[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8005 Engrossed in House (EH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8005
_______________________________________________________________________
AN ACT
To amend the Controlled Substances Act to prevent the misuse of a
tableting machine, encapsulating machine, or critical part of a
tableting and encapsulating machine for the illicit manufacture of a
controlled substance or listed chemical, 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. REGULATION OF CERTAIN MACHINES.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) by striking paragraph (38) and inserting the following:
``(38) The term `regulated person' means a person who--
``(A) manufactures, distributes, imports, or exports a
listed chemical;
``(B) manufactures, distributes, delivers, sells, imports,
or exports a tableting machine, encapsulating machine, or
critical part of a tableting or encapsulating machine; or
``(C) acts as a broker or trader for a regulated
transaction involving a listed chemical, tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine.'';
(2) by striking paragraph (39)(B) and inserting the
following:
``(B) a distribution, delivery, sale, importation,
exportation, or international transaction of a tableting
machine, encapsulating machine, or critical part of a tableting
or encapsulating machine.'';
(3) in paragraph (42), by inserting ``, tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine'' after ``listed chemical'';
(4) in paragraph (43), in the matter preceding subparagraph
(A)--
(A) by striking ``an international'' and inserting
``a regulated''; and
(B) by inserting ``, tableting machine,
encapsulating machine, or critical part of a tableting
or encapsulating machine'' after ``listed chemical'';
and
(5) by adding at the end the following:
``(61) The term `critical part', when used in reference to a
tableting or encapsulating machine, means any of the following integral
parts of a tableting or encapsulating machine:
``(A) An upper punch.
``(B) A lower punch.
``(C) A die.
``(D) Any additional parts that the Attorney General has
determined to be integral to the operation of a tableting or
encapsulating machine, provided that such determination--
``(i) is made through rulemaking; and
``(ii) does not go into effect until the rulemaking
process has been completed.
``(62) The term `die' means a tool that serves as the mold in which
a product is compressed to form the desired size and shape of a tablet
or capsule.
``(63) The term `lower punch' means the punch inserted into the
turret below the die.
``(64) The term `punch' means a rod-shaped tool used in producing
tablets and other products.
``(65) The term `upper punch' means the punch inserted into the
turret above the die.''.
(b) Regulation.--
(1) Records of regulated transactions.--Section 310(a) of
the Controlled Substances Act (21 U.S.C. 830(a)) is amended--
(A) in paragraph (1), by striking ``or an
encapsulating machine'' and inserting ``, encapsulating
machine, or critical part of a tableting or
encapsulating machine''; and
(B) in paragraph (2)--
(i) by striking ``or encapsulating
machine'' and inserting ``, encapsulating
machine, or critical part of a tableting or
encapsulating machine''; and
(ii) by inserting before the period at the
end the following: ``and shall identify the
tableting machine, encapsulating machine, or
critical part of a tableting or encapsulating
machine by means of a serial number that is
engraved, cast, or otherwise permanently
affixed to a nonremovable part of the tableting
machine, encapsulating machine, or critical
part of a tableting or encapsulating machine''.
(2) Reports to attorney general.--Section 310(b)(1) of the
Controlled Substances Act (21 U.S.C. 830(b)(1)) is amended by
striking subparagraph (D) and inserting the following:
``(D) any regulated transaction in a tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine, including the serial number affixed to
the tableting machine, encapsulating machine, or critical part
of a tableting or encapsulating machine.''.
(3) Regulations.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall promulgate regulations carrying out the
amendments made by paragraphs (1) and (2).
(B) Inclusion.--The regulations required under
subparagraph (A) shall include requirements regarding
serial numbers affixed to tableting machines,
encapsulating machines, or critical parts of tableting
or encapsulating machines manufactured on or before the
date of enactment of this Act.
(4) Applicability.--
(A) In general.--Except as specified in
subparagraph (B), the amendments made by paragraphs (1)
and (2) shall apply only to any tableting machine,
encapsulating machine, or critical part of a tableting
or encapsulating machine manufactured, distributed,
delivered, sold, imported, exported, or included in an
international transaction after the effective date of
the regulations promulgated under paragraph (3).
(B) Exception.--Beginning on the date that is 180
days after the date of the enactment of this Act, the
amendments made by paragraph (1) of this subsection to
paragraphs (1) and (2) of section 310(a) of the
Controlled Substances Act (21 U.S.C. 830(a)) shall
apply with respect to a tableting machine,
encapsulating machine, or critical part of a tableting
or encapsulating machine manufactured on or before the
date of enactment of this Act.
(c) Prohibited Acts.--Section 403(a) of the Controlled Substances
Act (21 U.S.C. 843(a)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) to remove, alter, or obliterate any serial number
affixed to a tableting machine, encapsulating machine, or
critical part of a tableting or encapsulating machine, that is
required to have a serial number and with reasonable cause to
believe the serial number is so required; or
``(11) to transport, ship, receive, possess, distribute,
deliver, sell, import, or export a tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine that is required to have a serial number,
knowing that the serial number has been removed, altered, or
obliterated, and with reasonable cause to believe the serial
number is so required.''.
SEC. 3. PROVIDING FOR EXTRATERRITORIAL JURISDICTION.
(a) Possession, Manufacture, or Distribution for Purposes of
Unlawful Importation.--Section 1009 of the Controlled Substances Act
(21 U.S.C. 959) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c) It shall be unlawful for any person to manufacture or
distribute a tableting machine, encapsulating machine, or critical part
of a tableting or encapsulating machine--
``(1) intending or knowing that the tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine will be used to illicitly manufacture a
controlled substance or listed chemical; and
``(2) intending, knowing, or having reasonable cause to
believe that the tableting machine, encapsulating machine, or
critical part of a tableting or encapsulating machine will be
unlawfully imported into the United States.''; and
(3) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) manufacture or distribute a tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine--
``(A) intending or knowing that the tableting
machine, encapsulating machine, or critical part of a
tableting or encapsulating machine will be used to
illicitly manufacture a controlled substance or listed
chemical; and
``(B) intending, knowing, or having reasonable
cause to believe that the tableting machine,
encapsulating machine, or critical part of a tableting
or encapsulating machine will be unlawfully imported
into the United States.''.
