United States HR 9937: 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.

Bill Text

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119TH CONGRESS
2D SESSION H. R. 9937
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
JULY 23, 2026
Mr. STUTZMAN (for himself, Mr. FULLER, Mr. BACON, Mr. BRESNAHAN, Mr.
CALVERT, and Ms. DE LA CRUZ) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Energy and Commerce, and Oversight and Government Re-
form, 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 of-
fenses relating to fentanyl, and for other purposes.
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 ‘‘No Leniency for 4
Fentanyl Dealers Act’’. 5
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SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS. 1
Section 401(b)(1) of the Controlled Substances Act 2
(21 U.S.C. 841(b)(1)) is amended— 3
(1) in subparagraph (A)(vi)— 4
(A) by striking ‘‘400’’ and inserting ‘‘20’’; 5
(B) by striking ‘‘100’’ and inserting ‘‘5’’; 6
and 7
(C) by inserting ‘‘scheduled or unsched-8
uled’’ before ‘‘analogue of’’; and 9
(2) in subparagraph (B)(vi)— 10
(A) by striking ‘‘40’’ and inserting ‘‘2’’; 11
(B) by striking ‘‘10’’ and inserting ‘‘0.5’’; 12
and 13
(C) by inserting ‘‘scheduled or unsched-14
uled’’ before ‘‘analogue of’’. 15
SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT 16
ACT AMENDMENTS. 17
Section 1010(b) of the Controlled Substances Import 18
and Export Act (21 U.S.C. 960(b)) is amended— 19
(1) in paragraph (1)(F)— 20
(A) by striking ‘‘400’’ and inserting ‘‘20’’; 21
(B) by striking ‘‘100’’ and inserting ‘‘5’’; 22
and 23
(C) by inserting ‘‘scheduled or unsched-24
uled’’ before ‘‘analogue of’’; and 25
(2) in paragraph (2)(F)— 26
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(A) by striking ‘‘40’’ and inserting ‘‘2’’; 1
(B) by striking ‘‘10’’ and inserting ‘‘0.5’’; 2
and 3
(C) by inserting ‘‘scheduled or unsched-4
uled’’ before ‘‘analogue of’’. 5
SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION. 6
(a) DEFINITION.—In this section, the term ‘‘Commis-7
sion’’ means the United States Sentencing Commission. 8
(b) DIRECTIVE TO THE UNITED STATES SEN-9
TENCING COMMISSION.—Pursuant to the authority of the 10
Commission under section 994(p) of title 28, United 11
States Code, and in accordance with this section, the Com-12
mission shall review and amend, if appropriate, the guide-13
lines and policy statements of the Commission applicable 14
to a person convicted of an offense under section 401 of 15
the Controlled Substances Act (21 U.S.C. 841) or section 16
1010 of the Controlled Substances Import and Export Act 17
(21 U.S.C. 960) to ensure that the guidelines and policy 18
statements are consistent with the amendments made by 19
sections 2 and 3 of this Act. 20
(c) EMERGENCY AUTHORITY.—The Commission 21
shall— 22
(1) promulgate the guidelines, policy state-23
ments, or amendments provided for in this Act as 24
soon as practicable, and in any event not later than 25
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120 days after the date of enactment of this Act, in 1
accordance with the procedure set forth in section 2
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 3
note), as though the authority under that Act had 4
not expired; and 5
(2) pursuant to the emergency authority pro-6
vided under paragraph (1), make such conforming 7
amendments to the Federal sentencing guidelines as 8
the Commission determines necessary to achieve 9
consistency with other guideline provisions and ap-10
plicable law. 11
SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC 12
OPIOIDS, AND OTHER NARCOTICS AND 13
PSYCHOACTIVE SUBSTANCES. 14
(a) DEFINITIONS.—In this section— 15
(1) the term ‘‘chemical screening device’’ means 16
an immunoassay, narcotics field test kit, infrared 17
spectrophotometer, mass spectrometer, nuclear mag-18
netic resonance spectrometer, Raman spectrophoto-19
meter, or other scientific instrumentation able to col-20
lect data that can be interpreted to determine the 21
presence of fentanyl, other synthetic opioids, and 22
other narcotics and psychoactive substances; 23
(2) the term ‘‘express consignment operator or 24
carrier’’ has the meaning given the term in section 25
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