[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1366 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1366

To amend the Controlled Substances Act to require the Attorney General 
 to make procurement quotas for opioid analgesics publicly available, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2019

   Mr. Markey (for himself, Mrs. Shaheen, Mr. Brown, Mr. Durbin, Ms. 
Hassan, and Mr. Manchin) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Controlled Substances Act to require the Attorney General 
 to make procurement quotas for opioid analgesics publicly available, 
                        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 ``Opioid Quota Openness, Transparency, 
and Awareness Act of 2019'' or the ``Opioid QuOTA Act''.

SEC. 2. PUBLIC REPORTING OF PROCUREMENT QUOTAS FOR OPIOID ANALGESICS.

    (a) In General.--Section 306 of the Controlled Substances Act (21 
U.S.C. 826) is amended by adding at the end the following:
    ``(j)(1) In this subsection, the term `opioid procurement quota' 
means a quota established by the Attorney General for the quantity of 
opioid analgesics that a registered manufacturer may procure for 
purposes of manufacturing dosage forms or other substances.
    ``(2) The Attorney General shall make publicly available, including 
through the website of the Drug Enforcement Administration--
            ``(A) the quantity of the opioid procurement quota for each 
        registered manufacturer for each year;
            ``(B) the quantity of opioid analgesics procured by each 
        registered manufacturer for each year; and
            ``(C) except as provided under paragraph (3)--
                    ``(i) a copy of the form or other application, 
                including any attachments or exhibits, submitted by 
                each registered manufacturer requesting an opioid 
                procurement quota; and
                    ``(ii) a copy of each year-end or annual report 
                relating to the procurement or use of opioid analgesics 
                submitted to the Attorney General by a registered 
                manufacturer to whom the Attorney General has issued an 
                opioid procurement quota.
    ``(3) Upon a request by a registered manufacturer asserting that a 
document or information described in clause (i) or (ii) of paragraph 
(2)(C) is exempt from disclosure under section 552(b)(4) of title 5, 
United States Code, and to the extent that the Attorney General 
determines that the document or information is exempt from disclosure 
under such section 552(b)(4), the document or information may be 
excluded from public disclosure under paragraph (2).''.
    (b) GAO Report.--The Comptroller General of the United States shall 
submit to Congress a report that, for the 1-year period beginning on 
the date of enactment of this Act--
            (1) details--
                    (A) the number of instances in which a registered 
                manufacturer made a request described in section 
                306(j)(3) of the Controlled Substances Act, as added by 
                subsection (a), with respect to a document or 
                information; and
                    (B) the number of instances in which the Attorney 
                General determined such a document or information was 
                exempt from disclosure under section 552(b)(4) of title 
                5, United States Code; and
            (2) evaluates the extent of the independent evaluation 
        conducted by the Attorney General of requests described in 
        section 306(j)(3) of the Controlled Substances Act.
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