,,ii  #aagth ,,congress  #b;d ,session  
,s4 #eafg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #a1  
#bjbb ,mr4 ,booker introduced the       
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to extend the   
temporary order for fentanyl-related    
substances4  #a4 ,short title ,this ,act
 may be cited as the ,temporary         
,emergency ,scheduling and ,testing of  
,fentanyl ,analogues ,act of #bjbb or   
the ,,test ,act of #bjbb4  #b4          
,definitions ,in this ,act3  7#a7       
,evaluation ,the term evaluation means a
 scientific and medical evaluation1 as  
conducted by the ,secretary of ,health  
and ,human ,services at the request of  
the ,attorney ,general1 and the         
recommendations as to whether such drug 
or other substance should be so         
controlled or removed as a controlled   
substance from the schedules pursuant to
 section #bja7;b7 of the ,controlled    
,substances ,act 7#ba ,u4,s4,c4         

#haa7;b774  7#b7 ,fentanyl-related      
substance ,the term fentanyl-related    
substance has the meaning given the term
 in section #acjh4aa of title #ba1 ,code
 of ,federal ,regulations4  #c4         
,extension of temporary order for       
fentanyl-related substances ,section #b 
of the ,temporary ,reauthorization and  
,study of the ,emergency ,scheduling of 
,fentanyl ,analogues ,act 7,public ,law 
#aaf-aad2 #acd ,stat4 #ajc7 is amended  
by striking ,december #ca1 #bjbb and    
inserting #b years after the date of    
enactment of the ,temporary ,emergency  
,scheduling and ,testing of ,fentanyl   
,analogues ,act of #bjbb4  #d4          
,evaluation of encountered              
fentanyl-related substances  7a7        
,synthetic compound ,not later than #a  
year after the date of enactment of this
 ,act1 for each fentanyl-related        
substance that the ,attorney ,general   
has encountered before the date of      
enactment of this ,act1 but not yet     
conducted an evaluation1 the ,attorney  

,general shall create a synthetic       
compound of that substance and submit   
the compound to the ,secretary of       
,health and ,human ,services in order to
 solicit a scientific and medical       
evaluation of that compound from the    
,secretary4  7b7 ,deadline  7#a7 ,in    
general ,except as provided in paragraph
 7#b71 the ,secretary of ,health and    
,human ,services shall complete the     
requested scientific and medical        
evaluation under subsection 7a7 not     
later than #a year after receiving the  
solicitation from the ,attorney         
,general4  7#b7 ,extension ,if the      
,attorney ,general is unable to create a
 synthetic compound before the          
expiration of the #a-year period        
described in paragraph 7#a7--  7,a7 the 
,attorney ,general shall-- 7i7 notify   
the ,committee on the ,judiciary of the 
,senate and the ,committee on the       
,judiciary of the ,house of             
,representatives of the delay and       
publish the notification on a public    

website2 and  7ii7 complete the         
requirements under subsection 7a7 not   
later than #ahj days after the          
expiration of the #a-year period4  #e4  
,removal from schedule ,i of            
fentanyl-related substances ,section    
#bja of the ,controlled ,substances ,act
 7#ba ,u4,s4,c4 #haa7 is amended by     
adding at the end the following new     
subsection3  7k7 ,determination         
resulting in removal  7#a7 ,in general  
,if the ,secretary determines1 taking   
into consideration factors as set forth 
in paragraph 7#c71 that a               
fentanyl-related substance has a        
potential for abuse that is less than   
the drugs or other substances in        
schedule ,v-- 7,a7 the ,secretary shall 
submit to the ,attorney ,general a      
scientific and medical evaluation of    
that fentanyl-related substance         
supporting that determination2  7,b7 the
 ,secretary shall submit any such       
evaluation and determination in writing 
and include the bases therefor2  7,c7   

the scientific and medical determination
 of the ,secretary contained in such    
evaluation shall be binding on the      
,attorney ,general2 and  7,d7 not later 
than #ij days after receiving such      
evaluation and determination1 the       
,attorney ,general shall issue an order 
removing such fentanyl-related substance
 from the schedules under section #bjb4 
7#b7 ,determination resulting in        
rescheduling ,if the ,secretary         
determines1 taking into consideration   
factors as set forth in paragraph 7#c71 
that a fentanyl-related substance has a 
potential for abuse that is less than   
the drugs or other substances in        
schedules ,i and ,,ii--  7,a7 the       
,secretary shall submit to the ,attorney
 ,general a scientific and medical      
evaluation of that fentanyl-related     
substance supporting that determination2
  7,b7 the ,secretary shall submit any  
such evaluation and determination in    
writing and include the bases therefor2 
7,c7 the scientific and medical         

