[House Report 118-76]
[From the U.S. Government Publishing Office]


118th Congress }                                                {  Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                                {  118-76

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 467) TO AMEND THE 
 CONTROLLED SUBSTANCES ACT WITH RESPECT TO THE SCHEDULING OF FENTANYL-
RELATED SUBSTANCES, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION 
  OF THE JOINT RESOLUTION (S.J. RES. 11) PROVIDING FOR CONGRESSIONAL 
DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, OF THE RULE 
SUBMITTED BY THE ENVIRONMENTAL PROTECTION AGENCY RELATING TO ``CONTROL 
OF AIR POLLUTION FROM NEW MOTOR VEHICLES: HEAVY DUTY ENGINE AND VEHICLE 
 STANDARDS''; AND PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION 
(H.J. RES. 45) PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 
OF TITLE 5, UNITED STATES CODE, OF THE RULE SUBMITTED BY THE DEPARTMENT 
OF EDUCATION RELATING TO ``WAIVERS AND MODIFICATIONS OF FEDERAL STUDENT 
                                LOANS''

                                _______
                                

May 22, 2023.--Referred to the House Calendar and ordered to be printed

                                _______
                                

               Mr. Burgess, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 429]

    The Committee on Rules, having had under consideration 
House Resolution 429, by a record vote of 9 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 467, the 
HALT Fentanyl Act, under a structured rule. The resolution 
waives all points of order against consideration of the bill. 
The resolution 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. The resolution 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. 
The resolution waives all points of order against provisions in 
the bill, as amended. The resolution further makes in order 
only those amendments printed in this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this 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. All 
points of order against the amendments are waived. The 
resolution provides one motion to recommit. The resolution 
further provides for consideration of S.J. Res. 11, Providing 
for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the Environmental 
Protection Agency relating to ``Control of Air Pollution From 
New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards'', 
under a closed rule. The resolution waives all points of order 
against consideration of the joint resolution. The resolution 
provides that the joint resolution shall be considered as read. 
The resolution waives all points of order against provisions in 
the joint resolution. The resolution 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. The resolution provides one 
motion to commit. The resolution further provides for 
consideration of H.J. Res. 45, Providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of 
the rule submitted by the Department of Education relating to 
``Waivers and Modifications of Federal Student Loans'', under a 
closed rule. The resolution waives all points of order against 
consideration of the joint resolution. The resolution provides 
that the joint resolution shall be considered as read. The 
resolution waives all points of order against provisions in the 
joint resolution. The resolution 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. The resolution provides one 
motion to recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 467 includes a waiver of clause 10 of rule XXI, which 
prohibits consideration of a measure if it has the net effect 
of increasing mandatory spending over the five-year or ten-year 
period.
    Although the resolution waives all points of order against 
provisions in H.R. 467, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.
    Although the resolution waives all points of order against 
consideration of S.J. Res. 11, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in S.J. Res. 11, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.J. Res. 45 includes:
    --Section 303 of the Congressional Budget Act, which 
prohibits consideration of legislation providing new budget 
authority until the budget resolution for that year has been 
agreed to.
    --Section 3(e)(2)(B) of H. Res. 5, which prohibits 
consideration of legislation that increases net direct spending 
by greater than $2.5 billion in any of the four consecutive 10-
year periods beginning in 2034.
    Although the resolution waives all points of order against 
provisions in H.J. Res. 45, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

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 Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................  ............
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 57

    Motion by Ms. Leger Fernandez 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 Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................  ............
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 58

    Motion by Ms. Leger Fernandez 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 Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Nay   Mr. McGovern......................  ............
Mr. Reschenthaler...............................          Nay   Ms. Scanlon.......................          Yea
Mrs. Fischbach..................................          Nay   Mr. Neguse........................          Yea
Mr. Massie......................................          Nay   Ms. Leger Fernandez...............          Yea
Mr. Norman......................................          Nay
Mr. Roy.........................................          Nay
Mrs. Houchin....................................          Nay
Mr. Langworthy..................................          Nay
Mr. Cole, Chairman..............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 59

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

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Burgess.....................................          Yea   Mr. McGovern......................  ............
Mr. Reschenthaler...............................          Yea   Ms. Scanlon.......................          Nay
Mrs. Fischbach..................................          Yea   Mr. Neguse........................          Nay
Mr. Massie......................................          Yea   Ms. Leger Fernandez...............          Nay
Mr. Norman......................................          Yea
Mr. Roy.........................................          Yea
Mrs. Houchin....................................          Yea
Mr. Langworthy..................................          Yea
Mr. Cole, Chairman..............................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 467 MADE IN ORDER

    1. Miller (OH): Requires the Attorney General to issue 
interim rules to implement this act 6 months after the date of 
enactment. (10 minutes)
    2. Mills (FL): 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. (10 minutes)
    3. Pettersen (CO): Prevents 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. (10 minutes)

              TEXT OF AMENDMENTS TO H.R. 467 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Miller of Ohio or His 
                   Designee, Debatable for 10 Minutes

  Page 19, line 5, strike ``1 year of'' and insert ``6 months 
after''.
                              ----------                              


2. An Amendment To Be Offered by Representative Mills of Florida or His 
                   Designee, Debatable for 10 Minutes

  Page 6, line 5, insert after ``Human Services'' the 
following: ``, the Department of Defense,''.
  Page 6, line 10, insert after ``Human Services'' the 
following: ``, the Department of Defense,''.
  Page 8, line 7, insert after ``Human Services'' the 
following: ``, the Department of Defense,''.
  Page 10, line 12, insert after the first period the 
following:
          ``(7) Inspector general report.--Not later than 1 
        year after the date of enactment of this Act, the 
        Inspector General of the Department of Justice shall 
        complete a study, and submit a report thereon, about 
        research described in paragraph (2) of this subsection 
        with fentanyl.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Pettersen of Colorado 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following section:

SEC. 7. CONTINGENT EFFECTIVE DATE.

  The provisions of this Act and the amendments made by this 
Act shall not take effect until the Secretary of Health and 
Human Services and Attorney General of the United States each 
certify that such provisions will lead to a reduction in 
overdose deaths.