House Energy and Commerce Committee Advances Legislation to Address Addiction and Overdose Prevention

On July 21st, the House Energy and Commerce Committee marked up a series of bipartisan bills aimed at combating the overdose crisis, preventing the spread of adulterated substances in the drug supply, and expanding overdose prevention efforts. The Committee approved nine bills, which will now advance to the House floor for consideration.

The bills include efforts to permanently schedule xylazine, a non-opioid veterinary sedative that is not approved for human use and is increasingly found as an adulterant in the illicit drug supply, under Schedule III of the Controlled Substances Act, as well as nitazenes, a class of synthetic opioids, under Schedule I of the Controlled Substances Act. 

Members also advanced legislation focused on first responders' and school professionals' ability to address and prevent overdoses, including Tyler’s Law (H.R 2004) which would call on the Department of Health and Human Services to issue guidance on implementing fentanyl testing in hospitals, and the ALERT Communities Act (H.R. 1561) that would allow first responder training grants to be utilized for training on fentanyl or xylazine test strips. Additionally, the Energy and Commerce Committee advanced a bill to increase the availability of naloxone in schools through the HERO Act (H.R. 7994).

The Committee also agreed to an amendment combining the PRESS Act and the Fight Illicit Pill Presses Act under the Stop Pills That Kill Act. These bills focus on combating fentanyl by regulating pill presses, including implementing serialization requirements for pill presses and punches and implementing sentencing penalties for the production of fentanyl, fentanyl analogues, or counterfeit pills. 

The marked-up bills include:

• H.R. 1266, Combating Illicit Xylazine Act: Congressman August Pfluger (R-TX) and Jimmy Panetta (D-CA) lead H.R. 1266, which would permanently place xylazine in Schedule III of the Controlled Substances Act and amend the definition of “ultimate user” to allow xylazine to continue to be lawfully administered for legitimate veterinary purposes. Combating Illicit Xylazine Act passed the Energy and Commerce Committee by a vote of 48 to 0.

• H.R. 7970, STOP Nitazenes Act: Led by Congressman Bob Latta (R-OH), H.R. 7970 would place substances within the nitazene class (2-benzylbenzimidazole opioids) permanently into Schedule I of the Controlled Substances Act. The STOP Nitazenes Act passed the Energy and Commerce Committee by a vote of 28-21.

•  H.R. 2004, Tyler’s Law: Led by Congressmen Bob Latta (R-OH) and Ted Lieu (D-CA), H.R. 2004 would direct the Secretary of Health and Human Services (HHS) to issue guidance on whether hospital emergency departments should implement fentanyl testing as a routine procedure for patients experiencing an overdose. Tyler’s Law passed the Energy and Commerce Committee by a vote of 46 to 0.

• H.R. 1561, ALERT Communities Act: H.R. 1561 allows first responder training grants to be utilized for training on fentanyl or xylazine test strips. This bill also directs the Secretary of HHS to develop and publish research and marketing frameworks for test strip technology. This bill would also direct the Secretary of HHS to conduct a study on fentanyl test strip interventions and report the findings to Congress. The bill is led by Congressman Lance Gooden (R-TX) and Congresswoman Jasmine Crockett (D-TX). The ALERT Communities Act passed the Energy and Commerce Committee by a vote of 48 to 0. 

• H.R. 7994, HERO Act: H.R. 7994 establishes a competitive grant program to provide schools with opioid overdose reversal drugs. The bill is led by Congressman Raul Ruiz (D-CA). The bill passed the Energy and Commerce Committee by a vote of 48 to 0. 

• H.R. 8005, Stop Pills That Kill Act: H.R. 8005 would implement sentencing penalties for the production of fentanyl, fentanyl analogues, or counterfeit pills. This bill also requires the DEA to create a comprehensive plan to address counterfeit substances. Congressman Gabe Evans (R-CO) leads this bill. The bill and the amendment to combine H.R. 7184 and H.R. 5880 under the bill passed by a vote of 43 to 6. 

• H.R. 7184, PRESS Act: Led by Addison McDowell (R-NC), H.R. 7184 would amend the Controlled Substances Act to make it unlawful to manufacture, distribute, or import pill press equipment with the intent to illicitly produce a controlled substance. 

•  H.R. 5880, Fight Illicit Pill Presses Act: This bipartisan bill, led by Congresswomen Harriet Hageman (R-WY) and Melanie Stansbury (D-MN), would implement serialization requirements for pill presses and punches. It prohibits the removal or alteration of these serial numbers and prohibits the distribution of machines with serial numbers that have been tampered with.