[Congressional Record Volume 152, Number 133 (Wednesday, December 6, 2006)]
[House]
[Pages H8761-H8762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DEXTROMETHORPHAN DISTRIBUTION ACT OF 2006

  Mr. DEAL of Georgia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5280) to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the distribution of the drug dextromethorphan, and 
for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 5280

       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 ``Dextromethorphan 
     Distribution Act of 2006''.

     SEC. 2. FOOD AND DRUG ADMINISTRATION; RESTRICTIONS ON 
                   DISTRIBUTION OF DEXTROMETHORPHAN.

       (a) In General.--Subchapter A of chapter V of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is 
     amended by inserting after section 503A the following:

     ``SEC. 503B. RESTRICTIONS ON DISTRIBUTION OF 
                   DEXTROMETHORPHAN.

       ``(a) In General.--Not later than one year after the date 
     of the enactment of the Dextromethorphan Distribution Act of 
     2006, the Secretary shall issue a final rule to prohibit the 
     distribution of unfinished dextromethorphan to any person 
     other than a person registered under section 510, subject to 
     subsection (b).
       ``(b) Further Restrictions.--Subsection (a) does not 
     restrict the authority of the Secretary under section 201.122 
     of title 21, Code of Federal Regulations.
       ``(c) Unfinished Dextromethorphan.--For purposes of this 
     section, the term ``unfinished dextromethorphan'' means 
     dextromethorphan that is not contained in a drug that is in 
     finished dosage form.''.
       (b) Enforcement.--Section 301 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 331) is amended by adding at the 
     end the following:
       ``(ii) The distribution of unfinished dextromethorphan in 
     violation of regulations under section 503B.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Deal) and the gentleman from New Jersey (Mr. Pallone) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. DEAL of Georgia. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise their 
remarks on this legislation and to insert extraneous material on the 
bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. DEAL of Georgia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am pleased today to rise in favor of H.R. 5280, and I 
would like to thank Mr. Upton of Michigan and Mr. Larsen of Washington 
for their work on this important legislation. Dextromethorphan, or DXM 
as it is sometimes called, is an ingredient found in cough medicine. 
This ingredient relieves the coughing associated with a cold or the 
flu. Cough medicines containing this drug are common and can be 
obtained without a prescription.
  While this drug is safe and effective, it is also dangerous if too 
much is taken. Reports have shown that some segments of the population, 
particularly young people, will take large amounts of this medicine in 
an attempt to absorb large amounts of DXM in order to get high. The 
abuse of this drug can cause death as well as other serious adverse 
effects such as brain damage, seizures, loss of consciousness, and 
irregular heartbeat.
  The Food and Drug Administration has warned of the rise in the abuse 
of DXM, and the bill before us here today is an attempt to stem this 
abuse.
  H.R. 5280 would allow the Secretary of Health and Human Services to 
prohibit the distribution of DXM that is in bulk form to any person not 
registered with the FDA. It is hoped that these restrictions on the 
distribution of DXM will lower the potential for its abuse, while at 
the same time protecting the public health.
  Mr. Speaker, I would urge the Members to support this legislation, 
and I would reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I rise in support of H.R. 5280, the 
Dextromethorphan Distribution Act of 2006, a bill that would authorize 
the FDA to restrict the distribution of dex to registered producers of 
drugs and devices in order to protect the public health.
  We know it is cold and flu season, and throughout our Nation 
pharmacies and convenience store shelves are stocked with over-the-
counter medicines containing dex. Dex is an active ingredient in many 
over-the-counter OTC cough and cold medications. When used as directed, 
dex has proven to be an effective cough suppressant. Unfortunately, an 
alarming number of Americans, particularly teenagers, are abusing a 
variety of prescription over-the-counter OTC medications to get high, 
including those containing dex. Efforts to keep dex out of the hands of 
minors have proved difficult. Over-the-counter medicines containing dex 
are easy to find, easy to afford, and perfectly legal to possess. H.R. 
5280 attempts to curb dex's misuse and abuse by restricting its access 
to registered producers of drugs and devices and providing the FDA with 
statutory tools to keep dex out of the hands of young people. This 
legislation is aimed at preventing drug dealers from purchasing dex 
wholesale and selling over the Internet and on the streets to young 
people seeking a cheap high.
  Mr. Speaker, this bill is merely one step. Parents and guardians must 
continue the often difficult task of talking with our young people 
about drug misuse and abuse. Even if your child does

