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118th Congress Crime and Law Enforcement

H.R. 467: HALT Fentanyl Act

Passed HouseMay 25, 2023

  1. Introduced (completed)Jan 24, 2023
  2. Passed House (completed)May 25, 2023, 289–133
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Passed House, May 25, 2023

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).

Read the full summary

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.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, May 25, 2023

On Passage

Passed 289–133

Yea 289majority 212Nay 133

  • Democrats74 yea, 132 nay
  • Republicans214 yea, 1 nay
  • Independents1 yea, 0 nay

Broke with their party: Susan Wild (D-PA), Jennifer Wexton (D-VA), Gabriel (Gabe) Vasquez (D-NM), Norma Torres (D-CA), Dina Titus (D-NV), Mike Thompson (D-CA), Andrea Salinas (D-OR), Eric Sorensen (D-IL), Emilia Sykes (D-OH) and Hillary Scholten (D-MI) voted Yea; and 65 more

See how all 422 members voted

Showing 435 of 435 members

Yea 289

Republicans (214)

Democrats (74) broke with their party

Independents (1)

Nay 133

Republicans (1) broke with their party

Democrats (132)

Not voting 13

Senate

Not yet voted

Passed the House May 25, 2023. Awaiting Senate action.

Roll calls

2 votes on this bill

Showing 2 of 2 roll calls

  • May 25, 2023HouseOn PassageFinal passagePassed, yea-nay 289–133
    Roll call 237 tally by party
    PartyYeaNayPresentNot voting
    Democrats7413207
    Republicans214106
    Independents1000
    Total289133013

    House roll call 237: On Passage. Passed.

    75 crossed party lines: 74 Democrats, 1 Republican

    How each member voted (435)
  • May 25, 2023HouseH.Amdt. 184, PettersenRejected, yea-nay 190–233
    Roll call 236 tally by party
    PartyYeaNayPresentNot voting
    Democrats1901709
    Republicans021509
    Independents0100
    Total190233018

    House roll call 236: On Agreeing to the Amendment. Failed.

    Amendment by Brittany Pettersen (D-CO)

    17 crossed party lines: 17 Democrats

    How each member voted (441)

Amendments

3 offered

Showing 3 of 3 amendments

  • H.Amdt. 184Brittany Pettersen D-COFailedMay 25, 2023May 25, 2023: On agreeing to the Pettersen amendment (A003) Failed by recorded vote: 190 - 233 (Roll no. 236).
  • H.Amdt. 183Cory Mills R-FLAgreedMay 25, 2023May 25, 2023: On agreeing to the Mills amendment (A002) Agreed to by voice vote.
  • H.Amdt. 182Max Miller R-OHAgreedMay 25, 2023May 25, 2023: On agreeing to the Miller (OH) amendment (A001) Agreed to by voice vote.

Cosponsors

52

Who scored on this bill

892 points earned
  1. 1H. Griffith R-VA SponsorIntroduced, reached a cosponsor milestone, reported, discharged, passed House6 events+86
  2. 2Max Miller R-OH1 amendment offered, 1 agreed2 events+22
  3. 2Cory Mills R-FL1 amendment offered, 1 agreed2 events+22
  4. 4Yadira Caraveo D-CO2 maverick votes2 events+12
  5. 4Angie Craig D-MN2 maverick votes2 events+12
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by H. Griffith

History

  1. May 25, 2023Passed the House, 289–133.
  2. Jan 24, 2023Introduced in the House by H. Griffith.
Show the full action history (37 actions)
  1. May 30, 2023Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. May 25, 2023Considered as unfinished business. (consideration: CR H2602-2605)
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. May 25, 2023Mr. Bucshon moved that the committee rise.
  8. May 25, 2023On motion that the committee rise Agreed to by voice vote.
  9. May 25, 2023Committee of the Whole House on the state of the Union rises leaving H.R. 467 as unfinished business.
  10. May 25, 2023Considered as unfinished business. (consideration: CR H2605-2607)
  11. May 25, 2023The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  12. May 25, 2023The House rose from the Committee of the Whole House on the state of the Union to report H.R. 467.
  13. May 25, 2023The previous question was ordered pursuant to the rule.
  14. 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.
  15. May 25, 2023Passed/agreed to in House: On passage Passed by the Yeas and Nays: 289 - 133 (Roll no. 237).
  16. May 25, 2023On passage Passed by the Yeas and Nays: 289 - 133 (Roll no. 237).
  17. May 25, 2023Motion to reconsider laid on the table Agreed to without objection.
  18. May 24, 2023Considered under the provisions of rule H. Res. 429. (consideration: CR H2579-2587)
  19. 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.
  20. 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.
  21. May 24, 2023The Speaker designated the Honorable Marjorie Taylor Greene to act as Chairwoman of the Committee.
  22. May 24, 2023GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 467.
  23. May 24, 2023Mr. Guthrie moved that the committee rise.
  24. May 24, 2023On motion that the committee rise Agreed to by voice vote.
  25. May 24, 2023Committee of the Whole House on the state of the Union rises leaving H.R. 467 as unfinished business.
  26. 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.
  27. May 17, 2023Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-67, Part I.
  28. May 17, 2023Committee on the Judiciary discharged.
  29. May 17, 2023Placed on the Union Calendar, Calendar No. 47.
  30. Mar 24, 2023Committee Consideration and Mark-up Session Held.
  31. Mar 24, 2023Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 19.
  32. Mar 23, 2023Subcommittee Consideration and Mark-up Session Held.
  33. Mar 8, 2023Subcommittee Consideration and Mark-up Session Held.
  34. Mar 8, 2023Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 17 - 10 .
  35. Jan 24, 2023Introduced in House
  36. 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.
  37. Jan 24, 2023Referred to the Subcommittee on Health.