S. 3087 — Stop Pills That Kill Act

This section defines the term “counterfeit fentanyl or methamphetamine substance” for purposes of the Act as 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.

This section expands the prohibition on knowingly or intentionally possessing or distributing a listed chemical (i.e., a precursor chemical regulated under the Controlled Substances Act) with reasonable cause to believe it will be used to manufacture methamphetamine to also include fentanyl, a fentanyl analogue, or a counterfeit substance.

This section directs the Administrator of the Drug Enforcement Administration, not later than 180 days after the date of enactment, to 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 such substances; (2) specific ways to increase education and prevention efforts, including assessments of the effectiveness of ongoing efforts such as Operation Engage and how they are tailored to youth and teen access; and (3) an audit of current campaigns, including the "One Pill Can Kill" campaign, with a review of data and other information on how the campaigns can be tailored, adjusted, or improved to better address the flow of such substances.

This section directs the Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and Director of the Office of National Drug Control Policy, to submit to Congress an annual report—not later than one year after enactment and every year thereafter—on the collection and prosecution of counterfeit fentanyl or methamphetamine substances under paragraphs (1) or (2) of 21 U.S.C. §841(a) (i.e., provisions prohibiting knowing or intentional manufacture, distribution, dispensation, or possession with intent to manufacture, distribute, or dispense, of controlled or counterfeit substances). The report must include (1) aggregate data on seizures by federal law enforcement; (2) a breakdown of counterfeit substances in pill form; (3) a breakdown of illicit substances present in such pills; (4) data on seizure locations and dates; (5) data on charges filed, subject to exceptions to avoid unsealing indictments or undermining investigations; (6) data on convictions and sentences; and (7) prevention measures, including public awareness campaigns, by the Department of Justice, Drug Enforcement Administration, or Office of National Drug Control Policy.