(1) CONSISTENT
WITH
THE
PUBLIC
HEALTH 
AND SAFETY.—Section 303 of the Controlled Sub-
stances Act (21 U.S.C. 823) is amended by adding 
at the end the following: 
‘‘(j) In this section, the phrase ‘consistent with the 
public health and safety’ means having a substantial rela-
tionship to this Act’s purpose of preventing diversion and 
abuse of controlled substances.’’. 
(2) IMMINENT DANGER.—Section 304(d) of the 
Controlled Substances Act (21 U.S.C. 824(d)) is 
amended— 
(A) by striking ‘‘(d) The Attorney Gen-
eral’’ and inserting ‘‘(d)(1) The Attorney Gen-
eral’’; and 
(B) by adding at the end the following: 
‘‘(2) In this subsection, the term ‘imminent danger’ 
means a significant and present risk of death or serious 
bodily harm that is more likely than not to occur in the 
absence of an immediate suspension order.’’. 
(b) CRIMINAL BACKGROUND CHECKS
AND DRUG 
TESTING
FOR
EMPLOYEES
WITH
ACCESS
TO
CON-
TROLLED SUBSTANCES.— 
(1) REQUIREMENTS.—Section 303 of the Con-
trolled Substances Act (21 U.S.C. 823) is amended 
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by inserting before subsection (j) (as added by sub-
section (a)(1)) the following: 
‘‘(i)(1) The Attorney General shall require all reg-
istrants under subsections (a), (b), (d), or (e), as a condi-
tion of such registration— 
‘‘(A) to obtain a criminal background check on 
each of the registrant’s employees who has or will 
have access to facility areas where controlled sub-
stances under the registrant’s possession or control 
are stored, such as a cage, vault, or safe; and 
‘‘(B) to perform drug testing on each such em-
ployee in accordance with Federal and State law. 
‘‘(2) The criminal background checks required by 
paragraph (1) shall be obtained— 
‘‘(A) periodically, but not more frequently than 
every 2 years, for all employees of the registrant who 
are described in paragraph (1)(A); and 
‘‘(B) at the time of hire, for such employees 
who are hired after the date of enactment of the En-
suring Patient Access and Effective Drug Enforce-
ment Act of 2013. 
‘‘(3) The term ‘drug testing’ means testing designed 
to detect the illegal use of a controlled substance.’’. 
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(2) CONFORMING CHANGE.—Section 304(a) of 
the Controlled Substances Act (21 U.S.C. 823(a)) is 
amended— 
(A) in paragraph (4), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(6) has failed to comply with the requirements 
under section 303(i) (relating to criminal back-
ground checks and drug testing).’’. 
(3) ALTERNATIVE CIVIL PENALTY FOR FAILURE 
TO COMPLY WITH CRIMINAL BACKGROUND CHECK 
AND DRUG TESTING REQUIREMENTS.— 
(A) PROHIBITED ACT.—Section 402(a) of 
the Controlled Substances Act (21 U.S.C. 
842(a)) is amended— 
(i) in paragraph (14), by striking ‘‘or’’ 
at the end; 
(ii) in paragraph (15), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by inserting after paragraph (15) 
the following: 
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‘‘(16) who is a registrant to fail to comply with 
the requirements under section 303(i) (relating to 
criminal background checks and drug testing);’’. 
(B) 
MAXIMUM
CIVIL
PENALTY
OF 
$10,000.—Subsection (c)(1)(B) of the Controlled 
Substances Act (21 U.S.C. 842(c)(1)(B)) is 
amended by striking ‘‘paragraph (5) or (10)’’ 
and inserting ‘‘paragraph (5), (10), or (16)’’. 
(4) REGULATIONS, GUIDANCE.—The Attorney 
General of the United States shall finalize such reg-
ulations and guidance as the Attorney General 
deems necessary to carry out the amendments made 
by this subsection. 
(5) APPLICABILITY.—The amendments made 
by this subsection shall apply beginning on the date 
that is 2 years after the date of enactment of this 
Act. 
(c) OPPORTUNITY TO SUBMIT CORRECTIVE ACTION 
PLAN PRIOR TO REVOCATION OR SUSPENSION.—Section 
304(c) of the Controlled Substances Act (21 U.S.C. 
824(c)) is amended— 
(1) by striking ‘‘(c) Before’’ and inserting 
‘‘(c)(1) Before’’; and 
(2) by adding at the end the following: 
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‘‘(2) Before revoking or suspending a registration 
pursuant to section 303, the Attorney General shall— 
‘‘(A) provide— 
‘‘(i) notice to the registrant of the grounds 
for revocation or suspension; and 
‘‘(ii) in the case of any such grounds con-
sisting of a violation of law, a specific citation 
to such law; 
‘‘(B) give the registrant an opportunity to sub-
mit a corrective action plan within a reasonable pe-
riod of time to demonstrate how the registrant plans 
to correct the grounds for revocation or suspension; 
and 
‘‘(C) determine whether— 
‘‘(i) in light of the plan, revocation or sus-
pension proceedings should be discontinued or 
deferred; or 
‘‘(ii) additional changes need to be made in 
the corrective action plan.’’. 
