[Congressional Record Volume 166, Number 19 (Wednesday, January 29, 2020)]
[House]
[Pages H647-H653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEMPORARY REAUTHORIZATION AND STUDY OF THE EMERGENCY SCHEDULING OF
FENTANYL ANALOGUES ACT
Ms. KUSTER of New Hampshire. Mr. Speaker, I move to suspend the rules
and pass the bill (S. 3201) to extend the temporary scheduling order
for fentanyl-related substances, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New Hampshire (Ms. Kuster) and the gentleman from Oregon (Mr. Walden)
each will control 20 minutes.
The Chair recognizes the gentlewoman from New Hampshire.
General Leave
Ms. KUSTER of New Hampshire. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days in which to revise and
extend their remarks and include extraneous materials on S. 3201.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New Hampshire?
There was no objection.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, we, as a Congress, have worked over the past several
years to combat the opioid epidemic and support the millions of
Americans with a substance use disorder. That work includes bipartisan
passage of legislation like the 21st Century Cures Act, the
Comprehensive Addiction and Recovery Act, and the SUPPORT for Patients
and Communities Act.
In 2017 and 2018, we appropriated nearly $11 billion for a total of
57 Federal programs that fund efforts to curb this epidemic. These
programs span the continuum of care, including prevention, treatment,
and long-term recovery.
The funding also spans across agencies, directing investments toward
research, public health surveillance, and supply reduction efforts.
Most recently, in the fiscal year 2020 funding bill, we included over
$4 billion in public health dollars to help with prevention and
treatment.
In December, the House passed H.R. 3, the Elijah E. Cummings Lower
Drug Costs Now Act, which included an additional $10 billion in funding
to support public health efforts to combat the opioid epidemic.
On the Energy and Commerce Committee, we have had the chance to hear
directly from States that our work at the Federal level has helped save
lives. Last year, in my State of New Hampshire, a total of 284 deaths
were attributed to drug overdoses, of which 82 percent, 234 deaths,
involved the use of fentanyl. This is an alarming statistic and the
frightening reality of opioid addiction in our communities.
It is crucial that we understand the significance of synthetic
opioids. As we have seen in New Hampshire and around this country,
though the most
[[Page H648]]
recent data has indicated overdose deaths have plateaued, deaths from
synthetic opioids continue to rise.
This is primarily fueled by illicit fentanyl and substances
structurally related to fentanyl, which we commonly refer to as
fentanyl analogues. These drugs are often far more powerful. Fentanyl,
the most well-known of this class of drug, is approximately 50 times
more powerful than heroin and 100 times more powerful than morphine.
{time} 1230
Although it is used in legitimate medical settings, we have seen a
proliferation of illicitly produced fentanyl, fentanyl analogue, and
its precursor chemicals originating from China.
Because fentanyl is relatively easy to make and so potent, it is
tragically leading to large increases in overdose deaths. One kilogram
of fentanyl purchased in China for $3,000 to $5,000 can generate
upwards of $1.5 million in revenue on the illicit market here in the
United States. That is potentially enough to kill 500,000 Americans by
overdose.
We have all heard the terrible numbers that tell this story. In 2017,
there were over 47,000 opioid overdose deaths, and 28,000 of those
deaths involved synthetic opioids such as fentanyl in the United
States.
A more complicating factor is that we are now seeing fentanyl
increasingly mixed into other drugs like cocaine, methamphetamine, and
even counterfeit prescription drugs like oxycodone. This means that
many unsuspecting Americans are dying at the hands of fentanyl when
they didn't even realize they were taking it.
Mr. Speaker, the nature of our Nation's fentanyl problem is far more
complex than drug epidemics of the past. In addition to traditional
routes, users can purchase fentanyl analogues and fentanyl precursor
chemicals online on the internet. These purchases, which typically
include the most pure and potent fentanyl, are often packaged and
shipped through the United States Postal Service or consignment
carriers in small quantities, making detection a significant challenge.
These factors create a complex problem which requires a multifaceted
solution. Part of that solution is finding a way to support both public
health and public safety actions aimed at stemming the tide of overdose
deaths.
In February 2018, the Drug Enforcement Agency used its authority in
the Controlled Substances Act to temporarily place, for 2 years, all
illicit fentanyl-like substances in schedule I. With this authority
expiring in just 9 days, we must do more to understand the true impact
of this temporary scheduling order, including its impact on public
health, public safety, research, and Federal criminal prosecutions.
That is why, today, we are considering S. 3201, the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act. This bill, which passed unanimously out of the Senate,
would extend DEA's temporary order for 15 months, while also tasking
the Government Accountability Office with an evaluation of the
temporary order.
Placing a whole class of fentanyl-like substances into schedule I
does not come without implications for criminal justice and research.
The National Institute on Drug Abuse notes that obtaining or modifying
a schedule I registration involves significant administrative
challenges, and researchers report that obtaining a new registration
can take more than a year.
It is critical that our response balance the need for legitimate
research access that holds potential for improved treatments for pain
and addiction, while also prioritizing a more long-term solution to the
dangerous trafficking of fentanyl analogues.
