
            (1) Foreign manufacturing of illicit fentanyl.
            (2) The tools and capabilities across Federal agencies to 
        address trafficking of illicit fentanyl.
            (3) How coordination of Federal efforts to address such 
        trafficking can be improved, including identification of 
        duplicative Federal efforts.
            (4) The capacities of the Mexican military to conduct 
        counterdrug missions with respect to illicit fentanyl.
            (5) The capacities and willingness of the People's Republic 
        of China to curtail the flow of illicit fentanyl, conduct 
        inspections and investigations with respect to illicit 
        fentanyl, screen for illicit fentanyl at ports of exit, 
        implement ``know-your-customer'' standards, and hold 
        traffickers of illicit fentanyl accountable.
            (6) Illicit fentanyl being trafficked into the United 
        States from Mexico, including the purity, formulation, and 
        weight of the illicit fentanyl.
    (b) Timing; Report.--Not later than 180 days after the date of 
enactment of this Act, the head of the Office of National Drug Control 
Policy shall--
            (1) complete the assessment required by subsection (a); and
            (2) submit a report to the Congress on the results of such 
        assessment.
    (c) Definition.--In this section, the term ``illicit fentanyl'' 
means fentanyl and any analogue or precursor thereof that is 
manufactured, distributed, or dispensed, or possessed with intent to 
manufacture, distribute, or dispense, in violation of section 401, 406, 
or 416 of the Controlled Substances Act (21 U.S.C. 841, 846, 856).
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