WASHINGTON -- The U.S. House of Representatives passed two measures this week addressing the nation's fentanyl crisis, including legislation to categorize fentanyl-related substances alongside chemicals and drugs with high potential for abuse.
Congress' lower chamber approved two measures in separate votes, with one calling for a study into the financing of synthetic drug trafficking and a second permanently listing fentanyl-related drugs as Schedule I controlled substances, which are strictly regulated and associated with substantial criminal penalties.
The votes stem from ongoing concerns related to the increasing rate of fentanyl-related overdose deaths. The U.S. Centers for Disease Control and Prevention released a report earlier this month revealing deaths involving fentanyl have more than tripled between 2016 and 2021. Researchers noted the highest rate of drug overdose deaths in 2021 for people between 25 and 64 involved fentanyl.
"You don't have to go far to find somebody whose family or community has been affected by fentanyl," Rep. Bruce Westerman, a Republican from Hot Springs, told the Arkansas Democrat-Gazette. "It definitely affects a lot of people in a lot of communities."
The House overwhelmingly approved a resolution on Tuesday requiring the Government Accountability Office to examine the financing associated with trafficking fentanyl and other synthetic drugs, including methamphetamine, related substances and Captagon.
Seventy-four Democrats joined the House's Republican majority in supporting the second measure in a Thursday vote. The HALT Fentanyl Act, which the House passed 289-133, would classify all fentanyl-related substances as Schedule I substances, which federal officials define as drugs and chemicals with a high potential for abuse and no accepted medical purpose.
Other Schedule I substances include heroin, LSD and marijuana.
Some fentanyl-related drugs are listed as Schedule I substances, although these substances are currently set to be removed from the list at the end of 2024. Fentanyl itself would remain a Schedule II substance, which are drugs and chemicals with a high potential for misuse and potential for severe dependence.
The measure additionally changes federal registration criteria for researchers working with Schedule I and II substances. One change includes permitting registered researchers to conduct some manufacturing activities without needing to obtain manufacturing registration.
Arkansas' House members backed both measures. Westerman and Rep. Steve Womack, R-Rogers, cosponsored the HALT Fentanyl Act.
"There is a need to get this thing on Schedule I permanently and create the opportunity for us to open research on the effects of fentanyl, as we would with virtually any scheduled substance because of the risk of abuse," Womack said. "This does give us an opportunity to streamline the registration process for research."
The White House last week announced its support of the HALT Fentanyl Act with encouragement for Congress to consider past recommendations involving substances without a high potential for misuse.
"Fentanyl doesn't care if it kills a Republican or a Democrat or an independent," Westerman said. "It's affecting our whole country, so it should be bipartisan support."
In an interview with the Democrat-Gazette on Friday, Rep. French Hill, R-Little Rock, discussed how fentanyl has impacted his family; some of his children's friends have died of overdoses.
"This is part of their college and high school experience," he said. "The number of parents I know that have been devastated by that is just shocking."
Hill mentioned how previous Congresses addressed fentanyl in past sessions. One provision of the December 2019 defense authorization measure instructed then-President Donald Trump to impose sanctions against foreign parties associated with synthetic opioid trafficking and production. Last year's appropriations package included language for expanding program access and providing medications that reverse opioid overdoses.
"There's a lot more we need to do," Hill said.
A majority of House Democrats opposed the HALT Fentanyl Act with warnings about the legislation not doing enough to address fentanyl use. New Jersey Rep. Frank Pallone -- who serves as the top Democrat on the House Energy and Commerce Committee, which marked up the bill -- argued the measure leans on incarceration rather than treatment options.
"It just continues the status quo," he told the House Rules Committee on Monday. "And the status quo, in my opinion, is failing. I think we would all agree that it's failing."
Womack said the congressional response to addressing the fentanyl crisis has to go beyond incarceration, arguing there should be incentives for researchers to study addiction. He connected the need to how drug misuse has affected his family; his son James Womack has been arrested and convicted on drug-related charges on multiple occasions, albeit not involving fentanyl.
"I don't like necessarily talking about it, but talking about it does give me at least the platform to help people understand that it doesn't have a boundary and it is devastating and nobody wants to suffer the effects of what happens when an individual -- a friend, a family member -- has issues with addiction," the seven-term congressman said.
"Fentanyl is making it worse because as it comes into the supply and gets mixed in with a lot of these addictive drugs, that's where you start seeing the consequences of failing to act on it."
Westerman said Congress' next step should involve border security. House Republicans passed an immigration bill earlier this month with language to resume constructing a wall along the country's southern border and invest more in border security. The Democratic-controlled Senate has not considered the measure.
"It makes another point for why we need to get HR2 signed and passed into law," he said.
Hill sees the potential for improved collaboration between the United States and Mexican governments in detecting drug activities. Mexico will hold its presidential election next July with the United States to follow in November.
As for approaching the issue domestically, Hill said efforts should involve improved education among parents, schools and local organizations to avert young people from taking fentanyl. He mentioned states have been leaders in pursuing treatment options, but providing adequate health care remains a policy challenge.
"It's just not a party drug situation," Hill said. "You're literally rolling the dice with your life."