[Congressional Record Volume 155, Number 53 (Monday, March 30, 2009)]
[House]
[Pages H4086-H4087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DEXTROMETHORPHAN DISTRIBUTION ACT OF 2009

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1259) to amend the Federal Food, Drug, and Cosmetic Act with 
respect to the distribution of the drug dextromethorphan, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1259

       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 2009''.

     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 
     otherwise registered, licensed, or approved pursuant to 
     Federal or State law to engage in the practice of pharmacy, 
     pharmaceutical production, or manufacture or distribution of 
     drug ingredients; or
       ``(2) distribute unfinished dextromethorphan to any person 
     other than a person registered under section 510 or otherwise 
     registered, licensed, or approved pursuant to Federal or 
     State law to engage in the practice of pharmacy, 
     pharmaceutical production, or manufacture or distribution of 
     drug ingredients.
       ``(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 
     described in subsection (a) as registered, licensed, or 
     approved.
       ``(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 gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Louisiana (Mr. Scalise) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1259, the Dextromethorphan 
Distribution Act. This bill addresses the problem of abuse of this 
drug, particularly by teenagers and young adults.
  DXM, as it is called, is an ingredient commonly found in over-the-
counter cough medications. When taken as directed, there are hardly any 
side effects. However, this ingredient is often abused, particularly by 
teenagers and young adults, and can result in devastating health 
effects.
  The bill amends the Food, Drug and Cosmetic Act to restrict the 
distribution, possession, and receipt of unfinished DXM to entities 
registered with the Secretary of Health and Human Services.
  I want to thank my colleague Representative Upton for his work on 
this important bill, and I urge us to pass this bill.
  I reserve the balance of my time.
  Mr. SCALISE. Mr. Speaker, I rise in favor of H.R. 1259, 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 can be safe and effective if used as directed, it can 
also be dangerous if taken improperly. The abuse of this drug can cause 
death as well as other serious adverse effects such as brain damage, 
seizure, loss of consciousness, and irregular heartbeat.
  This legislation 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 access to these needed 
medications.

[[Page H4087]]

  Mr. Speaker, I yield 3 minutes to my friend from Michigan (Mr. 
Upton).
  Mr. UPTON. Mr. Speaker, I too rise in strong support of this 
legislation, the Dextromethorphan Distribution Act of 2009, which I 
introduced to restrict the distribution of this product to entities 
registered with the Food and Drug Administration.
  I want to thank the House leadership for scheduling this bill. I 
particularly want to thank Mr. Pallone, who has helped shepherd this 
legislation a couple of times as we have passed it in the House, and 
yet the other body, the Senate, has not taken it up in the same form. 
We hope that the third time is the charm. I also want to thank the 
chairman of the full committee and my good friend and colleague from 
Washington (Mr. Larsen) for cosponsoring this again with me.
  We know that DXM can be and is a safe and effective non-narcotic 
cough suppressant used in many over-the-counter cough and cold 
medicines. However safely and effectively that these might be used by 
literally millions of Americans every year, taken in extremely large 
quantities it does produce a hallucinogenic high and it can cause brain 
damage, seizures, and even death.
  Currently, there are no restrictions on the distribution of this raw 
bulk DXM. This bill ensures that DXM is used only for legitimate 
purposes and stays out of the hands of drug dealers and adolescents. 
The FDA would have the authority to seize bulk DXM if found in the 
possession of anyone not authorized to have it. This measures would cut 
off the supply chain of unfinished DXM to those purchasing it on the 
Internet to get high or sell it as a street drug.
  I would note that this act is endorsed by the American Pharmacists 
Association, the Consumers Healthcare Products Association, and the 
Partnership for a Drug-Free America. And, I would note that it is my 
understanding that the Partnership for a Drug-Free America believes 
that perhaps there are hundreds of thousands of young Americans 
misusing this DXM. So it is important that we pass this legislation.
  I am the father of two. I am alarmed at the growing trend of teens 
abusing cough syrup, particularly this one, to get high. Our kids are 
engaging in a game of Russian roulette each time they get high off DXM, 
and sooner or later someone will die. That is why this is 
bipartisanship legislation to try to get it enacted, and I would urge a 
``yes'' vote.
  Mr. SCALISE. I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I also yield back the balance of my time 
and urge passage of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 1259.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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