[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4151 Introduced in Senate (IS)]
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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.
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 dispending, 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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