[Congressional Record Volume 167, Number 73 (Wednesday, April 28, 2021)]
[Senate]
[Page S2278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                Fentanyl

  Mr. GRASSLEY. Madam President, I am 5 minutes late in coming to the 
Senate floor. I was supposed to be here on the fentanyl issue to 
support Senator Cotton. I know that an objection has been raised, but I 
want people to know how important I think this issue is.
  Today, we were considering--hopefully, by unanimous consent--passing 
a bill to permanently schedule fentanyl substances. Proactively 
scheduling fentanyl-related substances ought to be a big priority 
because too many Americans' lives have been lost to reject this 
critical measure.
  Some wrongly assert that controlling fentanyl analogs is partisan and 
unnecessary. That is simply untrue. Legislation to schedule fentanyl 
analogs is a bipartisan issue. Just last year, this body passed a 
bipartisan, 15-month extension bill unanimously. Also, such authority 
is necessary. The CDC estimates that fentanyl analogs have killed 
50,000 Americans in the last 12 months. We must prevent overdose 
deaths. Prevention is possible when we use our laws to force China to 
stop the flow of fentanyl analogs.
  Opponents of permanent scheduling assert that the authority is broad 
and could result in too many arrests, but since the Drug Enforcement 
Administration placed fentanyl analogs in schedule I, the Justice 
Department has convicted only 80 people under that authority. So too 
many people being arrested as an argument against their permanent 
extension is hogwash. This authority hasn't resulted in vast and wide 
prosecutions; rather, this authority has been targeted and deliberate, 
and, of course, that is the way it should be.
  So if controlling fentanyl analogs is, in fact, bipartisan and 
necessary, why isn't supporting legislation then a no-brainer? Perhaps 
because of heightened partisanship, the Democrats can't vote for 
legislation that helps law enforcement, or maybe they can't be seen as 
supporting any drug control law even if it could save thousands of 
lives. This position goes against the unfortunate truth that 50,000 
Americans have died from these deadly fentanyl analogs. Politics has no 
place above human life.
  As frustrated as I am by this, it is not my nature to throw in the 
towel. I will always work hard to find middle ground. That is why I am 
asking every Senator to support Senator Cotton's permanent extension 
or, at a minimum, my bill, the Temporary Extension of Fentanyl 
Scheduling Act. This bipartisan measure extends the authority to 
schedule fentanyl analogs for 14 months. It keeps fentanyl analogs in 
schedule I until July 2022, which is long enough for the administration 
to come to a permanent scheduling solution and allow for a deliberate 
and transparent dialogue with Congress.
  Simply put, we need to give ourselves enough time to find a solution 
to this major problem causing 50,000 lives to be lost every year. As 
history shows us, lengthy fentanyl scheduling legislation is not 
controversial. I am simply asking for a similar, bipartisan approach 
now. My bill is the only bipartisan temporary extension bill on the 
table.
  I am grateful for Senators Hassan and Shaheen for teaming up with me 
and Senator Cornyn.
  We can't limit ourselves in the fight against fentanyl. It is with 
this in mind that I urge all of my colleagues to support either a 
permanent extension or my bipartisan bill and to extend the authority 
to schedule fentanyl analogs for 14 months.
  I yield the floor.
  The PRESIDING OFFICER. The junior Senator from Florida