[Congressional Record Volume 153, Number 155 (Monday, October 15, 2007)]
[House]
[Pages H11526-H11527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DEXTROMETHORPHAN DISTRIBUTION ACT OF 2007

  Ms. BALDWIN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 970) 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 the title of the bill.
  The text of the bill is as follows:

                                H.R. 970

       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 2007''.

     SEC. 2. RESTRICTIONS ON DISTRIBUTION OF BULK 
                   DEXTROMETHORPHAN.

       The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et 
     seq.) is amended--
       (1) in section 501, by inserting at the end the following:
       ``(j) If it is unfinished dextromethorphan and is 
     possessed, received, or distributed in violation of section 
     506D.''; and
       (2) by inserting after section 506C the following:

     ``SEC. 506D. RESTRICTIONS ON DISTRIBUTION OF BULK 
                   DEXTROMETHORPHAN.

       ``(a) Restrictions.--No person shall--
       ``(1) possess or receive unfinished dextromethorphan, 
     unless the person is registered under section 510; or
       ``(2) distribute unfinished dextromethorphan to any person 
     other than a person registered under section 510.
       ``(b) Exception for Common Carriers.--This section does not 
     apply to a common carrier that possesses, receives, or 
     distributes unfinished dextromethorphan for purposes of 
     distributing such unfinished dextromethorphan between persons 
     registered under section 510.
       ``(c) Definitions.--In this section:
       ``(1) The term `common carrier' means any person that holds 
     itself out to the general public as a provider for hire of 
     the transportation by water, land, or air of merchandise, 
     whether or not the person actually operates the vessel, 
     vehicle, or aircraft by which the transportation is provided, 
     between a port or place and a port or place in the United 
     States.
       ``(2) The term `unfinished dextromethorphan' means 
     dextromethorphan that is not contained in a drug that is in 
     finished dosage form.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wisconsin (Ms. Baldwin) and the gentleman from New York (Mr. Fossella) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Wisconsin.


                             General Leave

  Ms. BALDWIN. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wisconsin?
  There was no objection.
  Ms. BALDWIN. Madam Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 970, the Dextromethorphan Distribution Act 
of 2007.
  Dextromethorphan, commonly known as DXM or DEX, is an active 
ingredient in many over-the-counter cough and cold medications. When 
used as directed, DEX has proven to be an effective cough suppressant; 
but sadly, an alarming number of teenagers and young adults are abusing 
prescription and over-the-counter medications by taking much larger 
than recommended doses to get high.
  H.R. 970 attempts to curb the misuse and abuse of DEX by restricting 
the sale, purchase, trade, and distribution of DEX to registered 
producers of drugs and devices. The legislation is aimed at preventing 
would-be drug dealers from purchasing DEX wholesale and selling it over 
the Internet and on the streets.
  Similar legislation passed the House during the 109th Congress but 
was not enacted into law. Today, we renew our commitment to America's 
young people by passing this legislation. We are also reminding parents 
and guardians to remain vigilant in the often difficult task of talking 
with our young people about drug misuse and abuse. Even if your child 
does not abuse products containing DEX or any other over-the-counter 
medications, odds suggest that they know somebody who does.
  I want to acknowledge and commend our colleagues, particularly 
Congressman Fred Upton and Congressman Rick Larsen, for their committed 
work on this issue, and I urge my colleagues to support H.R. 970.
  Madam Speaker, I reserve the balance of my time.
  Mr. FOSSELLA. Madam Speaker, I am proud to rise in favor along with 
my colleague from Wisconsin and support H.R. 970. At the outset, I 
would also like to thank Mr. Upton of Michigan and Mr. Larsen of 
Washington for their work on this important legislation. Mr. Upton in 
particular has been a true champion and is one of the reasons why we 
are here.
  Dextromethorphan, or DXM or DEX as it is sometimes called, is an 
ingredient found in cough medicine. The ingredient relieves the 
coughing associated with the cold or flu, which is a positive, and 
cough medicines containing this drug are common and can be obtained 
without prescription, as we full know. While the 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 to get high. The abuse of this drug can 
cause death as well as other serious adverse events, such as brain 
damage, seizure, loss of consciousness, and irregular heartbeat.
  Madam Speaker, at this point, I yield to my colleague and a true 
champion of this, Mr. Upton, for 4 minutes.
  Mr. UPTON. Madam Speaker, I also want to compliment our fine Reading 
Clerk for getting the pronunciation of dextromethorphan correct. I know 
she has been practicing for days, as many of us have.
  But I too rise in strong support of this bill, H.R. 970, the 
Dextromethorphan Distribution Act, I am going to call it DXM, of 2007, 
legislation that I introduced with my friend and colleague Mr. Rick 
Larsen of Washington. He has been absolutely a champion as we have 
worked this issue on both sides of the aisle to restrict the 
distribution of this product to entities registered with the FDA.
  I want to thank the House leadership for scheduling this bill; I want 
to thank my friend and chairman, Mr. Dingell of our committee, as well 
as Mr. Barton, the ranking member, as well as the chairman and ranking 
member of the Energy and Commerce Health Subcommittee for allowing this 
bill in fact to come to the floor, not only in this session but in the 
last session of Congress as well. When we did pass it on the House 
floor, I think it was actually one of the last bills that was passed in 
the 109th Congress in the House, but the Senate failed us at the end. 
We are hoping that by passing it at this point the Senate, in fact, 
will move together.
  I also want to thank my staff, particularly Jane Williams, who has 
sat in countless meetings as we have worked and finessed this 
legislation, not only the industry folks here, but obviously with House 
and Senate leaders on both sides of the Capitol.
  This drug normally is a safe and effective nonnarcotic cough 
suppressant that is used in many over-the-counter cough and cold 
medicines. While medicines containing DXM are used safely and 
effectively by millions of Americans every year, taken in extremely 
large quantities this drug produces a high that can cause brain damage, 
seizure, and obviously death.
  Studies have shown that teenagers are obtaining unfinished DXM on the 
Internet to get high by consuming

