Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act
PL 116-114 (S.3201), enacted 02/06/2020

[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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