[Congressional Record Volume 171, Number 100 (Wednesday, June 11, 2025)]
[House]
[Pages H2625-H2633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HALT ALL LETHAL TRAFFICKING OF FENTANYL ACT
Mr. GRIFFITH. Mr. Speaker, pursuant to House Resolution 489, I call
up the bill (S. 331) to amend the Controlled Substances Act with
respect to the scheduling of fentanyl-related substances, and for other
purposes, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 489, the bill
is considered read.
The text of the bill is as follows:
S. 331
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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
[[Page H2626]]
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.
``(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,
[[Page H2627]]
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 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 SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the chair and ranking minority member
of the Committee on Energy and Commerce or their respective designees.
The gentleman from Virginia (Mr. Griffith) and the gentleman from New
Jersey (Mr. Pallone) each will control 30 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GRIFFITH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks on the
legislation and to insert extraneous materials on S. 331.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GRIFFITH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, unfortunately, most Members in this Chamber know someone
who has been affected by the drug overdose epidemic plaguing our
country. According to the Centers for Disease Control and Prevention,
in 2023, there were more than 107,000 overdose deaths that occurred in
the United States. These staggering numbers are due in large part to
the increasing presence of fentanyl and fentanyl analogues which are
approximately 100 times more potent than morphine and 50 times more
potent than heroin. The lethal dose of fentanyl is just 2 milligrams or
about four grains of sand.
A loophole that the cartels have tried to use to traffic their
illicit fentanyl into our country is by changing one part of fentanyl's
chemical structure to create fentanyl analogues. The cartels did this
in an attempt to evade our criminal laws.
Right now, fentanyl analogues are considered schedule I substances,
but only because of a series of temporary scheduling orders, and that
order is now set to expire on September 30 of this year.
That is why the HALT Fentanyl Act, led by myself and my friend, the
gentleman from Ohio (Mr. Latta) in this House and then Senators Cassidy
and Heinrich in the Senate, is critically needed.
This bill aims to curb overdose deaths by permanently scheduling
fentanyl analogues as schedule I substances, Mr. Speaker. This will
strengthen law enforcement's ability to prosecute fentanyl traffickers
and act as a deterrent.
The HALT Fentanyl Act promotes research by improving the registration
process so eligible individuals can conduct studies on schedule I
substances
[[Page H2628]]
with the appropriate safeguards. In the Energy and Commerce Committee,
we have heard there may be as many as 4,800 analogues. My understanding
is that experts at NIH and FDA and other agencies have studied roughly
30 of those 4,800 analogues.
By encouraging research of schedule I substances like fentanyl
analogues, we can better understand how these substances work and how
we can prevent potentially harmful impacts in the future. The temporary
bans, Mr. Speaker, did not deal with the research component. So without
this bill, we cannot legally do the research on the analogues that may,
someday, be found to have medical benefits.
Because fentanyl itself has a proven medical use, it is considered a
schedule II drug, but illicit derivatives of fentanyl, also called
fentanyl analogues, currently have no demonstrated medical value.
Let me be clear. This bill will have no impact whatsoever on a
physician's ability to administer fentanyl in medical settings. The
HALT Fentanyl Act deals specifically with analogues, not medicinal
fentanyl.
We must address this bipartisan issue immediately and not allow this
temporary extension to expire in September.
Once fentanyl analogues are permanently placed into schedule I,
Congress will continue to build off this work to continue to address
the illicit fentanyl crisis in our country.
According to a 2021 GAO report, there was a 90 percent decrease in
these analogues coming into our country the year they were placed
temporarily into schedule I.
This bill is a critical step in combating the opioid crisis in our
country because China and Mexico are heavily involved in this business.
China sends the precursors of fentanyl and fentanyl analogues, the API,
or active pharmaceutical ingredients, to the cartels in Mexico who are
then making the drugs and bringing them across our borders.
By making these analogues permanently schedule I, it removes the
incentive to traffic these drugs into our country due to the penalties
if they are caught.
China has even realized the risk of analogues themselves and has
permanently scheduled these analogues on their strictest schedule.
Other countries have followed suit and done the same.
This bill received bipartisan support on the House floor with a vote
of 312-108 in February. The bill has the support of many law
enforcement agencies and other entities calling for the need to pass
the bill.
With passage of this version of the bill, it will be sent to the
President's desk. I am hopeful the President will sign this bill into
law quickly so that we can continue to combat this crisis and begin
research in earnest to see if there is any benefit from any of the
analogues that may help people who are afflicted having been addicted
by accident or on purpose to fentanyl.
Mr. Speaker, I urge all my colleagues to support S. 331, the HALT
Fentanyl Act, and I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to S. 331, the HALT Fentanyl Act.
The House approved this bill in February, and since that time, the
Trump administration has set its sights on dismantling our Nation's
public health infrastructure, including the agency directly responsible
for addressing mental health and substance abuse disorders.
Republicans are going to claim today that they are addressing the
opioid overdose crisis with this bill, but this is nothing but a
distraction from the fact that Republicans continue to silently stand
by and allow the Trump administration to gut our public health
agencies.
Republicans are also attempting to distract from the fact that last
month they passed the largest cuts to healthcare in American history as
part of their big, ugly bill. Republicans are stripping healthcare away
from 16 million Americans so they can give giant tax breaks to
billionaires and big corporations, two groups that don't need any help
right now.
