I 
117TH CONGRESS 
2D SESSION 
H. R. 9162 
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 
OCTOBER 7, 2022 
Mr. WENSTRUP (for himself, Mr. TONY GONZALES of Texas, Ms. STEFANIK, 
Mr. TURNER, Mr. HARRIS, Mr. BURGESS, Mr. VAN DREW, Mr. BABIN, 
Mr. JOYCE of Pennsylvania, Mrs. WAGNER, Mr. SMITH of Nebraska, Mr. 
HUDSON, Mr. CARTER of Georgia, Mr. BISHOP of North Carolina, Mr. 
LAHOOD, Mr. FITZPATRICK, Mr. STEWART, Mr. MULLIN, Mr. JACKSON, 
Mr. CRAWFORD, and Mr. GALLAGHER) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committees on the Judiciary, and Foreign Affairs, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Our Scourge Act 
of 2022’’ or the ‘‘SOS Act of 2022’’. 
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SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The number of annual drug overdose deaths 
in the United States has quintupled since 1999. 
(2) According to the Centers for Disease Con-
trol and Prevention, deaths involving illicit fentanyl 
are on the rise, and the number of overdose deaths 
involving synthetic opioids in 2020 was more than 
18 times the number in 2013. 
(3) The Centers for Disease Control and Pre-
vention states that in 2020 more than 56,000 people 
died from overdoses involving synthetic opioids 
(other than methadone) in the United States, ac-
counting for over 82 percent of all opioid-involved 
deaths. 
(4) According to the National Center for Health 
Statistics, the age-adjusted rate of drug overdose 
deaths involving synthetic opioids other than metha-
done (such as fentanyl) increased 56 percent, from 
11.4 in 2019 to 17.8 in 2020 per 100,000 standard 
population. 
(5) The Centers for Disease Control and Pre-
vention finds that reports on increases in synthetic 
opioid-involved deaths ‘‘are being driven by increases 
in fentanyl-involved overdose deaths, and the source 
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of the fentanyl is more likely to be illicitly manufac-
tured than pharmaceutical’’. 
(6) In August 2021, the U.S.-China Economic 
and Security Review Commission published an issue 
brief noting that, in response to China’s May 2019 
fentanyl scheduling announcements, ‘‘Chinese illegal 
fentanyl producers began seeking new ways to evade 
authorities, including developing new fentanyl pre-
cursors, working with traffickers in other countries, 
and using technology to avoid detection’’. 
(7) According to the Drug Enforcement Agen-
cy, fentanyl is being mixed with other illicit drugs to 
increase the potency of the drug, sold as powders 
and nasal spray, and increasingly pressed into pills 
made to look like legitimate prescription opioids. 
(8) In an August 2022 op-ed, Dr. Rahul Gupta, 
Director of the Office of National Drug Control Pol-
icy, wrote, ‘‘While clandestinely produced drugs such 
as fentanyl hardly ever leave China in their final 
form, precursor chemicals for these drugs often are 
imported by criminals from China to Mexico, where 
lethal synthetic drugs are produced and trafficked to 
countries across the globe, including the U.S.’’. 
(9) In fiscal year 2022, U.S. Customs and Bor-
der Protection seized 12,900 pounds of illicit 
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fentanyl, which was primarily manufactured in for-
eign laboratories and smuggled into the United 
States through Mexico—a sufficient quantity to kill 
over 2.9 billion people. 
(10) Current policies to counter the continued 
proliferation of illicit fentanyl have been shown to be 
inadequate at protecting the Nation’s communities. 
SEC. 3. DESIGNATION OF FENTANYL AS A WEAPON OF 
MASS DESTRUCTION. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall designate illicit fentanyl as a weapon of mass 
destruction for purposes of title XIX of the Homeland Se-
curity 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 vio-
lation of section 401, 406, or 416 of the Controlled Sub-
stances Act (21 U.S.C. 841, 846, 856). 
SEC. 4. 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: 
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(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 ad-
dress 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 Peo-
ple’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 ac-
countable. 
(6) Illicit fentanyl being trafficked into the 
United States from Mexico, including the purity, for-
mulation, 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 sub-
section (a); and 
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(2) submit a report to the Congress on the re-
sults 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 dis-
pense, in violation of section 401, 406, or 416 of the Con-
trolled Substances Act (21 U.S.C. 841, 846, 856). 
Æ 
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