This temporary emergency scheduling order also has international
implications. A year after the United States moved to schedule all
fentanyl-related substances, China finally announced that it would act
and do the same. This classwide control in China has slowed the rate of
new fentanyl analogue encounters in the illicit market.
An expiration in 9 days would also put the DEA back in the position
of playing whack-a-mole, scheduling fentanyl substances one by one
while clandestine criminal chemists in China work to stay one molecule
ahead of our efforts.
As founder and co-chair of the Bipartisan Opioid Task Force, I agree
with many of my colleagues that we cannot arrest our way out of this
epidemic, and that is why I have introduced the Humane Correctional
Healthcare Act. This legislation would repeal the Medicaid Inmate
Exclusion and allow justice-involved individuals to access quality
healthcare, including mental health treatment and substance misuse
services.
The complexity of the fentanyl crisis and creation of other synthetic
drugs demand a thoughtful, balanced approach that protects the public
health and public safety of all Americans.
This temporary extension, coupled with the GAO study, will give us
the time to work on a longer term solution and will also give us the
opportunity to better understand the full range of implications that
come with classwide scheduling of these substances.
I urge my colleagues to support this measure, and I reserve the
balance of my time.
House of Representatives,
committee on Ways and Means,
Washington, DC, January 29, 2020.
Hon. Frank Pallone,
Chairman, Energy and Commerce Committee,
Washington, DC.
Dear Chairman Pallone: In recognition of the desire to
expedite consideration of S. 3201, the Temporary
Reauthorization for the Study of Emergency Scheduling of
Fentanyl Analogues Act, the Committee on Ways and Means
agrees to waive formal consideration of the bill as to
provisions that fall within the rule X jurisdiction of the
Committee on Ways and Means.
The Committee on Ways and Means takes this action with the
mutual understanding that we do not waive any jurisdiction
over the subject matter contained in this or similar
legislation, and the Committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues
within our jurisdiction. The Committee also reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation.
Finally, I would appreciate your response to this letter
confirming this understanding, and would ask that a copy of
our exchange of letter on this matter be included in the
Congressional Record during floor consideration of S. 3201.
Sincerely,
Richard E. Neal,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, January 29, 2020.
Hon. Richard Neal,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Neal: Thank you for consulting with the
Committee on Energy and Commerce and agreeing to waive formal
consideration of S. 3201, the Temporary Reauthorization and
Study of the Emergency Scheduling of Fentanyl Analogues Act,
so that the bill may proceed expeditiously to the House
floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee or prejudice its jurisdictional prerogatives
on this measure or similar legislation in the future. I would
support your effort to seek appointment of an appropriate
number of conferees from your committee to any House-Senate
conference on this legislation.
I will ensure our letters on S. 3201 are entered into the
Congressional Record during floor consideration of the bill.
I appreciate your cooperation regarding this legislation and
look forward to continuing to work together as this measure
moves through the legislative process.
Sincerely,
Frank Pallone, Jr.,
Chairman.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of S. 3201, the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act. This is a commonsense, bipartisan extension of DEA's
temporary scheduling of fentanyl-related substances.
Mr. Speaker, fentanyl is 50 times more potent than heroin. Fentanyl
is 100 times more potent than morphine. There are also countless types
of fentanyl analogues which are similar in chemical structure to
fentanyl but can be even more potent.
In just a 1-year period, synthetic opioids like fentanyl claimed more
than 32,000 American lives. I am reminded of the story of Amanda Gray,
a beautiful young lady who was going to college, ended up being given
100 percent fentanyl, and died.
[[Page H649]]
These are evil things going on in our society and our culture, and
this legislation will help put a stop to it. To fight this epidemic,
the Drug Enforcement Administration was able to put in place this
powerful but temporary tool.
Previously, drug traffickers could create these new variations of
fentanyl by changing as little as a molecule--just one. Then these new
variations, or analogues, as they are known, were not any longer on the
schedule of controlled drugs.
So what does that mean? They were outside of the control of law
enforcement. They were legal.
Analogues allow drug traffickers in clandestine labs to use the legal
system and their chemistry knowledge to their advantage. By simply
tweaking the drug and calling it something else then, they can avoid
prosecution.
The creation of analogues has outpaced the DEA's ability to schedule
them, so the DEA used emergency authorities that we have given them to
temporarily place all previously unscheduled fentanyl analogues in
schedule I so the administration could combat all fentanyl-related
substances instead of just going after one substance at a time.
Since the instatement of the scheduling order, the DEA has
encountered over 20 fentanyl-related substances that would have been
perfectly legal but for this law.
Because of the number of possible variations to the fentanyl
molecule, there is the potential for these bad actors--these killers--
to create 3,000 analogues. There is no way the DEA could keep up one by
one. Many of these substances will be legal again if no action is
taken.
The DEA's ability to schedule all fentanyl substances expires next
week. That is why Congress must act, and it must act now.
This is what we were fighting about yesterday, as Republicans, to get
this bill on the floor. It shouldn't have come to the last minute, but
I am glad it is here. The Senate has passed this bill, unanimously,
some time ago, and S. 3201 is before us today.
Last Congress, we were able to put partisanship aside to pass the
SUPPORT Act, landmark legislation to combat the opioid crisis.
