HR830119th Congress

SAFE Act

Sponsored By: Representative Pappas, Chris [D-NH-1]

Introduced

Summary

This bill would create a permanent, class-wide Schedule I category for fentanyl-related substances and define those substances by common chemical changes. It would also set a formal HHS–Attorney General process to remove or reschedule specific substances and change criminal and research rules.

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  • People involved in trafficking and import/export face updated thresholds that explicitly include fentanyl-related substances, using the 400-gram and 40-gram tiers for higher and lower trafficking levels. The bill also says fentanyl-related substances are not subject to quantity-based mandatory minimum penalties.
  • Researchers and institutions get an alternative, faster registration pathway, single registrations for related local sites, and rules allowing continuation of studies when a substance is newly scheduled; some agency responses are set at 30 or 45 days. Limited manufacturing for research is allowed without a separate manufacturing registration when described in filings.
  • Courts could vacate or reduce sentences for convictions tied to substances later removed or rescheduled, and resentencing can occur without the defendant present. The bill would require a Government Accountability Office report within 4 years to evaluate the class scheduling approach and its effects on research and trafficking.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Faster review and relief for fentanyl

HHS would be able to do a scientific review and say a fentanyl‑related substance has lower abuse risk. If HHS makes that finding, DOJ would have 90 days to remove it from Schedule I or move it to a lower schedule, after a 30‑day notice. Anyone filing a petition to remove or reschedule a fentanyl‑related substance would have that petition sent to HHS within 30 days. People convicted of offenses involving a substance that is later moved below Schedule II or removed could ask the court to cut or vacate their sentence; the judge would decide using normal sentencing factors, and a new hearing could happen without the person present. These steps would also apply to import/export cases.

New class rules for fentanyl-like drugs

The bill would create a new class in Schedule I for fentanyl‑related substances that match a set of chemical changes. The Attorney General would publish identified substances within 60 days, but a drug could still be controlled even if not yet listed. It would set trafficking weight cutoffs: 400g of fentanyl (aggravated) or 40g (lesser), and 100g or 10g for certain controlled analogues. Those numeric cutoffs would not apply to the class‑scheduled fentanyl‑related substances in the new Schedule I(e). The same weight rules would also apply to import and export cases.

Easier research rules for Schedule I drugs

Researchers already registered could start listed Schedule I or II studies 30 days after sending a notice, and the Attorney General would have 45 days to register or issue an order for new applicants. Authorized agents could work under a lead researcher’s registration, and small‑batch manufacturing for research would be allowed without a separate manufacturing registration (not including growing marijuana). If a substance is newly put into Schedule I, current registered researchers could keep working while filing a complete application within 90 days; any requested hearing would be fast, usually within 45 days. Adding a new drug in the same or higher‑numbered schedule would not require a new on‑site inspection by default. One registration could cover multiple sites in the same city or county, and the Attorney General would have to post when special rules apply to certain controlled substances.

One-year deadline for drug-control rules

The Attorney General would have to issue rules to carry out this bill within one year. The Attorney General could issue interim final rules that take effect right away, while still allowing public comments and hearing requests. A final rule would then follow under normal rulemaking.

Sponsors & CoSponsors

Sponsor

Pappas, Chris [D-NH-1]

NH • D

Cosponsors

  • Rep. Salazar, Maria Elvira [R-FL-27]

    FL • R

    Sponsored 1/31/2025

  • Rep. Newhouse, Dan [R-WA-4]

    WA • R

    Sponsored 1/31/2025

  • Rep. Crow, Jason [D-CO-6]

    CO • D

    Sponsored 2/4/2025

  • Rep. Houlahan, Chrissy [D-PA-6]

    PA • D

    Sponsored 2/4/2025

  • Rep. Figures, Shomari [D-AL-2]

    AL • D

    Sponsored 2/4/2025

  • Rep. Craig, Angie [D-MN-2]

    MN • D

    Sponsored 2/4/2025

  • Rep. McClellan, Jennifer L. [D-VA-4]

    VA • D

    Sponsored 2/4/2025

  • Rep. Budzinski, Nikki [D-IL-13]

    IL • D

    Sponsored 2/4/2025

  • Rep. Olszewski, Johnny [D-MD-2]

    MD • D

    Sponsored 2/4/2025

  • Rep. Peters, Scott H. [D-CA-50]

    CA • D

    Sponsored 2/4/2025

  • Rep. Connolly, Gerald E. [D-VA-11]

    VA • D

    Sponsored 2/5/2025

  • Rep. Cisneros, Gilbert Ray [D-CA-31]

    CA • D

    Sponsored 2/6/2025

  • Rep. Davids, Sharice [D-KS-3]

    KS • D

    Sponsored 2/7/2025

  • Rep. Ruiz, Raul [D-CA-25]

    CA • D

    Sponsored 2/24/2025

  • Rep. Bera, Ami [D-CA-6]

    CA • D

    Sponsored 2/25/2025

  • Rep. Fitzpatrick, Brian K. [R-PA-1]

    PA • R

    Sponsored 3/10/2025

  • Rep. Magaziner, Seth [D-RI-2]

    RI • D

    Sponsored 11/17/2025

Roll Call Votes

No roll call votes available for this bill.

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