Sen. Marsha Blackburn Drops Stopgap Spending Bill Hold Over Drug Pipes

Republican lawmaker had demanded response from HHS secretary about substance-abuse program

By Siobhan Hughes, WSJ, February 15

WASHINGTON—Sen. Marsha Blackburn lifted a hold on a stopgap bill needed to avoid a partial government shutdown this weekend after she won a commitment from the Biden administration that it wouldn’t fund pipes for smoking illicit substances through a substance-abuse program.

The Tennessee Republican had said she would hold up the bill until the Department of Health and Human Services clarified in writing whether it intended to pay for pipes to smoke illicit substances. The topic became a major issue in conservative circles after the Washington Free Beacon reported that a $30 million harm-reduction grant program operated by an agency within HHS could include money to put pipes in safe-smoking kits, which the report said could include crack pipes.

In a letter Tuesday, Health and Human Services Secretary Xavier Becerra wrote that “no federal funding will be used directly or through subsequent reimbursement of grantees to put pipes in safe smoking kits.” He had previously issued a similar statement through a press release, but not in a letter to Congress.

“I had said I would lift the hold once they provided clarity,” said Ms. Blackburn, who notified Senate Minority Leader Mitch McConnell (R., Ky.) of her intention to lift her hold.

The lifting of the hold clears up the biggest known cloud hanging over the government’s ability to avoid a partial shutdown starting this weekend.

The law that funds the government currently expires at 12:01 a.m. Saturday, and Senate Majority Leader Chuck Schumer (D., N.Y.) only started late Tuesday the process of bringing to the floor an interim measure to fund the government through mid-March. That leaves the Senate without enough time to pass a new funding bill unless all senators agree to speed up the normal process for advancing legislation through the Senate. In the chamber, 60 votes are required to pass most bills, and procedural votes and extended debate time are a built-in feature of the legislative process.

In his letter, Mr. Becerra wrote that the harm-reduction program operated by the Substance Abuse and Mental Health Services Administration is designed to help those who are struggling with substance abuse and to prevent overdose deaths. He said that it would be wrong to imply that the Biden administration would allow program funds to be used to provide, distribute or mail pipes as part of safe-smoking kits or for the purpose of smoking crack cocaine, crystal methamphetamine or any other illicit substances.

Ms. Blackburn believes that the Biden administration had been open to funding such drug paraphernalia but reversed course after media reports about the program.

“What we do know from the letter is they realize we are watching and that they will not be putting any money into this drug paraphernalia,” she said. “They had to put something in writing and now we know where they are currently.”

The White House has denied the program would fund pipes. Sarah Lovenheim, an HHS spokeswoman, said in a statement that the administration “has never authorized the use of federal funding for smoke pipes and will not in the future. We have not approved any harm reduction grants and no money for the program has gone out.”

A group of Republicans led by Sen. Mike Lee (R., Utah) had also placed a hold on the bill to fund the government through March 11 over vaccine mandates. In that instance, they are seeking an amendment vote on the topic. Sen. John Thune (R., S.D.) has said that there are a number of Republican holds, which he expects to be cleared up if Democrats agree to amendment votes on the spending bill.

Mr. McConnell said Tuesday that he expected there to be some amendment votes in conjunction with the vote on the so-called continuing resolution. “I think it will all be worked out,” he said. “There’s no danger of a government shutdown.”

Write to Siobhan Hughes at siobhan.hughes@wsj.com