United States 115th Congress Status: In Committee 1 D cosponsors

S 2837 — Preventing Drug Diversion Act of 2018

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 471.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

174 added · 61 removed

Plain-language change summary

The amendment to the bill S 2837 removes specific provisions related to the definition of "suspicious order" and establishes that it includes orders of unusual size and those deviating from normal patterns. Additionally, it includes a provision for the Attorney General to set other criteria for suspicious orders through regulations. It also establishes a requirement for the Attorney General to create a centralized database for collecting reports of such orders, which will include information from individual states. These changes will help enhance the tracking and reporting of suspicious orders of controlled substances.

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2837 Introduced in Senate (IS)] <DOC> 115th CONGRESS 2d Session S.
2837 Reported in Senate (RS)] <DOC> Calendar No.
471 115th CONGRESS 2d Session S.
Hassan introduced the following bill;
Hassan (for herself and Mr.
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.
Grassley) introduced the following bill;
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
which was read twice and referred to the Committee on the Judiciary June 19, 2018 Reported by Mr.
Grassley, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Preventing Drug Diversion Act of 2018''.</DELETED> <DELETED>SEC.
2.
IMPROVEMENTS TO PREVENT DRUG DIVERSION.</DELETED> <DELETED> (a) Definition.--</DELETED> <DELETED> (1) In general.--Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended by adding at the end the following:</DELETED> <DELETED> ``(57) The term `suspicious order' includes-- </DELETED> <DELETED> ``(A) an order of a controlled substance of unusual size;</DELETED> <DELETED> ``(B) an order of a controlled substance deviating substantially from a normal pattern;</DELETED> <DELETED> ``(C) orders of controlled substances of unusual frequency;
and</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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:</DELETED> <DELETED>``SEC.
312.
SUSPICIOUS ORDERS.</DELETED> <DELETED> ``(a) Reporting.--Each registrant shall--</DELETED> <DELETED> ``(1) design and operate a system to identify suspicious orders for the registrant;</DELETED> <DELETED> ``(2) ensure that the system designed and operated under paragraph (1) by the registrant complies with applicable Federal and State privacy laws;
and</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(c) Sharing Information With the States.--</DELETED> <DELETED> ``(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--</DELETED> <DELETED> ``(A) information regarding suspicious orders in the State, including information in the database established under subsection (b);
and</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(2) Timing.--The Attorney General shall provide information in accordance with paragraph (1) within a reasonable period of time after obtaining the information.</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED> (c) Increased Civil Penalties.--Section 402(c) of the Controlled Substances Act (21 U.S.C.
842(c)) is amended--</DELETED> <DELETED> (1) in paragraph (1)(B), by striking ``shall not exceed $10,000.'' and inserting the following:
``shall not exceed--</DELETED> <DELETED> ``(i) except as provided in clause (ii), $10,000;
and</DELETED> <DELETED> ``(ii) if the violation relates to the reporting of suspicious orders or failing to maintain effective controls against diversion, $100,000.'';
and</DELETED> <DELETED> (2) in paragraph (2)--</DELETED> <DELETED> (A) in subparagraph (A), by inserting ``or (D)'' after ``subparagraph (B)'';
and</DELETED> <DELETED> (B) by adding at the end the following:</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED> (d) Reports to Congress.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (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;</DELETED> <DELETED> (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;</DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) the number of reports of suspicious orders;</DELETED> <DELETED> (B) a description of actions taken in response to reports of suspicious orders;
and</DELETED> <DELETED> (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.</DELETED> SECTION 1.
(a) Definition.-- (1) In general.--Section 102 of the Controlled Substances Act (21 U.S.C.
(a) Definition.--Section 102 of the Controlled Substances Act (21 U.S.C.
``(C) orders of controlled substances of unusual frequency;
and ``(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 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.
``(b) Suspicious Order Database.-- ``(1) In general.--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);
``(2) Satisfaction of reporting requirements.--If a registrant reports a suspicious order to the centralized database established under paragraph (1), the registrant shall be considered to have complied with the requirement under subsection (a)(3) to 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.
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.
``(c) Sharing Information With the States.-- ``(1) In general.--The Attorney General shall prepare and make available information regarding suspicious orders in a State, including information in the database established under subsection (b)(1), to the point of contact for purposes of administrative, civil, and criminal oversight relating to the diversion of controlled substances for the State, as designated by the Governor or chief executive officer of the State.
(c) Increased Civil Penalties.--Section 402(c) of the Controlled Substances Act (21 U.S.C.
(c) Reports to Congress.-- (1) Definition.--In this subsection, the term ``suspicious order'' has the meaning given that term in section 102 of the Controlled Substances Act, as amended by this Act.
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.
(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;
(B) a description of the system and reports established under section 312 of the Controlled Substances Act, as added by this section, to share information with States;
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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.
and (D) descriptions of the data analyses conducted on reports of suspicious orders to identify, analyze, and stop suspicious activity.
(B) a description of actions taken in response to reports of suspicious orders;
(B) a summary of actions taken in response to reports, in the aggregate, 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.
and (C) a description of the information shared with States based on reports of suspicious orders.
<all>
Calendar No.
471 115th CONGRESS 2d Session S.
2837 _______________________________________________________________________ A BILL To improve the systems for identifying the diversion of controlled substances.
_______________________________________________________________________ June 19, 2018 Reported with an amendment
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Sections of law this bill changes