[[Page H8762]]

not abuse dex, odds suggest they know someone who does. And I am glad 
to know that H.R. 5280 has the support of key stakeholder groups, 
including the American Pharmacist Association, the Partnership for a 
Drug Free America, the Consumer Health Products Association, and the 
Association for Addiction Counselors. I want to acknowledge our 
colleagues, particularly Mr. Upton and Mr. Larsen, for their fine work 
on this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DEAL of Georgia. Mr. Speaker, I am pleased to yield 5 minutes to 
the author of the legislation, Mr. Upton.
  The SPEAKER pro tempore. The gentleman from Michigan is recognized 
for 5 minutes.
  Mr. UPTON. Thank you, Mr. Speaker, and I thank my chairman, Mr. Deal, 
as well. Particularly, I want to thank Chairman Barton and his staff; I 
want to thank the Republican leadership and their staff for getting 
this bill to the floor so quickly. I also want to thank my Democratic 
cosponsor, Mr. Larsen, who I know is rushing to the floor to speak, and 
I know that in his district I am told that he has I think lost five 
individuals because of this.
  Mr. Speaker, H.R. 5280 is a simple bill to ban the Internet sale of a 
drug called dextromethorphan, also known as DXM.
  DXM is an excellent ingredient for a lot of cough syrups that are on 
the market and when used properly there is no danger. And I know that 
because I have a company in my district that makes this, and that same 
company came to me earlier this summer and said, we have a problem that 
we think you ought to be alerted to. And that is what this bill does.
  There are some folks that are out there that are absolutely 
determined to sell this ingredient in its dry bulk form on the 
Internet. Sadly, kids are buying it. They are mixing it with alcohol to 
get high. In a massive dose, the drug can raise the blood pressure, 
lead to seizure or collapse into a coma and die, as we have seen in Mr. 
Larsen's district and other places around the country. In fact, in the 
last 2 years we know that there have been at least five deaths directly 
attributed to this abuse.
  The companies and the pharmacists that work with this ingredient on a 
regular basis don't want it to become the next meth. We have worked on 
that; we don't want another one. And they know that there is absolutely 
no reason to have this bulk ingredient outside of the regular channels 
for drug manufacturing. And that is why, as was said by Mr. Pallone, it 
is endorsed by the American Pharmacist Association, the Consumer Health 
Care Products Association, which is the generic drug manufacturers, the 
Food Marketing Institute, the National Association of Chain Drug 
Stores, and obviously the Partnership for a Drug Free America.

                              {time}  1115

  This bill allows the FDA to promulgate the rule on the sale of 
unfinished powder or bulk DXM. It limits the distribution of DXM to 
only those persons who are a valid part of the drug industry.
  This bill, I think, will cut off the supply of pure DXM to those who 
sell it as a street drug or plan to use it to get high themselves. We 
need to pass this bill.
  Sadly, kids are under the false impression that getting high off this 
is harmless because it is simply an ingredient in cough syrup. Nothing 
could be further from the truth. Our kids are playing Russian roulette 
each time they get high on DXM. Sooner or later somebody is going to 
die. We have seen it happen. Enough is enough. We need to end it.
  I am pleased that we have had so many here in just the last 2 days 
coming into the office. Yesterday local CBS national radio talked about 
this as a terrible case that is plaguing many parts of America. Today I 
think it was on the Today show that they talked about this. We are 
acting quickly. We have recognized the problem and we are acting 
quickly. We need to pass this bill today and have the Senate adopt it 
as well.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Washington (Mr. Larsen).
  Mr. LARSEN of Washington. Mr. Speaker, I rise in strong support of 
the Dextromethorphan Destruction Act.
  DXM is a major ingredient in many over-the-counter cold medicines and 
is perfectly safe when used correctly. However, when taken in large 
amounts in its powdered form, it can cause hallucinations, brain 
damage, seizures and even death. DXM is not available to the public in 
its pure powder form but can be obtained.
  Unfortunately, as our Nation's kids search for ways to get high, they 
have begun abusing both cough syrup and pure DXM purchased over the 
Internet. As the parent of two young boys, I am concerned about the 
growing number of teens consuming unfinished DXM. According for the 
Partnership for Drug-Free America, one out of 11 teenagers used cough 
medicines to get high last year. Substance abuse experts have noticed 
sporadic reports of teens intentionally obtaining unfinished DXM to get 
high by consuming large amounts of powder or mixing it with other drugs 
or alcohol.
  In April 2005, two teenagers in my district overdosed on DXM they had 
purchased online and died. The investigation of their deaths showed 
that the teenagers had ordered the drug over the Internet from two men 
in Indiana who had set up shop in their garage. Three other kids from 
Florida and Virginia also died from overdosing on DXM they had ordered 
from the same two men.
  This is a simple piece of legislation that requires anyone who 
purchases bulk DXM to be registered with the FDA. This legislation is 
commonsense legislation. The only people who should be buying DXM in 
bulk are those who manufacture cough and cold medicines. We must 
protect our kids from a new form of drug dealer, dealers, men like 
these folks in Indiana who decided they could make money by selling DXM 
to the two teens in my district.
  This legislation send a strong message to individuals who are legally 
distributing DXM to our teenagers for recreational use. I urge my 
colleagues to vote ``yes'' for this simple, commonsense legislation 
that will keep our kids safer.
  I also want to thank the gentleman from Michigan (Mr. Upton) for his 
work in drafting this bill and making sure that it made it here to the 
floor today.
  Mr. PALLONE. Mr. Speaker, I yield back the balance of my time.
  Mr. DEAL of Georgia. Mr. Speaker, I urge adoption, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Deal) that the House suspend the rules and 
pass the bill, H.R. 5280, as amended.
  The question was taken; and (two-thirds of those voting having 
responded in the affirmative) the rules were suspended and the bill, as 
amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________