Sec. 3. Designation of fentanyl as a weapon of mass destruction
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The Secretary of Homeland Security shall designate illicit fentanyl as a weapon of mass destruction for purposes of title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 590 et seq. ). 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 violation of section 401, 406, or 416 of the Controlled Substances Act ( 21 U.S.C. 841 , 846, 856).
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