SOS Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3666 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 MAY 25, 2023 Mr. 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 re- ferred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be sub- sequently 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Our Scourge Act 4 of 2023’’ or the ‘‘SOS Act of 2023’’. 5 VerDate Sep 11 2014 02:40 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3666.IH H3666 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3666 IH SEC. 2. DESIGNATION OF FENTANYL AS A WEAPON OF 1 MASS DESTRUCTION. 2 (a) IN GENERAL.—The Secretary of Homeland Secu- 3 rity shall designate illicit fentanyl as a weapon of mass 4 destruction for purposes of title XIX of the Homeland Se- 5 curity Act of 2002 (6 U.S.C. 590 et seq.). 6 (b) DEFINITION.—In this section, the term ‘‘illicit 7 fentanyl’’ means fentanyl and any analogue thereof that 8 is manufactured, distributed, or dispensed, or possessed 9 with intent to manufacture, distribute, or dispense, in vio- 10 lation of section 401, 406, or 416 of the Controlled Sub- 11 stances Act (21 U.S.C. 841, 846, 856). 12 SEC. 3. ASSESSMENT REGARDING ILLICIT FENTANYL. 13 (a) IN GENERAL.—The head of the Office of National 14 Drug Control Policy, in consultation with the heads of 15 such other Federal agencies as the head of the Office of 16 National Drug Control Policy deems appropriate, shall 17 conduct an assessment of the following: 18 (1) Foreign manufacturing of illicit fentanyl. 19 (2) The tools and capabilities across Federal 20 agencies to address trafficking of illicit fentanyl. 21 (3) How coordination of Federal efforts to ad- 22 dress such trafficking can be improved, including 23 identification of duplicative Federal efforts. 24 VerDate Sep 11 2014 02:40 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3666.IH H3666 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3666 IH (4) The capacities of the Mexican military to 1 conduct counterdrug missions with respect to illicit 2 fentanyl. 3 (5) The capacities and willingness of the Peo- 4 ple’s Republic of China to curtail the flow of illicit 5 fentanyl, conduct inspections and investigations with 6 respect to illicit fentanyl, screen for illicit fentanyl at 7 ports of exit, implement ‘‘know-your-customer’’ 8 standards, and hold traffickers of illicit fentanyl ac- 9 countable. 10 (6) Illicit fentanyl being trafficked into the 11 United States from Mexico, including the purity, for- 12 mulation, and weight of the illicit fentanyl. 13 (b) TIMING; REPORT.—Not later than 180 days after 14 the date of enactment of this Act, the head of the Office 15 of National Drug Control Policy shall— 16 (1) complete the assessment required by sub- 17 section (a); and 18 (2) submit a report to the Congress on the re- 19 sults of such assessment. 20 (c) DEFINITION.—In this section, the term ‘‘illicit 21 fentanyl’’ means fentanyl and any analogue or precursor 22 thereof that is manufactured, distributed, or dispensed, or 23 possessed with intent to manufacture, distribute, or dis- 24 VerDate Sep 11 2014 02:40 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3666.IH H3666 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3666 IH pense, in violation of section 401, 406, or 416 of the Con- 1 trolled Substances Act (21 U.S.C. 841, 846, 856). 2 Æ VerDate Sep 11 2014 02:40 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3666.IH H3666 kjohnson on DSK79L0C42PROD with BILLS