DEA Enforcement and Authority Act of 2021

Bill: 117-s-1594
Sponsor: full_name: Sen. Manchin, Joe, III [D-WV]
Introduced: 2021-05-12
Policy area: Crime and Law Enforcement
Subjects: Administrative remedies

Department of Justice

Drug Enforcement Administration (DEA)

Drug trafficking and controlled substances

Licensing and registrations
Latest action: action_date: 2021-05-12
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-05-12
action_desc: Introduced in Senate
text: <p><strong>DEA Enforcement and Authority Act of 2021</strong></p> <p>This bill modifies enforcement authorities of the Drug Enforcement Administration (DEA).</p> <p>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.</p> <p>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&#8212;from substantial likelihood of an immediate threat of harm to probable cause that harm will occur.</p>

tv_txt: II 117th CONGRESS 1st Session S. 1594 IN THE SENATE OF THE UNITED STATES May 12, 2021 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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 2021 . 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.