II 

117TH CONGRESS 

2D SESSION S. 4151 

To amend the Controlled Substances Act to prohibit certain acts related 

to fentanyl, analogues of fentanyl, and counterfeit substances, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2022 

Mr. GRASSLEY (for himself, Mrs. FEINSTEIN, Mr. CORNYN, and Ms. HASSAN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To amend the Controlled Substances Act to prohibit certain 

acts related to fentanyl, analogues of fentanyl, and counterfeit substances, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Pills That Kill 

5 Act’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘counterfeit fentanyl or meth8 amphetamine substance’’ means a substance that— 


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1 (1) contains fentanyl, any analogue of fentanyl, 

2 or methamphetamine; and 

3 (2) is marketed, sold, or falsely bears the trade4 mark, trade name, or other identifying mark, im5 print, number, or any likeness thereof of another 

6 product. 

7 SEC. 3. PROHIBITED ACTS. 

8 Section 403(d)(2) of the Controlled Substances Act 

9 (21 U.S.C. 843(d)(2)) is amended, in the matter pre10 ceding subparagraph (A), by inserting ‘‘, fentanyl, an ana11 logue of fentanyl, or a counterfeit substance’’ after ‘‘meth12 amphetamine’’. 

13 SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING 

14 COMMISSION. 

15 The United States Sentencing Commission shall re16 view and amend, if appropriate, the sentencing guidelines 

17 in accordance with section 994 of title 28, United States 

18 Code, to provide for a 4-level enhancement for a defendant 

19 who knowingly misrepresented as either a prescription or 

20 over-the-counter medication in pill or tablet form a coun21 terfeit or otherwise adulterated pill or tablet that con22 tained a detectable amount of fentanyl, or a fentanyl ana23 logue, or methamphetamine. 


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1 SEC. 5. COMPREHENSIVE PLAN. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Administrator of the Drug Enforcement 

4 Administration shall establish and implement an operation 

5 and response plan to address counterfeit fentanyl or meth6 amphetamine substances that includes— 

7 (1) strategies to enable and empower Federal 

8 law enforcement efforts to investigate and seize 

9 counterfeit fentanyl or methamphetamine sub10 stances; 

11 (2) specific ways that education and prevention 

12 efforts to stop the use of counterfeit fentanyl or 

13 methamphetamine substances will be increased, in14 cluding how— 

15 (A) ongoing efforts, such as Operation En16 gage, are effective in increasing education and 

17 prevention; and 

18 (B) how the efforts described in subpara19 graph (A) are tailored to youth and teen access; 

20 and 

21 (3) an audit of current campaigns, including 

22 the ‘‘One Pill Can Kill’’ campaign, on counterfeit 

23 fentanyl or methamphetamine substances, including 

24 a review of data and other available information on 

25 how such campaigns can be tailored, adjusted, or 


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1 improved to better address the flow of counterfeit 

2 fentanyl or methamphetamine substances. 

3 SEC. 6. REPORT TO CONGRESS. 

4 (a) REPORT.—Not later than 1 year after the date 

5 of enactment of this Act, and every year thereafter, the 

6 Attorney General, in consultation with the Administrator 

7 of the Drug Enforcement Administration and Director of 

8 the Office of National Drug Control Policy, shall submit 

9 to Congress a report on information regarding the collec10 tion and prosecutions of counterfeit fentanyl or meth11 amphetamine substances. 

12 (b) CONTENTS.—The report required under sub13 section (a) shall include the following: 

14 (1) Data on the aggregate number of counter15 feit fentanyl or methamphetamine substances seized 

16 and collected by Federal law enforcement agencies. 

17 (2) A breakdown on how many counterfeit 

18 fentanyl or methamphetamine substances are in pill 

19 form. 

20 (3) A breakdown on which illicit substances are 

21 present in the counterfeit fentanyl or methamphet22 amine substances that are in pill form. 

23 (4) Data outlining where and when counterfeit 

24 fentanyl or methamphetamine substances were 

25 seized. 


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1 (5) Data on the charges filed against those 

2 manufacturing, distributing, or dispending, or pos3 sessing with the intent to distribute or dispense a 

4 counterfeit fentanyl or methamphetamine substance, 

5 particularly in pill form, pursuant to paragraph (1) 

6 or (2) of section 401(a) of the Controlled Substances 

7 Act (21 U.S.C. 841(a)), unless disclosure of such 

8 data would require unsealing an indictment or would 

9 undermine investigations and charges brought by the 

10 Department of Justice. 

11 (6) Data on the convictions and sentences 

12 against those who are found guilty under paragraph 

13 (1) or (2) of section 401(a) of the Controlled Sub14 stances Act (21 U.S.C. 841(a)) as it pertains to 

15 counterfeit fentanyl or methamphetamine sub16 stances, particularly those in pill form. 

17 (7) Any prevention measures that the Depart18 ment of Justice, Drug Enforcement Administration, 

19 or Office of National Drug Control Policy are under20 taking to limit and reduce the spread of counterfeit 

21 fentanyl or methamphetamine substances in pill 

22 form, including ongoing public awareness campaigns. 

Æ 


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