DEA Enforcement and Authority Act of 2021
Bill: S.1594 | Sponsor: Sen. Manchin, Joe, III (D-WV)
Policy area: Crime and Law Enforcement

Summary:
DEA Enforcement and Authority Act of 2021
This bill modifies enforcement authorities of the Drug Enforcement Administration (DEA).
First, the bill modifies the required elements of an order to show cause issued by the DEA before it denies, revokes, or suspends a registration due to a violation of the Controlled Substances Act. Specifically, the bill eliminates the requirement that an order to show cause must notify the registrant of the opportunity to submit a corrective action plan.
Second, the bill modifies the standard of review for an immediate suspension order. Currently, the DEA may immediately suspend the registration of a controlled substances manufacturer, distributor, or dispenser to prevent imminent danger to the public health or safety. This bill lowers the standard for determining imminent danger to the public health or safety—from substantial likelihood of an immediate threat of harm to probable cause that harm will occur.

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 Representatives 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 
2021''.

SEC. 2. DENIAL, REVOCATION, OR SUSPENSION OF CONTROLLED SUBSTANCES 
              REGISTRATION.

    (a) Standard of Review for Immediate Suspension Orders.--Section 
304(d)(2) of the Controlled Substances Act (21 U.S.C. 824(d)(2)) is 
amended by striking ``a substantial likelihood of an immediate threat'' 
and inserting ``probable cause''.
    (b) Opportunity To Submit Corrective Action Plan Prior to 
Revocation or Suspension.--
            (1) In general.--Section 304(c) of the Controlled 
        Substances Act (21 U.S.C. 824(c)) is amended--
                    (A) by striking paragraphs (2) through (5);
                    (B) by striking ``(c)(1) Before'' and inserting 
                ``(c) Before''; and
                    (C) by adding at the end the following: ``The order 
                to show cause shall contain a statement 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. 
                Proceedings to deny, revoke, or suspend shall be 
                conducted pursuant to this section in accordance 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 submitted 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.
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