Gonzales, Newhouse, Pappas Introduce Bipartisan Legislation to Combat Fentanyl Trafficking

WASHINGTON, DC - Representatives Tony Gonzales (TX-23), Dan Newhouse (WA-04), and Chris Pappas (NH-01)on Mondayreintroduced their bipartisan Save Americans from the Fentanyl Emergency Act or SAFE Act. This legislation would permanently schedule all fentanyl-related substances as Schedule I drugs to ensure law enforcement can keep them off the streets.

Fentanyl-related substances are currently temporarily scheduled as Schedule I through December 31, 2024 thanks to bipartisan legislation introduced by Pappas and Newhouse which was included in the government funding package passed by Congress and signed into law last year.

"Fentanyl is being smuggled through our southern border at record levels, leaving no community in America untouched," said Congressman Gonzales. "If fentanyl analogues are permanently scheduled as a Schedule 1 drug, it will help give our men and women in blue and green the proper tools to get this deadly drug off the street. I remain committed to working with my colleagues to aggressively tackle this serious threat that affects all Americans."

"Communities across Central Washington have been devastated by the epidemic of synthetic opioids like fentanyl, which is now the leading cause of death for people ages 18-45. The numerous conversations I've had with law enforcement officers, health care experts, and opioid addiction clinics have made one thing abundantly clear: they need more tools to fight back against this crisis in our communities. Permanently classifying fentanyl analogues as Schedule I substances gives our law enforcement agents those tools," said Congressman Newhouse.

"Through my many conversations with law enforcement, public health experts, and advocates across New Hampshire, it remains clear that we must do more to confront the opioid crisis, stop the trafficking of fentanyl and its analogues, and support people suffering from substance use disorder," said Congressman Pappas. "Permanently scheduling deadly fentanyl analogues is an essential step that will ensure law enforcement retains an important tool to keep our communities safe and hold traffickers accountable for the harm they have caused. I urge my colleagues on both sides of the aisle in the House to support this legislation, and I thank Representative Newhouse for partnering with me on this important legislation that will save lives."

Specifically, the Save Americans from the Fentanyl Emergency Act will:

• Amend Section 202(c) of the Controlled Substances Act to permanently classify any fentanyl-related substance as a Schedule I drug unless it is already listed in another schedule or specifically exempted.
• Define the types of compounds and molecular variations that count as an analogue of fentanyl.
• Require the Attorney General to publish a list of substances that meet the classification of a fentanyl-related substance in the Federal Register within 60 days of determination.
• Allow the Secretary of HHS to contract with private entities to conduct research and evaluations into fentanyl-related substances, and create a streamlined process to facilitate research of controlled substances in Schedule I to more closely align it with the process for Schedule II research, to expand our understanding of fentanyl-related substances and other drugs.
• Require the GAO to issue a report within four years after enactment analyzing the effect of permanent scheduling of fentanyl analogues. The report would analyze impact on research, removal or rescheduling of analogues, manufacturing/trafficking, criminal charges, and overall efficacy on reducing proliferation of fentanyl-related substances.