US Codex
Bill
Notes

S. 331 — what changed

Halt All Lethal Trafficking of Fentanyl Act

From Reported in Senate to Engrossed in Senate. 4 sections amended between Reported in Senate and Engrossed in Senate.

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.

changed “(E) By replacement of the N–propionyl 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. 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.
(b)
Procedure for final rule—
(1)
changed 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)
changed Definition of fentanyl-Related 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)
changed In general— Irrespective of the date on which the rules required by section 4 5 are finalized, the amendments made by this Act apply beginning as of the date of enactment of this Act.
(b)
changed 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. 841(b)(1), 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).