Now, Mr. Speaker, over the last couple of years, we have made
significant progress in addressing the opioid overdose crisis. Last
year, the Centers for Disease Control and Prevention announced a 24
percent decline in drug overdose deaths for the 12 months ending in
September of 2024, compared to the previous year. This is encouraging
news, but I am deeply concerned that the Trump administration's attacks
on public health, coupled with the Republicans' attacks on Americans'
healthcare will seriously threaten the improvements we have made.
The bill before us today permanently schedules fentanyl-related
substances on schedule I of the Controlled Substances Act. This is
based on a class definition disputed by scientists. I oppose this bill
because it is a permanent extension instead of a temporary one that we
agreed on for 2 years in the end-of-the-year appropriations package.
Now, that bipartisan package was pushed aside by Speaker Johnson
after Elon Musk voiced his opposition to the overall package. The
temporary option would have left the door open for an off-ramp to
substances found to have potential medical applications. However, this
Republican bill would also exacerbate inequities in our criminal
justice system because drugs placed on schedule I include mandatory
minimum sentencing. S. 331 also does not provide additional resources
for prevention, treatment, recovery, or harm reduction.
So this bill is essentially recycling an incarceration first response
to what I consider mainly a public health challenge. That is because
Republicans don't want to talk about this as a public health challenge.
Instead, President Trump and House Republicans want to focus on
piecemeal policies in the hopes it will distract from their efforts to
gut Medicaid and drug treatment programs.
Now Republicans are sabotaging Medicaid, which will be devastating to
people who struggle with mental health and substance use issues.
Medicaid is the single largest payer in the country for behavioral
health services, covering 40 percent of all Americans with opioid use
disorder.
Americans with substance use and mental health issues will face new
barriers and red tape in signing up for and staying enrolled in their
health insurance. House Republicans are setting up new barriers and
roadblocks to care that will, unfortunately, result in our mental
health and substance abuse crises only worsening.
Republicans are silently standing by as the Trump administration is
moving forward with an unauthorized and illegal plan to eliminate the
Substance Abuse and Mental Health Services Administration, better known
as SAMHSA. SAMHSA is the very agency responsible for preventing
substance use disorder, increasing access to treatment, and promoting
recovery.
It will be combined with other agencies that the Trump administration
doesn't care about under the banner of a larger make America healthy
again office. Now, these critical programs to treat mental health and
substance abuse will be deprioritized or eliminated in favor of
Secretary RFK, Jr.'s, pet projects, like destroying Americans' access
to vaccines. He is going to prioritize that, and not SAMHSA and
substance abuse treatment.
Congress has received zero information from the Trump administration
about how this new office will work and how the work of SAMHSA to
address the mental health and substance use treatment needs of our
community will be prioritized.
Mr. Speaker, I include in the Record a letter from the Nation's
leading mental health and substance use treatment organizations. It is
called the Mental Health Liaison Group.
MHLG,
Washington, DC, June 10, 2025.
Hon. Brett Guthrie,
Chairman, House Energy & Commerce Committee,
Washington, DC.
Hon. Frank Pallone,
Ranking Member, House Energy & Commerce Committee,
Washington, DC.
Dear Chairman Guthrie and Ranking Member Pallone: The
Mental Health Liaison Group (MHLG), a coalition of national
organizations representing people with mental health
conditions and substance use disorders, family members,
mental health and addiction providers, advocates and other
stakeholders is committed to strengthening Americans' access
to mental health and substance use disorder care. We are
incredibly disheartened by the proposal from the U.S.
[[Page H2629]]
Department of Health and Human Services (HHS) to eliminate
the Substance Abuse and Mental Health Services Administration
(SAMHSA) as we know it, as well as drastically reduce
spending or eliminate critical SAMHSA programs. Such a move
would have devastating consequences for the 84.5 million
Americans with a mental health and/or a substance use
disorder, many of whom rely on SAMHSA's programs, research,
oversight, and leadership to address critical mental health
and substance use disorder needs.
Since SAMHSA was established by Congress more than two
decades ago, the agency has built an infrastructure to
coordinate and lead public health efforts to advance the
behavioral health of the nation. SAMHSA and most of its
programs and activities are authorized under Title V of the
Public Health Service Act (PHSA), of which the Energy and
Commerce Committee has sole jurisdiction. Yet, contrary to
the statute, the HHS FY 2026 Budget in Brief proposes to
eliminate SAMHSA and move some of its functions to a new
Administration for a Healthy America (AHA). If this becomes
reality, there will no longer be a federal agency whose
specific purpose, function, and expertise is to address
mental health and substance use disorders. Given the current
opioid public health emergency, and our nation's ongoing
mental health crisis, we are confused and troubled by this
proposal. SAMHSA's work is lifesaving, helping ensure
communities have access to mental health and substance use
treatment services--along with suicide prevention
strategies--with enough providers to deliver the care that
every American deserves.
SAMHSA's effectiveness is due to its position as a federal
agency with its specific focus on supporting community-based
mental health and substance abuse treatment and prevention
services. Through the development of education, training,
toolkits and resources; administering grants; and providing
technical assistance informed by specialized expertise and
data, SAMHSA is able to identify trends, implement
efficiencies informed by current needs, and support states in
providing community-based services for mental health
conditions and substance use disorders.
