[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4666-S4667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2329. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 end of title X, add the following:

            Subtitle I--Fairness in Fentanyl Sentencing Act

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Fairness in Fentanyl 
     Sentencing Act of 2024''.

     SEC. 1097. 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. 1098. 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. 1099. 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

[[Page S4667]]

     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 1097 and 1098 of this subtitle.
       (c) Emergency Authority.--The Commission shall--
       (1) promulgate the guidelines, policy statements, or 
     amendments provided for in this subtitle 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. 1099A. 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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