[119th Congress Public Law 26]
[From the U.S. Government Publishing Office]



[[Page 409]]

               HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT

[[Page 139 STAT. 410]]

Public Law 119-26
119th Congress

                                 An Act


 
To amend the Controlled Substances Act with respect to the scheduling of 
 fentanyl-related substances, and for other purposes. <<NOTE: July 16, 
                           2025 -  [S. 331]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Halt All Lethal 
Trafficking of Fentanyl Act.>> 
SECTION 1. <<NOTE: 21 USC 801 note.>>  SHORT TITLE.

    This Act may be cited as the ``Halt All Lethal Trafficking of 
Fentanyl Act'' or the ``HALT Fentanyl Act''.
SEC. 2. CLASS SCHEDULING OF FENTANYL-RELATED SUBSTANCES.

    Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) 
is amended by adding at the end of schedule I the following:
    ``(e)(1) Unless specifically exempted or unless listed in another 
schedule, any material, compound, mixture, or preparation which contains 
any quantity of a fentanyl-related substance, or which contains the 
salts, isomers, and salts of isomers of a fentanyl-related substance 
whenever the existence of such salts, isomers, and salts of isomers is 
possible within the specific chemical designation.
    ``(2) <<NOTE: Definition.>>  For purposes of paragraph (1), except 
as provided in paragraph (3), the term `fentanyl-related substance' 
means any substance that is structurally related to fentanyl by 1 or 
more of the following modifications:
            ``(A) By replacement of the phenyl portion of the phenethyl 
        group by any monocycle, whether or not further substituted in or 
        on the monocycle.
            ``(B) By substitution in or on the phenethyl group with 
        alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or 
        nitro groups.
            ``(C) By substitution in or on the piperidine ring with 
        alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, 
        haloalkyl, amino, or nitro groups.
            ``(D) By replacement of the aniline ring with any aromatic 
        monocycle whether or not further substituted in or on the 
        aromatic monocycle.
            ``(E) By replacement of the N-propionyl group with another 
        acyl group.

    ``(3) A substance that satisfies the definition of the term 
`fentanyl-related substance' in paragraph (2) shall nonetheless not be 
treated as a fentanyl-related substance subject to this schedule if the 
substance--
            ``(A) is controlled by action of the Attorney General under 
        section 201; or

[[Page 139 STAT. 411]]

            ``(B) is otherwise expressly listed in a schedule other than 
        this schedule.

    ``(4)(A) <<NOTE: Federal Register, publication. List.>>  The 
Attorney General may by order publish in the Federal Register a list of 
substances that satisfy the definition of the term `fentanyl-related 
substance' in paragraph (2).

    ``(B) The absence of a substance from a list published under 
subparagraph (A) does not negate the control status of the substance 
under this schedule if the substance satisfies the definition of the 
term `fentanyl-related substance' in paragraph (2).''.
SEC. 3. REGISTRATION REQUIREMENTS RELATED TO RESEARCH.

    (a) Alternative Registration Process for Schedule I Research.--
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is 
amended--
            (1) by redesignating the second subsection (l) (relating to 
        required training for prescribers) as subsection (m); and
            (2) by adding at the end the following:

