Congressional Record, H.R. 2630 Fentanyl Analogues Scheduling Extension — House, April 21, 2021
Summary
A page of the Congressional Record, House, dated April 21, 2021, at page H2025, carrying House debate on the Extending Temporary Emergency Scheduling of Fentanyl Analogues Act. Mr. Pallone moves to suspend the rules and pass H.R. 2630, which would extend a temporary order for fentanyl-related substances, and the text of the bill is printed. Mr. Pallone says 88,000 overdose deaths were reported from August 2019 to August 2020, the highest ever recorded in 12 months, and that an extension would give agencies time to present a long-term solution. Mrs. Rodgers of Washington says she is disappointed that the House is kicking the can down the road on a short-term extension.
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“Congressional Record, H.R. 2630 Fentanyl Analogues Scheduling Extension — House, April 21, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-04-21-crec-2021-04-21-pt1-pgh2025-2-ecc437f7a9/
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April 21, 2021 CONGRESSIONAL RECORD — HOUSE H2025
Mr. ISSA. Madam Speaker, on that I There was no objection. stances as schedule I substances under
demand the yeas and nays. Mr. PALLONE. Madam Speaker, I the Controlled Substances Act.
The SPEAKER pro tempore. Pursu- yield myself such time as I may con- Ensuring fentanyl-related substances
ant to section 3(s) of House Resolution sume. remain scheduled will maintain an im-
8, the yeas and nays are ordered. Madam Speaker, I rise to seek sup- portant deterrent to traffickers, manu-
Pursuant to clause 8 of rule XX, fur- port for the Extending Temporary facturers, and those distributing this
ther proceedings on this question are Emergency Scheduling of Fentanyl substance.
postponed. Analogues Act. During an Energy and Commerce
f As we continue to combat the Committee hearing last week, the
COVID–19 pandemic, we are also facing White House Office of National Drug
ANNOUNCEMENT BY THE SPEAKER
a tragic, growing trend of overdose Control Policy’s Acting Director Re-
PRO TEMPORE
deaths across this country. gina LaBelle testified on the impor-
The SPEAKER pro tempore. Pursu- We have lost nearly 1 million Ameri- tance of this extension. Acting Direc-
ant to clause 8 of rule XX, the Chair cans since the beginning of the Na- tor LaBelle highlighted ongoing discus-
will postpone further proceedings tion’s drug epidemic. These Americans sions with the Department of Health
today on motions to suspend the rules are sons, daughters, mothers, fathers, and Human Services, the Department
on which the yeas and nays are or- neighbors, coworkers, and members of of Justice, and the Drug Enforcement
dered. our communities. Now, data tells us Administration. She testified that an
The House will resume proceedings that the COVID–19 pandemic, increased extension of this temporary authority
on postponed questions at a later time. isolation, and related economic hard- would allow executive branch agencies
f ships over the past year may be ham- time to convene and present a long-
EXTENDING TEMPORARY EMER- pering efforts to turn the tide. term solution to this ever-changing
GENCY SCHEDULING OF Last week, Madam Speaker, the Cen- drug environment that balances the
FENTANYL ANALOGUES ACT ters for Disease Control and Prevention risk of illicit fentanyl with the need to
Mr. PALLONE. Madam Speaker, I released its most recent data finding ensure appropriate enforcement.
move to suspend the rules and pass the that, from August 2019 to August 2020, The Biden administration is taking
bill (H.R. 2630) to amend the Tem- there were 88,000 overdose deaths re- this drug epidemic seriously and has
porary Reauthorization and Study of ported. That is the highest ever re- delivered a thoughtful, thorough set of
the Emergency Scheduling of Fentanyl corded in a 12-month period. drug policy priorities. I ask my col-
Analogues Act to extend until Sep- This most recent data represents a leagues to join me in giving these agen-
tember 2021, a temporary order for worsening crisis driven primarily by cy experts time to produce a thought-
fentanyl-related substances, as amend- synthetic opioids, such as illicitly ful, thorough solution to this scourge
ed. manufactured fentanyl. This drug is 50 of overdose deaths.
The Clerk read the title of the bill. times more potent than heroin and 100 Madam Speaker, I urge my col-
The text of the bill is as follows: times more potent than morphine. Al- leagues to support this measure, and I
H.R. 2630 though fentanyl itself is often used for reserve the balance of my time.
Be it enacted by the Senate and House of Rep- medical purposes, use of illicitly manu- Mrs. RODGERS of Washington.
resentatives of the United States of America in factured fentanyl has increased in re- Madam Speaker, I yield myself such
Congress assembled, cent years, including co-use with co- time as I may consume.
SECTION 1. SHORT TITLE. caine and methamphetamines. As little I am disappointed that we are kick-
This Act may be cited as the ‘‘Extending as 2 milligrams can cause a lethal over- ing the can down the road on a short-
Temporary Emergency Scheduling of dose. term extension of DEA’s emergency
Fentanyl Analogues Act’’. Congress has recognized this unprece- scheduling order to keep dangerous
SEC. 2. EXTENSION OF TEMPORARY ORDER FOR
FENTANYL-RELATED SUBSTANCES. dented threat and acted in strong bi- fentanyl analogues in schedule I.
