[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 878 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 878

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to modify the offenses relating to fentanyl, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2023

 Mr. Kennedy (for himself, Mr. Cotton, Mr. Graham, Mr. Cruz, and Mrs. 
Britt) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to modify the offenses relating to fentanyl, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Fentanyl Sentencing Act 
of 2023''.

SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS.

    Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) is amended--
            (1) in subparagraph (A)(vi)--
                    (A) by striking ``400'' and inserting ``20'';
                    (B) by striking ``100'' and inserting ``5''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''; and
            (2) in subparagraph (B)(vi)--
                    (A) by striking ``40'' and inserting ``2'';
                    (B) by striking ``10'' and inserting ``0.5''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''.

SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMENDMENTS.

    Section 1010(b) of the Controlled Substances Import and Export Act 
(21 U.S.C. 960(b)) is amended--
            (1) in paragraph (1)(F)--
                    (A) by striking ``400'' and inserting ``20'';
                    (B) by striking ``100'' and inserting ``5''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''; and
            (2) in paragraph (2)(F)--
                    (A) by striking ``40'' and inserting ``2'';
                    (B) by striking ``10'' and inserting ``0.5''; and
                    (C) by inserting ``scheduled or unscheduled'' 
                before ``analogue of''.

SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION.

    (a) Definition.--In this section, the term ``Commission'' means the 
United States Sentencing Commission.
    (b) Directive to the United States Sentencing Commission.--Pursuant 
to the authority of the Commission under section 994(p) of title 28, 
United States Code, and in accordance with this section, the Commission 
shall review and amend, if appropriate, the guidelines and policy 
statements of the Commission applicable to a person convicted of an 
offense under section 401 of the Controlled Substances Act (21 U.S.C. 
841) or section 1010 of the Controlled Substances Import and Export Act 
(21 U.S.C. 960) to ensure that the guidelines and policy statements are 
consistent with the amendments made by sections 2 and 3 of this Act.
    (c) Emergency Authority.--The Commission shall--
            (1) promulgate the guidelines, policy statements, or 
        amendments provided for in this Act as soon as practicable, and 
        in any event not later than 120 days after the date of 
        enactment of this Act, in accordance with the procedure set 
        forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 
        994 note), as though the authority under that Act had not 
        expired; and
            (2) pursuant to the emergency authority provided under 
        paragraph (1), make such conforming amendments to the Federal 
        sentencing guidelines as the Commission determines necessary to 
        achieve consistency with other guideline provisions and 
        applicable law.

SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER 
              NARCOTICS AND PSYCHOACTIVE SUBSTANCES.

    (a) Definitions.--In this section--
            (1) the term ``chemical screening device'' means an 
        immunoassay, narcotics field test kit, infrared 
        spectrophotometer, mass spectrometer, nuclear magnetic 
        resonance spectrometer, Raman spectrophotometer, or other 
        scientific instrumentation able to collect data that can be 
        interpreted to determine the presence of fentanyl, other 
        synthetic opioids, and other narcotics and psychoactive 
        substances;
            (2) the term ``express consignment operator or carrier'' 
        has the meaning given the term in section 128.1 of title 19, 
        Code of Federal Regulations, or any successor thereto; and
            (3) the term ``Postmaster General'' means the Postmaster 
        General of the United States Postal Service.
    (b) Interdiction of Fentanyl, Other Synthetic Opioids, and Other 
Narcotics and Psychoactive Substances.--
            (1) Chemical screening devices.--The Postmaster General 
        shall--
                    (A) increase the number of chemical screening 
                devices that are available to the United States Postal 
                Service; and
                    (B) make additional chemical screening devices 
                available to the United States Postal Service as the 
                Postmaster General determines are necessary to 
                interdict fentanyl, other synthetic opioids, and other 
                narcotics and psychoactive substances that are 
                illegally imported into the United States, including 
                such substances that are imported through the mail or 
                by an express consignment operator or carrier.
            (2) Personnel to interpret data.--The Postmaster General 
        shall dedicate the appropriate number of personnel of the 
        United States Postal Service, including scientists, so that 
        those personnel are available during all operational hours to 
        interpret data collected by chemical screening devices.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Postmaster General $9,000,000 to ensure that the 
United States Postal Service has resources, including chemical 
screening devices, personnel, and scientists, available during all 
operational hours to prevent, detect, and interdict the unlawful 
importation of fentanyl, other synthetic opioids, and other narcotics 
and psychoactive substances.
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