Synthetic opioids like fentanyl and its analogues continue to ravage
our communities and take lives, and I am pleased that, again, we put
partisanship aside today to extend this critical emergency scheduling
order. This way, law enforcement does not lose its important capability
to combat trafficking of fentanyl-related substances.
I urge my colleagues on both sides of the aisle to join me in support
of this important legislation and to preserve this tool for law
enforcement and those on the front lines of our communities fighting
this opioid crisis that is so deadly.
Mr. Speaker, I reserve the balance of my time.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Mr. Speaker, I thank the gentlewoman for yielding to
me.
I rise to agree with my colleagues that we are facing a crisis. The
number of overdoses and deaths related to fentanyl has skyrocketed over
the last few years; however, the emergency scheduling of fentanyl and
its analogues or any other substance as a schedule I drug has serious
criminal justice implications.
We should not forget our history and what happened to communities of
color during the failed war on drugs. We can't forget that classifying
a substance as a schedule I drug comes with harsh mandatory minimum
sentences that even the lowest quantity can trigger.
We cannot forget that over 60 percent of people federally charged for
drug possession and over 95 percent of people charged with drug
trafficking receive a prison sentence. We should not forget that over
78 percent of people charged with a fentanyl trafficking offense are
people of color.
We must work together to prioritize a public health solution, not
just a criminal justice one, to the fentanyl epidemic. We must remember
that a criminal justice approach disproportionately impacts people of
color and does not necessarily reduce the crime.
I look forward to working with my colleagues to address the problems
that this bill possibly could create.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield myself such time as
I may consume.
I thank the gentlewoman for those comments, and I echo the need to
address mandatory minimum sentencing and comprehensive criminal justice
reform.
The opioid epidemic is not a problem that we can jail our way out of,
and it is imperative that we work together to fix our broken criminal
justice system that unjustly incarcerates Black and brown Americans at
alarming rates.
I agree that we cannot repeat the mistakes of the past in responding
to drug epidemics, but the dramatic increases in fentanyl-related
deaths require us to act. Ensuring that the DEA has the authority to
ban new synthetic analogues, most of which are being manufactured by
criminal chemists in China, is important to curb the influx of
fentanyl.
I believe that a critical component of criminal justice reform is
improving health access and coverage for incarcerated individuals, many
of whom suffer from substance misuse disorder and mental health issues
with a co-occurring mental health disorder.
I have introduced bipartisan legislation, the Humane Correctional
Health Care Act, which aims to break the cycle of reincarceration and
recidivism by repealing the Medicaid Inmate Exclusion, which blocks
access to care. Healthcare is a fundamental human right that should
never be stripped from any person for any reason.
The legislation that we are voting on today will give lawmakers
additional time to craft a long-term plan for fentanyl while also
considering comprehensive criminal justice reform, and I welcome the
opportunity to work with the gentlewoman on this critically important
issue.
Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Burgess), the ranking member of the Health Subcommittee.
Mr. BURGESS. Mr. Speaker, I thank the gentleman for yielding.
I am going speak in support of S. 3201, the Temporary Reauthorization
and Study of the Emergency Scheduling of Fentanyl Analogues Act. It is
a critical reauthorization. It is imperative to maintaining our
Nation's efforts to fix the opioid epidemic.
In February of 2018, the Drug Enforcement Administration used its
authority--not legislative authority, but administrative authority--to
place nonscheduled fentanyl-like substances temporarily into schedule I
for a period of 2 years. We are now up against that deadline, and it is
important that we do not let this authorization lapse, as fentanyl and
its analogues are still an imminent threat to Americans.
{time} 1245
The Drug Enforcement Administration testified before the Senate
Judiciary Committee in June 2019 that: The positive impacts in the 15
months since this administrative scheduling change were significant.
Prior to this action, DEA observed a rapid and continuing emergence of
new fentanyl-like substances each time it scheduled a fentanyl-like
substance into schedule I.
We really cannot return to that reality. Let me speak a little bit
about what that reality is. Someone who is buying what they think is
their standard fentanyl product from an illicit Chinese chemist and now
buys a fentanyl analogue because it may not be illegal, those
additional molecules change the potency of fentanyl so that some of
these analogues are significantly more potent than the base molecule.
In a country that has suffered with an unprecedented number of drug
overdose deaths, that is a significant issue.
This Friday marks the anniversary of the United States Customs and
Border Protection seizure of a record volume of fentanyl and
methamphetamine worth almost $4.5 million at the border. These drugs
were on their way to our American communities. They were on their way
to hurt Americans.
You know, it is not lost on me the irony that the USMCA was signed
today, a bill that could have been signed many, many months ago. Now we
are doing this bill as a hurry-up, as
[[Page H650]]
a suspension. It could have been done many months ago. Congress has
been distracted with other activities, and that is incorrect.
Mr. Speaker, this is an important bill, and I urge its passage.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield 3 minutes to the
gentleman from Virginia (Mr. Scott).
Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentlewoman for
yielding. I appreciate her previous remarks, but I still have concerns
about this bill because it is another so-called tough-on-crime bill
that fails to address the true causes of the opioid crisis and will
result in more incarceration of more drug users and street-level
sellers.
