H.R. 467 - HALT Fentanyl Act

Bill Text

    Text of H.R. 467 PDF XML

    (as reported)

    H. Rept. 118-67, Part 1 PDF

    Report from the Committee on Energy and Commerce to accompany H.R. 467

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 9-3 on Monday, May 22, 2023.

FLOOR ACTION ON H. Res. 429:
Agreed to by a record vote of 217-204, after agreeing to the previous question by a record vote of 219-208 on Tuesday, May 23, 2023.

MANAGERS: Burgess/Leger Fernández

1.

Structured rule for H.R. 467.

2.

Waives all points of order against consideration of the bill.

3.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their respective designees.

4.

Provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as adopted and the bill, as amended, shall be considered as read.

5.

Waives all points of order against provisions in the bill, as amended.

6.

Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7.

Waives all points of order against the amendments printed in the report.

8.

Provides one motion to recommit.

9.

Closed rule for S.J. Res. 11.

10.

Waives all points of order against consideration of the joint resolution.

11.

Provides that the joint resolution shall be considered as read.

12.

Waives all points of order against provisions in the joint resolution.

13.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their respective designees.

14.

Provides one motion to commit.

15.

Closed rule for H.J. Res. 45.

16.

Waives all points of order against consideration of the joint resolution.

17.

Provides that the joint resolution shall be considered as read.

18.

Waives all points of order against provisions in the joint resolution.

19.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees.

20.

