Mr. Speaker, I thank Ranking Member Pallone for yielding me time. Mr. Speaker, I rise today in opposition to H.R. 27. I am here to say this is not business as usual right now in Washington, D.C., or…
Mr. Speaker, I thank Ranking Member Pallone for yielding me time.
Mr. Speaker, I rise today in opposition to H.R. 27. I am here to say this is not business as usual right now in Washington, D.C., or all across the country.
House Republicans are offering this bill as window dressing, Mr. Speaker, to a lot of the illegality that is going on across the agencies that is distracting from the White House's stop work orders and payment freeze orders that have been deemed illegal and have been restrained by Federal courts.
This is a window dressing bill to distract from what is happening to payments with our partner States and nonprofit agencies like Head Start centers, infrastructure projects, and medical research across the country.
This is window dressing to distract us from the incursion into Treasury and Medicare payment systems by an unelected billionaire, Elon Musk, and based on some fake, made-up agency, a so-called Department of Government Efficiency. This is a distraction from the illegal and dangerous purge of law enforcement officers and intelligence agents in other agencies.
Mr. Speaker, this is a way to distract and spin your wheels at a time when Elon Musk has just decided to ride into a congressionally appropriated agency in USAID and just say that we are closed for business, which runs completely counter to the United States Constitution.
Where are the Republicans? The American people are demanding answers. Where are the House Republicans?
Mr. Speaker, your silence is deafening.
Federal courts have issued orders to stop this illegal and dangerous activity, and we are not going to allow these illegal operators to run amuck.
Instead, what are House Republicans doing here today? They are offering a flawed bill to address opioid addiction.
I would say to my good friends and colleagues: Your record does not match your rhetoric because there is a back story that belies what House Republicans are bringing here today. First of all, this bill doesn't get the job done. My providers back home say that this is overbroad and really fails to meet the moment of our opioid addiction crisis.
Here is the back story: The SUPPORT Act was adopted in a bipartisan fashion in 2018. It was the largest congressional investment in overdose prevention at the time, and it directed resources to communities that need it to save lives through community-based treatment and recovery. It required Medicaid to cover medications for opioid use disorder. The SUPPORT Act and everything was broadly successful and appreciated. It was working to help free people from fentanyl addiction.
We have to do so much more, however. That is why in the last Congress we worked together to pass a new and more robust SUPPORT Act to address the third wave of the opioid crisis. However, when it came to the year- end appropriations package that was crafted to include it, who shows up but Elon Musk to throw a wrench into our year-end compromise between Democrats
and Republicans to address the opioid crisis through reauthorizing the SUPPORT Act.
The Republicans let him do it. You are allowing it to happen again, Mr. Speaker. Mr. Speaker, why didn't Republicans bring the SUPPORT Act to the floor, something that really meaningfully helps families and communities address the opioid addiction crisis and the fentanyl crisis?
Second, by standing by and allowing the White House and the Justice Department to purge FBI agents and CIA personnel, Mr. Speaker, Republicans are taking the cops off the beat who are tracking the drug traffickers who are trying to break up the fentanyl cartels. So Republicans are making us less safe and are heaping a lot of costs on families that just don't need this chaos.
Third, Mr. Speaker, Republicans have this sneaky and chaotic halt to the flow of healthcare dollars back home, medical research and NIH. Medicaid, we know from all of the reporting, is on Republicans' chopping block. Medicaid is the backbone to providing healthcare and substance abuse treatment for people all across America. Mr. Speaker, Republicans have that in their sights, too.
Tell me whose record doesn't match their rhetoric. I would say it is the House Republicans. No one has the legal authority to turn Treasury payments into means of political retribution. No one in the executive branch has the authority to cancel or ignore congressional appropriations. That is a basic constitutional precept.
Why do Republicans serve in Congress if they want to be a royal subject to a king rather than a Representative of the Article I branch?
Mr. Speaker, this simply is not business as usual today. They bring a bill, H.R. 27, in an effort to paper over the crisis that is going on out there.
Mr. Speaker, I just have to ask my Republican colleagues, because we have so few opportunities to do it in public officially, where is your backbone? Where is your backbone to stand up for Article I and tell the executive branch they are not allowed to destroy agencies that have been constitutionally and congressionally funded?