Additionally, the proposed HHS budget would eliminate
scores of mental health programs, including some that your
committee explicitly established in the landmark Substance
Use-Disorder Prevention that Promotes Opioid Recovery and
Treatment (SUPPORT) for Patients and Communities Act of 2018.
Programs slated for elimination include Comprehensive Opioid
Recovery Centers and the Youth Prevention and Recovery
Initiative. These are just two examples of programs that your
committee authorized in 2018 and voted to reauthorize on a
bipartisan basis earlier this year, in addition to other
concerning eliminations within the Programs of Regional and
National Significance and those related to combatting
overdose-related deaths. These proposed eliminations come at
the same time that HHS extended the public health emergency
declaration for our nation's opioid crisis--targeting the
same programs aimed at addressing this crisis.
As leading voices working on mental health and substance
use disorders, we believe it is paramount that the federal
government retain a standalone agency explicitly focused on
mental health and substance use disorders. In 2016, this
committee recognized the importance of SAMHSA and the public
health threats of mental health and addiction by elevating
the leader of the agency from an Administrator to an
Assistant Secretary of Mental Health and Substance Use,
directly reporting to the Secretary. Within another agency,
SAMHSA--and a focus on mental illness and addiction--will not
have the same direct impact on HHS proposals and will not be
elevated as a resource and partner for other components of
HHS. SAMHSA has partnered with HRSA on workforce, CDC on the
impact of infectious diseases on people with mental illness,
NIH on early psychosis programs and CMS on health homes and
demonstration programs in behavioral health. As with previous
federal agency reorganizations, any efforts to change or
reorganize SAMHSA should be directed by the Committee.
Through your leadership of the Committee, our nation has
made thoughtful progress to address our mental health and
substance use crisis. We urge you to continue your bipartisan
focus on proven programs that address severe, chronic, and,
far too often, life-threatening mental illnesses that impact
our families, friends, and neighbors in every comer of our
nation. Please ensure that any changes to SAMHSA programs do
not disrupt, delay, or reverse our nation's great progress
and commitment to addressing our mental health, suicide, and
substance use crises.
Sincerely,
American Association for Marriage and Family Therapy,
American Association for Psychoanalysis in Clinical Social
Work, American Association of Child and Adolescent
Psychiatry, American Association of Psychiatric Pharmacists,
American Association on Health and Disability, American
Foundation for Suicide Prevention, American Mental Health
Counselors Association, American Occupational Therapy
Association, American Psychiatric Association, American
Psychiatric Nurses Association, American Psychoanalytic
Association, American Psychological Association Services,
Anxiety and Depression Association of America, Association
for Ambulatory Behavioral Healthcare (AABH), Bazelon Center
for Mental Health Law, Center for Law and Social Policy
(CLASP).
Children and Adults with Attention-Deficit/Hyperactivity
Disorder, Clinical Social Work Association, Committee for
Children, Depression and Bipolar Support Alliance (DBSA),
Fountain House, Global Alliance for Behavioral Health &
Social Justice, Huntington's Disease Society of America,
Inseparable, International OCD Foundation, International
Society of Psychiatric-Mental Health Nurses, Legal Action
Center, Maternal Mental Health Leadership Alliance, Mental
Health America, National Alliance on Mental Illness (NAMI),
National Association of Pediatric Nurse Practitioners,
National Board for Certified Counselors.
National Council for Mental Wellbeing, National Eating
Disorders Association, National Federation of Families,
National Health Law Program, National League for Nursing,
National Register of Health Service Psychologists, National
Women's Sheter Network, Inc., Network of Jewish Human Service
Agencies, Psychotherapy Action Network (PsiAN), SMART
Recovery, The National Alliance to Advance Adolescent Health,
The National Association for Rural Mental Health, The
National Association of County Behavioral Health and
Developmental Disability Directors (NACBHDD), The Trevor
Project, Tourette Association of America, Trust for America's
Health.
Mr. PALLONE. Mr. Speaker, this letter is in strong opposition to the
Trump administration's efforts to eliminate SAMHSA, as well as their
reference to drastically cut funding and eliminate critical SAMHSA
programs.
As they write in this letter: These proposals ``would have
devastating consequences for the 84.5 million Americans with a mental
health and/or a substance use disorder, many of whom rely on SAMHSA's
programs, research, oversight, and leadership to address critical
mental health and substance use disorder needs.''
Mr. Speaker, the Trump administration is also rescinding more than $1
billion in essential funding that States rely on through block grants.
This rescission is wreaking havoc on States' efforts to support
prevention, treatment, and recovery. That is because States, counties,
and towns are the main places where these treatment programs are.
My Republican colleagues refuse to hold this administration to
account for these devastating and illegal cuts. Instead, they are
trying to distract with this bill. This bill is opposed by nearly 190
national, State, and local public health, criminal justice, and civil
rights organizations.
So, Mr. Speaker, I oppose the bill, and I encourage my colleagues to
oppose it as well.
I don't want anyone to misunderstand. What I am saying is that if we
don't treat mental health and substance abuse as a public health crisis
and, instead, we just say that we are going to have mandatory sentences
and throw everybody in jail, lock the door, and throw away the key,
then I don't think that is going to solve the problem.
