[Congressional Record Volume 166, Number 10 (Thursday, January 16, 2020)]
[Senate]
[Pages S278-S279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION

      By Mr. GRAHAM (for himself, Mrs. Feinstein, Mr. Durbin, Mr. 
        Grassley, Ms. Hassan, Mr. Cornyn, and Mr. Menendez):
  S. 3201. A bill to extend the temporary scheduling order for 
fentanyl-related substances, and for other purposes; considered and 
passed.

                                S. 3201

       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 ``Temporary Reauthorization 
     and Study of the Emergency Scheduling of Fentanyl Analogues 
     Act''.

     SEC. 2. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED 
                   SUBSTANCES.

       Notwithstanding any other provision of law, section 
     1308.11(h)(30) of title 21, Code of Federal Regulations, 
     shall remain in effect until May 6, 2021.

     SEC. 3. STUDY AND REPORT ON IMPACTS OF CLASSWIDE SCHEDULING.

       (a) Definition.--In this section, the term ``fentanyl-
     related substance'' has the meaning given the term in section 
     1308.11(h)(30)(i) of title 21, Code of Federal Regulations.
       (b) GAO Report.--The Comptroller General of the United 
     States shall--
       (1) conduct a study of the classification of fentanyl-
     related substances as schedule I controlled substances under 
     the Controlled Substances Act (21 U.S.C. 801 et seq.), 
     research on fentanyl-related substances, and the importation 
     of fentanyl-related substances into the United States; and
       (2) not later than 1 year after the date of enactment of 
     this Act, submit a report on the results of the study 
     conducted under paragraph (1) to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Caucus on International Narcotics Control of the 
     Senate;
       (D) the Committee on the Judiciary of the House of 
     Representatives; and
       (E) the Committee on Energy and Commerce of the House of 
     Representatives.
       (c) Requirements.--The Comptroller General, in conducting 
     the study and developing the report required under subsection 
     (b), shall--
       (1) evaluate class control of fentanyl-related substances, 
     including--
       (A) the definition of the class of fentanyl-related 
     substances in section 1308.11(h)(30)(i) of title 21, Code of 
     Federal Regulations, including the process by which the 
     definition was formulated;
       (B) the potential for classifying fentanyl-related 
     substances with no, or low, abuse potential, or potential 
     accepted medical use, as schedule I controlled substances 
     when scheduled as a class; and
       (C) any known classification of fentanyl-related substances 
     with no, or low, abuse potential, or potential accepted 
     medical use, as schedule I controlled substances that has 
     resulted from the scheduling action of the Drug Enforcement 
     Administration that added paragraph (h)(30) to section 
     1308.11 of title 21, Code of Federal Regulations;
       (2) review the impact or potential impact of controls on 
     fentanyl-related substances on public health and safety, 
     including on--
       (A) diversion risks, overdose deaths, and law enforcement 
     encounters with fentanyl-related substances; and
       (B) Federal law enforcement investigations and prosecutions 
     of offenses relating to fentanyl-related substances;
       (3) review the impact of international regulatory controls 
     on fentanyl-related substances on the supply of such 
     substances to the United States, including by the Government 
     of the People's Republic of China;
       (4) review the impact or potential impact of screening and 
     other interdiction efforts at points of entry into the United 
     States on the importation of fentanyl-related substances into 
     the United States;
       (5) recommend best practices for accurate, swift, and 
     permanent control of fentanyl-related substances, including--
       (A) how to quickly remove from the schedules under the 
     Controlled Substances Act substances that are determined, 
     upon discovery, to have no abuse potential; and
       (B) how to reschedule substances that are determined, upon 
     discovery, to have a low abuse potential or potential 
     accepted medical use;
       (6) review the impact or potential impact of fentanyl-
     related controls by class on scientific and biomedical 
     research; and
       (7) evaluate the processes used to obtain or modify Federal 
     authorization to conduct research with fentanyl-related 
     substances, including by--
       (A) identifying opportunities to reduce unnecessary burdens 
     on persons seeking to research fentanyl-related substances;
       (B) identifying opportunities to reduce any redundancies in 
     the responsibilities of Federal agencies;
       (C) identifying opportunities to reduce any inefficiencies 
     related to the processes used to obtain or modify Federal 
     authorization to conduct research with fentanyl-related 
     substances;
       (D) identifying opportunities to improve the protocol 
     review and approval process conducted by Federal agencies; 
     and
       (E) evaluating the degree, if any, to which establishing 
     processes to obtain or modify a Federal authorization to 
     conduct research with a fentanyl-related substance that are 
     separate from the applicable processes for other schedule I 
     controlled substances could exacerbate burdens or lead to 
     confusion among persons seeking to research fentanyl-related 
     substances or other schedule I controlled substances.
       (d) Input From Certain Federal Agencies.--In conducting the 
     study and developing the report under subsection (b), the 
     Comptroller General shall consider the views of the 
     Department of Health and Human Services and the Department of 
     Justice.
       (e) Information From Federal Agencies.--Each Federal 
     department or agency

