Beginning in 2022 and especially in 2023, the United States Congress has introduced and passed numerous pieces of legislation tackling opioids, fentanyl, and the opioid epidemic within America. Many of these bills have been introduced by members of the Republican Party, and some pieces of legislation have attracted bipartisan support from members of the Democratic Party. Most legislative efforts have arisen during the 117th and 118th Congresses.
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Long title | A bill to amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder. |
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The Stop Fentanyl Border Crossings Act is pending United States legislation introduced in both the 117th and 118th congresses. If enacted, the legislation would enable the Department of Health and Human Services to use Title 42 expulsion procedures and the Remain in Mexico policy to help combat the smuggling of fentanyl into the United States. to combat substantial, dangerous drug trafficking across the border. This power is allotted specifically to the Secretary of the Department. [1]
The bill is most prominently sponsored by Senators Bill Hagerty of Tennessee and Roger Marshall of Kansas, and originally introduced by both senators as S.3959 with four more Republican cosponsors. In the 118th Congress, the bill was reintroduced by Tennessee Representative Scott DesJarlais and introduced as HR X.
In the 117th Congress, the bill was blocked by president pro tempore Patty Murray, on grounds related to the expiration of Title 42 expulsion procedures. The bill has been reintroduced in the 118th congress, albeit only in the house, by DeJarlais as House Resolution 1210; the legislation has presently been referred to the House Committee on Energy and Commerce.
The bill has received support from the Orange County Sheriff's Department in California, which stated through sheriff Don Barnes that the act "is needed legislation that will bolster the needed enforcement component [to prevent fentanyl from arriving in the United States]". Further support from California in favor of the bill was found in the Malibu Times, which ran an op-ed with the tag "From the Right" arguing not only that the bill greatly enhances the ability of law enforcement to block fentanyl from entering the country but also that the source of at least the raw materials for much of the fentanyl trade comes from enterprises based in the People's Republic of China, and that the Chinese government is potentially one of the forces behind the fentanyl influx. [2] [3] [4] [5]
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Long title | A bill to amend title 18, United States Code, to punish the distribution of fentanyl resulting in death as felony murder. |
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Legislative history | |
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The Felony Murder for Deadly Fentanyl Distribution Act is pending United States legislation originally introduced in the 117th Congress which has since been reintroduced in the 118th Congress as S.380. The bill, akin to its name, modifies Title 18 of the United States Code, specifically sections 1111, to give capital punishment or life imprisonment to individuals who distribute fentanyl. The bill defines "distributing fentanyl" as striking fentanyl within an individual.
The minimum amount of fentanyl needed to meet the bill's criteria for capital punishment is two grams or half a gram depending on the fentanyl variant, and the individual charged must have the knowledge of intentionally distributing fentanyl. The distribution of fentanyl must also result in the death of the victim. [6] [7]
The bill's leading sponsor is Florida senator Marco Rubio and has attracted sixteen cosponsors, all Republican senators. The bill has also been introduced in the House as H.R. 916 by Texas representative Tony Gonzales.
The bill has received support from Louisiana locals, as WAFB ran stories of people whose family members lost their lives to fentanyl and have expressed a desire to see the bill passed. Rubio and Gonzales further argued that the Biden administration should do more to prevent illegal narcotics from entering the country, especially those which can tie their origins to mainland China. Many other Republicans in Congress issued statements supporting the passage of the legislation, such as Josh Hawley, Ted Budd, Joni Ernst, Tom Cotton, and Ted Cruz. [8] [9] [10] [11]
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Long title | A bill to require the Commissioner of U.S. Customs and Border Protection to regularly review and update policies and manuals related to inspections at ports of entry. |
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The END FENTANYL Act (Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life) is pending legislation named for and targeting fentanyl overdoses.
The bill would require U.S. Customs and Border Protection to update its Office of Field Operations' policies and manuals every three years or more frequently on the prevention of drug and human smuggling, and report any and all changes to its manuals to House and Senate committees.
Though titled to end fentanyl specifically, the provisions within section 2 of the bill do not specifically mention fentanyl, and the legislation states it does not only target fentanyl but also other illegal substances, as well as human trafficking. [12] [13] [14]
The bill was introduced by Republican Senator Rick Scott from Florida and Republican representative Michael Guest from Mississippi in both the 117th and 118th congresses; Scott's bill passed the Senate by unanimous consent during the 117th Congress on December 14, 2022, but never reached the House of Representatives. [15]
In the 118th Congress, the bill was reintroduced by Scott and Guest in their respective houses of Congress; three other Republicans and four Democrats cosponsored Guest's bill, and Scott's bill was cosponsored by Republican Mike Braun and Democrats Jacky Rosen, Dianne Feinstein, and Maggie Hassan. [16] [12] [13]
The bill passed the Senate by unanimous consent on June 22, 2023. [17]
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Long title | A bill to deter the trafficking of illicit fentanyl, provide justice for victims, and for other purposes. |
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The Justice Against Sponsors of Illicit Fentanyl Act of 2023 was introduced by Republican Senator John Thune of South Dakota. The bill would enable American fentanyl survivors and civilians whose family members died or otherwise fell victim to illegal fentanyl to bring lawsuits against nations which sponsor the illegal smuggling trafficking.
