Dextromethorphan Distribution Act of 2007

Madam Speaker, I would like to thank my good friend, Mr. Cardoza, the gentleman from California, for the time; and I yield myself such time as I may consume.

Madam Speaker, on the opening day of this Congress, the distinguished chairwoman of the Rules Committee, Ms. Slaughter, came to the floor and said that the new majority would, `` . . . begin to return this Chamber to its rightful place as the home of democracy and deliberation in our great Nation.'' That pledge echoed a document by Speaker Pelosi titled A New Direction For America. That document said, ``bills should generally come to the floor under a procedure that allows open, full, and fair debate.''

Now as we approach the closing hours of the 110th Congress, I think it is appropriate for us to take a look at whether the majority has actually lived up to those promises.

Let us begin with closed rules. There really can be few, if any, parliamentary procedures that are more offensive to the essential spirit of democracy, the spirit of democracy, than a closed rule. A closed rule shuts off, blocks Members from both sides of the aisle from offering any amendments to legislation that is considered on the floor. As I said, no matter what their party affiliation, if and when Congress operates under a closed rule, all Members are shut out from the legislative process on the floor.

Even though the majority promised a more open Congress, as I referred to in the beginning of my remarks, they silenced the vote of every Member and thus all of every Member's constituents a record 63 times this Congress. Sixty-three times. No other Congress in the history of the Republic has ever brought forth so many closed rules. No other Congress in the history of the Republic has brought so many pieces of legislation to the floor under that legislative framework that prohibits every Member of this House from offering amendments to the legislation.

The consistent use of closed rules by the majority constitutes an affront to the democratic spirit as well as to their own promises. But that is not the only way that they have failed to live up to their promises. They have also systematically bypassed what is known as the conference process, effectively shutting out the minority from having a say on legislation that makes its way to the President's desk.

Madam Speaker, as you know, the conference process is the process by which the House and Senate work out differences, resolve their differences and achieve a final legislative product that is exact to be passed by the House and the Senate and sent to the President.

Now the majority has also used a technique known as ``ping-pong'' to avoid that conference process. They have used that technique in order to subvert the rights of the minority to offer motions to recommit and amendments. For comparison, in the 108th Congress and 109th Congress-- those Congresses combined--that technique known as ping-ponging was used three times during the 108th Congress and 109th Congress.

But that is not all. The majority has also considered 45 bills outside the regular order. They also blocked minority substitute amendments, allowing only 10 minority substitute amendments even though they promised a procedure that, and again I remind the majority of its own words, they promised that they would ``grant the minority the right to offer its alternatives, including a substitute.''

So here we are today with a rule that a distinguished senior member of the majority on the Rules Committee said, and I quote, is `` . . . outside the normal parameters of the way that the House should conduct its business . . . it effectively curtails our rights and responsibilities as serious legislators.''

Prior to becoming Speaker, Ms. Pelosi pledged, and I quote, ``to conduct our work with civility and bipartisanship and to act in partnership, not partisanship, with the President and the Republicans in Congress.''

Obviously, the record has been another story.

Now with regard to what the majority is doing today, the majority is bringing forth 44 bills for consideration under what is known as suspension of the rules. It's a process by which usually noncontroversial bills, as my friend described them, bills that generally have bipartisan support because they require two-thirds of the House in order to pass, under the rule being brought forth today, we will be authorizing under this rule 44 bills for consideration under suspension of the rules. At least they're telling us what the 44 bills are. That's why it took some time for the Clerk to read them, because there are 44 bills to read the titles. So at least I think the majority should be commended for telling us what the 44 bills are.

Now, unfortunately, we're informed that the Rules Committee is meeting at this time, as we speak, to pass a rule to authorize more suspensions, but not telling us what they are; in other words, a blanket authority. So, obviously everything has to be put in perspective.

Compared to what the Rules Committee is doing now for the rest of the session, this is a commendable rule because at least it is informing us and the American people what we will be considering. At least the titles have been brought forth. So that is something that, when we consider how the majority has acted procedurally in this Congress, we have to be grateful that we're being informed at least what bills are being authorized for consideration under the rule today.

Madam Speaker, as we look back at this 110th Congress that is nearing its end, I think it would be fair to say that when one considers the promises for openness and fairness and transparency made by the majority at the beginning of this Congress and in their campaign before this Congress began, when one compares that with their record of having broken all precedent in terms of the number, the number, having broken the record in terms of the number of pieces of legislation brought to this floor authorizing no amendments, in other words, closed rules, there is an extraordinary difference between the promise and the reality by our friends on the other side of the aisle.

