[Pages S1634-S1638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1237. Mr. GRASSLEY proposed an amendment to the bill S. 331, to 
amend the Controlled Substances Act with respect to the scheduling of 
fentanyl-related substances, and for other purposes; as follows:

       In section 5(a)(1), strike ``6'' and insert ``7''.
                                 ______
                                 
  SA 1238. Mr. LUJAN submitted an amendment intended to be proposed by 
him to the bill S. 331, to amend the Controlled Substances Act with 
respect to the scheduling of fentanyl-related substances, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S1635]]


  

       At the appropriate place, insert the following:

     SEC. __. KID PROOF PILOT PROGRAM.

       (a) In General.--The Assistant Secretary for Mental Health 
     and Substance Use (referred to in this section as the 
     ``Assistant Secretary''), may, as appropriate and within a 
     relevant existing program, carry out a pilot program and make 
     awards, on a competitive basis, to eligible entities to 
     prevent, or reduce the risk of, suicide and drug overdose by 
     children, adolescents, and young adults, including by 
     addressing the misuse of lethal means commonly used in 
     overdose or suicide.
       (b) Eligibility.--To be eligible to receive an award under 
     this section, an entity shall--
       (1) be a State, political subdivision of a State, 
     territory, or Indian Tribe or Tribal organization (as such 
     terms are defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304)); 
     and
       (2) submit to the Assistant Secretary an application at 
     such time, in such manner, and containing such information as 
     the Assistant Secretary may require, including a description 
     of the geographic location and settings in which such entity 
     proposes to carry out activities under such award and the 
     demonstrated need of such geographic location and settings.
       (c) Use of Funds.--An eligible entity shall use amounts 
     provided under this section to implement evidence-based 
     practices to prevent, or reduce the risk of, overdose and 
     suicide among children, adolescents, and young adults, 
     including promoting education and awareness among parents or 
     legal guardians on relevant best practices and providing 
     appropriate supplies to parents or legal guardians to 
     prevent, or reduce the risk of, the misuse of lethal means 
     commonly used in overdose or suicide.
       (d) Partnerships.--Recipients of funding under this section 
     may partner with health care facilities to carry out 
     activities under subsection (c).
       (e) Evaluation; Report.--
       (1) Evaluation.--Not later than 2 years after the date on 
     which awards under this section are first issued, the 
     Assistant Secretary shall carry out an evaluation to measure 
     the efficacy of the program under this section. The 
     evaluation shall include--
       (A) a description of any specific education and awareness 
     activities carried out through the pilot program under this 
     section;
       (B) the number and types of supplies provided to parents or 
     legal guardians to prevent, or reduce the risk of the misuse 
     of, lethal means commonly used in overdose or suicide; and
       (C) an assessment of the efficacy of the pilot program in 
     preventing, or reducing the risk of, overdose and suicide.
       (2) Report.--The Assistant Secretary shall prepare and 
     submit to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report containing 
     the results of the evaluation conducted under paragraph (1).
       (f) Sunset.--This section shall terminate on September 30, 
     2029.
                                 ______
                                 
  SA 1239. Ms. BLUNT ROCHESTER submitted an amendment intended to be 
proposed by her to the bill S. 331, to amend the Controlled Substances 
Act with respect to the scheduling of fentanyl-related substances, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 8. CONTINGENT EFFECTIVE DATE.

       Notwithstanding section 7(a), this Act and the amendments 
     made by this Act shall not take effect until the Secretary of 
     Health and Human Services certifies that the grant program 
     for State and Tribal response to opioid use disorders under 
     section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee-
     3a) is funded at an adequate level, not less than the amount 
     made available for such program for fiscal year 2024, to 
     address the incidence of opioid use disorder in all 50 States 
     and the District of Columbia.
                                 ______
                                 
  SA 1240. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill S. 331, to amend the Controlled Substances 
Act with respect to the scheduling of fentanyl-related substances, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. COMBATING ILLICIT XYLAZINE.

