1. Short title This Act may be cited as the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2023 or the TEST Act . 2. Findings Congress finds the following: (1) Passed in 1970, the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) created 5 schedules for controlled substances. To schedule a substance, the Drug Enforcement Administration must make a finding of the potential for abuse and currently accepted medical use of the substance. (2) Under section 201(b) of the Controlled Substances Act ( 21 U.S.C. 811(b) ), the Attorney General must request a scheduling recommendation from the Secretary of Health and Human Services based on an 8-factor medical and scientific analysis. (3) The Secretary is required to return a recommendation to the Attorney General within a reasonable amount of time and the recommendation shall be binding on the Attorney General as to scientific and medical matters. (4) The scientific and medical evaluation conducted by the Secretary is necessary to understand the characteristics of any substance, including whether the substance may be harmful, harmless, or have potential medical uses. (5) Since October 2016, the Drug Enforcement Administration has identified 36 fentanyl-related substances to be scheduled pursuant to section 201(b) of the Controlled Substances Act ( 21 U.S.C. 811(b) ). (6) As of April 2023, of the 36 fentanyl-related substances described in paragraph (5), 24 have been subjected to scientific and medical analysis. There remain 12 fentanyl-related substances for which the Drug Enforcement Administration has yet to begin or complete a scientific medical evaluation. (7) In the midst of the fentanyl crisis that is ravaging communities across the United States, it is imperative that the Federal Government analyze and study fentanyl-related substances expeditiously and that the scientific community be able to research these substances in order to develop life-saving antidotes and treatments. The most promising life-saving antidotes and treatments for