--- Engrossed (Senate)
+++ Enrolled
@@ -1,29 +1,30 @@
[From the U.S. Government Publishing Office]
-[S. 331 Engrossed in Senate (ES)]
-
-<DOC>
-
-119th CONGRESS
-1st Session
-S. 331
-
-_______________________________________________________________________
-
-AN ACT
-
-To amend the Controlled Substances Act with respect to the scheduling
-of fentanyl-related substances, and for other purposes.
+[S. 331 Enrolled Bill (ENR)]
+
+S.331
+
+One Hundred Nineteenth Congress
+
+of the
+
+United States of America
+
+AT THE FIRST SESSION
+
+Begun and held at the City of Washington on Friday,
+the third day of January, two thousand and twenty five
+
+An Act
+
+To amend the Controlled Substances Act with respect to the scheduling of
+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 ``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
@@ -37,27 +38,27 @@
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.
+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.
+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
-``(B) is otherwise expressly listed in a schedule other
-than this schedule.
+``(B) is otherwise expressly listed in a schedule other than
+this schedule.
``(4)(A) 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).
@@ -65,9 +66,7 @@
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--
@@ -78,169 +77,144 @@
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.
+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
+``(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.
+``(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) Expedited procedures.--
-``(A) Researcher with a current schedule i or ii
-research registration.--
-``(i) 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, or intramural
-research project, by
-identifying the sponsoring
-agency and supplying the number
-of the grant, contract,
-cooperative agreement, other
+``(A) Researcher with a current schedule i or ii research
+registration.--
+``(i) 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, 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
+``(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).
+
+``(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) not later than 45 days of
-receiving such a notice that contains
-all information required under
+``(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) 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).
+
+``(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.
+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) a supplemental notification that the
-practitioner may send if the practitioner needs
-additional amounts for the research, which supplemental
-notification shall include--
+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) 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
-``(iii) 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) 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.''.
+``(ii) the additional quantity needed of the substance;
+and
+``(iii) 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) 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;
+(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) 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
+``(i) 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
-``(D) 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)''.
+``(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) 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:
@@ -252,8 +226,8 @@
``(I) within the same city or county; and
``(II) under the control of the same institution,
organization, or agency; and
-``(ii) before commencing the research, the researcher
-notifies the Attorney General of each site where--
+``(ii) 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.
@@ -268,16 +242,14 @@
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) the maintenance of records for the research sites;
-and
-``(iv) any other matters necessary to ensure effective
-controls against diversion at the research sites.''.
+``(ii) the storage and security of controlled substances at the
+research sites;
+``(iii) 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
+(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
@@ -298,30 +270,29 @@
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) not later than 90 days after the scheduling of the
-newly scheduled substance, the person shall submit a completed
+``(1) 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--
-``(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) 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) 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.''.
+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--
+``(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) 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) 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
@@ -334,40 +305,37 @@
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) a notification to the Attorney
-General that includes--
-``(I) the name of the registrant;
-and
-``(II) 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.
+``(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) a notification to the Attorney General that
+includes--
+
+``(I) the name of the registrant; and
+``(II) 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--
+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)).
+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)).
``(3) Exception regarding marihuana.--The authority under
paragraph (1) to manufacture substances does not include the
authority to grow marihuana.''.
@@ -378,98 +346,81 @@
``(1) 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) the process and criteria that shall be
-applied to applications to conduct research with those
-substances; and
+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) 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.
+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.''.
-
+determination described in that paragraph, regardless of whether a
+practitioner has submitted such an application at that time.''.
SEC. 4. 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) is amended, in the matter being inserted into
-section 302(e) of the Controlled Substances Act, by striking
-``303(g)'' and inserting ``303(h)'';
+(1) section 1252(a) of division FF of Public Law 117-328 (136
+Stat. 5681) 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) 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
+(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) 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) in the matter being stricken by
-paragraph (2)(A), by striking ``303(g)(2)'' and
-inserting ``303(h)(2)'';
-(iv) in the matter being stricken by
-paragraph (3), by striking ``303(g)(2)(B)'' and
-inserting ``303(h)(2)(B)'';
-(v) in the matter being stricken by
-paragraph (5), by striking ``303(g)'' and
-inserting ``303(h)''; and
-(vi) 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))''.
-
+(i) 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) in the matter being stricken by paragraph (2)(A),
+by striking ``303(g)(2)'' and inserting ``303(h)(2)'';
+(iv) in the matter being stricken by paragraph (3), by
+striking ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)'';
+(v) in the matter being stricken by paragraph (5), by
+striking ``303(g)'' and inserting ``303(h)''; and
+(vi) 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. RULEMAKING.
-
(a) Interim Final Rules.--The Attorney General--
-(1) 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.
+(1) 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.
-
+(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-
@@ -480,20 +431,18 @@
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''.
+(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:
``(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) 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.
@@ -509,20 +458,7 @@
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).
-Passed the Senate March 14, 2025.
-
-Attest:
-
-Secretary.
-119th CONGRESS
-
-1st Session
-
-S. 331
-
-_______________________________________________________________________
-
-AN ACT
-
-To amend the Controlled Substances Act with respect to the scheduling
-of fentanyl-related substances, and for other purposes.
+Speaker of the House of Representatives.
+
+Vice President of the United States and
+President of the Senate.