HALT Fentanyl Act
Latest action · May 30, 2023 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 24, 2023
- Passed HouseMay 25, 2023
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act
This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.
(The temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances into schedule I of the Controlled Substances Act expires on December 31, 2024.)
Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term).
Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration.
The bill also makes several other changes to registration requirements for conducting research with controlled substances, including
- permitting a single registration for related research sites in certain circumstances,
- waiving the requirement for a new inspection in certain situations, and
- allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.
Finally, the bill expresses the sense that Congress agrees with the interpretation of Controlled Substances Act in United States v. McCray, a 2018 case decided by the U.S. District Court for the Western District of New York. In that case, the court held that butyryl fentanyl, a controlled substance, can be considered an analogue of fentanyl even though, under the Controlled Substances Act, the term controlled substance analogue specifically excludes a controlled substance.
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 237 | On Passage | Passed289–133 | May 25, 2023 |
| House 236 | On Agreeing to the Amendment | Failed190–233 | May 25, 2023 |
Cosponsors 52
Members who signed on, in the order they did. Signatures ran from Jan 24, 2023 to May 17, 2023; 24 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-WV | Alexander X. Mooney | Original | Jan 24, 2023 |
| R-KY | Brett Guthrie | Original | Jan 24, 2023 |
| R-WA | Cathy McMorris Rodgers | Original | Jan 24, 2023 |
| R-TX | Dan Crenshaw | Original | Jan 24, 2023 |
| R-TN | Diana Harshbarger | Original | Jan 24, 2023 |
| R-GA | Earl L. "Buddy" Carter | Original | Jan 24, 2023 |
| R-AL | Gary J. Palmer | Original | Jan 24, 2023 |
| R-FL | Gus M. Bilirakis | Original | Jan 24, 2023 |
| R-SC | Jeff Duncan | Original | Jan 24, 2023 |
| R-IN | Jim Banks | Original | Jan 24, 2023 |
| R-PA | John Joyce | Original | Jan 24, 2023 |
| R-UT | John R. Curtis | Original | Jan 24, 2023 |
| R-FL | Kat Cammack | Original | Jan 24, 2023 |
| R-IN | Larry Bucshon | Original | Jan 24, 2023 |
| R-IA | Mariannette Miller-Meeks | Original | Jan 24, 2023 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Jan 24, 2023Markup Mar 24, 2023Reported May 17, 2023 |
| Health Subcommittee | Referred Jan 24, 2023Markup Mar 8, 2023Reported Mar 8, 2023Markup Mar 23, 2023 | |
| House | Judiciary Committee | Referred Jan 24, 2023Discharged May 17, 2023 |
| Senate | Judiciary Committee | Referred May 30, 2023 |
Actions 36
Everything that happened, newest first.
- May 30, 2023Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- May 25, 2023Considered as unfinished business. (consideration: CR H2602-2605)
- May 25, 2023DEBATE - Pursuant to the provisions of H. Res. 429, the Committee of the Whole proceeded with 10 minutes of debate on the Miller (OH) amendment No. 1.
- May 25, 2023DEBATE - Pursuant to the provisions of H. Res. 429, the Committee of the Whole proceeded with 10 minutes of debate on the Mills amendment No. 2.
- May 25, 2023DEBATE - Pursuant to the provisions of H. Res. 429, the Committee of the Whole proceeded with 10 minutes of debate on the Pettersen amendment No. 3.
- May 25, 2023POSTPONED PROCEEDINGS - At the conclusion of debate on the Pettersen amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
- May 25, 2023Mr. Bucshon moved that the committee rise.
- May 25, 2023On motion that the committee rise Agreed to by voice vote.
- May 25, 2023Committee of the Whole House on the state of the Union rises leaving H.R. 467 as unfinished business.
- May 25, 2023Considered as unfinished business. (consideration: CR H2605-2607)
- May 25, 2023The House resolved into Committee of the Whole House on the state of the Union for further consideration.
- May 25, 2023The House rose from the Committee of the Whole House on the state of the Union to report H.R. 467.
- May 25, 2023The previous question was ordered pursuant to the rule.
- May 25, 2023The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
- May 25, 2023Passed/agreed to in House: On passage Passed by the Yeas and Nays: 289 - 133 (Roll no. 237).
- May 25, 2023Motion to reconsider laid on the table Agreed to without objection.
- May 24, 2023Considered under the provisions of rule H. Res. 429. (consideration: CR H2579-2587)
- May 24, 2023Rule provides for consideration of H.R. 467, S.J. Res. 11 and H.J. Res. 45. The resolution provides for consideration of H.R. 467 under a structured rule with one of hour of general debate. S.J. Res. 11 and H.J. Res. 45 are considered under closed rules with one hour of general debate. Motion to recommit provided on H.R. 467 and H.J. Res. 45, and one motion to commit on S.J. Res. 11.
- May 24, 2023House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 429 and Rule XVIII.