Furthermore, there is nothing in the bill that targets the
laboratories outside of the United States that are responsible for
flooding our communities with fentanyl and fentanyl analogues.
Mr. Speaker, since President Nixon declared a war on drugs nearly 50
years ago, laws that ignore evidence and research in favor of harsh
penalties and more mandatory minimums have succeeded in placing the
United States as number one in the world in incarceration.
Mass incarceration has gotten so bad that some studies have shown
that it actually adds to crime rather than reducing crime. For example,
too many children are being raised by parents in prison, and too many
people have felony records who can't find jobs because they are victims
of bills like this.
Mr. Speaker, I have three main concerns regarding this legislation.
First, the bill abandons evidence and expertise in exchange for
expediency. We have a process that works well for designating
controlled substances under the Controlled Substances Act. This bill
changes that process and allows DOJ to ignore the experts at the
Department of Health and Human Services and the Federal Drug
Administration.
Classwide scheduling would give the Drug Enforcement Administration
the ability to classify any new alternative chemical version of
fentanyl as a schedule I drug. That would encompass hundreds and
possibly thousands of chemical compounds.
This bill also stifles research that could produce some of the best
weapons against the opioid crisis. For example, lifesaving overdose
treatments like Narcan could not have been developed under classwide
scheduling because such scheduling creates enormous barriers for
chemists studying opioid addiction by actually limiting access to the
entire class of chemical compounds.
Second, the bill will add to mass incarceration. This bill will allow
prosecution of street-level criminals, like we had in the 1980s and
1990s. And the bill will trigger the same mandatory minimums that have
contributed to mass incarceration.
Possessing an analogue substance in a quantity equivalent to the
weight of one paperclip would be enough to trigger a mandatory minimum
of at least 5 years. A person does not even have to know the drug they
are selling on the street or sharing with a friend contains that
analogue substance. Classwide scheduling even allows prosecutors to
seek longer sentences without a mens rea requirement.
Third, this bill includes unnecessary legislation. The Department of
Justice already prosecutes cases involving drug analogues under
existing law.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield an additional 30
seconds to the gentleman.
Mr. SCOTT of Virginia. Mr. Speaker, the Federal Analogue Act allows
prosecutors to prove that a substance is chemically similar to fentanyl
and has the same psychoactive effects. The Federal Analogue Act
protects due process rights and is an important check on
overcriminalization.
Let's not enact another law that sends more people to prison while
ignoring the root causes of the present crisis, which is substance
abuse and which should be dealt with as a public health problem.
That is the approach we should take, and we can take that approach by
rejecting this bill.
Mr. WALDEN. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Joyce).
Mr. JOYCE of Pennsylvania. Mr. Speaker, I thank the gentleman from
Oregon (Mr. Walden) for yielding and for his support for prompt
consideration of this bill today.
Mr. Speaker, I rise today in strong support of S. 3201, the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act.
In just a few short days, the DEA temporary ban of deadly fentanyl
will expire. While I am relieved that the House will vote on this
extension of the fentanyl ban today, I remain deeply troubled that this
lifesaving bill was delayed by the political distractions.
Mr. Speaker, in both your and my districts, we have seen the
devastation of fentanyl and fentanyl analogues. As a doctor, I have
witnessed this drug crisis firsthand. Substance abuse and addiction
have devastated individuals in my district of Pennsylvania and in every
one of my colleagues' districts across America.
Fentanyl and its analogues are uniquely dangerous and deadly and have
caused way too many overdose deaths from opioids in the last 2 years.
We must act to protect the people that we represent from these deadly
substances.
Mr. Speaker, just a few days ago, you and I heard from ONDCP Director
James Carroll about the importance of passing this specific piece of
legislation.
It is shameful that we waited until now to act on this lifesaving
legislation.
Mr. Speaker, I urge all of my colleagues on both sides of the aisle
to renew this ban immediately. We cannot afford to wait.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield 3 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman for yielding.
Let me express my appreciation to Representative Kuster for her
unending fight on this terrible scourge of drug addiction and death
across the Nation. I look forward to working with her on her the Humane
Correctional Health Care Act, H.R. 4141, as well as the Judiciary
Committee taking this up in the near future to begin to address some of
the wide scope issues that have to be addressed.
I am reminded of the tenure here in the United States Congress, where
the impact of the arrest of addicted persons to crack and cocaine
resulted in mass incarceration and upward of 2 million people
incarcerated in this Nation, higher than any nation around the world.
I am reminded of the 2010 enactment of legislation that I wrote and
passed, along with my colleagues, that set to reduce, through the Fair
Sentencing Act, the unjust disparity between crack and cocaine from
100-to-1 to 18-to-1.
President Obama granted clemency to almost 2,000 individuals serving
lengthy sentences for drug offenses during his administration.
Now, I realize in my own community in Houston, Texas, there have been
149 deaths documented by the Harris County Institute of Forensic
Sciences in 2017, up from 79 in 2015. I also realize that, according to
the drug policy guidelines, accidental drug overdose is the leading
cause of death in the United States for those under 50.
