[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3201 Enrolled Bill (ENR)]
S.3201
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To extend the temporary scheduling order for fentanyl-related
substances, and for other purposes.
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 ``Temporary Reauthorization and Study
of the Emergency Scheduling of Fentanyl Analogues Act''.
SEC. 2. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES.
Notwithstanding any other provision of law, section 1308.11(h)(30)
of title 21, Code of Federal Regulations, shall remain in effect until
May 6, 2021.
SEC. 3. STUDY AND REPORT ON IMPACTS OF CLASSWIDE SCHEDULING.
(a) Definition.--In this section, the term ``fentanyl-related
substance'' has the meaning given the term in section 1308.11(h)(30)(i)
of title 21, Code of Federal Regulations.
(b) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study of the classification of fentanyl-related
substances as schedule I controlled substances under the Controlled
Substances Act (21 U.S.C. 801 et seq.), research on fentanyl-
related substances, and the importation of fentanyl-related
substances into the United States; and
(2) not later than 1 year after the date of enactment of this
Act, submit a report on the results of the study conducted under
paragraph (1) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Caucus on International Narcotics Control of the
Senate;
(D) the Committee on the Judiciary of the House of
Representatives; and
(E) the Committee on Energy and Commerce of the House of
Representatives.
(c) Requirements.--The Comptroller General, in conducting the study
and developing the report required under subsection (b), shall--
(1) evaluate class control of fentanyl-related substances,
including--
(A) the definition of the class of fentanyl-related
substances in section 1308.11(h)(30)(i) of title 21, Code of
Federal Regulations, including the process by which the
definition was formulated;
(B) the potential for classifying fentanyl-related
substances with no, or low, abuse potential, or potential
accepted medical use, as schedule I controlled substances when
scheduled as a class; and
(C) any known classification of fentanyl-related substances
with no, or low, abuse potential, or potential accepted medical
use, as schedule I controlled substances that has resulted from
the scheduling action of the Drug Enforcement Administration
that added paragraph (h)(30) to section 1308.11 of title 21,
Code of Federal Regulations;
(2) review the impact or potential impact of controls on
fentanyl-related substances on public health and safety, including
on--
(A) diversion risks, overdose deaths, and law enforcement
encounters with fentanyl-related substances; and
(B) Federal law enforcement investigations and prosecutions
of offenses relating to fentanyl-related substances;
(3) review the impact of international regulatory controls on
fentanyl-related substances on the supply of such substances to the
United States, including by the Government of the People's Republic
of China;
(4) review the impact or potential impact of screening and
other interdiction efforts at points of entry into the United
States on the importation of fentanyl-related substances into the
United States;
(5) recommend best practices for accurate, swift, and permanent
control of fentanyl-related substances, including--
(A) how to quickly remove from the schedules under the
Controlled Substances Act substances that are determined, upon
discovery, to have no abuse potential; and
(B) how to reschedule substances that are determined, upon
discovery, to have a low abuse potential or potential accepted
medical use;
(6) review the impact or potential impact of fentanyl-related
controls by class on scientific and biomedical research; and
(7) evaluate the processes used to obtain or modify Federal
authorization to conduct research with fentanyl-related substances,
including by--
(A) identifying opportunities to reduce unnecessary burdens
on persons seeking to research fentanyl-related substances;
(B) identifying opportunities to reduce any redundancies in
the responsibilities of Federal agencies;
(C) identifying opportunities to reduce any inefficiencies
related to the processes used to obtain or modify Federal
authorization to conduct research with fentanyl-related
substances;
(D) identifying opportunities to improve the protocol
review and approval process conducted by Federal agencies; and
(E) evaluating the degree, if any, to which establishing
processes to obtain or modify a Federal authorization to
conduct research with a fentanyl-related substance that are
separate from the applicable processes for other schedule I
controlled substances could exacerbate burdens or lead to
confusion among persons seeking to research fentanyl-related
substances or other schedule I controlled substances.
(d) Input From Certain Federal Agencies.--In conducting the study
and developing the report under subsection (b), the Comptroller General
shall consider the views of the Department of Health and Human Services
and the Department of Justice.
(e) Information From Federal Agencies.--Each Federal department or
agency shall, in accordance with applicable procedures for the
appropriate handling of classified information, promptly provide
reasonable access to documents, statistical data, and any other
information that the Comptroller General determines is necessary to
conduct the study and develop the report required under subsection (b).
(f) Input From Certain Non-Federal Entities.--In conducting the
study and developing the report under subsection (b), the Comptroller
General shall consider the views of experts from certain non-Federal
entities, including experts from--
(1) the scientific and medical research community;
(2) the State and local law enforcement community; and
(3) the civil rights and criminal justice reform communities.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.