H.R. 2851 - 115th Congress (2017-2018) - SITSA Act

This bill amends the Controlled Substances Act to establish a new, sixth schedule of controlled substances—schedule A. A drug or substance in schedule A has a chemical structure that is similar to, and an effect on the body that is similar to or greater than, a controlled substance in schedule I, II, III, IV, or V.

The bill adds 13 synthetic fentanyl-related substances to schedule A. It also authorizes, and establishes procedures for, the Drug Enforcement Administration (DEA) to temporarily and permanently place a drug or substance in schedule A.

The bill establishes criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute a schedule A substance. However, it explicitly prohibits criminal and civil penalties solely for possession of a schedule A controlled substance.

The bill makes it unlawful to import, export, manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a schedule A substance that is not clearly labeled.

Finally, it establishes new, separate DEA registration requirements for manufacturers, distributors, and importers and exporters of schedule A substances.

Text (3)

Referred in Senate

June 18, 2018

Engrossed in House

June 15, 2018

Introduced in House

June 8, 2017

Amendments (4)

Jun 15, 2018

Agreed to in House

Sponsorship

House Amendment 791

Amendment specifies the factors to determine whether a controlled substance analogue is intended for human consumption, thus making it easier for law enforcement and health officials to take action against synthetic drug manufacturers, distributors, and sellers.

Agreed To

Jun 15, 2018

Agreed to in House

Sponsorship

House Amendment 790

An amendment numbered 3 printed in Part A of House Report 115-751 to require the Drug Enforcement Administration to make available a report on controlled substance analogues sold by means of the internet.

Agreed To

Jun 15, 2018

Agreed to in House

Sponsorship

House Amendment 789

An amendment numbered 2 printed in Part A of House Report 115-751 to strike the sentencing commission provision.

Agreed To

Jun 15, 2018

Agreed to in House

Sponsorship

House Amendment 788

An amendment numbered 1 printed in Part A of House Report 115-751 to incorporate an inter-agency agreement transmitted to Congress by the Office of National Drug Control Policy (ONDCP), the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ). Specifically, the amendment clarifies when the Attorney General can temporarily and permanently schedule a drug or substance to the newly created schedule A and prevents the Attorney General from permanently scheduling that drug or substance if the Secretary of HHS determines that there is not sufficient potential for abuse. The amendment also clarifies under what circumstances an applicant for a schedule A registration may continue to conduct research with such schedule A substance while their application is pending, among their research accommodations.

Agreed To

Actions (24)

Show Only Major Actions

06/18/2018

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

06/15/2018

Motion to reconsider laid on the table Agreed to without objection.

06/15/2018

On passage Passed by recorded vote: 239 - 142 (Roll no. 268).

06/15/2018

Passed/agreed to in House: On passage Passed by recorded vote: 239 - 142 (Roll no. 268).

06/15/2018

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

06/15/2018

The previous question was ordered pursuant to the rule.

06/15/2018

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2851.

06/15/2018

DEBATE - Pursuant to the provisions of H. Res. 934, the Committee of the Whole proceeded with 10 minutes of debate on the Thornberry amendment No. 4.

06/15/2018

DEBATE - Pursuant to the provisions of H. Res. 934, the Committee of the Whole proceeded with 10 minutes of debate on the Sean Maloney amendment No. 3.

06/15/2018

DEBATE - Pursuant to the provisions of H. Res. 934, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 2.

06/15/2018

DEBATE - Pursuant to the provisions of H. Res. 934, the Committee of the Whole proceeded with 10 minutes of debate on the Griffith amendment No. 1.

06/15/2018

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2851.

06/15/2018

The Speaker designated the Honorable Mike Bost to act as Chairman of the Committee.

06/15/2018

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 934 and Rule XVIII.

06/15/2018

Rule provides for consideration of H.R. 2851, H.R. 5735 and H.R. 5788 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

06/15/2018

Considered under the provisions of rule H. Res. 934. (consideration: CR H5204-5221; text of amendment in the nature of a substitute: CR H5212-5215)

06/12/2018

Rules Committee Resolution H. Res. 934 Reported to House. Rule provides for consideration of H.R. 2851, H.R. 5735 and H.R. 5788 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

06/08/2018

Reported (Amended) by the Committee on Judiciary. H. Rept. 115-713, Part I.

07/12/2017

Ordered to be Reported (Amended) by Voice Vote.

07/12/2017

Committee Consideration and Mark-up Session Held.

06/09/2017

Referred to the Subcommittee on Health.

06/08/2017

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

06/08/2017

Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

06/08/2017

Introduced in House

Public Record

Record Updated

Jan 11, 2023 1:37:52 PM