[Congressional Record Volume 167, Number 63 (Tuesday, April 13, 2021)]
[Senate]
[Pages S1889-S1890]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                            Opioid Epidemic

  Mr. President, I pose the following question to my fellow Senators, 
something I doubt there is much disagreement on, but time is moving on. 
We need to take some action shortly. So this question, if a deadly 
poison were killing thousands of Americans each year, what would you 
do? Would you work to find the solution to prevent these deaths, or 
would you choose to be complacent, reactive, and allow fellow citizens 
to die? If all levels of law enforcement were pleading for action to 
prevent future fatalities, would you heed their warning--the last 
question--or would you roll the dice with the lives that are on the 
line?
  I know I would seek to be very proactive. I am here today to call 
attention to the dire need for Congress to schedule fentanyl-related 
substances before it is too late.
  Without hyperbole or theatrics, such action could save the lives of 
thousands of Americans. Fentanyl is a synthetic opioid that is about 30 
times more potent than heroin.
  While dangerous and deadly, fentanyl also has some medically 
recognized qualities, often for pain management. However, fentanyl 
abuse has become more common and more dangerous in recent years because 
of the increase in fentanyl analogs. These analogs are chemically 
similar to fentanyl, but many are much more powerful and, of course, 
deadly.

  Much of the illicitly manufactured fentanyl that is responsible for 
American overdoses and the deaths connected with them has originated in 
China. Unfortunately, these deadly drugs are not permanently controlled 
in the United States. As such, fentanyl analogs aren't on the same 
footing as other dangerous drugs like heroin, LSD, ecstasy, or cocaine. 
The sad part is, the drug dealers know all of this. They can skirt the 
law by easily manipulating the structure of fentanyl so that it isn't 
technically covered by existing law. But that doesn't make it any less 
potent and dangerous. We all know the results are lethal. How lethal? 
Well, the Centers for Disease Control and Prevention states that more 
than 36,000 people died from overdoses involving synthetic opioids like 
fentanyl in 2019. Nearly 50,000 overdose deaths are projected for 2020.
  As is, the law can't keep up with the rapidly evolving drug trends 
when the chemists work on these drugs and change them just a little bit 
to get around the law. The Attorney General can outlaw new variations 
of a drug on an ad hoc basis, but do you know what? This process can 
take years. By the time an analog is added to the schedule, do you know 
what? The drug traffickers are already out with one or more other 
variations that don't violate that law. Simply put, the law can't keep 
up with the rapid pace of illicit drug producers and traffickers. This 
is particularly problematic for fentanyl analog enforcement.
  How can we address this seemingly endless cycle? How can we ensure 
that those suffering from substance use disorders aren't killed at the 
hands of greedy drug dealers? The answer is to stop fentanyl analogs 
from being available in the very first place. We must keep it out of 
our country and, hence, then being peddled by criminals.
  On February 6, 2018, the Drug Enforcement Administration published a 
temporary order that scheduled and placed all fentanyl-related 
substances in schedule I. Congress subsequently extended this authority 
until May 6 of this year, which is just around the corner. So we have 
23 days until this authority expires. Congress must act to extend this 
scheduling order. If we do not, we will face a surge of rapidly 
emerging fentanyl drugs, wherein the chemists and the criminals will be 
ahead of anything that the Justice Department does.
  The Justice Department then has made clear that this classwide 
scheduling order has made a big difference in Chinese fentanyl entering 
our country.

[[Page S1890]]

China has agreed to match U.S. policy targeting synthetic fentanyl, but 
if we lose the authority to rapidly detect and outlaw fentanyl analogs, 
we lose any footing that we have with the Chinese Government in 
preventing fentanyl from entering our country. This scheduling order 
saves lives because China reciprocates. China's motive in scheduling 
fentanyl analogs isn't necessarily altruistic; it is because the United 
States is doing it. So if we stop, China stops, and if that happens, 
fentanyl analogs will surely flood our communities.
  We can prevent this, so we must prevent it. With the ongoing increase 
in overdose deaths, we must continue to support efforts to curb 
fentanyl abuse. This means we must extend the classwide scheduling 
order that otherwise expires on May 6, 23 days away.
  Now this, I think--I am pretty sure--isn't a political or a partisan 
issue. Senators from both sides of the aisle support efforts to 
schedule fentanyl substances. Members of the Biden administration have 
also indicated that addressing fentanyl is urgent. In fact, during his 
confirmation hearing before the Senate Judiciary Committee, Attorney 
General Garland stated that the constantly evolving nature of fentanyl 
analogs is--and I want to quote the new Attorney General--``a problem 
both for detection as well as . . . enforcement'' and that he is ``in 
favor of doing something either by scheduling or legislation'' to 
proactively address the problem of fentanyl-related substances. 
Likewise, both law enforcement and substance abuse prevention groups 
believe Congress must act in scheduling fentanyl.
  It is up to Congress to pass legislation to extend the fentanyl 
scheduling order. So I urge all of my colleagues to join me and a lot 
of other Republicans and Democrats in the fight against fentanyl. In 
the midst of an opioid epidemic, a polydrug crisis, and a COVID-19 
pandemic, how can we allow for any additional death and destruction? 
The clock is ticking. We are closing in on the deadline of May 6.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CORNYN. Mr. President, I ask unanimous consent that all time be 
yielded back on both sides on the Sherman nomination.
  The PRESIDING OFFICER. Without objection, it is so ordered.