[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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