       (a) Definitions.--
       (1) In general.--In this title, the term ``xylazine'' has 
     the meaning given the term in paragraph (60) of section 102 
     of the Controlled Substances Act, as added by paragraph (2) 
     of this subsection.
       (2) Controlled substances act.--Section 102 of the 
     Controlled Substances Act (21 U.S.C. 802) is amended--
       (A) by redesignating the second paragraph (57) (relating to 
     serious drug felony) and paragraph (58) as paragraphs (58) 
     and (59), respectively; and
       (B) by adding at the end the following:
       ``(60) The term `xylazine' means the substance xylazine, 
     including its salts, isomers, and salts of isomers whenever 
     the existence of such salts, isomers, and salts of isomers is 
     possible.''.
       (b) Adding Xylazine to Schedule III.--Schedule III of 
     section 202(c) of the Controlled Substances Act (21 U.S.C. 
     812) is amended by adding at the end the following:
       ``(f) Unless specifically excepted or unless listed in 
     another schedule, any material, compound, mixture, or 
     preparation which contains any quantity of xylazine.''.
       (c) Amendments.--
       (1) Amendment.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended by striking paragraph (27) and 
     inserting the following:
       ``(27)(A) Except as provided in subparagraph (B), the term 
     `ultimate user' means a person who has lawfully obtained, and 
     who possesses, a controlled substance for the use by the 
     person or for the use of a member of the household of the 
     person or for an animal owned by the person or by a member of 
     the household of the person.
       ``(B)(i) In the case of xylazine, other than for a drug 
     product approved under subsection (b) or (j) of section 505 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), 
     the term `ultimate user' means a person--
       ``(I) to whom xylazine was dispensed by--
       ``(aa) a veterinarian registered under this Act; or
       ``(bb) a pharmacy registered under this Act pursuant to a 
     prescription of a veterinarian registered under this Act; and
       ``(II) who possesses xylazine for--
       ``(aa) an animal owned by the person or by a member of the 
     household of the person;
       ``(bb) an animal under the care of the person;
       ``(cc) use in government animal-control programs authorized 
     under applicable Federal, State, Tribal, or local law; or
       ``(dd) use in wildlife programs authorized under applicable 
     Federal, State, Tribal, or local law.
       ``(ii) In this subparagraph, the term `person' includes--
       ``(I) a government agency or business where animals are 
     located; and
       ``(II) an employee or agent of an agency or business acting 
     within the scope of their employment or agency.''.
       (2) Facilities.--An entity that manufactures xylazine, as 
     of the date of enactment of this Act, shall not be required 
     to make capital expenditures necessary to install the 
     security standard required of schedule III of the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) for the purposes of 
     manufacturing xylazine.
       (3) Labeling.--The requirements related to labeling, 
     packaging, and distribution logistics of a controlled 
     substance in schedule III of section 202(c) of the Controlled 
     Substances Act (21 U.S.C. 812(c)) shall not take effect for 
     xylazine until the date that is 1 year after the date of 
     enactment of this Act.
       (4) Practitioner registration.--The requirements related to 
     practitioner registration, inventory, and recordkeeping of a 
     controlled substance in schedule III of section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) shall not take 
     effect for xylazine until the date that is 60 days after the 
     date of enactment of this Act. A practitioner that has 
     applied for registration during the 60-day period beginning 
     on the date of enactment of this Act may continue their 
     lawful activities until such application is approved or 
     denied.
       (5) Manufacturer transition.--The Food and Drug 
     Administration and the Drug Enforcement Administration shall 
     facilitate and expedite the relevant manufacturer submissions 
     or applications required by the placement of xylazine on 
     schedule III of section 202(c) of the Controlled Substances 
     Act (21 U.S.C. 812(c)).
       (6) Clarification.--Nothing in this title, or the 
     amendments made by this title, shall be construed to require 
     the registration of an ultimate user of xylazine under the 
     Controlled Substances Act (21 U.S.C. 801 et seq.) in order to 
     possess xylazine in accordance with subparagraph (B) of 
     section 102(27) of that Act (21 U.S.C. 802(27)), as added by 
     paragraph (1) of this subsection.
       (d) Arcos Tracking.--Section 307(i) of the Controlled 
     Substances Act (21 U.S.C. 827(i)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting ``or xylazine'' after ``gamma 
     hydroxybutyric acid'';
       (B) by inserting ``or 512'' after ``section 505''; and
       (C) by inserting ``respectively,'' after ``the Federal 
     Food, Drug, and Cosmetic Act,''; and
       (2) in paragraph (6), by inserting ``or xylazine'' after 
     ``gamma hydroxybutyric acid''.
       (e) Sentencing Commission.--Pursuant to its authority under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall review and, if 
     appropriate, amend its sentencing guidelines, policy 
     statements, and official commentary applicable to persons 
     convicted of an offense under section 401 of the Controlled 
     Substances Act (21 U.S.C. 841) or section 1010 of the 
     Controlled Substances Import and Export Act (21 U.S.C. 960) 
     to provide appropriate penalties for offenses involving 
     xylazine that are consistent with the amendments made by this 
     title. In carrying out this subsection, the Commission should 
     consider the common forms of xylazine as well as its use 
     alongside other scheduled substances.
       (f) Report to Congress on Xylazine.--
       (1) Initial report.--Not later than 18 months after the 
     date of the enactment of this Act, the Attorney General, 
     acting

