[116th Congress Public Law 114]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 103]]
Public Law 116-114
116th Congress
An Act
To extend the temporary scheduling order for fentanyl-related
substances, and for other purposes. <<NOTE: Feb. 6, 2020 - [S. 3201]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act. Drugs and drug abuse.>>
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. <<NOTE: Review.>> --The Comptroller General, in
conducting the study and developing the report required under subsection
(b), shall--
(1) <<NOTE: Evaluation.>> evaluate class control of
fentanyl-related substances, including--
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(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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.
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