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 Com-
merce, and Oversight and Government Reform, for a period to be subse-
quently 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 of-
fenses relating to fentanyl, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending the Fentanyl 
Crisis Act of 2018’’. 
SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS. 
Section 401(b)(1) of the Controlled Substances Act 
(21 U.S.C. 841(b)(1)) is amended— 
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(1) in subparagraph (A)(vi)— 
(A) by striking ‘‘400’’ and inserting ‘‘20’’; 
and 
(B) by striking ‘‘100’’ and inserting ‘‘5’’; 
and 
(2) in subparagraph (B)(vi)— 
(A) by striking ‘‘40’’ and inserting ‘‘2’’; 
and 
(B) by striking ‘‘10’’ and inserting ‘‘0.5’’. 
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))— 
(1) in paragraph (1)(F)— 
(A) by striking ‘‘400’’ and inserting ‘‘20’’; 
and 
(B) by striking ‘‘100’’ and inserting ‘‘5’’; 
and 
(2) in paragraph (2)(F)— 
(A) by striking ‘‘40’’ and inserting ‘‘2’’; 
and 
(B) by striking ‘‘10’’ and inserting ‘‘0.5’’. 
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SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION. 
(a) DEFINITION.—In this section, the term the 
‘‘Commission’’ means the United States Sentencing Com-
mission. 
(b) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING 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 Com-
mission shall review and amend, if appropriate, the guide-
lines 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 state-
ments, 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 
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(2) pursuant to the emergency authority pro-
vided 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 ap-
plicable 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 mag-
netic resonance spectrometer, Raman spectrophoto-
meter, or other scientific instrumentation able to col-
lect 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 regulation); and 
(3) the term ‘‘Postmaster General’’ means the 
Postmaster General of the United States Postal 
Service. 
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(b) INTERDICTION
OF FENTANYL, OTHER SYN-
THETIC
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 de-
vices available to the United States Postal Serv-
ice 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 inter-
pret data collected by chemical screening devices. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Postmaster General 
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$9,000,000 to ensure that the United States Postal Serv-
ice has resources, including chemical screening devices, 
personnel, and scientists, available during all operational 
hours to prevent, detect, and interdict the unlawful impor-
tation of fentanyl, other synthetic opioids, and other nar-
cotics and psychoactive substances. 
Æ 
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