I 118TH CONGRESS 1ST SESSION H. R. 4105 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 HOUSE OF REPRESENTATIVES JUNE 14, 2023 Mr. BUCK (for himself, Mr. JOYCE of Ohio, Mr. STANTON, and Mr. CORREA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4105.IH H4105 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4105 IH SEC. 2. DEFINITION. 1 In this Act, the term ‘‘counterfeit fentanyl or meth- 2 amphetamine substance’’ means a substance that— 3 (1) contains fentanyl, any analogue of fentanyl, 4 or methamphetamine; and 5 (2) is marketed, sold, or falsely bears the trade- 6 mark, trade name, or other identifying mark, im- 7 print, number, or any likeness thereof of another 8 product. 9 SEC. 3. PROHIBITED ACTS. 10 Section 403(d)(2) of the Controlled Substances Act 11 (21 U.S.C. 843(d)(2)) is amended, in the matter pre- 12 ceding subparagraph (A), by inserting ‘‘, fentanyl, an ana- 13 logue of fentanyl, or a counterfeit substance’’ after ‘‘meth- 14 amphetamine’’. 15 SEC. 4. COMPREHENSIVE PLAN. 16 Not later than 180 days after the date of enactment 17 of this Act, the Administrator of the Drug Enforcement 18 Administration shall establish and implement an operation 19 and response plan to address counterfeit fentanyl or meth- 20 amphetamine substances that includes— 21 (1) strategies to enable and empower Federal 22 law enforcement efforts to investigate and seize 23 counterfeit fentanyl or methamphetamine sub- 24 stances; 25 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4105.IH H4105 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4105 IH (2) specific ways that education and prevention 1 efforts to stop the use of counterfeit fentanyl or 2 methamphetamine substances will be increased, in- 3 cluding how— 4 (A) ongoing efforts, such as Operation En- 5 gage, are effective in increasing education and 6 prevention; and 7 (B) how the efforts described in subpara- 8 graph (A) are tailored to youth and teen access; 9 and 10 (3) an audit of current campaigns, including 11 the ‘‘One Pill Can Kill’’ campaign, on counterfeit 12 fentanyl or methamphetamine substances, including 13 a review of data and other available information on 14 how the campaigns can be tailored, adjusted, or im- 15 proved to better address the flow of counterfeit 16 fentanyl or methamphetamine substances. 17 SEC. 5. REPORT TO CONGRESS. 18 (a) REPORT.—Not later than 1 year after the date 19 of enactment of this Act, and every year thereafter, the 20 Attorney General, in consultation with the Administrator 21 of the Drug Enforcement Administration and Director of 22 the Office of National Drug Control Policy, shall submit 23 to Congress a report on information regarding the collec- 24 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4105.IH H4105 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4105 IH tion and prosecutions of counterfeit fentanyl or meth- 1 amphetamine substances. 2 (b) CONTENTS.—The report required under sub- 3 section (a) shall include the following: 4 (1) Data on the aggregate number of counter- 5 feit fentanyl or methamphetamine substances seized 6 and collected by Federal law enforcement agencies. 7 (2) A breakdown on how many counterfeit 8 fentanyl or methamphetamine substances are in pill 9 form. 10 (3) A breakdown on which illicit substances are 11 present in the counterfeit fentanyl or methamphet- 12 amine substances that are in pill form. 13 (4) Data outlining where and when counterfeit 14 fentanyl or methamphetamine substances were 15 seized. 16 (5) Data on the charges filed against those 17 manufacturing, distributing, or dispensing, or pos- 18 sessing with the intent to distribute or dispense, a 19 counterfeit fentanyl or methamphetamine substance, 20 particularly in pill form, pursuant to paragraph (1) 21 or (2) of section 401(a) of the Controlled Substances 22 Act (21 U.S.C. 841(a)), unless disclosure of the data 23 would— 24 (A) require unsealing an indictment; or 25 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4105.IH H4105 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 4105 IH (B) undermine investigations and charges 1 brought by the Department of Justice. 2 (6) Data on the convictions and sentences 3 against those who are found guilty under paragraph 4 (1) or (2) of section 401(a) of the Controlled Sub- 5 stances Act (21 U.S.C. 841(a)) as it pertains to 6 counterfeit fentanyl or methamphetamine sub- 7 stances, particularly those in pill form. 8 (7) Any prevention measures that the Depart- 9 ment of Justice, Drug Enforcement Administration, 10 or Office of National Drug Control Policy are under- 11 taking to limit and reduce the spread of counterfeit 12 fentanyl or methamphetamine substances in pill 13 form, including ongoing public awareness campaigns. 14 Æ VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4105.IH H4105 pbinns on DSKJLVW7X2PROD with $$_JOB