[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4272 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4272
To provide public awareness and outreach regarding the dangers of
fentanyl, to expand the grants authorized under the Comprehensive
Opioid Abuse Grant Program, to expand treatment and recovery services
for people with opioid addictions, and to increase and to provide
enhanced penalties for certain offenses involving counterfeit pills.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2023
Ms. Jackson Lee (for herself, Mr. Nadler, Mr. Evans, Mr. Espaillat, Mr.
Ivey, Mr. Schiff, Ms. Ross, Ms. Crockett, Mr. Davis of Illinois, Mr.
Cohen, Mrs. Cherfilus-McCormick, Ms. Wilson of Florida, Mr. Doggett,
Mrs. Beatty, Mr. Mfume, Mr. Jackson of Illinois, Mr. Neguse, Mr.
Johnson of Georgia, Mr. Thompson of Mississippi, Mr. Cleaver, Ms.
Kamlager-Dove, Mrs. Sykes, Mr. Horsford, Ms. Sewell, Mr. Carter of
Louisiana, Ms. Clarke of New York, Mrs. McBath, Mr. Vargas, Mr. Robert
Garcia of California, Mr. Thanedar, Ms. Williams of Georgia, Mr. Garcia
of Illinois, Mr. Grijalva, Mr. Payne, Mr. Carson, Mr. Raskin, Ms. Lee
of California, Mr. Meeks, Mr. Lieu, Mr. Bowman, Ms. Moore of Wisconsin,
Mr. Sherman, and Ms. Brown) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on the Judiciary, 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 provide public awareness and outreach regarding the dangers of
fentanyl, to expand the grants authorized under the Comprehensive
Opioid Abuse Grant Program, to expand treatment and recovery services
for people with opioid addictions, and to increase and to provide
enhanced penalties for certain offenses involving counterfeit pills.
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 Fentanyl Now Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is in the midst of the worst opioid
epidemic in history.
(2) Illicit fentanyl is typically mixed into heroin or
pressed into counterfeit pills made to look like controlled
prescription drugs such as oxycodone, hydrocodone, and Xanax.
(3) From September 29 through December 15, 2021, the DEA
seized more than 1,500 pounds of substances containing fentanyl
and 8.4 million fentanyl-laced, fake prescription pills. The
seizures were directly linked to at least 39 overdose deaths
and included at least 76 cases that involved buying and selling
drugs on social media apps. Over the course of that year, the
DEA seized over 15,000 pounds of substances containing fentanyl
and 20.4 million fake pills, with roughly four out of every 10
pills containing lethal doses of fentanyl.
(4) The widespread availability of illicit fentanyl, the
proliferation of counterfeit pills resembling prescription
drugs but containing illicit fentanyl or other illicit drugs,
and the ease of purchasing pills through social media have
increased fatal overdose risk among adolescents.
(5) According to the Centers for Disease Control, overdose
deaths reached a historic high of more than 90,000 drug
overdose deaths in 2020, a 31 percent increase compared with
the previous year and in 2021, there were more than 106,000
reported drug overdose deaths in the U.S., with deaths
involving synthetic opioids (primarily fentanyl) numbering
70,601.
(6) Between 2019 and 2021, more than 2,200 adolescents
overdosed, 96 percent of whom were between the ages of 15 and
19. Fentanyl was involved in 84 percent of the deaths. While
counterfeit pill evidence was present in 25 percent of
adolescent overdose deaths, this is likely an underestimate
because pills present at the scenes of the overdose deaths were
not always tested.
(7) Many overdose deaths are preventable with public health
interventions such as education, harm reduction, and treatment
access.
(8) Public education campaigns can teach teenagers,
parents, and others on the dangers of fentanyl and counterfeit
pills and educating individuals on mitigating practices can be
beneficial, including emphasis on not initiating drug use, not
using drugs while alone, using fentanyl test strips, and having
overdose reversal drugs readily available.
(9) Opioid antagonists, such as naloxone, can be used
during emergencies to reverse opioid overdoses and are
effective at preventing fatal drug overdoses.
(10) The Centers for Disease Control and Prevention
reported that despite an increase in prescriptions for
emergency opioid antagonists, not enough of the medication is
getting into the hands of those who need it most.
(11) Expanding access to emergency opioid antagonists and
encouraging people to obtain emergency opioid antagonists are
in the best interest of the health and safety of the public.
(12) Increasing access to medications like methadone and
buprenorphine that effectively treat opioid use disorder can
save lives.
(13) Greater access to drug detection tools such as
fentanyl strips are a low-cost method of helping prevent drug
overdoses and reducing harm.
SEC. 3. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM.
Section 3021 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10701(a)) is amended--
(1) in subsection (a), by adding at the end the following:
``(11) Developing, implementing, or expanding a program
that provides training and resources for teachers and other
school officials in public or private middle schools, high
schools, institutions of higher education (as such term is
defined in section 101 of the Higher Education Act of 1965), or
area career and technical education schools (as such term is
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006) on--
``(A) carrying and administering an opioid overdose
reversal drug or device approved or cleared by the Food
and Drug Administration; or
``(B) acquiring such a drug or device for teachers
and other school officials who have received such
training to so carry and administer such a drug or
device.''; and
(2) by adding at the end the following:
``(g) Preferential Consideration.--In awarding grants under this
part, the Attorney General may give preferential consideration to an
application from an applicant in a State that--
``(1) has in effect a law that exempts from criminal and
civil liability teachers and other school officials who carry
or administer in good faith an opioid overdose reversal drug or
device approved or cleared by the Food and Drug Administration
if trained to carry or administer such drug or device; or
``(2) has in effect a law that exempts from criminal or
civil liability the possession, sale, or purchase of fentanyl
drug testing equipment, including fentanyl test strips.''.