{time} 1345
I will continue to highlight that while Republicans propose these
mandatory sentences and want to put fentanyl permanently on the
schedule, that is not the answer to this mental health crisis. It is
not the answer. The answer is to provide adequate treatment, and
education. It is also to prevent the drugs from coming into the country
but not just to put people in jail and throw away the key.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Latta) who has helped lead the charge on this legislation for
many years now.
Mr. LATTA. Mr. Speaker, I thank my good friend for yielding me time.
Mr. Speaker, for 4 years I have worked tirelessly with my colleague
from Virginia's Ninth District to pass the HALT Fentanyl Act. In 2023,
we saw over 107,000 overdose deaths, 75,000 of those attributed to
synthetic opioids, especially fentanyl-related substances.
Currently, fentanyl and fentanyl analogues temporarily fall under
schedule I of the Controlled Substances Act, the CSA, due to a
temporary scheduling order that runs through September 30 of this year.
This bill would permanently place fentanyl analogues into schedule I
of the CSA. A schedule I controlled substance is a drug, substance, or
chemical that has a high potential for abuse,
[[Page H2630]]
has no currently accepted medical value, and is subject to regulatory
controls and administrative civil and criminal penalties.
Today, this Chamber is permanently scheduling fentanyl-related
substances as schedule I.
We owe it to our communities, our constituents, the families, and to
the victims. Cartels are quite literally killing Americans for ten
cents. Among teens, fentanyl poisoning accounted for an average of 22
deaths per week in 2022.
Fentanyl is the number one cause of death among adults 18 to 49, more
than cancer, heart disease, and car accidents. This isn't about
criminal justice reform. This is about victims getting justice.
Currently, to trigger a 10-year mandatory minimum, an offense must
involve 100 or more grams of a mixture containing a fentanyl analogue.
Two milligrams of fentanyl will kill. This means 100 grams of fentanyl
analogue can kill roughly 50,000 people.
Mr. Speaker, I thank our Senate colleagues for passing this critical
legislation, and I encourage all of my House colleagues to support the
HALT Fentanyl Act so we can get this to the President's desk and stop
the greatest poisoning in American history.
Mr. GRIFFITH. Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think House Republicans know that we can't simply
schedule our way out of this crisis, but they have refused to pass
bipartisan solutions that address prevention, treatment, and recovery
to help stop overdose deaths.
I know that they passed reauthorizing the SUPPORT for Patients and
Communities Act last week, but the bottom line is that all of the
programs under the SUPPORT for Patients and Communities Act that have
helped with treatment, helped with education, caused the number of
overdose deaths to decline are being gutted. The staff that administer
them and SAMHSA, the program that they are under, all of these things
are being either eliminated, gutted, or the funding frozen by the Trump
administration.
My point today is this is not just a criminal justice issue. We must
combat this opioid crisis through a multipronged public health
approach.
Nearly half of all people in Federal prison today have been convicted
of a drug-related offense, with a racial and ethnic disparity among
those convictions.
Access to treatment remains a challenge today. In 2023, according to
SAMHSA, approximately one-quarter of the people who are classified as
needing substance use treatment received it in the last year. People
with a substance use disorder who are untreated are eight times more
likely to die of an overdose compared to those who receive medication
treatment.
Just putting people away and throwing away the key is not the answer.
Cutting back on the treatment programs, and the education programs
under SAMHSA, is certainly going to make things worse.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield 2 minutes to the gentleman from
Kentucky (Mr. Guthrie), the chairman of the Energy and Commerce
Committee.
Mr. GUTHRIE. Mr. Speaker, I thank the gentleman for yielding me the
time.
Mr. Speaker, this is not the answer to the problem. This problem is
not going to be solved by only putting people in jail and throwing away
the key. I will tell you there are people who are purveyors of this
illicit fentanyl that deserve to be put in jail and throw away the key.
That is what we have to do to people that are selling this poison to
children.
Congress has people that testify before our committee that their
child took Adderall before a test, and it was laced with fentanyl. They
were poisoned. It is not that they had addiction issues. It is that
they are poisoning our communities.
There are people selling this. They are purveying it, creating it,
growing it, and creating it chemically.
What the Energy and Commerce Committee is doing, today we are doing
the HALT Fentanyl Act to address the criminal justice side of it.
However, my friend from New Jersey is correct, what also has to be
addressed are the issues affecting people that are suffering from
substance use disorder. We did that in the SUPPORT for Patients and
Communities Reauthorization Act of 2025 where we had over, I think, 350
votes on the floor. It was broadly bipartisan on the floor of the
House. We are committed to ensuring that people have access to
treatment. We are equally committed to ensuring that people that are
purveying this poison on our communities, our cities, bringing it
across the border, deserve to have their day in court, and deserve to
answer to justice. If it be the case that these are the people
poisoning our children, they should be put in jail and the key thrown
away. Our committee will not apologize for that.
It takes an all-of-the-above approach for this issue, and we are
willing to do an all-of-the-above approach. I ask my colleagues to
support this bill. It is extremely important. The DEA alone has said
that they support this, and it is time we do it.
