,,ii  #aafth ,,congress  #ast ,session  
,s4 #bgfd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #ca1  
#bjai,mr4 ,grassley 7for himself1 ,ms4  
,ernst1 and ,mrs4 ,feinstein7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to amend the
 ,controlled ,substances ,act to clarify
 how controlled substance analogues that
 are imported or offered for import are 
to be regulated1 and for other purposes4
  #a4 ,short title2 table of contents   
7a7 ,short title ,this ,act may be cited
 as the ,stop the ,importation and      
,manufacturing of ,synthetic ,analogues 
,act of #bjai or ,,simsa4  7b7 ,table of
 contents ,the table of contents of this
 ,act is as follows3 ,sec4 #a4 ,short   
title2 table of contents4,sec4 #b4      
,establishment of ,schedule ,a4,sec4 #c4
 ,temporary and permanent scheduling of 
schedule ,a substances4,sec4 #d4        
,penalties4,sec4 #e4 ,false labeling of 
schedule ,a controlled substances4,sec4 

#f4 ,registration requirements for      
importers and exporters of schedule ,a  
substances4,sec4 #g4 ,additional        
conforming amendments4,sec4 #h4         
,sentencing review4,sec4 #i4 ,rules of  
construction4  #b4 ,establishment of    
,schedule ,a ,section #bjb of the       
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hab7 is amended-- 7#a7 in    
subsection 7a71 by striking five        
schedules of controlled substances1 to  
be known as schedules ,i1 ,,ii1 ,,iii1  
,,iv1 and ,v and inserting six schedules
 of controlled substances1 to be known  
as schedules ,i1 ,,ii1 ,,iii1 ,,iv1 ,v1 
and ,a2  7#b7 in subsection 7b71 by     
adding at the end the following3  7#f7  
,schedule ,a  7,a7 ,in general ,the drug
 or substance--  7i7 is or has been     
imported1 or is offered for import1 into
 the ,united ,states2  7ii7 has--  7,i7 
a chemical structure that is            
substantially similar to the chemical   
structure of a controlled substance in  
schedule ,i1 ,,ii1 ,,iii1 ,,iv1 or ,v2  

and  7,,ii7 an actual or predicted      
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 ,i1 ,,ii1 ,,iii1 ,,iv1 or  
,v2 and  7iii7 is not-- 7,i7 listed or  
otherwise included in any other schedule
 in this section or by regulation of the
 ,attorney ,general2 and  7,,ii7 with   
respect to a particular person1 subject 
to an exemption that is in effect for   
investigational use1 for that person1   
under section #eje of the ,federal      
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cee7 to the extent conduct   
with respect to such substance is       
pursuant to such exemption4  7,b7       
,predicted stimulant1 depressant1 or    
hallucinogenic effect ,for purpose of   
this paragraph1 a predicted stimulant1  
depressant1 or hallucinogenic effect on 
the central nervous system may be based 

on--  7i7 7,i7 the chemical structure2  
and  7,,ii7 7aa7 the structure activity 
relationships2 or  7bb7 binding receptor
 assays and other relevant scientific   
information about the substance2  7ii7  
7,i7 the current or relative potential  
for abuse of the substance2 and  7,,ii7 
the clandestine importation1            
manufacture1 or distribution1 or        
diversion from legitimate channels1 of  
the substance2 or  7iii7 the capacity of
 the substance to cause a state of      
dependence1 including physical or       
psychological dependence that is similar
 to or greater than that of a controlled
 substance in schedule ,i1 ,,ii1 ,,iii1 
,,iv1 or ,v4  2 and  7#c7 in subsection 
7c7-- 7,a7 in the matter preceding      
schedule ,i1 by striking ,,iv1 and ,v   
and inserting ,,iv1 ,v1 and ,a2 and     
7,b7 by adding at the end the following3
  ,schedule ,a ,any substance           
temporarily or permanently scheduled by 
the ,attorney ,general in accordance    
with section #bja7k74  4  #c4 ,temporary

