I 
115TH CONGRESS 
1ST SESSION H. R. 2851 
To amend the Controlled Substances Act to clarify how controlled substance 
analogues are to be regulated, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2017 
Mr. KATKO (for himself, Miss RICE of New York, Mr. GOODLATTE, and Mr. 
GOWDY) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to clarify how con-
trolled substance analogues are to be regulated, and for 
other purposes. 
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 ‘‘Stop the Importation 
and Trafficking of Synthetic Analogues Act of 2017’’ or 
the ‘‘SITSA Act’’. 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS
‘‘(I) listed or otherwise included in 
any other schedule in this section or by 
regulation of the Attorney General; and 
‘‘(II) with respect to a particular per-
son, subject to an exemption that is in ef-
fect for investigational use, for that person, 
under section 505 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355) 
to the extent conduct with respect to such 
substance is pursuant to such exemption. 
‘‘(B) PREDICTED STIMULANT, DEPRESSANT, OR 
HALLUCINOGENIC
EFFECT.—For purpose of this 
paragraph, a predicted stimulant, depressant, or hal-
lucinogenic effect on the central nervous system may 
be based on— 
‘‘(i) the chemical structure, structure activ-
ity relationships, binding receptor assays, or 
other relevant scientific information about the 
substance; 
‘‘(ii)(I) the current or relative potential for 
abuse of the substance; and 
‘‘(II) the clandestine importation, manu-
facture, or distribution, or diversion from legiti-
mate channels, of the substance; or 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS
‘‘(iii) the capacity of the substance to 
cause a state of dependence, including physical 
or psychological dependence that is similar to or 
greater than that of a controlled substance in 
schedule I, II, III, IV, or V.’’; and 
(3) in subsection (c)— 
(A) in the matter preceding schedule I, by 
striking ‘‘IV, and V’’ and inserting ‘‘IV, V, and 
A’’; and 
(B) by adding at the end the following: 
‘‘SCHEDULE A 
‘‘(a) Unless specifically excepted or unless listed in 
another schedule, any of the following substances, as 
scheduled in accordance with section 201(k)(5): 
‘‘(1) 4-fluoroisobutyryl fentanyl. 
‘‘(2) Valeryl fentanyl. 
‘‘(3) 4-methoxybutyryl fentanyl. 
‘‘(4) 4-methylphenethyl acetyl fentanyl. 
‘‘(5) 3-furanyl fentanyl. 
‘‘(6) Ortho-fluorofentanyl. 
‘‘(7) Tetrahydrofuranyl fentanyl. 
‘‘(8) Ocfentanil. 
‘‘(9) 4-fluorobutyryl fentanyl. 
‘‘(10) Methoxyacetyl fentanyl. 
‘‘(11) Meta-fluorofentanyl. 
‘‘(12) Isobutyryl fentanyl. 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS
‘‘(13) Acryl fentanyl.’’. 
SEC. 3. TEMPORARY AND PERMANENT SCHEDULING OF 
SCHEDULE A SUBSTANCES. 
Section 201 of the Controlled Substances Act (21 
U.S.C. 811) is amended by adding at the end the fol-
lowing: 
‘‘(k) TEMPORARY AND PERMANENT SCHEDULING OF 
SCHEDULE A SUBSTANCES.— 
‘‘(1) The Attorney General may issue a tem-
porary order adding a drug or substance to schedule 
A if the Attorney General finds that— 
‘‘(A) the drug or other substance satisfies 
the criteria for being considered a schedule A 
substance; and 
‘‘(B) adding such drug or substance to 
schedule A will assist in preventing abuse or 
misuse of the drug or other substance. 
‘‘(2) A temporary scheduling order issued under 
paragraph (1) shall not take effect until 30 days 
after the date of the publication by the Attorney 
General of a notice in the Federal Register of the in-
tention to issue such order and the grounds upon 
which such order is to be issued. The temporary 
scheduling order shall expire not later than 5 years 
after the date it becomes effective, except that the 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS
Attorney General may, during the pendency of pro-
ceedings under paragraph (5), extend the temporary 
scheduling order for up to 180 days. 
‘‘(3) A temporary scheduling order issued under 
paragraph (1) shall be vacated upon the issuance of 
a permanent order issued under paragraph (5) with 
regard to the same substance, or upon the subse-
quent issuance of any scheduling order under this 
section. 
‘‘(4) A temporary scheduling order issued under 
paragraph (1) shall not be subject to judicial review. 
‘‘(5) The Attorney General may, by rule, issue 
a permanent order adding a drug or other substance 
to schedule A if such drug or substance satisfies the 
criteria for being considered a schedule A substance. 
Such rulemaking may be commenced simultaneously 
with the issuance of the temporary scheduling order 
issued under paragraph (1) with regard to the same 
substance. 
‘‘(6) Before initiating proceedings under para-
graph (1) or (5), the Attorney General shall trans-
mit notice of an order proposed to be issued to the 
Secretary of Health and Human Services. In issuing 
an order under paragraph (1) or (5), the Attorney 
General shall take into consideration any comments 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS
submitted by the Secretary of Health and Human 
Services in response to a notice transmitted pursu-
ant to this paragraph.’’. 
SEC. 4. PENALTIES. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is amend-
ed— 
(1) in section 401(b)(1) (21 U.S.C. 841(b)(1)), 
by adding at the end the following: 
‘‘(F)(i) In the case of any controlled substance in 
schedule A, such person shall be sentenced to a term of 
imprisonment of not more than 10 years and if death or 
serious bodily injury results from the use of such sub-
stance shall be sentenced to a term of imprisonment of 
not more than 15 years, a fine not to exceed the greater 
of that authorized in accordance with the provisions of 
title 18, United States Code, or $500,000 if the defendant 
is an individual or $2,500,000 if the defendant is other 
than an individual, or both. 
‘‘(ii) If any person commits such a violation after a 
prior conviction for a felony drug offense has become final, 
such person shall be sentenced to a term of imprisonment 
of not more than 20 years and if death or serious bodily 
injury results from the use of such substance shall be sen-
tenced to a term of imprisonment of not more than 30 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS
years, a fine not to exceed the greater of twice that author-
ized in accordance with the provisions of title 18, United 
States Code, or $1,000,000 if the defendant is an indi-
vidual or $5,000,000 if the defendant is other than an in-
dividual, or both. 
‘‘(iii) Any sentence imposing a term of imprisonment 
under this subparagraph shall, in the absence of such a 
prior conviction, impose a term of supervised release of 
not less than 2 years in addition to such term of imprison-
ment and shall, if there was such a prior conviction, im-
pose a term of supervised release of not less than 4 years 
in addition to such term of imprisonment.’’; 
(2) in section 403(a) (21 U.S.C. 843(a))— 
(A) in paragraph (8), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) to export a substance in violation of the 
controlled substance laws of the country to which 
the substance is exported.’’; and 
(3) in section 404 (21 U.S.C. 844), by inserting 
after subsection (a) the following: 
VerDate Sep 11 2014 
04:25 Jun 15, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2851.IH
H2851
rfrederick on DSK3GLQ082PROD with BILLS