[Congressional Record Volume 144, Number 107 (Monday, August 3, 1998)]
[House]
[Pages H6903-H6906]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CONTROLLED SUBSTANCES TRAFFICKING PROHIBITION ACT

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3633) to amend the Controlled Substances Import and 
Export Act to place limitations on controlled substances brought into 
the United States from Mexico, as amended.
  The Clerk as read as follows:

                               H.R. 3633

       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 ``Controlled Substances 
     Trafficking Prohibition Act''.

     SEC. 2. LIMITATION.

       (a) Amendment.--Section 1006(a) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 956(a)) is 
     amended--
       (1) by striking ``The Attorney General'' and inserting 
     ``(1) Subject to paragraph (2), the Attorney General''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding any exemption under paragraph (1), a 
     United States resident who enters the United States through 
     an international land border with a controlled substance 
     (except a substance in schedule I) for which the individual 
     does not possess a valid prescription issued by a 
     practitioner (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802)) in accordance with applicable 
     Federal and State law (or documentation that verifies the 
     issuance of such a prescription to that individual) may not 
     import the controlled substance into the United States in an 
     amount that exceeds 50 dosage units of the controlled 
     substance.''.
       (b) Federal Minimum Requirement.--Section 1006(a)(2) of the 
     Controlled Substances Import and Export Act, as added by this 
     section, is a minimum Federal requirement and shall not be 
     construed to limit a State from imposing any additional 
     requirement.
       (c) Extent.--The amendment made by subsection (a) shall not 
     be construed to affect the jurisdiction of the Secretary of 
     Health and Human Services under the Federal Food, Drug and 
     Cosmetic Act (21 U.S.C. 301 et seq.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Smith) and the gentlewoman from California (Ms. Lofgren) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Smith).


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks on H.R. 3633, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I include for the Record an exchange of letters between 
the gentleman from Illinois (Chairman Hyde) and the gentleman from 
Virginia (Chairman Bliley).
  The letters referred to are as follows:

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, July 16, 1998.
     Hon. Tom Bliley,
     Chairman, Committee on Commerce,
     House of Representatives, Washington, DC.
       Dear Tom: Thank you for your letter regarding your 
     Committee's jurisdictional interest in H.R. 3633, the 
     Controlled Substance Trafficking Prohibition Act.
       I acknowledge your interest in this legislation and 
     appreciate your cooperation in moving the bill to the House 
     floor expeditiously. I appreciate your cooperation and agree 
     to work with you as this legislation moves forward. I further 
     agree that your decision to forego further action on the bill 
     will not prejudice the Commerce Committee with respect to its 
     jurisdictional prerogatives on H.R. 3633, or similar 
     legislation.
       Thank you again for your cooperation.
           Sincerely,
                                                    Henry J. Hyde,
     Chairman.
                                  ____

                                         House of Representatives,


                                        Committee on Commerce,

                                    Washington, DC, July 16, 1998.
      Hon. Henry J. Hyde,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Mr. Chairman: On May 20, 1998, the Judiciary Committee 
     ordered reported H.R. 3633, the Controlled Substances 
     Trafficking Prohibition Act, without amendment. The bill 
     would amend the Controlled Substances Import and Export Act 
     to place limitations on certain controlled substances brought 
     into the United States from Mexico. As you know, this 
     legislation was introduced on April 1, 1998, and referred to 
     the Judiciary Committee and in addition to the Commerce 
     Committee.
       Given the importance of this legislation and your interest 
     in moving the bill to the House Floor in an expeditious 
     manner, I will agree not to exercise the Commerce Committee's 
     jurisdiction over the bill. By agreeing not to exercise the 
     Commerce Committee's jurisdiction, the Committee does not 
     waive its jurisdictional interest in this bill or similar 
     legislation. Further, the Committee would preserve its 
     prerogative to seek to be represented in any House-Senate 
     conference committee that may be convened on H.R. 3633.
       I appreciate your consideration of our interest in this 
     legislation and look forward to working with you on its 
     passage. Further, I would appreciate an acknowledgment of 
     this letter and would request that our exchange of letters be 
     included in the record of debate on this bill.
           Sincerely,
                                                       Tom Bliley,
                                                         Chairman.