 and permanent scheduling of schedule ,a
 substances ,section #bja of the        
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #haa7 is amended by adding at 
the end the following3  7k7 ,temporary  
and permanent scheduling of schedule ,a 
substances  7#a7 ,in general ,the       
,attorney ,general may issue a temporary
 order adding a drug or substance to    
schedule ,a if the ,attorney ,general   
finds that--  7,a7 the drug or other    
substance satisfies the criteria for    
being considered a schedule ,a          
substance2 and  7,b7 adding such drug or
 substance to schedule ,a will assist in
 preventing abuse of the drug or other  
substance4  7#b7 ,duration of temporary 
scheduling order ,a temporary scheduling
 order issued under paragraph 7#a7      
shall-- 7,a7 not take effect until #cj  
days after the date of the publication  
by the ,attorney ,general of a notice in
 the ,federal ,register of the intention
 to issue such order and the grounds    
upon which such order is to be issued2  

and  7,b7 expire not later than #e years
 after the date on which the order      
becomes effective1 except that the      
,attorney ,general may1 during the      
pendency of proceedings under paragraph 
7#e71 extend the temporary scheduling   
order for up to #ahj days4  7#c7 ,effect
 of issuance of permanent scheduling    
order ,a temporary scheduling order     
issued under paragraph 7#a7 shall be    
vacated upon the issuance of a permanent
 order issued under paragraph 7#e7 with 
regard to the same substance1 or upon   
the subsequent issuance of any          
scheduling order under this section4    
7#d7 ,limitation on judicial review ,a  
temporary scheduling order issued under 
paragraph 7#a7 shall not be subject to  
judicial review4  7#e7 ,permanent       
scheduling order  7,a7 ,in general      
,except as provided in subparagraph     
7,b71 not earlier than #c years after   
the date on which the ,attorney ,general
 issues an order temporarily scheduling 
a drug or substance under this          

subsection1 the ,attorney ,general may1 
by rule1 issue a permanent order adding 
the drug or other substance to schedule 
,a if such drug or substance satisfies  
the criteria for being considered a     
schedule ,a substance4  7,b7 ,limitation
 ,if the ,secretary of ,health and      
,human ,services has determined1 based  
on relevant scientific studies and      
necessary data requested by the         
,secretary of ,health and ,human        
,services and gathered by the ,attorney 
,general1 that a drug or other substance
 that has been temporarily placed in    
schedule ,a does not have sufficient    
potential for abuse to warrant control  
in any schedule1 and provides written   
notice of such determination to the     
,attorney ,general1 the ,attorney       
,general--  7i7 may not issue a         
permanent scheduling order under        
subparagraph 7,a72 and  7ii7 not later  
than #cj days after the date on which   
the ,attorney ,general receives such    
notice1 shall issue an order immediately

 terminating the temporary scheduling   
order for the drug or other substance4  
7#f7 ,notice to ,,hhs ,before initiating
 proceedings under paragraph 7#a71 the  
,attorney ,general shall transmit notice
 of a temporary order proposed to be    
issued to the ,secretary of ,health and 
,human ,services4 ,in issuing an order  
under paragraph 7#a71 the ,attorney     
,general shall take into consideration  
any comments submitted by the ,secretary
 of ,health and ,human ,services in     
response to a notice transmitted        
pursuant to this paragraph4  4  #d4     
,penalties ,section #ajaj of the        
,controlled ,substances ,import and     
,export ,act 7#ba ,u4,s4,c4 #ifj7 is    
amended-- 7#a7 in subsection 7a71 by    
inserting or a drug or substance in     
schedule ,a after controlled substance  
each place it appears2 and  7#b7 in     
subsection 7b71 by adding at the end the
 following3  7#h7 ,in the case of a     
violation under subsection 7a7 involving
 a controlled substance in schedule ,a1 

the person committing such violation    
shall be sentenced to a term of         
imprisonment of not more than #bj years 
and if death or serious bodily injury   
results from the use of such substance  
shall be sentenced to a term of         
imprisonment for any term of years or   
for life1 a fine not to exceed the      
greater of that authorized in accordance
 with the provisions of title #ah1      
,united ,states ,code1 or #a1jjj1jjj if 
the defendant is an individual or       
#e1jjj1jjj if the defendant is other    
than an individual1 or both4 ,if any    
person commits such a violation after a 
prior conviction for a felony drug      
offense has become final1 such person   
shall be sentenced to a term of         
imprisonment of not more than #cj years 
and if death or serious bodily injury   
results from the use of such substance  
shall be sentenced to a term of         
imprisonment for any term of years or   
for life1 a fine not to exceed the      
greater of twice that authorized in     