Effective as if included in the enactment of partisan fashion to combat it with re- While I will vote in favor of this bill
the Temporary Reauthorization and Study of sources to communities around the today because allowing this lifesaving
the Emergency Scheduling of Fentanyl Ana- country. We passed major pieces of leg- order to expire is unacceptable, this
logues Act (Public Law 116–114), section 2 of islation like the Comprehensive Addic- short-term extension from the Demo-
such Act (Public Law 116–114) is amended by tion and Recovery Act, the 21st Cen- cratic majority fails to meet the grav-
striking ‘‘May 6, 2021’’ and inserting ‘‘Octo- tury Cures Act, and the SUPPORT for ity of the situation facing our commu-
ber 22, 2021’’.
SEC. 3. DETERMINATION OF BUDGETARY EF-
Patients and Communities Act. nities, our border, and our country.
FECTS. At the end of last year, in the final They have had 2 years to come to the
The budgetary effects of this Act, for the omnibus bill, we included over $4 bil- table and work with us on a permanent
purpose of complying with the Statutory lion to increase mental health and sub- solution to combat fentanyl and
Pay-As-You-Go Act of 2010, shall be deter- stance use services and support. Recog- fentanyl analogues and the dangers
mined by reference to the latest statement nizing the worsening trends early this that they pose to Americans. If we
titled ‘‘Budgetary Effects of PAYGO Legisla- year, we passed the American Rescue don’t act, these dangerous drugs being
tion’’ for this Act, submitted for printing in Plan last month that provided an addi- smuggled across our southern border
the Congressional Record by the Chairman of
the House Budget Committee, provided that
tional $4 billion in resources. This crit- would effectively become street legal.
such statement has been submitted prior to ical funding will be used to enhance We need a permanent solution to
the vote on passage. mental health and substance use dis- save the lives of people in despair and
The SPEAKER pro tempore. Pursu- order services supported by the Sub- to protect our communities, and we
ant to the rule, the gentleman from stance Abuse and Mental Health Serv- need Democrats in the House and the
New Jersey (Mr. PALLONE) and the gen- ices Administration, the Health Re- Senate to wake up and take it seri-
tlewoman from Washington (Mrs. ROD- sources and Services Administration, ously. Nearly all States are seeing a
GERS) each will control 20 minutes. and the Indian Health Service. spike in synthetic opioid deaths, with
The Chair recognizes the gentleman Madam Speaker, while this critical 10 Western States reporting a more
from New Jersey. assistance is on the way, unfortu- than 98 percent increase. This pan-
GENERAL LEAVE nately, due to the disturbing rates of demic has made it worse.
Mr. PALLONE. Madam Speaker, I overdose and substance use, more work In my home State of Washington, the
ask unanimous consent that all Mem- is clearly needed. The Biden adminis- fentanyl positivity rate has increased
bers may have 5 legislative days in tration is asking Congress to extend a 236 percent, more than any other State
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which to revise and extend their re- temporary tool we provided last Con- in the country. My community lost
marks and include extraneous material gress so that agency experts can come two teenagers recently from a sus-
on H.R. 2630. together to examine the facts and come pected fentanyl-related death. They
The SPEAKER pro tempore. Is there up with an effective, long-term solu- had their whole lives in front of them.
objection to the request of the gen- tion. That tool is the authority to tem- Just a few milligrams of fentanyl,
tleman from New Jersey? porarily classify fentanyl-related sub- what can fit on the ear of Abraham
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H2026 CONGRESSIONAL RECORD — HOUSE April 21, 2021
Lincoln on our penny—that is a pretty (Mr. PAPPAS), the sponsor of this legis- CDC in a 12-month period ending in Au-
small amount—is lethal. lation. gust of 2020. This is a record for the
Fentanyl analogues are oftentimes Mr. PAPPAS. Madam Speaker, I highest number of overdose deaths ever
more potent, and more than a thousand thank Chairman PALLONE for yielding. recorded in a year.
of them have been created over the Madam Speaker, I rise today and In 2018, synthetic opioids, which in-
years to mimic fentanyl’s opioid ef- urge the swift passage of H.R. 2630. cludes these dangerous fentanyl ana-
fects and outsmart the law. This legislation will save American logues, were involved in 744 deaths in
With class-wide scheduling, any dan- lives by getting deadly chemical just Kentucky. I learned from a sub-
gerous variant of fentanyl is controlled fentanyl analogues off our streets and stance use healthcare provider in my
under schedule I. According to the allowing law enforcement to swiftly district that almost all their patients
DEA, right now, there are 27 new bring drug traffickers to justice. have some sort of fentanyl in their sys-
fentanyl-related substances that have The CDC reports that there were tem. Many of the patients are not
been encountered and immediately more than 50,000 deaths involving syn- aware of it themselves. Just last
controlled under the class-wide sched- thetic opioids in the 12-month period month a 2-year-old in Kentucky died
uling order. All of those substances are ending in July 2020—50,000 deaths in 12 from exposure to fentanyl; therefore, I
many times more potent than heroin months. support a permanent solution of sched-
and pose serious health and safety The addiction crisis has worsened as uling fentanyl analogues.
