,,ii #aacth ,,congress #ast ,session ,s4 #acbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ah1 #bjac ,mrs4 ,feinstein 7for herself1 ,ms4 ,klobuchar1 ,mr4 ,manchin1 and ,mr4 ,schumer7 introduced the following bill2 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 analogues4 #a4 ,short title ,this ,act may be cited as the ,protecting ,our ,youth from ,dangerous ,synthetic ,drugs ,act of #bjac4 #b4 ,enforcement 7a7 ,in general ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb7cb71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,except as provided in subparagraph 7,c71 the term controlled substance analogue means-- 7i7 a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule ,i or ,,ii-- 7,i7 which has a stimulant1 depressant1 or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant1 depressant1 or hallucinogenic effect on the central nervous system of a controlled substance in schedule ,i or ,,ii2 or 7,,ii7 with respect to a particular person1 which such person represents or intends to have a stimulant1 depressant1 or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant1 depressant1 or hallucinogenic effect on the central nervous system of a controlled substance in schedule ,i or ,,ii2 or 7ii7 a substance designated as a controlled substance analogue by the ,controlled ,substance ,analogue ,committee in accordance with section #bja7;i74 2 and 7#b7 in section #bja1 by adding at the end the following3 7i7 7#a7 ,the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services1 shall establish an interagency committee1 to be known as the ,controlled ,substance ,analogue ,committee 7referred to in this subsection as the ,committee74 7#b7 ,the ,committee shall be-- 7,a7 headed by the ,administrator of the ,drug ,enforcement ,administration2 and 7,b7 comprised of scientific experts in the fields of chemistry and pharmacology from-- 7i7 the ,drug ,enforcement ,administration2 7ii7 the ,national ,institute on ,drug ,abuse2 7iii7 the ,centers for ,disease ,control and ,prevention2 and 7iv7 any other ,federal agency determined by the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services1 to be appropriate4 7#c7 7,a7 ,the ,committee shall convene1 on an as needed basis1 to establish and maintain a list of controlled substance analogues4 7,b7 ,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 body1 in such a manner as to make it likely that the substance will1 or can be reasonably expected to have a potential for abuse4 7,c7 ,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 subsection4 7,d7 ,the ,attorney ,general shall1 through rulemaking1 establish procedures of operation for the ,committee4 7#d7 7,a7 ,not later than #cj days before each meeting of the ,committee1 the ,attorney ,general shall submit to the ,secretary of ,health and ,human ,services a notice of the meeting of the ,committee1 which shall include-- 7i7 a list of the substances to be considered by the ,committee during the meeting for designation as a controlled substance analogue2 and 7ii7 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 7i7 is in effect under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee74 7,b7 ,not later than #cj days after the date on which the ,secretary of ,health and ,human ,services receives notice under subparagraph 7,a71 the ,secretary shall submit to the ,attorney ,general a written response to the request described under subparagraph 7,a77ii74 ,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 analogue4 7#e7 7,a7 ,the ,attorney ,general shall publish in the ,federal ,register any designation made by the ,committee under this subsection4 7,b7 ,the ,administrator of the ,drug ,enforcement ,administration shall publish1 on the website of the ,drug ,enforcement ,administration1 a description of each designation made by the ,committee under this subsection1 which shall include-- 7i7 the chemical and common name of the controlled substance analogue2 7ii7 the effective date of the determination1 as described in paragraph 7#f77;,a72 and 7iii7 any schedule ,i or ,,ii controlled substance that the ,committee has determined a substance is an analogue of4 7#f7 ,a designation made by the ,committee under this subsection shall take effect on the date that is #cj days after the date on which the designation is published in the ,federal ,register under paragraph 7#e77;,a74 7#g7 ,if a substance designated as a controlled substance analogue by the ,committee under this section is subsequently scheduled through a rulemaking proceeding under subsection 7a71 7d71 or 7h71 the substance shall be automatically removed from the controlled substance analogue list4 7#h7 ,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 law4 4 7b7 ,funding ,section #aaa7;b77#b77;,b7 of ,public ,law #ajb-cie 7#ba ,u4,s4,c4 #hhf;a7#b77;,b77 is amended by inserting controlled substance analogues1 after substances14 #c4 ,importation of controlled substance analogues ,section #ajjb of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ieb7 is amended-- 7#a7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,it shall be unlawful to import into the customs territory of the ,united ,states from any place outside thereof 7but within the ,united ,states71 or to import into the ,united ,states from any place outside thereof1 any controlled substance analogue designated pursuant to section #bja7;i7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7;i77 unless the controlled substance analogue is imported pursuant to such notification or declaration as the ,attorney ,general may by regulation prescribe4 4 #d4 ,directive to ,sentencing ,commission 7a7 ,in general ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements to ensure the guidelines and policy statements provide adequate penalties for any offense involving the unlawful manufacturing1 importing1 exporting1 or trafficking of controlled substance analogues under part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 or part ,a of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq47 and similar offenses1 including unlawful possession1 possession with intent to commit any of the foregoing offenses1 and attempt and conspiracy to commit any of the foregoing offenses4 7b7 ,commission duties ,in carrying out this section1 the ,sentencing ,commission shall-- 7#a7 ensure that the sentences1 guidelines1 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 statements2 7#b7 make any necessary conforming changes to the ,federal sentencing guidelines2 and 7#c7 assure that the guidelines adequately meet the purposes of sentencing as set forth in section #ceec7;a77#b7 of title #ah1 ,united ,states ,code4