Federal Initiative to Guarantee Health by Targeting Fentanyl Act

II Calendar No. 405 116TH CONGRESS 2D SESSION S. 3193 To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 14, 2020 Mr. PORTMAN (for himself, Mr. MANCHIN, Mrs. CAPITO, and Mrs. HYDE- SMITH) introduced the following bill; which was read the first time JANUARY 15, 2020 Read the second time and placed on the calendar A BILL To amend the Controlled Substances Act to list fentanyl- related substances as schedule I controlled substances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Initiative to 4 Guarantee Health by Targeting Fentanyl Act’’. 5 VerDate Sep 11 2014 23:15 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3193.PCS S3193 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3193 PCS SEC. 2. FENTANYL-RELATED SUBSTANCES. 1 (a) IN GENERAL.—Schedule I of section 202(c) of 2 the Controlled Substances Act (21 U.S.C. 812(c)) is 3 amended by adding at the end the following: 4 ‘‘(e)(1) Unless specifically exempted or unless listed 5 in another schedule, any material, compound, mixture, or 6 preparation which contains any quantity of fentanyl-re- 7 lated substances, or which contains their salts, isomers, 8 and salts of isomers whenever the existence of such salts, 9 isomers, and salts of isomers is possible within the specific 10 chemical designation. 11 ‘‘(2) In paragraph (1), the term ‘fentanyl-related sub- 12 stances’ includes any substance that is structurally related 13 to fentanyl by 1 or more of the following modifications: 14 ‘‘(A) By replacement of the phenyl portion of 15 the phenethyl group by any monocycle, whether or 16 not further substituted in or on the monocycle. 17 ‘‘(B) By substitution in or on the phenethyl 18 group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, 19 haloalkyl, amino, or nitro groups. 20 ‘‘(C) By substitution in or on the piperidine 21 ring with alkyl, alkenyl, alkoxyl, ester, ether, 22 hydroxyl, halo, haloalkyl, amino, or nitro groups. 23 ‘‘(D) By replacement of the aniline ring with 24 any aromatic monocycle whether or not further sub- 25 stituted in or on the aromatic monocycle. 26 VerDate Sep 11 2014 23:15 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3193.PCS S3193 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3193 PCS ‘‘(E) By replacement of the N-propionyl group 1 by another acyl group.’’. 2 (b) NO MINIMUM SENTENCE.—Section 401(b)(1)(C) 3 of the Controlled Substances Act (21 U.S.C 841(b)(1)(C)) 4 is amended by adding at the end the following: ‘‘Any min- 5 imum term of imprisonment required to be imposed under 6 this subparagraph shall not apply with respect to a con- 7 trolled substance described in subsection (e)(1) of schedule 8 I.’’. 9 VerDate Sep 11 2014 23:15 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3193.PCS S3193 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 405 116TH CONGRESS 2D SESSION S. 3193 A BILL To amend the Controlled Substances Act to list fentanyl-related substances as schedule I con- trolled substances, and for other purposes. JANUARY 15, 2020 Read the second time and placed on the calendar VerDate Sep 11 2014 23:15 Jan 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\S3193.PCS S3193 pamtmann on DSKBC07HB2PROD with BILLS