[[Page S1636]]

     through the Administrator of the Drug Enforcement 
     Administration and in coordination with the Commissioner of 
     Food and Drugs, shall submit to Congress a report on the 
     prevalence of illicit use of xylazine in the United States 
     and the impacts of such use, including--
       (A) where the drug is being diverted;
       (B) where the drug is originating; and
       (C) whether any analogues to xylazine, or related or 
     derivative substances, exist and present a substantial risk 
     of abuse.
       (2) Additional report.--Not later than 4 years after the 
     date of the enactment of this Act, the Attorney General, 
     acting through the Administrator of the Drug Enforcement 
     Administration and in coordination with the Commissioner of 
     Food and Drugs, shall submit to Congress a report updating 
     Congress on the prevalence and proliferation of xylazine 
     trafficking and misuse in the United States.
                                 ______
                                 
  SA 1241. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed by her to the bill S. 331, to amend the Controlled Substances 
Act with respect to the scheduling of fentanyl-related substances, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 8. INVEST TO PROTECT GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) De-escalation training.--The term ``de-escalation 
     training'' means training relating to taking action or 
     communicating verbally or non-verbally during a potential 
     force encounter in an attempt to stabilize the situation and 
     reduce the immediacy of the threat so that more time, 
     options, and resources can be called upon to resolve the 
     situation without the use of force or with a reduction in the 
     force necessary.
       (2) Director.--The term ``Director'' means the Director of 
     the Office.
       (3) Eligible local government.--The term ``eligible local 
     government'' means--
       (A) a county, municipality, town, township, village, 
     parish, borough, or other unit of general government below 
     the State level that employs fewer than 175 law enforcement 
     officers; and
       (B) a Tribal government that employs fewer than 175 law 
     enforcement officers.
       (4) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given the term ``career law 
     enforcement officer'' in section 1709 of title I the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).
       (5) Office.--The term ``Office'' means the Office of 
     Community Oriented Policing Services of the Department of 
     Justice.
       (b) Establishment.--There is established within the Office 
     a grant program to--
       (1) provide training and access to mental health resources 
     to local law enforcement officers; and
       (2) improve the recruitment and retention of local law 
     enforcement officers.
       (c) Authority.--Not later than 120 days after the date of 
     enactment of this Act, the Director shall award grants to 
     eligible local governments as a part of the grant program 
     established under subsection (b).
       (d) Applications.--
       (1) Barriers.--The Attorney General shall determine what 
     barriers exist to establishing a streamlined application 
     process for grants under this section.
       (2) Report.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report that includes a plan to execute a 
     streamlined application process for grants under this section 
     under which an eligible local government seeking a grant 
     under this section can reasonably complete the application in 
     not more than 2 hours.
       (B) Contents of plan.--The plan required under subparagraph 
     (A) may include a plan for--
       (i) proactively providing eligible local governments 
     seeking a grant under this section with information on the 
     data eligible local governments will need to prepare before 
     beginning the grant application; and
       (ii) ensuring technical assistance is available for 
     eligible local governments seeking a grant under this section 
     before and during the grant application process, including 
     through dedicated liaisons within the Office.
       (3) Applications.--In selecting eligible local governments 
     to receive grants under this section, the Director shall use 
     the streamlined application process described in paragraph 
     (2)(A).
       (e) Eligible Activities.--An eligible local government that 
     receives a grant under this section may use amounts from the 
     grant only for--
       (1) de-escalation training for law enforcement officers;
       (2) victim-centered training for law enforcement officers 
     in handling situations of domestic violence;
       (3) evidence-based law enforcement safety training for--
       (A) active shooter situations;
       (B) the safe handling of illicit drugs and precursor 
     chemicals;
       (C) rescue situations;
       (D) recognizing and countering ambush attacks; or
       (E) response to calls for service involving--
       (i) persons with mental health needs;
       (ii) persons with substance use disorders;
       (iii) veterans;
       (iv) persons with disabilities;
       (v) vulnerable youth;