With that in mind, wouldn't it have been preferable, even with the
legislation that is included that does, in fact, have a study that
would include the civil rights and criminal justice community's input?
I believe that input should have been in the forefront because here is
the singular problem I want to emphasize: Classwide scheduling would
facilitate broader prosecutions with harsher penalties and fewer
constitutional due process protections, according to Mr. Kevin Butler,
who appeared before the Judiciary Committee yesterday.
The Department has indicated that it will use classwide scheduling to
pursue severe mandatory minimums for anyone trafficking in an undefined
and potentially limitless set of substances without having to prove
those substances are or were intended to harm the human body.
Now, we know what the analogues will do. Here is our point: Our point
is when I asked the Justice Department about who they would prosecute,
they did indicate that they would not be prosecuting addicted persons.
But
[[Page H651]]
there are low-level traffickers. There are people who are addicted who
are trafficking. So all you are going to do is to build up, again, the
residency of the Nation's jails. That burden will fall heavily on
African Americans and Latinos and other vulnerable people.
I want the scourge to end. I want the DEA to be able to work within
the confines of the law. I want to work with the Congresswoman in her
hard work, but what I will say is that this bill needs to expire as
soon as possible.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield an additional 30
seconds to the gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, we need to move swiftly, as this bill
may be passed today, in order to avoid expiration, so that we can work
collectively together for what parents of the addicted and others want:
treatment services, wraparound services.
We must be able to say that we are not going to take the average guy
on the street with a dime or a dollar, trying to survive by selling it
and adding that person to the prison population, and not trying to save
lives.
Let's save lives with treatment. Let's save lives by getting rid of
the cartels and the large sellers. But let's not build up our mass
incarceration again.
Mr. Speaker, this is a very important hearing as we in the Congress
continue to deal with the opioid crisis as a nation. According to the
Drug Policy Alliance, ``accidental drug overdose is currently the
leading cause of death in the United States for those under 50. Drug
overdose deaths now exceed those attributable to firearms, car
accidents, homicides, or HIV/AIDS. More Americans died from a drug
overdose in 2017 alone than died in the entire Vietnam War.
Mr. Speaker, I strongly believe that we need to reduce drug overdose
deaths by promoting sensible, evidence-based solutions at the federal
level. The Houston region also saw an uptick in opioid overdose deaths
during the last few years, according to data from the Harris County
Institute of Forensic Sciences. There were 149 deaths documented by the
office in 2017, up from the 79 recorded in 2015.
Nearly 64,000 people died of a drug overdose in 2016, a staggering 22
percent increase from the year prior.
Nearly two-thirds of 2016 deaths (66 percent) involved a prescription
or illicit opioid.
Recent increases in death are driven by synthetic opioids like
fentanyl--deaths from synthetic opioids more than doubled from 2015 to
2016 alone.
Overdose deaths are increasing across racial groups, but non-Hispanic
whites have the highest rates of death.
It is important that we have a hearing to discuss whether or not the
lethal opioid Fentanyl and its analogues to extend the temporary order
to place it as a Schedule I drug. Factors such as poverty, lack of
economic opportunity, and limited access to a social safety net meant
that there was ready demand for those opioids. Once people become
addicted, we have little infrastructure in place to ensure they receive
the education, care, and treatment they need to prevent fatal
overdoses.
The Drug Policy Alliance states that, ``Many states are reporting
sharp increases in fentanyl-related overdose deaths. Fentanyl overdoses
occur in seconds to minutes, often with the needle still inserted. Most
users do not appear to be seeking fentanyl and are not aware that their
illicit drugs may contain fentanyl. The heroin (particularly white
powder heroin), methamphetamine, and cocaine supply is all at risk for
fentanyl adulteration. There have also been cases of counterfeit Xanax
and Oxycodone tablets that contain fentanyl. ``Most of the fentanyl on
the black market is not from the medical supply; it is produced
illegally. Though some fentanyl enters U.S. markets directly via the
dark web, most fentanyl is being added to the drug supply before it
enters the U.S., so domestic sellers may not know their drug products
are contaminated with fentanyl. There are public health and harm
reduction responses to fentanyl that are effective in reducing overdose
deaths.''
I am interested in learning more as to whether extending Fentanyl as
a Schedule I drug or even making it permanent as a Schedule I drug will
increase penalties for fentanyl, that will simply end up increasing
penalties for heroin and contribute to more incarceration. Lastly, I
think we should all be concerned about the long-term effects of
extending the temporary scheduling order would have on communities of
color as well as low income communities in both urban and rural
America.
Mr. Speaker, I thank the gentlewoman for yielding. I look forward to
working with her, and I look forward to getting a better bill in the
future.
Ms. KUSTER of New Hampshire. Mr. Speaker, I thank the gentlewoman for
her comments, and I look forward to our work together going forward.
Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Walberg), a very important member of the Energy and
Commerce Committee.
Mr. WALBERG. Mr. Speaker, I thank Mr. Walden, my friend, for
yielding.
Mr. Speaker, I rise today in support of S. 3201.
