Title: DEA Enforcement and Authority Act of 2018
Policy area: Crime and Law Enforcement

Summary:
DEA Enforcement and Authority Act of 2018
This bill amends the Controlled Substances Act (CSA) to modify enforcement authorities of the Drug Enforcement Administration (DEA).
The bill modifies the required elements of an order to show cause issued by the DEA before it denies, revokes, or suspends a registration for a CSA violation. Specifically, it eliminates the requirement for an order to show cause to notify the registrant of the opportunity to submit a corrective action plan.
Additionally, 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 and safety. This bill lowers the standard for determining imminent danger to the public health and safety—from substantial likelihood of an immediate threat that harm will occur to probable cause to believe an imminent threat that harm or diversion will occur.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6702 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6702

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.


_______________________________________________________________________


                    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 
subsequently 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 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 
2018''.

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

    (a) Standard of Review for Immediate Suspension Orders.--Section 
304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended--
            (1) in paragraph (1), by inserting after ``competent 
        jurisdiction'' the following: ``based on a determination 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, serious 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 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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