[Congressional Record Volume 171, Number 49 (Friday, March 14, 2025)]
[Senate]
[Pages S1762-S1768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
______
HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT--Resumed
The PRESIDING OFFICER. Under the previous order, the Senate will
resume legislative session and resume consideration of S. 331, which
the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (S. 331) to amend the Controlled Substances Act with
respect to the scheduling of fentanyl-related substances, and
for other purposes.
Pending:
[[Page S1763]]
Thune (for Grassley) amendment No. 1237, of a perfecting
nature.
Thereupon, the Senate proceeded to consider the bill, which had been
reported from the Committee on the Judiciary with an amendment to
strike all after the enacting clause and insert in lieu thereof the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Halt All Lethal Trafficking
of Fentanyl Act'' or the ``HALT Fentanyl Act''.
SEC. 2. CLASS SCHEDULING OF FENTANYL-RELATED SUBSTANCES.
Section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)) is amended by adding at the end of schedule I the
following:
``(e)(1) Unless specifically exempted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of a fentanyl-related
substance, or which contains the salts, isomers, and salts of
isomers of a fentanyl-related substance whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation.
``(2) For purposes of paragraph (1), except as provided in
paragraph (3), the term `fentanyl-related substance' means
any substance that is structurally related to fentanyl by 1
or more of the following modifications:
``(A) By replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle.
``(B) By substitution in or on the phenethyl group with
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or
nitro groups.
``(C) By substitution in or on the piperidine ring with
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
haloalkyl, amino, or nitro groups.
``(D) By replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle.
``(E) By replacement of the N-propionyl group with another
acyl group.
``(3) A substance that satisfies the definition of the term
`fentanyl-related substance' in paragraph (2) shall
nonetheless not be treated as a fentanyl-related substance
subject to this schedule if the substance--
``(A) is controlled by action of the Attorney General under
section 201; or
``(B) is otherwise expressly listed in a schedule other
than this schedule.
``(4)(A) The Attorney General may by order publish in the
Federal Register a list of substances that satisfy the
definition of the term `fentanyl-related substance' in
paragraph (2).
``(B) The absence of a substance from a list published
under subparagraph (A) does not negate the control status of
the substance under this schedule if the substance satisfies
the definition of the term `fentanyl-related substance' in
paragraph (2).''.
SEC. 3. REGISTRATION REQUIREMENTS RELATED TO RESEARCH.
(a) Alternative Registration Process for Schedule I
Research.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended--
(1) by redesignating the second subsection (l) (relating to
required training for prescribers) as subsection (m); and
(2) by adding at the end the following:
``(n) Special Provisions for Practitioners Conducting
Certain Research With Schedule I Controlled Substances.--
``(1) In general.--Notwithstanding subsection (g), a
practitioner may conduct research described in paragraph (2)
of this subsection with 1 or more schedule I substances in
accordance with subparagraph (A) or (B) of paragraph (3) of
this subsection.
``(2) Research subject to expedited procedures.--Research
described in this paragraph is research that--
``(A) is with respect to a drug that is the subject of an
investigational use exemption under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or
``(B) is--
``(i) conducted by the Department of Health and Human
Services, the Department of Defense, or the Department of
Veterans Affairs; or
``(ii) funded partly or entirely by a grant, contract,
cooperative agreement, or other transaction from the
Department of Health and Human Services, the Department of
Defense, or the Department of Veterans Affairs.
``(3) Expedited procedures.--
``(A) Researcher with a current schedule i or ii research
registration.--
``(i) In general.--If a practitioner is registered to
conduct research with a controlled substance in schedule I or
II, the practitioner may conduct research under this
subsection on and after the date that is 30 days after the
date on which the practitioner sends a notice to the Attorney
General containing the following information, with respect to
each substance with which the practitioner will conduct the
research:
``(I) The chemical name of the substance.
``(II) The quantity of the substance to be used in the
research.
``(III) Demonstration that the research is in the category
described in paragraph (2), which demonstration may be
satisfied--
``(aa) in the case of a grant, contract, cooperative
agreement, or other transaction, or intramural research
project, by identifying the sponsoring agency and supplying
the number of the grant, contract, cooperative agreement,
other transaction, or project; or
``(bb) in the case of an application under section 505(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)), by supplying the application number and the sponsor
of record on the application.
``(IV) Demonstration that the researcher is authorized to
conduct research with respect to the substance under the laws
of the State in which the research will take place.
``(ii) Verification of information by hhs or va.--Upon
request from the Attorney General, the Secretary of Health
and Human Services, the Department of Defense, or the
Secretary of Veterans Affairs, as appropriate, shall verify
information submitted by an applicant under clause (i)(III).
``(B) Researcher without a current schedule i or ii
research registration.--
``(i) In general.--If a practitioner is not registered to
conduct research with a controlled substance in schedule I or
II, the practitioner may send a notice to the Attorney
General containing the information listed in subparagraph
(A)(i), with respect to each substance with which the
practitioner will conduct the research.