determination of the ,secretary         
contained in such evaluation shall be   
binding on the ,attorney ,general2 and  
7,d7 not later than #ij days after      
receiving such evaluation1 the ,attorney
 ,general shall issue an order removing 
such fentanyl-related substance from    
schedule ,i and controlling such        
substance under schedule ,,iii1 ,,iv or 
,v4  7#c7 ,evaluation factors  7,a7 ,in 
general ,in making a determination under
 paragraph 7#a7 or 7#b71 the            
,secretary-- 7i7 shall consider--  7,i7 
the factor listed in paragraph 7#b7 of  
subsection 7c72  7,,ii7 the factors     
listed in paragraphs 7#a71 7#c71 and    
7#f7 of such subsection to the extent   
evidence exists with respect to such    
factors2 and  7,,iii7 any information   
submitted to the ,secretary by the      
,attorney ,general for purposes of such 
determination2 and  7ii7 may consider   
the factors listed in paragraphs 7#d71  
7#e71 and 7#g7 of subsection 7c7 if the 
,secretary finds that evidence exists   

with respect to such factors4  7,b7     
,consideration of scientific evidence of
 pharmacological effect  7i7 ,in general
 ,for the purposes of subparagraph      
7,a77i77,i71 consideration by the       
,secretary of the results of an         
assessment consisting of the studies    
described in clause 7ii7 shall          
constitute consideration of the factor  
listed in paragraph 7#b7 of subsection  
7c7 if-- 7,i7 each such study is        
performed according to scientific       
methods and protocols commonly accepted 
in the scientific community2 and  7,,ii7
 the ,secretary determines that such    
assessment is adequate for such         
purposes4  7ii7 ,described studies ,the 
studies described in this clause are any
 of the following3  7,i7 ,a receptor    
binding study that can demonstrate      
whether the substance has affinity for  
the human mu opioid receptor4  7,,ii7   
,an in vitro functional assay that can  
demonstrate whether the substance has   
agonist activity at the human mu opioid 

receptor4  7,,iii7 ,one or more in vivo 
animal behavioral studies that can      
demonstrate whether the substance has   
abuse-related drug effects consistent   
with mu opioid agonist activity1 such as
 demonstrating similarity to the effects
 of morphine4  7l7 ,previously analyzed 
fentanyl-,related substances ,to the    
extent that the ,drug ,enforcement      
,administration or the ,department of   
,health and ,human ,services has        
conducted any evaluation or analysis    
7even if such analysis is not an        
evaluation under this section7 of any   
fentanyl-related substance before the   
date of the enactment of this           
subsection1 the ,attorney ,general shall
 publish the results and any other      
information related to the evaluation or
 analysis on a public website not later 
than #ij days after the date of         
enactment of this subsection4  7m7      
,fentanyl-,related substances research  
capacity ,the ,drug ,enforcement        
,administration and ,department of      

,health and ,human ,services shall hire1
 employ1 or retain the staff1           
researchers1 and other qualified        
individuals necessary to carry out the  
requirements of paragraphs 7#a7 and 7#b7
 of subsection 7k71 including1 if       
appropriate to fulfill those            
requirements1 establishing a consortium 
of chemists and researchers who may be  
readily hired1 employed1 or retrained   
without a request for proposals4  7n7   
,evaluations or studies ,the ,secretary 
may enter into contracts or other       
agreements to conduct or support        
evaluations or studies of               
fentanyl-related substances4  7o7       
,registration requirements for research 
applications ,registration requirements 
for the research of fentanyl-related    
substances shall be those applicable to 
schedule ,,ii substances pursuant to    
section #acja4ac of title #ba1 ,code of 
,federal ,regulations4  7p7 ,publication
 ,the ,secretary shall publish on a     
public website--  7#a7 each evaluation  

conducted pursuant to an ,attorney      
,general solicitation within #fj days of
 the completion of the scientific and   
medical evaluation1 even if such        
evaluation did not result in a          
descheduling or rescheduling            
determination2 and  7#b7 the results and
 any other information related to       
previously evaluated fentanyl-related   
services pursuant to subsection 7l74    
7q7 ,authorization of appropriations    
,there is authorized to be appropriated 
to the ,secretary #ej1jjj1jjj for fiscal
 years #bjbc and #bjbd1 to remain       
available until expended1 for the       
evaluation fentanyl-related substances  
pursuant to section #c of the ,temporary
 ,emergency ,scheduling and ,testing of 
,fentanyl ,analogues ,act of #bjbb4  4  
#f4 ,notification ,the ,attorney        
,general shall notify each individual   
who is the subject of a pending         
prosecution for1 or has been convicted  
or sentenced for1 an offense involving a
 fentanyl-related substance that is     

subsequently removed or rescheduled     
under paragraphs 7#a7 and 7#b7 of       
section #bja7k7 of the ,controlled      
,substances ,act1 as added by section #e
 of this ,act1 about the change in      
schedule designation not later than #ij 
days after the change1 and provide      
information about the effect of the     
change on their prosecution1 conviction1
 or sentence4