I 
114TH CONGRESS 
1ST SESSION H. R. 4229 
To address the continued threat posed by dangerous synthetic drugs by 
amending the Controlled Substances Act relating to controlled substance 
analogues. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 10, 2015 
Mr. KATKO (for himself and Mr. CICILLINE) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To address the continued threat posed by dangerous syn-
thetic drugs by amending the Controlled Substances Act 
relating to controlled substance analogues. 
Be it enacted by the Senate and House of Representa-
tives 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 2015’’. 
SEC. 2. ENFORCEMENT. 
(a) IN GENERAL.—The Controlled Substances Act 
(21 U.S.C. 801 et seq.) is amended— 
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‘‘(3)(A) The Committee shall convene, on an as need-
ed basis, to establish and maintain a list of controlled sub-
stance analogues. 
‘‘(B) A substance may be designated as a controlled 
substance analogue by the Committee under this sub-
section 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 indi-
vidual or the public at large is not necessary before a sub-
stance may be designated as a controlled substance ana-
logue under this subsection. 
‘‘(D) The Attorney General shall, through rule-
making, establish procedures of operation for the Com-
mittee. 
‘‘(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 
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‘‘(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 no-
tice 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 des-
ignation made by the Committee under this subsection, 
which shall include— 
‘‘(i) the chemical and common name of the con-
trolled substance analogue; 
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‘‘(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 sub-
stance 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 ana-
logue 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 ques-
tion 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,’’. 
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SEC. 3. IMPORTATION OF CONTROLLED SUBSTANCE ANA-
LOGUES. 
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 fol-
lowing: 
‘‘(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 con-
trolled 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 im-
ported pursuant to such notification or declaration 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 appro-
priate, 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 traf-
ficking of controlled substance analogues under part D of 
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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 sec-
tion, the Sentencing Commission shall— 
(1) ensure that the sentences, guidelines, and 
policy statements relating to offenders convicted of 
these offenses are appropriately severe and reason-
ably consistent with other relevant directives and 
other Federal sentencing guidelines and policy state-
ments; 
(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. 
Æ 
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