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House Energy and Commerce Subcommittee on Health U.S. House of Representatives
Follow its sittingsBrett Guthrie
Now bad actors are using punches and dies and imitate the markings of legitimate prescriptions like oxycodone, Xanax, and Adderall to manufacture counterfeit pills in illicit tabs. Over 98% of the pills seized and tested by the DEA had fake pharmaceutical imprints. But these counterfeits are widely available due to criminal drug networks and are being falsely marketed as legitimate prescription pills to deceive the American public. The bills before us today take important steps to safeguard public health by equipping all law enforcement officials with the necessary resources to protect Americans from the threat posed by deadly counterfeit pills. I appreciate the work that has gone into these bills already, and I look forward to continuing the process.
Thank you, Mr. Chairman, and I yield back.
Frank Pallone
Thank you, and the gentleman yields back, and now recognize the ranking member of the full committee, the gentleman from New Jersey, Mr. Pallone, for his five minutes for an opening statement.
Thank you, Chairman Griffith. Today we're marking up three bills to address the supply chains that turn illicit chemicals into counterfeit pills. They target the equipment, the importation, and the production behind the fentanyl crisis. H.R. 5880, the Fight Illicit Pill Presses Act, requires people to identify tableting and encapsulating machines by serial number so that when the law enforcement seizes a press, they can trace it. The bill mirrors the Biden administration's Detect and Defeat Counter-Fentanyl proposal, which called on Congress to establish a nationwide pill press and tableting machine registry so officials could track these machines and their illicit use.
And while I support the intent of this bill, I do have some concerns that it will tag unwitting individuals with criminal liability. There may be people who are not intending or are not aware that a pill press will be used for an illicit use. Then there's H.R. 2184, the PRESS Act, would make it unlawful to manufacture, distribute, or import pill press equipment with the intent to illicitly produce a controlled substance.
And then H.R. 8005, the Stop Pills That Kill Act, implements sentencing penalties for producing fentanyl, fentanyl analogues, or counterfeit pills, and it requires the DEA to create a comprehensive plan to address counterfeit substances. Now, we share jurisdiction over these bills with our colleagues on the House Judiciary Committee, and I hope we can work together to ensure that we fully understand the real implications of the criminal penalty component to all these bills. After all, we've made real progress over the last several years in strong bipartisan fashion to combat the overdose crisis, but an enforcement-only strategy is not the answer, particularly at a time when the administration's actions are jeopardizing all the progress we've made. This package of bills prioritizes more criminal penalties and more enforcement, but we already ran that experiment starting back in the 1980s, and decades of escalated drug penalties did not empty the pill mills. Instead, it filled our prisons while the supply chain adapted and the deaths kept climbing.
We know what does save lives. This committee's own record shows that expanded access to medications for opioid use disorder, fentanyl test strips, and naloxone helped reduce overdose deaths by nearly 28% from 2023 to 24. That's the largest drop we've seen, and it came from treatment and harm reduction, not from a new felony. At the hearing that produced these bills, members agreed on a bipartisan basis that addiction should be treated as a disease, and that's why the Trump administration's actions to slash substance use and recovery funding could stunt the progress we've made. The Trump administration has dismantled the Substance Abuse and Mental Health Services Administration, SAMHSA, and that's the agency responsible for addressing the overdose crisis.
SAMHSA staff have been reduced by half, and the administration cut 1.7 billion in block grants for state health departments and cut 350 million in addiction and overdose prevention funding. These cuts are drastic and devastating, and if we want to truly protect our communities and win our ongoing battle against substance use disorders, we should work together to stop these attacks from the Trump administration. And with that, I yield back the balance of my time, Mr. Chairman. Thank you.
H. Griffith
Gentleman yields back. I would remind members that pursuant to committee rules, all members' opening statements will be made a part of the record. Are there any further opening statements? Seeing none, I now recognize... next page... I now call up H.R. 7184 and ask the clerk to report.
Speaker 3
H.R. 7184, a bill to amend the Controlled Substances Act to prevent the importation of illicit pill press machines with the intent to counterfeit substances and for other purposes.
H. Griffith
Without objection, the first reading of the bill is dispensed with and the bill will be open for amendments at any point, so ordered. Seeing no objection, and I now recognize myself for five minutes on H.R. 7184, the PRESS Act. And I offer my support for this bill with the recognition there is still work to be done on this policy and that we are engaged in bipartisan efforts to get this policy to a good place. The influx of illicit drugs into the U.S. has in part been driven by bad actors, and I would say in big part, exploiting loopholes within our legal system. Currently, one of those loopholes is the unfettered importation of pill presses and their critical parts, which are in turn being utilized for mass production of counterfeit substances.