       (vi) persons who are victims of domestic violence, sexual 
     assault, or trafficking; or
       (vii) persons experiencing homelessness or living in 
     poverty;
       (4) the offsetting of overtime costs associated with 
     scheduling issues relating to the participation of a law 
     enforcement officer in the training described in paragraphs 
     (1) through (3), (9), and (10);
       (5) a signing bonus for a law enforcement officer in an 
     amount determined by the eligible local government;
       (6) a retention bonus for a law enforcement officer--
       (A) in an amount determined by the eligible local 
     government that does not exceed 20 percent of the salary of 
     the law enforcement officer; and
       (B) who--
       (i) has been employed at the law enforcement agency for not 
     fewer than 5 years;
       (ii) has not been found by an internal investigation to 
     have engaged in serious misconduct; and
       (iii) commits to remain employed by the law enforcement 
     agency for not less than 3 years after the date of receipt of 
     the bonus;
       (7) a stipend for the graduate education of law enforcement 
     officers in the area of mental health, public health, or 
     social work, which shall not exceed the lesser of--
       (A) $10,000; or
       (B) the amount the law enforcement officer pays towards 
     such graduate education;
       (8) providing access to patient-centered behavioral health 
     services for law enforcement officers, which may include 
     resources for risk assessments, evidence-based, trauma-
     informed care to treat post-traumatic stress disorder or 
     acute stress disorder, peer support and counselor services 
     and family supports, and the promotion of improved access to 
     high quality mental health care through telehealth;
       (9) the implementation of evidence-based best practices and 
     training on the use of lethal and nonlethal force;
       (10) the implementation of evidence-based best practices 
     and training on the duty of care and the duty to intervene; 
     and
       (11) data collection for police practices relating to 
     officer and community safety.
       (f) Reporting Requirements for Grant Recipients.--
       (1) In general.--The Director shall establish reasonable 
     reporting requirements specifically relating to a grant 
     awarded under this section for eligible local governments 
     that receive such a grant in order to assist with the 
     evaluation by the Office of the program established under 
     this section.
       (2) Considerations.--In establishing requirements under 
     paragraph (1), the Director shall consider the capacity of 
     law enforcement agencies with fewer than 175 officers to 
     collect and report information.
       (g) Disclosure of Officer Recruitment and Retention 
     Bonuses.--
       (1) In general.--Not later than 60 days after the date on 
     which an eligible local government that receives a grant 
     under this section awards a signing or retention bonus 
     described in paragraph (5) or (6) of subsection (e), the 
     eligible local government shall disclose to the Director and 
     make publicly available on a website of the eligible local 
     government the amount of the bonus.
       (2) Report.--The Attorney General shall submit to the 
     appropriate congressional committees an annual report that 
     includes each signing or retention bonus disclosed under 
     paragraph (1) during the preceding year.
       (h) Grant Accountability.--
       (1) In general.--All grants awarded by the Director under 
     this section shall be subject to the accountability 
     provisions described in this subsection.
       (2) Audit requirement.--
       (A) Definition.--In this paragraph, the term ``unresolved 
     audit finding'' means a finding in the final audit report of 
     the Inspector General of the Department of Justice that the 
     audited grantee has used grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months from the date when the final 
     audit report is issued.
       (B) Audits.--Beginning in the first fiscal year beginning 
     after the date of enactment of this subsection, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct audits of recipients of 
     grants under this section to prevent waste, fraud, and abuse 
     of funds by grantees. The Inspector General of the Department 
     of Justice shall determine the appropriate number of grantees 
     to be audited each year.
       (C) Mandatory exclusion.--A recipient of grant funds under 
     this section that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this section during the first 3 fiscal years beginning after 
     the end of the 12-month period described in subparagraph (A).
       (D) Reimbursement.--If an eligible local government is 
     awarded grant funds under this section during the 3-fiscal-
     year period during which the eligible local government is 
     barred from receiving grants under subparagraph (C), the 
     Attorney General shall--
       (i) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to the grantee into the 
     General Fund of the Treasury; and
       (ii) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.

