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.

IV 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 Com- mittee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in 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 Num- ber, and for which no exemption or approval is in effect under section 505 of the Federal Food, Drug, and Cos- metic Act (21 U.S.C. 355), that is structurally related to fentanyl by one or more of the following modifications, including— VerDate Sep 11 2014 23:24 Jan 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR39.IH HR39 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HRES 39 IH (1) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not fur- ther substituted in or on the monocycle; (2) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (3) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (4) replacement of the aniline ring with any aro- matic monocycle whether or not further substituted in or on the aromatic monocycle; or (5) replacement of the N–propionyl group by an- other acyl group; Whereas China remains the primary source of illicit fentanyl precursors and illicit fentanyl-related substances traf- ficked through international mail and into the United States; Whereas transnational criminal organizations in Mexico are rapidly increasing the flow of illicit fentanyl-related sub- stances into the United States over the porous Southern United States border; Whereas India has emerged as a growing supplier of pre- cursor chemicals and illicit fentanyl-related substances; Whereas, in July 2018, the Federal Bureau of Investigation Weapons of Mass Destruction Directorate assessed that ‘‘fentanyl is very likely a viable option for a chemical weapons attack by extremists or criminals’’; Whereas illicit fentanyl and illicit fentanyl-related substances trafficking operations are growing in sophistication ac- cording to the Drug Enforcement Administration; VerDate Sep 11 2014 23:24 Jan 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR39.IH HR39 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HRES 39 IH 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, there- fore, be it Resolved, That it is the sense of the House of Rep- 1 resentatives that— 2 (1) the President should classify synthetic illicit 3 fentanyl-related substances as a weapon of mass de- 4 struction; and 5 (2) illicit fentanyl, and illicit fentanyl-related 6 substances, should be permanently placed in sched- 7 ule I, as defined by 21 U.S.C. 813. 8 Æ VerDate Sep 11 2014 23:24 Jan 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\HR39.IH HR39 pbinns on DSKJLVW7X2PROD with $$_JOB