accordance with the provisions of title 
#ah1 ,united ,states ,code1 or          
#b1jjj1jjj if the defendant is an       
individual or #aj1jjj1jjj if the        
defendant is other than an individual1  
or both4 ,notwithstanding section #cehc 
of title #ah1 ,united ,states ,code1 any
 sentence imposing a term of            
imprisonment under this paragraph shall1
 in the absence of such a prior         
conviction1 impose a term of supervised 
release of not less than #c years in    
addition to such term of imprisonment   
and shall1 if there was such a prior    
conviction1 impose a term of supervised 
release of not less than #f years in    
addition to such term of imprisonment4  
,notwithstanding the prior sentence1 and
 notwithstanding any other provision of 
law1 the court shall not place on       
probation or suspend the sentence of any
 person sentenced under the provisions  
of this paragraph which provide for a   
mandatory term of imprisonment if death 
or serious bodily injury results4  4    

#e4 ,false labeling of schedule ,a      
controlled substances  7a7 ,in general  
,section #cje of the ,controlled        
,substances ,act 7#ba ,u4,s4,c4 #hbe7 is
 amended by adding at the end the       
following3  7f7 ,false labeling of      
schedule ,a controlled substances  7#a7 
,it shall be unlawful to import or      
export1 with intent to manufacture1     
distribute1 or dispense1 a schedule ,a  
substance or product containing a       
schedule ,a substance1 unless the       
substance or product bears a label      
clearly identifying a schedule ,a       
substance or product containing a       
schedule ,a substance by the            
nomenclature used by the ,international 
,union of ,pure and ,applied ,chemistry 
7,,iupac74  7#b7 7,a7 ,a product        
described in subparagraph 7,b7 is exempt
 from the ,international ,union of ,pure
 and ,applied ,chemistry nomenclature   
requirement of this subsection if such  
product is labeled in the manner        
required under the ,federal ,food1      

,drug1 and ,cosmetic ,act4  7,b7 ,a     
product is described in this            
subparagraph if the product-- 7i7 is the
 subject of an approved application as  
described in section #eje7;b7 or 7j7 of 
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act2 or  7ii7 is exempt from the      
provisions of section #eje of such ,act 
relating to new drugs because-- 7,i7 it 
is intended solely for investigational  
use as described in section #eje7;i7 of 
such ,act2 and  7,,ii7 such product is  
being used exclusively for purposes of a
 clinical trial that is the subject of  
an effective investigational new drug   
application4  4  7b7 ,penalties ,section
 #djb of the ,controlled ,substances    
,act 7#ba ,u4,s4,c4 #hdb7 is amended--  
7#a7 in subsection 7a7--  7,a7 in       
paragraph 7#af71 by striking or at the  
end2  7,b7 by redesignating paragraph   
7#ag7 as paragraph 7#ah72 and  7,c7 by  
inserting after paragraph 7#af7 the     
following3  7#ag7 to violate section    
#cje7;f72 or  2 and  7#b7 in subsection 

7c7-- 7,a7 in paragraph 7#a7--  7i7 in  
subparagraph 7,b77i71 by striking 7#ag7 
and inserting 7#ah72 and  7ii7 in       
subparagraph 7,c71 by inserting or 7#ag7
 after paragraph 7#af7 each place it    
appears2 and  7,b7 in paragraph         
7#b77;,d71 by striking 7#ag7 and        
inserting 7#ah74  #f4 ,registration     
requirements for importers and exporters
 of schedule ,a substances ,section     
#ajjh of the ,controlled ,substances    
,import and ,export ,act 7#ba ,u4,s4,c4 
#ieh7 is amended by adding at the end   
the following3  7j7 7#a7 ,the ,attorney 
,general shall register an applicant to 
import or export a schedule ,a substance
 if-- 7,a7 the applicant demonstrates   
that the schedule ,a substance will be  
used for research1 analytical1 or       
industrial purposes approved by the     
,attorney ,general2 and  7,b7 the       
,attorney ,general determines that such 
registration is consistent with the     
public interest and with the ,united    
,states obligations under international 

treaties1 conventions1 or protocols in  
effect on the date of enactment of this 
subsection4  7#b7 ,in determining the   
public interest under paragraph         
7#a77;,b71 the ,attorney ,general shall 
consider-- 7,a7 maintenance of effective
 controls against diversion of          
particular controlled substances and any
 controlled substance in schedule ,a    
compounded therefrom into other than    
legitimate medical1 scientific1         
research1 or industrial channels1 by    
limiting the importation and bulk       
manufacture of such controlled          
substances to a number of establishments
 which can produce an adequate and      
uninterrupted supply of these substances
 under adequately competitive conditions
 for legitimate medical1 scientific1    
research1 and industrial purposes2  7,b7
 compliance with applicable ,state and  
local law2  7,c7 promotion of technical 
advances in the art of manufacturing    
substances described in subparagraph    
7,a7 and the development of new         