    ``(n) Special Provisions for Practitioners Conducting Certain 
Research With Schedule I Controlled Substances.--
            ``(1) In general.--Notwithstanding subsection (g), a 
        practitioner may conduct research described in paragraph (2) of 
        this subsection with 1 or more schedule I substances in 
        accordance with subparagraph (A) or (B) of paragraph (3) of this 
        subsection.
            ``(2) Research subject to expedited procedures.--Research 
        described in this paragraph is research that--
                    ``(A) is with respect to a drug that is the subject 
                of an investigational use exemption under section 505(i) 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                355(i)); or
                    ``(B) is--
                          ``(i) conducted by the Department of Health 
                      and Human Services, the Department of Defense, or 
                      the Department of Veterans Affairs; or
                          ``(ii) funded partly or entirely by a grant, 
                      contract, cooperative agreement, or other 
                      transaction from the Department of Health and 
                      Human Services, the Department of Defense, or the 
                      Department of Veterans Affairs.
            ``(3) <<NOTE: Notices.>>  Expedited procedures.--
                    ``(A) Researcher with a current schedule i or ii 
                research registration.--
                          ``(i) <<NOTE: Time period.>>  In general.--If 
                      a practitioner is registered to conduct research 
                      with a controlled substance in schedule I or II, 
                      the practitioner may conduct research under this 
                      subsection on and after the date that is 30 days 
                      after the date on which the practitioner sends a 
                      notice to the Attorney General containing the 
                      following information, with respect to each 
                      substance with which the practitioner will conduct 
                      the research:
                                    ``(I) The chemical name of the 
                                substance.
                                    ``(II) The quantity of the substance 
                                to be used in the research.
                                    ``(III) Demonstration that the 
                                research is in the category described in 
                                paragraph (2), which demonstration may 
                                be satisfied--
                                            ``(aa) in the case of a 
                                        grant, contract, cooperative 
                                        agreement, or other transaction,

[[Page 139 STAT. 412]]

                                        or intramural research project, 
                                        by identifying the sponsoring 
                                        agency and supplying the number 
                                        of the grant, contract, 
                                        cooperative agreement, other 
                                        transaction, or project; or
                                            ``(bb) in the case of an 
                                        application under section 505(i) 
                                        of the Federal Food, Drug, and 
                                        Cosmetic Act (21 U.S.C. 355(i)), 
                                        by supplying the application 
                                        number and the sponsor of record 
                                        on the application.
                                    ``(IV) Demonstration that the 
                                researcher is authorized to conduct 
                                research with respect to the substance 
                                under the laws of the State in which the 
                                research will take place.
                          ``(ii) Verification of information by hhs or 
                      va.--Upon request from the Attorney General, the 
                      Secretary of Health and Human Services, the 
                      Department of Defense, or the Secretary of 
                      Veterans Affairs, as appropriate, shall verify 
                      information submitted by an applicant under clause 
                      (i)(III).
                    ``(B) Researcher without a current schedule i or ii 
                research registration.--
                          ``(i) In general.--If a practitioner is not 
                      registered to conduct research with a controlled 
                      substance in schedule I or II, the practitioner 
                      may send a notice to the Attorney General 
                      containing the information listed in subparagraph 
                      (A)(i), with respect to each substance with which 
                      the practitioner will conduct the research.
                          ``(ii) Attorney general action.--The Attorney 
                      General shall--
                                    ``(I) treat notice received under 
                                clause (i) as a sufficient application 
                                for a research registration; and
                                    ``(II) <<NOTE: Deadline.>>  not 
                                later than 45 days of receiving such a 
                                notice that contains all information 
                                required under subparagraph (A)(i)--
                                            ``(aa) register the 
                                        applicant; or
                                            ``(bb) serve an order to 
                                        show cause upon the applicant in 
                                        accordance with section 304(c).
            ``(4) Electronic submissions.--The Attorney General shall 
        provide a means to permit a practitioner to submit a 
        notification under paragraph (3) electronically.
            ``(5) Limitation on amounts.--A practitioner conducting 
        research with a schedule I substance under this subsection may 
        only possess the amounts of schedule I substance identified in--
                    ``(A) the notification to the Attorney General under 
                paragraph (3); or
                    ``(B) <<NOTE: Notification.>>  a supplemental 
                notification that the practitioner may send if the 
                practitioner needs additional amounts for the research, 
                which supplemental notification shall include--
                          ``(i) the name of the practitioner;
                          ``(ii) the additional quantity needed of the 
                      substance; and

[[Page 139 STAT. 413]]

                          ``(iii) <<NOTE: Attestation.>>  an attestation 
                      that the research to be conducted with the 
                      substance is consistent with the scope of the 
                      research that was the subject of the notification 
                      under paragraph (3).
            ``(6) Importation and exportation requirements not 
        affected.--Nothing in this subsection alters the requirements of 
        part A of title III, regarding the importation and exportation 
        of controlled substances.
            ``(7) <<NOTE: Study.>>  Inspector general report.--Not later 
        than 1 year after the date of enactment of the Halt All Lethal 
        Trafficking of Fentanyl Act, the Inspector General of the 
        Department of Justice shall complete a study, and submit to 
        Congress a report thereon, about research described in paragraph 
        (2) of this subsection with fentanyl.''.