risks. One recently encountered sub- a result of this pandemic, and this is Last week, some of my colleagues—
stance was approximately eight times not the time to let regulations lapse or and we had witnesses—tried to argue
more potent than fentanyl. to back away from our commitment to that a long-term solution for banning
In addition to the ongoing, unprece- get people the help that they need. fentanyl is a social justice issue. In
dented humanitarian crisis at the bor- My State of New Hampshire, like so fact, one witness shared, ‘‘it is being
der, fentanyl and other dangerous many, has been hit incredibly hard by argued that fentanyl class scheduling
opioids are also pouring across our bor- fentanyl and its chemical analogues. is suddenly unnecessary because of the
der at an ever-increasing rate. The Bor- Chemical versions of fentanyl are ever- low number of prosecutions to date—
der Patrol just reported a 233 percent changing, and we know that traffickers eight. However, eight mandatory min-
increase in fentanyl seizures at the intentionally make small variations in imum sentences in 3 years, four of
southern border just in the last year. substances, knowing that the sched- them being members of a cartel, proves
If the class-wide scheduling of uling process may take months in that prosecutors are not going after
fentanyl-related substances is allowed order to place these deadly drugs on low-level users.
to expire, drug traffickers will be fur- schedule I where they belong. This The witness also argued that this
ther emboldened to smuggle this poi- means that traffickers are often one scheduling of fentanyl analogues—the
son into our communities. step ahead of law enforcement. decrease of new fentanyl analogues
Madam Speaker, this legislation coming to this country was 90 percent.
The Trump administration also
helps prevent that by ensuring all If someone is being unjustly pros-
worked hard to make the Chinese Com-
fentanyl analogues are categorized as ecuted for fentanyl analogues, then
munist Party accountable for the
schedule I. that should be addressed.
fentanyl analogues that were being
The DEA first issued a temporary However, not scheduling fentanyl
manufactured in China, forcing them
order in February of 2018, and Congress analogues, when we had a witness tes-
to crack down on it. If we let this ex-
wisely passed legislation extending tify it drops 90 percent being imported,
pire and do not make it permanent, we
that order through May 6. would be deadly for Americans since
will be sending a clear message to the Madam Speaker, my legislation, the
CCP that it is okay for them to ease up fentanyl and its analogues are respon-
Extending Temporary Emergency
and let this illicit industry continue to sible for thousands of deaths each year.
Scheduling of Fentanyl Analogues Act,
grow. Mr. PALLONE. Madam Speaker, I re-
would extend that order and, again, en-
Moving forward, we must work with serve the balance of my time.
sure that constantly changing chem-
the DEA and other agencies to make Mrs. RODGERS of Washington.
ical versions of fentanyl, often smug-
this scheduling permanent, just like Madam Speaker, I yield 2 minutes to
gled in from Mexico and China, are la-
Mr. LATTA’s FIGHT Fentanyl Act, the gentleman from Tampa, Florida,
beled as schedule I.
while making reforms to improve sci- (Mr. BILIRAKIS), a leader on the Com-
The bill would prevent our commu-
entific research on these substances. mittee on Energy and Commerce.
nities from being flooded with syn-
I am glad that the majority is agree- Mr. BILIRAKIS. Madam Speaker, I
thetic opioids and will ensure that
ing with us that we cannot let this ex- thank the chairwoman for yielding.
those trafficking them will be held ac-
pire. I am gravely disappointed that it Madam Speaker, the United States
countable without delay.
is only a few months. This extension People are in a fight for their lives remains in the grip of an overdose pan-
will buy us far less time than the 1- right now. Our country continues to be demic, unfortunately. I rise today in
year extension Republican leader JIM ravished by addiction. To let down our support of the Extending Temporary
JORDAN and I put forward and the 7- guard at this moment would cause un- Emergency Scheduling of Fentanyl
month extension that was requested by mistakable harm to our families and Analogues Act.
the Biden administration. Madam Speaker, 3 years ago, DEA
our communities.
If this 5-month extension is signed I am hopeful that we will see swift bi- temporarily scheduled fentanyl ana-
into law, I call on Democrats and Re- partisan action in Congress to grant logues as controlled substances to
publicans to begin working imme- this extension. crack down on China and drug traf-
diately on a longer term solution. We Madam Speaker, I urge passage of fickers smuggling fentanyl across the
stand ready to immediately begin the this bill. southern border. Last year, Congress
bipartisan work necessary to get a per- Mrs. RODGERS of Washington. passed the temporary extension that
manent fix signed into law. I am com- Madam Speaker, I yield 2 minutes to continued to criminalize fentanyl ana-
mitted to working over the next 5 the gentleman from Kentucky (Mr. logues until May 6 of this year.
months to solve this issue once and for GUTHRIE), the lead Republican on the Previously, drug traffickers could
all and not just settle on a short-term Health Subcommittee. slightly change the molecules in the
extension. Mr. GUTHRIE. Madam Speaker, I drug, so the formula was not tech-
Madam Speaker, I urge a ‘‘yes’’ vote rise today very concerned about the nically considered fentanyl and was
on this temporary extension, and I re- deadly threat of fentanyl and fentanyl not prohibited, although it was still po-
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serve the balance of my time. analogues. tent, leading to a lethal game of
Last week, the Committee on Energy whack-a-mole.