Opioids, heroin, fentanyl, and fentanyl-like substances have ravaged
the communities of all of us, like mine, across this Nation. Synthetic
opioids have claimed the lives of tens of thousands of Americans last
year, and I have heard firsthand some of those devastating stories from
friends, neighbors, and constituents in my district.
The DEA has been able to combat this part of the epidemic by changing
the scheduling so that the administration could combat all fentanyl-
related substances.
Passing S. 3201 will allow law enforcement the leeway to properly
combat these fentanyl-like substances.
My support of this measure is strong, but I am admittedly frustrated.
We need to make this scheduling classification permanent. We cannot let
expiration dates approach while political games that we have seen for
months and months now take the spotlight and consume precious
legislative time that could have indeed helped to deal with some of the
concerns my friends on the other side of the aisle expressed about
minimum mandatories and criminal justice reform.
We have come dangerously close to the expiration of the temporary
order making fentanyl-related substances schedule I.
Mr. Speaker, I urge my colleagues to support S. 3201, but I also
encourage immediate action to be taken to make these changes permanent
and to stop using political games to stand in the way of doing things
like this. Pass this legislation today.
{time} 1300
Ms. KUSTER of New Hampshire. Mr. Speaker, we do not have any more
speakers, and I am prepared to close if my Republican colleagues don't
have any more speakers.
Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN. Mr. Speaker, we have several more people who would like
to speak on this.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr.
Carter), the lone pharmacist in the U.S. House of Representatives.
Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today to speak in support of S. 3201 to extend
the emergency scheduling of fentanyl and its analogues.
Fentanyl is a synthetic, which means man-made, opioid. It is 50 times
more potent than heroin, and 100 times more potent than morphine.
And while fentanyl is a schedule II drug, traffickers have been able
to make small changes to the drug as a way around DEA enforcement.
These fentanyl-like substances can be just as dangerous, if not more
deadly, than traditional opioids. And the pain they have caused
communities across the country is immeasurable.
To combat these drugs, DEA used its authority to temporarily ban
these products, but that extension expires next week. The fact that we
are just now addressing this issue with 1 week to go, has been flirting
with disaster. That is why I am so thankful that we are here passing
this bill to protect our communities from deadly fentanyl products.
This administration has put fighting back against the opioid crisis
front and center from day one. And in the past several years under
Republican leadership, the House passed a series of comprehensive,
bipartisan legislative packages to help American communities combat
addiction.
We must all keep up that fight. I urge my colleagues to support this
bill.
Mr. WALDEN. Mr. Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Sensenbrenner), the former chairman of the Judiciary
Committee and the Science, Space, and Technology Committee.
Mr. SENSENBRENNER. Mr. Speaker, I rise today in support of S. 3201.
[[Page H652]]
Without this 15-month extension, dangerous fentanyl analogues will fall
through a legal loophole in just 8 days. If there ever was a must-pass
bill, this it is.
Importantly though, the scourge of fentanyl analogues needs to be
addressed permanently. Drug traffickers are increasingly savvy and
sophisticated; they can alter the chemical composition of these drugs,
creating analogues that don't fall under the drug-scheduling protocol.
DEA has taken emergency steps to combat these analogues which we will
temporarily extend today, but we owe it to our constituents to
permanently schedule these drugs. This is about saving lives.
I have legislation, the Stopping Overdoses of Fentanyl Analogues Act,
or SOFA, to place these drugs on schedule I and to give the DEA the
authority to combat new analogues that arise.
We need to pass SOFA to protect our communities, and we need to pass
SOFA to save lives.
I want to highlight how dangerous these substances are. One teaspoon
of fentanyl is enough to kill 2,000 people. This lethality puts
fentanyl and its analogues in a class with chemical warfare agents like
VX nerve gas and ricin.
Scheduling fentanyl analogues is a matter of life or death. We must
choose life. The attorneys general of all 50 States and the Attorney
General of the United States have all called for the passage of SOFA
and the permanent scheduling of fentanyl analogues.
I urge my colleagues to do our part to protect the American people to
save lives. Pass this bill, and then let's pass SOFA.
Mr. WALDEN. Mr. Speaker, we have one more speaker who is making her
way here, and so I reserve the balance of my time.
Ms. KUSTER of New Hampshire. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I just want to say that I appreciate my colleagues who
have come to the floor to speak on this bill. I think everyone knows
that this is a very personal issue for me, not just because of my own
constituents, but because of my own family, and I appreciate the
bipartisan support for this bill.
I do want to work with my colleagues in the Judiciary Committee and
in the Congressional Black Caucus and others on reform of sentencing
guidelines. I think we can make that kind of progress during the 15
months, and I hope that I will get bipartisan support for my
legislation which would bring treatment for mental health issues and
substance use disorder into the justice-served population, because my
view is that we have created a system that is not functional and not
serving the purposes of the American people or the American taxpayers.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank my colleague and friend from New
Hampshire for her leadership on this and her deep caring about it. It
is something we all share. We all have our stories, both personal and
throughout our districts, that we have heard over the years about the
tragedy of addiction.
When we worked on the opioid legislation the last Congress when I
chaired the Energy and Commerce Committee, we heard from so many
Members who came and made their case when we had Member Day from then-
Democratic Leader Pelosi to everybody--right, left, center--and we took
all of those ideas and did what this body does best: We converted them
into legislation. We had over 50 bills and it became one in the SUPPORT
Act which is now law.
