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