[Congressional Record Volume 166, Number 10 (Thursday, January 16, 2020)]
[Senate]
[Pages S261-S262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEMPORARY REAUTHORIZATION AND STUDY OF THE EMERGENCY SCHEDULING OF
FENTANYL ANALOGUES ACT
Mr. MORAN. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3201, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 3201) to extend the temporary scheduling order
for fentanyl-related substances, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. MORAN. I ask unanimous consent that the bill be considered read a
third time and passed and that the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3201) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 3201
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;
[[Page S262]]
(2) the State and local law enforcement community; and
(3) the civil rights and criminal justice reform
communities.
The PRESIDING OFFICER. The Senator from Kansas.
____________________