Providing for Congressional Disapproval Under Chapter 8 of Title United States Code, of the Rule Submitted By the Bureau of Ocean Energy Management Relating to ``Protection of Marine Archaeological

Floor Speech

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Mr. BOOKER. Mr. President, we are dealing with a crisis that all hundred Members of this body understand has taken the lives of hundreds and hundreds of thousands of people, and that is the scourge of fentanyl.

One of the things we have been doing as a result of that is temporarily scheduling fentanyl analogs, these horrific substances that are manufactured in order to pour onto our streets. Such a small amount of this drug--it literally could be the size of one pill--as they say, one pill can kill. It is very important to me that we see the temporary scheduling of this continue until the Senate finds a more wholesome response to this crisis. We must rise to meet this crisis in a wholesome way, in way that meets the gravity of the crisis and does not just continue to do the things we have done over and over again.

So as we are working in a bipartisan way in the Senate Judiciary Committee with the understanding that the temporary scheduling may expire in the coming weeks--in order to remove that pressure and allow us to work in a bipartisan fashion, I have come to the floor today to ask for unanimous consent that we continue that temporary scheduling while we work in a bipartisan fashion to make sure that we give the most fulsome response possible to this crisis.

724, the Temporary Extension of Fentanyl-Related Substances Scheduling Act, which is at the desk; I further ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.

I thank the Presiding Officer for recognizing me. I truly appreciate that, but this gets me excited because this is the point that I want to illustrate.

My colleague is far smarter than I on medical issues. I could not have passed organic chem at Stanford. I am sure he passed it with flying colors. Of my colleague, who is truly one of my more favorite colleagues in this place because of how rational and pragmatic he is on approaching real crises like this, I am begging and hoping he will listen to me, and I am begging this body to listen to me.

We have had a fentanyl crisis in this country of monumental proportions. It is one of the greatest killers in America. Fentanyl and fentanyl analogues have literally been responsible for lowering the life expectancy for Americans. It is one of the greatest crises we have seen to human life in America in my lifetime. There is so much data- driven evidence and evidence-based answers to this, of how we can approach this crisis, but yet the only bill that we seek to do is a bill that does what we have already done on a temporary basis. I support classwide scheduling for fentanyl analogues, but here we have this bill, the HALT bill, that my colleague pointed out did pass in a bipartisan way and now is in the Judiciary Committee.

The reason I am down here is not to drag my dear friend down here because he is a busy man, and I wanted to go over to him before this conversation started to apologize, but I needed to make this point on the floor in this kind of standoff.

He is asking us to pass the HALT bill, which would give classwide scheduling to fentanyl analogues, which we have already done. For years, it has been temporarily scheduled, and what has happened to opioid deaths in America when we have used this that law enforcement has called for, ``Schedule. Schedule. Give us these tools''? Well, we have had these tools, and deaths in the Presiding Officer's State, deaths in my colleagues' States, and deaths in my State have continued to go up.

Now, here is the beauty of the conversation we are having and why we should be passing the temporary one to let us go back to work, and I know this because I know his heart and I know your heart. There are evidence-based, bipartisan amendments to that HALT Act that are widely supported. My colleague's partner Senator from his State, in committee, said: I don't understand why we are not putting the test strips on this. Why? Because kids who are using fentanyl right now don't know that they are using this fentanyl analogue. Kids in your State and my State think they are taking Adderall, not realizing that this has those toxic things that can kill.

Here we were in committee, with a bipartisan test strip bill, and my colleague's partner Senator said: This makes sense to me. And the one excuse they were using for not doing a bipartisan bill to give us more of a response than doing what we are already doing and wiping our hands and saying, ``We did great things,'' was saying, ``We didn't have time'' because of this artificial deadline.

So I am down here to say: Wait a minute. Let's do the temporary extension and take time to do bipartisan bills.

But don't take my word for it. Take the word of the Republican witnesses who came to our hearing. We just had a painful hearing of law enforcement leaders and other Republican witnesses who told us the scourges of fentanyl that we all know. Those people all said that this can't be all Congress does; that the HALT bill cannot be our only response because the whole bill permanently schedules what we have already scheduled temporarily.

I believe in the 99 Members here who know that our response to this crisis cannot be what we have already been doing for the last 5 years when there are bipartisan bills that we could be putting on this bill to show America that we are not going to just puff ourselves up and make permanent something that was already done in a temporary way.

Let me read some of this pleading from Republican witnesses.

Republican witness Jaime Puerta, a courageous parent who lost his child to an overdose, testified:

It is imperative that we educate our children on the dangers of any kind of drug use due to the lethality that can come with any kind of experimentation or self-medication . . . we must have specific fentanyl education introduced to . . . our schools as soon as possible; otherwise, more children will . . . die.

That doesn't even cost money.

We could be doing things through the Department of Education in supporting education campaigns. Bipartisan support for that idea--is it on the HALT bill? No. Let me go on.

