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HR 172 · 119th CongressIn Committee
Defund Heroin Injection Centers Act of 2025
Latest updateJan 3, 2025
Referred to the House Committee on Oversight and Government Reform.
Crime and Law Enforcement
Sponsor
Nicole Malliotakis
Introduced
January 3, 2025
Latest action
January 3, 2025
Legislative Progress
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Latest Action
Referred to the House Committee on Oversight and Government Reform.
Plain-Language Summary
AI GeneratedSection 416 of the Controlled Substances Act, known as the "Crack House Statute," prohibits knowingly opening, maintaining, or operating a place for the purpose of manufacturing, distributing, or using controlled substances. The statute has been interpreted by courts to potentially apply to supervised injection facilities—spaces where people use pre-obtained drugs under medical supervision. Currently, no explicit federal law bars funding to entities operating such facilities, though the legal status of injection centers remains contested. Some cities and states have established or considered these facilities as public health interventions to reduce overdose deaths and disease transmission, while others view them as facilitating illegal drug use.
This bill prohibits the federal government from providing any funds to states, local governments, tribal nations, or private entities that operate or control injection centers in violation of section 416 of the Controlled Substances Act. The bill does not create new criminal penalties or expand the underlying drug law; rather, it uses federal funding as a enforcement mechanism. Any entity receiving federal dollars—whether through grants, contracts, Medicaid reimbursements, or other federal programs—would become ineligible if it operates an injection center deemed to violate the Crack House Statute.
Implementation would fall to federal agencies that distribute funds, including the Department of Health and Human Services, the Department of Justice, and others administering federal grant programs. Agencies would need to determine which injection centers, if any, violate section 416 and withhold funds accordingly. The bill contains no explicit appropriation and no implementation timeline. The practical effect would depend on how courts and federal agencies interpret whether specific injection facilities violate the Crack House Statute—a question that remains legally unsettled. Any entity currently receiving federal funding and operating an injection center would face potential loss of that funding.
Key Provisions
- 1Prohibits the federal government from providing any funds to states, local governments, tribal nations, or private entities that operate or control injection centers in violation of section 416 of the Controlled Substances Act.
- 2Applies the funding prohibition to all forms of federal financial assistance, including grants, contracts, and reimbursements under federal programs.
- 3Requires federal agencies administering funds to determine whether recipient entities operate injection centers in violation of the Crack House Statute and enforce the funding restriction accordingly.
★ Why this matters
If enacted, this bill would cut off federal funding to any state, local, tribal, or private entity operating an injection center that violates the Crack House Statute. This could eliminate federal support for public health programs in jurisdictions with supervised injection facilities, potentially affecting broader health services beyond the facilities themselves. The practical impact depends on how courts interpret whether specific injection centers violate existing drug law—a question currently unresolved in federal courts.
● Who this affects
State and local health departments operating or funding supervised injection facilities; public health organizations and nonprofits running harm-reduction programs in cities with injection centers; people who use drugs and rely on overdose prevention services; Medicare and Medicaid beneficiaries in jurisdictions where federal healthcare funding is affected; tribal nations considering or operating such facilities; federal agencies administering health, law enforcement, and social service grants.
Bill Text
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<DOC>
119th CONGRESS
1st Session
H. R. 172
To prohibit Federal funds for any State, local, Tribal, or private
entity that operates or controls an injection center in violation of
section 416 of the Controlled Substances Act (21 U.S.C. 856; commonly
referred to as the ``Crack House Statute'').
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on Oversight and Government Reform
A BILL
To prohibit Federal funds for any State, local, Tribal, or private
entity that operates or controls an injection center in violation of
section 416 of the Controlled Substances Act (21 U.S.C. 856; commonly
referred to as the ``Crack House Statute'').
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defund Heroin Injection Centers Act
of 2025''.
SEC. 2. NO FEDERAL FUNDS FOR ENTITIES OPERATING UNLAWFUL INJECTION
CENTERS.
No Federal funds may be made available to any State, local, Tribal,
or private entity that operates or controls an injection center in
violation of section 416 of the Controlled Substances Act (21 U.S.C.
856; commonly referred to as the ``Crack House Statute'').
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