HOUSE AND SENATE APPROPRIATIONS
The Appropriations Committees are crucial to drug policy for two reasons: agency funding and policy riders. Government agency funding levels are decided through the appropriations process, and an increase or decrease in funding could be the difference between a program thriving or failing. Whether it’s more resources for DEA interdiction strategy, money allowing for the implementation of treatment programs, or funding for addiction research, the appropriations process makes our government’s response to the drug crisis possible. Ensuring that we direct funds properly and safeguard crucial programs is of the utmost importance.
Even though appropriations bills are not supposed to include authorizing language (policy changes), policy riders are a reality of the appropriations process.
Recommendations:
Support the drug legalization rider, which bans funding to promote the legalization of any Schedule I controlled substance, including marijuana, except in cases when there is significant medical evidence of a therapeutic benefit or federally funded clinical trials are underway. Appropriate more funds for drug treatment, drug court implementation, and domestic and international drug interdiction efforts.
HOUSE AND SENATE ARMED SERVICES
Drug testing for military recruits and active-duty service members is important to the health and safety of our nation’s armed forces. As state marijuana laws have relaxed, the dialogue around military marijuana testing has shifted. The Armed Services Committees also supports counterdrug activities.
Recommendations:
We need to ensure our service members are able to serve our country to the best of their ability. Oppose any NDAA provision that prohibits marijuana testing for military recruits. This effort is opposed by the bipartisan members of Congress. Increase support for counterdrug efforts such as fentanyl interdiction.
HOUSE RULES
The Rules Committee is one of, if not the, most important committees in Congress. The Rules Chairman can unilaterally strike language from bills advanced out of committee and the full committee decides which amendments to make in order. By advocating within the Rules Committee in support of amendments bolstering prevention, treatment, and recovery, and opposing amendments worsening the drug crisis, grassroots activists can dramatically impact the state of drug policy.
Recommendations:
Do not consider non-germane drug policy
amendments.
House and Senate Judiciary
Both Judiciary Committees have jurisdiction over issues areas dealing with the criminal justice system. They also provide crucial oversight of agencies like the Department of Justice, and Drug Enforcement Administration. By calling in the Attorney General or DEA Administrator, members of the committees can get on-the-record responses about issues affecting drug policy.
The Senate Judiciary Committee is also responsible for confirming key executive branch appointments. The list of nominees who deal with drug policy that the Senate Judiciary Committee must confirm include the Attorney General, DEA Administrator and Deputy Administrator, Drug Czar, ATF Director, FBI Director, all U.S. Attorneys, and the Director of National Drug Control Policy.
In addition, the Senate Judiciary Committee oversees the Office of National Drug Control Policy. It shares this oversight responsibility with the House Committee on Oversight and Accountability. With this jurisdiction, these Committees are responsible for reauthorizing ONDCP, something which they should make a priority as the current authorization is expired.
The Judiciary Committee has jurisdiction over criminal penalties for drug trafficking but also drug courts and the programs that provide funding to provide treatment services in prisons and jails. With the Controlled Substances Act in its purview, the Committee is responsible for how fentanyl analogues and other emerging drugs will be scheduled. The House and Senate Judiciary Committees have great influence over how drug crimes are treated in the United States and can create more opportunities for diversion/court mandated treatment as well as treatment within the criminal justice system.
Recommendations:
Ask every presidential nominee who deals with drug policy matters their views on drug policy issues like legalization, support for innovative solutions to the addiction crisis (i.e., drug courts), increasing funding for supply and demand efforts, and more.
Ensure ONDCP adheres to the rules and regulations laid out in their Congressional mandate and encourage the Drug Czar to be made a Cabinet-level official.
Examine and advocate for bringing successful state models for drug courts, like Hawaii HOPE, to the national level.
Investigate the benefits of mandatory drug treatment and implement a national plan to integrate more addiction treatment in our criminal justice system.
