Stop the Importation and Trafficking of Synthetic Analogues Act of 2017

Floor Speech

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Mr. KATKO. Mr. Chairman, I thank the gentleman for yielding time to speak in favor of legislation I authored, H.R. 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017.

Synthetic drug abuse has crippled my community and the communities of many other Members in this Chamber. Last year, Syracuse area hospitals saw a record number of overdoses due to synthetic drug abuse. In May of last year, over 15 individuals had overdosed on synthetic drugs and were taken to the ER in a span of 24 hours. All of these synthetic drugs were purchased at bodegas in Syracuse, purchased over the counter, and stamped ``not for human consumption.'' Clearly, that was the intent.

Unfortunately, stories like this have become the new normal. First responders and emergency room physicians across the Nation have seen incredible increases in calls due to synthetic overdoses, which is why I wholeheartedly support this legislation, as do they.

Toxic synthetic drugs are designed to mimic street drugs like marijuana, LSD, cocaine, ecstasy, fentanyl, and other hard drugs. They can be more potent than the real thing and oftentimes are more deadly.

Unfortunately, when law enforcement encounters and begins to combat a specific synthetic drug compound, which they must do under the law, manufacturers of these substances are able to slightly alter the chemical structure of the drug, and this puts law enforcement at a serious disadvantage because that chemical alteration makes that drug technically not legal until it gets on the analogue statute. This leaves them constantly one step behind.

As a former Federal prosecutor for more than 20 years but, more importantly, as a father, getting these drugs off the streets and out of the hands of our loved ones remains a top priority for me.

Right before I introduced this bill, I met with a constituent in my district, Teresa Woolson, whose son was tragically killed by a synthetic drug identified as XLR-11. He went into a store and bought it. It was called K2/spice. He thought that since it was sold over the counter it was okay to use. He used the drug, smoked it--it was synthetic marijuana--had a seizure, and drowned in Lake Ontario.

Unfortunately for Teresa, the drug that killed her son managed to remain legal and on the streets and sold over the counter in stores for 4 years after his death until it was finally added to the controlled substances list. This is unacceptable. These families deserve more than that and they deserve justice.

The potency and dangers of synthetic drugs do not only threaten users. We are now seeing local law enforcement and first responders put in harm's way simply by coming in contact with these highly potent and often lethal substances, oftentimes being mixed with heroin, which is killing people at a record pace in this country.

Numerous cases across the country have resulted in emergency personnel becoming gravely ill and even dying while responding to these synthetic overdoses.

The threat synthetic drugs pose to our communities and law enforcement must be stopped. H.R. 2851 takes a big step toward eradicating these harmful substances and protecting our communities. The bipartisan SITSA Act will give local, State, and Federal law enforcement the necessary tools to target synthetic substances and the criminals who traffic them.

Specifically, this legislation will create a new schedule to the Controlled Substances Act and establish a mechanism by which analogues can be temporarily or permanently added to that schedule in as little as 30 days after the chemical composition is determined by the Attorney General.

With amendments adopted by the Judiciary Committee and on the House floor today, we have struck the right balance between providing law enforcement with the tools they need and facilitating research on these chemical compounds.

I would like to thank Chairman Goodlatte and Chairman Walden and their staffs, specifically Tony Angeli and Adam Buckalew, for their tireless work on this bill. I would also like to thank my legislative director, John Drzewicki, who has done a tremendous job on this bill.

The stories of synthetic drug use are in no way limited to my area of the country. This is a nationwide epidemic. I respectfully ask my colleagues to vote in favor of SITSA because every moment we fail to act, another person is affected by synthetic drugs.

Since I have more time, I want to address a specific issue spoken about by my colleague from Texas. Under this bill, a substance placed in schedule A would be a schedule A controlled substance as defined in 21 U.S.C. 802(6). In a controlled substance analogue case, the criteria of that 21 U.S.C. 802(32) and 813 must be met for each defendant, case by case, in addition to the elements of the underlying crime. It cannot be simply asserted a schedule A controlled substance is substantially similar pursuant to those provisions and the court arrive at a 21 U.S.C. 841(b)(1)(c) penalty.

