[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.