H.R. 3666 — Introduced in House

I 118th CONGRESS 1st Session H. R. 3666 IN THE HOUSE OF REPRESENTATIVES May 25, 2023Mr. Wenstrup (for himself, Mr. Garbarino, Mr. Tony Gonzales of Texas, Ms. Stefanik, Mr. Harris, Mr. Joyce of Pennsylvania, Mrs. Wagner, and Mr. Jackson of Texas) 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. 1. Short title This Act may be cited as the Stop Our Scourge Act of 2023 or the SOS Act of 2023. 2. 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). 3. 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).