I 
118TH CONGRESS 
2D SESSION 
H. R. 9879 
To amend the Controlled Substances Act to clarify how controlled substance 
analogues that are imported or offered for import are to be regulated, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2024 
Mr. PFLUGER (for himself, Mr. PANETTA, Mr. FRY, and Mr. DAVIS of North 
Carolina) 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 that are imported or offered 
for import 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Stop the Importation and Manufacturing of Synthetic 
Analogues Act of 2024’’ or the ‘‘SIMSA Act of 2024’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Establishment of Schedule A. 
Sec. 3. Temporary and permanent scheduling of schedule A substances. 
Sec. 4. Penalties. 
Sec. 5. False labeling of schedule A controlled substances. 
Sec. 6. Registration requirements for schedule A substances. 
Sec. 7. Additional conforming amendments. 
Sec. 8. Sentencing review. 
Sec. 9. Rules of construction. 
SEC. 2. ESTABLISHMENT OF SCHEDULE A. 
Section 202 of the Controlled Substances Act (21 
U.S.C. 812) is amended— 
(1) in subsection (a), by striking ‘‘five schedules 
of controlled substances, to be known as schedules I, 
II, III, IV, and V’’ and inserting ‘‘six schedules of 
controlled substances, to be known as schedules I, 
II, III, IV, V, and A’’; 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(6) SCHEDULE A.— 
‘‘(A) IN GENERAL.—The drug or substance— 
‘‘(i) is or has been imported, or is offered 
for import, into the United States; 
‘‘(ii) has— 
‘‘(I) a chemical structure that is sub-
stantially similar to the chemical structure 
of a controlled substance in schedule I, II, 
III, IV, or V; and 
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‘‘(II) an actual or predicted stimulant, 
depressant, or hallucinogenic effect on the 
central nervous system that is substantially 
similar to or greater than the stimulant, 
depressant, or hallucinogenic effect on the 
central nervous system of a controlled sub-
stance in schedule I, II, III, IV, or V; and 
‘‘(iii) is not listed or otherwise included in 
any other schedule in this section or by regula-
tion of the Attorney General. 
‘‘(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)(I) the chemical structure; and 
‘‘(II)(aa) the structure activity relation-
ships; or 
‘‘(bb) binding receptor assays and other 
relevant scientific information about the sub-
stance; 
‘‘(ii)(I) the current or relative potential for 
abuse of the substance; and 
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‘‘(II) the clandestine importation, manu-
facture, or distribution, or diversion from legiti-
mate channels, of the substance; or 
‘‘(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 
‘‘Any substance temporarily or permanently sched-
uled by the Attorney General in accordance with section 
201(k).’’. 
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.— 
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‘‘(1) IN GENERAL.—The Attorney General may 
issue a temporary 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 of the 
drug or other substance. 
‘‘(2) DURATION OF TEMPORARY SCHEDULING 
ORDER.—A temporary scheduling order issued under 
paragraph (1) shall— 
‘‘(A) 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 inten-
tion to issue such order and the grounds upon 
which such order is to be issued; and 
‘‘(B) expire not later than 5 years after 
the date on which the order becomes effective, 
except that the Attorney General may, during 
the pendency of proceedings under paragraph 
(5), extend the temporary scheduling order for 
up to 180 days. 
‘‘(3) EFFECT
OF
ISSUANCE
OF
PERMANENT 
SCHEDULING
ORDER.—A 
temporary 
scheduling 
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order issued under paragraph (1) shall be vacated 
upon the issuance of a permanent order issued 
under paragraph (5) with regard to the same sub-
stance, or upon the subsequent issuance of any 
scheduling order under this section. 
‘‘(4) LIMITATION
ON
JUDICIAL
REVIEW.—A 
temporary scheduling order issued under paragraph 
(1) shall not be subject to judicial review. 
‘‘(5) PERMANENT SCHEDULING ORDER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not earlier than 3 years 
after the date on which the Attorney General 
issues an order temporarily scheduling a drug 
or substance under this subsection, the Attor-
ney General may, by rule, issue a permanent 
order adding the drug or other substance to 
schedule A if such drug or substance satisfies 
the criteria for being considered a schedule A 
substance. 
‘‘(B) LIMITATION.—If the Secretary of 
Health and Human Services, in consultation 
with the Attorney General, has determined, 
based on relevant scientific studies and nec-
essary data gathered by the Secretary of Health 
and Human Services and gathered by the At-
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torney General, that a drug or other substance 
that has been temporarily placed in schedule A 
does not have sufficient potential for abuse to 
warrant control in any schedule, and provides 
30 day written notice of such determination to 
the Attorney General, the Attorney General— 
‘‘(i) may not issue a permanent sched-
uling order under subparagraph (A); and 
‘‘(ii) not later than 30 days after the 
date on which the Attorney General re-
ceives such notice, shall issue an order im-
mediately 
terminating 
the 
temporary 
scheduling order for the drug or other sub-
stance. 