There are several bills pending that the Committee should consider, including:
The Fentanyl Safe Testing and Overdose Prevention Act (S. 2569) – a bipartisan bill introduced by Senator Chris Coons (D-DE) and Senator John Cornyn (R-TX) that would exempt fentanyl test strips from drug paraphernalia laws.
Treatment Court Rehabilitation and Recovery Act (S. 2593) – a bill introduced by Senator Amy Klobuchar (D-MN) that would expand and reauthorize treatment courts.
Residential Substance Use Disorder Treatment Act (HR 238) – a bill introduced by Representative Sheila Jackson Lee (D-TX) to reauthorize and improve drug treatment in prisons and jails.
The Cooper Davis Act (S. 1080) – legislation introduced by Senator Roger Marshall (R-KS) which would require social media platforms and other technology providers to report the unlawful sale or distribution of controlled substances on their platforms.
Combatting Illicit Xylazine Act (S.993, HR 1839) – legislation introduced by Senator Catherine Cortez Masto and Representative Jimmy Panetta (D-CA) which would criminalize the illicit sale and distribution of xylazine.
House Energy and Commerce and Senate Health, Education, Labor and Pensions (HELP)
The House Energy and Commerce Committee and the Senate HELP Committee have broad jurisdiction over many issues, including substance use prevention and treatment and mental health care services. The Committees have oversight over the Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institute on Drug Abuse. As a result, much of the legislation addressing demand reduction goes through these two Committees.
Recommendations for bills to support:
Halt All Lethal Trafficking of Fentanyl (HALT) Act (H.R. 467). HALT Fentanyl would permanently classify fentanyl-related substances as a Schedule I drug. In the Senate, this bill was referred to the Judiciary Committee where it awaits action.
Halt All Lethal Trafficking of Fentanyl (HALT) Act (H.R. 467). HALT Fentanyl would permanently classify fentanyl-related substances as a Schedule I drug. In the Senate, this bill was referred to the Judiciary Committee where it awaits action.
Randy’s Resolution (H. Con Res. 87) – Introduced by Representatives Pete Sessions (R-TX) and Pete Ricketts (R-NE), the resolution expresses the sense of the House that certain federal agencies should conduct and support research on the health effects of high-potency marijuana and its impact on vulnerable populations such as youth. The resolution also expresses support for the development of educational programs and evidence-based policies regarding high- potency marijuana.
Support for Patients and Communities Reauthorization Act, (HR 4531, S. 3393) – this bill sponsored by Representatives Brett Guthrie (R-KY) Ann Kuster (D-NH) Senators Bernie Sanders (D- VT) and Bill Cassidy (R-LA), funds community- based prevention initiatives, makes Medications for Opioid Use Disorder more accessible, provides continuity for Medicaid coverage from incarcerated individuals, and more.
STOP Fentanyl Overdoses Act of 2023 (HR 3375) – Introduced by Representative Ann Kuster (D-NH), would improve overdose data collection, expand access to naloxone, and extend liability protection to those who administer naloxone.
Supporting Families Through Addiction Act of 2023 (S. 1810, HR 3879) – This legislation sponsored by Senators Gillibrand (D-NY) and Capito (R-WV) and Representatives Trone (D-MD) and Meuser (R-PA), would establish a grant program for community organizations that support families with a loved one struggling with substance use disorder.
Mental Health Professionals Workforce Shortage Loan Repayment Act (HR 4933) – This bill from Representative Napolitano (D-CA) would provide repayment assistance to individuals who agree to work for a period of time in the field of substance use disorder treatment.
Helping Kids Cope Act (HR 2412) – This legislation by Representative Blunt Rochester (D-DE) would increase national capacity to provide pediatric behavioral health services and support the pediatric behavioral health workforce.
POST FAST Act of 2023 (HR 4710) – Introduced by Representative Mark Green (R-TN), this bill would require the Director of the Centers for Disease Control and Prevention to accelerate the collection and publication of data on suicide and drug overdoses.