I reserve the balance of my time.

No, I would inform my friend that we have no other speakers. So at this time I yield back the balance of my time.

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1491 and ask for its immediate consideration.

Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Lincoln Diaz-Balart). All time yielded during consideration of the rule is for debate only.

General Leave

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on House Resolution 1491.

Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, H. Res. 1491 authorizes the Speaker to entertain motions that the House suspend the rules at any time on the legislative day of Thursday, September 25, 2008, on 44 separate measures. This rule is necessary because under clause 1(a) of rule XV, the Speaker may entertain motions to suspend the rules only on Monday, Tuesday or Wednesday of each week. In order for suspensions to be considered on other days, the Rules Committee must authorize consideration of these motions.

This is not unusual. In fact, in the 109th Congress, my friends on the other side of the aisle reported at least six rules that provided for additional suspension days. This bill limits the suspension of rules only to those measures listed in the rule itself so Members on both sides of the aisle are aware of exactly what bills may be considered under this suspension of the rules.

This is standard procedure at the end of the legislative session and includes both House bills that we will send to the Senate for consideration and Senate-passed bills that are ready to become law once they pass the House.

I would remind my colleagues on both sides of the aisle that bills considered under suspension of the rules must receive strong bipartisan support in order to pass the House.

I urge my colleagues to join me in supporting this rule which will simply help us move important, noncontroversial legislation before we adjourn that is important to our constituents and

that will receive overwhelmingly bipartisan support and that will hopefully become law.

I reserve the balance of my time.

Madam Speaker, I would like to inquire of the gentleman from Florida if he has any additional speakers. I am the last speaker on my side.

Madam Speaker, my friend from Florida has raised several issues with regard to the procedures of the House for the last 2 years. The gentleman is correct that there have been a number of closed rules this year. But I would like to just say, in response to that, that we have had to try and manage this House with a very obstinate Republican minority in the Senate.

There has been a record number of filibusters that have been put forward this year to try and stop everything that we have tried to accomplish in this body. In fact, there has been an absolute stonewalling on the number of conference committees, breaking down the bipartisan process, breaking down the comity that engages both Houses, so that we can get something done for the American people. By refusing to go to conference, this has gummed up the arteries of this body, and it, frankly, is the Republican minority in the other body that has really made this a very difficult House and institution to manage.

Madam Speaker, I would also say that the gentleman mentioned that this is--well, first of all, he acknowledged that we are telling everyone today the 44 bills that we are, in fact, bringing forward in this rule. Six times the gentleman's party, in the last Congress, did not tell us what they were bringing forward in a rule. And I can cite the dates. We have the information.

The reality is that this is not an uncommon practice at the end of the session. We would like to, as we are doing in this rule, do it every time, but sometimes it's possible at the end of the session we're simply running out of time.

So, Madam Speaker, as I said, this is a standard procedure at the end of the legislative session that will simply

help us move important, noncontroversial legislation before we adjourn that will receive overwhelming bipartisan support.

I urge a ``yes'' vote on the rule and on the previous question, Madam Speaker.

I yield back the balance of my time, and I move the previous question on the resolution.

The previous question was ordered.

Madam Speaker, I also want to compliment our fine Reading Clerk for getting the pronunciation of dextromethorphan correct. I know she has been practicing for days, as many of us have.

But I too rise in strong support of this bill, H.R. 970, the Dextromethorphan Distribution Act, I am going to call it DXM, of 2007, legislation that I introduced with my friend and colleague Mr. Rick Larsen of Washington. He has been absolutely a champion as we have worked this issue on both sides of the aisle to restrict the distribution of this product to entities registered with the FDA.

I want to thank the House leadership for scheduling this bill; I want to thank my friend and chairman, Mr. Dingell of our committee, as well as Mr. Barton, the ranking member, as well as the chairman and ranking member of the Energy and Commerce Health Subcommittee for allowing this bill in fact to come to the floor, not only in this session but in the last session of Congress as well. When we did pass it on the House floor, I think it was actually one of the last bills that was passed in the 109th Congress in the House, but the Senate failed us at the end. We are hoping that by passing it at this point the Senate, in fact, will move together.

I also want to thank my staff, particularly Jane Williams, who has sat in countless meetings as we have worked and finessed this legislation, not only the industry folks here, but obviously with House and Senate leaders on both sides of the Capitol.

This drug normally is a safe and effective nonnarcotic cough suppressant that is used in many over-the-counter cough and cold medicines. While medicines containing DXM are used safely and effectively by millions of Americans every year, taken in extremely large quantities this drug produces a high that can cause brain damage, seizure, and obviously death.

