[Congressional Record Volume 159, Number 103 (Thursday, July 18, 2013)]
[Senate]
[Pages S5801-S5803]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. FEINSTEIN (for herself, Ms. Klobuchar, Mr. Manchin, and
Mr. Schumer):
S. 1323. A bill to address the continued threat posed by dangerous
synthetic drugs by amending the Controlled Substances Act relating to
controlled substance analogues; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise to introduce the Protecting Our
Youth From Dangerous Synthetic Drugs Act of 2013 along with my
colleagues and friends, Senators Klobuchar, Manchin and Schumer. This
bill will provide law enforcement and prosecutors with an important new
tool to address the growing threat posed by dangerous, synthetic drugs.
Synthetic drugs are unregulated substances designed by scientists to
mimic the effects of controlled substances. They are packaged in a
manner which is intended to appeal to our Nation's youth and are sold
at gas stations, head shops and over the Internet.
Manufacturers of these products boldly seek to circumvent Federal law
by marketing their merchandise as innocuous items like potpourri,
incense, bath salts and plant food and stating that they are ``not
intended for human consumption.'' Make no mistake; the individuals who
produce, distribute and sell these products are nothing more than drug
traffickers who seek to profit from the human use of these drug
products.
When Congress outlawed several of these synthetic drugs last year,
traffickers did not stop producing them. Instead, they made slight
alterations to the chemical structure of the illegal drugs to skirt the
law. By doing this, the traffickers produced ``controlled substance
analogues.''
The bill I am introducing today will give law enforcement the tools
they need to prosecute individuals who produce and distribute
controlled substance analogues.
Many of the controlled substance analogues on the market today are
designed to mimic the effects of THC, the principal chemical in
marijuana. The Monitoring the Future survey, which tracks the drug-
using behaviors of adolescents, began studying the use of synthetic
marijuana in in 2011. Their 2012 report found that 11.3 percent of 12th
graders had used synthetic marijuana in the prior 12 months. Aside from
alcohol and tobacco, synthetic marijuana was the second most widely
used drug among 12th graders after marijuana.
There are many other ``families'' of controlled substance analogues
which
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have been encountered in the market place. They mimic the effects of
drugs like ecstasy, PCP and LSD and therefore produce strong stimulant
and/or hallucinogenic effects when ingested.
Altogether, there are an estimated 200 controlled substance analogues
available today. The threat is global and is rapidly expanding.
Fortunately, the Obama Administration has made progress combatting
this threat. Two nationwide operations targeting designer synthetic
drugs--one in 2012 dubbed Operation LogJam and the other which
culminated approximately two weeks ago named Operation Synergy--
demonstrate this progress. These operations resulted in at least 318
arrests; 681 executed search warrants, including at least 29 for drug
manufacturing facilities; $93 million in cash and assets seized; and
the removal of 10 tons of synthetic drugs from the supply chain.
Today, I am introducing a bill that will put these drug traffickers
on notice that if they seek to develop products containing controlled
substance analogues that put our nation's youth in harm's way, then
they will be brought to justice. This will be accomplished by creating
a new tool by which the administration can designate, and publish, an
administrative list of outlawed controlled substance analogues.
First, the Protecting Our Youth from Dangerous Synthetic Drugs Act of
2013 will establish an inter-agency committee of scientists, headed by
the Drug Enforcement Administration, DEA, which will be responsible for
establishing and maintaining an administrative list of controlled
substance analogues. The Committee is structured so that it can respond
quickly and robustly to the threat.
Second, DEA officials have informed my staff that virtually all of
these controlled substance analogues arrive as bulk powders from
outside our borders. My bill will make it illegal to import a
controlled substance analogue on the list unless the importation is
intended for non-human use.
Third, the bill directs the U.S. Sentencing Commission to review, and
if appropriate, amend the federal sentencing guidelines for violations
of the Controlled Substances Act pertaining to controlled substance
analogues.
Finally, it is important to note that controlled substance analogues
are not controlled substances, meaning that the registration, reporting
and recordkeeping requirements of the Controlled Substances Act do not
apply to those who seek to perform bona fide scientific research or use
a controlled substance analogue for non-human industrial applications.
This bill sends a strong message to drug traffickers who continue to
circumvent our Nation's laws. Congress recognizes that no matter how
you alter the chemical structure of synthetic drugs to get around the
law, they remain dangerous and should not be available for human
consumption.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1323
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 2013''.
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
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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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