Title: Restricting Entrance and Strengthening the Requirements on Import Controls for Trafficking of Illicit Drugs Act
Policy area: Health

Summary:
Restricting Entrance and Strengthening the Requirements on Import Controls for Trafficking of Illicit Drugs Act or the RESTRICT Illicit Drugs Act
This bill requires the Food and Drug Administration (FDA)	to transfer any packages of illegally imported drugs it receives to the U.S. Customs and Border Protection.
The FDA may (1)	debar a person from importing drugs into the United States if they have been convicted of a drug import related felony, and (2)	refuse admission of an article imported by someone who is debarred, except that a counterfeit drug must be refused.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2739 Introduced in Senate (IS)]

<DOC>






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.

    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 ``Restricting Entrance and 
Strengthening the Requirements on Import Controls for Trafficking of 
Illicit Drugs Act'' or the ``RESTRICT Illicit Drugs Act''.

SEC. 2. RESTRICTING ENTRANCE OF ILLICIT DRUGS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), acting through the 
Commissioner of Food and Drugs, upon discovering or receiving, in a 
package being offered for import, a controlled substance that is 
offered for import in violation of any requirement of the Controlled 
Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances 
Import and Export Act (21 U.S.C. 951 et seq.), the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.), or any other applicable law, 
shall transfer such package to the U.S. Customs and Border Protection. 
If the Secretary identifies additional packages that appear to be the 
same as such package containing a controlled substance, such additional 
packages may also be transferred to U.S. Customs and Border Protection. 
The U.S. Customs and Border Protection shall receive such packages 
consistent with the requirements of the Controlled Substances Act (21 
U.S.C. 801 et seq.).
    (b) Debarment, Temporary Denial of Approval, and Suspension.--
            (1) In general.--Section 306(b) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 335a(b)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or (3)'' after ``paragraph 
                        (2)'';
                            (ii) in subparagraph (A), by striking the 
                        comma at the end and inserting a semicolon;
                            (iii) in subparagraph (B), by striking ``, 
                        or'' and inserting a semicolon;
                            (iv) in subparagraph (C), by striking the 
                        period and inserting ``; or''; and
                            (v) by adding at the end the following:
                    ``(D) a person from importing or offering for 
                import into the United States a drug.''; and
                    (B) in paragraph (3)--
                            (i) in the heading, by striking ``Food'';
                            (ii) in subparagraph (A), by striking ``; 
                        or'' and inserting a semicolon;
                            (iii) in subparagraph (B), by striking the 
                        period and inserting ``; or''; and
                            (iv) and by adding at the end the 
                        following:
                    ``(C) the person has been convicted of a felony for 
                conduct relating to the importation into the United 
                States of any drug or controlled substance (as defined 
                in section 102 of the Controlled Substances Act).''.
            (2) Prohibited act.--Section 301(cc) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 331(cc)) is amended--
                    (A) by inserting ``or a drug'' after ``food''; and
                    (B) by inserting ``from such activity'' after 
                ``debarred''.
    (c) Imports and Exports.--Section 801(a) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 381(a)) is amended--
            (1) by striking the second sentence;
            (2) by striking ``If it appears'' and inserting ``Subject 
        to subsection (b), if it appears'';
            (3) by striking ``regarding such article, then such article 
        shall be refused'' and inserting the following: ``regarding 
        such article, or (5) such article is being imported or offered 
        for import in violation of section 301(cc), then any such 
        article described in any of clauses (1) through (5) may be 
        refused admission. If it appears from the examination of such 
        samples or otherwise that the article is a counterfeit drug, 
        such article shall be refused admission.'';
            (4) by striking ``this Act, then such article shall be 
        refused admission'' and inserting ``this Act, then such article 
        may be refused admission''; and
            (5) by striking ``Clause (2) of the third sentence'' and 
        all that follows through the period at the end and inserting 
        the following: ``Neither clause (2) nor clause (5) of the 
        second sentence of this subsection shall be construed to 
        prohibit the admission of narcotic drugs, the importation of 
        which is permitted under the Controlled Substances Import and 
        Export Act.''.
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