(b) Prohibited Acts.--Section 1010 of the Controlled Substances Act
(21 U.S.C. 960) is amended--
(1) in subsection (d)--
(A) in paragraph (6), by striking ``or'' at the
end;
(B) in paragraph (7)--
(i) by striking ``section 959 of this
title'' and inserting ``section 1009''; and
(ii) by striking the period at the end and
inserting ``; or'';
(C) by inserting after paragraph (7) the following:
``(8) manufactures or distributes a tableting machine,
encapsulating machine, or critical part of a tableting or
encapsulating machine in violation of section 1009,''; and
(D) in the matter following paragraph (8), as so
inserted, by striking ``shall be fined'' and all that
follows through ``or both'' and inserting the
following: ``shall be fined in accordance with title
18, United States Code, imprisoned for the applicable
period described in subsection (e), or both''; and
(2) by adding at the end the following:
``(e) The applicable period described in this subsection is the
following:
``(1) In the case of a violation of paragraph (1) or (3) of
subsection (d) involving a list I chemical, not more than 20
years.
``(2) Subject to paragraph (4), in the case of a violation
of paragraph (7) of subsection (d), not more than 10 years.
``(3) Subject to paragraph (4), in the case of a violation
of paragraph (8) of subsection (d), not more than 8 years.
``(4) In the case of a violation of paragraph (7) or (8) of
subsection (d) that involves more than 1,000 kilograms of a
chemical or product or more than 100 machines that are
tableting machines or encapsulating machines, not more than 15
years.
``(5) In the case of any other violation of subsection (d),
not more than 10 years.''.
(c) United States Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal sentencing
guidelines and policy statements of the Commission in accordance with
this Act and the amendments made by this Act.
SEC. 4. COUNTERFEIT PILLS CONTAINING AN ILLICIT SYNTHETIC SUBSTANCE.
(a) Definition.--In this Act, the term ``counterfeit pill
containing an illicit synthetic substance'' means a substance in pill
or tablet form that--
(1) is a counterfeit substance, as defined in section
102(7) of the Controlled Substances Act (21 U.S.C. 802(7)); and
(2) contains fentanyl, an analogue of fentanyl, a fentanyl-
related substance, methamphetamine, an illicit depressant or
stimulant substance, an illicit narcotic, or an illicit
synthetic opioid.
(b) 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 fentanyl-related substance'' after ``methamphetamine''.
(c) Comprehensive Plan.--
(1) In general.--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 pills
containing an illicit synthetic substance.
(2) Contents.--The plan required under paragraph (1) shall
include--
(A) strategies to enable and empower Federal law
enforcement efforts to investigate and seize
counterfeit pills containing an illicit synthetic
substance;
(B) specific ways that education and prevention
efforts to stop the use of counterfeit pills containing
an illicit synthetic substance will be increased,
including--
(i) how ongoing efforts, such as Operation
Engage, are effective in increasing education
and prevention; and
(ii) how such ongoing efforts are tailored
to youth and teen access; and
(C) an audit of current campaigns on counterfeit
pills containing an illicit synthetic substance,
including a review of data and other available
information on how the campaigns can be tailored,
adjusted, or improved to better address the flow of
such counterfeit pills.
(3) Report to congress.--
(A) Report.--Not later than 1 year after the date
of enactment of this Act, and every year thereafter
through fiscal year 2031, the Attorney General, in
consultation with the Administrator of the Drug
Enforcement Administration and the Director of the
Office of National Drug Control Policy, shall submit to
Congress a report containing information regarding the
collection of counterfeit pills containing an illicit
synthetic substance and prosecutions undertaken in
connection with such counterfeit pills.
(B) Contents.--The report required under
subparagraph (A) shall include the following:
(i) Data on the aggregate number of
counterfeit pills containing an illicit
synthetic substance that have been seized and
collected by Federal law enforcement agencies.
(ii) A description of pharmaceutical
markings used for counterfeit pills containing
an illicit synthetic substance, including how
the markings compare to required labeling for
products approved by the Food and Drug
Administration.
(iii) A breakdown of which illicit
substances are present in counterfeit pills
containing an illicit synthetic substance.
(iv) Data outlining the geographic origin
and points of seizure of counterfeit pills
containing an illicit synthetic substance.
(v) Data on the charges filed pursuant to
paragraph (1) or (2) of section 401(a) of the
Controlled Substances Act (21 U.S.C. 841(a)) in
relation to counterfeit pills containing an
illicit synthetic substance, unless disclosure
of the data would--
(I) require unsealing an
indictment; or
(II) undermine investigations and
charges brought by the Department of
Justice.
(vi) 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 pills containing an
illicit synthetic substance.
(vii) Any prevention measures that the
Department of Justice, the Drug Enforcement
Administration, or the Office of National Drug
Control Policy are undertaking to limit and
reduce the spread of counterfeit pills
containing an illicit synthetic substance,
including ongoing public awareness campaigns.
Passed the House of Representatives September 15, 2026.
Attest:
Clerk.
119th CONGRESS
2d Session
H. R. 8005
_______________________________________________________________________
AN ACT
To amend the Controlled Substances Act to prevent the misuse of a
tableting machine, encapsulating machine, or critical part of a
tableting and encapsulating machine for the illicit manufacture of a
controlled substance or listed chemical, and for other purposes.