SEC. 3. COMBATING PRESCRIPTION DRUG ABUSE WORKING 
GROUP. 
(a) ESTABLISHMENT.—There is established the Com-
bating Prescription Drug Abuse Working Group (referred 
to in this section as the ‘‘Working Group’’). 
(b) MEMBERSHIP.— 
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(1) APPOINTMENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the President shall appoint each member 
of the Working Group. 
(B) COMPOSITION.—The Working Group 
shall be composed of not more than 20 mem-
bers and shall include at least 1 and not more 
than 3 of each of the following: 
(i) Public policy experts. 
(ii) Representatives of the Drug En-
forcement Administration. 
(iii) Representatives of the Food and 
Drug Administration. 
(iv) Representatives of the Office of 
National Drug Control Policy. 
(v) Representatives of patient groups. 
(vi) Representatives of pharmacies. 
(vii) Representatives of manufacturers 
of drugs. 
(viii) Representatives of wholesale dis-
tributors of drugs. 
(ix) Representatives of hospitals, phy-
sicians, and other health care providers. 
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(4) PAY PROHIBITED.—Members of the Work-
ing Group shall serve without pay. 
(c) MEETINGS.—The Working Group shall meet at 
the call of the co-chairs. The Working Group shall conduct 
at least two public meetings, at which the Working Group 
shall provide opportunity for public comment. 
(d) DUTIES OF THE WORKING GROUP.— 
(1) IN GENERAL.—The Working Group shall— 
(A) review and report to Congress on Fed-
eral initiatives with respect to efforts to reduce 
prescription drug diversion and abuse; 
(B) identify gaps and opportunities with 
respect to ensuring the safe use of prescription 
drugs with the potential for diversion and 
abuse; 
(C) examine recommendations to transfer 
one or more controlled substances from sched-
ule III to schedule II under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) to evalu-
ate— 
(i) the effectiveness of such a transfer 
in reducing diversion and abuse; and 
(ii) any effect of such a transfer on 
access to prescription drugs for legitimate 
medical purposes; and 
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(D) make recommendations on specific 
ways to reduce the diversion and abuse of pre-
scription drugs. 
(2) REPORT.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Working Group shall issue a report to Congress 
that describes the efforts of the Working Group 
to prevent or reduce prescription drug diversion 
and abuse to ensure that patients continue to 
have access to medications. 
(B) RECOMMENDATIONS.—The report de-
scribed in subparagraph (A) shall include spe-
cific recommendations for the Drug Enforce-
ment Administration, the Food and Drug Ad-
ministration, and other Federal and State agen-
cies, as appropriate, and shall address the fol-
lowing topics: 
(i) Systems for prescription drug 
monitoring. 
(ii) Illegal prescription drug Internet 
sites and facilities that distribute and fill 
prescriptions indiscriminately. 
(iii) Facilitating proper disposal of 
prescription drugs. 
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(iv) 
Identifying 
active 
geographic 
areas in which prescription drug abuse is 
prevalent. 
(v) Ensuring access to prescription 
drugs for legitimate medical purposes. 
(vi) Improving collaboration among 
Federal agencies, especially the Drug En-
forcement Administration and the Food 
and Drug Administration, for purposes of 
coordinating prevention and enforcement 
efforts to reduce prescription drug diver-
sion and abuse. 
(vii) Improving collaboration among 
Federal agencies and State agencies for 
purposes of coordinating prevention and 
enforcement efforts to reduce prescription 
drug diversion and abuse. 
(viii) The resource needs for law en-
forcement with respect to prescription drug 
abuse. 
(ix) The need for education of pro-
viders, patients, parents, and youth on pre-
scription drug abuse. 
(x) Development of abuse-resistant 
prescription drug products. 
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(xi) Recommendations for reducing 
robberies, burglaries, and cargo theft of 
prescription drugs. 
(e) POWERS OF THE WORKING GROUP.— 
(1) HEARINGS.—The Working Group may, for 
the purpose of carrying out this section, hold hear-
ings, sit and act at times and places, take testimony, 
and receive evidence as the Working Group considers 
necessary. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Working Group may secure directly from any 
Federal department or agency such information as 
the Working Group considers necessary to carry out 
this section. Upon the request of the co-chairs of the 
Working Group, the head of such department or 
agency shall furnish such information to the Work-
ing Group in a timely manner. 
(f) TERMINATION OF THE WORKING GROUP.—The 
Working Group shall terminate two years after the date 
on which the members are appointed under subsection (b). 
Æ 
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