b 1515 and Commerce held a hearing on this Madam Speaker, locally, we have
Mr. PALLONE. Madam Speaker, I exact issue. seen that fentanyl has been a major
yield such time as he may consume to Here are the facts: More than 88,000 problem, even with the scheduling in
the gentleman from New Hampshire overdose deaths were reported by the place. Pasco County, in my district,
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April 21, 2021 CONGRESSIONAL RECORD — HOUSE H2027
has already had 48 people die from Mr. PALLONE. Madam Speaker, I tinue to prosecute any case involving the il-
overdoses since January of this year, yield an additional 1 minute to the licit manufacturing or distribution of any
and many communities throughout the gentlewoman from Texas. fentanyl-related substances under a separate
Ms. JACKSON LEE. Madam Speaker, statutory scheme established by the Federal
country are experiencing the same
Analogue Act. The DEA can also continue to
overdose increases as the pandemic has I thank the chairman for yielding. use its existing authority to schedule spe-
only exacerbated the mental health Madam Speaker, just to put on the cific fentanyl-related substances as Con-
and addiction crisis in our country. record that the data shows that there trolled Substances under the well-estab-
Madam Speaker, if this scheduling are already significant racial dispari- lished interagency process.
ban expires, we expect far more ties in some of the Federal cases and However, under the Trump Administra-
fentanyl to flood our streets and many mandatory minimum sentences involv- tion, the Drug Enforcement Administration
more lives to be tragically lost. We ing fentanyl analogues. used its emergency scheduling authority to
cannot allow this to happen. I don’t want to put words in the place certain fentanyl analogues onto Sched-
I urge my colleagues to join us in ex- mouth of my chairman, Chairman PAL- ule I of the Controlled Substances Act. The
tending this current ban and to work LONE, but I have heard him speak to Temporary Scheduling Order (‘‘the Order’’)
together in a bipartisan manner on a these issues, and I am grateful for it. I scheduled a general ‘‘class’’ of ‘‘fentanyl-re-
permanent solution—it must be a pri- lated substances.’’ In doing so, the Trump
am grateful for his sensitivity. So I
Administration expanded the application of
ority—a permanent solution to this wanted to come to the floor knowing mandatory minimum penalties to a broader
scourge. the work that has been done, but also range of federal cases, while also creating
Mr. PALLONE. Madam Speaker, I knowing your understanding. And I additional barriers to medical research. The
yield 3 minutes to the gentlewoman wanted to just make sure that these Order also circumvented the standard proce-
from Texas (Ms. JACKSON LEE). communities that cannot speak for dures for the scheduling of substances under
Ms. JACKSON LEE. Madam Speaker, themselves clearly are put on the the Controlled Substances Act, preventing
I thank the chairman of the Committee record. input from the Department of Health and
on Energy and Commerce for the con- I need not say that the trial that we Human Services and other relevant inter-
stant diligence that he has in the land- agency experts.
just had with the George Floyd case
scape of healthcare and energy, con- and what was trying to be represented The Trump Administration’s Order also
sumer issues. Certainly, as a member widened the net as far as the application of
in that case, albeit was a very tiny or
of the Committee on the Judiciary, we mandatory minimum penalties. As you
minute or nonexistent amount. So I know, people of color have been dispropor-
are looking forward to working with want to make sure that we do this tionately subject to mandatory minimum
this committee on a very important right and we get the time to do it. sentences, preventing judges from being al-
matter. Madam Speaker, I thank the gen- lowed to apply penalties that fit the facts
So I want to acknowledge the work tleman for his leadership. and circumstances of each case. Continu-
of the Committee on Energy and Com- WASHINGTON, DC, ation of this Order will further perpetuate
merce and indicate that isn’t it sad April 19, 2021. current racial disparities that exist through-
that we have not been able to find com- President JOSEPH R. BIDEN, Jr., out the criminal justice system. According
mon ground to work on this issue. I am The White House, to the most recent statistics from the U.S.
very concerned that what we are now Washington, DC. Sentencing Commission, there are signifi-
doing, we probably would need more DEAR PRESIDENT BIDEN: We write to ex- cant racial disparities in the prosecution of
press our serious concerns with class-wide fentanyl cases, with people of color com-
time for our committees to work to- scheduling of fentanyl-related substances, prising almost 75% of those sentenced in
gether. I am concerned that we might joining with our colleagues Senators Booker, 2019. This also holds true for federal convic-
be extending the Trump administra- Hirono, Markey, Warren and Whitehouse, tions in cases involving fentanyl analogues,
tion’s temporary class-wide emergency who wrote to you about this issue on April for which 68% of those sentenced were people
scheduling of fentanyl, a substance 14. We too commend your commitment to of color. To keep this approach in place—
that all of us vigorously opposed. end mandatory minimums, to address racial even temporarily—will further exacerbate
Madam Speaker, I think the chair- disparities, and to achieve criminal justice existing racial disparities.
man is well-aware of my longstanding reform. We also agree with the Administra- In addition, mandatory minimum penalties
concern on criminalizing substance tion’s recognition of the pressing need to continue to disproportionately impact indi-
‘‘eradicate racial, gender and economic in- viduals with a minor role in the offense. In
abuse instead of preventing and treat-
equities that currently exist in the criminal 2019, more than half of all federal fentanyl-
ing it. I know that our two committees justice system. We look forward to working
have a common perspective and agree- analogue prosecutions involved a street-level
with your Domestic Policy Council and the seller or other minor role. During this chal-
ment on that, but I have seen failed interagency working group that has been lenging time, our most vulnerable commu-
policies in my own neighborhood that formed to develop specific policy solutions nities, especially communities of color, have
have disproportionately impacted com- for criminal justice reform. At the same been disproportionately impacted by the
munities of color. time, we also hope to collaborate with you COVID–19 pandemic. Moving forward, we
For instance, in the 1980s, Congress and your Administration to enact just and must not exacerbate these health and justice
adopted harsh mandatory minimum restorative policies that will meaningfully inequities. We need to reject approaches that
sentences for crack cocaine offenses transform our nation’s response to substance expand criminal penalties, rather than
use disorders through the lens of public prioritize evidence-based approaches to this
and putting many in unjust and
health and racial equity. public health crisis.
lengthy terms of imprisonment. We agree with our Senate colleagues that
Madam Speaker, I simply want to in- fentanyl use is a serious concern. Combat- Moreover, we need to work to reduce bar-
dicate an acknowledgment of fentanyl ting substance use, including the illicit use riers to research in order to expand opportu-
and its impact that it has had, and I of fentanyl, is a top priority for all of us. nities to identify antidotes to fentanyl-ana-
However, we ask that you reject the last Ad- logue overdoses and to improve treatment
want to acknowledge the importance of
ministration’s misguided approach to the options. By extending the Order, critical
us working together. But I also want to medical research will continue to be limited
put on the record my concern with the opioid epidemic, especially regarding class-
wide scheduling of fentanyl analogues. during a time when the country is facing
DEA’s temporary order that would As an initial matter, federal prosecutors even greater concerns regarding the opioid
group all fentanyl-related substances may already pursue charges concerning crisis and the rising number of overdoses.
under a class-wide ban. harmful fentanyl analogues, with or without For these reasons, we urge you to discard
You see, what I know we can docu- class-wide scheduling. In addition, this misguided approach.
ment is that the recipient, the taker, classifying all fentanyl analogues as Sched- Drug addiction is a serious problem in
gets the short end of the criminal jus- ule I substances is unnecessary for federal communities across the country, and we are
tice stick, and with that, I have con- prosecutions of these cases. Independent profoundly concerned about fentanyl-related
cerns. But as we take more time to do from any temporary scheduling order for cer- deaths. The current pandemic has furthered
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tain substances, the federal government has worsened the tragic impact of overdoses as
this, I want to make sure the traf-
the authority to prosecute anyone who pos- so many Americans continue to struggle
fickers, the cartels, the gangs, are put sesses, imports, distributes, or manufactures through this isolating and stressful crisis.
in the eye of the storm where they be- any unscheduled fentanyl analogue with a We must learn from the lessons of the past
long. high potential for abuse, no medical value, as we prioritize evidence-based, public health
The SPEAKER pro tempore. The and the ability to cause overdose deaths. In approaches and pursue better and more just
time of the gentlewoman has expired. addition, the Department of Justice can con- means to address this problem, rather than
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H2028 CONGRESSIONAL RECORD — HOUSE April 21, 2021
the class-wide scheduling of fentanyl ana- Instead, they have elected to leave the gentleman from Wisconsin (Mr.
logues. our border wide open. We are inviting FITZGERALD).
Sincerely, drug traffickers to bring fentanyl sub- Mr. FITZGERALD. Madam Speaker,
Jerrold Nadler, Henry C. ‘‘Hank’’ Johnson,
Jr., Hakeem Jeffries, Ted Lieu, Val B. stances into the country and distribute I rise today to express my disappoint-
Demings, Sheila Jackson Lee, Theodore E. it in our streets. This should not be a ment with H.R. 2630.
Deutch, David N. Cicilline, Pramila Jayapal, partisan issue. Fentanyl does not dis- What is happening down at our
Mondaire Jones, Deborah K. Ross, Tony criminate. It does not. southern border is actually a crisis,
Cárdenas, Yvette D. Clark, Cori Bush, and The individuals manufacturing and and it is multiplying a crisis that has
Bobby L. Rush, Members of Congress. distributing fentanyl and its analogues plagued this country for many years,
Mrs. RODGERS of Washington. are criminals, and they are getting our and that is the opioid epidemic.
Madam Speaker, I yield 3 minutes to neighbors killed. This is not an issue Customs and Border Patrol agents
the gentleman from Georgia (Mr. CAR- that is going away. It is only getting have seized more than 4,900 pounds of
TER), the only pharmacist on our com- worse. The CDC reports that there were fentanyl during the first 5 months of
mittee, and a leader on this issue. enough overdoses last year than any fiscal year 2021, already surpassing the
Mr. CARTER of Georgia. Madam single year before. total from last year.
