    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-114
    116th Congress

    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--

    [[Page 104]]

    (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

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    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.

    Approved February 6, 2020.

    LEGISLATIVE HISTORY--S. 3201:
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    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Jan. 16, considered and passed Senate.
    Jan. 29, considered and passed House.