Title: Ensuring Compliance Against Drug Diversion Act of 2021
Policy area: Crime and Law Enforcement

Summary:
Ensuring Compliance Against Drug Diversion Act of 2021
This bill provides statutory authority for certain regulations governing the modification, transfer, and termination of a registration to manufacture, distribute, or dispense controlled substances.
It terminates the registration of individuals and entities when they die, cease legal existence, discontinue business, or surrender such registration. It sets forth notification requirements, as well as conditions for transferring or assigning a registration.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1286 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1286

To amend the Controlled Substances Act to provide for the modification, 
transfer, and termination of a registration to manufacture, distribute, 
 or dispense controlled substances or list I chemicals, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2021

 Mr. Cornyn (for himself and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Controlled Substances Act to provide for the modification, 
transfer, and termination of a registration to manufacture, distribute, 
 or dispense controlled substances or list I chemicals, and for other 
                               purposes.

    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 ``Ensuring Compliance Against Drug 
Diversion Act of 2021''.

SEC. 2. MODIFICATION, TRANSFER, AND TERMINATION OF REGISTRATION TO 
              MANUFACTURE, DISTRIBUTE, OR DISPENSE CONTROLLED 
              SUBSTANCES.

    Subsection (a) of section 302 of the Controlled Substances Act (21 
U.S.C. 822) is amended by adding at the end the following new 
paragraph:
    ``(3)(A) Except as provided in subparagraph (C), the registration 
of any registrant under this title to manufacture, distribute, or 
dispense controlled substances or list I chemicals terminates if and 
when such registrant--
            ``(i) dies;
            ``(ii) ceases legal existence;
            ``(iii) discontinues business or professional practice; or
            ``(iv) surrenders such registration.
    ``(B) In the case of such a registrant who ceases legal existence 
or discontinues business or professional practice, such registrant 
shall promptly notify the Attorney General in writing of such fact.
    ``(C) No registration under this title to manufacture, distribute, 
or dispense controlled substances or list I chemicals, and no authority 
conferred thereby, may be assigned or otherwise transferred except upon 
such conditions as the Attorney General may specify and then only 
pursuant to written consent. A registrant to whom a registration is 
assigned or transferred pursuant to the preceding sentence may not 
manufacture, distribute, or dispense controlled substances or list I 
chemicals pursuant to such registration until the Attorney General 
receives such written consent.
    ``(D) In the case of a registrant under this title to manufacture, 
distribute, or dispense controlled substances or list I chemicals 
desiring to discontinue business or professional practice altogether or 
with respect to controlled substances and list I chemicals (without 
assigning or transferring such business or professional practice to 
another entity), such registrant shall return to the Attorney General 
for cancellation--
            ``(i) the registrant's certificate of registration;
            ``(ii) any unexecuted order forms in the registrant's 
        possession; and
            ``(iii) any other documentation that the Attorney General 
        may require.''.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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