[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5467-S5468]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5959. Mr. PORTMAN (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. FENTANYL-RELATED SUBSTANCES.

       (a) In General.--Schedule I of section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) is amended by 
     adding at the end the following:
       ``(e)(1) Unless specifically exempted or unless listed in 
     another schedule, any material, compound, mixture, or 
     preparation which contains any quantity of fentanyl-related 
     substances, or which contains their salts, isomers, and salts 
     of isomers whenever the existence of such salts, isomers, and 
     salts of isomers is possible within the specific chemical 
     designation.
       ``(2) In paragraph (1), the term `fentanyl-related 
     substances' includes any substance that is structurally 
     related to fentanyl by 1 or more of the following 
     modifications:
       ``(A) By replacement of the phenyl portion of the phenethyl 
     group by any monocycle, whether or not further substituted in 
     or on the monocycle.
       ``(B) By substitution in or on the phenethyl group with 
     alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or 
     nitro groups.
       ``(C) By substitution in or on the piperidine ring with 
     alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, 
     haloalkyl, amino, or nitro groups.
       ``(D) By replacement of the aniline ring with any aromatic 
     monocycle whether or not further substituted in or on the 
     aromatic monocycle.
       ``(E) By replacement of the N-propionyl group by another 
     acyl group.''.
       (b) No Minimum Sentence.--Section 401(b)(1)(C) of the 
     Controlled Substances Act (21 U.S.C 841(b)(1)(C)) is amended 
     by adding at the end the following: ``Any minimum term of 
     imprisonment required to be imposed under this subparagraph 
     shall not apply with respect to a controlled substance 
     described in subsection (e)(1) of schedule I.''.

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