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Newhouse Introduces Bipartisan Legislation to Combat Fentanyl Trafficking

January 27, 2023

Rep. Dan Newhouse (R-WA) introduced the Save Americans from the Fentanyl Emergency Act or SAFE Act alongside Reps. Chris Pappas (D-NH) and Tony Gonzales (R-TX). This legislation would permanently schedule all fentanyl-related substances as Schedule I drugs to ensure law enforcement can keep them off the streets.

“Communities across Central Washington have been devastated by the epidemic of synthetic opioids like fentanyl, which is now the leading cause of death for people ages 18-45,” said Rep. Newhouse. “The numerous conversations I’ve had with law enforcement officers, health care experts, and opioid addiction clinics have made one thing abundantly clear: they need more tools to fight back against this crisis in our communities. Permanently classifying fentanyl analogues as Schedule I substances gives our law enforcement agents those tools.”

“Our communities are being devastated by the fentanyl crisis,” said Chief Ken Roske, Pasco (WA) Police Department. “At no time in history have we seen a drug that has been this destructive, and responsible for so many deaths.  The Save Americans from the Fentanyl Emergency Act is desperately needed now.” 

"Through my many conversations with law enforcement, public health experts, and advocates across New Hampshire, it remains clear that we must do more to confront the opioid crisis, stop the trafficking of fentanyl and its analogues, and support people suffering from substance use disorder," said Rep. Pappas. "Permanently scheduling deadly fentanyl analogues is an essential step that will ensure law enforcement retains an important tool to keep our communities safe and hold traffickers accountable for the harm they have caused. I urge my colleagues on both sides of the aisle in the House to support this legislation, and I thank Representatives Newhouse and Gonzales for partnering with me on this important legislation that will save lives."

“Fentanyl is being smuggled through our southern border at record levels, leaving no community in America untouched,” said Rep. Gonzales. “If fentanyl analogues are permanently scheduled as a Schedule 1 drug, it will help give our men and women in blue and green the proper tools to get this deadly drug off the street. I remain committed to working with my colleagues to aggressively tackle this serious threat that affects all Americans.”

Specifically, the Save Americans from the Fentanyl Emergency Act will:

  • Amend Section 202(c) of the Controlled Substances Act to permanently classify any fentanyl-related substance as a Schedule I drug unless it is already listed in another schedule or specifically exempted.

  • Define the types of compounds and molecular variations that count as an analogue of fentanyl.

  • Require the Attorney General to publish a list of substances that meet the classification of a fentanyl-related substance in the Federal Register within 60 days of determination.

  • Allow the Secretary of HHS to contract with private entities to conduct research and evaluations into fentanyl-related substances, and create a streamlined process to facilitate research of controlled substances in Schedule I to more closely align it with the process for Schedule II research, to expand our understanding of fentanyl-related substances and other drugs.

  • Require the GAO to issue a report within four years after enactment analyzing the effect of permanent scheduling of fentanyl analogues. The report would analyze impact on research, removal or rescheduling of analogues, manufacturing/trafficking, criminal charges, and overall efficacy on reducing proliferation of fentanyl-related substance.

Background:

Rep. Newhouse has been a leader in confronting the opioid crisis during his time in Congress, taking the following actions to combat trafficking of deadly substances, expand treatment opportunities, and secure our southern border:

  • On December 20, 2022, Rep. Newhouse and Rep. Pappas reintroduced their legislation to extend the emergency scheduling of fentanyl analogues through December 31, 2024, which became law through the government funding package that was passed by Congress.

  • On February 10, 2022, Rep. Newhouse sent a letter to President Biden urging his Administration take immediate action on the influx of fentanyl streaming into our country by securing our borders and making fentanyl-related substances’ Schedule 1 classification permanent to ensure law enforcement can continue to prosecute the sale and use of these substances.

  • On February 8, 2022, Rep. Newhouse introduced the Dignity Act, which restarts all currently paused border infrastructure contracts and increases funding for physical border infrastructure.

  • On February 3, 2022, Rep. Newhouse introduced the Law Enforcement Officers Preventing (Drug) Abuse Related Deaths or LEOPARD Act. This bill authorizes rural community response pilot grant programs to allow state and local law enforcement agencies to purchase naloxone, an effective tool to prevent and reduce opioid overdose deaths and directs at least 50% of the programs’ grant funding to rural communities.

  • On March 2, 2022, Rep. Newhouse cosponsored the Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act. This bill places fentanyl-related substances as a class into schedule I of the Controlled Substances Act.

  • In 2016, Rep. Newhouse voted in favor of the bipartisan 21st Century CURES Act, which increased state grants for treatment from $500 million to $1.5 billion. Half of those grants were made available in 2017, and the next half in 2018.

  • In 2016, Rep. Newhouse supported the House passage of H.R. 5046, the Comprehensive Opioid Abuse Reduction Act of 2016 and 17 bills to address the national opioid abuse crisis. H.R. 5046 combats the opioid epidemic by establishing a streamlined, comprehensive opioid abuse grant program that encompasses a variety of new and existing programs, such as vital training and resources for first responders and law enforcement, criminal investigations for the unlawful distribution of opioids, drug courts, and residential substance abuse treatment. The bill authorizes $103 million annually for the grant program and is fully offset for cut-go purposes.

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