The Republicans can't allow some made-up department to come in and steal away an agency that we have authorized. Where is your courage?
This bill is also such a diversion from what we should be doing, which is funding opioid-use addiction. They can bring H.R. 27 and say it is the be-all and end-all, but everyone has weighed in to say it doesn't get the job done.
Don't take it from me. Take it from the American Society of Addiction Medicine, the doctors and counselors who treat our neighbors who suffer from addiction. They say, on behalf of the American Society of Addiction Medicine, which is a national medical specialty representing more than 8,000 physicians and associated health professionals who specialize in the prevention and treatment of addiction, they write to urge that the amendments to mitigate the unintended negative consequences be added.
In the end, though, they said, if you are not going to allow us to offer real amendments to fix the bill, they recommend not passing the HALT Fentanyl Act. They say it just preserves the deadly status quo.
However, what do they say in the end? They say they support the SUPPORT Act for patients and communities. That was the agreement at year-end, which Republicans let Elon Musk pull out of the year-end appropriations package.
Republicans shouldn't come today and say, oh, we are solving this problem when they are now complicit in doing it.
Mr. Speaker, I include in the Record a letter from the American Society of Addiction Medicine.
American Society of
Addiction Medicine,
February 3, 2025.
RE Halt Lethal Trafficking (HALT) Fentanyl Act
Hon. Chuck Grassley,
Chairman, Judiciary Committee,
U.S. Senate, Washington, DC.
Hon. Richard Durbin,
Ranking Member, Judiciary Committee,
U.S. Senate, Washington, DC.
Hon. Buddy Carter,
Chairman, Subcommittee on Health Energy and Commerce
Committee, House of Representatives, Washington, DC.
Hon. Diana DeGette,
Ranking Member, Subcommittee on Health Energy and Commerce
Committee, House of Representatives, Washington, DC.
Dear Chairman Grassley, Ranking Member Durbin, Chairman
Carter, and Ranking Member DeGette: On behalf of the American
Society of Addiction Medicine (ASAM), a national medical
specialty society representing more than 8,000 physicians and
associated health professionals who specialize in the
prevention and treatment of addiction, I write to urge
amendments to the Halt Lethal Trafficking (HALT) Fentanyl Act
to mitigate unintended negative consequences and encourage
further Congressional action to address the demand side of
our national addiction and overdose crisis.
Opioid overdose deaths are always tragic, especially
because they are preventable with evidence-based addiction
prevention, treatment, and overdose reversal medications.
Even through drug overdose deaths dropped last year, the
United States (US) has far to go in ending our national
addiction and overdose crisis. We still rank highest in drug
overdose deaths per capita in the world.
Illicitly manufactured, high-potency synthetic opiods,
including fentanyl, are key drivers of overdose deaths in the
US. Therefore, policies aiming to decrease their illegal
importation and distribution are critically important.
However, we are concerned that some of the policies proposed
in the HALT Fentanyl Act may have unintended consequences.
Some minor adjustments may support a better return on
investment. Enacting smart legislation is critical to saving
more American lives.
Specifically, ASAM urges the following amendments to The
HALT Fentanyl Act:
Revise its definition of ``fentanyl-related substances'' to
consider potency and mu opioid receptor activity in the
brain, rather than simply specifying the precise structures
of drugs that would qualify for Schedule I. Strict structural
specification provides a blueprint for drug cartels and
chemists to modify substances to avoid detection or
conviction. Unfortunately, this can lead to more dangerous
substances being manufactured and distributed across the US--
resulting in higher potency substances on the streets and
more severe addictions involving substances for which
existing treatments may not work. Additionally, prosecutions
need to focus on the trafficking and distribution of
fentanyl-related substances that pose a danger to humans; the
bill's current definition may include substances that do not
have ``abuse'' potential;
Expand the federal mandatory minimum safety valve across
all substances to end the practice of low-level drug
offenders with substance use disorders receiving excessive
and expensive sentences. Redirecting associated savings
toward evidence-based addiction treatments would be more
effective;
Refine the expedited research procedures to reference
``substance(s)'' instead of ``substance'' throughout to
clarify that researchers can submit one application for
multiple substances;
Amend the expedited research procedures to remove the
requirement to demonstrate that the researcher is authorized
to conduct research with respect to the substance(s) under
the laws of the State in which the research will take place.