Speaker, I thank the gentlewoman for This is the time for us to crack down Mexican cartels are increasingly re-
yielding. on fentanyl-related substances, and I sponsible for producing the supply of
Madam Speaker, I am here today to hope that we will do that. fentanyl into the U.S. market. China,
ask my colleagues across the aisle to
b 1530 we forget about China. China remains a
set aside this weak bill and support
key source of supply for the chemicals
permanently—permanently as in for- Mr. PALLONE. Madam Speaker, I re- that the Mexican cartels are using to
ever—scheduling fentanyl and its ana- serve the balance of my time. produce the fentanyl; all of this being
logues. Mrs. RODGERS of Washington.
We just heard from the gentlewoman smuggled into the U.S. through our
Madam Speaker, I yield 2 minutes to
from Texas. We all agree: It is not western States.
the gentlemen from Pennsylvania (Mr.
good. Fentanyl is the problem. Madam Speaker, I introduced, along
JOYCE), a great member and leader on
Here, we have an opportunity for us with Senator JOHNSON, the SOFA Act
the committee.
to work together to help stem the flow to permanently designate fentanyl as a
Mr. JOYCE of Pennsylvania. Madam
of deadly fentanyl and its analogues in schedule I drug, closing a loophole in
Speaker, I rise today in strong support
our country. This is an issue that im- current law that makes it difficult to
of H.R. 2630, to extend the temporary
pacts every one of us—every one of us. prosecute crimes involving some syn-
emergency scheduling of fentanyl ana-
Whether we are Republican, Democrat, thetic opioids.
logues.
Independent, it impacts every one of us In the rural Pennsylvania commu- The GAO report released last week
in our communities. nities that I represent, the fentanyl on class-wide scheduling of fentanyl-re-
Just last week, in my home State of crisis is anything but temporary. lated substances found fewer law en-
Georgia, the Georgia Attorney General Every day, we experience the ramifica- forcement encounters with fentanyl,
announced that he is investigating tions of the opioid epidemic, which has and reduced incentives for cartels to
fatal drug overdoses based on counter- only been exacerbated by the COVID–19 circumvent the law through new and
feit medications laced with fentanyl pandemic. existing fentanyl substances.
and its analogues. These individuals As the Franklin County coroner, Jeff While I plan to support this bill—I
bought illegal products they believed Connor, told me just this week, think everybody will—a 5-month exten-
to be Xanax, Percocet, and oxycodone. ‘‘Fentanyl is easy to get and fast to sion is not nearly long enough. I urge
Overdoses like this happen every day kill.’’ Democrats to come back to the table
all over the country—all over the coun- This is true across our entire Com- to find a solution that will perma-
try. Yet, some of my colleagues want monwealth. In my home of Blair Coun- nently keep fentanyl as a schedule I
to go soft on fentanyl analogues and ty, we suffered an 80 percent increase drug.
let these products become legal in just in overdose deaths in 2020. As I have Mr. PALLONE. Madam Speaker, I re-
mere weeks, or temporarily schedule it heard directly from our county cor- serve the balance of my time.
for a few months until they can craft oner, Patty Ross, there is no question Mrs. RODGERS of Washington.
another weak plan. that the widespread availability of il- Madam Speaker, I yield 2 minutes to
How can anyone seriously argue that licit fentanyl is a substantial factor in the gentlewoman from Texas (Ms. VAN
a drug 50 times more potent than her- our region’s drug epidemic. DUYNE).
oin and which almost always proves Fentanyl already poses a deadly Ms. VAN DUYNE. Madam Speaker,
fatal when ingested, should ever be threat to our communities. If we don’t this issue should already have been
legal? act to extend the fentanyl import ban taken care of.
These products are manufactured il- before it expires next month, we will Last week, my Republican colleagues
legally, and they are largely brought invite massive vulnerabilities in our and I offered an amendment to extend
into the U.S. through the southern bor- shared fight against the opioid crisis. this ban until at least 2022, but it was
der. Every year, U.S. agents intercept In Pennsylvania and around the coun- blocked, only to see Democrats draft
enough fentanyl and its analogues to try, we need more accountability for this much weaker bill. It is another
kill every single American several those who bring illicit fentanyl into game and example of why Americans
times over. In fact, Customs and Bor- our communities. are fed up with Congress.
der Patrol announced in 2019, they had H.R. 2630 is lifesaving legislation that When House Democrats rejected the
enough seized fentanyl to kill 800 mil- will give law enforcement and the jus- Republican-led amendment banning
lion people. And that is what they had tice system the tools that they need to fentanyl last week, they knew that
seized; we don’t know what else came keep this dangerous illicit drug off of fentanyl causes a massive blight in our
across. our streets. This temporary fix needs communities across the country. They
I visited the border last week to see to be the bridge to a permanent solu- knew that tens of thousands are left
the crisis firsthand. Border patrol tion to protect the American people. dead from overdoses every year, but re-
agents are so overwhelmed with a 20- We do not have time to waste. By pass- fused to support it because of the
year record high number of illegal im- ing this bipartisan legislation, we can names on the bill. And now they want
migrants that smugglers and cartels protect families, equip those on the to extend the ban of this highly addict-
are using this as an opportunity to front line, and prevent tragedy. ive, highly dangerous, deadly drug by
dlhill on DSK120RN23PROD with HOUSE
traffic more fentanyl substances. For the health and safety of our com- only 5 months.