Introduced as S.380 on February 9, 2023, the legislation highly resembles the Justice Against Sponsors of Terrorism Act, and to enable such suits, the bill would rollback judicial immunities in the American legal system against nations who engage in or enable the illegal smuggling of fentanyl into US territory. [18]
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Long title | A bill to amend the Controlled Substances Act with respect to the scheduling of fentanyl-related substances, and for other purposes. |
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The HALT Fentanyl Act (Halt All Lethal Trafficking) is pending legislation introduced in the House during the 118th congress by Republican Morgan Griffith from Virginia and originally cosponsored by Ohio Republican Bob Latta. [19]
Initially introduced as H.R. 171, a second version of the bill, H.R. 467 received over 40 cosponsors. The bill, referred to the House committees on the Judiciary as well as on Energy and Commerce, would permanently designate fentanyl as a Schedule 1 narcotic under the Controlled Substances Act. [20]
The bill is entirely cosponsored and generally supported by Republicans, and H.R. 467 of the legislation passed committees; it is due for a full house vote soon.
The bill has received opposition from some organizations for criminalizing chemically similar substances that potentially can be used for legitimate medical purposes or therapies; such backers of this argument include the American Civil Liberties Union and Human Rights Watch.
The latter in particular highlighted that history might repeat itself similar to the crack cocaine epidemic, in how legislation on preventing crack cocaine harmed black populations with more severe penalties compared to white populations, as more severe offenses would be held out to crack, historically affiliated with black populations, than cocaine, conversely affiliated with white populations. [21] [20]
The Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 was a bill in the 109th United States Congress. It was passed by the United States House of Representatives on December 16, 2005, by a vote of 239 to 182, but did not pass the Senate. It was also known as the "Sensenbrenner Bill," for its sponsor in the House of Representatives, Wisconsin Republican Jim Sensenbrenner. The bill was the catalyst for the 2006 U.S. immigration reform protests and was the first piece of legislation passed by a house of Congress in the United States illegal immigration debate. Development and the effect of the bill was featured in "The Senate Speaks", Story 11 in How Democracy Works Now: Twelve Stories a documentary series from filmmaking team Shari Robertson and Michael Camerini.
Scott Eugene DesJarlais is an American politician and physician serving as the U.S. representative for Tennessee's 4th congressional district since 2011. The district stretches across East and Middle Tennessee. He is a member of the Republican Party.
Jeffrey Darren Duncan is a United States representative for South Carolina's 3rd congressional district since 2011. His district comprises nine counties, two of these counties being manufacturing centers for the state. On January 17, 2024, Duncan announced that he would not run for re-election. Duncan previously served in the South Carolina House of Representatives from 2002 to 2010 when he retired to run for the U.S. House of Representatives.
The Democracy Is Strengthened by Casting Light on Spending in Elections Act, or DISCLOSE Act, is a federal campaign finance reform bill that has been introduced in the United States Congress since 2010. The bill would amend the Federal Election Campaign Act of 1971 to provide for greater and faster public disclosure of campaign spending and to combat the use of so-called "dark money" in U.S. elections.
Garland Hale "Andy" Barr IV is an American attorney and politician serving as the U.S. representative for Kentucky's 6th congressional district since 2013. A member of the Republican Party, he previously served in the administration of Kentucky Governor Ernie Fletcher.
The House Baltic Caucus is a bipartisan registered Caucus of the House of Representatives since its inception in 1997 and is composed of members from both the Democratic and Republican Parties. The members of the House Baltic Caucus have a strong interest in promoting opportunities to strengthen the economic, political, and cultural relationships of the United States with Estonia, Latvia, and Lithuania.
The Ensuring Lawful Collection of Hidden Assets to Provide Order Act, abbreviated as the EL CHAPO Act, is a United States Congress bill that would reserve any amount of money seized by the U.S. Government as a result of the criminal prosecution of Joaquín "El Chapo" Guzmán and other felony convictions involving the transportation of controlled substances into the United States for security measures along the U.S.-Mexico border and the construction of a border wall.