[[Page S1637]]

       (3) Annual certification.--Beginning in the fiscal year 
     during which audits commence under paragraph (2)(B), the 
     Attorney General shall submit to the Committee on the 
     Judiciary and the Committee on Appropriations of the Senate 
     and the Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives an annual 
     certification--
       (A) indicating whether--
       (i) all audits issued by the Office of the Inspector 
     General of the Department of Justice under paragraph (2) have 
     been completed and reviewed by the appropriate Assistant 
     Attorney General or Director;
       (ii) all mandatory exclusions required under paragraph 
     (2)(C) have been issued; and
       (iii) all reimbursements required under paragraph (2)(D) 
     have been made; and
       (B) that includes a list of any grant recipients excluded 
     under paragraph (2) from the previous year.
       (i) Program Evaluation.--Not less frequently than annually, 
     the Attorney General shall analyze the information provided 
     by eligible local governments pursuant to the reporting 
     requirements established under subsection (f)(1) to evaluate 
     the efficacy of programs funded by the grant program under 
     this section.
       (j) Preventing Duplicative Grants.--
       (1) In general.--Before the Director awards a grant to an 
     eligible local government under this section, the Attorney 
     General shall compare potential grant awards with other 
     grants awarded by the Attorney General to determine if grant 
     awards are or have been awarded for a similar purpose.
       (2) Report.--If the Attorney General awards grants to the 
     same applicant for a similar purpose, whether through the 
     grant program under this section or another grant program 
     administered by the Department of Justice, the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report that includes--
       (A) a list of all such grants awarded, including the total 
     dollar amount of any such grants awarded; and
       (B) the reason the Attorney General awarded multiple grants 
     to the same applicant for a similar purpose.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section not more than 
     $50,000,000 for each of fiscal years 2026 through 2030.
                                 ______
                                 
  SA 1242. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 331, to amend the Controlled Substances Act with 
respect to the scheduling of fentanyl-related substances, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REMOVAL FROM SCHEDULE I OF FENTANYL-RELATED 
                   SUBSTANCES.

