[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2837 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 471
115th CONGRESS
  2d Session
                                S. 2837

  To improve the systems for identifying the diversion of controlled 
                              substances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2018

  Ms. Hassan (for herself and Mr. Grassley) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                             June 19, 2018

              Reported by Mr. Grassley, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To improve the systems for identifying the diversion of controlled 
                              substances.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Preventing Drug Diversion 
Act of 2018''.</DELETED>

<DELETED>SEC. 2. IMPROVEMENTS TO PREVENT DRUG DIVERSION.</DELETED>

<DELETED>    (a) Definition.--</DELETED>
        <DELETED>    (1) In general.--Section 102 of the Controlled 
        Substances Act (21 U.S.C. 802) is amended by adding at the end 
        the following:</DELETED>
        <DELETED>    ``(57) The term `suspicious order' includes--
        </DELETED>
                <DELETED>    ``(A) an order of a controlled substance 
                of unusual size;</DELETED>
                <DELETED>    ``(B) an order of a controlled substance 
                deviating substantially from a normal 
                pattern;</DELETED>
                <DELETED>    ``(C) orders of controlled substances of 
                unusual frequency; and</DELETED>
                <DELETED>    ``(D) an order or pattern of orders of a 
                controlled substance that meet such other criteria as 
                are established by the Attorney General by 
                regulation.''.</DELETED>
        <DELETED>    (2) Regulations.--Not later than 1 year after the 
        date of enactment of this Act, the Attorney General shall 
        promulgate regulations under paragraph (57)(D) of section 102 
        of the Controlled Substances Act, as added by paragraph (1) of 
        this subsection.</DELETED>
<DELETED>    (b) Suspicious Orders.--Part C of the Controlled 
Substances Act (21 U.S.C. 821 et seq.) is amended by adding at the end 
the following:</DELETED>

<DELETED>``SEC. 312. SUSPICIOUS ORDERS.</DELETED>

<DELETED>    ``(a) Reporting.--Each registrant shall--</DELETED>
        <DELETED>    ``(1) design and operate a system to identify 
        suspicious orders for the registrant;</DELETED>
        <DELETED>    ``(2) ensure that the system designed and operated 
        under paragraph (1) by the registrant complies with applicable 
        Federal and State privacy laws; and</DELETED>
        <DELETED>    ``(3) upon discovering a suspicious order or 
        series of orders, 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.</DELETED>
<DELETED>    ``(b) Suspicious Order Database.--Not later than 1 year 
after the date of enactment of this section, the Attorney General shall 
establish a centralized database for collecting reports of suspicious 
orders.</DELETED>
<DELETED>    ``(c) Sharing Information With the States.--</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General shall make 
        available to the point of contact for criminal and civil 
        enforcement efforts designated by the Governor or chief 
        executive officer of a State--</DELETED>
                <DELETED>    ``(A) information regarding suspicious 
                orders in the State, including information in the 
                database established under subsection (b); 
                and</DELETED>
                <DELETED>    ``(B) information relating to the State in 
                the Automation of Reports and Consolidated Orders 
                System, or any subsequent automated system developed by 
                the Drug Enforcement Administration to monitor selected 
                controlled substances.</DELETED>
        <DELETED>    ``(2) Timing.--The Attorney General shall provide 
        information in accordance with paragraph (1) within a 
        reasonable period of time after obtaining the 
        information.</DELETED>
        <DELETED>    ``(3) Coordination.--In establishing the process 
        for the provision of information under this subsection, the 
        Attorney General shall coordinate with States to ensure that 
        the Attorney General has access to information, as permitted 
        under State law, possessed by the States relating to 
        prescriptions for controlled substances that will assist in 
        enforcing Federal law.''.</DELETED>
<DELETED>    (c) Increased Civil Penalties.--Section 402(c) of the 
Controlled Substances Act (21 U.S.C. 842(c)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(B), by striking ``shall not 
        exceed $10,000.'' and inserting the following: ``shall not 
        exceed--</DELETED>
        <DELETED>    ``(i) except as provided in clause (ii), $10,000; 
        and</DELETED>
        <DELETED>    ``(ii) if the violation relates to the reporting 
        of suspicious orders or failing to maintain effective controls 
        against diversion, $100,000.''; and</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by inserting ``or 
                (D)'' after ``subparagraph (B)''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(D) In the case of a violation referred to in 
subparagraph (A) that was a violation of paragraph (5) or (10) of 
subsection (a) that relates to the reporting of suspicious orders or 
failing to maintain effective controls against diversion, the criminal 
fine shall not exceed $500,000.''.</DELETED>
<DELETED>    (d) Reports to Congress.--</DELETED>
        <DELETED>    (1) Definition.--In this subsection, the term 
        ``suspicious orders'' has the meaning given that term in 
        section 102 of the Controlled Substances Act, as amended by 
        this Act.</DELETED>
        <DELETED>    (2) One time report.--Not later than 1 year after 
        the date of enactment of this Act, the Attorney General shall 
        submit to Congress a report on the reporting of suspicious 
        orders, which shall include--</DELETED>
                <DELETED>    (A) a description of the centralized 
                database established under section 312 of the 
                Controlled Substances Act, as added by this section, to 
                collect reports of suspicious orders;</DELETED>
                <DELETED>    (B) a description of the system 
                established under section 312 of the Controlled 
                Substances Act, as added by this section, to share 
                information with States;</DELETED>
                <DELETED>    (C) information regarding how the Attorney 
                General used reports of suspicious orders before the 
                date of enactment of this Act and after the date of 
                enactment of this Act, including how the Attorney 
                General received the reports and what actions were 
                taken in response to the reports; and</DELETED>
                <DELETED>    (D) descriptions of the data analyses 
                conducted on reports of suspicious orders and 
                information in the Automation of Reports and 
                Consolidated Orders System of the Drug Enforcement 
                Administration to identify suspicious 
                activity.</DELETED>
        <DELETED>    (3) Additional reports.--Not later than 1 year 
        after the date of enactment of this Act, and annually 
        thereafter until the date that is 5 years after the date of 
        enactment of this Act, the Attorney General shall submit to 
        Congress a report providing, for the previous year--</DELETED>
                <DELETED>    (A) the number of reports of suspicious 
                orders;</DELETED>
                <DELETED>    (B) a description of actions taken in 
                response to reports of suspicious orders; and</DELETED>
                <DELETED>    (C) a description of the information 
                shared with States based on reports of suspicious 
                orders and information in the Automation of Reports and 
                Consolidated Orders System of the Drug Enforcement 
                Administration.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Drug Diversion Act of 
2018''.