The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act was a bill proposed in the 115th United States Congress that would recognize legalization of cannabis and the U.S. state laws that have legalized it through their legislatures or citizen initiative. It was introduced on June 7, 2018, by Senators Cory Gardner and Elizabeth Warren. A companion bill was introduced the same day in the House of Representatives, sponsored by Earl Blumenauer and David Joyce. The act would amend the Controlled Substances Act of 1970 to exempt from federal enforcement individuals or corporations in states who are in compliance with U.S. state, U.S. territory and the District of Columbia, or tribal law on cannabis, with certain additional provisions such as minimum ages. The banking provisions of the STATES Act have been reintroduced as the Secure and Fair Enforcement (SAFE) Banking Act of 2019 in the 116th U.S. Congress by Ed Perlmutter in the House, and by Jeff Merkley in the Senate. As of September 18, 2019, the House bill had 206 cosponsors, and the Senate bill had 33 cosponsors.
The SAFE Banking Act, officially H.R. 1595, full title Secure and Fair Enforcement (SAFE) Act, also referred to as the SAFE Banking Act of 2019, and as of 2023 the Secure and Fair Enforcement Regulation (SAFER) Banking Act, is proposed legislation regarding disposition of funds gained through the cannabis industry in the United States.
The Emmett Till Antilynching Act is a United States federal law which defines lynching as a federal hate crime, increasing the maximum penalty to 30 years imprisonment for several hate crime offences.
The New Way Forward Act is a proposed legislation introduced in the U.S. Senate and House on December 10, 2019 by Jesús "Chuy" García, which focuses on immigration reform. The bill would repeal sections 1325 and 1326 of the immigration law to decriminalize unauthorized border crossing whilst maintaining civil deportation procedures. The bill intends to give immigration judges discretion when deciding immigration claims for immigrants with criminal records in the United States, changes immigration enforcement by ending mandatory detention in specific cases and intends to remove private detention centers for immigrants.
H.R.932 (118th), also known as To repeal the authorizations for use of military force against Iraq, is a bill in the 118th United States Congress that would have repealed the 2002 AUMF. H.R.932 was sponsored on February 9, 2023 by Barbara Lee, the lone vote against the 2001 AUMF. H.R.932 was co-sponsored by 70 Representatives including 27 Republicans. S.316 (118th), also known as A bill to repeal the authorizations for use of military force against Iraq, is the Senate version of H.R.932 that would have repealed the 2002 AUMF. S.316 was sponsored on February 9, 2023 by Virginia Senator Tim Kaine and Indiana Senator Todd Young. S.316 was co-sponsored by 46 Senators including 12 Republicans. S.316 advanced from the Senate by 66 votes to 30 on March 29, 2023. 18 Republican Senators voted in favor of Kaine's proposal while no Democratic Senators voted against it.
The Creating a Respectful and Open World for Natural Hair Act of 2022 was a bill in the United States Congress intended to prohibit discrimination based on an individual's hair texture or hairstyle by classifying such discrimination illegal under federal law. It applied to federally assisted programs, housing programs, public accommodations, and employment. The act was introduced in the House of Representatives by Congresswoman Bonnie Watson Coleman (D-NJ) on March 19, 2021. Senator Cory Booker (D-NJ) introduced a companion bill in the Senate on March 22, 2021. The CROWN Act of 2022 marked the second time the legislation was introduced in Congress.
The Recovering America's Wildlife Act(RAWA) is a bill in the United States Congress intended to provide funding for the conservation of wildlife in the United States.
Christopher Raphael Deluzio is an American attorney, politician and former U.S. Navy officer serving as the U.S. representative for Pennsylvania's 17th congressional district since 2023. The district includes most of the northwestern suburbs of Pittsburgh. He is a member of the Democratic Party.
The Parental Rights Over the Education and Care of Their Kids Act is pending United States legislation introduced in both the House of Representatives and Senate of the 118th congress. Sponsored by Republican representative Tim Walberg and senators Rick Scott of Florida and Tim Scott of South Carolina and originating in the 117th congress, the bill is similar to and viewed of as a national version of the Florida Parental Rights in Education Act, itself known by its opponents as the Don't Say Gay bill.
The Advertising Middlemen Endangering Rigorous Internet Competition Accountability (AMERICA) Act (S.1073) is a proposed bipartisan antitrust bill in the United States Congress. The legislation was introduced by Senator Mike Lee (R-UT) in the 118th Congress on March 30, 2023.
The Modernizing Opioid Treatment Access Act is a proposed United States congressional bill introduced in the 118th United States Congress. Introduced in response to the national opioid epidemic, the legislation would expand access to methadone, an approved medication for treating opioid use disorder (OUD).
The Safeguarding Americans from Extremism Actof 2023, or the SAFE Act of 2023, is a proposed bill introduced in the 118th session of the United States Congress. Introduced on November 2, 2023, by Representative Ryan Zinke (R-MT) in response to the 2023 Israel–Hamas war, the legislation would prohibit Palestinians from entering the United States, and revoke visas, refugee status, or asylum granted to Palestinians on or after October 1.
The Veterans Cannabis Analysis, Research, and Effectiveness (CARE) Act was introduced in the 117th U.S. Congress in 2021 as H.R. 2932 and in the 118th Congress as H.R. 3584 in 2023.
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