I 

118TH CONGRESS 

1ST SESSION H. R. 501 

To amend the Controlled Substances Act to require registrants to decline 

to fill certain suspicious orders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2023 

Mrs. HARSHBARGER (for herself and Mrs. DINGELL) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Controlled Substances Act to require registrants to decline to fill certain suspicious orders, 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Suspend Suspicious Shipments Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 501 IH

1 SEC. 2. BLOCK, REPORT, AND SUSPEND SUSPICIOUS OR2 DERS. 

3 (a) CLARIFICATION OF PROCESS FOR REGISTRANTS

4 TO EXERCISE DUE DILIGENCE UPON DISCOVERING A

5 SUSPICIOUS ORDER.—Paragraph (3) of section 312(a) of 

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

7 amended to read as follows: 

8 ‘‘(3) upon discovering a suspicious order or se9 ries of orders, and in a manner consistent with the 

10 other requirements of this section— 

11 ‘‘(A) exercise due diligence as appropriate; 

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

13 than a period to be determined by the Adminis14 trator of the Drug Enforcement Administra15 tion) a record of the due diligence that was per16 formed; 

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

18 orders if the due diligence fails to dispel all of 

19 the indicators that give rise to the suspicion 

20 that, if the order or series of orders is filled, the 

21 drugs that are the subject of the order or series 

22 of orders are likely to be diverted; 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 Drug Enforcement Administration for the area 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 501 IH

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, if the order or series of or7 ders is filled, the drugs that are the sub8 ject of the order or series of orders are 

9 likely to be diverted.’’. 

10 (b) RESOLUTION OF SUSPICIOUS INDICATORS.—Sec11 tion 312 of the Controlled Substances Act (21 U.S.C. 832) 

12 is amended— 

13 (1) by redesignating subsections (b) and (c) as 

14 subsections (c) and (d), respectively; and 

15 (2) by inserting after subsection (a) the fol16 lowing: 

17 ‘‘(b) RESOLUTION OF SUSPICIOUS INDICATORS.—If 

18 a registrant resolves all of the indicators giving rise to sus19 picion about an order or series of orders under subsection 

20 (a)(3)— 

21 ‘‘(1) notwithstanding subsection (a)(3)(C), the 

22 registrant may choose to fill the order or series of 

23 orders; and 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 501 IH

1 ‘‘(2) notwithstanding subsection (a)(3)(D), the 

2 registrant may choose not to make the notification 

3 otherwise required by such subsection.’’. 

4 (c) REGULATIONS.—Not later than 1 year after the 

5 date of enactment of this Act, for purposes of subsections 

6 (a)(3) and (b) of section 312 of the Controlled Substances 

7 Act, as amended or inserted by subsection (a), the Attor8 ney General of the United States shall promulgate a final 

9 regulation specifying the indicators that give rise to a sus10 picion that, if an order or series of orders is filled, the 

11 drugs that are the subject of the order or series of orders 

12 are likely to be diverted. 

13 (d) PENALTY.—Section 402(a)(5) of the Controlled 

14 Substances Act (21 U.S.C. 842(a)(5)) is amended by in15 serting before the semicolon at the end the following: ‘‘or 

16 otherwise violates section 312(a)(3)’’. 

17 (e) APPLICABILITY.—Subsections (a)(3) and (b) of 

18 section 312 of the Controlled Substances Act, as amended 

19 or inserted by subsection (a), shall apply beginning on the 

20 day that is 1 year after the date of enactment of this Act. 

21 Until such day, section 312(a)(3) of the Controlled Sub22 stances Act shall apply as such section 312(a)(3) was in 

23 effect on the day before the date of enactment of this Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS