[Congressional Record Volume 144, Number 86 (Friday, June 26, 1998)]
[Senate]
[Pages S7260-S7261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Grassley, Mr. Kohl, Mr. Abraham, 
        Mr. Sessions, and Mr. Coverdell):
  S. 2242. A bill to amend the Controlled Substances Import and Export 
Act to place limitations on controlled substances brought into the 
United States from Canada and Mexico; to the Committee on the 
Judiciary.


         Controlled Substances Import and Export Act Amendments

  Mr. DeWINE. One of the key priorities for America today is protecting 
our young people from drugs. We need to stay on the lookout for new and 
different ways that we can make even a small difference in this 
important fight. This morning, along with Senators, Grassley, Kohl, 
Abraham, Sessions, and Coverdell, I am introducing a bill that is 
neither monumental in approach nor grandiose in scope--but it will 
break on of the links in the chain of the drug trade.
  There is now a loophole in Federal law that permits large quantities 
of a certain class of drugs known as controlled substances to pour into 
our country at an alarming rate. Included among these are some 
dangerous hallucinogenics and so-called date-rape drugs.
  The reason for this current loophole is that, under present law, an 
individual is permitted to transport a 90-day supply of a controlled 
substance into the United States. By ``controlled substance'' we mean a 
substance that is either banned or regulated by the Drug Enforcement 
Agency. This ``personal use exception,'' as it is called, is well 
intentioned. It was created to allow Americans who become ill or 
injured abroad to carry their necessary medication back to the United 
States. I want to emphasize that this bill would by no means end that 
very legitimate practice. That is not our intention at all. However, 
this legislation would stop the blatant exploitation of that exemption 
which is allowing some drug traffickers to operate freely in the United 
States.
  Let me explain. Specifically, these narcotics are being legally 
purchased in another country without any sort of documentation of 
medical need, then brought across our border, and then illegally sold 
on our streets in this country. By closing this loophole, we will 
empower our law enforcement to stop what amounts to nothing more than 
another form of drug trafficking in the United States.
  The remedy we seek today is both effective and sensible. It would 
limit the amount of these controlled substances that can be carried 
back to the United States by Americans to 50 doses. According to the 
DEA, that is about a 2-week supply, enough time to go get a new 
prescription before running out of that medication.
  I would also like to note some things that this legislation will not 
do, so we can explain it very clearly to Members. It will not change 
the law with respect to noncontrolled prescription drugs, drugs such as 
insulin or Premarin, and it would not affect the ability of people to 
obtain drugs to treat heart disease or cancer or AIDS or other serious 
illnesses, because these medication are not on the Controlled 
Substances List at all. I also indicate to my colleagues

[[Page S7261]]

that there is support for this among the Office of National Drug 
Control Policy, the Drug Enforcement Administration, U.S. Customs--they 
all support this approach. They recognize the problem and would like to 
see it resolved.
  Let me again emphasize, this legislation is not complex. All we are 
really doing is closing a loophole to stop this illegal trafficking of 
controlled substances in the United States. If we are really going to 
make drug interdiction a priority, then it makes a great deal of sense 
to take this relatively small but effective and meaningful step. We 
need to take this step today.
  Before closing, I would like to compliment my friend and colleague 
from the State of Ohio, Congressman Steve Chabot, from Cincinnati, who 
has shown great leadership on this issue, and many issues. It was 
through his active and tireless efforts in raising the profile on this 
issue that I was first made aware of the problem. I look forward to 
work with him and my other colleagues on this very important new 
initiative. It is my hope the Senate will act quickly and decisively to 
approve this very commonsense piece of legislation.
  Mr. President, in conclusion, I ask unanimous consent a recent 
article that appeared in USA Today entitled ``Medications from Mexico'' 
that explains this and illustrates the problem be printed in the 
Record.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

                        Medications From Mexico

                            (By Tim Friend)

       Millions of tablets of prescription sedatives, amphetamines 
     and narcotic painkillers are being brought into the U.S. from 
     Mexico, and most appear destined for recreational use or sale 
     on the street, a new study shows.
       The 12-month study of U.S. Customs declaration forms 
     suggests serious abuse of federal laws that permit 
     individuals to buy prescription drugs in Mexico and bring 
     them back for personal use, the authors say.
       It also suggests U.S. Customs enforcement of controlled 
     substances at the border at Laredo, Texas, is limited.
       ``It is remarkable what is being brought back across the 
     border,'' says Marvin Shepherd of the College of Pharmacy at 
     the University of Texas at Austin. ``It's a prescription mill 
     down there.''
       Shepherd set out to determine how many prescription drugs 
     elderly people are buying in Mexico because of the cheaper 
     prices. The study was funded by the National Association of 
     Chain Drug Stores and the Texas Pharmacy Association. They 
     were concerned that unapproved drugs were entering the U.S. 
     and that many elderly were skirting safeguards provided by 
     U.S. pharmacies.
       Shepherd says he and the study sponsors were shocked to 
     learn that drugs declared by people over age 50 accounted for 
     only 9.4% of 5,624 claims. The median age of men purchasing 
     drugs was 24 and of women it was 35.
       In some cases, individuals declared as many as 25 bottles 
     of Valium containing 90 pills each and 29 boxes of Percodan 
     containing 10 pills each.
       Most people declaring the drugs obtained prescriptions in 
     Nuevo Laredo from Mexican doctors' offices, usually for $20 
     to $30, without seeing a doctor.
       Federal law permits prescriptions written and filled in 
     Mexico to pass through customs, says Judy Turner, U.S. 
     Customs spokeswoman. However, the policy is to allow only a 
     90-day supply of drugs.
       ``They do see a huge amount of Valium in Laredo,'' says 
     Turner. ``But it's possible people are declaring large 
     amounts of drugs and that agents are not permitting them to 
     keep more than the limit.''
       Customs records show agents at Laredo seized 330,089 
     tablets of Valium and 14 other drugs in 1995. But Shepherd 
     estimates from June 1994 to July 1995, 8.7 million tablets of 
     the top 15 drugs were brought into the U.S. from Nuevo 
     Laredo.
       Kristin McKeithan, who collected data for the study, says 
     agents sometimes enforce limits on the drugs and at other 
     times allow individuals to bring in large quantities.
       ``When a person came through it was a really random 
     process,'' McKeithan says.
       Leticia Moran, port director for U.S. Customs at Laredo, 
     says the situation there is complicated by large numbers of 
     people crossing the border.
       ``There is no way my officers would allow someone to bring 
     in 25 boxes of Valium,'' Moran says. But on Saturdays, 25,000 
     people visit Nuevo Laredo. It is impossible for customs to 
     check everyone, she says. People will get through with more 
     drugs than are allowed.
       Ronald Ziegler, president of the chain drug association, 
     says the amounts of drugs many individuals were declaring far 
     exceed amounts considered medically appropriate.
       ``The study cries out with the potential for abuse in 
     almost every section,'' says Ziegler. ``You can imagine that 
     if you take this from one border and expand it to other 
     border crossings across the state, it's quite profound. 
     Within this system, something has gone haywire.''
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