    (b) Separate Registrations Not Required for Additional Researcher in 
Same Institution.--
            (1) In general.--Section 302(c) of the Controlled Substances 
        Act (21 U.S.C. 822(c)) is amended by adding at the end the 
        following:
            ``(4) An agent or employee of a research institution that is 
        conducting research with a controlled substance if--
                    ``(A) the agent or employee is acting within the 
                scope of the professional practice of the agent or 
                employee;
                    ``(B) another agent or employee of the institution 
                is registered to conduct research with a controlled 
                substance in the same schedule;
                    ``(C) the researcher who is so registered--
                          ``(i) <<NOTE: Notification.>>  informs the 
                      Attorney General of the name, position title, and 
                      employing institution of the agent or employee who 
                      is not separately registered;
                          ``(ii) authorizes that agent or employee to 
                      perform research under the registration of the 
                      registered researcher; and
                          ``(iii) affirms that any act taken by that 
                      agent or employee involving a controlled substance 
                      shall be attributable to the registered 
                      researcher, as if the researcher had directly 
                      committed the act, for purposes of any proceeding 
                      under section 304(a) to suspend or revoke the 
                      registration of the registered researcher; and
                    ``(D) <<NOTE: Deadline.>>  the Attorney General does 
                not, within 30 days of receiving the information, 
                authorization, and affirmation described in subparagraph 
                (C), refuse, for a reason listed in section 304(a), to 
                allow the agent or employee to possess the substance 
                without a separate registration.''.
            (2) Technical correction.--Section 302(c)(3) of the 
        Controlled Substances Act (21 U.S.C. 822(c)(3)) is amended by 
        striking ``(25)'' and inserting ``(27)''.

    (c) Single Registration for Related Research Sites.--Section 302(e) 
of the Controlled Substances Act (21 U.S.C. 822(e)) is amended by adding 
at the end the following:
    ``(4)(A) Notwithstanding paragraph (1), a person registered to 
conduct research with a controlled substance under section 303(g) may 
conduct the research under a single registration if--
            ``(i) the research occurs exclusively on sites all of which 
        are--
                    ``(I) within the same city or county; and

[[Page 139 STAT. 414]]

                    ``(II) under the control of the same institution, 
                organization, or agency; and
            ``(ii) <<NOTE: Notification.>>  before commencing the 
        research, the researcher notifies the Attorney General of each 
        site where--
                    ``(I) the research will be conducted; or
                    ``(II) the controlled substance will be stored or 
                administered.

    ``(B) A site described in subparagraph (A) shall be included in a 
registration described in that subparagraph only if the researcher has 
notified the Attorney General of the site--
            ``(i) in the application for the registration; or
            ``(ii) before the research is conducted, or before the 
        controlled substance is stored or administered, at the site.

    ``(C) <<NOTE: Regulations.>>  The Attorney General may, in 
consultation with the Secretary, issue regulations addressing, with 
respect to research sites described in subparagraph (A)--
            ``(i) the manner in which controlled substances may be 
        delivered to the research sites;
            ``(ii) the storage and security of controlled substances at 
        the research sites;
            ``(iii) <<NOTE: Records.>>  the maintenance of records for 
        the research sites; and
            ``(iv) any other matters necessary to ensure effective 
        controls against diversion at the research sites.''.

