[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3201 Referred in House (RFH)]
<DOC>
116th CONGRESS
2d Session
S. 3201
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2020
Referred to the Committee on Energy and Commerce, and in addition to
the Committees on the Judiciary, and Ways and Means, 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
_______________________________________________________________________
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.
Passed the Senate January 16, 2020.
Attest:
JULIE E. ADAMS,
Secretary.