[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.
____________________