    (d) New Inspection Not Required in Certain Situations.--Section 
302(f) of the Controlled Substances Act (21 U.S.C. 822(f)) is amended--
            (1) by striking ``(f) The'' and inserting ``(f)(1) The''; 
        and
            (2) by adding at the end the following:

    ``(2)(A) If a person is registered to conduct research with a 
controlled substance and applies for a registration, or for a 
modification of a registration, to conduct research with a second 
controlled substance that is in the same schedule as the first 
controlled substance, or is in a schedule with a higher numerical 
designation than the schedule of the first controlled substance, a new 
inspection by the Attorney General of the registered location is not 
required.
    ``(B) Nothing in subparagraph (A) shall prohibit the Attorney 
General from conducting an inspection that the Attorney General 
determines necessary to ensure that a registrant maintains effective 
controls against diversion.''.
    (e) Continuation of Research on Substances Newly Added to Schedule 
I.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is 
amended by adding at the end the following:
    ``(h) Continuation of Research on Substances Newly Added to Schedule 
I.--If a person is conducting research on a substance when the substance 
is added to schedule I, and the person is already registered to conduct 
research with a controlled substance in schedule I--
            ``(1) <<NOTE: Deadline.>>  not later than 90 days after the 
        scheduling of the newly scheduled substance, the person shall 
        submit a completed application for registration or modification 
        of existing registration, to conduct research on the substance, 
        in accordance with regulations issued by the Attorney General 
        for purposes of this paragraph;
            ``(2) the person may, notwithstanding subsections (a) and 
        (b), continue to conduct the research on the substance until--

[[Page 139 STAT. 415]]

                    ``(A) the person withdraws the application described 
                in paragraph (1) of this subsection; or
                    ``(B) the Attorney General serves on the person an 
                order to show cause proposing the denial of the 
                application under section 304(c);
            ``(3) <<NOTE: Hearing. Deadline.>>  if the Attorney General 
        serves an order to show cause as described in paragraph (2)(B) 
        and the person requests a hearing, the hearing shall be held on 
        an expedited basis and not later than 45 days after the request 
        is made, except that the hearing may be held at a later time if 
        so requested by the person; and
            ``(4) <<NOTE: Records.>>  if the person sends a copy of the 
        application described in paragraph (1) to a manufacturer or 
        distributor of the substance, receipt of the copy by the 
        manufacturer or distributor shall constitute sufficient evidence 
        that the person is authorized to receive the substance.''.

    (f) Treatment of Certain Manufacturing Activities as Coincident to 
Research.--Section 302 of the Controlled Substances Act (21 U.S.C. 822), 
as amended by subsection (e), is amended by adding at the end the 
following:
    ``(i) Treatment of Certain Manufacturing Activities as Coincident to 
Research.--
            ``(1) In general.--Except as provided in paragraph (3), a 
        person who is registered to perform research on a controlled 
        substance may perform manufacturing activities with small 
        quantities of that substance, including activities described in 
        paragraph (2), without being required to obtain a manufacturing 
        registration, if--
                    ``(A) the activities are performed for the purpose 
                of the research; and
                    ``(B) the activities and the quantities of the 
                substance involved in the activities are stated in--
                          ``(i) a notification submitted to the Attorney 
                      General under section 303(n);
                          ``(ii) a research protocol filed with an 
                      application for registration approval under 
                      section 303(g); or
                          ``(iii) <<NOTE: Notification.>>  a 
                      notification to the Attorney General that 
                      includes--
                                    ``(I) the name of the registrant; 
                                and
                                    ``(II) <<NOTE: Attestation.>>  an 
                                attestation that the research to be 
                                conducted with the small quantities of 
                                manufactured substance is consistent 
                                with the scope of the research that is 
                                the basis for the registration.
            ``(2) Activities included.--Activities permitted under 
        paragraph (1) include--
                    ``(A) processing the substance to create extracts, 
                tinctures, oils, solutions, derivatives, or other forms 
                of the substance consistent with--
                          ``(i) the information provided as part of a 
                      notification submitted to the Attorney General 
                      under section 303(n); or
                          ``(ii) a research protocol filed with an 
                      application for registration approval under 
                      section 303(g); and
                    ``(B) dosage form development studies performed for 
                the purpose of requesting an investigational new drug 
                exemption under section 505(i) of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 355(i)).

