DEA Enforcement and Authority Act of 2018

Bill: 115-hr-6702
Sponsor: full_name: Rep. Bilirakis, Gus M. [R-FL-12]
Introduced: 2018-09-05
Policy area: Crime and Law Enforcement
Subjects: Administrative remedies

Department of Justice

Drug trafficking and controlled substances

Licensing and registrations
Latest action: action_date: 2018-10-09
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2018-09-05
action_desc: Introduced in House
text: <p><b>DEA Enforcement and Authority Act of 2018</b></p> <p>This bill amends the Controlled Substances Act (CSA) to modify enforcement authorities of the Drug Enforcement Administration (DEA).</p> <p>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.</p> <p>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&#8212;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.</p>

tv_txt: I 115th CONGRESS 2d Session H. R. 6702 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.

1. Short title This Act may be cited as the DEA Enforcement and Authority Act of 2018 . 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.