substances2  7,d7 prior conviction      
record of applicant under ,federal and  
,state laws relating to the importation1
 manufacture1 distribution1 or          
dispensing of substances described in   
subparagraph 7,a72  7,e7 past experience
 in the importation and manufacture of  
controlled substances1 and the existence
 in the establishment of effective      
control against diversion2 and  7,f7    
such other factors as may be relevant to
 and consistent with the public health  
and safety4  7#c7 ,if an applicant is   
registered to import or export a        
controlled substance in schedule ,i or  
,,ii under subsection 7a71 the applicant
 shall not be required to apply for a   
separate registration under this        
subsection4  4  #g4 ,additional         
conforming amendments ,the ,controlled  
,substances ,import and ,export ,act    
7#ba ,u4,s4,c4 #iea et seq47 is         
amended-- 7#a7 in section #ajjb7;a7 7#ba
 ,u4,s4,c4 #ieb7;a77--  7,a7 in the     
matter preceding paragraph 7#a71 by     

inserting or drug or substance in       
schedule ,a after schedule ,i or ,,ii2  
and  7,b7 in paragraph 7#b71 by         
inserting or drug or substances in      
schedule ,a after schedule ,i or ,,ii2  
7#b7 in section #ajjc 7#ba ,u4,s4,c4    
#iec7-- 7,a7 in subsection 7c71 in the  
matter preceding paragraph 7#a71 by     
inserting or drug or substance in       
schedule ,a after schedule ,i or ,,ii2  
and  7,b7 in subsection 7d71 by         
inserting or drug or substance in       
schedule ,a after schedule ,i or ,,ii2  
7#c7 in section #ajjd7a7 7#ba ,u4,s4,c4 
#ied7a771 in the matter preceding       
subparagraph 7,a71 by inserting or drug 
or substance in schedule ,a after       
schedule ,i2  7#d7 in section #ajje 7#ba
 ,u4,s4,c4 #iee71 by inserting or drug  
or substance in schedule ,a after       
schedule ,i or ,,ii2 and  7#e7 in       
section #ajji7;a7 7#ba ,u4,s4,c4        
#iei7;a771 by inserting or drug or      
substance in schedule ,a after schedule 
,i or ,,ii4  #h4 ,sentencing review  7a7

 ,covered offense defined ,in this      
section1 the term covered offense means 
an offense involving a schedule ,a      
substance for which the penalty was     
established under section #d or #e of   
this ,act4  7b7 ,sentencing review  7#a7
 ,petition for review ,if a schedule ,a 
substance that is temporarily or        
permanently scheduled under section     
#bja7k7 of the ,controlled ,substances  
,act1 as added by this ,act1 is         
subsequently descheduled or rescheduled 
on a schedule with lower penalties1 any 
individual convicted of a covered       
offense involving such schedule ,a      
substance who is awaiting sentencing or 
is still serving a term of imprisonment 
for such covered offense on the date of 
the descheduling or rescheduling may    
petition the court that imposed the     
sentence for a sentencing reduction     
hearing for such covered offense4  7#b7 
,sentencing review ,not later than #cj  
days after the date on which a petition 
is filed under paragraph 7#a71 the court

 shall conduct a sentencing reduction   
hearing and may modify the sentence of  
the petitioner as if the descheduling or
 rescheduling described in paragraph    
7#a7 had been in effect on the date the 
covered offense was committed4  #i4     
,rules of construction ,nothing in this 
,act1 or the amendments made by this    
,act1 may be construed to limit-- 7#a7  
the prosecution of offenses involving   
controlled substance analogues under the
 ,controlled ,substances ,act 7#ba      
,u4,s4,c4 #hja et seq472 or  7#b7 the   
authority of the ,attorney ,general to  
temporarily or permanently schedule1    
reschedule1 or decontrol controlled     
substances under provisions of section  
#bja of the ,controlled ,substances ,act
 7#ba ,u4,s4,c4 #haa7 that are in effect
 on the day before the date of enactment
 of this ,act4