II 118TH CONGRESS 1ST SESSION S. 1475 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 9, 2023 Mr. GRASSLEY (for himself, Mrs. FEINSTEIN, 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 coun- terfeit substances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Pills That Kill 4 Act’’. 5 SEC. 2. DEFINITION. 6 In this Act, the term ‘‘counterfeit fentanyl or meth- 7 amphetamine substance’’ means a substance that— 8 VerDate Sep 11 2014 22:59 May 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1475.IS S1475 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1475 IS (1) contains fentanyl, any analogue of fentanyl, 1 or methamphetamine; and 2 (2) is marketed, sold, or falsely bears the trade- 3 mark, trade name, or other identifying mark, im- 4 print, number, or any likeness thereof of another 5 product. 6 SEC. 3. PROHIBITED ACTS. 7 Section 403(d)(2) of the Controlled Substances Act 8 (21 U.S.C. 843(d)(2)) is amended, in the matter pre- 9 ceding subparagraph (A), by inserting ‘‘, fentanyl, an ana- 10 logue of fentanyl, or a counterfeit substance’’ after ‘‘meth- 11 amphetamine’’. 12 SEC. 4. COMPREHENSIVE PLAN. 13 Not later than 180 days after the date of enactment 14 of this Act, the Administrator of the Drug Enforcement 15 Administration shall establish and implement an operation 16 and response plan to address counterfeit fentanyl or meth- 17 amphetamine substances that includes— 18 (1) strategies to enable and empower Federal 19 law enforcement efforts to investigate and seize 20 counterfeit fentanyl or methamphetamine sub- 21 stances; 22 (2) specific ways that education and prevention 23 efforts to stop the use of counterfeit fentanyl or 24 VerDate Sep 11 2014 22:59 May 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1475.IS S1475 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1475 IS methamphetamine substances will be increased, in- 1 cluding how— 2 (A) ongoing efforts, such as Operation En- 3 gage, are effective in increasing education and 4 prevention; and 5 (B) how the efforts described in subpara- 6 graph (A) are tailored to youth and teen access; 7 and 8 (3) an audit of current campaigns, including 9 the ‘‘One Pill Can Kill’’ campaign, on counterfeit 10 fentanyl or methamphetamine substances, including 11 a review of data and other available information on 12 how the campaigns can be tailored, adjusted, or im- 13 proved to better address the flow of counterfeit 14 fentanyl or methamphetamine substances. 15 SEC. 5. REPORT TO CONGRESS. 16 (a) REPORT.—Not later than 1 year after the date 17 of enactment of this Act, and every year thereafter, the 18 Attorney General, in consultation with the Administrator 19 of the Drug Enforcement Administration and Director of 20 the Office of National Drug Control Policy, shall submit 21 to Congress a report on information regarding the collec- 22 tion and prosecutions of counterfeit fentanyl or meth- 23 amphetamine substances. 24 VerDate Sep 11 2014 22:59 May 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1475.IS S1475 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1475 IS (b) CONTENTS.—The report required under sub- 1 section (a) shall include the following: 2 (1) Data on the aggregate number of counter- 3 feit fentanyl or methamphetamine substances seized 4 and collected by Federal law enforcement agencies. 5 (2) A breakdown on how many counterfeit 6 fentanyl or methamphetamine substances are in pill 7 form. 8 (3) A breakdown on which illicit substances are 9 present in the counterfeit fentanyl or methamphet- 10 amine substances that are in pill form. 11 (4) Data outlining where and when counterfeit 12 fentanyl or methamphetamine substances were 13 seized. 14 (5) Data on the charges filed against those 15 manufacturing, distributing, or dispensing, or pos- 16 sessing with the intent to distribute or dispense, a 17 counterfeit fentanyl or methamphetamine substance, 18 particularly in pill form, pursuant to paragraph (1) 19 or (2) of section 401(a) of the Controlled Substances 20 Act (21 U.S.C. 841(a)), unless disclosure of the data 21 would— 22 (A) require unsealing an indictment; or 23 (B) undermine investigations and charges 24 brought by the Department of Justice. 25 VerDate Sep 11 2014 22:59 May 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1475.IS S1475 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1475 IS (6) Data on the convictions and sentences 1 against those who are found guilty under paragraph 2 (1) or (2) of section 401(a) of the Controlled Sub- 3 stances Act (21 U.S.C. 841(a)) as it pertains to 4 counterfeit fentanyl or methamphetamine sub- 5 stances, particularly those in pill form. 6 (7) Any prevention measures that the Depart- 7 ment of Justice, Drug Enforcement Administration, 8 or Office of National Drug Control Policy are under- 9 taking to limit and reduce the spread of counterfeit 10 fentanyl or methamphetamine substances in pill 11 form, including ongoing public awareness campaigns. 12 Æ VerDate Sep 11 2014 22:59 May 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1475.IS S1475 kjohnson on DSK79L0C42PROD with BILLS