Title: Preventing Drug Diversion Act of 2018
Policy area: Crime and Law Enforcement

Summary:
Preventing Drug Diversion Act of 2018
This bill establishes a new requirement intended to help drug manufacturers and distributors identify and prevent suspicious orders of opioids and reduce rates of diversion.
Specifically, the Drug Enforcement Administration must use its automated data system—the Automated Reports and Consolidated Ordering System—to inform drug manufacturers and distributors about the quantity and type of opioids that are distributed to pharmacies and practitioners.
Additionally, the bill establishes new requirements for reporting, collecting, and sharing information about suspicious orders.

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

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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 introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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,

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.--
            (1) In general.--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;
                    ``(C) orders of controlled substances of unusual 
                frequency; and
                    ``(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.''.
            (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.
    (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.--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.
    ``(c) Sharing Information With the States.--
            ``(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--
                    ``(A) information regarding suspicious orders in 
                the State, including information in the database 
                established under subsection (b); and
                    ``(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.
            ``(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) Increased Civil Penalties.--Section 402(c) of the Controlled 
Substances Act (21 U.S.C. 842(c)) is amended--
            (1) in paragraph (1)(B), by striking ``shall not exceed 
        $10,000.'' and inserting the following: ``shall not exceed--
            ``(i) except as provided in clause (ii), $10,000; and
            ``(ii) if the violation relates to the reporting of 
        suspicious orders or failing to maintain effective controls 
        against diversion, $100,000.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or (D)'' 
                after ``subparagraph (B)''; and
                    (B) by adding at the end the following:
    ``(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.''.
    (d) Reports to Congress.--
            (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.
            (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 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 and information in the 
                Automation of Reports and Consolidated Orders System of 
                the Drug Enforcement Administration to identify 
                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 description of actions taken in response to 
                reports of suspicious orders; and
                    (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.
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