This often creates a catch-22 for researchers. A State won't
approve the research until the researchers can demonstrate
that is approved federally, and the DEA won't approve it
until the researchers can demonstrate that it is approved at
the state level. We recommend deferring to the States to
include the requirement to demonstrate federal approval; and
Express a sense of Congress that, while the legislation may
facilitate prosecutions and seizures of fentanyl-related
substances, increased and sustained Congressional efforts are
needed to address the demand side of our national addiction
and overdose crisis if the primary goal is to save lives.
the halt lethal trafficking (halt) fentanyl act
ASAM agrees with the Drug Enforcement Administration
(DEA)'s assessment that the current scheduling framework
under the Controlled Substances Act (CSA) does not offer
necessary flexibility to combat the threat posed by emerging
synthetic substances. Chemists can constantly adjust their
formulations to evade US scheduling, and law enforcement
faces significant challenges staying ahead of these threats.
In 2018, the DEA exercised its authority to place non-
scheduled fentanyl-related substances into Schedule I for two
years. Congress has extended this temporary class-wide
scheduling on several occasions. While this approach has had
success in reducing law enforcement encounters with new
fentanyl-related substances in the illicit market, it has
been unable to curb the overall flow of illicitly
manufactured fentanyl into the US. Drug cartels have
continued large-scale production and distribution of high-
potency synthetic opioids.
Between 2017 and 2023, the number of illicit fentanyl
seizures in the U.S. skyrocketed by
more than 1,700 percent. Concurrently, the proportion of
fentanyl seizures involving counterfeit prescription pills--
that further exacerbate the risk of overdose by misleading
Americans as to what substance they are ingesting--increased
fourfold. Sadly, overdose deaths involving synthetic opioids
other than methadone (primarily illicitly manufactured
fentanyl) have climbed since 2018 to more than 73,000 in
2022.
In short, the HALT Fentanyl Act merely preserves a deadly
status quo.
Additionally, the legislation would continue (1) imposing
mandatory minimum sentences for quantity-based offenses
involving fentanyl-related substances and (2) defining the
class by chemical structure, regardless of potency or actual
impact on opioid receptors and related risks. Unfortunately,
mandatory minimum sentences are a terrible return on
investment when used to punish low-level drug dealers.
These sentences are expensive, needlessly requiring
thousands of dollars per individual per year. Research has
shown that mandatory minimum sentences do not deter drug
use--either before or after incarceration--and can spend tax
dollars with little to no impact on drug use, drug-related
arrests, or overdose rates. Moreover, a meta-analysis of
research studies found that incarceration not only fails to
prevent drug use, it may even increase the likelihood of
reoffending.
The largest return on criminal justice costs may come from
targeting cartel leaders or high-level drug dealers. Unlike
low-level dealers, they are responsible for the movement of
large quantities of fentanyl-related substances at any given
time. Yet, the highest-level drug traffickers represent only
11% of federal drug offenders across substances. In other
words, the US currently wastes a significant amount of money
incarcerating low-level drug offenders with lengthy
sentences.
a better ROI: investing in addiction medicine innovation and treatment
Carefully tailored drug scheduling decisions can play a
useful role in a supply-side approach to addressing an
overdose crisis, but increased and sustained efforts on the
demand side present an opportunity for greater progress.
While many people reduce or stop using drugs without
treatment, those who consume most drugs distributed by drug
cartels frequently have moderate to severe substance use
disorders that necessitate medical treatment. Threats of
punishment are unlikely to deter these Americans, because
their disorder has already negatively affected their
motivation and judgment regarding their drug use. Instead,
effective addiction treatment reduces drug use and improves
health and wellbeing.
Addiction treatment is an excellent return on investment,
including for low-level drug dealers who are distributing
drugs to support their own addiction. Every dollar spent on
addiction treatment saves $4 to $7 in criminal justice and
other costs. Therefore, rather than inefficiently using
taxpayers' money incarcerating low-level dealers of fentanyl-
related or other substances, the government can realize
positive effects from treating substance use disorders of
low-level dealers, including through drug courts that utilize
evidence-based practices and other alternatives to
incarceration.
