[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 39 Introduced in House (IH)]

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118th CONGRESS
  1st Session
H. RES. 39

   Expressing the sense of the House of Representatives that illicit 
fentanyl-related substances are a weapon of mass destruction and should 
                         be classified as such.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2023

   Mr. Dunn of Florida submitted the following resolution; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
    the Committee on the Judiciary, 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

_______________________________________________________________________

                               RESOLUTION


 
   Expressing the sense of the House of Representatives that illicit 
fentanyl-related substances are a weapon of mass destruction and should 
                         be classified as such.

Whereas the term ``fentanyl-related substance'' is defined in section 
        1308.11(h)(30)(i) of title 21, Code of Federal Regulations, as any 
        substance not otherwise listed under another Administration Controlled 
        Substance Code Number, and for which no exemption or approval is in 
        effect under section 505 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 355), that is structurally related to fentanyl by one or more of 
        the following modifications, including--

    (1) replacement of the phenyl portion of the phenethyl group by any 
monocycle, whether or not further substituted in or on the monocycle;

    (2) substitution in or on the phenethyl group with alkyl, alkenyl, 
alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

    (3) substitution in or on the piperidine ring with alkyl, alkenyl, 
alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;

    (4) replacement of the aniline ring with any aromatic monocycle whether 
or not further substituted in or on the aromatic monocycle; or

    (5) replacement of the N-propionyl group by another acyl group;

Whereas China remains the primary source of illicit fentanyl precursors and 
        illicit fentanyl-related substances trafficked through international 
        mail and into the United States;
Whereas transnational criminal organizations in Mexico are rapidly increasing 
        the flow of illicit fentanyl-related substances into the United States 
        over the porous Southern United States border;
Whereas India has emerged as a growing supplier of precursor chemicals and 
        illicit fentanyl-related substances;
Whereas, in July 2018, the Federal Bureau of Investigation Weapons of Mass 
        Destruction Directorate assessed that ``fentanyl is very likely a viable 
        option for a chemical weapons attack by extremists or criminals'';
Whereas illicit fentanyl and illicit fentanyl-related substances trafficking 
        operations are growing in sophistication according to the Drug 
        Enforcement Administration;
Whereas a single kilogram of illicit fentanyl or an illicit fentanyl-related 
        substance can kill 500,000 individuals;
Whereas an estimated 71,238 citizens of the United States have lost their lives 
        from a synthetic opioid overdose in 2021 according to the Centers for 
        Disease Control and Prevention;
Whereas illicit fentanyl is the leading driver of the United States ongoing 
        opioid crisis, according to the Centers for Disease Control and 
        Prevention; and
Whereas Florida Attorney General Ashley Moody has sent a letter to President 
        Biden urging him to classify illicit fentanyl as a weapon of mass 
        destruction: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the President should classify synthetic illicit 
        fentanyl-related substances as a weapon of mass destruction; 
        and
            (2) illicit fentanyl, and illicit fentanyl-related 
        substances, should be permanently placed in schedule I, as 
        defined by 21 U.S.C. 813.
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