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 process for registrants to exercise due diligence upon discovering a suspicious order, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Block, Report, And 

3 Suspend Suspicious Shipments Act of 2020’’. 

4 SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO 

5 EXERCISE DUE DILIGENCE UPON DISCOV6 ERING A SUSPICIOUS ORDER. 

7 (a) IN GENERAL.—Paragraph (3) of section 312(a) 

8 of the Controlled Substances Act (21 U.S.C. 832(a)) is 

9 amended to read as follows: 

10 ‘‘(3) upon discovering a suspicious order or se11 ries of orders— 

12 ‘‘(A) exercise due diligence; 

13 ‘‘(B) establish and maintain (for not less 

14 than a period to be determined by the Adminis15 trator of the Drug Enforcement Administra16 tion) a record of the due diligence that was per17 formed; 

18 ‘‘(C) decline to fill the order or series of 

19 orders if the due diligence fails to resolve all of 

20 the indicators that gave rise to the suspicion 

21 that filling the order or series of orders would 

22 cause a violation of this title by the registrant 

23 or the prospective purchaser; and 

24 ‘‘(D) notify the Administrator of the Drug 

25 Enforcement Administration and the Special 

26 Agent in Charge of the Division Office of the 


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1 Drug Enforcement Administration for the area 

2 in which the registrant is located or conducts 

3 business of— 

4 ‘‘(i) each suspicious order or series of 

5 orders discovered by the registrant; and 

6 ‘‘(ii) the indicators giving rise to the 

7 suspicion that filling the order or series of 

8 orders would cause a violation of this title 

9 by the registrant or the prospective pur10 chaser.’’. 

11 (b) REGULATIONS.—Not later than 1 year after the 

12 date of enactment of this Act, for purposes of section 

13 312(a)(3) of the Controlled Substances Act, as amended 

14 by subsection (a), the Attorney General of the United 

15 States shall promulgate a final regulation specifying the 

16 indicators that give rise to a suspicion that filling an order 

17 or series of orders would cause a violation of the Con18 trolled Substances Act (21 U.S.C. 801 et seq.) by a reg19 istrant or a prospective purchaser. 

20 (c) APPLICABILITY.—Section 312(a)(3) of the Con21 trolled Substances Act, as amended by subsection (a), 

22 shall apply beginning on the day that is 1 year after the 

23 date of enactment of this Act. Until such day, section 

24 312(a)(3) of the Controlled Substances Act shall apply as 


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1 such section 312(a)(3) was in effect on the day before the 

2 date of enactment of this Act. 

3 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the House Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

Passed the House of Representatives November 17, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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