``(ii) Attorney general action.--The Attorney General
shall--
``(I) treat notice received under clause (i) as a
sufficient application for a research registration; and
``(II) not later than 45 days of receiving such a notice
that contains all information required under subparagraph
(A)(i)--
``(aa) register the applicant; or
``(bb) serve an order to show cause upon the applicant in
accordance with section 304(c).
``(4) Electronic submissions.--The Attorney General shall
provide a means to permit a practitioner to submit a
notification under paragraph (3) electronically.
``(5) Limitation on amounts.--A practitioner conducting
research with a schedule I substance under this subsection
may only possess the amounts of schedule I substance
identified in--
``(A) the notification to the Attorney General under
paragraph (3); or
``(B) a supplemental notification that the practitioner may
send if the practitioner needs additional amounts for the
research, which supplemental notification shall include--
``(i) the name of the practitioner;
``(ii) the additional quantity needed of the substance; and
``(iii) an attestation that the research to be conducted
with the substance is consistent with the scope of the
research that was the subject of the notification under
paragraph (3).
``(6) Importation and exportation requirements not
affected.--Nothing in this subsection alters the requirements
of part A of title III, regarding the importation and
exportation of controlled substances.
``(7) Inspector general report.--Not later than 1 year
after the date of enactment of the Halt All Lethal
Trafficking of Fentanyl Act, the Inspector General of the
Department of Justice shall complete a study, and submit to
Congress a report thereon, about research described in
paragraph (2) of this subsection with fentanyl.''.
(b) Separate Registrations Not Required for Additional
Researcher in Same Institution.--
(1) In general.--Section 302(c) of the Controlled
Substances Act (21 U.S.C. 822(c)) is amended by adding at the
end the following:
``(4) An agent or employee of a research institution that
is conducting research with a controlled substance if--
``(A) the agent or employee is acting within the scope of
the professional practice of the agent or employee;
``(B) another agent or employee of the institution is
registered to conduct research with a controlled substance in
the same schedule;
``(C) the researcher who is so registered--
``(i) informs the Attorney General of the name, position
title, and employing institution of the agent or employee who
is not separately registered;
``(ii) authorizes that agent or employee to perform
research under the registration of the registered researcher;
and
``(iii) affirms that any act taken by that agent or
employee involving a controlled substance shall be
attributable to the registered researcher, as if the
researcher had directly committed the act, for purposes of
any proceeding under section 304(a) to suspend or revoke the
registration of the registered researcher; and
``(D) the Attorney General does not, within 30 days of
receiving the information, authorization, and affirmation
described in subparagraph (C), refuse, for a reason listed in
section 304(a), to allow the agent or employee to possess the
substance without a separate registration.''.
(2) Technical correction.--Section 302(c)(3) of the
Controlled Substances Act (21 U.S.C. 822(c)(3)) is amended by
striking ``(25)'' and inserting ``(27)''.
(c) Single Registration for Related Research Sites.--
Section 302(e) of the Controlled Substances Act (21 U.S.C.
822(e)) is amended by adding at the end the following:
``(4)(A) Notwithstanding paragraph (1), a person registered
to conduct research with a controlled substance under section
303(g) may conduct the research under a single registration
if--
``(i) the research occurs exclusively on sites all of which
are--
``(I) within the same city or county; and
``(II) under the control of the same institution,
organization, or agency; and
``(ii) before commencing the research, the researcher
notifies the Attorney General of each site where--
``(I) the research will be conducted; or
``(II) the controlled substance will be stored or
administered.
``(B) A site described in subparagraph (A) shall be
included in a registration described in that subparagraph
only if the researcher has notified the Attorney General of
the site--
``(i) in the application for the registration; or
``(ii) before the research is conducted, or before the
controlled substance is stored or administered, at the site.
[[Page S1764]]
``(C) The Attorney General may, in consultation with the
Secretary, issue regulations addressing, with respect to
research sites described in subparagraph (A)--
``(i) the manner in which controlled substances may be
delivered to the research sites;
``(ii) the storage and security of controlled substances at
the research sites;
``(iii) the maintenance of records for the research sites;
and
``(iv) any other matters necessary to ensure effective
controls against diversion at the research sites.''.
(d) New Inspection Not Required in Certain Situations.--
Section 302(f) of the Controlled Substances Act (21 U.S.C.
822(f)) is amended--
(1) by striking ``(f) The'' and inserting ``(f)(1) The'';
and
(2) by adding at the end the following:
``(2)(A) If a person is registered to conduct research with
a controlled substance and applies for a registration, or for
a modification of a registration, to conduct research with a
second controlled substance that is in the same schedule as
the first controlled substance, or is in a schedule with a
higher numerical designation than the schedule of the first
controlled substance, a new inspection by the Attorney
General of the registered location is not required.
