[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4795 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4795

To amend title 18, United States Code, with respect to attempted murder 
                    and the trafficking of fentanyl.


_______________________________________________________________________


                    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.

    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 ``Fentanyl Kills Act''.

SEC. 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).''.
                                 <all>