       Section 201 of the Controlled Substances Act (21 U.S.C. 
     811) is amended by adding at the end the following:
       ``(k) Removal From Schedule I of Fentanyl-related 
     Substances.--
       ``(1) Determination resulting in removal from all 
     schedules.--If the Secretary determines, taking into 
     consideration the factors set forth in paragraph (3), that a 
     fentanyl-related substance has a potential for abuse that is 
     less than the drugs or other substances in schedule V--
       ``(A) the Secretary shall submit to the Attorney General a 
     scientific and medical evaluation of that fentanyl-related 
     substance supporting that determination;
       ``(B) the Secretary shall submit any such evaluation and 
     determination in writing and include the bases therefor;
       ``(C) the scientific and medical matters contained in the 
     evaluation of the Secretary shall be binding on the Attorney 
     General; and
       ``(D) except as provided in paragraph (4), not later than 
     90 days after receiving such evaluation and determination, 
     the Attorney General shall issue an order removing such 
     fentanyl-related substance from the schedules under section 
     202.
       ``(2) Determination resulting in rescheduling.--If the 
     Secretary determines, taking into consideration the factors 
     set forth in paragraph (3), that a fentanyl-related substance 
     has a potential for abuse that is less than the drugs or 
     other substances in schedules I and II--
       ``(A) the Secretary shall submit to the Attorney General a 
     scientific and medical evaluation of that fentanyl-related 
     substance supporting that determination;
       ``(B) the Secretary shall submit any such evaluation and 
     determination in writing and include the bases therefor;
       ``(C) consistent with subsection (b), the scientific and 
     medical matters contained in the evaluation of the Secretary 
     shall be binding on the Attorney General; and
       ``(D) except as provided in paragraph (4), not later than 
     90 days after receiving such evaluation and determination, 
     the Attorney General shall issue an order removing such 
     fentanyl-related substance from schedule I and controlling 
     such substance under schedule III.
       ``(3) Evaluation factors.--
       ``(A) In general.--In making a determination under 
     paragraph (1) or (2), the Secretary--
       ``(i) shall consider the factor listed in paragraph (2) of 
     subsection (c), as established by the assessment described in 
     subparagraph (B) of this paragraph;
       ``(ii) shall consider the factors listed in paragraphs (1), 
     (3), and (6) of subsection (c); and
       ``(iii) may consider the factors listed in paragraphs (4), 
     (5), and (7) of subsection (c) if the Secretary finds that 
     evidence exists with respect to those factors.
       ``(B) Consideration of scientific evidence of 
     pharmacological effect.--
       ``(i) In general.--For the purposes of subparagraph (A)(i), 
     consideration by the Secretary of the results of an 
     assessment consisting of the studies described in clause (ii) 
     of this subparagraph shall only suffice to constitute 
     consideration of the factor listed in paragraph (2) of 
     subsection (c) if--

       ``(I) each such study is performed according to scientific 
     methods and protocols commonly accepted in the scientific 
     community; and
       ``(II) the Secretary determines that such assessment is 
     adequate for such purposes.

       ``(ii) Described studies.--The studies described in this 
     clause include the following:

       ``(I) One or more receptor binding studies that can--

       ``(aa) demonstrate whether the substance has affinity for 
     the human mu opioid receptor and assess the duration and 
     intensity of the binding; and
       ``(bb) establish displacement by antagonists such as 
     naloxone.

       ``(II) One or more in vitro functional assays that can 
     demonstrate whether the substance has agonist activity at the 
     human mu opioid receptor.
       ``(III) One or more in vivo animal behavioral studies that 
     can demonstrate whether the substance has abuse-related drug 
     effects consistent with mu opioid agonist activity, such as 
     demonstrating similarity to the effects of morphine.

