Sec. 6. Improvements to prevent drug diversion
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/bill/115/hr/6779/ih/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended by adding at the end the following: The term suspicious order includes— an order of a controlled substance of unusual size; an order of a controlled substance deviating substantially from a normal pattern; orders of controlled substances of unusual frequency; and an order or pattern of orders of a controlled substance that meet such other criteria as are established by the Attorney General by regulation. . 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. Part C of the Controlled Substances Act ( 21 U.S.C. 821 et seq.) is amended by adding at the end the following: Each registrant shall— design and operate a system to identify suspicious orders for the registrant; ensure that the system designed and operated under paragraph
(1)by the registrant complies with applicable Federal and State privacy laws; and 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. 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. 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. 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. The Attorney General shall provide information in accordance with paragraph
(1)within a reasonable period of time after obtaining the information. 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. . 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. 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 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; 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; 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 descriptions of the data analyses conducted on reports of suspicious orders to identify, analyze, and stop suspicious activity. 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— the number of reports of suspicious orders; a summary of actions taken in response to reports, in the aggregate, of suspicious orders; and a description of the information shared with States based on reports of suspicious orders.
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