[[Page 139 STAT. 416]]

            ``(3) Exception regarding marihuana.--The authority under 
        paragraph (1) to manufacture substances does not include the 
        authority to grow marihuana.''.

    (g) Transparency Regarding Special Procedures.--Section 303 of the 
Controlled Substances Act (21 U.S.C. 823), as amended by subsection (a), 
is amended by adding at the end the following:
    ``(o) Transparency Regarding Special Procedures.--
            ``(1) <<NOTE: Determination. Public information. Web 
        posting.>>  In general.--If the Attorney General determines, 
        with respect to a controlled substance, that an application by a 
        practitioner to conduct research with the substance should be 
        considered under a process, or subject to criteria, different 
        from the process or criteria applicable to applications to 
        conduct research with other controlled substances in the same 
        schedule, the Attorney General shall make public, including by 
        posting on the website of the Drug Enforcement Administration--
                    ``(A) the identities of all substances for which 
                such determinations have been made;
                    ``(B) <<NOTE: Process. Criteria. Applicability.>>  
                the process and criteria that shall be applied to 
                applications to conduct research with those substances; 
                and
                    ``(C) how the process and criteria described in 
                subparagraph (B) differ from the process and criteria 
                applicable to applications to conduct research with 
                other controlled substances in the same schedule.
            ``(2) Timing of posting.--The Attorney General shall make 
        information described in paragraph (1) public upon making a 
        determination described in that paragraph, regardless of whether 
        a practitioner has submitted such an application at that 
        time.''.
SEC. 4. <<NOTE: Effective date. 21 USC 822 note.>>  TECHNICAL 
                    CORRECTION ON CONTROLLED SUBSTANCES 
                    DISPENSING.

    Effective as if included in the enactment of Public Law 117-328--
            (1) section 1252(a) of division FF of Public Law 117-328 
        (136 Stat. 5681) <<NOTE: 21 USC 822.>>  is amended, in the 
        matter being inserted into section 302(e) of the Controlled 
        Substances Act, by striking ``303(g)'' and inserting ``303(h)'';
            (2) section 1262 of division FF of Public Law 117-328 (136 
        Stat. 5681) <<NOTE: 21 USC 823.>>  is amended--
                    (A) in subsection (a)--
                          (i) in the matter preceding paragraph (1), by 
                      striking ``303(g)'' and inserting ``303(h)'';
                          (ii) in the matter being stricken by 
                      subsection (a)(2), by striking ``(g)(1)'' and 
                      inserting ``(h)(1)''; and
                          (iii) in the matter being inserted by 
                      subsection (a)(2), by striking ``(g) 
                      Practitioners'' and inserting ``(h) 
                      Practitioners''; and
                    (B) in subsection (b)--
                          (i) <<NOTE: 21 USC 824.>>  in the matter being 
                      stricken by paragraph (1), by striking 
                      ``303(g)(1)'' and inserting ``303(h)(1)'';
                          (ii) in the matter being inserted by paragraph 
                      (1), by striking ``303(g)'' and inserting 
                      ``303(h)'';
                          (iii) <<NOTE: 21 USC 829a.>>  in the matter 
                      being stricken by paragraph (2)(A), by striking 
                      ``303(g)(2)'' and inserting ``303(h)(2)'';

[[Page 139 STAT. 417]]

                          (iv) in the matter being stricken by paragraph 
                      (3) <<NOTE: 42 USC 290bb-36d.>> , by striking 
                      ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)'';
                          (v) <<NOTE: 42 USC 1395l.>>  in the matter 
                      being stricken by paragraph (5), by striking 
                      ``303(g)'' and inserting ``303(h)''; and
                          (vi) <<NOTE: 42 USC 1395m.>>  in the matter 
                      being stricken by paragraph (6), by striking 
                      ``303(g)'' and inserting ``303(h)''; and
            (3) section 1263(b) of division FF of Public Law 117-328 
        (136 Stat. 5685) is amended--
                    (A) by striking ``303(g)(2)'' and inserting 
                ``303(h)(2)''; and
                    (B) by striking ``(21 U.S.C. 823(g)(2))'' and 
                inserting ``(21 U.S.C. 823(h)(2))''.
SEC. 5. <<NOTE: 21 USC 812 note.>>  RULEMAKING.

