[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.
                                 ______