       ``(iii) Guidance.--Not later than 90 days after the date of 
     enactment of the Halt All Lethal Trafficking of Fentanyl Act, 
     the Secretary shall publish guidance describing the 
     parameters for studies that meet the criteria established 
     under clause (ii).
       ``(4) Attorney general review.--
       ``(A) In general.--Notwithstanding a determination by the 
     Secretary resulting in removal or rescheduling under 
     paragraph (1) or (2), the Attorney General may not issue an 
     order of removal or rescheduling if, not later than 90 days 
     after receiving the applicable evaluation and determination 
     from the Secretary, the Attorney General finds under the 
     processes described in subsection (h) that maintaining the 
     scheduling of the substance is necessary to avoid an imminent 
     hazard to the public safety.
       ``(B) Temporary scheduling.--Upon a finding under 
     subparagraph (A), the substance shall be deemed temporarily 
     scheduled for the time period described in subsection (h)(2), 
     which may be extended as provided in that subsection.
       ``(C) Expiration of temporary scheduling.--Not later than 
     30 days after the expiration of the time period described in 
     subparagraph (B) and any extension thereof as described in 
     that subparagraph, the Attorney General shall issue an order 
     to remove or reschedule the substance pursuant to the 
     Secretary's determination unless the substance has otherwise 
     been scheduled under the processes described in this section.
       ``(5) Notice from secretary to attorney general.--
       ``(A) Notice of initiation of proceedings.--Not later than 
     30 days after the date on which the Secretary initiates 
     proceedings to evaluate a substance under paragraph (1) or 
     (2), the Secretary shall notify the Attorney General of the 
     initiation of the proceedings.
       ``(B) Advance notice regarding evaluation and conclusion.--
     Not later than 30 days before the date on which the Secretary 
     sends the Attorney General an evaluation and determination 
     under paragraph (1) or (2), the Secretary shall notify the 
     Attorney General with respect to the evaluation and 
     determination.
       ``(6) Exception for treaty obligations.--If a fentanyl-
     related substance is a substance that the United States is 
     obligated to control under international treaties, 
     conventions, or protocols in effect on the date of enactment 
     of the Halt All Lethal Trafficking of Fentanyl Act, this 
     subsection shall not require the Attorney General--
       ``(A) to remove such substance from control; or
       ``(B) to place such substance in a schedule less 
     restrictive than that which the Attorney General determines 
     is necessary to carry out such obligations.
       ``(7) Identification of fentanyl-related substances.--If 
     the Attorney General determines that a substance is a 
     fentanyl-related substance, the Attorney General shall--
       ``(A) not later than 30 days after the date of such 
     determination, notify the Secretary;
       ``(B) include in such notification the identity of the 
     substance, its structure, and the basis for the 
     determination; and
       ``(C) as soon as practicable, publish in the Federal 
     Register an updated list under subsection (e)(4) of schedule 
     I that includes the fentanyl-related substance, unless good 
     cause exists not to do so.
       ``(8) Petitions for transferring a fentanyl-related 
     substance under the drug schedules.--

[[Page S1638]]

       ``(A) In general.--If a person petitions the Attorney 
     General to remove a fentanyl-related substance from schedule 
     I, to reschedule a fentanyl-related substance to another 
     schedule, or to place a fentanyl-related substance under 
     schedule I, the Attorney General shall consider such a 
     petition in accordance with the procedures and standards set 
     forth in--
       ``(i) subsections (a) and (b) of this section; and
       ``(ii) section 1308.43 of title 21, Code of Federal 
     Regulations (or any successor regulation).
       ``(B) Attorney general to inform secretary.--Not later than 
     30 days after the date of accepting a petition described in 
     subparagraph (A), the Attorney General shall forward a copy 
     of the petition to the Secretary.
       ``(C) Determination procedure not precluded by filing of 
     petition.--The filing of a petition described in this 
     paragraph shall not preclude the Secretary from making a 
     determination and sending an evaluation under paragraph (1) 
     or (2).
       ``(9) Rules of construction.--Nothing in this subsection 
     shall be construed to preclude the Attorney General from--
       ``(A) transferring a substance listed in schedule I to 
     another schedule, or removing such substance entirely from 
     the schedules, pursuant to other provisions of this section 
     and section 202; or
       ``(B) transferring a fentanyl-related substance from a 
     schedule other than schedule I to schedule I if information 
     supports such a transfer.
       ``(10) Subsequent controlling of removed substance.--A 
     substance removed from schedule I pursuant to this subsection 
     may, at any time, be controlled pursuant to the other 
     provisions of this section and section 202 without regard to 
     the removal pursuant to this subsection.
       ``(11) Evaluations or studies.--The Secretary may enter 
     into contracts or other agreements to conduct or support 
     evaluations or studies of fentanyl-related substances.
       ``(12) Annual review by secretary.--
       ``(A) In general.--Not less frequently than annually, the 
     Secretary shall review fentanyl-related substances identified 
     under paragraph (7), including a review of available evidence 
     and any analysis or data in the possession of the Attorney 
     General with regard to those substances.
       ``(B) Evaluation for removal or rescheduling.--In carrying 
     out subparagraph (A), if the Secretary determines, with 
     respect to a fentanyl-related substance, that removing the 
     fentanyl-related substance from the schedules under section 
     202 or rescheduling the fentanyl-related substance may be 
     appropriate, the Secretary shall evaluate the fentanyl-
     related substance for potential removal or rescheduling under 
     paragraphs (1) and (2).''.
                                 ______
                                 
  SA 1243. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 331, to amend the Controlled Substances Act with 
respect to the scheduling of fentanyl-related substances, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANNUAL REPORTING.