Mr. Speaker, I ask this body to support it.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the chairman of our committee knows I have great respect
for him, but the bottom line is that this bill does not consider
individual circumstances. It is not just people that are selling drugs.
Look, I totally agree that if someone is selling fentanyl, it is a
totally different situation from someone who is arrested for possessing
it. The fact of the matter is this bill covers both those who possess
it, using it for themselves, and those who are selling it--maybe those
who have a huge ring of selling it.
My point is that when there are mandatory minimums, all those people
come under the same rubric. The legislation, because it now makes
permanent fentanyl on the schedule I, the mandatory minimums apply, and
the harsh penalties do not consider individual circumstances.
I don't want to keep repeating, but I will, about how the legislation
has no resources for prevention or treatment and just simply locks
people up. The point is that there are going to be families and
communities, because of the minimum mandatory sentencing and the
inability of the judge to look at the individual circumstances, that we
are going to repeat the same mistakes that were made for many years
responding to other drugs.
Right now we know that people of color have been disproportionately
incarcerated and sentenced to mandatory minimum sentences. The trend of
racial disparity also can be seen in prosecutions for offenses
involving fentanyl and fentanyl analogues.
The Sentencing Commission data from fiscal years 2021 to 2023
provides strong evidence that these prosecutions disproportionately
target people of color.
I would like to get beyond the point here when we debate these bills
of saying that mandatory sentencing is a good thing, regardless of
whether they are charged with possession or selling or how much they
are selling, but that is not what this bill does. They get locked up.
There are no individual circumstances considered. We know the
consequences of that for people in many cases who, in my opinion, if I
was the judge, would not impose these harsh mandatory penalties.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman from Virginia, who
is the original sponsor, along with Representative Latta from the great
State of Ohio. This is a very important bill, and I strongly urge that
the House pass this particular bill.
For far too long, our communities have been plagued by poisonings
from fentanyl and fentanyl-related substances. Every one of our
congressional districts have been affected by this crisis. Kids are
dying. They are dying, and Congress has got to make this permanent.
Illicit drugs have poured across the border, made it onto the
streets, and affected our communities, every one of our communities.
They are often mixed with other illicit drugs, and users are
[[Page H2631]]
often unaware of the presence and potent effects, which makes the
danger even harder to stop.
People hear stories on a regular basis where kids go out and party.
They shouldn't be using recreational drugs, but they don't deserve to
die. I heard the example just today by our chairman with regard to some
of these drugs, say marijuana, what have you, and other drugs. The kids
should not be using these drugs, but they don't deserve to die. They
are laced with fentanyl, and it is just awful. It is awful for the
kids, but also for the families and the friends of the kids.
We must ensure that law enforcement has the tools it needs to address
these threats, and that is what we are doing today. The HALT Fentanyl
Act will permanently schedule fentanyl-related substances as a class I
drug. This is long overdue.
I know my good friend, Mr. Griffith, and also Mr. Latta, have been
working on this for years. This must pass the United States Senate
after we get it out of the House today. We need to save lives. That is
the bottom line.
Mr. PALLONE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. GRIFFITH. Mr. Speaker, I now yield 2 minutes to the gentleman
from Georgia (Mr. Carter), the chairman of the Health Subcommittee.
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today in strong support of the HALT Fentanyl Act,
which permanently extends President Trump's 2018 schedule I
classification of fentanyl-related substances.
Mr. Speaker, the United States is facing a poisoning epidemic, and it
is caused by illicit fentanyl and its related substances that are
pouring over our borders and into our communities.
In 2023, under the Biden-Harris administration, more than 107,000
people died of drug overdoses, roughly 75,000 of whom died from
synthetic opioids, largely illicit fentanyl, or fentanyl-related
substances.
Included in that number is a family from Georgia who lost their two
sons, 22-year-old Gannon and 19-year-old Max, to fentanyl poisoning.
We cannot allow this lawlessness and tragedy to continue to tear our
communities apart. That is why we must stop deadly fentanyl from
flooding across our borders and crack down on traffickers.
President Trump has already made progress by securing our borders,
and Congress must support him in this critical effort. That is why
Congress must pass the HALT Fentanyl Act that is before us today.
Mr. Speaker, let's pass this bill, secure our borders, stem the tide
of the growing fentanyl crisis, and save lives.
Again, Mr. Speaker, this is fentanyl poisoning. We are not talking
about addiction here. We are talking about one pill, one pill that
poisons, and that kills people. That is what my colleagues are trying
to prevent here.
{time} 1400
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I listened to what the chairman of our Health
Subcommittee said, and I am not arguing with him that we have to look
at the fentanyl crisis in many ways, particularly at the border, and
prevent it from coming into the country from China and other places
that flood this country with it. Yet, my point is that what we are
hearing from the Trump administration and from the Secretary of HHS,
Robert Kennedy, Jr., is that we are going to defund substance use
disorder programs, mental health programs, and treatment.
The fact of the matter is that about 58 percent of the people in
prison right now have a substance use disorder. People with these
disorders have challenges in getting appropriate treatment, and
incarceration often exacerbates their symptoms. By having these
mandatory penalties and putting more people in prison, who are, in many
cases, only there because of mandatory sentences for possession of
fentanyl and analogues, it only exacerbates their condition. It leads
to individuals staying incarcerated longer, and they don't get
treatment.