Congress can lead the way in promoting helpful addiction
treatments. While highly effective medications exist for
opioid use disorder, many people are using stimulants, like
cocaine and methamphetamine, as well as alcohol. No
medications have been approved for stimulant use disorder,
and new treatments are urgently needed for all substance use
disorders to increase their uptake by both prescribers and
patients. Unfortunately, innovation in the addiction field
has lagged other medical fields due to limited financial
investment and misunderstanding of addiction as a moral
rather than a medical condition. Congress could consider
establishing incentives for the pharmaceutical industry to
enter the under-tapped addiction medicine field. The recent
case of GLP-1 medications demonstrates how new medications
can change millions of lives, spur economic growth, and
provide renewed hope for people suffering from stigmatized
medical conditions.
While new treatments are being developed and tested, the US
must also quickly expand access to existing evidence-based
treatments--including methadone, buprenorphine, and
contingency management. Few clinicians offer these
treatments, and they are unlikely to do so without increased
reimbursement rates from insurers and less red tape around
methadone for the treatment of opioid use disorder. For
example, Congress could explicitly amend federal law to state
that contingency management--the most effective treatment for
stimulant use disorder--does not violate federal anti-
kickback laws and patient inducement laws. For too long,
contingency management has been underused by clinicians who
fear prosecution under federal statutes that were not created
to address contingency management. Similarly, many pharmacies
fear that stocking effective medications, like buprenorphine,
will lead to Department of Justice investigations.
Recognizing this, Congress could clarify federal statute to
ensure that pharmacies' stocking of addiction medications is
not an indicator of suspicious activity.
Additionally, Congress could close the dangerous Medicare
coverage gap for evidence-based residential addiction
treatment. At a minimum, Congress could reauthorize, and
update key programs first created by the SUPPORT for Patients
and Communities Act in 2018, after unfortunately letting them
lapse in 2024.
conclusion
Thank you for considering these recommendations. ASAM
remains committed to working with you to promote remission
and recovery from addiction, ensuring that all communities
are safe, and more Americans can lead healthy, productive
lives. For any questions or to discuss, please contact Kelly
Corredor, ASAM's Chief Advocacy Officer.
Sincerely,
Brian Hurley, MD, MBA, FAPA, DFASAM,
President,
American Society of Addiction Medicine.
Mr. Speaker, I include in the Record another letter from 190 national, State, and local public health, criminal justice, and civil rights organizations that also write today to urge us to reject and vote ``no'' on the HALT Fentanyl Act.
February 3, 2025.
Senate Majority Leader John Thune,
U.S. Senate, Washington, DC.
Senate Minority Leader Chuck Schumer,
U.S. Senate, Washington, DC.
Speaker Mike Johnson,
House of Representatives, Washington, DC.
House Minority Leader Hakeem Jeffries,
House of Representatives, Washington, DC.
RE Vote NO on the HALT Fentanyl Act (H.R. 27/S. 331)
Dear Majority Leader Thune, Speaker Johnson, Minority
Leader Schumer, Minority Leader Jeffries, and Honorable
Members of the U.S. Congress: The undersigned 190 national,
state, and local public health, criminal justice, and civil
rights organizations write today to urge you to reject and
vote NO on the Halt All Lethal Trafficking of Fentanyl (HALT)
Act (H.R. 27/S. 331). This bill permanently schedules
fentanyl-related substances (FRS) on schedule I of the
Controlled Substances Act (CSA) based on a flawed class
definition, imposes mandatory minimums, and fails to provide
an offramp for removing inert or harmless substances from the
drug schedule.
The classwide scheduling approach endorsed in the HALT
Fentanyl Act classifies all FRS as schedule I drugs, reserved
for substances with no currently accepted medical use and a
high potential for abuse. This class definition, however, is
a radical departure from drug scheduling practices as it
relies exclusively on chemical structure without accounting
for pharmacological effect based on the unproven hypothesis
of chemical structure-function relationships. Contrary to
this hypothesis, structurally related substances can often
have complementary therapeutic values. In fact, the National
Institute on Drug Abuse (NIDA) has already acknowledged that
some FRS are inert and that at least one may be an opioid
antagonist that behaves like naloxone, which is itself an
opium derivative that counteracts the effects of opioid
drugs. Classifying all FRS in schedule I places undue
restrictions on research for therapeutic potential of FRS.
