I
118THCONGRESS
1
STSESSION 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
JULY18, 2023
Mr. D’E
SPOSITO(for himself, Mr. WEBERof Texas, and Mr. GIMENEZ) intro-
duced 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 com-
mittee 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Protecting Americans 4
from Fentanyl Trafficking Act of 2023’’. 5
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•HR 4701 IH
SEC. 2. PLACEMENT OF FENTANYL-RELATED SUBSTANCES 1
IN SCHEDULE I. 2
Schedule I of section 202(c) of the Controlled Sub-3
stances Act (21 U.S.C. 812(c)) is amended by adding at 4
the end the following: 5
‘‘(e)(1) Fentanyl-related substances, including their 6
isomers, esters, ethers, salts, and salts of isomers, esters, 7
and ethers. 8
‘‘(2) For purposes of paragraph (1), the term 9
‘fentanyl-related substance’ means any substance that— 10
‘‘(A) is not listed in another schedule; 11
‘‘(B) has not been approved under section 505 12
of the Federal Food, Drug, and Cosmetic Act (21 13
U.S.C. 355) or granted an exemption for investiga-14
tional use under subsection (i) of such section 505; 15
and 16
‘‘(C) is structurally related to fentanyl by— 17
‘‘(i) replacement of the phenyl portion of 18
the phenethyl group by any monocycle, whether 19
or not further substituted in or on the mono-20
cycle; 21
‘‘(ii) substitution in or on the phenethyl 22
group with alkyl, alkenyl, alkoxyl, hydroxyl, 23
halo, haloalkyl, amino, or nitro groups; 24
‘‘(iii) substitution in or on the piperidine 25
ring with alkyl, alkenyl, alkoxyl, ester, ether, 26
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•HR 4701 IH
hydroxyl, halo, haloalkyl, amino, or nitro 1
groups; 2
‘‘(iv) replacement of the aniline ring with 3
any aromatic monocycle, whether or not further 4
substituted in or on the aromatic monocycle; or 5
‘‘(v) replacement of the N-propionyl group 6
by another acyl group.’’. 7
Æ
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