We also continued our investigation through the end of 2018 looking
at how this abuse got out of control from the prescribers, from the
distributors, from the illegal traffickers, every bit of that, and I
hope before this Congress is over, we go back, look at the
recommendations from that report, and see what else we need to do.
There were Member ideas that did not make it all the way through the
process last time that we should be focused on. Obviously, there is
certainly interest in criminal justice reform, and I dare say--and I
will be careful how I say this--but perhaps the Judiciary Committee
could have used some of its time differently earlier in this Congress
to address these pressing issues as opposed to some of the matters it
decided to focus on.
We have more work to do in this space to get treatment, to get
justice, and to stop these purveyors of death.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Washington
(Mrs. Rodgers), a very important member of our Energy and Commerce
Committee
Mrs. RODGERS of Washington. Mr. Speaker, I thank the gentleman for
yielding. I appreciate his extraordinary leadership for us on the
Energy and Commerce Committee.
Across America, drug abuse and addiction are leading to broken lives,
broken families, and broken systems. It is leaving our communities
trapped in a cycle of hopelessness and deaths of despair. People need
help. People need hope.
I have heard these stories myself in eastern Washington. Last year,
the SUPPORT Act marked the most comprehensive action we have taken on a
single drug crisis, but the fight is not over.
In 2017, there were tens of thousands of drug overdose deaths. The
sharpest increase occurred because of fentanyl from China. Fentanyl is
50 times more potent than heroin. Just a few milligrams that can fit on
Lincoln's ear on a penny, are lethal.
Chinese chemical companies are the largest, single source of this. To
crack down on China, the Drug Enforcement Administration created a
temporary scheduling system for fentanyl. Previously, drug traffickers
could slightly change the molecules in the drug so the formula was not
considered prohibited. With this scheduling tool, the DEA changed the
scheduling temporarily in order to combat all fentanyl-related
substances.
This legislation would extend this emergency declaration through May
2021, and it will give law enforcement the tools they need to keep us
safe.
We must keep fentanyl off our streets to save lives and to win the
future. That means cracking down on Chinese fentanyl and stopping these
deaths of despair which are not only threatening families, they are
threatening America's leadership and prosperity.
Mr. Speaker, I urge support of this legislation.
Mr. WALDEN. Mr. Speaker, how much time does each side have remaining?
The SPEAKER pro tempore. The gentleman from Oregon has 3\3/4\ minutes
remaining. The time of the gentlewoman from New Hampshire has expired.
Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is one of those rare moments of bipartisanship on
the floor. This is a killer issue in every respect. I am pleased we are
finally getting this signed through this process and down to the
President to be signed after the vote today, which I assume will go
well.
There is much more work to be done in this space to help those who
suffer from substance use disorder and help those in our communities
who are confronted with mental health disease and no place to get
assistance or the proper assistance.
It is true that our jails and our prisons are often where we house
people with mental health disorders because we have no other place, and
that is not the right course for treatment.
Today, we take a big and important step to try and stop these illegal
and deadly analogues of fentanyl. We have all heard how potent they are
and how deadly they are. It gets mixed in with the heroin and people
take it, and that is why we see the circles of death in our communities
when it is too strong for the human body to take.
Today, is an important day, Mr. Speaker. I wish it had been done much
sooner so there wasn't this sort of craziness in the end: Are we going
to get this done? Is it going to expire? It doesn't have to be that
way, and obviously, there are more issues to be taken up.
Mr. Speaker, I urge my colleagues to support. S. 3201, and I yield
back the balance of my time.
Mr. PALLONE. Mr. Speaker, we as a Congress have worked over the past
several years to combat the opioid epidemic and support the millions of
Americans with a substance use disorder. That work includes bipartisan
efforts to pass legislation like the 21st Century Cures Act, the
Comprehensive Addiction and Recovery Act (CARA), and the SUPPORT for
Patients and Communities Act.
[[Page H653]]
Just last month, in the Fiscal Year 2020 funding bill, we supported a
public health response to this epidemic with over $4 billion to help
with Federal substance abuse treatment and prevention efforts. Also
last month, the House passed H.R. 3, the Elijah E. Cummings Lower Drug
Costs Now Act, which included an additional $10 billion in funding to
support public health efforts at the Department of Health and Human
Services to combat the opioid epidemic.
Earlier this month, the Energy and Commerce Committee had a chance to
hear directly from States on how our federal support through these
legislative actions has helped save lives. Although we've witnessed an
improvement in the number of year-to-year overdose deaths, the
availability of synthetic opioids like fentanyl is hindering the
progress we've made.
Fentanyl is a deadly synthetic drug that is 50 times more powerful
than heroin, and 100 times more powerful than morphine. Although it is
used in medical settings, we have seen a proliferation of illicitly
produced fentanyl, fentanyl analogues, and its precursor chemicals
originating from China. Because fentanyl is relatively easy to make and
so potent, it is tragically leading to large increases in overdose
deaths.