This means that researchers and scientists are not able to
study these substances at a time when the U.S. is
experiencing unprecedented overdose deaths.
The HALT Fentanyl Act also enshrines mandatory minimums for
distribution of FRS under the Controlled Substances Act, an
inappropriate mandate that criminalizes possibly inert or
harmless substances. While some proponents of the HALT
Fentanyl Act claim that the bill is not intended to interact
with the criminal justice system and that mandatory minimums
are primarily a deterrent against foreign import of FRS, this
is simply inaccurate. The HALT Fentanyl Act expands mandatory
minimums for both foreign importation crimes and domestic
drug distribution offenses, including nonviolent drug
distribution involving small quantities of drugs. What's
more, by automatically scheduling a huge swathe of substances
in one fell swoop, the HALT Fentanyl Act would lead to very
real criminal justice consequences, posing an unacceptable
risk of unnecessary incarceration for substances that carry
no potential for abuse. Such miscarriages of justice have
already occurred. For instance, Todd Coleman was sentenced to
a mandatory minimum of 10 years for sale of cocaine that a
crime laboratory said was laced with three fentanyl
analogues, only to discover, years later, that the detected
adulterants were not illegal fentanyl analogues and most were
not even controlled substances.
Our country is repeating past missteps when it comes to
policy responses to fentanyl and its analogues. In the 1980s,
policymakers enacted severe mandatory minimums for small
amounts of crack cocaine in response to media headlines and
law enforcement warnings that perpetuated mythology and fear.
These laws imposed harsher penalties for crack--a substance
associated with Black people--than for cocaine--a substance
associated with white people--even though the two substances
are chemically similar. In the ensuing decades, people of
color have been disproportionately incarcerated and sentenced
to mandatory minimum sentences for small amounts of crack.
This trend of racial disparity also can be seen in
prosecutions for offenses involving fentanyl and
fentanyl analogues, as Sentencing Commission data from fiscal
years 2021 to 2023 provides strong evidence that these
prosecutions disproportionately target people of color. Among
the 8,048 people convicted in trafficking cases where
fentanyl or fentanyl analogues were the primary drug type,
Black and Hispanic individuals comprised 78% of all
convictions (41% and 37%, respectively). These percentages
represent a massive disparity relative to demographic
patterns in the general population. Moreover, the emergence
of fentanyl-related substances in recent years has fueled
similar waves of alarmist media and law enforcement headlines
that are informed by mythology rather than science. Any
further extension of the classwide scheduling policy
threatens to repeat past missteps with crack cocaine that
policymakers are still working to rectify.
The classwide scheduling policy expands the application of
existing severe mandatory minimum sentencing laws enacted by
Congress in the 1980s to a newly scheduled class of fentanyl-
related compounds. For example, just a trace amount of a
fentanyl analogue in a mixture with a combined weight of 10
grams--10 paper clips--can translate into a five-year
mandatory minimum with no evidence needed that the seller
even knew it contained fentanyl. In addition, current laws
impose a statutory maximum sentence of 20 years for just a
trace amount of a fentanyl analogue in a mixture with a
combined weight of less than 10 grams. The truth of the
matter is that lawmakers do not need to impose new mandatory
minimums in order to prosecute fentanyl analogue cases
because law enforcement officials already have the ability to
prosecute these cases pursuant to the Controlled Substance
Analogue Enforcement Act of 1986, which requires that
prosecutors show the substances in question are harmful.
Despite the threat of grave injustices in the criminal
legal system, the current lack of research on FRS, and
indications that some FRS are harmless or hold therapeutic
potential, the HALT Fentanyl Act does not include an offramp
to reschedule or remove FRS that research has proven to be
pharmacologically inactive or do not meet schedule I
criteria. Though it includes some research reforms for
schedule I substances, the bill excludes the possibility of
such research impacting the criminalization of FRS. Without a
rescheduling process, the HALT Fentanyl Act may unjustly
promote criminalization of harmless or inert substances.
The HALT Fentanyl Act and other bills proposing the
permanent classwide scheduling of FRS are yet another
iteration of the drug war's ineffective and punitive
strategies. To prevent overdose, Congress must invest in
public health solutions to mitigate the harms of illicit
fentanyl. We urge Congress to support bills that increase
access to health services and substance use disorder
treatment, improve data collection, and provide funding for
FRS research, offering alternative, effective strategies to
simultaneously address the opioid epidemic while preventing
backsliding on criminal justice reform.
