Ensuring Compliance Against Drug Diversion Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 4812 IN THE SENATE OF THE UNITED STATES NOVEMBER 18, 2020 Received; read twice and referred to the Committee on the Judiciary 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 sub- stances or list I chemicals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4812.RFS H4812 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4812 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Ensuring Compliance 2 Against Drug Diversion Act of 2020’’. 3 SEC. 2. MODIFICATION, TRANSFER, AND TERMINATION OF 4 REGISTRATION TO MANUFACTURE, DIS- 5 TRIBUTE, OR DISPENSE CONTROLLED SUB- 6 STANCES. 7 Subsection (a) of section 302 of the Controlled Sub- 8 stances Act (21 U.S.C. 822) is amended by adding at the 9 end the following new paragraph: 10 ‘‘(3)(A) Except as provided in subparagraph (C), the 11 registration of any registrant under this title to manufac- 12 ture, distribute, or dispense controlled substances or list 13 I chemicals terminates if and when such registrant— 14 ‘‘(i) dies; 15 ‘‘(ii) ceases legal existence; 16 ‘‘(iii) discontinues business or professional prac- 17 tice; or 18 ‘‘(iv) surrenders such registration. 19 ‘‘(B) In the case of such a registrant who ceases legal 20 existence or discontinues business or professional practice, 21 such registrant shall promptly notify the Attorney General 22 in writing of such fact. 23 ‘‘(C) No registration under this title to manufacture, 24 distribute, or dispense controlled substances or list I 25 chemicals, and no authority conferred thereby, may be as- 26 VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4812.RFS H4812 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4812 RFS signed or otherwise transferred except upon such condi- 1 tions as the Attorney General may specify and then only 2 pursuant to written consent. A registrant to whom a reg- 3 istration is assigned or transferred pursuant to the pre- 4 ceding sentence may not manufacture, distribute, or dis- 5 pense controlled substances or list I chemicals pursuant 6 to such registration until the Attorney General receives 7 such written consent. 8 ‘‘(D) In the case of a registrant under this title to 9 manufacture, distribute, or dispense controlled substances 10 or list I chemicals desiring to discontinue business or pro- 11 fessional practice altogether or with respect to controlled 12 substances and list I chemicals (without assigning or 13 transferring such business or professional practice to an- 14 other entity), such registrant shall return to the Attorney 15 General for cancellation— 16 ‘‘(i) the registrant’s certificate of registration; 17 ‘‘(ii) any unexecuted order forms in the reg- 18 istrant’s possession; and 19 ‘‘(iii) any other documentation that the Attor- 20 ney General may require.’’. 21 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 22 The budgetary effects of this Act, for the purpose of 23 complying with the Statutory Pay-As-You-Go Act of 2010, 24 shall be determined by reference to the latest statement 25 VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4812.RFS H4812 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4812 RFS titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 1 Act, submitted for printing in the Congressional Record 2 by the Chairman of the House Budget Committee, pro- 3 vided that such statement has been submitted prior to the 4 vote on passage. 5 Passed the House of Representatives November 17, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 18:19 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4812.RFS H4812 pamtmann on DSKBC07HB2PROD with BILLS