Provides one motion to recommit.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Grothman (WI), Banks (IN), Gooden (TX), Bacon (NE), Luna (FL)RepublicanReduces the threshold for mandatory minimum penalties for fentanyl-related offenses under the Controlled Substances Act and the Controlled Substances Import and Export Act, and institutes a mandatory minimum penalty for trafficking fentanyl and/or fentanyl-related substances across the southern border.Submitted
2Version 1Miller (OH)RepublicanRequires the Attorney General to issue interim rules to implement this act 6 months after the date of enactment.Made in Order
3Version 1Pappas (NH), Gonzales, Tony (TX), Kaptur (OH), Fitzpatrick (PA), Harder (CA), Keating (MA), Nunn (IA), Swalwell (CA)Bi-PartisanIncreases criminal penalties for someone caught trafficking illegal drugs on the dark web by directing the United States Sentencing Commission to enhance sentencing for those individuals. Strengthens and makes permanent the Joint Criminal Opioid and Darknet Enforcement (J-CODE) task force that leads coordinated international, federal, state, and local efforts to combat drug trafficking on the dark web. Directs the Department of Justice (DOJ), Department of Homeland Security (DHS), and Treasury Department to issue a report to Congress within one year detailing the use of cryptocurrency on the dark web, as well as provide recommendations for how Congress can address the use of virtual currency for opioid trafficking on the dark web.Submitted
4Version 1Pappas (NH), Houlahan (PA), Craig (MN), Trahan (MA), Bera (CA), Harder (CA), Kildee (MI)DemocratSUBSTITUTE Permanently classifies all fentanyl-related substances that are not already scheduled as Schedule I substances under the Controlled Substances Act. Excludes fentanyl-related substances from quantity-based mandatory minimums and would be subject to a sentence of up to 20 years (21 USC 841 b1C). Allows for the removal from Schedule I and rescheduling of any FRS that is found to be less dangerous or addictive than other analogues after a thorough evaluation. Creates a streamlined process to facilitate research of controlled substances in Schedule I to align it more closely with the process for Schedule II research.Submitted
5Version 1Gonzales, Tony (TX)RepublicanAdds the distribution of fentanyl, and fentanyl-analogs, resulting in death to the felony murder statute when the dealer has knowledge or reason to know that the substance which they are dealing contains fentanyl or a fentanyl-analog.Submitted
6Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA)DemocratAdds additional resources for surveillance and seizure activities of fentanyl and fentanyl related substances. It also supports a public health approach to reducing the demand for illicit drugs.Submitted
7Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA), Torres (CA)DemocratEnhances the nation's drug surveillance program, encourages information sharing, and requires a GAO report.Submitted
8Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA)DemocratExpands a grant program to track overdoses by kind of drug, including fentanyl.Submitted
9Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA), Torres (CA)DemocratRequires the Secretary of HHS to carry out a training program for law enforcement on how to accurately detect and handle fentanyl.Submitted
10Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA)DemocratDirects HHS (through CDC and SAMHSA) to improve research into technologies to detect fentanyl and the testing of contaminants.Submitted
11Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA)DemocratEstablishes a new grant program for public health surveillance in forensic laboratories to confront the use of heroin, fentanyl, and associated synthetic drugs.Submitted
12Version 1Kuster (NH), Blunt Rochester (DE), Trone (MD), Trahan (MA)DemocratRequires a report from the Secretary of State on countries that produce synthetic drugs including which countries produce, why they produce, and how to stop the flow of illicit drugs into the United States.Submitted
13Version 1Luetkemeyer (MO)RepublicanAllows the Department of Treasury to utilize its special measure authorities to target and thwart the money laundering facilitating Fentanyl trafficking in foreign jurisdictions. It also provides law enforcement with streamlined and updated Suspicious Activity Reports to follow the money of narcotics trafficking.Submitted
14Version 1Fitzgerald (WI)RepublicanChanges the title of Section 2 to the "Archie Badura Memorial Fentanyl-Related Substance Scheduling."Submitted
15Version 1Cárdenas (CA)DemocratExtends temporary class-wide scheduling for 2 years, requires scientific and medical evaluations of all encountered fentanyl related substances, and directs the Attorney General to notify offenders -- in the event that a fentanyl-related substance is subsequently removed or rescheduled -- about the the effect of the change on their prosecution, conviction, or sentence.Submitted
16Version 1Panetta (CA), Pfluger (TX)Bi-PartisanAdds tianeptine and its salts, isomers, and salts of isomers to Schedule III of the Controlled Substances Act. Prevents the underregulated sale of tianeptine, an opioid receptor agonist with high abuse and dependency potential.Submitted
17Version 3Miller (WV), Harder (CA)Bi-PartisanRevised Directs the Attorney General, acting through the Administrator of the DEA, to submit a report to Congress on the DEA's enforcement of the Controlled Substances Act, including cooperation with local law enforcement in controlling fentanyl-related substances.Revised
18Version 2Craig (MN)DemocratRevised Increases the authorization amount for the State Opioid Response Grants from $1.75 billion to $3.5 billion for each of fiscal years 2023 through 2027.Revised
19Version 2Craig (MN)DemocratRevised Increases the authorization amount of the Substance Abuse Prevention and Treatment Block Grant from $1.9 billion to $3.8 billion for each of fiscal years 2023 through 2027.Revised
20Version 1Santos (NY)RepublicanRequires a comprehensive study assessing the Chinese Communist Party's role in the distribution of fentanyl in the United StatesSubmitted
21Version 1Balint (VT)DemocratDelays the effective date until the Secretary of HHS certifies that the Substance Abuse Treatment and Prevention Block Grant is funded at an adequate level to address the incidence of opioid use disorder in all 50 states and the District of Columbia.Submitted
22Version 1Balint (VT)DemocratDoubles funding for the Substance Abuse Prevention and Treatment Block Grant.Submitted
23Version 1Molinaro (NY)RepublicanAdds a sense of Congress that fentanyl is a dangerous and deadly drug that is making its way into the U.S. as a result of an unsecure southern border, and it is imperative to work with local communities to fight addiction and crack down on illegal drug trade.Submitted
24Version 1Molinaro (NY)RepublicanAdds a sense of Congress that there should be interagency coordination among HHS, DEA, and other relevant agencies to combat the presence of fentanyl in the U.S.Submitted