[[Page H11527]]

large amounts or mixing it with alcohol. And already there have been 
too many deaths linked to the abuse of pure DXM. According to the DEA, 
abuse among adolescents is increasing. Abuse of DXM has been found in 
several forms, but has been increasingly found in an encapsulated 
powder form which is now being sold over the Internet. Currently, there 
are no restrictions, none, on the restriction of raw bulk 
dextromethorphan, and this bill would help to ensure that DXM is used 
only for legitimate purposes and stays out of the hands of drug dealers 
and adolescents. FDA would have the authority to seize bulk 
dextromethorphan if found in the possession of anyone not authorized to 
have it, and those measures would cut off the supply chain of 
unfinished DXM to those purchasing it on the Internet to get high or to 
sell it as a street drug.
  This bill has been endorsed by the American Pharmacists Association, 
the Consumer Healthcare Products Association, the Food Marketing 
Institute, the National Association of Chain Drug Stores and 
Partnership for a Drug-Free America.
  As the parent of two teenagers, I am certainly alarmed by the number 
of teens who are abusing cough syrup and pure DXM to get a high. They 
are under the false impression that getting high off this drug is 
harmless because it is an ingredient in cough syrup. Nothing can be 
further from the truth. Our kids are playing a game of Russian roulette 
every time they get high off this drug, and sooner or later someone 
will die, as they have already. Enough is enough.
  This commonsense bipartisan piece of legislation will certainly put 
an end to the bulk sale of DXM on the Internet and will keep our kids 
safe from the dangers of this type of drug abuse. I hope that all of 
our colleagues can support this even on a voice vote, and I hope and 
pray that the Senate will take action as soon as they can so that we 
can get this bill to the President's desk where I expect him to sign 
it.
  Ms. BALDWIN. Madam Speaker, I reserve the balance of my time.
  Mr. FOSSELLA. Madam Speaker, let me again commend Mr. Larsen, and of 
course Mr. Upton and my colleague from Wisconsin, and urge the 
adoption.
  I yield back the balance of my time.
  Ms. BALDWIN. Madam Speaker, I want to state that this bill and its 
passage will certainly begin to curb the abuse of dextromethorphan. I 
would like to thank the gentleman also for his leadership on this bill 
and that of Mr. Rick Larsen's. This will begin a process of educating 
about the harm that such abuse of over-the-counter drugs can cause, and 
I urge my colleagues to join me in supporting this bill.
  Mr. LARSEN of Washington. Madam Speaker, our society tends to think 
of drugs only as illicit, illegal products sold on the street. Yet 
there are other dangers closer to home, in our own medicine cabinets 
and a click of the mouse away. Common household products, such as cough 
syrup, contain ingredients that can provide a high if taken in large 
enough doses.
  The Partnership for a Drug Free America estimates that 1 in 10 
teenagers or approximately 2.4 million young people have intentionally 
abused cough medicine in order to get high. The primary active 
ingredient in most cough medicines is dextromethorphan, also known as 
DXM.
  While medicines containing DXM are used safely by millions of 
Americans each year, some teenagers are taking excessive amounts of 
over-the-counter cough medications in order to get high. Moreover, many 
teens are abusing the unfinished, pure form of DXM which under current 
law can be obtained legally over the Internet.
  Pure DXM is extremely dangerous when taken in large amounts, and can 
cause hallucinations, seizures, brain damage, and even death. In 2005, 
two teenagers in my district died from overdosing on unfinished DXM, 
which they had obtained from a company over the Internet. In the same 
year three boys from Virginia and Florida died as a result of abusing 
unfinished DXM, which they had acquired through the same means. The 
loss of these children is a tragedy that will forever be felt by their 
families and their communities.
  There is no need to risk the reoccurrence of these tragic events in 
the future. H.R. 970, the Dextromethorphan Distribution Act, will 
prohibit the distribution of unfinished DXM to anyone not registered to 
possess it. It will cut off the supply of unfinished DXM to those 
looking to use it to get high or sell it as a street drug.
  This commonsense legislation will eliminate the abuse of unfinished 
DXM, while still allowing drug manufacturers and registered pharmacists 
to use the substance as it was intended.
  I would like to thank my friend and colleague Fred Upton for his 
leadership on this issue, and I applaud the House leadership for 
sending this bill to the House floor. I urge the Senate to act quickly 
to turn this commonsense bill into law.
  Ms. BALDWIN. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Wisconsin (Ms. Baldwin) that the House suspend the 
rules and pass the bill, H.R. 970, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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