that the rise of counterfeit pills that contain fentanyl in the illicit drug market will likely result in more opioid-dependent individuals, overdoses, and deaths. (6) The DEA has identified two key challenges for using the Controlled Substances Analogue Enforcement Act of 1986 ( 21 U.S.C. 801 note) to prosecute individuals for violations relating to fentanyl: (A) The law requires that the substance have a substantially similar chemical structure to a controlled substance in order to be considered an analogue, yet the threshold for substantially similar has been cited by numerous courts as difficult to apply. (B) Each case requires additional investigation to determine whether the substance in question was intended for human consumption and can therefore be considered an analogue. (7) Illicit fentanyl manufacturers are continuously manipulating the chemical structures of the analogues in order to stay ahead of researchers and law enforcement, thus making prosecuting these crimes overly onerous. Furthermore, the speed at which these alterations can be made outpace the current authorities of the Department of Justice to schedule new compounds and analogues under the Controlled Substances Act ( 21 U.S.C. 801 et seq.). (b) Sense of Congress It is the sense of the Congress that— (1) the trafficking in fentanyl and other synthetic opioids represents a public health emergency in the United States and requires a comprehensive legislative response