I 
118TH CONGRESS 
1ST SESSION H. R. 4795 
To amend title 18, United States Code, with respect to attempted murder 
and the trafficking of fentanyl. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2023 
Mr. LAWLER (for himself, Mr. VALADAO, and Mr. BAIRD) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, with respect to 
attempted murder and the trafficking of fentanyl. 
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 ‘‘Fentanyl Kills Act’’. 
SEC. 2. ATTEMPTED MURDER AND TRAFFICKING OF 
FENTANYL. 
Section 1111 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(d) Any individual who has been found to have traf-
ficked fentanyl shall be deemed to have attempted to per-
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petrate murder under subsection (a) and shall be subject 
to the penalty pursuant to subsection (b). 
‘‘(e) In this section, the term ‘trafficked fentanyl’ 
means— 
‘‘(1) any illicit activity— 
‘‘(A) to produce, manufacture, distribute, 
sell, or knowingly finance or transport— 
‘‘(i) illicit fentanyl, including any con-
trolled substance that is a synthetic opioid 
and any listed chemical (as defined in sec-
tion 102 of the Controlled Substances Act 
(21 U.S.C. 802)) that is a synthetic opioid 
utilized for fentanyl production; or 
‘‘(ii) active pharmaceutical ingredients 
or chemicals that are used in the produc-
tion of fentanyl; 
‘‘(B) to attempt to carry out an activity 
described in subparagraph (A); or 
‘‘(C) to assist, abet, conspire, or collude 
with any other person to carry out an activity 
described in subparagraph (A); 
‘‘(2) a violation of section 401(a)(1) of the Con-
trolled Substances Act (21 U.S.C. 841(a)(1)) involv-
ing manufacturing, distributing, or dispensing, or 
possessing with intent to manufacture, distribute, or 
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dispense, fentanyl or a fentanyl-related substance in 
or into the United States; 
‘‘(3) an attempt or conspiracy to commit a vio-
lation described in paragraph (2); 
‘‘(4) having manufactured, distributed, or dis-
pensed, or possessed with intent to manufacture, 
distribute, or dispense, fentanyl or a fentanyl-related 
substance outside the United States with the inten-
tion of such fentanyl or fentanyl-related substance 
being distributed or dispensed in or into the United 
States in violation of section 401(a)(1) or 406 of the 
Controlled Substances Act (21 U.S.C. 841(a)(1), 
846); or 
‘‘(5) having produced or manufactured, distrib-
uted, or dispensed, or possessed with intent to man-
ufacture, distribute, or dispense, a substance that is 
a precursor to fentanyl or a fentanyl-related sub-
stance with the intention of such precursor, fentanyl, 
or fentanyl-related substance being distributed or 
dispensed in or into the United States in violation 
of section 401(a)(1) or 406 of the Controlled Sub-
stances Act (21 U.S.C. 841(a)(1), 846).’’. 
Æ 
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