If the President and Vice President munities, I urge a ‘‘yes’’ vote. Last month, CBP agents seized 639
would visit the border, they would be Mr. PALLONE. Madam Speaker, I re- pounds of fentanyl, adding to the 2,098
able to talk to the agents firsthand and serve the balance of my time. pounds seized this year alone. That
see for themselves how serious the Mrs. RODGERS of Washington. represents a 233 percent increase of
issue is. Madam Speaker, I yield 2 minutes to drugs being smuggled across the border
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April 21, 2021 CONGRESSIONAL RECORD — HOUSE H2029
this year. It is a direct result of Biden’s [Roll No. 126] Golden Malinowski Sánchez
Gomez Maloney, Sarbanes
border crisis. YEAS—208 Gonzalez, Carolyn B. Scanlon
Vice President Harris was appointed Aderholt Gonzalez (OH) Mooney Vicente Maloney, Sean Schakowsky
as the so-called immigration czar, but Allen Good (VA) Moore (AL) Gottheimer Manning Schiff
Amodei Gooden (TX) Moore (UT) Green, Al (TX) Matsui Schneider
has spent more time in New Hampshire Grijalva McBath Schrader
Armstrong Gosar Mullin
than at the border. And if she were to Arrington Granger Murphy (NC) Harder (CA) McCollum Schrier
visit, she would see the toll that the in- Babin Graves (LA) Nehls Hayes McEachin Scott (VA)
Higgins (NY) McGovern Scott, David
flux of migrants is taking on our bor- Bacon Graves (MO) Newhouse
Himes McNerney
Baird Green (TN) Norman Sewell
der. It is not just a humanitarian cri- Balderson Greene (GA) Horsford Meeks Sherman
Nunes
sis, but it is leaving us vulnerable to Banks Griffith Obernolte
Houlahan Meng Sherrill
increased drug smuggling that is rav- Barr Grothman Hoyer Mfume Sires
Owens
Bentz Guest Huffman Moore (WI) Slotkin
aging our streets. She would hear di- Palazzo
Jackson Lee Morelle
Bergman Guthrie Palmer Smith (WA)
rectly from the DEA agents, just like Bice (OK) Hagedorn Jacobs (CA) Moulton
Soto
Pence
my colleagues and I did, why it is so Biggs Harris Perry
Jayapal Mrvan
Spanberger
Jeffries Murphy (FL)
important to schedule fentanyl as a Bilirakis Harshbarger Pfluger
Johnson (GA) Nadler
Speier
Bishop (NC) Hartzler Posey Stanton
schedule I drug permanently, not just Boebert Hern Johnson (TX) Napolitano
Reed Stevens
for 5 months. Bost Herrell Reschenthaler
Jones Neal
Strickland
Brady Herrera Beutler Kahele Neguse
A 5-month extension is not long Rice (SC) Kaptur Newman Suozzi
Brooks Hice (GA)
enough. Let’s just stop playing poli- Buchanan Higgins (LA)
Rodgers (WA) Keating Norcross Swalwell
Rogers (AL) Takano
tics. There is no excuse why we are not Buck Hill Rogers (KY)
Kelly (IL) O’Halleran
Khanna Ocasio-Cortez Thompson (CA)
working toward a permanent ban. Bucshon Hinson Rose Thompson (MS)
Budd Hollingsworth Kildee Omar
Mr. PALLONE. Madam Speaker, I Burchett Hudson
Rosendale Kilmer Pallone Titus
Rouzer Tlaib
have no further speakers, and I reserve Burgess Huizenga Roy
Kim (NJ) Panetta
Kind Pappas Tonko
the balance of my time. Calvert Issa Rutherford Torres (CA)
Cammack Jackson Kirkpatrick Pascrell
Mrs. RODGERS of Washington. Carl Jacobs (NY)
Salazar Krishnamoorthi Payne Torres (NY)
Scalise Trahan
Madam Speaker, I have no further Carter (GA) Johnson (LA) Kuster Perlmutter
Schweikert Lamb Peters Trone
speakers, and I yield back the balance Carter (TX) Johnson (OH)
Scott, Austin Langevin Phillips Underwood
Cawthorn Johnson (SD)
of my time. Chabot Jordan
Sessions Larsen (WA) Pingree Vargas
Mr. PALLONE. Madam Speaker, I Simpson Larson (CT) Pocan Veasey
Cheney Joyce (OH)
Smith (MO) Lawrence Porter Vela
would urge support for this bipartisan Cline Joyce (PA)
Smith (NJ) Lawson (FL) Pressley Velázquez
Cloud Katko
bill, and I yield back the balance of my Cole Keller
Smucker Lee (CA) Price (NC) Wasserman
time. Spartz Lee (NV) Quigley Schultz
Comer Kelly (MS)
Crawford Stauber Leger Fernandez Raskin Waters
The SPEAKER pro tempore. The Kelly (PA)
Crenshaw Kim (CA) Steel Levin (CA) Rice (NY) Watson Coleman
question is on the motion offered by Curtis Kinzinger Stefanik Levin (MI) Ross Welch
the gentleman from New Jersey (Mr. Davidson Kustoff Steil Lieu Roybal-Allard Wexton
Steube Lofgren Ruiz Wild
PALLONE) that the House suspend the Davis, Rodney LaHood
Stewart
DesJarlais Lamborn Lowenthal Ruppersberger Williams (GA)
rules and pass the bill, H.R. 2630, as Stivers Luria Rush Wilson (FL)
Diaz-Balart Latta
amended. Donalds LaTurner Taylor Lynch Ryan Yarmuth
The question was taken; and (two- Duncan Lesko Tenney
Thompson (PA) NOT VOTING—5
thirds being in the affirmative) the Dunn Letlow
Emmer Long Tiffany Clarke (NY) Gibbs Smith (NE)
rules were suspended and the bill, as Estes Loudermilk Timmons Clyde LaMalfa
amended, was passed. Fallon Lucas Turner
Feenstra Luetkemeyer Upton
The title of the bill was amended so
Ferguson Mace Valadao b 1615
as to read: ‘‘A bill to amend the Tem- Fischbach Malliotakis Van Drew
Mr. SMITH of Washington, Ms. CHU,
porary Reauthorization and Study of Fitzgerald Mann Van Duyne
Mmes. TORRES of California and
Fitzpatrick Massie Wagner
the Emergency Scheduling of Fentanyl Walberg HAYES, Mr. LARSON of Connecticut,
Fleischmann Mast
Analogues Act to extend until October Fortenberry McCarthy Walorski Ms. SPANBERGER, Mr. BROWN, Ms.