[[Page S279]]

     shall, in accordance with applicable procedures for the 
     appropriate handling of classified information, promptly 
     provide reasonable access to documents, statistical data, and 
     any other information that the Comptroller General determines 
     is necessary to conduct the study and develop the report 
     required under subsection (b).
       (f) Input From Certain Non-Federal Entities.--In conducting 
     the study and developing the report under subsection (b), the 
     Comptroller General shall consider the views of experts from 
     certain non-Federal entities, including experts from--
       (1) the scientific and medical research community;
       (2) the State and local law enforcement community; and
       (3) the civil rights and criminal justice reform 
     communities.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join my Judiciary 
Committee colleagues, Chairman Graham and Senator Durbin, as the lead 
cosponsor of the ``Temporary Reauthorization and Study of the Emergency 
Scheduling of Fentanyl Analogues Act.''
  This bill will ensure that fentanyl-related substances remain in 
Schedule I and will help deter the manufacture of fentanyl-related 
substances responsible for overdose deaths.
  In 2018, the number of fentanyl-related deaths in the United States 
increased from 28,000 to 32,000.
  This is more than double the number of heroin-related overdose 
deaths. It is a staggering number of lives lost that we simply cannot 
accept.
  To address the increasing deaths, the Drug Enforcement Administration 
(DEA) issued a temporary order to control fentanyl-related substances, 
or fentanyl analogues, as a class.
  That order is set to expire on February 6th.
  Based on the information my office has received from the DEA and the 
Centers for Disease Control and Prevention, it is clear that this order 
has been effective.
  The number of law enforcement encounters of new fentanyl analogues 
has decreased from 8 to 2. That is significant and means that the order 
has reduced the supply of new fentanyl analogues by 75 percent.
  This decrease in supply has reduced the need for widespread 
prosecutions of fentanyl-related offenses. In fact, since the DEA's 
order went into effect, it is my understanding that there has only been 
two related prosecutions.
  Additionally, although the number of fentanyl-related overdose deaths 
has continued to increase, the rate at which these deaths has increased 
has declined significantly.
  For example, between the 12 month periods ending January 2017 and 
January 2018, fentanyl deaths increased by nearly 36 percent.
  Comparatively, between the 12 month periods ending May 2018 and May 
2019, which is the latest data available, the rate of fentanyl deaths 
only increased by just over 9 percent.
  I would have preferred a long-term solution to addressing this 
problem that can gamer strong bipartisan support, and I am eager to 
continue working with my colleagues on such a solution.
  However, given the limited amount of time that we have before the 
DEA's temporary order expires, we cannot sit idly by and do nothing.
  For these reasons, I urge my colleagues to join me in supporting this 
legislation. Given the staggering number of overdose deaths associated 
with fentanyl-related substances, inaction is not an option.
                                 ______
                                 
      By Mr. KAINE (for himself and Ms. Murkowski):
  S. 3203. A bill to amend title 38, United States Code, to codify the 
requirements for appointment, qualifications, and pay for therapeutic 
medical physicists of the Department of Veterans Affairs, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. KAINE. Mr. President. Physicians at the Department of Veterans 
Affairs depend on Therapeutic Medical Physicists to help plan and 
deliver critical radiation treatment to patients. Inadequate support 
from these medical professionals can place veterans at risk for 
radiation injury or inappropriate treatment. As radiation therapy has 
become more sophisticated and more common over the past fifteen years, 
the Department has struggled to recruit and retain Therapeutic Medical 
Physicists. The average salary in the private sector for a PhD board 
certified Therapeutic Medical Physicists with ten to fourteen years of 
work experience is approximately $190,000, but current law limits 
salaries for these employees at the Department to $166,500, inhibiting 
the Department's ability to recruit qualified individuals to fill these 
positions.
  When faced with Therapeutic Medical Physicist shortages, the 
Department outsources this work to expensive contractors. Consequently, 
the Department substantially overspends on these services, which could 
be done more reliably in-house and at a much lower cost. Furthermore, 
contracts for TMP services are awarded for a short period, which 
results in frequent turnover that can be potentially dangerous from the 
perspective of quality care and patient safety.
  Today, I am pleased to introduce the Department of Veterans Affairs 
Therapeutic Medical Physicist Pay Cap Relief Act with my colleague 
Senator Murkowski. This legislation would improve the recruitment and 
retention of Therapeutic Medical Physicists by allowing the Department 
to pay these professionals at rates competitive with the private 
sector. This bill would also improve the quality of care for veterans 
by reducing the turnover of Therapeutic Medical Physicists, and lead to 
lower total costs for the Department by eliminating the use of 
expensive contractors. With these savings, the Department could raise 
salaries and hire more Therapeutic Medical Physicists.
  This commonsense, bipartisan legislation is an opportunity to invest 
in professionals who treat those who have sacrificed for our nation, 
and improve the standard of care we provide to our veterans. I look 
forward to working with my colleagues to swiftly implementing the 
provisions of the Department of Veterans Affairs Therapeutic Medical 
Physicist Pay Cap Relief Act.
  Thank you, Mr. President.

                          ____________________