  Mr. Speaker, the Controlled Substances Trafficking Prohibition Act 
was introduced by my friend, the gentleman from Ohio (Mr. Chabot), and 
was the subject of a subcommittee hearing by the Subcommittee on Crime 
of the Committee on the Judiciary on March 26. It was reported 
favorably out of the Subcommittee on Crime on May 7.
  The magnitude of illegal drugs moving through Mexico into the United 
States is dramatic and has been well documented in recent years. An 
estimated 60 to 70 percent of the nearly 500 metric tons of cocaine 
entering the United States each year enters through Mexico. An even 
greater amount of marijuana pours into the United States from Mexico 
annually.
  The problem addressed by this legislation is a less visible side but 
a growing and serious side of the drug problem: the rising volume of 
controlled substances being purchased legally in Mexico and then 
brought across the border into the United States.
  The ease with which large quantities of controlled substances can be 
purchased in Mexico and then legally transported into the United States 
has led to serious concerns among U.S. law enforcement agencies, 
including the Customs Service, the DEA, and the drug czars's office 
about the illegal diversion of these drugs.
  H.R. 3633 is a carefully crafted response to the problems associated 
with the importation of drugs across the border with Mexico. The bill 
amends the Controlled Substances Import and

[[Page H6904]]

Export Act so as to limit controlled substances brought across the 
border into the United States from Mexico.
  The bill limits the ``personal use exemption'' in current law with 
respect to any individual entering the United States through a land 
border with Mexico with a controlled substance who enters without a 
prescription. Under H.R. 3633, such an individual may not bring in more 
than 50 dosage units of such a controlled substance, or in the case of 
an individual who does not lawfully reside in the United States, an 
amount may be brought in based on the approximate length of stay by 
that individual in the United States.