SEC. 2. IMPROVEMENTS TO PREVENT DRUG DIVERSION.

    (a) Definition.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended by adding at the end the following:
            ``(57) The term `suspicious order' includes--
                    ``(A) an order of a controlled substance of unusual 
                size;
                    ``(B) an order of a controlled substance deviating 
                substantially from a normal pattern; and
                    ``(C) orders of controlled substances of unusual 
                frequency.''.
    (b) Suspicious Orders.--Part C of the Controlled Substances Act (21 
U.S.C. 821 et seq.) is amended by adding at the end the following:

``SEC. 312. SUSPICIOUS ORDERS.

    ``(a) Reporting.--Each registrant shall--
            ``(1) design and operate a system to identify suspicious 
        orders for the registrant;
            ``(2) ensure that the system designed and operated under 
        paragraph (1) by the registrant complies with applicable 
        Federal and State privacy laws; and
            ``(3) upon discovering a suspicious order or series of 
        orders, 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.
    ``(b) Suspicious Order Database.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Attorney General shall establish 
        a centralized database for collecting reports of suspicious 
        orders.
            ``(2) Satisfaction of reporting requirements.--If a 
        registrant reports a suspicious order to the centralized 
        database established under paragraph (1), the registrant shall 
        be considered to have complied with the requirement under 
        subsection (a)(3) to 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.
    ``(c) Sharing Information With the States.--
            ``(1) In general.--The Attorney General shall prepare and 
        make available information regarding suspicious orders in a 
        State, including information in the database established under 
        subsection (b)(1), to the point of contact for purposes of 
        administrative, civil, and criminal oversight relating to the 
        diversion of controlled substances for the State, as designated 
        by the Governor or chief executive officer of the State.
            ``(2) Timing.--The Attorney General shall provide 
        information in accordance with paragraph (1) within a 
        reasonable period of time after obtaining the information.
            ``(3) Coordination.--In establishing the process for the 
        provision of information under this subsection, the Attorney 
        General shall coordinate with States to ensure that the 
        Attorney General has access to information, as permitted under 
        State law, possessed by the States relating to prescriptions 
        for controlled substances that will assist in enforcing Federal 
        law.''.
    (c) Reports to Congress.--
            (1) Definition.--In this subsection, the term ``suspicious 
        order'' has the meaning given that term in section 102 of the 
        Controlled Substances Act, as amended by this Act.
            (2) One time report.--Not later than 1 year after the date 
        of enactment of this Act, the Attorney General shall submit to 
        Congress a report on the reporting of suspicious orders, which 
        shall include--
                    (A) a description of the centralized database 
                established under section 312 of the Controlled 
                Substances Act, as added by this section, to collect 
                reports of suspicious orders;
                    (B) a description of the system and reports 
                established under section 312 of the Controlled 
                Substances Act, as added by this section, to share 
                information with States;
                    (C) information regarding how the Attorney General 
                used reports of suspicious orders before the date of 
                enactment of this Act and after the date of enactment 
                of this Act, including how the Attorney General 
                received the reports and what actions were taken in 
                response to the reports; and
                    (D) descriptions of the data analyses conducted on 
                reports of suspicious orders to identify, analyze, and 
                stop suspicious activity.
            (3) Additional reports.--Not later than 1 year after the 
        date of enactment of this Act, and annually thereafter until 
        the date that is 5 years after the date of enactment of this 
        Act, the Attorney General shall submit to Congress a report 
        providing, for the previous year--
                    (A) the number of reports of suspicious orders;
                    (B) a summary of actions taken in response to 
                reports, in the aggregate, of suspicious orders; and
                    (C) a description of the information shared with 
                States based on reports of suspicious orders.
                                                       Calendar No. 471

115th CONGRESS

  2d Session

                                S. 2837

_______________________________________________________________________

                                 A BILL

  To improve the systems for identifying the diversion of controlled 
                              substances.

_______________________________________________________________________

                             June 19, 2018

                       Reported with an amendment