‘‘(6) NOTICE TO HHS.—Before initiating pro-
ceedings under paragraph (1), the Attorney General 
shall transmit notice of a temporary order proposed 
to be issued to the Secretary of Health and Human 
Services. In issuing an order under paragraph (1), 
the Attorney General shall take into consideration 
any comments submitted by the Secretary of Health 
and Human Services in response to a notice trans-
mitted pursuant to this paragraph.’’. 
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SEC. 4. PENALTIES. 
Section 1010 of the Controlled Substances Import 
and Export Act (21 U.S.C. 960) is amended— 
(1) in subsection (a), by inserting ‘‘or a drug or 
substance in schedule A’’ after ‘‘controlled sub-
stance’’ each place it appears; and 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(8) In the case of a violation under subsection (a) 
involving a controlled substance in schedule A, the person 
committing such violation 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 sub-
stance shall be sentenced to a term of imprisonment for 
any term of years or for life, a fine not to exceed the great-
er of that authorized in accordance with the provisions of 
title 18, United States Code, or $1,000,000 if the defend-
ant is an individual or $5,000,000 if the defendant is other 
than an individual, or both. If any person commits such 
a violation after a prior conviction for a felony drug of-
fense has become final, such person shall be sentenced to 
a term of imprisonment of not more than 30 years and 
if death or serious bodily injury results from the use of 
such substance shall be sentenced to a term of imprison-
ment for any term of years or for life, a fine not to exceed 
the greater of twice that authorized in accordance with 
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the provisions of title 18, United States Code, or 
$2,000,000 if the defendant is an individual or 
$10,000,000 if the defendant is other than an individual, 
or both. Notwithstanding section 3583 of title 18, United 
States Code, any sentence imposing a term of imprison-
ment under this paragraph shall, in the absence of such 
a prior conviction, impose a term of supervised release of 
not less than 3 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 6 years 
in addition to such term of imprisonment. Notwith-
standing the prior sentence, and notwithstanding any 
other provision of law, the court shall not place on proba-
tion or suspend the sentence of any person sentenced 
under the provisions of this paragraph which provide for 
a mandatory term of imprisonment if death or serious 
bodily injury results.’’. 
SEC. 5. FALSE LABELING OF SCHEDULE A CONTROLLED 
SUBSTANCES. 
(a) IN GENERAL.—Section 305 of the Controlled 
Substances Act (21 U.S.C. 825) is amended by adding at 
the end the following: 
‘‘(f) FALSE
LABELING
OF
SCHEDULE
A CON-
TROLLED SUBSTANCES.— 
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‘‘(1) It shall be unlawful to import or export, 
with intent to manufacture, distribute, or dispense, 
a schedule A substance or product containing a 
schedule A substance, unless the substance or prod-
uct bears a label clearly identifying a schedule A 
substance or product containing a schedule A sub-
stance by the nomenclature used by the Inter-
national Union of Pure and Applied Chemistry 
(IUPAC). 
‘‘(2)(A) A product described in subparagraph 
(B) is exempt from the International Union of Pure 
and Applied Chemistry nomenclature requirement of 
this subsection if such product is labeled in the man-
ner required under the Federal Food, Drug, and 
Cosmetic Act. 
‘‘(B) A product is described in this subpara-
graph if the product— 
‘‘(i) is the subject of an approved applica-
tion as described in section 505(b) or (j) of the 
Federal Food, Drug, and Cosmetic Act; or 
‘‘(ii) is exempt from the provisions of sec-
tion 505 of such Act relating to new drugs be-
cause— 
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‘‘(I) it is intended solely for investiga-
tional use as described in section 505(i) of 
such Act; and 
‘‘(II) such product is being used ex-
clusively for purposes of a clinical trial 
that is the subject of an effective investiga-
tional new drug application.’’. 
(b) PENALTIES.—Section 402 of the Controlled Sub-
stances Act (21 U.S.C. 842) is amended— 
(1) in subsection (a)— 
(A) in paragraph (16), by striking ‘‘or’’ at 
the end; 
(B) by redesignating paragraph (17) as 
paragraph (18); and 
(C) by inserting after paragraph (16) the 
following: 
‘‘(17) to violate section 305(f); or’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (B)(i), by striking 
‘‘(17)’’ and inserting ‘‘(18)’’; and 
(ii) in subparagraph (C), by inserting 
‘‘or (17)’’ after ‘‘paragraph (16)’’ each 
place it appears; and 
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