Modernizing Opioid Treatment Access Act (HR 1359) – This bill by Representative Norcross (D-NJ) expands access to methadone for an individual’s unsupervised use to treat opioid use disorder.
Bruce’s Law (HR 2867, S. 1235) – This legislation, introduced by Representative Trone (D-MD) and Senator Murkowski (R-AK), would create an awareness campaign related to fentanyl.
Stop Overdose in Schools Act (HR 5652) – Introduced by Representative Newhouse (R-WA), this bill provides funding for opioid reversal agent administration training in schools.
House Foreign Affairs and Senate Foreign Relations
The Foreign Affairs and Foreign Relations Committees function, in part, as an oversight body for the State Department. The State Department’s Bureau of International Narcotics and Law Enforcement Affairs plays an important role in international eradication and interdiction efforts.
By obtaining testimony from State about the status of global anti-drug trafficking efforts and considering legislation that streamlines these initiatives, the Foreign Affairs and Foreign Relations Committees can influence our country’s ability to thwart drug cartels, put pressure on other countries who manufacture precursor chemicals for synthetic drugs like fentanyl, and build the rule of law in transit countries.
Recommendations:
Conduct diligent oversight over the State Department’s anti-drug efforts and ensure that State is coordinating properly with other federal agencies.
Monitor changes to state and federal drug laws and ensure that our nation remains in alignment with our international treaty obligations (e.g., marijuana rescheduling).
House Financial Services and Senate Banking,
Housing, and Urban Affairs
The House Financial Services and Senate Banking Committees have jurisdiction over banks and banking, including deposit insurance and Federal monetary policy. They also oversee issues pertaining to illicit finance, including drug money laundering.
Recommendations:
Oppose the SAFE Banking Act. This legislation would make it legal for marijuana dispensaries and companies to use banks for their business, allowing opportunities for money laundering and investment from outside groups. Granting banking access to the marijuana industry would allow massive investment into the production of highly potent marijuana products that will be marketed to young people and could help criminal gangs and foreign cartels to launder proceeds. It is important that the SAFE Banking Act does not become law.
Increase support for anti-money laundering efforts, particularly against international organized crime groups trafficking drugs within the United States.
House Oversight and Accountability
The House Committee on Oversight and Accountability is the main investigative Committee in the House of Representatives. It has broad authority, which includes oversight of the Office of National Drug Control Policy.
Recommendations:
Hold hearings to examine any issues related to the national drug strategy and take the lead on reauthorizing ONDCP. Reauthorizing the Office and ensuring it follows its Congressional mandates should be the primary legislative priority of the Committee.
House Education and the Workforce
The purpose of the House Education and Workforce Committee is to ensure Americans are prepared for the ever-changing economy and world. It oversees federal education programs and initiatives at all levels, including drug training in the workplace and drug prevention education in schools.
Recommendations for bills to support:
The House Education and Workforce Committee houses the Subcommittee on Health, Employment, Labor and Pensions and the Subcommittee on Early Childhood, Elementary and Secondary Education, which both deal with drug prevention initiatives. One such piece of legislation that should receive support is the FACTS Act (H.R. 5625, S.3701), introduced by Representatives Bonamici (D-OR) and Kiley (R-CA) and Senator Hassan (D-NH) to require education about fentanyl and other synthetic opioids.
Other legislation to support – such as Expanding Student Access to Mental Health Services Act (HR 3669), introduced by Rick Allen (R-GA), Expanding Access to Mental Health Services in Schools Act of 2024 (HR 7108) by Rosa DeLauro (D-CT), and Student Support Act (HR 1638), introduced by Barbara Lee – aims at increasing the number of mental health counselors in schools.
With jurisdiction over the Department of Labor, the Committee also has oversight of the regulation of the Mental Health and Addiction Equity Act for private employment-based health plans. There is currently legislation, the Parity Enforcement Act of 2023 (HR 3752), introduced by Representative Norcross (D-NJ), to create civil penalties for violating the Act.
