Title: Stopping Suspicious Orders of Opioids Act
Policy area: Crime and Law Enforcement

Summary:
Stopping Suspicious Orders of Opioids Act
This bill amends the Controlled Substances Act (CSA) to modify enforcement authorities of the Drug Enforcement Administration (DEA).
Currently, the DEA may deny, revoke, or suspend a registration for a CSA violation. It must first issue an order to show cause which, among other things, notifies an applicant or registrant of the opportunity to submit a corrective plan (CAP). This bill specifies that if the DEA does not approve a CAP, or if an applicant or registrant fails to implement a DEA-approved CAP within 30 days, then the DEA must: (1) 	reinstate administrative proceedings to deny, revoke, or suspend the registration; and (2) immediately suspend the registration, in the case of a registrant.


Additionally, the bill modifies the standard of review to immediately suspend a registration. Currently, the DEA may immediately suspend the registration of a controlled substances manufacturer, distributor, or dispenser to prevent imminent danger to the public health and safety. This bill lowers the standard for determining imminent danger to the public health and safety—from substantial likelihood of an immediate threat to likelihood of a threat.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2561 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2561

 To authorize the Attorney General to suspend a controlled substances 
  registration if there is a likelihood of a threat of diversion of a 
             controlled substance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2018

 Mrs. Feinstein (for herself and Mrs. Capito) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize the Attorney General to suspend a controlled substances 
  registration if there is a likelihood of a threat of diversion of a 
             controlled substance, 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 ``Stopping Suspicious Orders of 
Opioids Act''.

SEC. 2. SUSPENSION OF CONTROLLED SUBSTANCES REGISTRATION.

    Section 304 of the Controlled Substances Act (21 U.S.C. 824) is 
amended--
            (1) in subsection (c)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
    ``(4)(A) If the Attorney General approves a corrective action plan 
submitted by an applicant or registrant under paragraph (2), the 
applicant or registrant shall fully implement the corrective action 
plan not later than 30 days after the date of approval.
    ``(B) If the Attorney General does not approve a corrective action 
plan submitted by an applicant or registrant under paragraph (2), or 
the applicant or registrant fails to fully implement an approved 
corrective action plan by the deadline under subparagraph (A) of this 
paragraph, the Attorney General--
            ``(i) shall immediately reinstate the proceedings to deny, 
        revoke, or suspend the registration of the applicant or 
        registrant, if those proceedings have been discontinued or 
        deferred; and
            ``(ii) in the case of a registrant, may immediately suspend 
        the registration of the registrant, which suspension shall 
        continue in effect until the conclusion of proceedings under 
        this section, including judicial review thereof, unless sooner 
        withdrawn by the Attorney General or dissolved by a court of 
        competent jurisdiction.''; and
            (2) in subsection (d)(2)--
                    (A) by striking ``substantial likelihood of an 
                immediate threat'' and inserting ``likelihood of a 
                threat''; and
                    (B) by inserting ``diversion of a controlled 
                substance,'' after ``serious bodily harm,''.
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