H.R. 27House119th Congress (2025-2027)Passed House

HALT Fentanyl Act

Introduced January 3, 2025

AI-Generated Summary

Updated November 24, 2025 at 3:51 AM UTC

The HALT Fentanyl Act expands Schedule I of the Controlled Substances Act to automatically include any fentanyl‑related chemical, defines those substances, and adds them to existing penalty provisions. It also streamlines and speeds up the registration process for researchers working with fentanyl‑related drugs, lets institutions share a single registration across sites and staff, and permits limited manufacturing for research without extra licensing. The Attorney General must publish lists of covered substances, issue rules quickly, and make any special procedural rules public. The bill affects drug manufacturers, researchers, the DEA, and the Attorney General’s office.

Key Provisions

  • Adds a new sub‑paragraph to Schedule I that automatically places any fentanyl‑related substance (as defined by specific chemical modifications) into Schedule I unless specifically exempted or already listed elsewhere.
  • Allows the Attorney General to publish a list of substances that meet the fentanyl‑related definition and to treat any such substance as controlled even if not on the list.
  • Expands criminal penalties to cover fentanyl‑related substances under the existing analogue provisions.
  • Creates an expedited research registration process: practitioners can notify the Attorney General with basic information to conduct Schedule I research on fentanyl‑related drugs, especially when tied to FDA investigational use or funded by HHS, DoD, or VA.
  • Permits employees of a research institution to work under a single registered researcher’s license, and allows a single registration for multiple sites within the same city/county under the same institution.
  • Allows limited manufacturing of small quantities of a controlled substance for research purposes without a separate manufacturing registration, provided it is documented in the research notification.
  • Requires the Attorney General to issue interim final rules within six months and to publicly disclose any special procedures or criteria applied to particular substances.

Legislative Activity

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13 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

February 10, 2025

View full timeline
HouseIntro Referral

Introduced in House

January 3, 2025

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

January 3, 2025

HouseFloor

Rules Committee Resolution H. Res. 93 Reported to House. Rule provides for consideration of H.R. 27 with 1 hour of general debate. Motion to recommit allowed. The resolution makes in order only the further amendment printed in Part B of the Rules Committee report.

February 4, 2025 • 6:09 PM

HouseFloor

Rule H. Res. 93 passed House.

February 5, 2025 • 4:59 PM

HouseFloor

Considered under the provisions of rule H. Res. 93. (consideration: CR H520-533)

February 6, 2025 • 12:28 PM

HouseFloor

Rule provides for consideration of H.R. 27 with 1 hour of general debate. Motion to recommit allowed. The resolution makes in order only the further amendment printed in Part B of the Rules Committee report.

February 6, 2025 • 12:28 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 27.

February 6, 2025 • 12:29 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 93, the House proceeded with 10 minutes of debate on the Trahan amendment No. 2.

February 6, 2025 • 1:33 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Trahan amendment No. 2, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes prevailed. Mrs. Trahan demanded the yeas and nays and the Chair postponed further proceeding until a time to be announced.

February 6, 2025 • 1:42 PM

HouseFloor

Considered as unfinished business. (consideration: CR H533-535)

February 6, 2025 • 4:00 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 312 - 108 (Roll no. 33). (text: CR H520-522)

February 6, 2025 • 4:49 PM

HouseFloor

On passage Passed by the Yeas and Nays: 312 - 108 (Roll no. 33). (text: CR H520-522)

February 6, 2025 • 4:49 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 6, 2025 • 4:49 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

February 10, 2025

Floor Debate

21 members

What members said about H.R. 27 on the floor

8 Republicans13 Democrats
Kathy Castor
Rep. Kathy CastorD-FL-14 · Feb 6, 2025

Mr. Speaker, I thank Ranking Member Pallone for yielding me time. Mr. Speaker, I rise today in opposition to H.R. 27. I am here to say this is not business as usual right now in Washington, D.C., or…

H. Morgan Griffith
Rep. H. Morgan GriffithR-VA-9 · Feb 5, 2025

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 93 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Feb 5, 2025

Mr. Speaker, I thank the gentleman from Virginia for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, with respect to the legislation at hand, the…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 11, 2025

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to S. 331, the HALT Fentanyl Act. The House approved this bill in February, and since that time, the Trump…

Peter Welch
Sen. Peter WelchD-VT · Feb 25, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I would like to speak about DOGE. The verdict is in: It has been a colossal failure. It has done…

Show 8 more
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 25, 2025

Mr. President, over the years, Federal funding for medical and scientific research has helped split the atom, defeat polio, create the internet, map the human genome, and so much more. No nation has…

Cory A. Booker
Sen. Cory A. BookerD-NJ · Feb 25, 2025

Mr. President, we are dealing with a crisis that all hundred Members of this body understand has taken the lives of hundreds and hundreds of thousands of people, and that is the scourge of fentanyl.…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Feb 6, 2025

Mr. Speaker, I yield myself such time as I may consume. I rise in opposition to H.R. 27, the HALT Fentanyl Act. Mr. Speaker, throughout this debate today, House Republicans will claim that they are…

Tim Kaine
Sen. Tim KaineD-VA · Feb 25, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to describe an amazing journey that I took this weekend that was a powerful journey…

H. Morgan Griffith
Rep. H. Morgan GriffithR-VA-9 · Jun 11, 2025

Mr. Speaker, pursuant to House Resolution 489, I call up the bill (S. 331) to amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Feb 6, 2025

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…

John Cornyn
Sen. John CornynR-TX · Feb 25, 2025

Madam President, it has been a little over a month since President Trump was inaugurated as the 47th President of the United States. One of his key promises on the campaign trail--and, really,…