House Ways and Means and Senate Finance
The House Ways and Means and Senate Finance Committees are primarily known for their role
in policies related to tax, trade, and entitlement programs such as Medicare, Medicaid, Social Security, and Temporary Assistance to Needy Families.
Recommendations for bills to support:
The Innovate to Save Lives Act of 2023 (HR 6979) provides a tax credit to small businesses for research activities related to the mitigation of certain drug threats.
The Medicaid and Medicare programs provide insurance coverage for behavioral health services, including substance use treatment. There are several bills pending before the Committees that would address the provision of those services including:
The Improving Access to Mental Health Act of 2023 (HR 1638), which increases the Medicare reimbursement rate for clinical social worker services.
The Telemental Health Care Access Act of 2023 (HR 3432), which eliminates certain restrictions relating to Medicare coverage of mental health services that are provided through telehealth.
The Alternatives to PAIN Act (S. 3832), which ensures appropriate access to non-opioid pain management drugs under part D of the Medicare program.
The Import Security and Fairness Act (H.R.4148) closes the de minimis loophole that allows packages worth less than $800 to come into the US without inspection, which makes it easy to smuggle fentanyl precursors.
House and Senate Veterans’ Affairs
Both the House and Senate Veterans’ Affairs Committee oversee issues relating to clinical research for Veterans mental health treatment. The committee is responsible for recommending legislation expanding, curtailing, or fine-tuning existing laws relating to veterans’ benefits.
Recently, the House passed a veterans-focused marijuana and psychedelics amendment. House subcommittees relating to drug policy include Oversight and Investigations and Health. Related Senate subcommittees include Health, Hospitals and Healthcare, and Oversight and Investigation.
House Permanent Select Committee on
Intelligence and Senate Select Committee on
Intelligence
The Intelligence Committees in both the House and Senate oversee the United States Intelligence Community and write legislation annually to fund all intelligence-related activities. The Committee receives briefings from the Administration on a range of national security issues, including those related to drug trafficking.
House and Senate Homeland Security
The Homeland Security Committees in the House and Senate are responsible for oversight of the Department of Homeland Security, including Customs and Border Protection, Immigration and Customs Enforcement, the Coast Guard, and the Transportation Security Administration. The Committees play a critical role in policy related to border security, including the trafficking of narcotics into our country.
Recommendations for bills to support:
The END FENTANYL Act (HR 1401, S. 206 passed) to create uniformity in inspection practices to effectively detect illegal activity along the border including the trafficking of humans and drugs.
The CHECKPOINT Act (S. 2367) requiring effective training of U.S. Border Patrol agents regarding drug seizures.
The Stop Fentanyl at the Border Act (S. 3591) to enhance criminal penalties for destroying or evading border controls.
House and Senate Agriculture
Both Agriculture Committees are primarily responsible for drafting and passing a Farm Bill every five years, which sets the national agriculture, nutrition, conservation, and forestry policy. Its legislative oversight includes regulating the cultivation and sales of agricultural products in the U.S, including raw psychoactive substances or drug-adjacent crops. One of these includes hemp, a major crop used in everyday commodities and a plant in the botanical class of cannabis. In 2018, the Farm Bill passed legislation that legalized commercial sales of all hemp-derived cannabinoid products, which includes substances like Delta-8 THC.
Recommendations:
Ban psychoactive hemp products like Delta-8 THC in the Farm Bill. Efforts to get hemp intoxicants off the shelves are imperative to protecting kids and public health.
House Transportation and Infrastructure
The House Transportation and Infrastructure Committee has jurisdiction over the trafficking of illegal drugs within and across the U.S. borders. They conduct oversight of the Coast Guard and Maritime Transportation, which often includes illegal drug interdictions by sea. It can call on the Department of Transportation to get on-the-record answers about issues such as highway safety and mandated drug testing in hiring processes.