H.R. 467 · 118th Congress · House

HALT Fentanyl Act

In Congress· Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Introduced
Jan 24, 23
Passed House
May 25, 23
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive 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.

Previous Versions

08May 17, 2023

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.

00Jan 24, 2023

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act

This bill 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.

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.

Action Timeline

42
  1. MAY 30, 2023IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. MAY 25, 2023Floor

    Considered as unfinished business

    (consideration: CR H2602-2605)

    2602Yea
    2605Nay
    0NV
  3. MAY 25, 2023Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  4. MAY 25, 2023Floor

    DEBATE - 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.

  5. MAY 25, 2023Floor

    DEBATE - 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.

  6. MAY 25, 2023Floor

    DEBATE - 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.

  7. MAY 25, 2023Floor

    POSTPONED 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.

  8. MAY 25, 2023Floor

    Mr

    Bucshon moved that the committee rise.

  9. MAY 25, 2023Floor

    On motion that the committee rise Agreed to by voice vote.

  10. MAY 25, 2023Floor

    Committee of the Whole House on the state of the Union rises leaving H.R

    467 as unfinished business.

  11. MAY 25, 2023Floor

    Considered as unfinished business

    (consideration: CR H2605-2607)

    2605Yea
    2607Nay
    0NV
  12. MAY 25, 2023Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  13. MAY 25, 2023Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 467.

  14. MAY 25, 2023Floor

    The previous question was ordered pursuant to the rule.

  15. MAY 25, 2023Floor

    The 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.

  16. MAY 25, 2023Floor

    Passed/agreed to in House

    Roll Call #237

    On passage Passed by the Yeas and Nays: 289 - 133 (Roll no. 237).

    289Yea
    133Nay
    0NV
  17. MAY 25, 2023Floor

    On passage Passed by the Yeas and Nays

    Roll Call #237

    289 - 133 (Roll no. 237).

    289Yea
    133Nay
    0NV
  18. MAY 25, 2023Floor

    Motion to reconsider laid on the table Agreed to without objection.

  19. MAY 24, 2023Floor

    Considered under the provisions of rule H

    Res. 429. (consideration: CR H2579-2587)

    2579Yea
    2587Nay
    0NV
  20. MAY 24, 2023Floor

    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.

  21. MAY 24, 2023Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 429 and Rule XVIII.

  22. MAY 24, 2023Floor

    The Speaker designated the Honorable Marjorie Taylor Greene to act as Chairwoman of the Committee.

  23. MAY 24, 2023Floor

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 467.

  24. MAY 24, 2023Floor

    Mr

    Guthrie moved that the committee rise.

  25. MAY 24, 2023Floor

    On motion that the committee rise Agreed to by voice vote.

  26. MAY 24, 2023Floor

    Committee of the Whole House on the state of the Union rises leaving H.R

    467 as unfinished business.

  27. MAY 22, 2023Floor

    Rules 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.

  28. MAY 17, 2023Committee

    Reported (Amended) by the Committee on Energy and Commerce

    H. Rept. 118-67, Part I.

    118Yea
    67Nay
    0NV
  29. MAY 17, 2023Committee

    Reported (Amended) by the Committee on Energy and Commerce

    H. Rept. 118-67, Part I.

    118Yea
    67Nay
    0NV
  30. MAY 17, 2023Committee

    Committee on the Judiciary discharged.

  31. MAY 17, 2023Discharge

    Committee on the Judiciary discharged.

  32. MAY 17, 2023Calendars

    Placed on the Union Calendar, Calendar No. 47.

  33. MAR 24, 2023Committee

    Committee Consideration and Mark-up Session Held.

  34. MAR 24, 2023Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 19.

    27Yea
    19Nay
    0NV
  35. MAR 23, 2023Committee

    Subcommittee Consideration and Mark-up Session Held.

  36. MAR 08, 2023Committee

    Subcommittee Consideration and Mark-up Session Held.

  37. MAR 08, 2023Committee

    Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 17 - 10 .

    17Yea
    10Nay
    0NV
  38. JAN 24, 2023IntroReferral

    Introduced in House

  39. JAN 24, 2023IntroReferral

    Introduced in House

  40. JAN 24, 2023IntroReferral

    Referred 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.

  41. JAN 24, 2023IntroReferral

    Referred 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.

  42. JAN 24, 2023Committee

    Referred to the Subcommittee on Health.

Committees

10

Judiciary Committee

ssju00

Referred: May 30, 2023

Active

Judiciary Committee

hsju00

Referred: May 17, 2023

Active

Energy and Commerce Committee

hsif00

Referred: May 17, 2023

Active

Energy and Commerce Committee

hsif00

Referred: Mar 24, 2023

Active

Health Subcommittee

hsif14

Referred: Mar 23, 2023

Active

Health Subcommittee

hsif14

Referred: Mar 8, 2023

Active

Health Subcommittee

hsif14

Referred: Mar 8, 2023

Active

Health Subcommittee

hsif14

Referred: Jan 24, 2023

Active

Judiciary Committee

hsju00

Referred: Jan 24, 2023

Active

Energy and Commerce Committee

hsif00

Referred: Jan 24, 2023

Active