[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.

                          ____________________