25Version 1Molinaro (NY)RepublicanAdds a sense of Congress that China is responsible for an overwhelming majority of the fentanyl in the United States.Submitted
26Version 1Molinaro (NY)RepublicanAdds a sense of Congress that HHS' Stop Overdose campaign should include information dissemination of fentanyl analogues.Submitted
27Version 1Molinaro (NY)RepublicanAdds a sense of Congress that the USPS should work with local law enforcement to combat the shipment of drugs laced with fentanyl.Submitted
28Version 1Molinaro (NY)RepublicanAdds a sense of Congress that Naloxone is a vital medication to reverse the effects of an overdose from opioids, including fentanyl.Submitted
29Version 1Molinaro (NY)RepublicanAdds a sense of Congress that specifies that individuals who are charged with possession of fentanyl should be made aware of appropriate addiction treatment service options.Submitted
30Version 2Mills (FL)RepublicanRevised Adds the Department of Defense as one of the agencies to be included in the research on fentanyl as a schedule 1 drug and requires the OIG of the DOJ to complete and submit a study on its findings.Made in Order
31Version 1Molinaro (NY)RepublicanRequires GAO to conduct a study, within two years of enactment, on suggested actions to promote evidence-based methods to reduce fentanyl overdose.Submitted
32Version 2Lee (NV), Fitzpatrick (PA)Bi-PartisanRevised Requires a report on how to best protect children and youth from drugs containing illicit fentanyl and fentanyl-related substances.Revised
33Version 1Lee (NV)DemocratDirects the Attorney General to take steps to make data collected on the price and purity of drugs publicly accessible.Submitted
34Version 1Molinaro (NY)RepublicanAdds a sense of Congress that post-conviction rehabilitative services should be provided to those affected by opioid addiction.Submitted
35Version 1James (MI)RepublicanAllows for local law enforcement agencies to be reimbursed or to hire extra officers for providing their law enforcement officers to assist federal law enforcement with any federal criminal or drug enforcement operations.Submitted
36Version 1Joyce (OH), Trone (MD), Dean (PA), Craig (MN), Lawler (NY), Fitzpatrick (PA), Jackson Lee (TX)Bi-PartisanAmends the Omnibus Crime Control and Safe Streets Act of 1968 to permit eligible entities to receive federal funding to provide training and resources for first responders on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances, and to purchase such containment devices for use by first responders.Submitted
37Version 1Joyce (OH), Spanberger (VA), Fitzpatrick (PA), D'Esposito (NY), Miller (OH), Jackson Lee (TX)Bi-PartisanProvides grants to state, local, territorial, and tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers from illicit substances.Submitted
38Version 1Schiff (CA)DemocratProvides additional funding for nonintrusive inspection technology at US ports of entry to detect and interdict the trafficking of fentanyl.Submitted
39Version 1Burchett (TN), Fallon (TX), Fitzpatrick (PA)RepublicanAmends the Controlled Substances Act to impose a life sentence on any individual knowingly trafficking fentanyl.Submitted
40Version 1Schiff (CA), Torres (CA)DemocratAuthorizes additional funding to provide trauma-informed mental health services to first responders and health care workers who treat individuals who experience, or die as a result of, an overdose.Submitted
41Version 1Schiff (CA)DemocratAuthorizes additional funding to establish a public health education and awareness campaign providing evidence-based information to local law enforcement agencies regarding best practices for first responders who come in contact with fentanyl or an individual using fentanyl.Submitted
42Version 1Blunt Rochester (DE), Kuster (NH), Trone (MD), Trahan (MA)DemocratRequires the Comptroller General of the United States to submit to the Congress a report reviewing the impact of High Intensity Drug Trafficking Areas program on illicit fentanyl and fentanyl-related substances imported through international mail and cargo,Submitted
43Version 1Blunt Rochester (DE), Kuster (NH), Trone (MD), Trahan (MA)DemocratRequires the Secretary to award grants to States and local governments to provide education to stakeholders on the current state of research on treatment for opioid use disorder.Submitted
44Version 1Blunt Rochester (DE), Kuster (NH), Trone (MD), Trahan (MA)DemocratRequires a GAO study on actions that may be taken to ensure appropriate access and affordability of naloxone for individuals seeking to purchase naloxone.Submitted
45Version 1Blunt Rochester (DE), Kuster (NH), Trone (MD), Trahan (MA)DemocratExempts opioid antagonists indicated for emergency treatment of opioid overdose, such as naloxone, from certain Drug Supply Chain Security Act (DSCSA) requirements to facilitate the effective distribution of these lifesaving products.Submitted
46Version 1Blunt Rochester (DE), Kuster (NH), Trone (MD), Trahan (MA)DemocratRequires the Secretary to award grants to States and political subdivisions of States to support the delivery of overdose prevention services.Submitted
47Version 1Blunt Rochester (DE), Kuster (NH), Trone (MD), Trahan (MA)DemocratLimits civil and criminal liability under specified laws for people who administer opioid overdose reversal medication in good faith.Submitted
48Version 1Pettersen (CO)DemocratDirects the Secretary of Health and Human Services and the Attorney General to conduct a public awareness campaign on the dangers of fentanylSubmitted
49Version 1Pettersen (CO)DemocratPrevents this bill from taking effect until the Secretary of Health and Human Services and the Attorney General each certify that this bill will lead to a reduction in overdose deaths.Made in Order
50Version 1Pettersen (CO)DemocratRequires the Administrator of the Drug Enforcement Administration to annually complete a study on the number of fentanyl-related substances encountered by the Drug Enforcement Administration.Submitted
51Version 1Grothman (WI)RepublicanDirects the Secretary of Homeland Security to issue a report on the prevalence of fentanyl trafficking between ports of entry with recommendations for how Congress can empower DHS to combat such trafficking.Submitted
52Version 1Pettersen (CO)DemocratExempts individuals who have been diagnosed with a substance use disorder or an opioid use disorder from mandatory minimum sentencing applicable to the possession of fentanyl-related substances.Submitted
53Version 1Pettersen (CO)DemocratAdds text of H.R. 2616 Stop the Import of Fentanyl Act to the base text. This legislation creates the National Center to Stop the Import of Illicit Synthetic Drugs within the Drug Enforcement Administration.Submitted
54Version 1Huizenga (MI)RepublicanRequires the Administrator of the Drug Enforcement Administration to submit to Congress a report on where additional Operation Engage Divisions needs to be established and what funds are necessary to establish the additional Operation Engage Divisions identified.Submitted