``(B) Nothing in subparagraph (A) shall prohibit the
Attorney General from conducting an inspection that the
Attorney General determines necessary to ensure that a
registrant maintains effective controls against diversion.''.
(e) Continuation of Research on Substances Newly Added to
Schedule I.--Section 302 of the Controlled Substances Act (21
U.S.C. 822) is amended by adding at the end the following:
``(h) Continuation of Research on Substances Newly Added to
Schedule I.--If a person is conducting research on a
substance when the substance is added to schedule I, and the
person is already registered to conduct research with a
controlled substance in schedule I--
``(1) not later than 90 days after the scheduling of the
newly scheduled substance, the person shall submit a
completed application for registration or modification of
existing registration, to conduct research on the substance,
in accordance with regulations issued by the Attorney General
for purposes of this paragraph;
``(2) the person may, notwithstanding subsections (a) and
(b), continue to conduct the research on the substance
until--
``(A) the person withdraws the application described in
paragraph (1) of this subsection; or
``(B) the Attorney General serves on the person an order to
show cause proposing the denial of the application under
section 304(c);
``(3) if the Attorney General serves an order to show cause
as described in paragraph (2)(B) and the person requests a
hearing, the hearing shall be held on an expedited basis and
not later than 45 days after the request is made, except that
the hearing may be held at a later time if so requested by
the person; and
``(4) if the person sends a copy of the application
described in paragraph (1) to a manufacturer or distributor
of the substance, receipt of the copy by the manufacturer or
distributor shall constitute sufficient evidence that the
person is authorized to receive the substance.''.
(f) Treatment of Certain Manufacturing Activities as
Coincident to Research.--Section 302 of the Controlled
Substances Act (21 U.S.C. 822), as amended by subsection (e),
is amended by adding at the end the following:
``(i) Treatment of Certain Manufacturing Activities as
Coincident to Research.--
``(1) In general.--Except as provided in paragraph (3), a
person who is registered to perform research on a controlled
substance may perform manufacturing activities with small
quantities of that substance, including activities described
in paragraph (2), without being required to obtain a
manufacturing registration, if--
``(A) the activities are performed for the purpose of the
research; and
``(B) the activities and the quantities of the substance
involved in the activities are stated in--
``(i) a notification submitted to the Attorney General
under section 303(n);
``(ii) a research protocol filed with an application for
registration approval under section 303(g); or
``(iii) a notification to the Attorney General that
includes--
``(I) the name of the registrant; and
``(II) an attestation that the research to be conducted
with the small quantities of manufactured substance is
consistent with the scope of the research that is the basis
for the registration.
``(2) Activities included.--Activities permitted under
paragraph (1) include--
``(A) processing the substance to create extracts,
tinctures, oils, solutions, derivatives, or other forms of
the substance consistent with--
``(i) the information provided as part of a notification
submitted to the Attorney General under section 303(n); or
``(ii) a research protocol filed with an application for
registration approval under section 303(g); and
``(B) dosage form development studies performed for the
purpose of requesting an investigational new drug exemption
under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)).
``(3) Exception regarding marihuana.--The authority under
paragraph (1) to manufacture substances does not include the
authority to grow marihuana.''.
(g) Transparency Regarding Special Procedures.--Section 303
of the Controlled Substances Act (21 U.S.C. 823), as amended
by subsection (a), is amended by adding at the end the
following:
``(o) Transparency Regarding Special Procedures.--
``(1) In general.--If the Attorney General determines, with
respect to a controlled substance, that an application by a
practitioner to conduct research with the substance should be
considered under a process, or subject to criteria, different
from the process or criteria applicable to applications to
conduct research with other controlled substances in the same
schedule, the Attorney General shall make public, including
by posting on the website of the Drug Enforcement
Administration--
``(A) the identities of all substances for which such
determinations have been made;
``(B) the process and criteria that shall be applied to
applications to conduct research with those substances; and
``(C) how the process and criteria described in
subparagraph (B) differ from the process and criteria
applicable to applications to conduct research with other
controlled substances in the same schedule.
``(2) Timing of posting.--The Attorney General shall make
information described in paragraph (1) public upon making a
determination described in that paragraph, regardless of
whether a practitioner has submitted such an application at
that time.''.
SEC. 4. TECHNICAL CORRECTION ON CONTROLLED SUBSTANCES
DISPENSING.