In the congressional justification for the Trump administration for a
healthy America, the HHS agency proposes to cut various substance use
and mental health programs that are helping State and local health
departments combat the opioid crisis.
For fiscal year 2026, the Department of Health and Human Services
proposes to zero out State opioid response grants, the Community Mental
Health Services Block Grant, first responder training, youth prevention
and recovery programs, and many, many more. I talked about this
recently.
The bottom line is that if you zero out all of these programs--I
think it is over $1 billion that has already been frozen--you are going
to have no opportunity locally to actually help people with treatment
and education. All you are going to do now is just throw them in
prison, which only exacerbates the problem.
In the President's budget, they propose to cut SAMHSA programs that
assist with harm reduction strategies to help those in need, as well as
programs to help prevent Americans from using controlled substances.
The President's budget also calls for reducing opioid overdose
prevention and surveillance by $29 million.
I think that every dollar that is cut for prevention, treatment, and
education is a life that is left unprotected. Terminating these
critical programs and offices just puts millions of lives battling
substance abuse in jeopardy.
Mr. Speaker, I wish my colleagues would spend time on these issues of
protecting public health and coming up with solutions instead of
retreading a bill that prioritizes this criminal justice approach,
which I think doesn't work.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Obernolte).
Mr. OBERNOLTE. Mr. Speaker, I rise in strong support of S. 331, the
HALT Fentanyl Act.
Mr. Speaker, opioid overdoses have become an epidemic in this
country. Last year, over 100,000 Americans lost their lives to
overdose, and fentanyl poisoning is the driving force behind that.
Mr. Speaker, it is not just the country at large that has experienced
this problem. In my own district, we have seen an over 1,000 percent
increase in the rate of fentanyl poisoning and deaths.
Mr. Speaker, I had the most difficult day in my over 20 years in
public office recently when I had to console one of my constituents, a
mother who lost both of her sons on the same day to the same fentanyl
poisoning event.
We must give our law enforcement the tools to combat this problem.
This bill does exactly that. It permanently reschedules fentanyl and
its analogues as a schedule I narcotic, and it gives our law
enforcement agencies the tools that they need to begin dealing with
this problem.
That is why I am proud to be a cosponsor of the House version of this
legislation, and I urge my colleagues to vote in support of it.
Mr. PALLONE. Mr. Speaker, I reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Fitzgerald).
Mr. FITZGERALD. Mr. Speaker, I thank Chairman Guthrie and Congressman
Griffith for their leadership on this issue.
This is a historic moment, Mr. Speaker. House Republicans are
delivering on a promise to stop the flow of deadly fentanyl that, for
years, has been flooding our communities and, tragically, tearing
families apart.
Today, drug overdose is the leading cause of accidental death across
the country, and fentanyl-driven overdoses are the leading cause of
death for American adults between 18 and 45 years of age. That is
because it is cheap to make, easy to transport, and so potent. Just a
few milligrams can be lethal.
Addressing the spread of illicit and illegal fentanyl-related
substances has been a top priority not only for myself but for many
other colleagues in this House. It is hard for me to believe what I am
hearing from the minority right now.
One of the first pieces of legislation that we introduced in the
117th Congress was the Stopping Overdoses of Fentanyl Analogues Act.
SOFA is the same acronym as an organization started by Lauri Badura of
Oconomowoc, Wisconsin, Saving Others For Archie. Archie was her son.
Lauri has worked to raise awareness of the dangers of drug addiction
[[Page H2632]]
throughout Wisconsin following the loss of her son Archie to a fentanyl
overdose.
Mr. Speaker, I personally recognize the work of Lauri, as well as Dr.
Timothy Westlake of Waukesha, Wisconsin, for spearheading legislation
in the Wisconsin State Legislature that culminated in the bill being
debated before us today.
Since 2017, they have been working on a permanent solution, and that
is scheduling fentanyl as a schedule I item. It is the most important
thing that this House of Representatives will do in this Congress.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Neguse), who is our assistant minority leader.
Mr. NEGUSE. Mr. Speaker, I thank the gentleman for yielding me time.
First, I thank the ranking member for his leadership in addressing
the scourge of fentanyl overdoses across our country.
I serve as one of the co-chairs of the Bipartisan Fentanyl Prevention
Caucus with Representative Darrell Issa and Representative Madeleine
Dean. It is certainly an issue that we have worked tirelessly on. I
appreciate the bipartisan cooperation, notwithstanding, obviously, the
disagreements with respect to this particular bill. I think the ranking
member has spoken very eloquently with respect to his concerns.
I thank the ranking member for indulging me and giving me a few
minutes to speak on the floor because, at the conclusion of this
debate, I intend to make a unanimous consent request of the Chair. I
would hope that it is a consent request that everyone in this House
could agree to.
As many of my colleagues, of course, are well aware, there was a
terrible, heinous terrorist attack in my district 10 days ago in
Boulder, Colorado. We have introduced a resolution, H. Res. 476. It is
a bipartisan resolution. Several of my Republican colleagues have
joined me on this resolution.
It denounces anti-Semitism, condemns the horrific attack in my
community, and lifts up the organization Run for Their Lives, which was
heinously targeted by this terrorist. This is an organization that has
been working every week to peacefully call for the release of the
hostages held by Hamas in Gaza.