    (a) Interim Final Rules.--The Attorney General--
            (1) <<NOTE: Deadline.>>  shall, not later than 6 months 
        after the date of enactment of this Act, issue rules to 
        implement this Act and the amendments made by this Act; and
            (2) may issue the rules under paragraph (1) as interim final 
        rules.

    (b) Procedure for Final Rule.--
            (1) Effectiveness of interim final rules.--A rule issued by 
        the Attorney General as an interim final rule under subsection 
        (a) shall become immediately effective as an interim final rule 
        without requiring the Attorney General to demonstrate good cause 
        therefor, notwithstanding subparagraph (B) of the undesignated 
        matter following paragraph (4) of section 553(b) of title 5, 
        United States Code.
            (2) Opportunity for comment and hearing.--An interim final 
        rule issued under subsection (a) shall give interested persons 
        the opportunity to comment and to request a hearing.
            (3) Final rule.--After the conclusion of such proceedings, 
        the Attorney General shall issue a final rule to implement this 
        Act and the amendments made by this Act in accordance with 
        section 553 of title 5, United States Code.
SEC. 6. PENALTIES.

    (a) In General.--Section 401(b)(1) of the Controlled Substances Act 
(21 U.S.C. 841(b)(1)) is amended--
            (1) in subparagraph (A)(vi), by inserting ``or a fentanyl-
        related substance'' after ``any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide''; and
            (2) in subparagraph (B)(vi), by inserting ``or a fentanyl-
        related substance'' after ``any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide''.

    (b) Importation and Exportation.--Section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
            (1) in paragraph (1)(F), by inserting ``or a fentanyl-
        related substance'' after ``any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide''; and
            (2) in paragraph (2)(F), by inserting ``or a fentanyl-
        related substance'' after ``any analogue of N-phenyl-N-[1-(2-
        phenylethyl)-4-piperidinyl] propanamide''.

    (c) Definition of Fentanyl-related Substance.--Section 102 of the 
Controlled Substances Act (21 U.S.C. 802) is amended by adding at the 
end the following:

[[Page 139 STAT. 418]]

    ``(60) The term `fentanyl-related substance' has the meaning given 
the term in subsection (e)(2) of schedule I of section 202(c).''.
SEC. 7. APPLICABILITY; OTHER MATTERS.

    (a) <<NOTE: Effective date. 21 USC 812 note.>>  In General.--
Irrespective of the date on which the rules required by section 5 are 
finalized, the amendments made by this Act apply beginning as of the 
date of enactment of this Act.

    (b) <<NOTE: 21 USC 841 note.>>  Rule of Construction.--Nothing in 
the amendments made by this Act may be construed as evidence that, in 
applying sections 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) and 1010(b) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)) with respect to conduct occurring before the date 
of the enactment of this Act, a fentanyl-related substance (as defined 
by such amendments) is not an analogue of N-phenyl-N-[1-(2-phenylethyl)-
4-piperidinyl] propanamide.

    (c) Sense of Congress.--Congress agrees with the interpretation of 
the Controlled Substances Act (21 U.S.C. 801 et seq.) in United States 
v. McCray, 346 F. Supp. 3d 363 (W.D.N.Y. 2018).

    Approved July 16, 2025.

LEGISLATIVE HISTORY--S. 331:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 171 (2025):
            Mar. 10, 11, 13, 14, considered and passed Senate.
            June 11, 12, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2025):
            July 16, Presidential remarks.

                                  <all>