[W]ASHINGTON — Rep. Peter Welch, D-Vt., will push Congress to take action on recommendations to tweak a 2016 law that some say hindered law enforcement’s ability to battle the opioid epidemic.
A joint investigation by the Washington Post and “60 Minutes” last year raised concerns that the new policy restricted too severely the Justice Department’s ability to immediately suspend prescription drug shipments that are suspected of being diverted to the black market.
Welch was one of three Democrats in Congress to co-sponsor the legislation, which passed both chambers with unanimous support. According to the investigation, the bill had heavy backing from the pharmaceutical industry.
In a letter sent late last month, Assistant Attorney General Stephen Boyd recommended making two changes to the law.
One would change the standard for using immediate suspension orders from “substantial likelihood” to “probable cause,” a standard that is more widely used. Amending the language would put the focus on whether there is an “imminent danger” to public health or safety.
The other suggestion would be to remove an administrative step for corrective action plans in drug-diversion cases that the Justice Department considers duplicative.
Welch said Tuesday he plans to push for lawmakers to make the changes Boyd suggested.
“I think those are sensible recommendations,” he said.
He plans to introduce a bill that would amend the current law with the Justice Department suggestions. He will also encourage leadership on the House Energy and Commerce Committee to include the changes as part of an opioid package the panel is currently working on, which he said would likely expedite the changes.
Welch called for review of the law following the media report in October, and at a hearing questioned the Justice Department’s Drug Enforcement Administration (DEA) about how the policy had affected enforcement.
He joined in sending a letter in January following up three months after the hearing, pressing the DEA for suggested fixes to the law.
Welch has raised questions about whether the 2016 law in fact impeded the DEA’s ability to use the immediate suspension orders. He points to data showing that the agency had been reducing the use of those orders in years leading up to the law.
There were a total of 65 in 2011, but the number steadily dropped over the following years to a low of five in 2015 — the year before the law was enacted, Welch said.
However, he said he is supportive of the recommendations the Justice Department offered.
“Obviously we want to give the benefit of the doubt to the DEA in terms of what language would be helpful,” he said.
Energy and Commerce Chair Greg Walden, R-Ore., who Welch said has been “an ally” in trying to address problems with the legislation, expressed interest in reviewing the Justice recommendations in a statement Tuesday.
“After four months of repeated requests, DOJ finally offered specific feedback to this committee’s questions, stating they believe the law does impede the DEA’s ability to do its job,” he said. “We appreciate their guidance and are actively working with DOJ and stakeholders to address their concerns.”