                               {time}  1315

  I strongly support this bill as a reasonable and targeted solution to 
a growing problem, a problem, I might add, which has not been amenable 
to regulatory solutions.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
  I support this legislation limiting an individual's ability to bring 
into the U.S. from abroad a 90-day supply of prescription medicines 
that are allegedly for personal use. In reality this loophole in the 
law has allowed individuals to travel to other countries and return 
with amphetamines, tranquilizers and date rape drugs and sell them here 
in the United States.
  This bill would reduce the limit on ``personal use'' imports of drugs 
in pill form to 50 pills, generally a two-week supply of most 
pharmaceuticals. The bill would also permit anyone with a prescription 
from a U.S. physician to bring in as many pills as were prescribed, 
allowing, therefore, individuals with legitimate prescriptions to 
purchase drugs in countries such as Mexico where they are often less 
expensive.
  Because this bill limits the improper import of prescription drugs 
while still allowing import for legitimate reasons, I am pleased to 
support this measure. I urge my colleagues to support the measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I just want to make a couple of additional points that are important 
and that may not have been evident from my initial remarks: that is, to 
reemphasize that this bill does not apply just to our border with 
Mexico but applies equally to the border with Canada as well. This 
clearly addresses the possibility of a problem with drug trafficking of 
controlled substances that come across our northern border as well as 
our southern border. I might say that this emphasis on both borders is 
supported, I understand, by the administration as well as by my 
colleagues on the other side of the aisle.
  Finally, Mr. Speaker, I wanted to point out that it is my colleague, 
the gentleman from Ohio (Mr. Chabot) who deserves the credit for 
recognizing the problem and then coming up with the solution that we 
are discussing today. It is with much appreciation to the gentleman 
from Ohio (Mr. Chabot) for all his hard work on this legislation.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume. 
I just wanted to note the lead and important role played by my 
colleague, the gentleman from North Carolina (Mr. Watt), in making sure 
that all countries abutting the United States are included in this 
bill, a measure that was readily accepted at the committee. I agree 
that this is an important issue.
  Mr. SMITH of Texas. Mr. Speaker, I yield 5 minutes to the gentleman 
from Ohio (Mr. Chabot).
  Mr. CHABOT. Mr. Speaker, I thank the distinguished chairman of the 
Committee on International Relations for yielding me the time.
  Mr. Speaker, I would like to thank my colleagues, particularly the 
gentleman from Texas (Mr. Smith) and the gentlewoman from California 
(Ms. Lofgren), for their support of H.R. 3633, the Controlled 
Substances Trafficking Prohibition Act, legislation that I sponsored 
and that was adopted by the House earlier this afternoon.
  This important initiative will close a loophole in Federal law that 
allows dangerous drugs, particularly drugs used in connection with date 
rape, to be legally imported into the United States.
  Federal, State and local law enforcement agencies have raised serious 
concerns about the trafficking of controlled substances from Mexico. 
Right now uppers, downers, hallucinogens and date rape drugs similar to 
Rohypnol may be easily obtained from so-called health care providers or 
pharmacists in Mexico with no documentation of medical need whatsoever.
  According to DEA, these drugs are frequently resold illegally in the 
United States. This situation is especially dangerous because these 
powerful drugs may be used in connection with date rapes. While 
Rohypnol, the most well-known date rape drug, has been banned in the 
U.S., it is still being used to rape young women, and many other 
dangerous controlled substances have taken its place. Jane Maxwell, 
director of the Texas Commission on Alcohol and Drug Abuse, says that 
this loophole continues to allow date rape drugs to cross the border.
  For example, the drug Rivotril is everywhere, according to Maxwell, 
and is now being used by juveniles, just as Rohypnol has been used. A 
1996 study documented the controlled substance drug trafficking 
problems along the U.S.-Mexico border. The study found that in just one 
year at the Laredo border crossing over 60,000 drug products were 
brought into the U.S. by more than 24,000 people. All of the top 15 
drug products, which represented 94 percent of the total quantity of 
declared drugs, were controlled substances. These dangerous drugs, 
classified as prescription tranquilizers, stimulants and narcotic 
analgesics, are potentially addictive and subject to abuse. 
Specifically, Valium was declared by 70 percent of the people, with the 
average person bringing in 237 tablets. Rohypnol was brought in by 43 
percent of those who declared their prescription medication. Over a 
full year that means that over 4 million doses of Valium and almost 1.5 
million doses of Rohypnol were brought in at one single border 
crossing.
  The median age for those who declared Valium and Rohypnol is 24 and 
26 years old respectively. The large quantity of dangerous drugs 
passing through a single border crossing underscores the seriousness of 
the problem. The quantity and types of pills discovered also back up 
DEA's view that these drugs are being used for illegal purposes.
  While this problem is most notable in communities along the U.S.-
Mexico border, it impacts communities well outside the Southwest. The 
study in Laredo found that residents from 39 States crossed the border 
and returned to the United States with a variety of drug products.
  Around the country, prescription drug abuse is a growing problem, 
especially among our youth. The purity and low price of prescription 
drug pills makes them an attractive alternative to traditional street 
drugs. At a recent Subcommittee on Crime hearing on date rape drugs, 
experts testified that GHB, Rohypnol and other date rape drugs are 
rapidly becoming the drug of choice in various communities and among 
the different types of users, particularly among teenagers.
  Mr. Speaker, this legislation will help close the loophole which 
allows these dangerous drugs into our communities. I thank my 
colleagues for their support, and I particularly want to thank the 
gentleman from Texas (Mr. Smith) for yielding me the time.
  Mr. GILMAN. Mr. Speaker, will the gentleman yield?
  Mr. CHABOT. I yield to the gentleman from New York.
  Mr. GILMAN. Mr. Speaker, I just want to commend the gentleman for his 
outstanding efforts in trying to control illicit drug trafficking. This 
is an important area, and we commend the gentleman for his farsighted 
approach to this critical problem.
  Mr. CHABOT. Mr. Speaker, I thank the gentleman for his comments. As 
all of us who work in the House of Representatives know, the gentleman 
from New York (Mr. Gilman) has for many years been one that has fought 
the scourge of drugs that we have had going on in our country for a 
long time. I just want to commend the gentleman from New York (Mr. 
Gilman) for his leadership.
  Mr. CHABOT. Mr. Speaker, this legislation will close a loophole in 
federal law that allows dangerous drugs--particularly drugs used in 
connection with date rape--to be legally imported into the United 
States.

