[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.
____________________