2021, a temporary order for fentanyl-re- Foxx McCaul Waltz
BOURDEAUX, Mr. PERLMUTTER, Ms.
lated substances.’’. Franklin, C. McClain Weber (TX)
Scott McClintock Webster (FL) BROWNLEY, Mr. PANETTA, and Ms.
A motion to reconsider was laid on Fulcher McHenry Wenstrup BLUNT ROCHESTER changed their
the table. Gaetz McKinley Westerman vote from ‘‘yea’’ to ‘‘nay.’’
Gallagher Meijer Williams (TX)
Garbarino Meuser Wilson (SC) Ms. CHENEY and Mr. POSEY
f Garcia (CA) Miller (IL) Wittman changed their vote from ‘‘nay’’ to
Gimenez Miller (WV) Womack ‘‘yea.’’
Gohmert Miller-Meeks Young
NATIONAL ORIGIN-BASED ANTI- So the motion to recommit was re-
Gonzales, Tony Moolenaar Zeldin
DISCRIMINATION FOR NON- jected.
IMMIGRANTS ACT NAYS—216 The result of the vote was announced
Adams Cárdenas Dean as above recorded.
The SPEAKER pro tempore. Pursu- Aguilar Carson DeFazio Stated against:
ant to clause 8 of rule XX, the unfin- Allred Cartwright DeGette Ms. CLARKE of New York. Madam Speak-
ished business is the question on agree- Auchincloss Case DeLauro
Axne Casten DelBene er, had I been present, I would have voted
ing to the motion to recommit on the
Barragán Castor (FL) Delgado ‘‘nay’’ on rollcall No. 126.
bill (H.R. 1333) to transfer and limit Ex- Bass Castro (TX) Demings MEMBERS RECORDED PURSUANT TO HOUSE
ecutive Branch authority to suspend or Beatty Chu DeSaulnier
RESOLUTION 8, 117TH CONGRESS
restrict the entry of a class of aliens, Bera Cicilline Deutch
Beyer Clark (MA) Dingell Allred (Wexton) Khanna (Gomez) Mfume
offered by the gentleman from Ohio Bishop (GA) Cleaver Doggett Barragán (Beyer) Kirkpatrick (Connolly)
(Mr. WENSTRUP), on which the yeas and Blumenauer Clyburn Doyle, Michael Cárdenas (Stanton) Moulton
nays were ordered. Blunt Rochester Cohen F. (Gallego) Langevin (Perlmutter)
Bonamici Connolly Escobar Costa (Correa) (Lynch) Napolitano
The Clerk will redesignate the mo- Bourdeaux Cooper Eshoo Crenshaw Lawson (FL) (Correa)
tion. Bowman Correa Espaillat (Fallon) Omar (Bush)
(Evans)
dlhill on DSK120RN23PROD with HOUSE
The Clerk redesignated the motion. Boyle, Brendan Costa Evans Donalds Leger Fernandez Payne (Pallone)
F. Courtney Fletcher (Cammack)
The SPEAKER pro tempore. The (Jacobs (CA)) Porter (Wexton)
Brown Craig Foster Gonzalez (OH)
Lieu (Beyer) Rush
question is on the motion to recommit. Brownley Crist Frankel, Lois (Timmons)
Lowenthal (Underwood)
The vote was taken by electronic de- Bush Crow Gallego Gosar (Greene
Bustos Cuellar Garamendi (GA)) (Beyer) Sewell (DelBene)
vice, and there were—yeas 208, nays Butterfield Davids (KS) Garcı́a (IL) Grijalva (Garcı́a Meng (Clark Speier (Scanlon)
216, not voting 5, as follows: Carbajal Davis, Danny K. Garcia (TX) (IL)) (MA))
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