S.Amdt. 2329

SA 2329. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle I--Fairness in Fentanyl Sentencing Act

SEC. 1096. SHORT TITLE.

This subtitle may be cited as the ``Fairness in Fentanyl
Sentencing Act of 2024''.

SEC. 1097. CONTROLLED SUBSTANCES ACT AMENDMENTS.

Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(vi)--
(A) by striking ``400'' and inserting ``20'';
(B) by striking ``100'' and inserting ``5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''; and
(2) in subparagraph (B)(vi)--
(A) by striking ``40'' and inserting ``2'';
(B) by striking ``10'' and inserting ``0.5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''.

SEC. 1098. 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--
(1) in paragraph (1)(F)--
(A) by striking ``400'' and inserting ``20'';
(B) by striking ``100'' and inserting ``5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''; and
(2) in paragraph (2)(F)--
(A) by striking ``40'' and inserting ``2'';
(B) by striking ``10'' and inserting ``0.5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''.

SEC. 1099. DIRECTIVE TO THE SENTENCING COMMISSION.

(a) Definition.--In this section, the term ``Commission''
means the United States Sentencing Commission.
(b) Directive to the United States Sentencing 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 Commission shall review and amend, if
appropriate, the guidelines and policy statements of the

[[Page S4667]]

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 1097 and 1098 of this subtitle.
(c) Emergency Authority.--The Commission shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this subtitle 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
(2) pursuant to the emergency authority provided 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
applicable law.

SEC. 1099A. 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 magnetic
resonance spectrometer, Raman spectrophotometer, or other
scientific instrumentation able to collect 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 thereto; and
(3) the term ``Postmaster General'' means the Postmaster
General of the United States Postal Service.
(b) Interdiction of Fentanyl, Other Synthetic 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 devices available to
the United States Postal Service 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
interpret data collected by chemical screening devices.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Postmaster General $9,000,000 to
ensure that the United States Postal Service has resources,
including chemical screening devices, personnel, and
scientists, available during all operational hours to
prevent, detect, and interdict the unlawful importation of
fentanyl, other synthetic opioids, and other narcotics and
psychoactive substances.
______