Thank you for your time and attention to this matter.
Please contact Maritza Perez Medina, Director of Federal
Affairs for the Drug Policy Alliance, for questions about
this letter or to further discuss this matter.
Sincerely,
ACLU of Nevada (NV), ACR Health (NY), AIDS Alabama (AL),
AIDS Foundation Chicago (IL), AIDS United, Alianza for
Opportunity, Alliance for Positive Change (NY), Alliance for
Positive Health (NY), American Civil Liberties Union,
American Friends Service Committee, Appalachian Learning
Initiative (WV), Association of Black Social Workers
(Virginia Union University) (VA), Autistic Self Advocacy
Network.
Battle Born Progress (NV), Beacon House Aftercare,
Louisville (KY), Beauty After the Bars (NC), Bend the Arc:
Jewish Action, Better Organizing to Win Legalization, BLM
Louisville (KY), Brave Technology Co-Op, Bronx Movil (NY).
C-UR Recovery Services, LLC (MI), Celebrate Recovery (KY),
Center for Criminal Justice Reform, University of Baltimore
(MD), Center for Disability Rights, Center for Housing &
Health (IL), Center for Popular Democracy, Citizen Action of
Wisconsin (WI), Clergy for a New Drug Policy, Coalition on
Human Needs, Color of Change, Communities United for Status &
Protection (CUSP).
Community Catalyst, Community Health Project Los Angeles
(CA), Cosmovisiones Ancestrales (CA), CURE (Citizens United
for Rehabilitation of Errants), Dream.org, Drug Policy
Alliance, Drug Policy Forum of Hawai`i (HI), Due Process
Institute, E5 Enterprise (NY/PA), Elephant Circle (CO),
EngageWell IPA (NY), Equal Justice USA, Evergreen Health
(NY), Exchanging Pathways (MS).
Fair and Just Prosecution, Faith in Harm Reduction, Family
Services Network of New York (NY), FAMM, Federal Public &
Community Defenders, Feed Louisville (KY), Filling The Gaps
Outreach, Inc. (GA), Florida Harm Reduction Collective (FL),
Freedom BLOC (OH), Fruit of Labor Action Research & Technical
Assistance, LLC (NC), Full Circle Youth Empowerment, Inc.
(CT), FWD.us.
G. Williams & Associates, Inc. (IL), Giving Others Dreams
G.O.D. Inc (IL), GLIDE (CA), Hawai`i Health & Harm Reduction
Center (HI), HEAL Ohio (OH), Hepatitis C Mentor and Support
Group (HCMSG) (NY), Hep Free Hawai`i (HI), Hey Joe Media
(AZ), Hip Hop Caucus, HIPS (DC), HomeRise (CA), Hoosier
Action (IN), Housing Works (NY), Human Rights Watch.
Illinois Alliance for Reentry and Justice (IL), Illinois
Harm Reduction & Recovery Coalition (IL), Immigrant Legal
Resource Center, Interfaith Action for Human Rights (IAHR)
(DC) (MD) (VA), Indiana Recovery Alliance (IN), IOAD NC
Raleigh Memorial Event (NC), Isaiah House Inc (KY),
Interfaith Action for Human Rights, Justice Strategies,
JustLeadershipUSA, Juvenile Law Center.
Lacey's Legacy (KY), LatinoJustice PRLDEF, Law Enforcement
Action Partnership, Law Office of the Cook County Public
Defender (IL), The Leadership Conference on Civil and Human
Rights, Legal Action Center, Life Coach Each One Teach One
Reentry Fellowship (KY), Lighthouse Consultants Colorado, LLC
(CO), Local Progress, Los Angeles Community Action Network
(CA), Michigan People's Campaign (MI), Minorities for Medical
Marijuana, Mississippi Prison Reform Coalition (MS), Moms for
All Paths to Recovery (CA), Monetwork (MO), My Brothers
Keeper NEO (OH), My Meta ReEntry Services, Inc. (NC).