Republican witness Sheriff Donald Barnes highlighted the successes of a multifaceted strategy to address both supply and demand for illicit drugs. These are the bullet points he said that we should do, imploring Congress: Don't just do what you have already done. Do something more. Give law enforcement officers naloxone to reduce overdoses; education for fifth and sixth graders; ensure the continuity of care and successful reintegration of people who are returning to the community from the scourge of these drugs.

Witness after witness--from law enforcement to scientists to doctors--have offered up bipartisan supportive ideas so that our response to one of the biggest scourges of our country isn't just to do what we have been doing for the last half decade or more.

I have got bipartisan bills on the committee, and my colleagues from Texas have bipartisan bills on the committee, and the only excuse that people gave for us not to have more consideration was: Oh, well, the deadline is coming up in a few weeks for temporary passage. But I realize we have passed temporary scheduling by unanimous consent before. It is not hard to do.

I beg of my colleagues--I beg of my colleague who is here and others: We have a moving bill that has to go back to the House because we have already added a managers' package to it. I promise you, if we add truly bipartisan things that give a more fulsome approach--a more comprehensive approach--to stop our children from dying, it will pass in the Republican-controlled House of Representatives because it was a bipartisan year. I am in agony over the deaths in New Jersey. I have met with parents who have looked at me and said: What are you going to do?

Let me read to you the words from one of these parents.

Susan Ousterman, who is a courageous mother who lost her son to an overdose--I beg of my colleagues listen to this--said:

I urge you to stop crafting policies based on stigma, false narratives, and political loyalty, and most of all, stop using our dead children to justify these failed approaches. Harsher penalties for drugs, like those for the HALT Fentanyl Act, do not deter drug use. They only push people into riskier behaviors, increase the likelihood that someone will die rather than call for help, and make our communities less safe. How many more Americans must die before we finally admit that the War on Drugs was a failure?

I am a former mayor. I oversaw a police department that had to answer the calls with children dying on floors. They had these law enforcement tools. They would tell me more needs to be done. The HALT Fentanyl Act will get passed. Fentanyl analogues will never again be unscheduled in our country. That is not the challenge right now to save lives. The challenge to save lives in America right now is, What are we going to do more than is being done right now? Fentanyl analogues are scheduled right now, and if the only thing we can do--the only bill that is moving through here--is to just do what we have been doing, shame on us.

I am asking this body to give time. Extend the temporary scheduling so that we can work in a bipartisan fashion, like Senator Kennedy, who said: I want more time to look at this. This seems rational; this seems logical; it seems like something we should do. Then, when bipartisan Senators step up like that and say, ``I want to work with the man or the woman across the aisle,'' we will have the time to do it.

So, God, I am sorry that my friend who is truly a great American leader and one of the smarter people in here--I am sorry that he objected to my bill, but I will stand up in our committee meeting on Thursday and make this same plea; that we don't just pass the HALT Fentanyl Act but that we actually put things in it that aren't partisan ideas. They are the ones that law enforcement is calling for. They are the ones that scientists are calling for. They are the ones that doctors are calling for--bipartisan bills.

Dear God, the parents of dead children are calling for us to step up and do more than the same old thing we have been doing around the War on Drugs since I was a kid myself.

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Mr. BOOKER. Mr. President, I just want to clarify because my colleague pounded on the desk, and that was hard for me to watch. I am not here because we haven't been trying to get a bipartisan consensus on this and calling and doing all the work. I have watched this now for three Congresses. Number 2, I am here not because I am trying to stop the HALT Act. I am here because I heard two Republicans in our committee say the only reason we can't consider bipartisan approaches, even if they are good ideas, is because of the urgency of this moment.

All I am saying is--this is, obviously, a fait accompli--I just don't want my colleague to walk away thinking this is some kind of stunt. This is my attempt to take away an argument for us to do the work on Thursday. Clearly, it has been objected to. I am going to go back and try my hardest on Thursday to do something more.

The one prediction--I don't want to call it a ``prediction.'' But my colleague says we have a lot more time. I have watched now for at least three Congresses that I have worked on trying to get a larger approach to meet the fentanyl crisis; and in three Congresses, this body has failed to rise to the challenge.

I am dying to be here when my colleague tells me: I told you so--and I give him permission to do that--that this body would do something beyond just scheduling. Because, as I have read, law enforcement, scientists, doctors, and parents are not just asking for the HALT Fentanyl Act; they are asking for us to do more to save lives.

Now, I have only been here 12 years, but I know the window is open to get things done when something is a must-pass bill to move. This is an opportunity to put some things on to show the larger public that we are not going to do what we always do.

I am really worried when this window closes, there will be a lot of people thumping their chests and saying: We have dealt with the fentanyl crisis, and all these other ideas won't have vehicles to go through.

I will not stop working until this body does more than just scheduling what has already been scheduled. People on both sides of the aisle are demanding us to do more. And we don't need to go left; we don't need to go right. We need to do the commonsense, evidence-based approaches that are being supported and called for. In fact, some of the commonsense amendments are already bipartisan supported by Senators. So I am grateful.

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