[[Page H6905]]

  Federal, state and local law enforcement agencies; drug abuse 
prevention organizations; independent studies; and media reports have 
raised serious concerns about the trafficking of controlled substances 
from Mexico. Right now, uppers, downers, hallucinogens, and date rape 
drugs similar to Rohypnol may be easily obtained from so-called 
``health-care providers'' or ``pharmacists'' in Mexico with no 
documentation of medical need. According to DEA, these drugs are 
frequently resold illegally in the United States.
  This situation is especially dangerous because these powerful drugs 
may be used in connection with date-rapes. While Rohypnol--the most 
well-known date-rape drug--has been banned in the U.S., it is still 
being used to rape young women, and many other dangerous controlled 
substances have taken its place. Jane Maxwell, director of the Texas 
Commission on Alcohol and Drug Abuse (TCADA) says that this loophole 
continues to allow date-rape drugs to cross the border. For example, 
the drug Rivotril is ``everywhere'' according to Maxwell, ``and is now 
being used by juveniles . . . just as Rohypnol has been used.''
  A 1996 study documented the controlled substance drug trafficking 
problem along the U.S.-Mexico border. The study found that in just one 
year at the Laredo border crossing, over 60,000 drug products were 
brought in to the U.S. by more than 24,000 people. All of the top 15 
drug products, which represented 94.1 percent of the total quantity of 
declared drugs, were controlled substances. These dangerous drugs, 
classified as prescription tranquilizers, stimulants, and narcotic 
analgesics, are potentially addictive and subject to abuse.
  Specifically, Valium was declared by 70 percent of the people, with 
the average person bringing in 237 tablets. Rohypnol was brought in by 
43 percent of those who declared their prescription medication. Over a 
full year, that means that over 4 million doses of Valium and almost 
1.5 million doses of Rohypnol were brought in at a single border 
crossing. The median age for those who declared Valium and Rohypnol? It 
was 24 and 26 years old respectively.
  The large quantity of dangerous drugs passing through a single border 
crossing underscores the seriousness of this problem. The quantity and 
types of pills discovered also backup DEA's view that these drugs are 
being used for illegal purposes.
  While this problem is most noticeable in communities along the U.S.-
Mexico border, it impacts communities well outside the southwest. The 
study in Laredo found that residents from 39 states crossed the border 
and returned to the United States with a variety of drug products.
  Around the country, prescription drug abuse is a growing problem, 
especially among our youth. The purity and low price of prescription 
pills makes them an attractive alternative to traditional street drugs. 
At a recent Crime Subcommittee hearing on date-rape drugs, experts 
testified that GHB, Rohypnol and other date-rape drugs are rapidly 
becoming the so-called ``drug of choice'' in various communities and 
among different types of users, particularly teenagers.
  Surprisingly, prescription painkillers, sedatives, stimulants, and 
tranquilizers account for 75 percent of the top 20 drugs mentioned in 
emergency room episodes in 1995.
  While American children become addicts or overdose, Mexican drug 
dealers use this loophole to make a mockery out of our anti-drug 
efforts. Their brazen practices include providing detailed instructions 
to help people entering the U.S. avoid arrest or drug confiscation. 
These instructions read:
  ``Don't use marijuana or cocaine for 2 days before because dogs may 
smell.''
  ``Don't open boxes in Mexico.''
  ``Customs and Border Patrol don't care about medication.''
  ``Medication must be used only in U.S.A. not in Mexico.''
  Ironically, while Mexican authorities don't mind supplying dangerous 
drugs to American citizens, they strictly prohibit their use in Mexico.

