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-
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 2023’’ or the ‘‘SOS Act of 2023’’. 
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SEC. 2. 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. 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 ad-
dress such trafficking can be improved, including 
identification of duplicative Federal efforts. 
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(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 
(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-
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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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