Effective as if included in the enactment of Public Law
117-328--
(1) section 1252(a) of division FF of Public Law 117-328
(136 Stat. 5681) is amended, in the matter being inserted
into section 302(e) of the Controlled Substances Act, by
striking ``303(g)'' and inserting ``303(h)'';
(2) section 1262 of division FF of Public Law 117-328 (136
Stat. 5681) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``303(g)'' and inserting ``303(h)'';
(ii) in the matter being stricken by subsection (a)(2), by
striking ``(g)(1)'' and inserting ``(h)(1)''; and
(iii) in the matter being inserted by subsection (a)(2), by
striking ``(g) Practitioners'' and inserting ``(h)
Practitioners''; and
(B) in subsection (b)--
(i) in the matter being stricken by paragraph (1), by
striking ``303(g)(1)'' and inserting ``303(h)(1)'';
(ii) in the matter being inserted by paragraph (1), by
striking ``303(g)'' and inserting ``303(h)'';
(iii) in the matter being stricken by paragraph (2)(A), by
striking ``303(g)(2)'' and inserting ``303(h)(2)'';
(iv) in the matter being stricken by paragraph (3), by
striking ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)'';
(v) in the matter being stricken by paragraph (5), by
striking ``303(g)'' and inserting ``303(h)''; and
(vi) in the matter being stricken by paragraph (6), by
striking ``303(g)'' and inserting ``303(h)''; and
(3) section 1263(b) of division FF of Public Law 117-328
(136 Stat. 5685) is amended--
(A) by striking ``303(g)(2)'' and inserting ``303(h)(2)'';
and
(B) by striking ``(21 U.S.C. 823(g)(2))'' and inserting
``(21 U.S.C. 823(h)(2))''.
SEC. 5. RULEMAKING.
(a) Interim Final Rules.--The Attorney General--
(1) shall, not later than 6 months after the date of
enactment of this Act, issue rules to implement this Act and
the amendments made by this Act; and
(2) may issue the rules under paragraph (1) as interim
final rules.
(b) Procedure for Final Rule.--
(1) Effectiveness of interim final rules.--A rule issued by
the Attorney General as an interim final rule under
subsection (a) shall become immediately effective as an
interim final rule without requiring the Attorney General to
demonstrate good cause therefor, notwithstanding subparagraph
(B) of the undesignated matter following paragraph (4) of
section 553(b) of title 5, United States Code.
(2) Opportunity for comment and hearing.--An interim final
rule issued under subsection (a) shall give interested
persons the opportunity to comment and to request a hearing.
(3) Final rule.--After the conclusion of such proceedings,
the Attorney General shall issue a final rule to implement
this Act and the amendments made by this Act in accordance
with section 553 of title 5, United States Code.
SEC. 6. PENALTIES.
(a) In General.--Section 401(b)(1) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(vi), by inserting ``or a fentanyl-
related substance'' after ``any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide''; and
(2) in subparagraph (B)(vi), by inserting ``or a fentanyl-
related substance'' after ``any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide''.
(b) Importation and Exportation.--Section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (1)(F), by inserting ``or a fentanyl-
related substance'' after ``any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide''; and
(2) in paragraph (2)(F), by inserting ``or a fentanyl-
related substance'' after ``any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide''.
(c) Definition of Fentanyl-related Substance.--Section 102
of the Controlled Substances Act (21 U.S.C. 802) is amended
by adding at the end the following:
``(60) The term `fentanyl-related substance' has the
meaning given the term in subsection (e)(2) of schedule I of
section 202(c).''.
SEC. 7. APPLICABILITY; OTHER MATTERS.
(a) In General.--Irrespective of the date on which the
rules required by section 5 are finalized, the amendments
made by this Act apply
[[Page S1765]]
beginning as of the date of enactment of this Act.
(b) Rule of Construction.--Nothing in the amendments made
by this Act may be construed as evidence that, in applying
sections 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) and 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) with respect to
conduct occurring before the date of the enactment of this
Act, a fentanyl-related substance (as defined by such
amendments) is not an analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide.
(c) Sense of Congress.--Congress agrees with the
interpretation of the Controlled Substances Act (21 U.S.C.
801 et seq.) in United States v. McCray, 346 F. Supp. 3d 363
(W.D.N.Y. 2018).
The PRESIDING OFFICER. The majority whip.
Mr. BARRASSO. I ask unanimous consent that the order of yesterday be
amended so that the committee-reported substitute amendment to S. 331
be agreed to with all other remaining provisions in effect.
The PRESIDING OFFICER. Without objection, it is so ordered.
Under the previous order, all postcloture time on the bill is
expired; amendment No. 1237 is withdrawn; the committee-reported
substitute is agreed to; and the clerk will read the bill by title for
the third time.
The amendment (No. 1237) was withdrawn.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
Vote on S. 331
Mr. BARRASSO. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
The result was announced--yeas 84, nays 16, as follows:
[Rollcall Vote No. 127 Leg.]
