The text of the bill below is as of May 7, 2021 (Preprint (Suspension)).
I 117TH CONGRESS 1ST SESSION H. R. 768 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. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Mr. MCKINLEY (for himself and Mrs. DINGELL) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and the Budget, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend the Controlled Substances Act to clarify the proc- ess for registrants to exercise due diligence upon discov- ering a suspicious order, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Block, Report, And 5 Suspend Suspicious Shipments Act of 2021’’. pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 18:14 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
2 1 SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO 2 EXERCISE DUE DILIGENCE UPON DISCOV- 3 ERING A SUSPICIOUS ORDER. 4 (a) IN GENERAL.—Paragraph (3) of section 312(a) 5 of the Controlled Substances Act (21 U.S.C. 832(a)) is 6 amended to read as follows: 7 ‘‘(3) upon discovering a suspicious order or se- 8 ries of orders— 9 ‘‘(A) exercise due diligence; 10 ‘‘(B) establish and maintain (for not less 11 than a period to be determined by the Adminis- 12 trator of the Drug Enforcement Administra- 13 tion) a record of the due diligence that was per- 14 formed; 15 ‘‘(C) decline to fill the order or series of 16 orders if the due diligence fails to resolve all of 17 the indicators that gave rise to the suspicion 18 that filling the order or series of orders would 19 cause a violation of this title by the registrant 20 or the prospective purchaser; and 21 ‘‘(D) notify the Administrator of the Drug 22 Enforcement Administration and the Special 23 Agent in Charge of the Division Office of the 24 Drug Enforcement Administration for the area pamtmann on DSKBC07HB2PROD with BILLS 25 in which the registrant is located or conducts 26 business of— •HR 768 IH VerDate Sep 11 2014 18:14 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
3 1 ‘‘(i) each suspicious order or series of 2 orders discovered by the registrant; and 3 ‘‘(ii) the indicators giving rise to the 4 suspicion that filling the order or series of 5 orders would cause a violation of this title 6 by the registrant or the prospective pur- 7 chaser.’’. 8 (b) REGULATIONS.—Not later than 1 year after the 9 date of enactment of this Act, for purposes of section 10 312(a)(3) of the Controlled Substances Act, as amended 11 by subsection (a), the Attorney General of the United 12 States shall promulgate a final regulation specifying the 13 indicators that give rise to a suspicion that filling an order 14 or series of orders would cause a violation of the Con- 15 trolled Substances Act (21 U.S.C. 801 et seq.) by a reg- 16 istrant or a prospective purchaser. 17 (c) APPLICABILITY.—Section 312(a)(3) of the Con- 18 trolled Substances Act, as amended by subsection (a), 19 shall apply beginning on the day that is 1 year after the 20 date of enactment of this Act. Until such day, section 21 312(a)(3) of the Controlled Substances Act shall apply as 22 such section 312(a)(3) was in effect on the day before the 23 date of enactment of this Act. pamtmann on DSKBC07HB2PROD with BILLS •HR 768 IH VerDate Sep 11 2014 18:14 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
4 1 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 2 The budgetary effects of this Act, for the purpose of 3 complying with the Statutory Pay-As-You-Go Act of 2010, 4 shall be determined by reference to the latest statement 5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 6 Act, submitted for printing in the Congressional Record 7 by the Chairman of the House Budget Committee, pro- 8 vided that such statement has been submitted prior to the 9 vote on passage. Æ pamtmann on DSKBC07HB2PROD with BILLS •HR 768 IH VerDate Sep 11 2014 18:14 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H768.IH H768