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Mr. KATKO. Mr. Chair, just so I am clear about the gentlewoman's position, the gentlewoman is concerned that a drug trafficker may face a penalty of a harsh sentence when they have caused someone's death, as an example.

Let me give you an example. Deanna Axe was 5 months pregnant. She had been off heroin for 8 months. A drug trafficker pushed her and cajoled her over the course of about 12 hours through texts that we saw trying to get her to try this specific type of heroin. She took one dose. Her mother found her. The heroin that he gave her killed her and her 5- month-old baby in her womb.

That is the reality of what we are facing. He is facing 15 years in prison. He pled guilty to that. She is gone. Her baby is gone. That is the reality.

So we are trying to find a positive balance here. No one is suggesting that mandatory minimums under 841(b)(1)(A) or 841(b)(1)(B) can be applicable. They are not. It is the (b)(1)(C) category for this, except when a death is caused. So please let us try and find a proper balance here.

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Mr. KATKO. Mr. Chairman, I would like to briefly respond to some of the comments that were made by my colleagues on the other side of the aisle.

First of all, when my colleague refers to sweeping new authority--I believe that was a quote--that the Attorney General has under this law, it must be made clear that it gives the Attorney General authority to list these substances temporarily on a controlled substance analogue list under schedule A. It also gives Congress 180 days to overrule the Attorney General at any time.

That is a very potent and powerful check. This does not shift significant power to the Attorney General. I think that is important to note.

My colleagues also noted several times that it would limit the research ability of individuals under this statute to research synthetic drugs. The Griffith amendment addresses this issue in a powerful and potent manner. It ensures and protects that individuals doing research can continue to do the research and will not be sanctioned or in trouble for doing that research.

We have worked closely with the industry to get their input. More importantly, we worked very, very closely with Health and Human Services and the Drug Enforcement Administration to provide substantial input. Based on that input, we have made the adjustments that are now memorialized in the Griffith amendment.

While we are talking here, let's keep something in perspective. Every hour in this country, at least five people die from heroin- and opioid- related overdoses. That is five an hour. By the time we are done, five more people will have died. Of those individuals dying, the vast majority are dying because of the synthetic drug components that are being found in all the heroin overdoses, such as synthetic fentanyl.

Synthetic fentanyl and other synthetic drugs are generally made outside this country. The bad guys know that when we find a chemical compound and get it listed on the drug analogue statute, they simply tweak the compound, and then it takes another 3 or 4 years for that drug to get back on the statute and to again make the compound illegal. It is a cat-and-mouse game that they are winning and we are losing, because we are losing our children.

In closing, I would look to just note this and ask people to consider this. Let's put a face on this stuff.

John Socci had a daughter. She was murdered in front of her 18-month- old child by her boyfriend, who was addicted to opioids. Two years later, they lost their son to a heroin overdose.

Breanna Axe, as I mentioned earlier, died 5 months pregnant when a drug dealer repeatedly pushed her to try heroin, even though she hadn't been using for 7 or 8 months. One dose and she was gone. That dose had synthetic drugs in it as well.

There are so many other stories out there. Law enforcement is in trouble because of these synthetic drugs. They are afraid to even touch them because simple contact is going to kill them.

While we are complaining about jurisdiction and who was able to review this bill or whether researchers are properly protected, which I submit they are, people are dying in this country at a rapid rate. We must do something.

Victor Woolsen, who I talked about earlier who bought a synthetic drug over the counter, had a seizure, and died, that synthetic drug was on the streets for 4 years after he died. It took us 4 years to get that drug off the shelves and off the streets of our country.

I don't think it is a tall stretch to ask the Attorney General to have authority, when I believe this is not just an epidemic, it is a pandemic in this country, to get these drugs off the streets quickly, 30 days. If the Attorney General messes up, we will be right back here to fix it within 180 days. That is the backstop. We also have backstops for the researchers as well.

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