NASTAD, National Association of Criminal Defense Lawyers,
National Coalition for the Homeless, National Council of
Churches, National Council on Alcoholism and Drug Dependence-
Maryland Chapter (MD), National Employment Law Project,
National Harm Reduction Coalition, National Health Law
Program, National Homelessness Law Center, National Immigrant
Justice Center, National Immigration Project (NIPNLG),
National Legal Aid & Defender Association, National
Organization for Women, National Pain Advocacy Center (CO),
NC Harm Reduction Coalition (NC).
Nelsonville Voices/Showing Up for Racial Justice (OH),
NETWORK Lobby for Catholic Social Justice, New Jersey
Organizing Project (NJ), New York State Harm Reduction
Association (NY), NEXT Distro, OhioCAN/Newark Homeless
Outreach (OH), On The Bright Side LLC (NC), ONE Northside
(IL), Overdose Crisis Response Fund, PA Stands Up (PA),
Parabola Center for Law and Policy, Parole Preparation
Project, Pennsylvania Harm Reduction Network (PA), People
Advocating Recovery (KY), People's Action, Progressive
Leadership Alliance of Nevada (NV), Progressive Maryland
(MD), Psychotherapy Services DBA (KY).
QLatinx (FL), R Street Institute, REACH-NEO (OH), Reentry
Advocacy Project (TX), Reframe Health and Justice, Renew A
New, Inc (CA), Revolve Impact, Rights & Democracy (NH/VT),
River Valley Organizing (OH), Sana Healing Collective (IL),
Smoky Mountain Harm Reduction (NC), Sojourners, Source Corp
LLC (OH), South Carolina For Restorative Justice (SC), South
Louisville Community Ministries (KY), Southern Tier AIDS
Program (NY).
StoptheDrugWar.org, Students for Sensible Drug Policy,
Sunita Jain Anti-Trafficking Policy Initiative, Loyola Law
School, T'ruah: The Rabbinic Call for Human Rights, Tacoma
Healing Awareness Community (WA), TakeAction Minnesota (MN),
TCRC Community Healing Center (PA), Texas Harm Reduction
Alliance (TX), The Action Lab, Center for Health Policy and
Law, Northeastern University School of Law (MA), The
Advocates for Human Rights (MN), The AIDS Institute (TAI),
The Daniel Initiative.
The Festival Center, The Freedom BLOC (OH), The Gathering
for Justice, The Georgia Survivor Defense Project (GA), The
Gubbio Project (CA), The Hepatitis C Mentor and Support Group
(HCMSG) (NY), The Matrix Consulting, LLC, The Porchlight
Collective SAP (IL), The Sentencing Project, The Steady
Collective (NC), Transform Network, Treatment Action Group
(TAG) (NY), Treatment on Demand Coalition-SF (CA), Truth
Pharm Inc. (NY).
United Vision for Idaho (ID), Vera Institute of Justice,
Vilomah Foundation (PA), Vital Strategies, Vivent Health,
VOCAL-KY (KY), VOCAL-NY (NY), VOCAL-WA (WA), VT Citizens
United for the Rehabilitation of Errant(s) (VT), Washington
Office on Latin America, Why Not Prosper (PA), Wilkes
Recovery Revolution, Inc. (NC), Women on the Rise (GA), Worth
Rises, Young People in Recovery.
Mr. Speaker, I include in the Record a letter from the Leadership Conference on Civil and Human Rights on behalf of this large and diverse coalition of 240 national organizations.
The Leadership Conference
on Civil and Human Rights,
February 4, 2025.
Hon. Mike Johnson,
Speaker of the House,
Washington, DC.
Hon. Hakeem Jeffries,
House Minority Leader,
Washington, DC.
Dear Speaker Johnson and Minority Leader Jeffries: On
behalf of The Leadership Conference on Civil and Human
Rights, a coalition charged by its diverse membership of more
than 240 national organizations to promote and protect civil
and human rights in the United States, we write to express
our strong opposition to H.R. 27, the Halt All Lethal
Trafficking (HALT) of Fentanyl Act, and to urge the House to
reject this bill. The Leadership Conference will score the
House's vote in our Voting Record for the 119th Congress.
This bill permanently schedules fentanyl-related substances
(FRS) on schedule I of the Controlled Substances Act (CSA)
based on a flawed class definition. Additionally, it imposes
mandatory minimums and fails to provide an offramp for
removing inert or harmless substances from the drug schedule.
