This week, U.S. Rep. Chris Pappas (NH-01), alongside Congressman Dan Newhouse (WA-04) and Congresswoman Maria Salazar (FL-27), announced the reintroduction of the bipartisan Save Americans from the Fentanyl Emergency Act or SAFE Act. This legislation would permanently schedule all fentanyl-related substances (FRS) as Schedule I drugs to ensure law enforcement can keep them off the streets.

On February 6, 2018, the Drug Enforcement Administration (DEA) issued a temporary scheduling order (TSO) that placed FRS (as a class) in Schedule I under the Controlled Substances Act for two years. Following Pappas’s leadership, Congress has extended the TSO several times, and the scheduling of these substances is currently set to expire on March 31, 2025.

“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 that will save lives and bring traffickers to justice, and call on leadership to bring these measures to the floor well in advance of the March 31 deadline.”

“We commend Congressman Pappas for continuing to champion this issue and reintroducing the SAFE Act to stop fentanyl and fentanyl-related substances from killing our citizens at an alarming rate. Law enforcement must be able to use every possible tool in their arsenal to stop the flow of drugs into our communities, and ensuring the proper scheduling of fentanyl-related substances is an essential key to this work,” said Sheriff Kieran Donahue, President, National Sheriffs’ Association.

“Communities across the United States continue to be devasted by the fentanyl crisis, and it is incumbent upon us to give law enforcement the resources they need to get it under control. Permanently scheduling fentanyl analogues as Schedule I substances is a critical step in cracking down on the distribution of these deadly opioids. If we can get the border under control, stop China from manufacturing precursors, and permanently schedule these substances, then we have a real shot at relieving the impact this crisis has on our communities,” said Congressman Newhouse.

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 substance