[Congressional Record Volume 159, Number 103 (Thursday, July 18, 2013)]
[Senate]
[Pages S5801-S5804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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.
______
By Mr. KIRK (for himself and Mr. Durbin):
S. 1328. A bill to authorize the Secretary of the Interior to conduct
a special resource study of the archeological site and surrounding land
of the New Philadelphia town site in the State of Illinois, and for
other purposes; to the Committee on Energy and Natural Resources.
Mr. KIRK. Mr. President, I am pleased to join with Senator Durbin to
introduce a bill in support of New Philadelphia, the first town founded
by a freed African-American. This bipartisan legislation directs the
Secretary of the Interior to conduct a special resource study of New
Philadelphia to determine the feasibility of designating the area as a
unit of the National Park System.
In 1836, Frank McWorter platted and officially registered the town of
New Philadelphia, the first known town founded by a freed African-
American before the Civil War. After saving money from neighboring
labor jobs to purchase his own freedom and the freedom of fifteen
additional family members, Mr. McWorter purchased a plot of land
between the Illinois and Mississippi Rivers in Pike County to establish
New Philadelphia. The town became a station along the Underground
Railroad and was a community where European-American, freeborn African-
Americans and formerly enslaved individuals were able to live together
during a time of intense racial strife.
In 2005, the town of New Philadelphia was designated as a National
Historic Place and in 2009 the town was designated a National Historic
Landmark. Further designating New Philadelphia as a unit of the
National Park System will ensure that its historical legacy is
preserved as an inspiring example of freedom and opportunity for future
generations.
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. 1328
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 ``New Philadelphia, Illinois,
Study Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Frank McWorter, an enslaved man, bought his freedom and
the freedom of 15 family members by mining for crude niter in
Kentucky caves and processing the mined material into
saltpeter;
(2) New Philadelphia, founded in 1836 by Frank McWorter,
was the first town planned and legally registered by a free
African-American before the Civil War;
(3) the first railroad constructed in the area of New
Philadelphia bypassed New Philadelphia, which led to the
decline of New Philadelphia; and
(4) the New Philadelphia site--
(A) is a registered National Historic Landmark;
(B) is covered by farmland; and
(C) does not contain any original buildings of the town or
the McWorter farm and home that are visible above ground.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``Study Area'' means the New
Philadelphia archeological site and the surrounding land in
the State of Illinois.
SEC. 4. SPECIAL RESOURCE STUDY.
(a) Study.--The Secretary shall conduct a special resource
study of the Study Area.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the Study Area;
(2) determine the suitability and feasibility of
designating the Study Area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the Study Area by--
(A) Federal, State, or local governmental entities; or
(B) private and nonprofit organizations;
(4) consult with--
(A) interested Federal, State, or local governmental
entities;
(B) private and nonprofit organizations; or
(C) any other interested individuals; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(3).
(c) Applicable Law.--The study required under subsection
(a) shall be conducted in accordance with section 8 of Public
Law 91-383 (16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which
funds are first made available for the study under subsection
(a), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report
containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
(e) Funding.--The study authorized under this section shall
be carried out using existing funds of the National Park
Service
______
By Ms. COLLINS (for herself and Mr. Schumer):
S. 1332. A bill to amend title XVIII of the Social Security Act to
ensure more timely access to home health services for Medicare
beneficiaries under the Medicare program; to the Committee on Finance
Ms. COLLINS. Mr. President, I rise today on behalf of myself and
Senator Schumer to introduce legislation to ensure that our seniors and
disabled citizens have timely access to home health services under the
Medicare program.
Nurse practitioners, physician assistants, certified nurse midwives
and clinical nurse specialists are all playing increasingly important
roles in the delivery of health care services, particularly in rural
and medically underserved areas of our country where physicians may be
in scarce supply. In recognition of their growing role, Congress, in
1997, authorized Medicare to begin paying for physician services
provided by these health professionals as long as those services are
within their scope of practice under state law.
Despite their expanded role, these advanced practice registered
nurses and physician assistants are currently unable to order home
health services for their Medicare patients. Under current law, only
physicians are allowed to certify or initiate home health care for
Medicare patients, even though they may not be as familiar with the
patient's case as the non-physician provider. In fact, in many cases,
the certifying physician may not even have a relationship with the
patient and must rely upon the input of the nurse practitioner,
physician assistant, clinical nurse specialist or certified nurse
midwife to order the medically necessary home health care. At best,
this requirement adds more paperwork and a number of unnecessary steps
to the process before home health care can be provided. At worst, it
can lead to needless delays in getting Medicare patients the home
health care they need simply because a physician is not readily
available to sign the form.
The inability of advanced practice registered nurses and physician
assistants to order home health care is particularly burdensome for
Medicare beneficiaries in medically underserved areas, where these
providers may be the only health care professionals available. For
example, needed home health care was delayed by more than a week for a
Medicare patient in Nevada because the physician assistant was the only
health care professional serving the patient's small town, and the
supervising physician was located 60 miles away.
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A nurse practitioner told me about another case in which her
collaborating physician had just lost her father and was not available.
As a consequence, the patient experienced a two-day delay in getting
needed care while they waited to get the paperwork signed by another
physician. Another nurse practitioner pointed out that it is ridiculous
that she can order physical and occupational therapy in a subacute
facility but cannot order home health care. One of her patients had to
wait eleven days after being discharged before his physical and
occupational therapy could continue simply because the home health
agency had difficulty finding a physician to certify the continuation
of the same therapy that the nurse practitioner had been able to
authorize when the patient was in the facility.
The Home Health Care planning Improvement Act will help to ensure
that our Medicare beneficiaries get the home health care that they need
when they need it by allowing physician assistants, nurse
practitioners, clinical nurse specialists and certified nurse midwives
to order home health services. Our legislation is supported by the
National Association for Home Care and Hospice, the American Nurses
Association, the American Academy of Physician Assistants, the American
College of Nurse Practitioners, the American College of Nurse Midwives,
the American Academy of Nurse Practitioners and the Visiting Nurse
Associations of America. I urge all of my colleagues to join us as
cosponsors of this important legislation.
____________________