Ensuring Compliance Against Drug Diversion Act of 2021
PL 117-53 (H.R.1899), enacted 11/10/2021

[117th Congress Public Law 53]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 411]]

Public Law 117-53
117th Congress

                                 An Act


 
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. <<NOTE: Nov. 10, 2021 -  [H.R. 1899]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ensuring 
Compliance Against Drug Diversion Act of 2021. 21 USC 801 note.>> 
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) <<NOTE: Notification.>>  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;

[[Page 135 STAT. 412]]

            ``(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.

    Approved November 10, 2021.

LEGISLATIVE HISTORY--H.R. 1899:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            Apr. 14, 15, considered and passed House.
            Oct. 26, considered and passed Senate.

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