YEAS--84
Baldwin
Banks
Barrasso
Bennet
Blackburn
Blumenthal
Boozman
Britt
Budd
Cantwell
Capito
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Curtis
Daines
Durbin
Ernst
Fetterman
Fischer
Gallego
Gillibrand
Graham
Grassley
Hagerty
Hassan
Hawley
Heinrich
Hickenlooper
Hoeven
Husted
Hyde-Smith
Johnson
Justice
Kaine
Kelly
Kennedy
Kim
King
Klobuchar
Lankford
Lee
Lujan
Lummis
Marshall
McConnell
McCormick
Moody
Moran
Moreno
Mullin
Murkowski
Murray
Ossoff
Paul
Peters
Reed
Ricketts
Risch
Rosen
Rounds
Schatz
Schmitt
Schumer
Scott (FL)
Scott (SC)
Shaheen
Sheehy
Slotkin
Smith
Sullivan
Thune
Tillis
Tuberville
Warner
Whitehouse
Wicker
Young
NAYS--16
Alsobrooks
Blunt Rochester
Booker
Duckworth
Hirono
Markey
Merkley
Murphy
Padilla
Sanders
Schiff
Van Hollen
Warnock
Warren
Welch
Wyden
The bill (S. 331), as amended, was passed.
The PRESIDING OFFICER (Mr. McCORMICK). Under the previous order, the
motion to reconsider is considered made and laid upon the table.
The Senator from North Carolina.
Mr. TILLIS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. COTTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COTTON. Mr. President, I ask unanimous consent that there be up
to 20 minutes of debate under the control of Senator Paul for debate
only.
The PRESIDING OFFICER. At this time?
Mr. COTTON. Yes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Kentucky.
Government Funding
Mr. PAUL. Mr. President, President Trump has pledged to balance the
budget. I want to help him. I want to help him with this task. But to
balance the budget requires much less spending than this current bill
entails.
Our national debt now exceeds $36 trillion. That is 124 percent of
the size of our economy. That should not be a surprise. We are adding
$2 trillion every year to the debt, this year included.
Critics of excessive Federal spending have rightly argued that we
should return spending to prepandemic levels. This is something I could
support. The spending bill before us, though, spends $400 billion more
than we were spending before the pandemic. Spending went through the
roof during the pandemic, and it never came back down, and the deficits
are out of control. In order for this bill to get back to prepandemic
levels, it would have to be $400 billion less. That is something I
could support.
Three months ago, when the current continuing resolution was passed
at the end of last year, we were told that we just needed to clear the
decks. President Trump was going to come in, the Republicans would be
in charge, and then everything would be OK. Just wait. Pass it. Pass it
along in September. Come March, Republicans will be in charge, and
something will happen.
Yet the bill before us doesn't change anything. The bill before us
keeps the same Biden spending levels.
We were told with relentless fury that we would fight for the
taxpayers come spring, and we were given a bill that doesn't change. It
doesn't change the course of accumulating $2 trillion in debt every
year.
The powers that be, I believe, waved the white flag of surrender when
they presented the American people with this bill that fails to make
the cuts that are necessary to slow down the accumulation of our debt.
The malpractice is made even worse this time around. Presidents of
both parties pay lipservice to the idea that the national debt must be
addressed. Despite tough talk, deficits and the debt inevitably keep
rising. We now have over $36 trillion in debt.
Unlike past Presidents, though, President Trump created the
Department of Government Efficiency--affectionately known as DOGE--to
identify wasteful programs and eliminate them. Despite DOGE working
around the clock identifying appalling waste of taxpayers' dollars,
this bill continues to fund the same programs that are funding the
waste and fraud that have been located.
How can that be? If we have located the waste and fraud, why are we
not telling them to reduce foreign aid? If the foreign aid budget is
full of all kinds of crazy, leftwing advocacy and nonsense, reduce the
amount of money you give them.
This bill will give them the same amount of money they got last year.
This bill allows foreign aid to continue. It doesn't incorporate any of
the DOGE cuts. It doesn't cut waste. This bill embraces the waste. It
allows the waste to continue. This bill doesn't respect the taxpayer.
It continues to throw their money away.
This bill continues the Biden levels of spending that caused historic
inflation, that caused prices to rise, that caused people to be
outraged, to vote for a new President. Why in the world would we
continue the same spending levels that led to the debt that led to the
inflation that is plaguing us?
This malpractice is compounded by the fact that President Trump and
DOGE made it easy for Congress to fix. They actually told us where the
waste was and where the waste and abuse was and told us how to root it
out, how to remove it.
The waste found by DOGE truly shocks the conscience. Taxpayers paid
$25,000 for an LGBT trans opera in Colombia. They spent $2 million on
sex changes in Guatemala. They spent $1.5 million advancing DEI
initiatives in Serbia. They spent $6 million on tourism in Egypt. They
spent $32,000 for a transgender comic book in Peru.
Some of the USAID's programs have actually gone beyond woke absurdity
into pouring money and support to people who are the enemies of the
United States. The Agency provided millions of dollars to EcoHealth,
which funded the dangerous research in Wuhan which, in all likelihood,
created and caused the pandemic.
From this account, also, millions of dollars went to support
agriculture in
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Afghanistan, including fertilizer for the poppy fields grown by the
Taliban.
