HR 467 "Halt Fentanyl" Act Passes Congress

Verbiage from the bill,  was introduced January 24th, 2023.  The bill passed by a roll call vote of   289 yeays - 133 nays (Roll no. 237). The only Republican who did not agree was Rep. Massie of Kentucky.  The 132 remaining nos were Democratic members of the House.

The third of three amendments, which could delay the implementation and intent of the bill, did not pass, by recorded vote. 

That amendment was offered on the same day the bill passed and sponsored by Representative Pettersen of Colorado "An amendment numbered 3 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."

 The second amendment, sponsored by Rep. Cory Mills of Florida and passed by voice vote requires "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."

The first amendment, sponsored by Rep. Max Miller of Ohio requires "the Attorney General to issue interim rules to implement this act 6 months after the date of enactment.

 The final version includes:

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.)

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.

H.R.467 - 118th Congress (2023-2024): HALT Fentanyl Act | Congress.gov | Library of Congress

Congressional record detailing conversation in House on 5/25/23 CREC-2023-05-25-pt1-PgH2605-3.pdf (congress.gov)

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