[Congressional Record Volume 169, Number 89 (Thursday, May 25, 2023)]
[House]
[Pages H2602-H2605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT

  The SPEAKER pro tempore (Mr. Thompson of Pennsylvania). Pursuant to 
House Resolution 429 and rule XVIII, the Chair declares the House in 
the Committee of the Whole House on the state of the Union for the 
further consideration of the bill, H.R. 467.
  Will the gentleman from Florida (Mr. Mast) kindly take the chair.

                              {time}  0914


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole

[[Page H2603]]

House on the state of the Union for the further 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, 
with Mr. Mast (Acting Chair) in the chair.
  The Clerk read the title of the bill.


             Amendment No. 1 Offered by Mr. Miller of Ohio

  The Acting CHAIR. It is now in order to consider amendment No. 1 
printed in House Report 118-76.
  Mr. MILLER of Ohio. Mr. Chair, I have an amendment made in order by 
the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

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

  The Acting CHAIR. Pursuant to House Resolution 429, the gentleman 
from Ohio (Mr. Miller) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. MILLER of Ohio. Mr. Chair, the HALT Fentanyl Act is one of the 
most important pieces of legislation this body could possibly address.
  We all understand something must be done to stop this deadly drug 
from killing more of our loved ones. I do not believe our communities 
that are being ravaged by fentanyl can wait long while this important 
legislation is implemented.
  That is why I am offering this simple amendment to speed up the 
process of rulemaking by the Attorney General.
  My amendment will cut the timeline for interim final rulemaking by 
the Attorney General in half. I repeat, in half.
  Law enforcement needs these tools to keep our community safe, and my 
amendment seeks to save lives across our country by requiring the 
Attorney General to expedite the rulemaking process while allowing 
enough time for sound policymaking.
  Fentanyl is killing far too many people year after year in Ohio. In 
March alone, 130 people died from fentanyl overdoses just in Cuyahoga 
County.
  We must come together here in Congress to address this with the 
urgency that it needs. Focusing on substance use disorder treatments 
and harm reduction techniques alone will not address the unique threat 
posed by fentanyl and fentanyl-related substances that can kill a 
person instantly when laced with other substances or pills. We must 
keep Americans safe.
  I urge all of my colleagues on both sides of the aisle to support my 
amendment.
  Mr. Chair, I yield to the gentleman from Indiana (Mr. Bucshon).
  Mr. BUCSHON. Mr. Chair, I support Mr. Miller's amendment, which would 
require the Attorney General to issue interim final rules to implement 
this act 6 months after the date of enactment.
  Fentanyl-related substances will still be permanently placed in 
schedule I immediately. They should be placed there.
  This amendment would accelerate the timeline for which the Attorney 
General would be required to issue the interim final rule and, 
therefore, speed up the implementation process.
  I believe this amendment improves the bill and is necessary, 
especially at a time when fentanyl has become the leading cause of 
death for 18- to 45-year-olds.
  I urge a ``yes'' vote on this amendment.
  Mr. MILLER of Ohio. Mr. Chair, I thank the gentleman from Indiana for 
his support.
  Last month, in Cuyahoga County, Ohio, law enforcement confiscated 
rainbow fentanyl, which is designed to resemble candy and this deadly 
drug is marketed to children. Simply put, this is death disguised as 
candy.
  Just last month, local law enforcement, the DEA, and the United 
States District Attorney's Office busted an organized drug trafficking 
ring involving 18 individuals who were involved in the distribution of 
fentanyl across the communities I represent in Ohio's Seventh 
Congressional District.
  Mr. Chair, once again, I urge all of my colleagues on both sides of 
the aisle to support my amendment, and I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Miller).
  The amendment was agreed to.


                  Amendment No. 2 Offered by Mr. Mills

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in House Report 118-76.
  Mr. MILLS. Mr. Chair, I have an amendment made in order by the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       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.''.

