HR 2851 · 115th Congress 2017–2019, ended

SITSA Act

Introduced Jun 8, 2017 Originated House Sponsor John Katko R-NY

Latest action · Jun 18, 2018 Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedJun 8, 2017
Passed HouseJun 15, 2018
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Stop the Importation and Trafficking of Synthetic Analogues Act of 2017 or the 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.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 268	On Passage	Passed239–142	Jun 15, 2018

House 267	On Agreeing to the Amendment	Agreed to223–158	Jun 15, 2018

Cosponsors 75

Members who signed on, in the order they did. Signatures ran from Jun 8, 2017 to Jun 7, 2018; 3 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-VA	Bob Goodlatte	Original	Jun 8, 2017
D-NY	Kathleen M. Rice	Original	Jun 8, 2017
R-SC	Trey Gowdy	Original	Jun 8, 2017
R-NY	Elise M. Stefanik		Jun 15, 2017
R-NY	John J. Faso		Jun 15, 2017
R-PA	Patrick Meehan		Jun 15, 2017
R-NY	Peter T. King		Jun 16, 2017
R-WI	F. James Sensenbrenner, Jr.		Jun 20, 2017
R-FL	Thomas J. Rooney		Jun 27, 2017
R-TX	Lamar Smith		Jun 28, 2017
R-TX	Blake Farenthold		Jun 29, 2017
R-PA	Tom Marino		Jun 29, 2017
R-NY	Daniel M. Donovan, Jr.		Jul 12, 2017
R-OH	Michael R. Turner		Jul 18, 2017
R-MD	Andy Harris		Jul 20, 2017
R-FL	Carlos Curbelo		Jul 20, 2017
I-AZ	Kyrsten Sinema		Jul 20, 2017
R-PA	Lloyd Smucker		Jul 20, 2017
R-PA	Mike Kelly		Jul 20, 2017
R-PA	Brian K. Fitzpatrick		Jul 25, 2017
D-NJ	Josh Gottheimer		Jul 25, 2017
R-PA	Glenn Thompson		Jul 26, 2017
R-FL	Mario Diaz-Balart		Jul 27, 2017
R-PA	Scott Perry		Jul 27, 2017
D-MA	Richard E. Neal		Jul 28, 2017
R-PA	Ryan A. Costello		Jul 28, 2017
R-PA	Keith J. Rothfus		Aug 1, 2017
R-NY	Chris Collins		Sep 5, 2017
R-NJ	Thomas MacArthur		Sep 7, 2017
R-MI	Mike Bishop		Sep 14, 2017
R-NY	Tom Reed		Sep 14, 2017
D-TX	Vicente Gonzalez		Sep 25, 2017
R-IL	Mike Bost		Sep 28, 2017
R-WV	David B. McKinley		Oct 11, 2017
R-OH	Steve Stivers		Oct 11, 2017
R-PA	Bill Shuster		Oct 24, 2017
R-PA	Lou Barletta		Oct 27, 2017
R-WV	Alexander X. Mooney		Nov 1, 2017
R-NY	Claudia Tenney		Nov 1, 2017
R-WV	Evan H. Jenkins		Nov 1, 2017
R-CA	Stephen Knight		Nov 1, 2017
R-IN	Susan W. Brooks		Nov 1, 2017
R-ND	Kevin Cramer		Nov 3, 2017
R-SC	Ralph Norman		Nov 3, 2017
R-FL	John H. Rutherford		Nov 7, 2017
R-NY	Lee M. Zeldin		Nov 7, 2017
R-WI	Mike Gallagher		Nov 15, 2017
R-TX	Michael T. McCaul		Nov 28, 2017
R-TN	Scott DesJarlais		Nov 28, 2017
R-TN	Diane Black		Nov 29, 2017
R-GA	Karen C. Handel		Dec 4, 2017
R-NC	Ted Budd		Dec 4, 2017
I-MI	Paul Mitchell		Dec 14, 2017
R-TX	Pete Olson		Dec 20, 2017
R-TN	Marsha Blackburn		Feb 26, 2018
R-MI	Fred Upton		Feb 27, 2018
R-UT	John R. Curtis		Mar 1, 2018
R-NC	David Rouzer		Mar 19, 2018
R-FL	Brian J. Mast		Apr 10, 2018
R-OR	Greg Walden		Jun 5, 2018
R-OH	David P. Joyce		Jun 6, 2018
D-TX	Filemon Vela		Jun 6, 2018
R-NJ	Frank A. LoBiondo		Jun 6, 2018
D-CA	Grace F. Napolitano		Jun 6, 2018
R-FL	Vern Buchanan		Jun 6, 2018
R-VA	Barbara Comstock		Jun 7, 2018
R-AL	Bradley Byrne		Jun 7, 2018
R-TN	Charles J. "Chuck" Fleischmann		Jun 7, 2018
R-TN	David P. Roe		Jun 7, 2018
R-AZ	Martha McSally		Jun 7, 2018
R-TX	Pete Sessions		Jun 7, 2018
R-OH	Steve Chabot		Jun 7, 2018
R-FL	Ted S. Yoho		Jun 7, 2018
D-NY	Thomas R. Suozzi		Jun 7, 2018
R-MO	Vicky Hartzler		Jun 7, 2018

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Energy and Commerce Committee	Referred Jun 8, 2017
	Health Subcommittee	Referred Jun 9, 2017
House	Judiciary Committee	Referred Jun 8, 2017Markup Jul 12, 2017Reported Jun 8, 2018
	Crime and Federal Government Surveillance Subcommittee	Referred Jun 8, 2017
Senate	Judiciary Committee	Referred Jun 18, 2018

Actions 23

Everything that happened, newest first.

