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II
117TH CONGRESS
1ST SESSION
S. 1594
To clarify the congressional intent behind the requirements relating to imme-
diate 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.
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘DEA Enforcement and
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Authority Act of 2021’’.
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•S 1594 IS
SEC. 2. DENIAL, REVOCATION, OR SUSPENSION OF CON-
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TROLLED SUBSTANCES REGISTRATION.
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(a) STANDARD OF REVIEW FOR IMMEDIATE SUSPEN-
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SION ORDERS.—Section 304(d)(2) of the Controlled Sub-
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stances Act (21 U.S.C. 824(d)(2)) is amended by striking
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‘‘a substantial likelihood of an immediate threat’’ and in-
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serting ‘‘probable cause’’.
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(b) OPPORTUNITY TO SUBMIT CORRECTIVE ACTION
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PLAN PRIOR TO REVOCATION OR SUSPENSION.—
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(1) IN GENERAL.—Section 304(c) of the Con-
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trolled Substances Act (21 U.S.C. 824(c)) is amend-
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ed—
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(A) by striking paragraphs (2) through
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(5);
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(B) by striking ‘‘(c)(1) Before’’ and insert-
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ing ‘‘(c) Before’’; and
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(C) by adding at the end the following:
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‘‘The order to show cause shall contain a state-
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ment of the basis thereof and shall call upon
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the applicant or registrant to appear before the
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Attorney General at a time and place stated in
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the order, but in no event less than 30 days
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after the date of receipt of the order. Pro-
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ceedings to deny, revoke, or suspend shall be
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conducted pursuant to this section in accord-
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ance with subchapter II of chapter 5 of title 5,
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•S 1594 IS
United States Code. Such proceedings shall be
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independent of, and not in lieu of, criminal
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prosecutions or other proceedings under this
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title or any other law of the United States.’’.
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(2) APPLICABILITY
TO
PENDING
CORRECTIVE
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ACTION PLANS.—The Attorney General shall not be
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required to review any corrective action plan sub-
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mitted by an applicant or registrant under section
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304(c)(2) of the Controlled Substances Act (21
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U.S.C. 824(c)(2)), as in effect on the day before the
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date of enactment of this Act.
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Æ
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