HR5023-119

1. Short title This Act may be cited as the Fentanyl Kills Act.

2. Attempted murder and trafficking of fentanyl Section 1111 of title 18, United States Code, is amended— in subsection (c)— in paragraph (5), by striking ; and and inserting a semicolon; in paragraph (6), by striking the period at the end and inserting ; and; and by adding at the end the following: the term trafficked fentanyl means— any illicit activity— to produce, manufacture, distribute, sell, or knowingly finance or transport— illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that is a synthetic opioid utilized for fentanyl production; or active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; to attempt to carry out an activity described in subparagraph (A); or to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); a violation of section 401(a)(1) of the Controlled Substances Act (21 U.S.C. 841(a)(1)) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; an attempt or conspiracy to commit a violation described in paragraph (2); having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention 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 having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance 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 Substances Act (21 U.S.C. 841(a)(1), 846). by adding at the end the following: Any individual who has been found to have trafficked fentanyl shall be deemed to have attempted to perpetrate murder under subsection (a) and shall be subject to the penalty pursuant to subsection (b). (7)the term trafficked fentanyl means— (A)any illicit activity— (i)to produce, manufacture, distribute, sell, or knowingly finance or transport— (I)illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 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 production of fentanyl; (ii)to attempt to carry out an activity described in subparagraph (A); or (iii)to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (B)a violation of section 401(a)(1) of the Controlled Substances Act (21 U.S.C. 841(a)(1)) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (C)an attempt or conspiracy to commit a violation described in paragraph (2); (D)having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention 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 (E)having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance 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 Substances Act (21 U.S.C. 841(a)(1), 846).; and (d)Any individual who has been found to have trafficked fentanyl shall be deemed to have attempted to perpetrate murder under subsection (a) and shall be subject to the penalty pursuant to subsection (b). .