- May 24, 2023The Speaker designated the Honorable Marjorie Taylor Greene to act as Chairwoman of the Committee.
- May 24, 2023GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 467.
- May 24, 2023Mr. Guthrie moved that the committee rise.
- May 24, 2023On motion that the committee rise Agreed to by voice vote.
- May 24, 2023Committee of the Whole House on the state of the Union rises leaving H.R. 467 as unfinished business.
- May 22, 2023Rules Committee Resolution H. Res. 429 Reported to House. Rule provides for consideration of H.R. 467, S.J. Res. 11 and H.J. Res. 45. The resolution provides for consideration of H.R. 467 under a structured rule with one of hour of general debate. S.J. Res. 11 and H.J. Res. 45 are considered under closed rules with one hour of general debate. Motion to recommit provided on H.R. 467 and H.J. Res. 45, and one motion to commit on S.J. Res. 11.
- May 17, 2023Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-67, Part I.
- May 17, 2023Committee on the Judiciary discharged.
- May 17, 2023Placed on the Union Calendar, Calendar No. 47.
- Mar 24, 2023Committee Consideration and Mark-up Session Held.
- Mar 24, 2023Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 19.
- Mar 23, 2023Subcommittee Consideration and Mark-up Session Held.
- Mar 8, 2023Subcommittee Consideration and Mark-up Session Held.
- Mar 8, 2023Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 17 - 10 .
- Jan 24, 2023Introduced in House
- Jan 24, 2023Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Jan 24, 2023Referred to the Subcommittee on Health.
In the Congressional Record 8
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S3695, S3696 | Bill Cassidy R-LA, Edward J. Markey D-MA | May 15, 2024 |
| House | Debate and remarks H136 | John Joyce R-PA | Jan 16, 2024 |
| House | Debate and remarks H6745 | John Joyce R-PA | Dec 11, 2023 |
| House | Debate and remarks H4353 | John Joyce R-PA | Sep 18, 2023 |
| House · Extensions | Debate and remarks E494, E496, E498, H2602–H2606, H2625Amendments H2603, H2604Recorded votes H2605, H2606enactPettersen amendment (certify that making permanent scheduling of fentanyl-related substances will lead to reduction in overdose deaths) | Ben Cline R-VA, Betty McCollum D-MN, Brittany Pettersen D-CO (amendment), Cory Mills R-FL (amendment), Kevin Kiley R-CA, Larry Bucshon R-IN, Max L. Miller R-OH (amendment), Scott Fitzgerald R-WI, Val T. Hoyle D-OR | May 25, 2023 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- May 18, 2023H.R. 467, HALT Fentanyl ActAs ordered reported by the House Committee on Energy and Commerce on March 24, 2023
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 118-2 | LIVES WORTH LIVING: ADDRESSING THE FENTANYL CRISIS, PROTECTING CRITICAL LIFELINES, AND COMBATING DISCRIMINATION AGAINST THOSE WITH DISABILITIES322 pages | Energy and Commerce Committee | Feb 1, 2023 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R47572 | Comparison of Proposed Legislation Concerning Fentanyl-Related Substances | Report | May 24, 2023 |
Amendments 3
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 182 | An amendment numbered 1 printed in House Report 118-76 to require the Attorney General to issue interim rules to implement this act 6 months after the date of enactment. | Max L. Miller R-OH | On agreeing to the Miller (OH) amendment (A001) Agreed to by voice vote. |
| HAmdt 183 | An amendment numbered 2 printed in House Report 118-76 to add the Department of Defense as one of the agencies to be included in the research on fentanyl as a schedule 1 drug and require the OIG of the DOJ to complete and submit a study on its findings. | Cory Mills R-FL | On agreeing to the Mills amendment (A002) Agreed to by voice vote. |
| HAmdt 184 | Amendment sought to prevent H. R. 467 from taking effect until the Secretary of Health and Human Services and the Attorney General each certify that H. R. 467 will lead to a reduction in overdose deaths. | Brittany Pettersen D-CO | On agreeing to the Pettersen amendment (A003) Failed by recorded vote: 190 - 233 (Roll no. 236). |
Related bills 8
Companion bills and other measures the record links to this one.
Titles 9
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes.
- Short Title(s) as Introduced
- HALT Fentanyl Act
- Halt All Lethal Trafficking of Fentanyl Act
- Short Title(s) as Reported to House
- HALT Fentanyl Act
- Halt All Lethal Trafficking of Fentanyl Act
- Short Title(s) as Passed House
- HALT Fentanyl Act
- Halt All Lethal Trafficking of Fentanyl Act
- Short Titles from RFS (Referred to Senate) bill text
- HALT Fentanyl Act
- Halt All Lethal Trafficking of Fentanyl Act
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
Text 4
Each version as it was printed, newest first.
- May 30, 2023Referred in Senate
- May 25, 2023Engrossed in House
- May 17, 2023Reported in House
- Jan 24, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