55Version 1Blunt Rochester (DE), Kuster (NH)DemocratWithdrawn Requires the Secretary to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to report on overdose prevention centers. This report will include the identification of barriers to operating overdose prevention centers, a compilation of the data available to measure effectiveness of overdose prevention centers on preventing and reducing regional rates of overdose deaths, and practices utilized at overdose prevention centers to improve access to medication for opioid use disorder and recovery services.Withdrawn
56Version 1Blunt Rochester (DE)DemocratRequires HHS to certify that the SOR program has enough funding to address the incidence of opioid use disorder prior to H.R. 467 taking effect.Submitted
57Version 1Buchanan (FL), Johnson (OH)RepublicanRequires a GAO study on the availability of naloxone in all public schools and police and fire stations.Submitted
58Version 1Buchanan (FL)RepublicanRequires a GAO study on the prevalence of fentanyl-tainted marijuana.Submitted
59Version 1Crockett (TX), Gooden (TX), Allred (TX)Bi-PartisanCreates a new exception under 21 U.S.C. 863(f) that exempts the possession, sale, or purchase of fentanyl drug testing equipment, including fentanyl test strips from constituting drug paraphernalia.Submitted
60Version 1Buchanan (FL), Johnson (OH), Miller (WV)RepublicanIncreases the penalties for reckless disregard when distributing fentanyl of the probability that it will be accessible to a person under 21 years of age.Submitted
61Version 1Buchanan (FL), Kuster (NH)Bi-PartisanRequires the Department of Defense to maintain a prescription drop box on each military installation.Submitted
62Version 1Ryan (NY)DemocratDirects the Department of Justice to submit a report to Congress evaluating the addition of xylazine to the schedule of controlled substances.Submitted
63Version 1Buchanan (FL), Connolly (VA)Bi-PartisanInserts the text of the Veteran Overmedication and Suicide Prevention Act.Submitted
64Version 1Pettersen (CO)DemocratRequires the Department of Treasury to submit a report to Congress on how to regulate the sale of illicit drugs like fentanyl on social media platforms and peer to peer payment apps.Submitted
65Version 1Lee (FL)RepublicanAmends the bill to assist law enforcement in collecting information on fentanyl and fentanyl like substances by increasing training for state and local law enforcement officers, updating systems used for drug tracing, and provide federal grants for the training and resources for containment devices to stop secondary exposure for first responders.Submitted
66Version 2Pettersen (CO)DemocratRevised Authorizes the Secretary of HHS to submit a scientific determination to the Attorney General to reschedule or remove a Fentanyl Related Substance.Revised
67Version 1Landsman (OH)DemocratRequires a report on a national strategy to address the illegal importation of fentanyl into the United States, including as it relates to Mexican drug cartels’ involvement in such importation.Submitted
68Version 1Greene (GA)RepublicanImposes the death penalty for anyone who knowingly imports fentanyl or fentanyl-related substances across the southern border.Submitted
69Version 1Rosendale (MT)RepublicanLate Directs the Attorney General, acting through the Administrator of the DEA, to submit a report to Congress on how the DEA works with local law enforcement to identify persons trafficking in fentanyl-related substances and disrupt such trafficking, including with respect to large trafficking networks. Specifically including China and the Cartels.Submitted
70Version 1Vasquez (NM)DemocratLate Provides $305 million to DHS for non-intrusive inspection technology to stop fentanyl smuggling at ports of entry.Submitted
71Version 1Fry (SC)RepublicanLate Requires the GAO to conduct a study, within one year of enactment, on the economic and fiscal impact of the fentanyl crisis on taxpayers.Submitted
72Version 1Buck (CO)RepublicanLate Implements new penalties for counterfeit pills containing fentanyl.Submitted
73Version 1Guest (MS)RepublicanLate Adds the text of the END FENTANYL Act, which would require Customs and Border Protection (CBP) to update its manuals at least every three years to identify ways to help prevent drug and human smuggling activity through ports of entry. It also would require the CBP Commissioner to report any changes that are made to the House Committee on Homeland Security and the Senate Homeland Security and Government Affairs Committee.Submitted
74Version 1Boebert (CO)RepublicanLate Requires the Attorney General to conduct a study on the impacts of on-the-job exposure to fentanyl by police officers and report the findings to Congress.Submitted
75Version 1Boebert (CO)RepublicanLate Classifies fentanyl as a weapon of mass destruction.Submitted
76Version 1Boebert (CO)RepublicanLate Requires HHS to conduct a study on the amount of fentanyl crossing the southern border and report these findings to Congress.Submitted
77Version 1Boebert (CO)RepublicanLate Authorizes HHS & the Attorney General to conduct a public awareness campaign on the dangers of fentanyl mixed with xylazine.Submitted
78Version 1Boebert (CO)RepublicanLate Requires the DEA to publicly disclose the number of deaths from fentanyl overdoses from ages 18–45-year-olds on their website.Submitted
79Version 2Malliotakis (NY)RepublicanLate Revised Prohibits federal funds from being made available to a state, local, tribal, or private entity that operates or controls an injection center (i.e., a medically supervised injection site).Revised
80Version 2Peltola (AK)DemocratLate Revised Recognizing that the fentanyl crisis in the United States disproportionately impacts American Indian and Alaska Native communities.Revised
81Version 1Vasquez (NM), Fitzpatrick (PA)Bi-PartisanLate Establishes the Joint Task Force to Combat Opioid Trafficking at DHS.Submitted
82Version 1Magaziner (RI)DemocratLate Requires the Department of State to report on countries that do not have measures in place to address fentanyl-related substances and provide recommendations for how to increase cooperation with those countries.Submitted
83Version 1Gaetz (FL)RepublicanLate Deschedules marijuana.Submitted
84Version 1Jackson Lee (TX)DemocratLate Withdrawn Adds language to create a Comprehensive Opioid Abuse Grant Program.Withdrawn
85Version 1Jackson Lee (TX)DemocratLate Withdrawn Adds language to enhance law enforcement efforts by increasing resources and interagency coordination.Withdrawn
86Version 1Jackson Lee (TX)DemocratLate Withdrawn Adds language for the prevention and treatment of fentanyl laced substance use.Withdrawn
87Version 1Jackson Lee (TX)DemocratLate Withdrawn Adds language to provide a sense of Congress to address fentanyl deaths.Withdrawn
88Version 1Jackson Lee (TX)DemocratLate Withdrawn Adds language to direct HHS to conduct research on fentanyl-laced substances.Withdrawn

