A bill to repeal the amendments made to the Controlled Substances Act by the Ensuring Patient Access and Effective Drug Enforcement Act of 2016.

This bill repeals two sections of the Ensuring Patient Access and Effective Drug Enforcement Act of 2016 and the amendments made by such sections to the Controlled Substances Act. The repealed sections modified registration and enforcement authorities of the Drug Enforcement Administration with respect to manufacturers, distributors, and dispensers of controlled substances.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1960 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1960

 To repeal the amendments made to the Controlled Substances Act by the 
  Ensuring Patient Access and Effective Drug Enforcement Act of 2016.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2017

 Mrs. McCaskill (for herself, Mr. Manchin, and Ms. Hassan) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To repeal the amendments made to the Controlled Substances Act by the 
  Ensuring Patient Access and Effective Drug Enforcement Act of 2016.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF THE ENSURING PATIENT ACCESS AND EFFECTIVE DRUG 
              ENFORCEMENT ACT OF 2016.

    (a) Registration Process Under the Controlled Substances Act.--
Sections 1 and 2 of the Ensuring Patient Access and Effective Drug 
Enforcement Act of 2016 (Public Law 114-145; 130 Stat. 354) and the 
amendments made by such sections are repealed.
    (b) Technical and Conforming Amendments.--
            (1) Definitions.--
                    (A) Factors as may be relevant to and consistent 
                with the public health and safety.--Section 303 of the 
                Controlled Substances Act (21 U.S.C. 823) is amended by 
                striking subsection (j).
                    (B) Imminent danger to the public health or 
                safety.--Section 304(d) of the Controlled Substances 
                Act (21 U.S.C. 824(d)) is amended--
                            (i) by striking ``(d)(1) The Attorney 
                        General'' and inserting ``(d) The Attorney 
                        General''; and
                            (ii) by striking paragraph (2).
            (2) Opportunity to submit corrective action plan prior to 
        revocation or suspension.--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 
                thirty 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.''.
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