II 

115TH CONGRESS 

2D SESSION S. 2739 

To increase the authority of the Secretary of Health and Human Services 

to restrict the entrance of illicit drugs into the United States. 

IN THE SENATE OF THE UNITED STATES 

APRIL 24, 2018 

Ms. BALDWIN (for herself, Mr. CASSIDY, Mr. ALEXANDER, and Mr. CASEY) 

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

Committee on Health, Education, Labor, and Pensions 

A BILL 

To increase the authority of the Secretary of Health and 

Human Services to restrict the entrance of illicit drugs 

into the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restricting Entrance 

5 and Strengthening the Requirements on Import Controls 

6 for Trafficking of Illicit Drugs Act’’ or the ‘‘RESTRICT 

7 Illicit Drugs Act’’. 


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•S 2739 IS

1 SEC. 2. RESTRICTING ENTRANCE OF ILLICIT DRUGS. 

2 (a) IN GENERAL.—The Secretary of Health and 

3 Human Services (referred to in this section as the ‘‘Sec4 retary’’), acting through the Commissioner of Food and 

5 Drugs, upon discovering or receiving, in a package being 

6 offered for import, a controlled substance that is offered 

7 for import in violation of any requirement of the Con8 trolled Substances Act (21 U.S.C. 801 et seq.), the Con9 trolled Substances Import and Export Act (21 U.S.C. 951 

10 et seq.), the Federal Food, Drug, and Cosmetic Act (21 

11 U.S.C. 301 et seq.), or any other applicable law, shall 

12 transfer such package to the U.S. Customs and Border 

13 Protection. If the Secretary identifies additional packages 

14 that appear to be the same as such package containing 

15 a controlled substance, such additional packages may also 

16 be transferred to U.S. Customs and Border Protection. 

17 The U.S. Customs and Border Protection shall receive 

18 such packages consistent with the requirements of the 

19 Controlled Substances Act (21 U.S.C. 801 et seq.). 

20 (b) DEBARMENT, TEMPORARY DENIAL OF AP21 PROVAL, AND SUSPENSION.— 

22 (1) IN GENERAL.—Section 306(b) of the Fed23 eral Food, Drug, and Cosmetic Act (21 U.S.C. 

24 335a(b)) is amended— 

25 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘or (3)’’ after 

3 ‘‘paragraph (2)’’; 

4 (ii) in subparagraph (A), by striking 

5 the comma at the end and inserting a 

6 semicolon; 

7 (iii) in subparagraph (B), by striking 

8 ‘‘, or’’ and inserting a semicolon; 

9 (iv) in subparagraph (C), by striking 

10 the period and inserting ‘‘; or’’; and 

11 (v) by adding at the end the following: 

12 ‘‘(D) a person from importing or offering 

13 for import into the United States a drug.’’; and 

14 (B) in paragraph (3)— 

15 (i) in the heading, by striking 

16 ‘‘FOOD’’; 

17 (ii) in subparagraph (A), by striking 

18 ‘‘; or’’ and inserting a semicolon; 

19 (iii) in subparagraph (B), by striking 

20 the period and inserting ‘‘; or’’; and 

21 (iv) and by adding at the end the fol22 lowing: 

23 ‘‘(C) the person has been convicted of a 

24 felony for conduct relating to the importation 

25 into the United States of any drug or controlled 


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•S 2739 IS

1 substance (as defined in section 102 of the Con2 trolled Substances Act).’’. 

3 (2) PROHIBITED ACT.—Section 301(cc) of the 

4 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

5 331(cc)) is amended— 

6 (A) by inserting ‘‘or a drug’’ after ‘‘food’’; 

7 and 

8 (B) by inserting ‘‘from such activity’’ after 

9 ‘‘debarred’’. 

10 (c) IMPORTS AND EXPORTS.—Section 801(a) of the 

11 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) 

12 is amended— 

13 (1) by striking the second sentence; 

14 (2) by striking ‘‘If it appears’’ and inserting 

15 ‘‘Subject to subsection (b), if it appears’’; 

16 (3) by striking ‘‘regarding such article, then 

17 such article shall be refused’’ and inserting the fol18 lowing: ‘‘regarding such article, or (5) such article is 

19 being imported or offered for import in violation of 

20 section 301(cc), then any such article described in 

21 any of clauses (1) through (5) may be refused ad22 mission. If it appears from the examination of such 

23 samples or otherwise that the article is a counterfeit 

24 drug, such article shall be refused admission.’’; 


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1 (4) by striking ‘‘this Act, then such article shall 

2 be refused admission’’ and inserting ‘‘this Act, then 

3 such article may be refused admission’’; and 

4 (5) by striking ‘‘Clause (2) of the third sen5 tence’’ and all that follows through the period at the 

6 end and inserting the following: ‘‘Neither clause (2) 

7 nor clause (5) of the second sentence of this sub8 section shall be construed to prohibit the admission 

9 of narcotic drugs, the importation of which is per10 mitted under the Controlled Substances Import and 

11 Export Act.’’. 

Æ 


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