       (a) Definition.--In this section, the term ``fentanyl-
     related substance'' has the meaning given that term under 
     subsection (e) of schedule I of section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)), as added by 
     this Act.
       (b) Reporting.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report that, for the year before the year during 
     which the report is submitted--
       (1) indicates the number of fentanyl-related substances 
     identified by the Attorney General and lists the scientific 
     names of each newly identified fentanyl-related substance;
       (2) describes the extent of scientific and medical 
     evaluation by the Attorney General or the Secretary of Health 
     and Human Services, if any, of each substance that was 
     determined to be a fentanyl-related substance;
       (3) identifies any fentanyl-related substance for which 
     results of the scientific and medical evaluation, if any, by 
     the Secretary of Health and Human Services found the 
     fentanyl-related substance to have some accepted medical use 
     or a lower potential for abuse than substances included in 
     schedule I of section 202(c) of the Controlled Substances Act 
     (21 U.S.C. 812(c)) and, for each such fentanyl-related 
     substance, the control status of the substance; and
       (4) for each fentanyl-related substance, indicates the 
     number of criminal cases in which an offense involving the 
     fentanyl-related substance was charged.
                                 ______
                                 
  SA 1244. Mr. SCOTT of Florida (for himself and Mr. Welch) submitted 
an amendment intended to be proposed by him to the bill S. 331, to 
amend the Controlled Substances Act with respect to the scheduling of 
fentanyl-related substances, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. OVERCOMING PREVALENT INADEQUACIES IN OVERDOSE 
                   INFORMATION DATA SETS.

       (a) Accurate Data on Opioid-related Overdoses.--The 
     Attorney General may award grants to States, territories, and 
     localities to support improved data and surveillance on 
     opioid-related overdoses, including for activities to improve 
     postmortem toxicology testing, data linkage across data 
     systems throughout the United States, electronic death 
     reporting, or the comprehensiveness of data on fatal and 
     nonfatal opioid-related overdoses.
       (b) Law Enforcement Grants.--
       (1) In general.--The Attorney General may award grants to 
     local law enforcement agencies and forensic laboratories in 
     communities with high rates of drug overdoses for the purpose 
     of--
       (A) training to help officers identify overdoses;
       (B) upgrading essential systems for tracing drugs and 
     processing samples in forensic laboratories to provide 
     timely, accurate, and standard data reporting to the National 
     Forensic Laboratory Information System; or
       (C) training to better trace criminals through the darknet.
       (2) Federal law enforcement training centers.--Federal Law 
     Enforcement Training Centers shall provide training to State 
     and local law enforcement agencies on how to best coordinate 
     with State and Federal partners for tracking drug-related 
     activity.
       (3) Cops grants.--Section 1701(b) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is 
     amended--
       (A) in paragraph (23), by striking ``and'' at the end;
       (B) in paragraph (24), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(25) to provide training and resources for containment 
     devices to prevent secondary exposure to fentanyl and other 
     substances for first responders.''.
       (c) Office of National Drug Control Policy Reform.--
       (1) In general.--The Drug Enforcement Administration shall 
     develop uniform reporting standards for inputting data into 
     the National Forensic Laboratory Information System for 
     purity, formulation, and weight to allow for better 
     comparison across jurisdictions and between agencies and the 
     sharing of data.
       (2) Clarification.--Nothing in paragraph (1) may be 
     construed to require the creation of new or increased 
     obligations or reporting requirements on State or local 
     laboratories.
       (d) Dea Testing.--The Drug Enforcement Administration shall 
     submit to Congress, as part of the annual budget process, a 
     specific line item for the level of funding necessary for the 
     Fentanyl Signature Profiling Program.

                          ____________________