And yet, even after all that DOGE has uncovered--and I commend them--
Congress is still on the verge of passing a bill that fully funds
foreign aid. Many in this Chamber think it is wasteful to do all these
things, and they say: Well, why should we keep spending money on
foreign aid that is paying for sex changes in Guatemala? And yet the
funding levels in this bill stay the same. These are the same funding
levels for the foreign aid that were occurring under the Biden
administration.
Let me say that again and clearly: This bill fully funds the
outrageous foreign aid programs that Elon Musk and DOGE have exposed.
Something doesn't make sense here.
While Congress seems slow to open its eyes to waste and abuse,
Secretary Rubio has acted. He recently said that the United States is
canceling 83 percent of the foreign aid contracts. I am for that. In
fact, that is what my amendment will do. My amendment will take the
contracts--the dollar amount of the contracts--that President Trump and
Secretary Rubio have canceled and put them into language so they don't
get funded. Why in the world would we not be for getting rid of the
funding for the crazy programs we are trying to get rid of? Something
doesn't make sense here.
President Trump and his team identified the cuts that need to be
made, but it is ultimately Congress, not the Executive, that has the
power of the purse. Congress has to act to make the cuts identified by
the administration a reality. And on that score, the bill under
consideration today is a disappointment. The bill is a disappointment
to those who believe that congressional leadership should have used the
3 months since they came into office, since DOGE and Elon Musk have
identified this waste--they should have used that waste and
incorporated it into the spending bill.
None of the DOGE cuts, none of Elon Musk's suggestions, have been
incorporated into the spending bill. The spending bill continues
spending at the Biden levels. When everybody wakes up and scratches
their head and says, ``What happened here?'' the spending will lead to
$2 trillion in debt. People will wake up and say: Well, what about all
those cuts? What happened? I thought we were cutting out waste and
fraud. And come September, the deficit for the year will be $2
trillion. Because we are not actually cutting the spending. Congress
has to do the heavy lifting.
We owe the American people an answer to this question: Exactly how
many Republican seats are required in Congress to achieve a majority
that will actually fight to lower government spending?
I don't think the taxpayers need to wait for that fight any longer. I
am not willing to say: Oh, just wait, young man. Wait for another day.
We will be fixing this 6 months from now.
It never comes. This is the story of this place: Wait until another
day. Wait until the sun shines; we will finally cut some spending.
It never comes. Someone must make a stand and fight. To that end, I
offer a DOGE cuts 1.0 amendment that would codify the cuts in foreign
aid, reducing USAID's budget by 83 percent and aligning with Secretary
Rubio's recent decision to eliminate thousands of these programs.
So what I am doing is not inconsistent with the Trump administration;
what I am doing is in support of the Trump administration. What I am
doing is taking the preliminary cuts that Secretary Rubio has given to
foreign aid and making them law.
Why? Because the whole judiciary is opposing the President. They are
telling him he can't fire people, that he can't cut spending. He needs
Congress to step up and do their job. The people who support the
President need to be supporting the President's cuts. They need to be
supporting an amendment--DOGE 1.0--that puts those cuts into law.
I am not even talking about codifying all of the cuts. I am only
taking a small sliver of them in foreign aid. This is the low-hanging
fruit. This is the worst of the worst. This is $3 million for girl-
centric climate change in Brazil. This is $4.8 million for social media
influencers in Ukraine. This is hundreds of thousands of dollars spent
sending Ukrainian fashion designers to the Paris fashion show. This is
waste--utter and simple waste--and it ought to be cut.
Why would people tell you publicly they are for it and then vote
against it? It doesn't seem to make any sense. What my amendment does
is put DOGE's findings into action, eliminating much of the funding for
an Agency that spent tax dollars on woke entertainment and advocacy. It
sets in law the reductions that the Trump administration has made known
to be necessary.
I applaud DOGE's work to uncover these many instances of abuse of
taxpayer dollars, and it is now Congress's turn to make the cuts stick.
If we do not adopt my amendment, then taxpayers will simply continue
spending substantial amounts of money to defund components of the
government rather than using savings to pay down our mounting debt. In
other words, you might cut it and think it is cut one day; but what if
the courts say you have to spend it somewhere else? It never comes
back. The cuts are never real. The only way the cuts the administration
is making will ever be real, will ever be counted, will ever lessen the
debt in the country is to vote in Congress. That is what this is about.
It would be the height of hypocrisy for Congress to pay lipservice to
DOGE's exceptional work, support it on the superficial, and then vote
against it when you have a chance to vote on it.
Continuing to spend at this bill's level will add $2 trillion in
debt. That is a fact. All the newspapers reporting yesterday--it was
all over the news: record-setting accumulation of debt.
We have accumulated over a trillion, and we are not halfway through
the year. It is a record accumulation of debt. It only stops when
people stand up and say: Enough is enough.