So as many of us have heard in various testimony, they will make a pill that they then try to sell as pill X, which doesn't have much of a harm to it, but it's laced with fentanyl or some other dangerous substance, and then we have young people who are dying thinking that they're just getting a little boost for studies or something else.
So this act would give our federal prosecutors the tools they need to hold the nefarious foreign actors accountable for importing pill presses and pill equipment into the United States with the intent to illicitly produce controlled substances. I strongly urge my colleagues to support this bill and I yield back and I now recognize the gentlelady from Colorado, Ms. DeGette, the ranking member for her five minutes on the bill.
Diana DeGette
Thank you, Mr. Chairman. I'm really pleased to hear you say that you think this bill needs more work because it does and we look forward to working with you as it moves forward. The PRESS Act would expand DEA's jurisdiction over pill presses beyond our borders and it would make it illegal for an individual to manufacture or distribute pill press equipment if they know it will be used to manufacture illicit substances to be imported into the US. It also increases criminal penalties for listed chemicals, which are components of illicit substances or their production, and it directs the US Sentencing Commission to update sentencing guidelines, more likely than not to increase penalties. And so, like I said in my opening statement, it makes already illegal conduct more illegal.
And I worry that such increasingly punitive sentencing will not deter criminals, but it will only further overburden our judicial system. I do support making sure we can prosecute bad actors who are importing dangerous drugs into the United States. That's Energy and Commerce's part of this referral. But when the penalties are already so high, I just don't think we should increase penalties for the sake of doing it. And so I look forward to working with you and your staff on this and I yield back.
H. Griffith
Gentlelady yields back. Anyone else wishing to speak on the bill? Seeing none, all those in favor... hang on. Okay, the question now occurs on forwarding HR 7184 as amended to the full... not amended, but to the full committee. All those in favor say aye.
Opposed, no. The ayes have it and the bill is agreed to and forwarded to the full committee. All right, now call up HR 8005. If the clerk would report HR 8005.
Speaker 3
HR 8005, a bill to amend the Controlled Substances Act to prohibit certain acts related to fentanyl, analogues of fentanyl, and counterfeit substances and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
H. Griffith
And without objection, the first reading of the bill is dispensed with and the bill will be open for amendment at any point. Seeing no objection, so ordered. And I believe that there is an amendment in the nature of a substitute at the clerk's desk. Could the clerk please report that?
Speaker 3
Amendment in the nature of a substitute to HR 8005 offered by Mr. Griffith of Virginia.
H. Griffith
And without objection, we will dispense with the reading of the amendment in the nature of a substitute. Any objection? Seeing none, I offer my support and I now recognize myself for five minutes. I offer my support to the amendment in the nature of a substitute to HR 8005, the Stop Pills that Kill Act. The AINS amendment in the nature of a substitute amends the underlying bill to clarify the scope of the legislation pertains to counterfeit pills containing fentanyl, methamphetamine, or an illicit synthetic substance.
This legislation would require the DEA to create and implement a comprehensive plan to investigate and prevent the movement of such counterfeit pills. It allows prosecutors to apply enhanced penalties to those who are involved in the manufacturing of fentanyl, fentanyl analogues, and fentanyl-related substances.
It would also require the Attorney General to conduct a report to Congress examining the collection and prosecutions of counterfeit pills that contain fentanyl, methamphetamine, or an illicit synthetic substance. This bill would give us more tools and information to prevent deadly counterfeit pills from reaching the hands of Americans, and I strongly encourage my colleagues to support this AINS and the bill. And I will tell you all that I understand that if we catch somebody doing these bad things and they've got the pills on them, it's already illegal, but I kind of equate these bills to the problem they had in Virginia in the 19th century where people were going into cemeteries and grave robbing. They couldn't always catch them with their hand in the grave, so they made it illegal to enter the cemetery after dark. Yes, if they're grave robbing, you've already got a crime, but by stopping it before they get to the grave by saying it's illegal to be in the graveyard, they solved the problem.
I think this will help solve the drug problem in the United States. It won't be a perfect cure, but I think it is one of the things that we need to do. And with that, I yield back and recognize the gentlelady of Colorado, the ranking member, Ms. DeGette, for her five minutes.