  The Acting CHAIR. Pursuant to House Resolution 429, the gentleman 
from Florida (Mr. Mills) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. MILLS. Mr. Chair, today I stand before you to emphasize the 
critical need for the Department of Defense's involvement in fentanyl 
research.
  My amendment would include the Department of Defense in the list of 
eligible agencies that qualify for the expedited procedures on fentanyl 
research.
  The Department of Defense has several existing research programs 
involving fentanyl, and considering that today's servicemembers are 
tomorrow's veterans, there is no reason why the DOD should be 
ineligible for these expedited processes.
  Not only should this bill be directed at our veterans but the brave 
men and women who serve on Active Duty and are also susceptible to 
injuries that are routinely prescribed opioids as the treatment. As we 
all know, this can lead to serious addictions.
  My amendment would ensure that the DOD is included in the research 
and reporting process of fentanyl and its effects.
  As someone who was blown up twice overseas and was a combat medic, I 
know firsthand the pain and the injuries that the brave men and women 
in uniform can sustain.
  Common combat injuries can include second and third degree burns, 
spinal cord injuries, broken bones, limb loss, paralysis, and sharpened 
wounds.
  As we face this ever-growing crisis, it is imperative that our 
military actively participate in fentanyl research for several 
compelling reasons.
  By actively participating in fentanyl research, the DOD can make 
significant strides in addressing the opioid crisis within the ranks 
and improving the quality of healthcare provided through TRICARE to our 
brave servicemembers.
  Allow me to share some of these alarming statistics concerning the 
use of opioids among our Active Duty personnel.
  According to a study conducted by the Defense Health Agency, between 
the years of 2012 and 2017, the rate of opioid prescriptions within the 
military healthcare system has increased by a staggering 56 percent.
  This trend is deeply concerning as it highlights the potential risks 
and challenges faced by our servicemembers when it comes to opioid 
misuse and addiction.
  It is crucial to recognize that the DOD has a responsibility to 
ensure the physical and mental well-being of our military personnel.
  Engaging in fundamental research will allow the DOD to gain a deeper 
understanding of the specific challenges faced by Active Duty 
servicemembers regarding opioid usage.
  By providing the necessary support and resources to combat opioid 
addiction, the Department of Defense can empower our servicemembers to 
overcome this critical challenge and continue to fulfill their duties 
with resilience and strength.
  This research can lead to the development of new and innovative 
therapies, improved access to treatment resources, and more 
comprehensive addiction prevention programs for servicemembers abroad.

[[Page H2604]]

  It is essential to note that by prioritizing fentanyl research, the 
Department of Defense demonstrates its commitment to the overall well-
being of our Active Duty personnel.
  By addressing the fentanyl and opioid crisis proactively, they will 
not only protect the lives and health of our servicemembers but also 
foster a culture of support and understanding within our military 
communities.
  This, in turn, contributes to the overall readiness and effectiveness 
of our Armed Forces, and I strongly urge my colleagues to support this 
amendment.
  Mr. Chair, I yield to the gentleman from Indiana.
  Mr. BUCSHON. Mr. Chair, this amendment will provide clarity that 
research conducted by the Department of Defense is included in the 
research registration process outlined in the bill.
  It also requires the Office of the Inspector General at the 
Department of Justice to study and report on its findings.
  The research provisions in the HALT Fentanyl Act align the research 
registration process for schedule I drugs with those of schedule II.
  This is imperative for the research community to better understand 
how certain schedule I drugs affect people's health.
  This amendment strengthens the bill, and I urge a ``yes'' vote on 
this amendment.
  Mr. MILLS. Mr. Chair, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Mills).
  The amendment was agreed to.


                Amendment No. 3 Offered by Ms. Pettersen

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in House Report 118-76.
  Ms. PETTERSEN. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       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.