Committee Votes

Rules Committee Record Vote No. 56

Motion by Ms. Scanlon to amend the rule to make in order amendment #59 to H.R. 467, offered by Representative Crockett, which exempts the possession, sale, or purchase of fentanyl drug testing equipment from constituting as drug paraphernalia. Defeated: 3–9

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
No Vote
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 57

Motion by Ms. Leger Fernández to amend the rule to make in order amendment #4 to H.R. 467, offered by Representative Pappas, which strikes the text of the bill and inserts the Save Americans from the Fentanyl Emergency Act. Defeated: 3–9

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
No Vote
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 58

Motion by Ms. Leger Fernández to make in order amendment #66 to H.R. 467, offered by Representative Pettersen, which authorizes the Secretary of HHS to submit a scientific determination to the Attorney General to reschedule or remove a Fentanyl Related Substance. Defeated: 3–9

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
Nay
Minority Member
Vote
Mr. McGovern
No Vote
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 59

Motion by Mr. Burgess to report the rule. Adopted: 9–3

Majority Member
Vote
Mr. Burgess
Yea
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Mr. Massie
Yea
Mr. Norman
Yea
Mr. Roy
Yea
Mrs. Houchin
Yea
Mr. Langworthy
Yea
Mr. Cole, Chairman
Yea
Minority Member
Vote
Mr. McGovern
No Vote
Ms. Scanlon
Nay
Mr. Neguse
Nay
Ms. Leger Fernández
Nay