3 sections in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Drug abuse prevention and control · 21 U.S.C. ch. 13 2 sections Amends the act as a whole
  • § 802 Definitions Amends

    21 U.S.C. § 802

    The law today

    As used in this subchapter: (1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner, whether such application be by injection, inhalation, ingestion, or any other means. (3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business. (4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice. (5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise. (6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. (7) The term “counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. (8) The terms “deliver” or “delivery” mean the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not there exists an agency relationship. (9) The term “depressant or stimulant substance” means— (A) a drug which contains any quantity of barbituric acid or any of the salts of barbituric acid; or (B) a drug which contains any quantity of (i) amphetamine or any of its optical isomers; (ii) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or (C) lysergic acid diethylamide; or (D) any drug which contains any quantity of a substance which the Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (10) The term “dispense” means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling or compounding necessary to prepare the substance for such delivery. The term “dispenser” means a practitioner who so delivers a controlled substance to an ultimate user or research subject. (11) The term “distribute” means to deliver (other than by administering or dispensing) a controlled substance or a listed chemical. The term “distributor” means a person who so delivers a controlled substance or a listed chemical. (12) The term “drug” has the meani...

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  • § 842 Prohibited acts B Amends

    21 U.S.C. § 842 — at 842(c)

    The law today

    (a) Unlawful acts It shall be unlawful for any person— (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of section 829 of this title; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 825 of this title; (4) to remove, alter, or obliterate a symbol or label required by section 825 of this title; (5) to refuse or negligently fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this subchapter or subchapter II; (6) to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 824(f) or 881 of this title or to remove or dispose of substances so placed under seal; (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter II, any information acquired in the course of an inspection authorized by this subchapter concerning any method or process which as a trade secret is entitled to protection, or to use to his own advantage or reveal (other than as authorized by section 830 of this title) any information that is confidential under such section; (9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 830(a)(3) of this title.1 (10) negligently to fail to keep a record or make a report under section 830 of this title or negligently to fail to self-certify as required under section 830 of this title; (11) to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, in violation of this subchapter or subchapter II, with reckless disregard for the illegal uses to which such a laboratory supply will be put; (12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 830 of this title— (A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or (B) to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d); (13) who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of such section; (14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of section 830(e)(1) of this title, information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities; (15) to distribute a scheduled listed chemical product to a regulated seller, or to a regulated person referred to in section 830(b)(3)(B) of this title, unless such regulated seller or regulated person is, at the time of such distribution, currently registered with the Drug Enforcement Administration, or on the list of persons referred to under section 830(e)(1)(B)(v) of this title; (16) to violate subsection (e) of section 825 of this title; 2 or (17) in the case of a registered manufacturer or distributor of opioids, to fail to review the most recent information, directly related to the customers of the manufacturer or distributor, made available by t...

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Action History

  1. Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.

  2. Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 471.

  4. Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare health-insurance
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Frequently asked questions

Who sponsors S 2837?
S 2837 is sponsored by Hassan, Margaret Wood (Democratic).
What is the current status of S 2837?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 2837?
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