SEC. 4. PREVENTION AND TREATMENT OF FENTANYL-LACED SUBSTANCE USE.
(a) Prevention.--The Secretary of Health and Human Services, in
consultation with the Attorney General, shall develop and implement a
national strategy to prevent the use of fentanyl, fentanyl-related
substances, and fentanyl-laced substances. The strategy shall include
the following elements:
(1) Education and outreach to the public about the dangers
of fentanyl, fentanyl-related substances, and fentanyl-laced
substances.
(2) Development of treatment programs for individuals who
are addicted to fentanyl and fentanyl-related substances.
(b) Treatment.--The Secretary of Health and Human Services shall
provide grants to States and localities to support the development and
implementation of treatment programs for individuals who are addicted
to fentanyl and fentanyl-related substances.
SEC. 5. ENHANCED LAW ENFORCEMENT EFFORTS.
(a) Increased Resources.--The Attorney General shall increase the
resources available to law enforcement agencies to combat the
trafficking of fentanyl, fentanyl-related substances, and fentanyl-
laced substances. The Attorney General shall prioritize the following
activities:
(1) Investigation and prosecution of individuals who
traffic fentanyl, fentanyl-related substances, and fentanyl-
laced substances.
(2) Disruption of the supply chain for fentanyl, fentanyl-
related substances, and fentanyl-laced substances.
(3) Prevention of the importation of fentanyl, fentanyl-
related substances, and fentanyl-laced substances into the
United States.
(b) Interagency Coordination.--The Attorney General shall establish
an interagency task force to coordinate the efforts of Federal, State,
and local law enforcement agencies to combat the trafficking of
fentanyl, fentanyl-related substances, and fentanyl-laced substances.
SEC. 6. RESEARCH.
The Secretary of Health and Human Services shall conduct research
on the following topics:
(1) The effects of fentanyl, fentanyl-related substances,
and fentanyl-laced substances on human health.
(2) The development of new treatments for individuals who
are addicted to fentanyl and fentanyl-related substances.
(3) The best practices for preventing the use of fentanyl,
fentanyl-related substances, and fentanyl-laced substances.
SEC. 7. INCREASE IN PUNISHMENT.
Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 333(a)) is amended by adding at the end the following:
``(9)(A) Notwithstanding subsection (a)(1), any person who
violates subsection (a), (b), (c), or (g) of section 301 with
respect to any drug, if such violation results in--
``(i) serious bodily injury, shall be imprisoned
not more than 10 years, fined not more than $1,000,000,
or both; or
``(ii) death, shall be imprisoned for any term of
years or for life, fined not more than $5,000,000, or
both.
``(B) Notwithstanding subsection (a)(2), any person who
violates subsection (a), (b), (c), or (g) of section 301 with
respect to any drug with the intent to defraud or mislead, if
such violation results in--
``(i) serious bodily injury, shall be imprisoned
not more than 20 years, fined not more than $5,000,000,
or both; or
``(ii) death, shall be imprisoned for any term of
years or for life, fined not more than $10,000,000, or
both.
``(C) Any person who violates subsection (a), (b), (c), or
(g) of section 301 with respect to any drug promoted or sold
online shall, in addition to the punishment provided for such
violation, be sentenced to a term of imprisonment of not more
than 5 years.''.
SEC. 8. EXCLUSION OF FENTANYL DRUG TESTING EQUIPMENT FROM TREATMENT AS
``DRUG PARAPHERNALIA''.
Section 422(f) of the Controlled Substances Act (21 U.S.C. 863(f))
is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the possession, sale, or purchase of fentanyl drug
testing equipment, including fentanyl test strips.''.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that fentanyl deaths should be
addressed by--
(1) increasing funding for prevention and treatment
programs, including--
(A) programs that provide education and treatment
for people who are at risk of opioid addiction or
overdose; and
(B) school-based programs, community outreach
programs, and treatment centers;
(2) expanding access to naloxone (a medication that can
reverse the effects of an opioid overdose) such as by making
naloxone available over-the-counter or by providing subsidies
for its purchase;
(3) cracking down on the trafficking of fentanyl,
including--
(A) increased efforts both domestically and
internationally;
(B) increased funding for law enforcement agencies;
(C) increased penalties for fentanyl trafficking;
and
(D) working with other countries to stop the flow
of fentanyl across borders;
(4) improving data collection and analysis, including the
improvement of Federal data collection and analysis on fentanyl
deaths, to better understand the scope of the problem and
identify effective prevention and treatment strategies; and
(5) supporting research on new treatment options,
including--
(A) support for research on new treatment options
for opioid addiction and overdose; and
(B) funding for research on new medications, new
delivery methods, and new approaches to treatment.
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