Newly controversial opioid enforcement law under fire

Newly controversial opioid enforcement law under fire
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Several lawmakers are pushing to repeal or revisit a law critics say enables the flow of deadly and addictive opioids, hours after President Trump’s drug czar nominee withdrew his name amid the controversy.

The little-noticed legislation is reportedly undermining the Drug Enforcement Administration’s (DEA) ability to police drug distributors and was heavily influenced by industry lobbying, according to a joint Washington Post and “60 Minutes” investigation published Sunday.  The report was based in part on a high-ranking whistleblower within the DEA.

The controversy comes as the nation is grappling with an opioid crisis, with the rate of overdoses from prescription drugs and heroin quadrupling since 1999.  Lawmakers are taking a new look at the law following the report, with several seeking an outright repeal.

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“Of course it should be fixed,” Sen. John McCainJohn Sidney McCainPence met with silence after mentioning Trump in Munich speech Mark Kelly's campaign raises over M in days after launching Senate bid The Hill's 12:30 Report — Presented by Kidney Care Partners — Lawmakers wait for Trump's next move on border deal MORE (R-Ariz.) said.

The Ensuring Patient Access and Effective Drug Enforcement Act passed in 2016 with little fanfare, and no objections in the House or the Senate. President Obama then signed it into law.

By raising the standard of evidence required by DEA, critics say it weakened their authority to prosecute drug distributors that were providing opioids onto the market with little oversight, according to the investigation.

Asked if the bill should be repealed or amended, Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellDems ready aggressive response to Trump emergency order, as GOP splinters Green New Deal Resolution invites big picture governing ‘Contingency’ spending in 3B budget deal comes under fire MORE (R-Ky.) said: “Well it passed unanimously, apparently with the approval of President Obama and his DEA. You’ll have to ask the sponsors about it as to what the way forward will be.”

Several lawmakers are caught in the crossfire.

Rep. Tom Marino (R-Pa.) was the legislation’s chief advocate in the House, and on Tuesday withdrew his nomination to lead the Office of National Drug Control Policy.

Marino in a statement stood by his work on the bill, blamed the news media and a disgruntled DEA employee for the controversy and said he was stepping down to avoid being a distraction to Trump’s agenda.

“Given these facts and the importance of this legislation, [I] find it sad and disheartening that the news media have left behind any concept of balanced reporting and credited conspiracy theories from individuals seeking to avert blame from their own failures to address the opioid crisis that proliferated during their tenure,” he said.

Confirming Marino, an early backer of President Trump, would put moderate Republicans in states with high rates of deaths from opioids — such as Sens. Shelley Moore CapitoShelley Wellons Moore CapitoDems slam EPA plan for fighting drinking water contaminants GOP senator: Border deal is 'a very good compromise' Push to include contractor back pay in funding deal hits GOP roadblock MORE (R-W.Va.) and Rob PortmanRobert (Rob) Jones PortmanSteel lobby's PR blitz can't paper over damaging effects of tariffs Trade official warns senators of obstacles to quick China deal Lawmakers divided over how to end shutdowns for good MORE (R-Ohio) — in a tough spot.

Capito said the law should be repealed and that she believes there’s momentum to do so.

Sen. Claire McCaskillClaire Conner McCaskillMcCaskill: Lindsey Graham 'has lost his mind' Trey Gowdy joins Fox News as a contributor The Hill’s 12:30 Report: Trump AG pick Barr grilled at hearing | Judge rules against census citizenship question | McConnell blocks second House bill to reopen government MORE (D-Mo.) introduced legislation to repeal the bill on Monday, and Senate Minority Whip Dick DurbinRichard (Dick) Joseph DurbinTrump praises law enforcement response to shooting at Illinois business Five dead in shooting at manufacturing plant in Aurora, Illinois ‘Contingency’ spending in 3B budget deal comes under fire MORE (D-Ill.) also backs repeal.

But not all lawmakers are seeking to move that fast.
Sen. Orrin HatchOrrin Grant HatchOrrin Hatch Foundation seeking million in taxpayer money to fund new center in his honor Mitch McConnell has shown the nation his version of power grab Overnight Health Care — Presented by PCMA — Utah Senate votes to scale back Medicaid expansion | Virginia abortion bill reignites debate | Grassley invites drug execs to testify | Conservative groups push back on e-cig crackdown MORE (R-Utah) was a sponsor of the original bill in the Senate. He’s referred to the report as flawed, and took to the Senate floor Monday to “set the record straight.” 

Hatch said he negotiated the legislation with the DEA and that “DEA and [Department of Justice] themselves generated the language that critics now claim is so problematic.”

But, he told The Hill, he’s “open to try to resolve the problems.”

“I’m not against a bill that solves the problems in the right way,” he said.

Another sponsor, Sen. Sheldon WhitehouseSheldon WhitehousePence met with silence after mentioning Trump in Munich speech New battle lines in war over Trump’s judicial picks Dems probing whether NRA made illegal contributions to Trump MORE (D-R.I.), is standing by the legislation, according to a spokesman.

“The DEA has provided Congress with no evidence that the law’s provisions have diminished the agency’s ability to crack down on bad actors,” the spokesman said, but added if a report on implementation raises concerns, the senator would revisit the issue.

The Judiciary Committee is now exploring holding an oversight hearing to examine if changes should be made and if the agency’s positions on the law have changed, Taylor Foy, a spokesman for the panel’s chairman, Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyHigh stakes as Trump, Dems open drug price talks Senate approves border bill that prevents shutdown Grassley raises voice after McConnell interrupts Senate speech MORE (R-Iowa), wrote in an email.

He added that the DEA and Justice Department were both consulted on the bill at the time and both approved of it.  The Washington Post-“60 Minutes” story suggested several DEA officials opposed the bill but their opinions were squashed by a confluence of factors.

Others say the law should at least be revisited.

“I’m a little surprised that it passed unanimously in both houses, was signed by President Obama and got no opposition from the DEA at the time,” Sen. Pat ToomeyPatrick (Pat) Joseph ToomeyOvernight Defense: Pick for South Korean envoy splits with Trump on nuclear threat | McCain blasts move to suspend Korean military exercises | White House defends Trump salute of North Korean general WH backpedals on Trump's 'due process' remark on guns Top GOP candidate drops out of Ohio Senate race MORE (R-Pa.) said. “That’s not the way controversial legislation usually ends up, but hey, if there’s problems, then we ought to revisit them.”

Portman was a leader in the effort to pass the Comprehensive Addiction and Recovery Act, a bright spot of bipartisanship last congressional session that authorized grants to battle the crisis.

He aired concerns with what the bill Marino sponsored appears to do.

“The DEA should be able to effectively go after bad actors and I think Congress should re-examine this issue,” Portman said in an emailed statement.

He touted his bill that would make it easier to stop mail shipments of powerful synthetic opioids.