[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.
____________________