THE DAILY WHIP: FRIDAY, JUNE 15, 2018

Daily Leader

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HOUSE MEETS AT:	FIRST VOTE PREDICTED:	LAST VOTE PREDICTED:
9:00 a.m.: Legislative Business Five “One Minutes”	10:45 – 11:15 a.m.	11:15 – 11:45 a.m.


Complete Consideration of H.R. 2851 – Stop Importation and Trafficking of Synthetic Analogues Act of 2017 (Rep. Katko – Judiciary) (One hour of debate). The bill would amend the Controlled Substances Act to create a new schedule for synthetic analogues under “Schedule A” and establish an abbreviated procedure for temporary or permanent placement of drugs or substances on Schedule A. Upon passage of H.R. 2851, thirteen fentanyl analogues will be placed on Schedule A. In addition, this legislation sets up an abbreviated procedure for the temporary or permanent placement of additional drugs or substances on Schedule A. Those substances would have to contain a chemical structure substantially similar to controlled substances already in Schedules I, II, III, IV, or V, or contain an actual or predicted effect similar to those drugs. Drugs that meet this criteria may be permanently scheduled or temporarily placed on Schedule A by the Attorney General for up to five years, with the ability to extend temporary placement for 180 days. Currently, the Attorney General may temporarily schedule a substance for up to two years only after demonstrating the drug’s “history and current pattern of abuse; the scope, duration and significance of abuse; and what, if any, risk there is to public health.” This legislation would eliminate the longstanding eight-factor analysis of drugs and substances put in place under the Controlled Substances Act (CSA), therefore allowing the Attorney General to act independently, without the input from the Department of Health and Human Services (HHS) or any other agency and add additional substances without proper vetting or oversight for an extended period of time. Under current law, HHS is allowed to halt unjustifiable scheduling actions. This legislation not only eliminates HHS’s halt authority, but it does not even allow HHS to request a hearing on the placement of additional drugs on Schedule A. Comments from HHS would only be considered after temporary or permanent scheduling has already been initiated. H.R. 2851 would expand mandatory minimum sentences for those convicted of drug offenses. This legislation lacks clarity that could result in thousands of Americans being incarcerated, potentially for life sentences, thus exacerbating an already over-populated prison system. The opioid crisis is ravaging communities throughout the United States. Instead of putting resources into treatment centers and educating families and people impacted on how to help their loved ones, this legislation seeks to incarcerate Americans. Those suffering from opioid addiction need treatment and proper medical care, not more laws that will simply put them behind bars. The Rule, which was adopted on Wednesday, provides for one hour of general debate and provides for consideration of 4 amendments. The amendments are: Griffith/Raskin/Jackson Lee Amendment. Incorporates an inter-agency agreement transmitted to Congress by the Office of National Drug Control Policy (ONDCP), the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ). Specifically, the amendment clarifies when the Attorney General can temporarily and permanently schedule a drug or substance to the newly created schedule A and prevents the Attorney General from permanently scheduling that drug or substance if the Secretary of HHS determines that there is not sufficient potential for abuse. The amendment also clarifies under what circumstances an applicant for a schedule A registration may continue to conduct research with such schedule A substance while their application is pending, among other research accommodations. Jackson Lee Amendment. Strikes the sentencing commission provision. Sean Maloney Amendment. Requires the Drug Enforcement Administration to make available a report on controlled substance analogues sold by means of the internet. Thornberry Amendment. Specifies the factors to determine whether a controlled substance analogue is intended for human consumption, thus making it easier for law enforcement and health officials to take action against synthetic drug manufacturers, distributors, and sellers. Bill Text for H.R. 2851: PDF Version Background for H.R. 2851: House Report (HTML Version) House Report (PDF Version)

THE DAILY QUOTE
“On Tuesday, the Bureau of Labor Statistics released a sobering report: Year-over-year, the real average hourly earnings number has dropped by 0.1 percent… The tax bill, which Trump promised would serve as ‘rocket fuel’ for the economy, hasn’t led to any liftoff whatsoever in real average hourly earnings. Since December, the number hasn’t gone up; year over year, it hasn’t gone up.” - Washington Post, 6/14/2018

THE DAILY QUOTE

“On Tuesday, the Bureau of Labor Statistics released a sobering report: Year-over-year, the real average hourly earnings number has dropped by 0.1 percent… The tax bill, which Trump promised would serve as ‘rocket fuel’ for the economy, hasn’t led to any liftoff whatsoever in real average hourly earnings. Since December, the number hasn’t gone up; year over year, it hasn’t gone up.”

- Washington Post, 6/14/2018