Block, Report, And Suspend Suspicious Shipments Act of 2021
Bill: H.R.768 | Sponsor: Rep. McKinley, David B. (R-WV)
Policy area: Crime and Law Enforcement

Summary:
Block, Report, And Suspend Suspicious Shipments Act of 2021
This bill creates additional requirements for drug manufacturers and distributors who discover a suspicious order for controlled substances.
In addition to reporting the suspicious order to the Drug Enforcement Administration (DEA), a manufacturer or distributor must also exercise due diligence and decline to fill the order.
The DEA must issue regulations specifying the indicators that give rise to a suspicious order.

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.

    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 ``Block, Report, And Suspend 
Suspicious Shipments Act of 2021''.

SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO EXERCISE DUE 
              DILIGENCE UPON DISCOVERING A SUSPICIOUS ORDER.

    (a) In General.--Paragraph (3) of section 312(a) of the Controlled 
Substances Act (21 U.S.C. 832(a)) is amended to read as follows:
            ``(3) upon discovering a suspicious order or series of 
        orders--
                    ``(A) exercise due diligence;
                    ``(B) establish and maintain (for not less than a 
                period to be determined by the Administrator of the 
                Drug Enforcement Administration) a record of the due 
                diligence that was performed;
                    ``(C) decline to fill the order or series of orders 
                if the due diligence fails to resolve all of the 
                indicators that gave rise to the suspicion that filling 
                the order or series of orders would cause a violation 
                of this title by the registrant or the prospective 
                purchaser; and
                    ``(D) 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 of--
                            ``(i) each suspicious order or series of 
                        orders discovered by the registrant; and
                            ``(ii) the indicators giving rise to the 
                        suspicion that filling the order or series of 
                        orders would cause a violation of this title by 
                        the registrant or the prospective purchaser.''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, for purposes of section 312(a)(3) of the Controlled 
Substances Act, as amended by subsection (a), the Attorney General of 
the United States shall promulgate a final regulation specifying the 
indicators that give rise to a suspicion that filling an order or 
series of orders would cause a violation of the Controlled Substances 
Act (21 U.S.C. 801 et seq.) by a registrant or a prospective purchaser.
    (c) Applicability.--Section 312(a)(3) of the Controlled Substances 
Act, as amended by subsection (a), shall apply beginning on the day 
that is 1 year after the date of enactment of this Act. Until such day, 
section 312(a)(3) of the Controlled Substances Act shall apply as such 
section 312(a)(3) was in effect on the day before the date of enactment 
of this Act.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives May 12, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.