  The Acting CHAIR. Pursuant to House Resolution 429, the gentlewoman 
from Colorado (Ms. Pettersen) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Colorado.
  Ms. PETTERSEN. Mr. Chair, I rise today in support of my amendment, 
which would require a certification from the Secretary of the 
Department of Health and Human Services and the Attorney General that 
this legislation would reduce opioid overdose deaths.
  The reason why this is so critical is because we are facing a public 
health crisis, and it deserves a public health response.
  The current legislation is incredibly problematic for the very 
harmful mandatory minimum sentences that would be enacted and would be 
very hard to actually address and change in the future.
  This is deeply personal for me. Like so many Americans, my mom has 
struggled with an opioid addiction. When I was just 6 years old, she 
hurt her back, and she came home with bottles and bottles of opioids.
  Unfortunately, after her back healed, my mom found herself physically 
addicted to opioids. Like so many Americans, she was cut off of her 
prescription without access to treatment. My mom said that you fear 
nothing more than withdrawal, even death.
  Like so many people who struggle with addiction who don't have access 
to treatment, she turned to using heroin to stay well.
  Ultimately, fentanyl came into the supply chain. It started coming in 
in 2016. We saw it hit the coasts first and make its way into Colorado. 
Now we have seen it completely take over the drug supply chain.
  I know firsthand how absolutely devastating this drug can be for 
families. My mom overdosed 20 times that year.
  In my fight to keep her alive, I saw firsthand how broken the system 
was. I am one of the lucky ones because I was in a position, as a State 
legislator, where I could advocate for my mom to get her the help that 
she needed.
  After being churned in and out of ERs, my mom ultimately was able to 
recover. She has now been in recovery for 5\1/2\ years and is an 
example of what is possible when we give people the help that they 
need.
  I absolutely want the person who was my mom's dealer, who would show 
up to the hospital and put heroin mixed with fentanyl in her IV, I want 
that person to go to jail for a very long time.
  If my mom had a mandatory jail sentence, that would have been a death 
sentence for her and for far too many people out there.
  We are facing a third wave of the opioid epidemic. It has killed more 
people than all of the world wars combined.
  It is important that we address this, that it is an all-hands-on-deck 
to address it at every level, including additional screening at the 
ports and the border; additional screening for mail, where we know it 
is coming in; public awareness campaigns about the dangers of taking 
just one pill with kids who are buying it from social media companies, 
unknowingly, and dying from an overdose; accountability with these 
social media companies on how we are going to work together to ensure 
that kids are not able to buy this on their platforms; increasing 
access to residential treatment and recovery services like my mom had 
that are far too often not available for those who are struggling with 
a brain disease.
  Mr. Chair, I absolutely care deeply about this issue. I look forward 
to working with all of my colleagues on it, but this is not the right 
answer, and that is why this amendment is so important. I ask for your 
support, and I reserve the balance of my time.

                              {time}  0930

  Mr. BUCSHON. Mr. Chair, I rise in opposition to the amendment, and I 
yield myself such time as I may consume.
  First of all, I thank the gentlewoman for sharing her story. These 
are stories from across America. I empathize with her story, and I am 
thankful that her mother is in recovery.
  Mr. Chair, this amendment would prevent the underlying 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.
  In 2021, nearly 108,000 people died of drug overdoses, 71,000 of 
which were from synthetic opioids, including fentanyl or fentanyl-
related substances. That equates to nearly 200 fentanyl-related deaths 
per day.
  This amendment is a poison pill that would allow the Biden 
administration to indefinitely delay the permanent scheduling of 
fentanyl-related substances, which means after the temporary scheduling 
order expires at the end of 2024, if HHS or the AG has chosen not to 
act, these fentanyl-related substances could become street legal.
  Mr. Chair, I don't want to take that chance. Permanently placing 
fentanyl-related substances into schedule I is the Drug Enforcement 
Administration's top legislative priority.
  The numbers are heartbreaking. We need to act now to pass the HALT 
Fentanyl Act to keep fentanyl-related substances off our streets and 
out of our communities.
  In terms of further steps to address overdose deaths, I am glad the 
Energy and Commerce Committee has led the way and will continue to do 
so.
  Last Congress, the House passed legislation with broad bipartisan 
support to reauthorize many key use disorder and treatment programs. 
This summer Energy and Commerce plans to examine the impact of the 
SUPPORT for Patients and Communities Act, passed with broad bipartisan 
support 5 years ago, to address the opioid crisis.
  However, we don't need to wait. Let's pass the HALT Fentanyl Act now, 
which adds fentanyl-related substances to schedule I upon passage 
rather than ceding authority to the Biden administration on when this 
should be effective.
  Mr. Chair, I urge a ``no'' vote on this amendment, and I reserve the 
balance of my time.
  Ms. PETTERSEN. Mr. Chair, this is important because if we are trying 
to

[[Page H2605]]

solve the overdose crisis in our country, let's make sure that this 
legislation is actually supported in doing that and go through the 
necessary process.
  We know from our history in the United States that putting people in 
jail, mandatory minimum sentences, has devastating consequences. This 
is a public health crisis. We need to come together to address it like 
that. We need to go after the cartels. We need to go after the dealers. 
We need to make sure that we are supporting people who are struggling 
with addiction. I ask for your support.
  Mr. Chair, I yield back the balance of my time.
  Mr. BUCSHON. Mr. Chair, again, we need to implement the HALT Fentanyl 
Act now. Any further delay, including the Biden administration slow-
walking its implementation, is unacceptable. I again urge a ``no'' vote 
on this amendment, and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Colorado (Ms. Pettersen).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. PALLONE. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Colorado 
will be postponed.
  Mr. BUCSHON. Mr. Chair, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Mills) having assumed the chair, Mr. Mast, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 467) to 
amend the Controlled Substances Act with respect to the scheduling of 
fentanyl-related substances, and for other purposes, had come to no 
resolution thereon.

                          ____________________