Studies have shown that teenagers are obtaining unfinished DXM on the Internet to get high by consuming

large amounts or mixing it with alcohol. And already there have been too many deaths linked to the abuse of pure DXM. According to the DEA, abuse among adolescents is increasing. Abuse of DXM has been found in several forms, but has been increasingly found in an encapsulated powder form which is now being sold over the Internet. Currently, there are no restrictions, none, on the restriction of raw bulk dextromethorphan, and this bill would help to ensure that DXM is used only for legitimate purposes and stays out of the hands of drug dealers and adolescents. FDA would have the authority to seize bulk dextromethorphan if found in the possession of anyone not authorized to have it, and those measures would cut off the supply chain of unfinished DXM to those purchasing it on the Internet to get high or to sell it as a street drug.

This bill has been endorsed by the American Pharmacists Association, the Consumer Healthcare Products Association, the Food Marketing Institute, the National Association of Chain Drug Stores and Partnership for a Drug-Free America.

As the parent of two teenagers, I am certainly alarmed by the number of teens who are abusing cough syrup and pure DXM to get a high. They are under the false impression that getting high off this drug is harmless because it is an ingredient in cough syrup. Nothing can be further from the truth. Our kids are playing a game of Russian roulette every time they get high off this drug, and sooner or later someone will die, as they have already. Enough is enough.

This commonsense bipartisan piece of legislation will certainly put an end to the bulk sale of DXM on the Internet and will keep our kids safe from the dangers of this type of drug abuse. I hope that all of our colleagues can support this even on a voice vote, and I hope and pray that the Senate will take action as soon as they can so that we can get this bill to the President's desk where I expect him to sign it.

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 970) to amend the Federal Food, Drug, and Cosmetic Act with respect to the distribution of the drug dextromethorphan, and for other purposes, as amended.

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Madam Speaker, I yield myself such time as I may consume.

I rise in support of H.R. 970, the Dextromethorphan Distribution Act of 2007.

Dextromethorphan, commonly known as DXM or DEX, is an active ingredient in many over-the-counter cough and cold medications. When used as directed, DEX has proven to be an effective cough suppressant; but sadly, an alarming number of teenagers and young adults are abusing prescription and over-the-counter medications by taking much larger than recommended doses to get high.

H.R. 970 attempts to curb the misuse and abuse of DEX by restricting the sale, purchase, trade, and distribution of DEX to registered producers of drugs and devices. The legislation is aimed at preventing would-be drug dealers from purchasing DEX wholesale and selling it over the Internet and on the streets.

Similar legislation passed the House during the 109th Congress but was not enacted into law. Today, we renew our commitment to America's young people by passing this legislation. We are also reminding parents and guardians to remain vigilant in the often difficult task of talking with our young people about drug misuse and abuse. Even if your child does not abuse products containing DEX or any other over-the-counter medications, odds suggest that they know somebody who does.

I want to acknowledge and commend our colleagues, particularly Congressman Fred Upton and Congressman Rick Larsen, for their committed work on this issue, and I urge my colleagues to support H.R. 970.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I want to state that this bill and its passage will certainly begin to curb the abuse of dextromethorphan. I would like to thank the gentleman also for his leadership on this bill and that of Mr. Rick Larsen's. This will begin a process of educating about the harm that such abuse of over-the-counter drugs can cause, and I urge my colleagues to join me in supporting this bill.

I yield back the balance of my time.

Madam Speaker, I am proud to rise in favor along with my colleague from Wisconsin and support H.R. 970. At the outset, I would also like to thank Mr. Upton of Michigan and Mr. Larsen of Washington for their work on this important legislation. Mr. Upton in particular has been a true champion and is one of the reasons why we are here.

Dextromethorphan, or DXM or DEX as it is sometimes called, is an ingredient found in cough medicine. The ingredient relieves the coughing associated with the cold or flu, which is a positive, and cough medicines containing this drug are common and can be obtained without prescription, as we full know. While the drug is safe and effective, it is also dangerous if too much is taken.

Reports have shown that some segments of the population, particularly young people, will take large amounts of this medicine in an attempt to absorb large amounts of DXM to get high. The abuse of this drug can cause death as well as other serious adverse events, such as brain damage, seizure, loss of consciousness, and irregular heartbeat.

Madam Speaker, at this point, I yield to my colleague and a true champion of this, Mr. Upton, for 4 minutes.

Madam Speaker, let me again commend Mr. Larsen, and of course Mr. Upton and my colleague from Wisconsin, and urge the adoption.

I yield back the balance of my time.