I 
115TH CONGRESS 
2D SESSION 
H. R. 6702 
To clarify the congressional intent behind the requirements relating to imme-
diate suspension orders and corrective action plans under the Controlled 
Substances Act that were added by the Ensuring Patient Access and 
Effective Drug Enforcement Act of 2016. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 5, 2018 
Mr. BILIRAKIS (for himself and Mrs. BLACKBURN) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To clarify the congressional intent behind the requirements 
relating to immediate suspension orders and corrective 
action plans under the Controlled Substances Act that 
were added by the Ensuring Patient Access and Effective 
Drug Enforcement Act of 2016. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DEA Enforcement and 
Authority Act of 2018’’. 
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SEC. 2. DENIAL, REVOCATION, OR SUSPENSION OF CON-
TROLLED SUBSTANCES REGISTRATION. 
(a) STANDARD OF REVIEW FOR IMMEDIATE SUSPEN-
SION ORDERS.—Section 304(d) of the Controlled Sub-
stances Act (21 U.S.C. 824(d)) is amended— 
(1) in paragraph (1), by inserting after ‘‘com-
petent jurisdiction’’ the following: ‘‘based on a deter-
mination that the Attorney General failed to comply 
with paragraph (2) under the standard of review set 
forth in section 507’’; and 
(2) in paragraph (2), by striking ‘‘a substantial 
likelihood of an immediate threat that death, serious 
bodily harm, or abuse’’ and inserting ‘‘probable 
cause to believe an imminent threat that death, seri-
ous bodily harm, abuse, or diversion’’. 
(b) OPPORTUNITY TO SUBMIT CORRECTIVE ACTION 
PLAN PRIOR TO REVOCATION OR SUSPENSION.— 
(1) IN GENERAL.—Section 304(c) of the Con-
trolled Substances Act (21 U.S.C. 824(c)) is amend-
ed— 
(A) by striking paragraphs (2) through 
(5); 
(B) by striking ‘‘(c)(1) Before’’ and insert-
ing ‘‘(c) Before’’; and 
(C) by adding at the end the following: 
‘‘The order to show cause shall contain a state-
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ment of the basis thereof and shall call upon 
the applicant or registrant to appear before the 
Attorney General at a time and place stated in 
the order, but in no event less than 30 days 
after the date of receipt of the order. Pro-
ceedings to deny, revoke, or suspend shall be 
conducted pursuant to this section in accord-
ance with subchapter II of chapter 5 of title 5, 
United States Code. Such proceedings shall be 
independent of, and not in lieu of, criminal 
prosecutions or other proceedings under this 
title or any other law of the United States.’’. 
(2) APPLICABILITY
TO
PENDING
CORRECTIVE 
ACTION PLANS.—The Attorney General shall not be 
required to review any corrective action plan sub-
mitted by an applicant or registrant under section 
304(c)(2) of the Controlled Substances Act (21 
U.S.C. 824(c)(2)), as in effect on the day before the 
date of enactment of this Act. 
Æ 
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