HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT

HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT

Congressional Record, Volume 171 Issue 25 (Thursday, February 6, 2025) [Congressional Record Volume 171, Number 25 (Thursday, February 6, 2025)] [House] [Pages H520-H533] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT Mr. GUTHRIE. Mr. Speaker, pursuant to House Resolution 93, I call up the bill (H.R. 27) to amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursuant to House Resolution 93, the amendment printed in part A of House Report 119-2 shall be considered as adopted. The bill, as amended, is considered read. The text of the bill, as amended, is as follows: H.R. 27 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 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) 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 ``(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). ``(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; 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) 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 transaction, or project; or ``(bb) in the case of an application under section 505(i) of the Federal Food, Drug, and Cosmetic Act, 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) 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) 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 [[Page H521]] 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 this Act, the Inspector General of the Department of Justice shall complete a study, and submit 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) 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) 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 3

Referenced legislation: HR27, HR27, HRES93, S331