We have all heard the terrible numbers that tell this story. In 2017,
there were over 47,000 opioid overdose deaths--and 28,000 of those
deaths involved synthetic opioids such as fentanyl. My home State of
New Jersey, for example, has seen a tenfold increase in deaths
involving fentanyl in the last several years.
A more complicating factor is that we are now seeing fentanyl
increasingly mixed into other drugs like cocaine, methamphetamine, and
even counterfeit prescription drugs like oxycodone. This means that
many unsuspecting people are dying at the hands of fentanyl when they
didn't even realize they were taking it.
Mr. Speaker, the nature of our Nation's fentanyl problem is more
complex than drug epidemics of the past. In addition to traditional
routes, users can purchase fentanyl analogues and fentanyl precursor
chemicals online. These purchases, which typically include the most
pure and potent fentanyl, are often packaged and shipped through the
United States postal system or consignment carriers in small
quantities, making detection a significant challenge. All these factors
combined make for complex problem, and requires a multifaceted
solution. Part of that solution is finding a way to support both public
health and public safety actions aimed at stemming the tide of overdose
deaths.
In February 2018, the Drug Enforcement Agency (DEA) used its
authority in the Controlled Substances Act to temporarily place for two
years all illicit fentanyl-like substances in Schedule I. With this
authority expiring next month, we must do more to understand the true
impact of this temporary scheduling order, including its impact on
public safety, public health, research, and federal criminal
prosecutions.
That is why today we are considering S. 3201, the ``Temporary
Reauthorization and Study of Emergency Scheduling of Fentanyl Analogues
Act.'' The Senate bill would extend DEA's temporary order for 15 months
while also tasking the Government Accountability Office (GAO) with an
evaluation of the temporary order.
Placing a whole class of fentanyl-like substances into Schedule I
does not come without implications for criminal justice and research.
The National Institute on Drug Abuse within the National Institutes of
Health, notes that ``obtaining or modifying a Schedule I registration
involved significant administrative challenges, and researchers report
that obtaining a new registration can take more than a year.'' It is
critical that our response balance the need for legitimate research
access that holds potential for improved treatments for pain and
addiction, while also putting in place a more long-term solution to the
dangerous trafficking of fentanyl analogues.
This temporary emergency scheduling order also has international
implications. A year after the United States moved to schedule all
fentanyl-related substances, China announced it would act and do the
same. This class-wide control in China has slowed the rate of new
fentanyl analogue encounters in the illicit market. An expiration would
also put the DEA back in the position of playing whack a mole, and
taking action to schedule fentanyl substances one by one while illicit
traffickers continue to evade scheduling and find new ways to flood our
markets with deadly synthetic substances.
I agree with many of my colleagues that we cannot arrest our way out
of this epidemic. The complexity of the fentanyl crisis, and creation
of other synthetic drugs, demands a thoughtful, balanced approach that
protects the public health and public safety of all Americans. This
temporary extension, coupled with GAO's study, will give the committees
of jurisdiction time to work on a longer-term solution. It will also
give us the opportunity to solicit feedback to help us to better
understand the full range of implications that come with class-wide
scheduling of these substances.
Ms. BLUNT ROCHESTER. Mr. Speaker, every 22 hours, a Delaware family
loses a loved one to an overdose. Unfortunately, that figure may
increase due to the proliferation of synthetic opioids like fentanyl.
Fentanyl has made this national public health emergency increasingly
deadly and increasingly difficult to address. My home state of Delaware
continues to see an unacceptably high loss of life due to the
increasing prevalence of synthetic opioids like fentanyl and despite
the work Congress has done to address this crisis. With the passage of
the bipartisan SUPPORT Act, we took significant steps forward to truly
address the opioid epidemic. But it is clear that we must do more.
We need a comprehensive response to combat the opioid epidemic and
the proliferation of fentanyl. I call on my colleagues to provide the
funding needed to effectively treat substance use disorder, funding I
proudly champion as a supporter of the Respond NOW Act, which would
provide $5 billion dollars a year to treatment services. And I hope to
work with my colleagues in the near future to advocate for the kind of
policies we need to effectively respond to fentanyl and finally bring
the relief our communities deserve.
We cannot arrest our way out of this crisis and this bill gives me
serious concern. Sadly, our criminal justice system is not able to
solve this problem. Too often the proposed solution has been to take
away judicial discretion in favor of mandatory minimums,
disproportionately affecting the poor and people of color. Worse, this
drive to incarcerate coupled with the lack of effective treatment for
substance use disorder behind the walls of our correctional
institutions threatens to make a national crisis into a national
disaster. While controlling the flow of illicit fentanyl can help
mitigate this crisis, it can only do so temporarily. And that is why I
support S. 3201 today because while it is far from perfect, we need to
try and curb the increase of addiction and death by fentanyl because
too often, these tragic deaths disproportionately impact people of
color. This bill will only extend the DEA's scheduling order for 15
months and require an important study to give us the information we
need to truly solve this calamity. It will give us time to create the
long-term solution the country needs.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New Hampshire (Ms. Kuster) that the House suspend the
rules and pass the bill, S. 3201.
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. WALDEN. 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, further
proceedings on this motion will be postponed.
____________________