Mr. Speaker, I am simply asking for this House to consider my
resolution. This terrible attack happened in my district. I have no
doubt that if Republican leadership just puts the resolution on the
floor, it will pass unanimously in this House. I have no doubt, so I am
just asking my colleagues to give us the opportunity to weigh in or at
least explain to us and my constituents why my community is being
deprived of this resolution that honors law enforcement, the FBI and
the Boulder Police Department, which acted so swiftly in response to
this terrorist attack.
Mr. Speaker, I know Mr. Griffith, in particular, to be somebody who
shares, I believe, my views as I have articulated them with respect to
this particular attack, and I just hope that my colleagues would agree
to give this resolution its due course.
Mr. GRIFFITH. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Joyce), the vice chairman of the Committee on Energy
and Commerce.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I rise today in strong
support of the HALT Fentanyl Act, critical legislation to crack down on
the criminals who produce, traffic, and sell fentanyl and fentanyl-
related substances.
Earlier this year, we were able to hear powerful testimony from two
of my constituents, Ray and Deb Cullen, who tragically lost their son,
Zach, to fentanyl poisoning. Unfortunately, they are not alone in this
pathway to pain. Last year, one Pennsylvanian died from an overdose
every 2 hours, with the overwhelming majority of these resulting from
fentanyl poisoning.
We owe it to our future generations to end this plague on our society
by passing the HALT Fentanyl Act.
Our courageous Border Patrol and law enforcement officers will be
more effective in removing fentanyl and fentanyl-related substances
that come across our border, end up in our communities, and poison our
children, friends, and neighbors.
Additionally, this legislation will also result in harsher penalties
for the criminals and cartel members who are responsible for the spread
of this poison. As a nation, we can no longer sit by while future
generations of American workers, parents, and community leaders are
taken away from us.
Mr. Speaker, I encourage my colleagues on both sides of the aisle to
support this legislation today and to save the lives of so many
throughout this great country. It is time to halt fentanyl.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we had this bill in the House back in February, and then
it went to the Senate. Essentially, what came back today for final
approval or final passage is the same bill.
As was mentioned by my Republican colleagues, if it passes today, it
goes straight to the President's desk. At the time in February, when we
were discussing this bill, I had pointed out that President Trump had
just pushed a scheme, really, straight out of Project 2025 to choke off
virtually all Federal funding, including halting over $8.6 billion in
grant funding for the Federal programs to combat the opioid crisis. At
the time, congressional Republicans just stood by silently as it
happened.
Trump halted over $6.5 billion in funding for the Substance Abuse and
Mental Health Services Administration, SAMHSA, which supports treatment
programs and prevention efforts. He also halted nearly $1.5 billion in
funding for the National Institutes of Health drug abuse and addiction
research programs, which conduct and support research on substance
abuse and addiction, basically to better understand the causes of
addiction and identify treatments and interventions that reduce
overdoses.
Trump also halted all federally funded programs that provide critical
opioid-related services, including federally qualified health centers,
which serve a high proportion of patients disproportionately impacted
by the opioid crisis.
The Department of Health and Human Services also eliminated the
workforce training programs, including the Integrated Substance Use
Disorder Training Program, which trains professionals to provide opioid
use disorder prevention, treatment, and recovery services.
Mr. Speaker, we went to court over a lot of these things, and many of
them were overturned. Yet, I don't want anyone to think that the
President is giving up. He is going to continue his efforts to
illegally cut these programs, and I mentioned some of them before.
Again, House Republicans are doing nothing to halt any of this.
In addition to that, I have to say that the big, ugly bill passed a
couple of weeks ago by the Republicans, I think, altogether, between
Medicaid, the ACA, and Medicare, because of sequestration, cuts, I
don't know, I would say $1.7 trillion or so.
Understand that Medicaid is the single largest payer for behavioral
health services in the United States and covers nearly 40 percent of
all individuals with opioid use disorder. Medicaid covers a full array
of services and support for people with behavioral health needs,
including services and supports that typically are not covered by other
health programs.
This is an assault on every effort for prevention and treatment of
opioid disorders, whether it is cutting Medicaid, eliminating SAMHSA's
programs, or cutting the money that goes back to States and towns to
help people with treatment.
Mr. Speaker, again, this bill is a distraction because it gives the
impression that if you lock somebody up with a mandatory penalty, even
if it is just for possession, and throw away the key, that is going to
solve your problem. It is not.
{time} 1415
Everything that the President is doing and the Republicans are doing
to support him completely eliminates or significantly cuts back on the
treatment and the education that are going to be much more important in
terms of trying to save people's lives.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Joyce), who I understand is the youngest Mr. Joyce in the
House.
[[Page H2633]]
Mr. JOYCE of Ohio. Mr. Speaker, I rise today in strong support of S.
331, the HALT Fentanyl Act.
This bipartisan bill will save lives by providing critical tools for
law enforcement to combat the ongoing opioid crisis across our country.
Thousands of Americans continue to die each year from fentanyl
overdoses, and Ohio has been particularly hard-hit by the epidemic.
Prior to the temporary rescheduling in 2018, fentanyl-related
substances could only be controlled individually, allowing cartel
chemists to easily create new uncontrolled compounds. This temporary
rescheduling proved to be effective as the number of new compounds
since then has significantly declined.
