I 

115TH CONGRESS 

2D SESSION H. R. 5459 

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 HOUSE OF REPRESENTATIVES 

APRIL 10, 2018 

Mr. HILL introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Energy and Commerce, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending the Fentanyl 

5 Crisis Act of 2018’’. 

6 SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS. 

7 Section 401(b)(1) of the Controlled Substances Act 

8 (21 U.S.C. 841(b)(1)) is amended— 


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1 (1) in subparagraph (A)(vi)— 

2 (A) by striking ‘‘400’’ and inserting ‘‘20’’; 

3 and 

4 (B) by striking ‘‘100’’ and inserting ‘‘5’’; 

5 and 

6 (2) in subparagraph (B)(vi)— 

7 (A) by striking ‘‘40’’ and inserting ‘‘2’’; 

8 and 

9 (B) by striking ‘‘10’’ and inserting ‘‘0.5’’. 

10 SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT 

11 ACT AMENDMENTS. 

12 Section 1010(b) of the Controlled Substances Import 

13 and Export Act (21 U.S.C. 960(b))— 

14 (1) in paragraph (1)(F)— 

15 (A) by striking ‘‘400’’ and inserting ‘‘20’’; 

16 and 

17 (B) by striking ‘‘100’’ and inserting ‘‘5’’; 

18 and 

19 (2) in paragraph (2)(F)— 

20 (A) by striking ‘‘40’’ and inserting ‘‘2’’; 

21 and 

22 (B) by striking ‘‘10’’ and inserting ‘‘0.5’’. 


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1 SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION. 

2 (a) DEFINITION.—In this section, the term the 

3 ‘‘Commission’’ means the United States Sentencing Com4 mission. 

5 (b) DIRECTIVE TO THE UNITED STATES SEN6 TENCING COMMISSION.—Pursuant to the authority of the 

7 Commission under section 994(p) of title 28, United 

8 States Code, and in accordance with this section, the Com9 mission shall review and amend, if appropriate, the guide10 lines and policy statements of the Commission applicable 

11 to a person convicted of an offense under section 401 of 

12 the Controlled Substances Act (21 U.S.C. 841) or section 

13 1010 of the Controlled Substances Import and Export Act 

14 (21 U.S.C. 960) to ensure that the guidelines and policy 

15 statements are consistent with the amendments made by 

16 sections 2 and 3 of this Act. 

17 (c) EMERGENCY AUTHORITY.—The Commission 

18 shall— 

19 (1) promulgate the guidelines, policy state20 ments, or amendments provided for in this Act as 

21 soon as practicable, and in any event not later than 

22 120 days after the date of enactment of this Act, in 

23 accordance with the procedure set forth in section 

24 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 

25 note), as though the authority under that Act had 

26 not expired; and 


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1 (2) pursuant to the emergency authority pro2 vided under paragraph (1), make such conforming 

3 amendments to the Federal sentencing guidelines as 

4 the Commission determines necessary to achieve 

5 consistency with other guideline provisions and ap6 plicable law. 

7 SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC 

8 OPIOIDS, AND OTHER NARCOTICS AND 

9 PSYCHOACTIVE SUBSTANCES. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘chemical screening device’’ means 

12 an immunoassay, narcotics field test kit, infrared 

13 spectrophotometer, mass spectrometer, nuclear mag14 netic resonance spectrometer, Raman spectrophoto15 meter, or other scientific instrumentation able to col16 lect data that can be interpreted to determine the 

17 presence of fentanyl, other synthetic opioids, and 

18 other narcotics and psychoactive substances; 

19 (2) the term ‘‘express consignment operator or 

20 carrier’’ has the meaning given the term in section 

21 128.1 of title 19, Code of Federal Regulations (or 

22 any successor regulation); and 

23 (3) the term ‘‘Postmaster General’’ means the 

24 Postmaster General of the United States Postal 

25 Service. 


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1 (b) INTERDICTION OF FENTANYL, OTHER SYN2 THETIC OPIOIDS, AND OTHER NARCOTICS AND

3 PSYCHOACTIVE SUBSTANCES.— 

4 (1) CHEMICAL SCREENING DEVICES.—The 

5 Postmaster General shall— 

6 (A) increase the number of chemical 

7 screening devices that are available to the 

8 United States Postal Service; and 

9 (B) make additional chemical screening de10 vices available to the United States Postal Serv11 ice as the Postmaster General determines are 

12 necessary to interdict fentanyl, other synthetic 

13 opioids, and other narcotics and psychoactive 

14 substances that are illegally imported into the 

15 United States, including such substances that 

16 are imported through the mail or by an express 

17 consignment operator or carrier. 

18 (2) PERSONNEL TO INTERPRET DATA.—The 

19 Postmaster General shall dedicate the appropriate 

20 number of personnel of the United States Postal 

21 Service, including scientists, so that those personnel 

22 are available during all operational hours to inter23 pret data collected by chemical screening devices. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Postmaster General 


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1 $9,000,000 to ensure that the United States Postal Serv2 ice has resources, including chemical screening devices, 

3 personnel, and scientists, available during all operational 

4 hours to prevent, detect, and interdict the unlawful impor5 tation of fentanyl, other synthetic opioids, and other nar6 cotics and psychoactive substances. 

Æ 


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