[Congressional Record Volume 172, Number 145 (Tuesday, September 15, 2026)]
[House]
[Pages H5674-H5676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STOP PILLS THAT KILL ACT
Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8005) to amend the Controlled Substances Act to prohibit
certain acts related to fentanyl, analogues of fentanyl, and
counterfeit substances, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8005
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
[[Page H5675]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Guthrie) and the gentlewoman from Texas (Mrs. Fletcher)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks on the
legislation and include extraneous material on H.R. 8005.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 8005, the Stop
Pills That Kill Act, that my good friend from Colorado (Mr. Evans) has
brought forward.
[[Page H5676]]
The threat posed by illicit pill presses has risen as drug
traffickers continue to press fentanyl, methamphetamine, and other
illicit drugs into drug pills.
In 2025 alone, DEA seized over 47 million fentanyl-laced counterfeit
pills. This bill makes important regulatory changes to strengthen DEA's
ability to stop bad actors from misusing pill presses, tableting, and
encapsulating machines and their critical components to illicitly
manufacture controlled substances to poison our communities.
This bill will make our streets safer.
I applaud the tireless efforts of my friend from Colorado to protect
Americans from these threats.
Mr. Speaker, I encourage my colleagues to support this bill, and I
reserve the balance of my time.
Mrs. FLETCHER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 8005. This legislation
addresses the supply chains that turn illicit chemicals into
counterfeit pills by targeting the equipment, importation, and
production behind the fentanyl crisis. Over the past several years, we
have worked together in a strong, bipartisan way to make real progress
in combating the overdose crisis. However, it is important to recognize
that an enforcement-only strategy is not the answer. This legislation
prioritizes enforcement, and enforcement alone ultimately does not save
lives.
The good news is that we know what does: expanding access to
treatment for opioid use disorder and harm-reduction interventions like
fentanyl test strips and naloxone.
That is why the Trump administration's actions to slash substance use
treatment funding is so alarming. It could threaten the real progress
that we have made. The Trump administration has dismantled the
Substance Abuse and Mental Health Services Administration, SAMHSA, the
agency responsible for addressing the overdose crisis, and it has kept
hundreds of millions of dollars in addiction and overdose prevention
funding.
If we truly want to protect our community, we need to work together
to increase access to treatment and stop these attacks from this
administration.
Mr. Speaker, I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Evans), who is a tireless fighter on this issue and a
very valuable member of the Energy and Commerce Committee.
Mr. EVANS of Colorado. Mr. Speaker, I thank the gentleman from
Kentucky for yielding.
Mr. Speaker, I am proud to rise today in strong support of my bill to
help combat the epidemic of fentanyl deaths that have been driven by
the proliferation of counterfeit pills.
My bill, the Stop Pills That Kill Act, is commonsense legislation
that will help save American lives by cracking down on criminals who
traffic poison disguised as prescription drugs.
Under Republican leadership, the United States has thankfully seen a
steep decline in monthly synthetic opioid deaths, driven by policies
that strengthen border security and target cartels and drug dealers.
Unfortunately, my State of Colorado has seen the exact opposite trend,
with an average overdose rate of about 800 deaths per month at the end
of 2024 increasing to 1,000 deaths now. Because Colorado's trends have
not matched the Nation and have, in fact, gone the other direction, my
State has, unfortunately, seen more than 1,600 tragic and preventable
excess overdose deaths.
I was a cop in the Denver area for over a decade. I know that this
figure isn't just a tragic coincidence. It is a direct result of failed
policies. While I was working to keep communities in Colorado safe from
the poison that is fentanyl, Denver Democrats chose repeatedly to push
soft-on-crime policies that lessened criminal sentencing for drug
offenses while refusing to take a hard line on fentanyl.
The Stop Pills That Kill Act counteracts these deadly policies by
doing three simple things: It closes a sentencing loophole that allows
poison peddlers off with a slap on the wrist. It implements
serialization requirements for pill presses and their critical
components. And it makes it illegal to manufacture, distribute, or
import pill presses with the intent to illicitly produce a controlled
substance.
I will remind my colleagues that every 15 days under the previous
administration we lost the same number of Americans to drug overdose
deaths that we lost in the entirety of the September 11 terrorist
attacks. I was a cop for 10 years, and I was a soldier for 12. I
deployed to a combat zone as part of the global war on terror, and that
statistic speaks volumes. We must remember the impacts that fentanyl
has had on hundreds of thousands of American families.
During the legislative process, two bills were folded into mine, the
Fight Illicit Pill Presses Act, led by Representative Hageman, and the
PRESS Act led by Representative McDowell. I thank both of them for
their work, but I want to particularly recognize my friend, Mr.
McDowell, who tragically lost his own brother to fentanyl nearly 10
years ago. Representative McDowell's dedication to fighting this crisis
is a fitting honor to his brother's legacy.
Mr. Speaker, I urge my colleagues to join me in supporting this
critically important, commonsense bill.
Mrs. FLETCHER. Mr. Speaker, as we have noted, this legislation
addresses supply chains that turn illicit chemicals into counterfeit
pills, and it is a critical part of fighting back against the fentanyl
crisis. We must do this and more, restoring funding, restoring
programs, and ensuring access to treatment.
For these reasons, Mr. Speaker, I urge my colleagues to vote ``yes''
on this bill, and I yield back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I appreciate the hard work of my friend
from Colorado. I encourage a ``yes'' vote on the bill, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Guthrie) that the House suspend the rules
and pass the bill, H.R. 8005, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill 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.''.
A motion to reconsider was laid on the table.
____________________