Bill Summary
This legislation, known as the "Block, Report, and Suspend Suspicious Shipments Act of 2020," amends the Controlled Substances Act to clarify the process for registrants (such as pharmacies and manufacturers) to follow when they discover a suspicious order for controlled substances. The registrant must exercise due diligence, keep a record of their actions, decline to fill the order if the due diligence does not resolve suspicions, and report the order to the Drug Enforcement Administration. The Attorney General is required to establish regulations outlining the indicators that raise suspicion of a violation. This legislation will take effect one year after its enactment and its budgetary effects will be determined by the House Budget Committee.
Possible Impacts
1. People who are registered to handle controlled substances may face stricter requirements and regulations regarding the handling of suspicious orders, potentially causing delays or difficulties in obtaining necessary medications.
2. The Attorney General's regulation on the indicators that give rise to a suspicious order may impact the ability of medical professionals to prescribe certain controlled substances, potentially limiting treatment options for patients.
3. The budgetary effects of the Act may impact the availability and affordability of controlled substances, potentially affecting individuals who rely on these medications for chronic pain or other conditions.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3878 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 3878
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2020
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To amend the Controlled Substances Act to clarify the process for
registrants to exercise due diligence upon discovering a suspicious
order, 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 ``Block, Report, And Suspend
Suspicious Shipments Act of 2020''.
SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO EXERCISE DUE
DILIGENCE UPON DISCOVERING A SUSPICIOUS ORDER.
(a) In General.--Paragraph (3) of section 312(a) of the Controlled
Substances Act (21 U.S.C. 832(a)) is amended to read as follows:
``(3) upon discovering a suspicious order or series of
orders--
``(A) exercise due diligence;
``(B) establish and maintain (for not less than a
period to be determined by the Administrator of the
Drug Enforcement Administration) a record of the due
diligence that was performed;
``(C) decline to fill the order or series of orders
if the due diligence fails to resolve all of the
indicators that gave rise to the suspicion that filling
the order or series of orders would cause a violation
of this title by the registrant or the prospective
purchaser; and
``(D) notify the Administrator of the Drug
Enforcement Administration and the Special Agent in
Charge of the Division Office of the Drug Enforcement
Administration for the area in which the registrant is
located or conducts business of--
``(i) each suspicious order or series of
orders discovered by the registrant; and
``(ii) the indicators giving rise to the
suspicion that filling the order or series of
orders would cause a violation of this title by
the registrant or the prospective purchaser.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, for purposes of section 312(a)(3) of the Controlled
Substances Act, as amended by subsection (a), the Attorney General of
the United States shall promulgate a final regulation specifying the
indicators that give rise to a suspicion that filling an order or
series of orders would cause a violation of the Controlled Substances
Act (21 U.S.C. 801 et seq.) by a registrant or a prospective purchaser.
(c) Applicability.--Section 312(a)(3) of the Controlled Substances
Act, as amended by subsection (a), shall apply beginning on the day
that is 1 year after the date of enactment of this Act. Until such day,
section 312(a)(3) of the Controlled Substances Act shall apply as such
section 312(a)(3) was in effect on the day before the date of enactment
of this Act.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives November 17, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.