The least we can do is make sure that it doesn't include the
egregious spending that has come from the foreign aid, the craziness,
the sex change operations in Guatemala, trans operas, trans comic
books. All of these ludicrous things that no American supports will
only go away and will only go away with permanence if we vote for it.
Before us is a chance to enact about $16 billion worth of DOGE's cuts
in foreign aid. These cuts are only real in the long term if they are
reflected in congressional action. If we continue to fund the Federal
Government at the Biden administration levels, which is what this bill
does, then the money from DOGE's hard-found savings will just be spent
somewhere else.
I urge all of my colleagues who have praised DOGE's work to match
their actions to their words and vote yes on this amendment.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WYDEN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Oregon.
Mr. WYDEN. Mr. President, notwithstanding rule XXII, I ask unanimous
consent that Senator Wyden, Senator Sanders, and Senator Scott be
recognized for up to 25 minutes, and that following their remarks, the
majority leader be recognized.
The PRESIDING OFFICER. Without objection, it is so ordered.
Unanimous Consent Request--S. 891
Mr. WYDEN. Mr. President, I come to the floor with my colleague from
Vermont Senator Sanders to pass a set of critical improvements to
America's healthcare system. This legislation is overwhelmingly
bipartisan, fully paid for, and targeted at two objectives every
Senator ought to support: improving healthcare for Americans and
cracking down on the middlemen who take advantage of the system.
Mr. President, 597 days ago, the Senate Finance Committee passed the
most comprehensive legislation in history to address the pharmacy
benefit managers' predatory business practices, and it was passed by a
vote of 26 to 1. And 493 days ago, the Senate Finance Committee passed
another piece of healthcare legislation that improves
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mental healthcare for Americans with Medicaid, expands and strengthens
telehealth, and more PBM policies, by a vote, again, of 26 to 0. Since
that time, negotiations about how to sign these policies into law have
been fatally intertwined with the dysfunctional debate over
congressional appropriations, as the public can see on full display
this week.
These policies are too important to leave behind due to an unrelated
disagreement. Community pharmacists are counting on this legislation.
Doctors who don't want to see a pay cut are counting on this
legislation. Seniors and working families who want better care at a
lower cost are counting on this legislation. So the time to act is now.
In December, Democrats and Republicans struck a deal on this bill. I
have the press release on my website to prove it. It was introduced in
the House and set for passage. But along came Elon Musk and his now
familiar wrecking ball. With one tweet, he killed the entire package
for reasons that had nothing to do with the bill before the Senate
today.
Musk even had the gall to tweet, ``What is a `pharmacy benefit
manager'?'' less than 2 weeks after he single-handedly killed the bill.
While this unelected billionaire rifles through Americans' private
information and earned benefits, claiming to be looking for waste,
fraud, and abuse, he doesn't even know about the middlemen who skim
billions off the Federal Government.
Since Musk's tweeting adventure, 237 independent pharmacies have
closed their doors. That is nearly three small businesses closing every
day. Our bill includes critical protections that stop the giant PBMs
from bullying even more local pharmacies into the abyss. Every day
matters. That is why it is critical to act now.
Now, I would like to yield to the ranking member of the Health,
Education, Labor, and Pensions Committee, Senator Sanders, so he can
explain the important pieces of this bill that are in his committee's
jurisdiction that also need to pass as soon as possible.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. Mr. President, let me thank Senator Wyden for his
outstanding work as the former chairman of the Finance Committee and
now as the ranking member.
I get around Vermont a bit. I get around the country a bit. And,
generally speaking, when I talk to a group of people, I ask them a
simple question.
I say: What do you think about the healthcare system? Is it working
well or is it broken? Is it dysfunctional?
And, overwhelmingly, the hands go up that the American healthcare
system today is broken, it is dysfunctional, and it is cruel. And what
people understand is the function of the American healthcare system,
today, is not to provide quality healthcare to all of our people,
which, in fact, goes on in every other major country on Earth. It is to
make huge profits for the drug companies and the insurance companies.
The current healthcare system is a system in which we spend twice as
much per capita on healthcare as do the people of any other nation--an
astronomical sum of money. And yet despite all that money, 85 million
Americans are uninsured or underinsured, and the cost of healthcare
keeps going up every single year. One out of four Americans cannot
afford the costs of the drugs that their doctors prescribe. And,
unbelievably, it is a system in which 60,000 Americans die each year
because they can't get to a doctor on time.
It is a system in which we don't have enough doctors, we don't have
enough nurses, we don't have enough dentists, and we don't have enough
pharmacists. But the good news is the insurance companies and the drug
companies are making huge profits.
The current healthcare system is a system in which our life
expectancy is lower than in any other major country, and if you are
working class in America, you are going to live 7 years of shorter life
than if you are wealthy.