Bill Cassidy
Sen. Bill CassidyR-LA · Feb 25, 2025

Mr. President, reserving the right to object, for years, one more time, Congress has refused to make a definitive, permanent decision. It has failed to make schedule I classification of fentanyl-…

Show 11 more
Cynthia M. Lummis
Sen. Cynthia M. LummisR-WY · Feb 25, 2025

Mr. President, I rise to speak in support of President Trump's energy dominance agenda and to oppose my colleagues who want to keep America literally in the Dark Ages when it comes to producing…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Feb 5, 2025

Mr. Speaker, we are in a moment of constitutional crisis. These days will define what we stand for. They will define who we stand with. Yet in this time of crisis, Republicans are rearranging deck…

Maxine Dexter
Rep. Maxine DexterD-OR-3 · Feb 6, 2025

Mr. Speaker, I rise today in strong opposition to this bill because it is abundantly clear it is not a serious effort to address the drug overdose epidemic in this country. It is, in fact, partisan.…

John Kennedy
Sen. John KennedyR-LA · Feb 25, 2025

Mr. President, I have a resolution under the--we call it a CRA, to rescind one of President Biden's regulations. In 1938, we drilled the first well in the ``Gulf of America,'' which some people still…

Lori Trahan
Rep. Lori TrahanD-MA-3 · Feb 6, 2025

Mr. Speaker, as the designee of Congresswoman Pettersen, I have an amendment at the desk. Mr. Speaker, I rise to offer amendment 2 on behalf of my colleague, Congresswoman Brittany Pettersen, who…

John Barrasso
Sen. John BarrassoR-WY · Feb 25, 2025

Mr. President, reserving the right to object. The American people voted to get spending under control. Two in three Americans say that a major problem that we face today in this country is government…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Feb 5, 2025

Mr. Speaker, I thank Ranking Member McGovern for yielding time. Mr. Speaker, if the previous question is defeated, Democrats plan to offer a vote on the SUPPORT for Patients and Communities…

Joe Neguse
Rep. Joe NeguseD-CO-2 · Jun 11, 2025

Mr. Speaker, I thank the gentleman for yielding me time. First, I thank the ranking member for his leadership in addressing the scourge of fentanyl overdoses across our country. I serve as one of the…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Jun 11, 2025

Mr. Speaker, I thank the gentleman for yielding me the time. Mr. Speaker, this is not the answer to the problem. This problem is not going to be solved by only putting people in jail and throwing…

Jahana Hayes
Rep. Jahana HayesD-CT-5 · Feb 6, 2025

Mr. Speaker, the HALT Fentanyl Act would put us on a pathway to adopting the ill-informed practices of the past. The 1994 crime bill decimated generations by expanding harsh criminal punishment that…

Robert E. Latta
Rep. Robert E. LattaR-OH-5 · Feb 6, 2025

Mr. Speaker, I thank the chairman of the full committee for yielding to me. For 4 years, I have worked tirelessly with my colleague and friend, the gentleman from the Ninth Congressional District of…

Bill Text

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Referred in SenateIssued February 10, 2025

IIA

119th CONGRESS

1st Session

H. R. 27

IN THE SENATE OF THE UNITED STATES

February 10, 2025

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes.


1.

Short title

This Act may be cited as the Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act.

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).

.

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 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 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:

(4)
(A)

Notwithstanding paragraph (1), a person registered to conduct research with a controlled substance under section 303(g) may conduct the research under a single registration if—

(i)

the research occurs exclusively on sites all of which are—

(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—

(I)

the research will be conducted; or

(II)

the controlled substance will be stored or administered.

(B)

A site described in subparagraph (A) shall be included in a registration described in that subparagraph only if the researcher has notified the Attorney General of the site—

(i)

in the application for the registration; or

(ii)

before the research is conducted, or before the controlled substance is stored or administered, at the site.

(C)

The Attorney General may, in consultation with the Secretary, issue regulations addressing, with respect to research sites described 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.

.

(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

(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 modification of a registration, to conduct research with a second controlled substance that is in the same schedule as the first controlled substance, or is in a schedule with a higher numerical designation than the schedule of the first controlled substance, a new inspection by the Attorney General of the registered location is not required.

(B)

Nothing in subparagraph (A) shall prohibit the Attorney General from conducting an inspection that the Attorney General determines necessary to ensure that a registrant maintains effective controls against diversion.

.

(e)

Continuation of research on substances newly added to schedule I

Section 302 of the Controlled Substances Act (21 U.S.C. 822) is amended by adding at the end the following:

(h)

Continuation of research on substances newly added to 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 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.

.

(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 following:

(i)

Treatment of certain manufacturing activities as coincident to research

(1)

In general

Except as provided in paragraph (3), a person who is registered to perform research on a controlled substance may perform manufacturing activities with small 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.

(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—

(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)).

(3)

Exception regarding marihuana

The authority under paragraph (1) to manufacture substances does not include the authority to grow marihuana.

.

(g)

Transparency regarding special procedures

Section 303 of the Controlled Substances Act (21 U.S.C. 823), as amended by subsection (a), is amended by adding at the end the following:

(o)

Transparency regarding special procedures

(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

(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.

(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.

.

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);

(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

(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)).

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)

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 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.

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)

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).

.

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 enactment of this Act.

(b)

Rule of construction

Nothing in the amendments made by this Act may be construed as evidence that, in applying sections 401(b)(1) and 1010(b) of the Controlled Substances Act (21 U.S.C. 841(b)(1) and 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

The 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 (2018).

Passed the House of Representatives February 6, 2025.

Kevin F. McCumber,

Clerk.