[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4701 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4701

     To codify the temporary scheduling order for fentanyl-related 
 substances by adding fentanyl-related substances to schedule I of the 
                       Controlled Substances Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2023

   Mr. D'Esposito (for himself, Mr. Weber of Texas, and Mr. Gimenez) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the Judiciary, 
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 codify the temporary scheduling order for fentanyl-related 
 substances by adding fentanyl-related substances to schedule I of the 
                       Controlled Substances Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Americans from Fentanyl 
Trafficking Act of 2023''.

SEC. 2. PLACEMENT OF FENTANYL-RELATED SUBSTANCES IN SCHEDULE I.

    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) Fentanyl-related substances, including their isomers, 
esters, ethers, salts, and salts of isomers, esters, and ethers.
    ``(2) For purposes of paragraph (1), the term `fentanyl-related 
substance' means any substance that--
            ``(A) is not listed in another schedule;
            ``(B) has not been approved under section 505 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or granted 
        an exemption for investigational use under subsection (i) of 
        such section 505; and
            ``(C) is structurally related to fentanyl by--
                    ``(i) replacement of the phenyl portion of the 
                phenethyl group by any monocycle, whether or not 
                further substituted in or on the monocycle;
                    ``(ii) substitution in or on the phenethyl group 
                with alkyl, alkenyl, alkoxyl, hydroxyl, halo, 
                haloalkyl, amino, or nitro groups;
                    ``(iii) substitution in or on the piperidine ring 
                with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, 
                halo, haloalkyl, amino, or nitro groups;
                    ``(iv) replacement of the aniline ring with any 
                aromatic monocycle, whether or not further substituted 
                in or on the aromatic monocycle; or
                    ``(v) replacement of the N-propionyl group by 
                another acyl group.''.
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