H.R. 7970 — STOP Nitazenes Act

This section adds to Schedule I of the Controlled Substances Act a new subcategory (f) permanently scheduling any material, compound, mixture, or preparation containing a 2-benzylbenzimidazole opioid (i.e., nitazenes)—including 11 specifically named substances (e.g., etonitazene, clonitazene, protonitazene)—or its salts, isomers, or salts of isomers that are structurally related, exhibit mu-opioid receptor agonist activity, or meet defined substitution criteria at specified molecular positions. It further deems permanently scheduled, as of enactment, any such substances previously placed in Schedule I on a temporary basis under emergency authority (21 U.S.C. 811(h)), and authorizes the Attorney General to publish a Federal Register list of qualifying substances by order.

This section directs the Attorney General to issue rules implementing the Act and its amendments not later than one year after enactment, which may be issued as an interim final rule. Such an interim final rule becomes effective immediately without a good cause finding (notwithstanding the exception in 5 U.S.C. §553(b)(B), which otherwise permits agencies to forgo notice-and-comment rulemaking when notice is impracticable, unnecessary, or contrary to the public interest). (1) The interim final rule must allow for public comment and requests for hearing; and (2) following those proceedings, the Attorney General must issue a final rule in accordance with 5 U.S.C. §553.