to a controlled substance in order to be consid-
ered an analogue, yet the threshold for ‘‘sub-
stantially similar’’ has been cited by numerous 
courts as difficult to apply. 
(B) Each case requires additional inves-
tigation to determine whether the substance in 
question was ‘‘intended for human consump-
tion’’ and can therefore be considered an ana-
logue. 
(7) Illicit fentanyl manufacturers are continu-
ously manipulating the chemical structures of the 
analogues in order to stay ahead of researchers and 
law enforcement, thus making prosecuting these 
crimes overly onerous. Furthermore, the speed at 
which these alterations can be made outpace the cur-
rent authorities of the Department of Justice to 
schedule new compounds and analogues under the 
Controlled Substances Act (21 U.S.C. 801 et seq.). 
(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that— 
(1) the trafficking in fentanyl and other syn-
thetic opioids represents a public health emergency 
in the United States and requires a comprehensive 
legislative response; 
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(2) the United States Government should use 
all available measures to reduce the availability of il-
licit fentanyl, its chemical precursors, and the equip-
ment by which fentanyl may be milled into counter-
feit prescription pills; 
(3) the United States Government should make 
grants available for State and local medical exam-
iners and coroners to screen for fentanyl in sus-
pected opioid overdose cases in regions reporting in-
creases in fentanyl seizures, fentanyl-related over-
dose fatalities, or unusually high spikes in heroin or 
unspecified drug overdose fatalities; 
(4) State and local law enforcement should, if 
safe and possible, prioritize and expedite testing of 
drug samples taken from drug overdose scenes and 
share the data on fentanyl drug seizures with local 
health departments, coroners, and medical exam-
iners; 
(5) grants made available to address the opioid 
epidemic should be used to improve States’ surveil-
lance of fentanyl-related deaths and to expand ac-
cess to naloxone for first responders, law enforce-
ment, and health care personnel given that multiple 
doses of naloxone must be administered per overdose 
event; and 
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(6) the United States Government, including 
the Secretary of State, the Attorney General, the 
Secretary of Homeland Security, and the Director of 
the Office of National Drug Control Policy, should 
use the broad diplomatic and law enforcement re-
sources of the United States, in partnership with the 
Governments of Mexico and China, to stop the traf-
ficking of illicit fentanyl into the United States. 
SEC. 3. ENHANCED PENALTIES. 
(a) 
CONTROLLED
SUBSTANCES
ACT
AMEND-
MENTS.—The Controlled Substances Act is amended— 
(1) 
in 
section 
401(b)(1) 
(21 
U.S.C. 
841(b)(1))— 
(A) in subparagraph (A)(vi)— 
(i) by striking ‘‘400 grams’’ and in-
serting ‘‘20 grams’’; and 
(ii) by striking ‘‘100 grams’’ and in-
serting ‘‘5 grams’’; and 
(B) in subparagraph (B)(vi)— 
(i) by striking ‘‘40 grams’’ and insert-
ing ‘‘2 grams’’; and 
(ii) by striking ‘‘10 grams’’ and in-
serting ‘‘0.5 grams’’; and 
(2) by adding at the end of section 401(b) (21 
U.S.C. 841(b)) the following: 
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‘‘(8) In the case of a violation of subsection (a), 
if the mixture or substance contains a detectable 
amount 
of 
N-phenyl-[1–(2-phenylethyl)–4- 
piperidinyl] propanamide or any analogue of N- 
phenyl-[1–(2-phenylethyl)–4-piperidinyl] 
propanamide and also contains a detectable amount 
of another controlled substance, then a court shall— 
‘‘(A) not impose a term of probation; 
‘‘(B) in addition to the term of punishment 
for the violation of this section, impose a term 
of imprisonment not to exceed 5 years; and 
‘‘(C) no term of imprisonment imposed on 
a person under subparagraph (B) shall run con-
currently with any term of imprisonment im-
posed on the person under any other provision 
of law. 
‘‘(9) In the case of a violation of subsection (a), 
if the mixture or substance containing a detectable 
amount 
of 
N-phenyl-[1–(2-phenylethyl)–4- 
piperidinyl] propanamide or any analogue of N- 
phenyl-[1–(2-phenylethyl)–4-piperidinyl] 
propanamide was represented to be or sold as an-
other controlled substance, then a court shall— 
‘‘(A) not impose a term of probation; 
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‘‘(B) in addition to the term of punishment 
for the violation of this section, impose a term 
of imprisonment not to exceed 5 years; and 
‘‘(C) no term of imprisonment imposed on 
a person under subparagraph (B) shall run con-
currently with any term of imprisonment im-
posed on the person under any other provision 
of law.’’. 
(b) 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 by adding at the end the following: 
‘‘(8) In the case of a violation of subsection (a), 
if the mixture or substance containing a detectable 
amount 
of 
N-phenyl-[1–(2-phenylethyl)–4- 
piperidinyl] propanamide or any analogue of N- 
phenyl-[1–(2-phenylethyl)–4-piperidinyl] 
propanamide also contains a detectable amount of 
another controlled substance, then a court shall— 
‘‘(A) not impose a term of probation; 
‘‘(B) in addition to the term of punishment 
for the violation of this section, impose a term 
of imprisonment not to exceed 5 years; and 
‘‘(C) no term of imprisonment imposed on 
a person under subparagraph (B) shall run con-
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currently with any term of imprisonment im-
posed on the person under any other provision 
of law. 
‘‘(9) In the case of a violation of subsection (a), 
if the mixture or substance containing a detectable 
amount 
of 
N-phenyl-[1–(2-phenylethyl)–4- 
piperidinyl] propanamide or any analogue of N- 
phenyl-[1–(2-phenylethyl)–4-piperidinyl] 
propanamide was represented to be or sold as an-
other controlled substance, then a court shall— 
‘‘(A) not impose a term of probation; 
‘‘(B) in addition to the term of punishment 
for the violation of this section, impose a term 
of imprisonment not to exceed 5 years; and 
‘‘(C) no term of imprisonment imposed on 
a person under subparagraph (B) shall run con-
currently with any term of imprisonment im-
posed on the person under any other provision 
of law.’’. 
SEC. 4. ENDANGERING HUMAN LIFE WHILE ILLEGALLY 
MANUFACTURING CONTROLLED SUBSTANCE. 
Section 417 of the Controlled Substances Act (21 
U.S.C. 858) is amended to read as follows: 
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