  This gaping hole in U.S. drug policy exists because of a so-called 
``personal use'' exemption to the Controlled Substances Act that allows 
American drug dealers to bring in up to a 90 day supply of such drugs 
without a legitimate prescription or medical purpose, as long as they 
are declared at the border. This lax exemption permits people to import 
multiple drugs and thousands of pills in a single day.
  We have been working with Customs, DEA, and the Office of National 
Drug Control Policy to solve this problem. This legislation offers a 
targeted and straight-forward solution.
  This legislation would limit the exemption for individuals who do not 
posses a prescription issued by a U.S. physician or documentation which 
verifies a legitimate prescription. An individual without this 
documentation would be limited to a maximum of 50 dosage units of a 
controlled substance. The 50 dose limit would provide those people who 
have a legitimate need for a controlled substance ample time to seek 
medical attention in the U.S. while virtually eliminating the abuses 
that are now prevalent.
  I want to be very clear about what this legislation does and does not 
do:
  The legislation is strictly limited to controlled substances. 
Controlled substances are drugs that the DEA has either banned or 
subjected to closely regulated status because of their danger, 
addictiveness and potential for abuse.
  The legislation is strictly limited to those individuals that do not 
posses documentation that a U.S. prescription exists. The legislation 
does not impact the ability of people with a prescription issued by a 
U.S. doctor to import any medications, including controlled substances.
  The legislation does not in any way change current U.S. law as it 
relates to the importation of prescription drugs that are not 
considered controlled substances. In other words, this legislation will 
not make it more difficult for people to obtain drugs to treat heart 
disease, cancer, AIDS or other serious illnesses, because these drugs 
are not controlled substances. In fact, none of the top 20 heart, 
cancer or AIDS drugs are controlled substances.
  The manager's amendment makes an important change from the Judiciary 
Committee passed version.
  Throughout the process of learning about this problem and researching 
possible solutions, I have worked closely with the Office of National 
Drug Control Policy, the Texas Department of Alcohol and Drug Abuse, 
the Drug Enforcement Agency, the U.S. Customs Service, Crime 
Subcommittee Chairman Bill McCollum, Senator DeWine, the sponsor of 
this legislation in the Senate, and Senator Grassley's Senate Caucus on 
International Narcotics to come to an agreement on this legislation.
  The principal change in the final version is that the legislation 
includes all international land borders in its coverage. This is to 
guard against possible diversion from Mexico to Canada and to ensure 
that this problem does not expand to Canada.
  This expansion is supported by the U.S. Customs Service, which 
prefers a uniform standard, as well as DEA and ONDCP, who support 
broader application of this legislation.
  The other changes made from the Committee version to the final 
version are technical changes that don't change the force or effect of 
the legislation. They are changes that were suggested by the Justice 
Dept., DEA and Customs, as well as language tightening up the bill as 
drafted by Legislative Counsel in the Senate.
  Mr. Speaker, this should not be a controversial proposal. DEA and 
Customs identified this as a critical problem over two years ago. 
General McCaffery has written to me and expressed his belief that there 
is general agreement among my office, ONDCP, DEA, and Customs regarding 
the scope of the problem and the proposed solution.
  Mr. Speaker, I especially want to thank Mr. Joe Rubin of my staff for 
his outstanding work on this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to speak on behalf of 
this legislation, which amends the Controlled Substances Import and 
Export Act, and tightens the rules regarding the importation of 
prescription medication into the United States.
  I support this bill for several reasons, foremost amongst them 
because some medications used in other countries are imported into this 
country to be sold and used for illicit purposes. One of those 
medications has found a truly insidious use here in the United States. 
That drug is Rohypnol, otherwise known as the ``Date Rape Drug''.
  I have spoken numerous times about the dangers of Rohypnol, and other 
drugs used to facilitate the rape of innocent women, but I feel 
compelled to do so again. The use of Rohypnol to commit rape has become 
a scourge in our society, and we must make sure that we minimize the 
dangers that it presents.
  This drug and others like it, are slipped into the drinks of 
unsuspecting women at bars and clubs. As a result, many of them become 
ill, or black out. During their period of unconsciousness, these women 
are helpless against any assault on their bodily integrity. Even worse, 
is that after the fact, many of the victims cannot remember the events 
that have transpired. They are forced to deal with the consequences of 
the crime, without a clue as to who perpetrated it. Not only does this 
make it harder for a victim to recover from such an emotional incident, 
but it makes it near impossible for law enforcement to bring the full 
force of the criminal justice system upon the head of the perpetrator.
  In the city of Houston in the past 6 months, there have been over 60 
admissions to emergency rooms resulting from the ingestion of the 
various date-rape drugs. We must pursue all available and necessary 
avenues to ensure

[[Page H6906]]

that this drug cannot be used for illegal purposes, and this bill 
presents one such opportunity to safeguard the daughters of this great 
Nation.

  Although I mainly support this legislation for its effects on the 
importation of drugs, I also would like to note that this bill was 
carefully crafted to protect the interests of visitors from outside of 
the country who have legitimate medical needs. People coming into the 
country should rest assured that this bill will not compromise their 
health. Under the provisions in H.R. 3633, legitimate prescription 
medicine is approved for import, so long as the amount does not exceed 
50 doses. If that amount is insufficient, then the visitor can have the 
cap increased to reflect a change in the approximate length of their 
visit.
  I urge all of my colleagues to vote in favor of this bill, and to 
remain vigilant in their efforts to protect our children from all 
drugs.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on 
the motion offered by the gentleman from Texas (Mr. Smith) that the 
House suspend the rules and pass the bill, H.R. 3633, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
the Controlled Substances Import and Export Act to place limitations on 
controlled substances brought into the United States.''.
  A motion to reconsider was laid on the table.

                          ____________________