Block, Report, And Suspend Suspicious Shipments Act of 2020

IIB 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 proc- ess for registrants to exercise due diligence upon discov- ering a suspicious order, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3878.RFS H3878 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 3878 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Block, Report, And 2 Suspend Suspicious Shipments Act of 2020’’. 3 SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO 4 EXERCISE DUE DILIGENCE UPON DISCOV- 5 ERING A SUSPICIOUS ORDER. 6 (a) IN GENERAL.—Paragraph (3) of section 312(a) 7 of the Controlled Substances Act (21 U.S.C. 832(a)) is 8 amended to read as follows: 9 ‘‘(3) upon discovering a suspicious order or se- 10 ries of orders— 11 ‘‘(A) exercise due diligence; 12 ‘‘(B) establish and maintain (for not less 13 than a period to be determined by the Adminis- 14 trator of the Drug Enforcement Administra- 15 tion) a record of the due diligence that was per- 16 formed; 17 ‘‘(C) decline to fill the order or series of 18 orders if the due diligence fails to resolve all of 19 the indicators that gave rise to the suspicion 20 that filling the order or series of orders would 21 cause a violation of this title by the registrant 22 or the prospective purchaser; and 23 ‘‘(D) notify the Administrator of the Drug 24 Enforcement Administration and the Special 25 Agent in Charge of the Division Office of the 26 VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3878.RFS H3878 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 3878 RFS Drug Enforcement Administration for the area 1 in which the registrant is located or conducts 2 business of— 3 ‘‘(i) each suspicious order or series of 4 orders discovered by the registrant; and 5 ‘‘(ii) the indicators giving rise to the 6 suspicion that filling the order or series of 7 orders would cause a violation of this title 8 by the registrant or the prospective pur- 9 chaser.’’. 10 (b) REGULATIONS.—Not later than 1 year after the 11 date of enactment of this Act, for purposes of section 12 312(a)(3) of the Controlled Substances Act, as amended 13 by subsection (a), the Attorney General of the United 14 States shall promulgate a final regulation specifying the 15 indicators that give rise to a suspicion that filling an order 16 or series of orders would cause a violation of the Con- 17 trolled Substances Act (21 U.S.C. 801 et seq.) by a reg- 18 istrant or a prospective purchaser. 19 (c) APPLICABILITY.—Section 312(a)(3) of the Con- 20 trolled Substances Act, as amended by subsection (a), 21 shall apply beginning on the day that is 1 year after the 22 date of enactment of this Act. Until such day, section 23 312(a)(3) of the Controlled Substances Act shall apply as 24 VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3878.RFS H3878 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 3878 RFS such section 312(a)(3) was in effect on the day before the 1 date of enactment of this Act. 2 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 3 The budgetary effects of this Act, for the purpose of 4 complying with the Statutory Pay-As-You-Go Act of 2010, 5 shall be determined by reference to the latest statement 6 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 7 Act, submitted for printing in the Congressional Record 8 by the Chairman of the House Budget Committee, pro- 9 vided that such statement has been submitted prior to the 10 vote on passage. 11 Passed the House of Representatives November 17, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3878.RFS H3878 pamtmann on DSKBC07HB2PROD with BILLS