Stop Pills That Kill Act
Bill: H.R.8175 | Sponsor: Rep. Buck, Ken (R-CO)
Policy area: Crime and Law Enforcement

Summary:
Stop Pills That Kill Act
This bill increases criminal penalties for offenses relating to the manufacture of fentanyl or counterfeit substances. It also establishes requirements for federal agencies to address the use of counterfeit substances.
Specifically, the bill applies an increased criminal penalty for possessing, manufacturing, or distributing certain equipment or materials that are used to illegally manufacture fentanyl, an analogue of fentanyl, or a counterfeit substance (the increased penalty is currently limited to offenses involving methamphetamine). The bill also requires the United States Sentencing Commission to review sentencing guidelines and amend them, if appropriate, to include an enhanced penalty for those who knowingly misrepresent counterfeit pills that have fentanyl, a fentanyl analogue, or methamphetamine as legitimate pills.
The Drug Enforcement Administration must establish and implement a plan to address counterfeit fentanyl or methamphetamine substances through law enforcement action and education and prevention efforts. In addition, the Department of Justice must annually report on the collection of counterfeit fentanyl or methamphetamine substances by law enforcement and on related prosecutions.

To amend the Controlled Substances Act to prohibit certain acts related 
to fentanyl, analogues of fentanyl, and counterfeit substances, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Pills That Kill Act''.

SEC. 2. DEFINITION.

    In this Act, the term ``counterfeit fentanyl or methamphetamine 
substance'' means a substance that--
            (1) contains fentanyl, any analogue of fentanyl, or 
        methamphetamine; and
            (2) is marketed, sold, or falsely bears the trademark, 
        trade name, or other identifying mark, imprint, number, or any 
        likeness thereof of another product.

SEC. 3. PROHIBITED ACTS.

    Section 403(d)(2) of the Controlled Substances Act (21 U.S.C. 
843(d)(2)) is amended, in the matter preceding subparagraph (A), by 
inserting ``, fentanyl, an analogue of fentanyl, or a counterfeit 
substance'' after ``methamphetamine''.

SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    The United States Sentencing Commission shall review and amend, if 
appropriate, the sentencing guidelines in accordance with section 994 
of title 28, United States Code, to provide for a 4-level enhancement 
for a defendant who knowingly misrepresented as either a prescription 
or over-the-counter medication in pill or tablet form a counterfeit or 
otherwise adulterated pill or tablet that contained a detectable amount 
of fentanyl, or a fentanyl analogue, or methamphetamine.

SEC. 5. COMPREHENSIVE PLAN.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Drug Enforcement Administration shall 
establish and implement an operation and response plan to address 
counterfeit fentanyl or methamphetamine substances that includes--
            (1) strategies to enable and empower Federal law 
        enforcement efforts to investigate and seize counterfeit 
        fentanyl or methamphetamine substances;
            (2) specific ways that education and prevention efforts to 
        stop the use of counterfeit fentanyl or methamphetamine 
        substances will be increased, including how--
                    (A) ongoing efforts, such as Operation Engage, are 
                effective in increasing education and prevention; and
                    (B) how the efforts described in subparagraph (A) 
                are tailored to youth and teen access; and
            (3) an audit of current campaigns, including the ``One Pill 
        Can Kill'' campaign, on counterfeit fentanyl or methamphetamine 
        substances, including a review of data and other available 
        information on how such campaigns can be tailored, adjusted, or 
        improved to better address the flow of counterfeit fentanyl or 
        methamphetamine substances.

SEC. 6. REPORT TO CONGRESS.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter, the Attorney General, in 
consultation with the Administrator of the Drug Enforcement 
Administration and Director of the Office of National Drug Control 
Policy, shall submit to Congress a report on information regarding the 
collection and prosecutions of counterfeit fentanyl or methamphetamine 
substances.
    (b) Contents.--The report required under subsection (a) shall 
include the following:
            (1) Data on the aggregate number of counterfeit fentanyl or 
        methamphetamine substances seized and collected by Federal law 
        enforcement agencies.
            (2) A breakdown on how many counterfeit fentanyl or 
        methamphetamine substances are in pill form.
            (3) A breakdown on which illicit substances are present in 
        the counterfeit fentanyl or methamphetamine substances that are 
        in pill form.
            (4) Data outlining where and when counterfeit fentanyl or 
        methamphetamine substances were seized.
            (5) Data on the charges filed against those manufacturing, 
        distributing, or dispensing, or possessing with the intent to 
        distribute or dispense a counterfeit fentanyl or 
        methamphetamine substance, particularly in pill form, pursuant 
        to paragraph (1) or (2) of section 401(a) of the Controlled 
        Substances Act (21 U.S.C. 841(a)), unless disclosure of such 
        data would require unsealing an indictment or would undermine 
        investigations and charges brought by the Department of 
        Justice.
            (6) Data on the convictions and sentences against those who 
        are found guilty under paragraph (1) or (2) of section 401(a) 
        of the Controlled Substances Act (21 U.S.C. 841(a)) as it 
        pertains to counterfeit fentanyl or methamphetamine substances, 
        particularly those in pill form.
            (7) Any prevention measures that the Department of Justice, 
        Drug Enforcement Administration, or Office of National Drug 
        Control Policy are undertaking to limit and reduce the spread 
        of counterfeit fentanyl or methamphetamine substances in pill 
        form, including ongoing public awareness campaigns.
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