Federal Initiative to Guarantee Health by Targeting Fentanyl Act

I 118TH CONGRESS 1ST SESSION H. R. 3629 To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 24, 2023 Mr. BUCHANAN introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned 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 05:10 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3629.IH H3629 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3629 IH 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 05:10 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3629.IH H3629 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3629 IH ‘‘(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. 4 841(b)(1)(C)) is amended by adding at the end the fol- 5 lowing: ‘‘Any minimum term of imprisonment required to 6 be imposed under this subparagraph shall not apply with 7 respect to a controlled substance described in subsection 8 (e)(1) of schedule I.’’. 9 Æ VerDate Sep 11 2014 05:10 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3629.IH H3629 kjohnson on DSK79L0C42PROD with BILLS