Diana DeGette
Thanks, Mr. Chairman. I, it's going to take me some time to think through your grave, grave robbing analysis. I'm not really sure it applies here, but let me talk about this bill because you're exactly right. If we catch them with fentanyl or fentanyl-laced substances, it's already illegal. So what this bill does, it enhances an existing criminal penalty for possession of equipment used to produce fentanyl, which or an analogue of fentanyl, or a counterfeit substance.
It also requires the DEA to establish a response plan to address counterfeit fentanyl and report to Congress on seizures and convictions under the bill. This is all at the same time DEA is struggling to enforce current laws. Now they're going to do a response plan with all of this. Look, the bill targets a real problem of the spread of counterfeit fentanyl or misrepresentation of fentanyl as another substance, but the bill misses the mark in meaningfully addressing the issue. That's because it defines counterfeit fentanyl as a substance that contains fentanyl, so the substance in question is already illegal.
And prosecutors already apply penalty enhancements for knowing misrepresentation of a drug. This bill simply duplicates existing criminal penalties. I guess silly season is approaching, and that's why I oppose this bill and I yield back.
H. Griffith
The gentlelady yields back. Is there further discussion on the amendment in the nature of a substitute? If there's no further discussion, the vote occurs on the amendment in the nature of the substitute. All those in favor of the amendment in the nature of the substitute shall signify by saying aye. Aye.
All those opposed, nay. The ayes have it, and the amendment is agreed to. And now we get to the bill. And the question now occurs on forwarding H.R. 8005 as amended to the full committee. All those in favor say aye.
Aye. Opposed, no. No. The ayes have it, and the bill's agreed to and forwarded to the full committee. All right.
And now H.R. 5880. I call up H.R. 5880 and ask the clerk to report.
Speaker 3
H.R. 5880, a bill to amend the Controlled Substances Act to require regulated persons to identify tableting machines and encapsulating machines by serial number. Be it enacted by the Senate and House of Representatives of the United States of America in Congress.
H. Griffith
And with that, objection, the first reading of the bill is dispensed with, and the bill will be open for amendment at any point. Seeing no objection, so ordered. And I will recognize myself for five minutes on the H.R. 5880 Fight Illicit Pill Presses Act.
I support this bill and urge all of my colleagues to do the same with the understanding that our work to fine-tune this policy will continue after today's markup and before it gets to the full committee. One of the challenges we have had with stopping the influx of illicit drugs into our community stems from our lack of ability to regulate, monitor, and track the transactions involving pill presses and their critical parts. Consequently, this limits our ability to quickly identify cases of pill presses and their critical parts as being diverted and misused for the production of illicit drugs. HR 5880, the Fight Illicit Pill Presses Act, would address this gap by mandating the serialization of pill presses and their critical parts in addition to updating the requirements to work with DEA to report and retain records of these regulated transactions, and I urge my colleagues to support this bill. And I yield back.
I now recognize ranking member, the gentlelady from Colorado, for her five minutes to discuss the bill.
Diana DeGette
Well, thank you, Mr. Chairman. Once again, I'm delighted to hear you say that we need to work to fine-tune this bill because this bill, again, is a really rushed-through effort, a real solution in search of a problem. This bill requires each component of a pill press to have a serial number to help law enforcement track and prosecute their uses to produce illicit drugs. I have several practical concerns with serialization and with the accompanying criminal penalties in particular. Well, here's some food for thought.
We don't even require such stringent reporting requirements and serialization for firearms. For firearms. So everyday Americans who own pill presses for non-nefarious reasons, like making supplements or even making candy, would have to comply with this law. If those individuals who are making candy at home with the presses sold a pill press without proper serialization after they were done with it, they would risk going to federal prison. Under this bill, old equipment is not grandfathered in, and there's no way to practically serialize existing equipment.
Now, I guess the response to this is prosecutors would not go after ordinary Americans. But I have to tell you, I'm a former public defender, and I really don't think we need to give the DOJ power to just go after people who are making candy in their basement. And so I think, as you do, Mr. Chairman, that this bill needs additional work. I can't understand why we're rushing through all of these bills that all need additional work and have very minimal impacts on deterring crime and fentanyl, but be that as it may, I'm going to oppose this bill too, and I yield back.
H. Griffith
Gentlelady yields back. Anyone else wish to be recognized to discuss the bill? All right. The question, seeing none, then the question now occurs on forwarding HR 5880 to the full committee. All those in favor say aye.
Opposed, no. Two to one. The ayes have it, and the bill's agreed to and forwarded to the full committee. All right. Without objection, staff is authorized to make technical and conforming changes to the legislation approved by the committee today.
Without objection, so ordered. And the committee stands adjourned for a minute or two.