Stopping Suspicious Orders of Opioids Act

Bill: 115-s-2561
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2018-03-15
Policy area: Crime and Law Enforcement
Subjects: Administrative remedies

Department of Justice

Drug trafficking and controlled substances

Licensing and registrations
Latest action: action_date: 2018-03-15
text: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1766-1767)

Summaries:
action_date: 2018-03-15
action_desc: Introduced in Senate
text: <p><b>Stopping Suspicious Orders of Opioids Act</b></p> <p>This bill amends the Controlled Substances Act (CSA) to modify enforcement authorities of the Drug Enforcement Administration (DEA).</p> <p>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.</p> <p><i></i></p> <p> <p><i></i>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&#8212;from substantial likelihood of an immediate threat to likelihood of a threat.</p>

tv_txt: II 115th CONGRESS 2d Session S. 2561 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.

1. Short title This Act may be cited as the Stopping Suspicious Orders of Opioids Act . 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, .