Jun 18, 2018Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Jun 15, 2018Considered under the provisions of rule H. Res. 934. (consideration: CR H5204-5221; text of amendment in the nature of a substitute: CR H5212-5215)
Jun 15, 2018Rule 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.
Jun 15, 2018House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 934 and Rule XVIII.
Jun 15, 2018The Speaker designated the Honorable Mike Bost to act as Chairman of the Committee.

Show all 23 actions

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
House	Debate and remarks H5204–H5221Text printed H5212–H5215Amendments H5212, H5215, H5216, H5217, H5218Recorded votes H5220, H5221enactThornberry amendment (specify the factors used to determine whether a controlled substance analogue is intended for human consumption)	Bob Goodlatte R-VA, Bradley Scott Schneider D-IL, Frank Pallone, Jr. D-NJ, Greg Walden R-OR, H. Morgan Griffith R-VA (amendment), Jamie Raskin D-MD, Jerrold Nadler D-NY, John Katko R-NY, Mac Thornberry R-TX (amendment), Robert C. "Bobby" Scott D-VA, Sean Patrick Maloney D-NY (amendment), Sheila Jackson Lee D-TX (amendment), Tom Marino R-PA	Jun 15, 2018
Extensions	Debate and remarks E841	Pete Sessions R-TX	Jun 14, 2018
House	Debate and remarks H5099, H5107–H5115Text printed H5107Amendments H5113Recorded votes H5114, H5115consideration (H. Res. 934), previous question	Andy Barr R-KY, Ben Ray Luján D-NM, Elijah E. Cummings D-MD, Jared Polis D-CO (amendment), John Katko R-NY, Ken Buck R-CO, Lloyd Doggett D-TX	Jun 13, 2018
House	Declaratory Statements H5095	—	Jun 12, 2018
House	Debate and remarks H5001	Kevin McCarthy R-CA, Steny H. Hoyer D-MD	Jun 8, 2018

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

H. Rept. 115-713

Congressional Budget Office cost estimate

Sep 26, 2017H.R. 2851, Stop the Importation and Trafficking of Synthetic Analogues Act of 2017As ordered reported by the House Committee on the Judiciary on July 12, 2017

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 of the United States Constitution.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 98, June 8, 2017, page H4820.

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
Serial No. 115-169	TACKLING FENTANYL: THE CHINA CONNECTION113 pages	Foreign Affairs Committee	Sep 6, 2018
Serial No. 115-103	COMBATING THE OPIOID CRISIS: HELPING COMMUNITIES BALANCE ENFORCEMENT AND PATIENT SAFETY271 pages	Energy and Commerce Committee	Feb 28, 2018
Serial No. 115-64	MEMBER DAY: TESTIMONY AND PROPOSALS ON THE OPIOID CRISIS167 pages	Energy and Commerce Committee	Oct 11, 2017
Serial No. 115-38	H.R. 2851, STOP THE IMPORTATION AND TRAFFICKING OF SYNTHETIC ANALOGUES ACT OF 201736 pages	Judiciary Committee	Jun 27, 2017

Amendments 4

Amendments offered to this bill.

Amendment	Description	Offered by	Status
HAmdt 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.	H. Morgan Griffith R-VA	On agreeing to the Griffith amendment (A001) Agreed to by voice vote.
HAmdt 789	An amendment numbered 2 printed in Part A of House Report 115-751 to strike the sentencing commission provision.	Sheila Jackson Lee D-TX	On agreeing to the Jackson Lee amendment (A002) Agreed to by voice vote.
HAmdt 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.	Sean Patrick Maloney D-NY	On agreeing to the Maloney, Sean amendment (A003) Agreed to by voice vote.
HAmdt 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.	Mac Thornberry R-TX	On agreeing to the Thornberry amendment (A004) Agreed to by recorded vote: 223 - 158 (Roll no. 267).

Related bills 7

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HR 6	SUPPORT for Patients and Communities Act	Related bill	Oct 24, 2018
S 207	SALTS Act	Related bill	Jun 19, 2018
HRES 934	Providing for consideration of the bill (H.R. 2851) to amend the Controlled Substances Act to clarify how controlled substance analogues are to be regulated, and for other purposes; providing for consideration of the bill (H.R. 5735) to amend the United States Housing Act of 1937 to establish a demonstration program to set aside section 8 housing vouchers for supportive and transitional housing for individuals recovering from opioid use disorders or other substance use disorders, and for other purposes; and providing for consideration of the bill (H.R. 5788) to provide for the processing by U.S. Customs and Border Protection of certain international mail shipments and to require the provision of advance electronic information on international mail shipments of mail, and for other purposes.	Procedurally related	Jun 13, 2018
S 1327	SITSA Act	Related bill	Jun 8, 2017
HR 5021	Stop Online Opioid Sales Act of 2018	Related bill	Mar 8, 2018

Show all 7 related bills

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To amend the Controlled Substances Act to clarify how controlled substance analogues are to be regulated, and for other purposes.
Short Titles as Introduced: SITSA Act; Stop the Importation and Trafficking of Synthetic Analogues Act of 2017
Short Titles as Passed House: SITSA Act; Stop the Importation and Trafficking of Synthetic Analogues Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 3

Each version as it was printed, newest first.

Jun 18, 2018Referred in Senate
Jun 15, 2018Engrossed in House
Jun 8, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.