[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

[[Page S5802]]

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

[[Page S5803]]

     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.

[[Page S5804]]

  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.

                          ____________________