[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.

                          ____________________