; (G) the mens rea requirement for the criminal regulatory offense; and (H) the number of prosecutions for the criminal regulatory offense in which the Department of Justice was not required to prove mens rea as a component of the offense. (d) Index Not later than 2 years after the date of enactment of this Act— (1) the Attorney General shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection (b) and make the index available and freely accessible on the website of the Department of Justice; and (2) the head of each Executive agency shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection (c) and make the index available and freely accessible on the website of the agency. (e) Rule of construction Nothing in this section shall be construed to require or authorize appropriations. 109. Fentanyl (a) Controlled Substances Act amendment Section 401(b) of the Controlled Substances Act ( 21 U.S.C. 841(b) ) is amended by adding at the end the following: (8) (A) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, then a court shall— (i) not impose a term of probation