The prevalence of fentanyl-related substances and continued
trafficking of dangerous narcotics across our southern border requires
strong, decisive action from our Congress.
According to the DEA, there were more than 36 million fentanyl pills
and nearly 4,000 pounds of fentanyl powder seized in 2025. This
represents over 157 million deadly doses.
As a former prosecutor and a co-chair of the Addiction, Treatment,
and Recovery Caucus, I understand the importance of law enforcement
aggressively targeting traffickers and making sure that we are
addressing societal challenges of addiction.
Each life lost to an overdose is a tragedy. We must declare war on
the drugs that are killing our kids in our community.
Mr. Speaker, I encourage my colleagues to support this bill and send
it to the President's desk.
Mr. GRIFFITH. Mr. Speaker, may I inquire as to the time remaining.
The SPEAKER pro tempore. The gentleman from Virginia has 10\1/2\
minutes remaining. The gentleman from New Jersey has 10 minutes
remaining.
Mr. GRIFFITH. Mr. Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as I mentioned before, the bill before us today is the
Senate companion to H.R. 27, which we voted on here in the House on
February 6 of this year. The two bills are identical, other than a
couple of minor punctuation differences. This bill would go to the
President's desk, and he said he would sign it.
However, since that vote in February here in the House, the Trump
administration has seriously threatened our Nation's ability to
confront the ongoing opioid overdose crisis by attempting to dismantle
the Substance Abuse and Mental Health Services Administration, SAMHSA,
as I mentioned, firing hundreds of workers, including senior key
officials, and rescinding over $1 billion from State and local
behavioral health programs.
Mr. Speaker, I continue to oppose this bill because it is a permanent
extension of fentanyl-related substances as schedule I drugs instead of
the temporary one that we agreed on for 2 years in the end of the year
2024 appropriations package.
The temporary option would have left the door open for an off-ramp to
substances found to have potential medical applications. This bill
would also exacerbate inequities in our criminal justice system because
drugs placed on schedule I include mandatory minimum sentencing.
Furthermore, S. 331 also does not provide additional resources, as I
have mentioned, for prevention, treatment, recovery, or harm reduction.
For all these reasons, Mr. Speaker, I urge my colleagues to vote
``no'' on the legislation, and I yield back the balance of my time.
Mr. GRIFFITH. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as the gentleman said, this is an identical bill to the
one that passed out of the House with the exception of a few technical
changes the Senate made, including sticking their number on it instead
of the House number. Other than that, it is essentially the same bill
this House passed and, frankly, with bipartisan support.
I understand the gentleman's objections related to mandatory minimum
sentences, but that is a different bill and a different day. That is
not what this bill is about. This bill is about making fentanyl
analogues a schedule I or making all of them schedule I substances.
The gentleman referenced that there is no off-ramp. I would suggest
to him that the off-ramp is in the eye of the beholder.
What we did in this bill, and I think it is something that everybody
on the floor can be proud of, we put into this bill the capability to
do extensive research by universities, the NIH, and the FDA. We created
a framework to do research on the 4,800 believed analogues of fentanyl.
I believe it has two advantages. One, if we find one of these
analogues that has no harm and even has a positive effect for some
issue, that creates your off-ramp. There is already an off-ramp in the
law for drugs that show promise and have a medicinal benefit. That
opens up other statutes. This one doesn't have that off-ramp, but other
statutes do that would allow if somebody comes in and says, wow, look
at what this does. It does good things in the X area or the Y area or
whatever. This bill has the component parts to make that possible.
Unlike our schedule I on marijuana, which never allowed research or
realistic research and created some of the dilemmas that we have today
with that substance. We fixed that with this bill.
Secondly, that research component, I believe if there is any benefit
in the analogues at all, it may be that one of the analogues--I am not
saying it will and I think the odds are slim, but it is possible that
one of the analogues will have a blocking effect on the deadly aspects
of fentanyl itself, and that would be a huge positive.
When my colleague says that it has nothing on dealing with the
problem as far as people who have an addiction, he is right. It does
not today, but that research component has great potential for the
future.
In the short run, we stop the Chinese from bringing the precursors to
Mexico and the Mexican cartels creating new analogues and trying to get
around our laws by claiming it is not really fentanyl, it is an analog.
We stop those attempts by the bad guys, the illegal people trying to
bring this into our country and bringing it in, unfortunately,
successfully. We stop it. We stop them using that technique to get
around the law. Then we leave the door open for positive future
benefits, if any, in the analogues.
Mr. Speaker, I am proud to have helped draft this legislation. I am
proud to have drafted the part on the research component. I am proud
that, notwithstanding the fact that they made a few tweaks and sent
back a Senate bill rather than sending back mine and Mr. Latta's
original House bill, I am proud to stand here today in support of the
HALT Fentanyl Act.
Mr. Speaker, I urge all of my colleagues in this House to vote
``yes'' and let's send it to the President's desk. Let's make this a
permanent law in the United States.
As Chairman Guthrie said: It is not going to solve every problem, but
it makes our kids just a little bit safer.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 489, the previous question is ordered on
the bill.
The question is on the third reading of the bill.
The bill was ordered to be read a third time, and was read the third
time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. PALLONE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________