WASHINGTON – Today, Sen. Chuck Grassley (R-Iowa) urged his colleagues to immediately maintain the authority designating fentanyl-related substances as a Schedule I drug. Fentanyl – and illicit drugs containing fentanyl – have poisoned streets in cities across the country. Just one kilogram of fentanyl can kill 500,000 people, making it 100 times more potent than morphine, according to the Drug Enforcement Agency (DEA). Fentanyl is now the leading cause of death for Americans ages 18 to 45 – surpassing vehicle accidents, cancer and suicide.

Last night, Pres. Joe Biden urged Congress to limit the supply of illicit drugs and tackle the opioid crisis in his State of the Union address. Despite this – and the dangerous and deadly consequences posed by fentanyl – today Senate Democrats rejected Grassley’s effort to maintain fentanyl’s Schedule I status before it expires next Friday, March 11. Democrats supported previous extensions of the same authority five times in the past four years.

“I’ve received calls from families of people who have overdosed on fentanyl. I’ve received calls from law enforcement. For the last 10 months, they’ve been in terror that this authority will disappear – that thousands more may die from fentanyl overdoses,” Grassley said. “For years, I’ve been leading the fight to extend this authority in hopes of finding a permanent solution. I’ve urged Leader Schumer to support measures that extend fentanyl scheduling as long as possible. I’ve asked President Biden to engage with bipartisan congressional leaders on a permanent solution. And I’ve even requested that Chairman Durbin hold a hearing on this issue in the Judiciary Committee. All of these requests have gone unanswered and ignored. Scheduling fentanyl analogues matters. It can save lives.”

DEA placed fentanyl analogues in Schedule I in 2018. Since then, Congress has extended this authority five times, including with unanimous support in 2020. Grassley concluded by calling on his colleagues to work with him on finding a bipartisan solution for a permanent extension.


 
Below are Grassley’s floor remarks, as prepared for delivery:
 
Today’s vote on this bill, as amended, should be a YES for every member of the Senate. This measure extends the lifesaving authority placing fentanyl drugs in Schedule I. In fact, a 15-month extension of this authority, similar to the bill I offer today, passed the Senate unanimously in 2020.
 
In case you’ve not read the headlines for the past few years, fentanyl and its analogues are killing tens of thousands Americans each year and are now the number one cause of death for Americans ages 18 to 45.
 
DEA placed fentanyl analogues in Schedule I in 2018.
 
Congress has already extended this authority five times in four years. Now we’re on the verge of extending it for the sixth time before it expires on March 11.
 
During the Biden administration, these reauthorizations have gotten shorter and shorter. The periods of extension have been as short as a few weeks. This has created constant doubt about whether fentanyl scheduling will continue.
 
I’ve received calls from families of people who have overdosed on fentanyl.
 
I’ve received calls from law enforcement.
 
For the last 10 months, they’ve been in terror that this authority will disappear – that thousands more may die from a fentanyl overdoses.
 
We’ve extended fentanyl scheduling five times in four years, but four have been in the last 10 months alone. While extensions preserve lifesaving authority, this kind of legislating by extension is neither sustainable nor reflective of the gravity of keeping fentanyl drugs in Schedule I.
 
A permanent scheduling solution is the best answer. But unfortunately, a permanent scheduling action isn’t feasible right now.
 
Why?
 
Because some members of Congress don’t support keeping fentanyl analogues in Schedule I – or at all. Some reject our criminal drug laws altogether. Fortunately, this is a fringe opinion and not representative of the majority of Congress.
 
Republicans and Democrats alike have voiced support for permanently scheduling fentanyl analogues, including President Biden. But until Congress agrees on a bipartisan and permanent solution, we must maintain the authority by extension.
 
For years, I’ve been leading the fight to extend this authority in hopes of finding a permanent solution.
 
I’ve urged Leader Schumer to support measures that extend fentanyl scheduling as long as possible.
 
I’ve asked President Biden to engage with bipartisan congressional leaders on a permanent solution.
 
And I’ve even requested that Chairman Durbin hold a hearing on this issue in the Judiciary Committee.
 
All of these requests have gone unanswered and ignored.
 
Scheduling fentanyl analogues matters. It can save lives.
 
Congress has the power and responsibility to act, so we must.
 
But we can’t make meaningful, bipartisan change unless we have enough time to do so. So let’s pass a long-term extension and finally find a permanent solution.
 
***
Grassley’s remarks following an objection to advancing the extension by Sen. Cory Booker (D-N.J.)
 
I’m disappointed that my bill to extend fentanyl scheduling by 14 months cannot proceed. But I won’t back down from trying to extend this authority in a meaningful and long-term way.
 
There’s more than one way to advance this bill. Today’s vote is just one of those ways. Like history shows us, this authority can be included in funding legislation or move as a bipartisan, unanimous bill. I’ll fight for its inclusion in the upcoming omnibus, and urge my colleagues to support it.
 

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