It is a system in which some 500,000 people go bankrupt each year
because of medically related debt. It is a system where, in large parts
of our country, rural hospitals are being shut down and where people
even with decent insurance have to travel hours in order to find a
doctor.
As Senator Wyden indicated, in December, after months and months of
difficult negotiations--and I want to congratulate Senator Wyden,
Senator Crapo, and all of the people involved in those negotiations--we
made some progress on this healthcare crisis by coming together on a
bipartisan and bicameral agreement on a healthcare package.
That legislation, while more modest than I would have wanted, would
have provided $4.5 billion for community health centers this year and
$4.6 billion next year, up 15 percent from a few years ago.
Community health centers provide primary healthcare to 32 million
Americans--working-class, lower income people. They do a phenomenal
job, but they are under financial stress.
That legislation would have provided $350 million a year, over 2
years, for the National Health Service Corps, so we can attract young
people to go out and work--young doctors to work in underserved areas.
And it would have provided $300 million a year for teaching health
centers.
It would have also lowered the outrageous price of prescription drugs
by taking on the greed of pharmacy benefit managers.
It was a bipartisan bill. And just before that bill was going to be
passed, Elon Musk, the wealthiest man in the world, who does not have
to worry about whether he and his friends can afford healthcare, he
sent out a series of tweets--some of them outrageously dishonest--to
kill this legislation, and he succeeded in doing so.
So, today, it is important that we take a step forward and undo the
damage that Mr. Musk caused, and the legislation that we are proposing
today would, in fact, begin to take us back where we were. It would
increase funding for community health centers and do all of the other
important work that Senator Wyden wanted.
We have a healthcare crisis in America today. The CR that we are
going to be voting on in a little while will make a bad situation
worse. This is an opportunity to tell the American people that we are
aware of the healthcare crisis; we are at least trying to do something.
And I would yield back to Senator Wyden.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, very briefly, I want to thank my colleague.
We have been working, as we have indicated, for months and months,
because Americans, with respect to healthcare, feel like they are
getting hit by a wrecking ball here in terms of the costs and inability
to get quality care.
So with that, I ask unanimous consent that the Senate Committee on
Finance be discharged from further consideration of S. 891 and the
Senate proceed to its immediate consideration; that the Wyden
substitute amendment, which is at the desk, be considered and agreed
to; that the bill, as amended, be considered read a third time and
passed; and that the motion to reconsider be considered made and laid
upon the table. The PRESIDING OFFICER. Is there objection?
The Senator from Florida.
Mr. SCOTT of Florida. I object.
The PRESIDING OFFICER. The objection is heard.
Mr. SANDERS. That is it?
The PRESIDING OFFICER. The Senator from Vermont.
Mr. SANDERS. We have a healthcare crisis--85 million uninsured or
underinsured, people dying because they can't afford healthcare. We pay
the highest prices in the world for prescription drugs. We have reached
a bipartisan conclusion to go forward in a modest way, but it would
have some impact in approving healthcare in America, and my Republican
colleague objects. That is about it.
Well, I hope the American people are watching.
Mr. WYDEN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. THUNE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S1768]]
Order of Procedure
Mr. THUNE. Mr. President, I ask unanimous consent that the cloture
motion with respect to the motion to proceed to H.R. 1968 be withdrawn
and that the motion to proceed to H.R. 1968 be agreed to; further, if
cloture is filed on H.R. 1968, the Senate immediately vote on the
motion to invoke cloture, and if cloture is invoked, the only
amendments in order to H.R. 1968 be the following: Merkley No. 1273,
Duckworth No. 1274, Van Hollen No. 1272, and Paul No. 1266; that the
Senate vote on adoption of the amendments in the order listed, with 60-
affirmative votes required for adoption with the exception of the Paul
amendment; that there be 2 minutes for debate, equally divided, prior
to each vote; further, that upon disposition of the Paul amendment, all
postcloture time be expired, the bill be considered read a third time,
and the Senate vote on passage of the bill as amended, if amended, all
without further intervening action or debate; further, that following
disposition of H.R. 1968, the Senate proceed to immediate consideration
of S. 1077; that there be up to 10 minutes for debate on the bill,
equally divided between the two leaders or their designees; that upon
the use or yielding back of time, the bill be considered read a third
time and the Senate vote on passage, with no amendments or motions in
order to the bill, and that the motions to reconsider be considered
made and laid upon the table with no intervening action or debate;
finally, following disposition of S. 1077, notwithstanding rule XXII,
the Senate resume executive session and vote on the motion to invoke
cloture on the Phelan nomination; and if cloture is invoked on the
Phelan nomination, all postcloture time be expired and the Senate
immediately vote on the motion to invoke cloture on the Landau
nomination; and if cloture is invoked on the Landau nomination, all
postcloture time be expired and the Senate vote on confirmation of the
nominations at a time to be determined by the majority leader in
consultation with the Democratic leader no earlier than Monday, March
24.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________