[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 36 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 36

 To address the continued threat posed by dangerous synthetic drugs by 
amending the Controlled Substances Act relating to controlled substance 
                               analogues.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2015

Mrs. Feinstein (for herself, Mrs. Shaheen, Ms. Ayotte, Mr. Schumer, Mr. 
Blumenthal, Ms. Klobuchar, Mrs. Boxer, Mr. Portman, and Mr. Whitehouse) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To address the continued threat posed by dangerous synthetic drugs by 
amending the Controlled Substances Act relating to controlled substance 
                               analogues.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Youth from Dangerous 
Synthetic Drugs Act of 2015''.

SEC. 2. ENFORCEMENT.

    (a) In General.--The Controlled Substances Act (21 U.S.C. 801 et 
seq.) is amended--
            (1) in section 102(32), by striking subparagraph (A) and 
        inserting the following:
            ``(A) Except as provided in subparagraph (C), the term 
        `controlled substance analogue' means--
                    ``(i) a substance whose chemical structure is 
                substantially similar to the chemical structure of a 
                controlled substance in schedule I or II--
                            ``(I) which has a stimulant, depressant, or 
                        hallucinogenic effect on the central nervous 
                        system that is substantially similar to or 
                        greater than the stimulant, depressant, or 
                        hallucinogenic effect on the central nervous 
                        system of a controlled substance in schedule I 
                        or II; or
                            ``(II) with respect to a particular person, 
                        which such person represents or intends to have 
                        a stimulant, depressant, or hallucinogenic 
                        effect on the central nervous system that is 
                        substantially similar to or greater than the 
                        stimulant, depressant, or hallucinogenic effect 
                        on the central nervous system of a controlled 
                        substance in schedule I or II; or
                    ``(ii) a substance designated as a controlled 
                substance analogue by the Controlled Substance Analogue 
                Committee in accordance with section 201(i).''; and
            (2) in section 201, by adding at the end the following:
    ``(i)(1) The Attorney General, in consultation with the Secretary 
of Health and Human Services, shall establish an interagency committee, 
to be known as the Controlled Substance Analogue Committee (referred to 
in this subsection as the `Committee').
    ``(2) The Committee shall be--
            ``(A) headed by the Administrator of the Drug Enforcement 
        Administration; and
            ``(B) comprised of scientific experts in the fields of 
        chemistry and pharmacology from--
                    ``(i) the Drug Enforcement Administration;
                    ``(ii) the National Institute on Drug Abuse;
                    ``(iii) the Centers for Disease Control and 
                Prevention; and
                    ``(iv) any other Federal agency determined by the 
                Attorney General, in consultation with the Secretary of 
                Health and Human Services, to be appropriate.
    ``(3)(A) The Committee shall convene, on an as needed basis, to 
establish and maintain a list of controlled substance analogues.
    ``(B) A substance may be designated as a controlled substance 
analogue by the Committee under this subsection if the substance is 
determined by the Committee to be similar to a schedule I or II 
controlled substance in either its chemical structure or its predictive 
effect on the body, in such a manner as to make it likely that the 
substance will, or can be reasonably expected to have a potential for 
abuse.
    ``(C) Evidence of human consumption by an individual or the public 
at large is not necessary before a substance may be designated as a 
controlled substance analogue under this subsection.
    ``(D) The Attorney General shall, through rulemaking, establish 
procedures of operation for the Committee.
    ``(4)(A) Not later than 30 days before each meeting of the 
Committee, the Attorney General shall submit to the Secretary of Health 
and Human Services a notice of the meeting of the Committee, which 
shall include--
            ``(i) a list of the substances to be considered by the 
        Committee during the meeting for designation as a controlled 
        substance analogue; and
            ``(ii) a request for the Secretary of Health and Human 
        Services to make a determination of whether an exemption or 
        approval for each substance listed under clause (i) is in 
        effect under section 505 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 355).
    ``(B) Not later than 30 days after the date on which the Secretary 
of Health and Human Services receives notice under subparagraph (A), 
the Secretary shall submit to the Attorney General a written response 
to the request described under subparagraph (A)(ii). The Committee 
shall consider the response submitted by the Secretary of Health and 
Human Services in determining whether to designate a substance 
considered by the Committee at the meeting as a controlled substance 
analogue.
    ``(5)(A) The Attorney General shall publish in the Federal Register 
any designation made by the Committee under this subsection.
    ``(B) The Administrator of the Drug Enforcement Administration 
shall publish, on the website of the Drug Enforcement Administration, a 
description of each designation made by the Committee under this 
subsection, which shall include--
            ``(i) the chemical and common name of the controlled 
        substance analogue;
            ``(ii) the effective date of the determination, as 
        described in paragraph (6)(A); and
            ``(iii) any schedule I or II controlled substance that the 
        Committee has determined a substance is an analogue of.
    ``(6) A designation made by the Committee under this subsection 
shall take effect on the date that is 30 days after the date on which 
the designation is published in the Federal Register under paragraph 
(5)(A).
    ``(7) If a substance designated as a controlled substance analogue 
by the Committee under this section is subsequently scheduled through a 
rulemaking proceeding under subsection (a), (d), or (h), the substance 
shall be automatically removed from the controlled substance analogue 
list.
    ``(8) If a defendant challenges the designation of a controlled 
substance analogue made by the Committee under this subsection the 
issue shall be considered a question of law.''.
    (b) Funding.--Section 111(b)(2)(B) of Public Law 102-395 (21 U.S.C. 
886a(2)(B)) is amended by inserting ``controlled substance analogues,'' 
after ``substances,''.

SEC. 3. IMPORTATION OF CONTROLLED SUBSTANCE ANALOGUES.

    Section 1002 of the Controlled Substances Import and Export Act (21 
U.S.C. 952) is amended--
            (1) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) It shall be unlawful to import into the customs territory of 
the United States from any place outside thereof (but within the United 
States), or to import into the United States from any place outside 
thereof, any controlled substance analogue designated pursuant to 
section 201(i) of the Controlled Substances Act (21 U.S.C. 811(i)) 
unless the controlled substance analogue is imported pursuant to such 
notification or declaration as the Attorney General may by regulation 
prescribe.''.

SEC. 4. DIRECTIVE TO SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and, if appropriate, amend the Federal sentencing 
guidelines and policy statements to ensure the guidelines and policy 
statements provide adequate penalties for any offense involving the 
unlawful manufacturing, importing, exporting, or trafficking of 
controlled substance analogues under part D of the Controlled 
Substances Act (21 U.S.C. 841 et seq.) or part A of the Controlled 
Substances Import and Export Act (21 U.S.C. 951 et seq.) and similar 
offenses, including unlawful possession, possession with intent to 
commit any of the foregoing offenses, and attempt and conspiracy to 
commit any of the foregoing offenses.
    (b) Commission Duties.--In carrying out this section, the 
Sentencing Commission shall--
            (1) ensure that the sentences, guidelines, and policy 
        statements relating to offenders convicted of these offenses 
        are appropriately severe and reasonably consistent with other 
        relevant directives and other Federal sentencing guidelines and 
        policy statements;
            (2) make any necessary conforming changes to the Federal 
        sentencing guidelines; and
            (3) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
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