[Congressional Record Volume 164, Number 164 (Wednesday, October 3, 2018)]
[Senate]
[Pages S6483-S6484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                SUPPORT for Patients and Communities Act

  Ms. CANTWELL. Mr. President, I come to the floor today to thank my 
colleagues Chairman Alexander and Ranking Member Murray for this 
important opioids legislation. Parts of it passed out of the Senate 
Finance Committee as well. So I want to thank Senators Hatch and Wyden 
for their work on this very comprehensive package.
  This important legislation, which, I think, is the third in the bills 
we passed related to opioids, couldn't come at a more important time. 
This crisis is ravaging our communities. It is impacting families.
  We need to do all we can to help those on the frontlines. That is why 
I have been from Port Angeles to Spokane, to southwest Washington, to 
Everett to talk about this issue and to try to provide the solutions 
that my law enforcement and community people want in this legislation.
  I am so excited that the legislation will mean that there are more 
available beds through Medicaid to treat those addicted to opioids. 
This is something we heard about in every community in Washington. We 
heard that those coming out of our jails addicted to opioids, who had 
some modicum of an ability to maybe get off of opioids, then had to 
wait weeks and weeks for treatment in places like Tacoma or Spokane, 
where there simply weren't enough beds.
  This legislation allows Medicaid to cover treatment at institutions 
with more than 16 beds for up to 30 days. It means that funding will be 
available to States and local governments to help treat opioid 
addiction, and it is very important in the State of Washington because 
we have received $43 million in the past 3 years to help us with these 
tools. It means funding tools for law enforcement so that they can help 
combat drug trafficking rings.
  Specifically, this legislation includes more than $4 million in tools 
to support our State of Washington through the HIDTA Program, which 
fights drug-trafficking rings.
  In 2016 alone, the Seattle-based Northwest High Intensity Drug 
Trafficking Area helped to disrupt and dismantle 81 different drug-
trafficking organizations.
  This support and help for our law enforcement and our sheriffs to 
keep doing their job is incredibly important. I have heard from our 
sheriffs who played great roles in this. Sheriff Pastor in Pierce 
County, the King County Sheriff, and our Snohomish County Sheriff have 
all done great work on this very important legislation.
  This legislation also includes stiffer penalties for those who 
illegally distribute opioids that have been flooding our communities. 
We have talked to so many people about this problem. I joined with our 
attorney general, Bob Ferguson, and 39 other State attorneys general in 
pushing legislation that I and Senator Harris of California authored 
that basically said we are not doing a good enough job in tracking the 
distribution of these opioids, and we need to have stiffer fines and 
penalties for those who don't do their job in tracking the distribution 
of this drug.
  Our communities have been flooded, and those attorneys general said: 
Please ensure that effective penalties hold manufacturers accountable 
and help stem the diversion of this product.
  How did we get here? When Congress passed the Controlled Substances 
Act in 1970 to regulate highly addictive drugs, including prescriptions 
for opioids, they did so because they were so addictive; yet Congress 
said you must follow a network of laws to track these controlled 
substances. You need to know exactly where the manufacturers are 
distributing these drugs, to whom, and how much.
  Why did they want that? Because they knew they were so addictive 
that, if they got on the streets and flooded communities and 
marketplaces, we would have a devastating impact.
  Well, because the fines and penalties were so small, these 
manufacturers paid no mind to this provision of the law. Despite the 
requirements, large quantities of opioids flooded into communities. 
Because law enforcement didn't understand how much they were flooding 
their communities and didn't have the records, there was little to 
track. So you had excessive shipments from manufacturers.
  In one example, a physician in Everett, WA, wrote more than 10,000 
prescriptions for opioids. This number of prescriptions was 26 times 
higher than the average prescriber in Everett. I know that sounds 
suspicious, but the drug manufacturer didn't even report the activity. 
The DEA didn't have the information. Instead, the physician continued, 
and the manufacturer continued to distribute to them.
  Why did this lack of reporting continue? It is because the fines 
currently in place for failing to track distribution were so small. 
They did not feel they were a threat, given the other aspects of the 
business. Current fines for failing to follow the Federal law just 
weren't enough. That is why we put new standards in place.
  I traveled throughout our State to talk about this and to talk about 
how our communities have been flooded with this drug. Every time, law 
enforcement and local communities said: We need new tools--tools to 
stop the distribution, tools to help our law enforcement break up rings 
and track the drugs, and new tools to help those who have been impacted 
by opioids.
  That is why we are bumping these fines up to $500,000 per criminal 
violation. These penalties increase the chances that opioid 
manufacturers will think twice about not reporting this distribution. 
In the case of Everett, that manufacturer could have been fined $900 
million because of their activities. I guarantee you that this is a 
deterrent if a manufacturer thinks they are going to receive hundreds 
of millions of dollars in fines.
  I hope they will take this seriously. This legislation is needed and 
will go

[[Page S6484]]

to the President's desk. It is so important for our communities to have 
tools.
  I also want to commend my colleague the Senator from Ohio for putting 
in language to increase the tools for U.S. mail inspections. We know we 
are seeing product being shipped into the United States and that we 
haven't had all of the tools we have needed to make sure we are 
checking the U.S. mail for this product. The STOP Act, hopefully, will 
help us catch and stop more of the illegal distribution of this product 
through the U.S. mail.

  There will be longer coverage for beds to help with treatment, more 
tools for our sheriffs and police forces, better ways to penalize 
manufacturers, which is the key to helping us stop the diversion of 
drugs into communities, and better inspections of those who are using 
our mail system.
  These are all great tools to give to law enforcement. I am glad our 
colleagues could come together on this, and it is so needed in the 
State of Washington. I thank the law enforcement throughout our State 
and thank the providers for helping us work together to get this 
legislation passed.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Gardner). Without objection, it is so 
ordered.