The classwide scheduling that this bill would impose would
exacerbate pretrial detention, mass incarceration, and racial
disparities in the prison system, doubling down on a fear-
based, enforcement-first response to a public health
challenge.
Under the classwide control, any offense involving a
``fentanyl-related substance'' is subject to federal criminal
prosecution, even if the substance in question is helpful or
has no potential for abuse. The case of Todd Coleman is
instructive. Mr. Coleman was sentenced to a mandatory minimum
of 10 years for selling 30 grams of cocaine--about two
tablespoons--because a local lab said that they were laced
with three illegal fentanyl analogues. But none of the
substances were illegal fentanyl analogues, and one was a
substance called ``Benzyl Fentanyl'' that the Drug
Enforcement Administration has long known is not dangerous or
illegal.
Moreover, the HALT Fentanyl Act enshrines mandatory
minimums for distribution of FRS under the Controlled
Substances Act, which could criminalize inert or harmless
substances. This bill expands mandatory minimums for both
foreign importation crimes and domestic drug distribution
offenses, including nonviolent drug distribution involving
small quantities of drugs. As mandatory minimums eliminate
judicial discretion, judges are prevented from tailoring
punishment to a particular defendant by taking into account
an individual's background and the circumstances of their
offenses when determining the sentence. Mandatory minimums
instead place more power in the hands of prosecutors and
their charging decisions, which is particularly concerning
given that prosecutors are more likely to charge Black people
with a crime that carries a mandatory minimum than a White
person. The HALT Fentanyl Act threats to replicate this
pattern and deepen these disparities.
This Congress should not repeat its past mistakes when it
comes to policy responses to fentanyl and its analogues.
Beginning in the 1980s, draconian drug laws with harsh
mandatory minimums and their resulting enforcement under the
banner of the ``war on drugs'' fueled skyrocketing prison
populations. In the ensuing decades, Black people have been
disproportionately incarcerated and sentenced to mandatory
minimum sentences for small amounts of crack cocaine, despite
the fact that White people are more likely than Black people
to use crack cocaine in their lifetimes. Similar trends for
FRS are emerging: Between 2015 and 2019, prosecutions for
fentanyl-analogue offenses increased by more than 5,000
percent, with no corresponding decrease in the use of FRS or
in overdose deaths. In 2019, 58.9 percent of those sentenced
in fentanyl-analogue cases were Black. Any further extension
of the classwide scheduling policy threatens to repeat past
missteps with crack cocaine that policymakers are still
working to rectify.
Harsh federal drug laws and mandatory minimums have caused
the federal prison population to explode. The Urban Institute
has found that increases in expected time served for drug
offenses was the largest contributor to growth in the federal
prison population between 1998 and 2010. Currently, people
convicted of drug offenses make up 43.9 percent of the Bureau
of Prisons (BOP) population. There is no indication that
overly punitive sentences or mass incarceration deter crime,
protect public safety, or decrease drug use or trafficking.
We share your concerns about fentanyl-related deaths and
support effective health-based approaches to mitigating this
public health crisis, but classwide scheduling and mandatory
minimums merely repeat the mistakes of the past by
exacerbating our incarceration problem. We welcome continued
dialogue with you about how to move forward on this important
topic. However, we must reiterate our firm opposition to
classwide emergency scheduling and to mandatory minimum
sentencing.
We strongly urge Congress to take bold steps on these
issues and transform our criminal-legal system into one that
delivers true justice and equality. For this reason, we ask
you to vote NO on the HALT Fentanyl Act. Thank you for your
time and attention to this matter. If you have any questions,
please feel free to contact Chloe White, senior policy
counsel, justice.
Sincerely,
Jesselyn McCurdy,
Executive Vice President
of Government Affairs.
Mr. Speaker, they are going to score this for voting records. The majority has to do something and stand up for their Article I constitutional duty and say: We are going to protect Medicaid; We are not going to listen to billionaires; We are going to bring the SUPPORT Act; and We are not going to pull the rug out from under the counselors and providers back home who are doing it.
Mr. Speaker, I just read online that community health centers are being forced to close in Virginia. All over this country, this is what is going on, and you can't paper over it with some fake legislation like this.