[Congressional Record Volume 167, Number 64 (Wednesday, April 14, 2021)]
[House]
[Pages H1763-H1764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       DEBARMENT ENFORCEMENT OF BAD ACTOR REGISTRANTS ACT OF 2021

  Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1002) to amend the Controlled Substances Act to authorize 
the debarment of certain registrants, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1002

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Debarment Enforcement of Bad 
     Actor Registrants Act of 2021'' or the ``DEBAR Act of 2021''.

     SEC. 2. DEBARMENT OF CERTAIN REGISTRANTS.

       Section 304 of the Controlled Substances Act (21 U.S.C. 
     824) is amended by adding at the end the following:
       ``(h) The Attorney General may issue an order to prohibit, 
     conditionally or unconditionally, and permanently or for such 
     period as the Attorney General may determine, any person from 
     being registered under this title to manufacture, distribute, 
     or dispense a controlled substance or a list I chemical, if 
     the Attorney General finds that--
       ``(1) such person meets or has met any of the conditions 
     for suspension or revocation of registration under subsection 
     (a); and
       ``(2) such person has a history of prior suspensions or 
     revocations of registration.''.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Florida (Mr. Bilirakis) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 1002.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 1002, the Debarment 
Enforcement of Bad Actor Registrants Act of 2021, or the DEBAR Act of 
2021.
  One of the critical missions of the Drug Enforcement Administration 
is enforcing and implementing the Controlled Substances Act in order to 
prevent drug diversion and limit access to substances that may pose a 
risk if used incorrectly.
  One important lever the DEA has at its disposal to manage diversion 
or noncompliance with the law is the ability to revoke or surrender an 
individual's controlled substance registration, which is needed to 
handle controlled substances.
  A recent report by the Department of Justice Office of the Inspector 
General found weaknesses in the DEA's current registration processes 
and instances where the agency did not fully utilize its regulatory 
authorities to address noncompliance. Specifically, the inspector 
general found cases where entities whose registration were revoked were 
later able to obtain a new license.
  For example, the report included one case where a doctor who had 
their registration revoked for serious misconduct then moved to another 
State under the authority of a different DEA field division and was 
granted a controlled substances registration after reapplying.
  Another example in the report included a dentist who had voluntarily 
surrendered his medical license and DEA registration on two separate 
occasions. The dentist had also been convicted of a felony, which is 
grounds for suspension or revocation of an individual's registration 
under the Controlled Substances Act. However, this dentist was still 
able to obtain another DEA registration.
  Amid rising substance abuse and tragic drug overdoses, errors like 
these can be tragic and simply should not be happening. H.R. 1002 would 
address these errors by authorizing the debarment of any registrant who 
either meets the criteria for temporary or permanent suspension or 
revocation or has a history of prior suspensions or revocations.
  I thank my committee colleagues--Representative Latta, in 
particular--for leading this legislation, and also Ranking Member 
Rodgers for her work on this legislation.
  Madam Speaker, I urge my colleagues to support the bill, and I 
reserve the balance of my time.
  Mr. BILIRAKIS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 1002, the Debarment 
Enforcement of Bad Actor Registrants, or the DEBAR Act, which was 
introduced by my very good friend, Mr. Latta.
  This provision would give the Drug Enforcement Administration, DEA, 
debarment authority to prohibit a person who has repeatedly violated 
the Controlled Substances Act from receiving a registration to 
manufacture, distribute, or dispense a controlled substance.
  It makes a lot of sense. A recent Department of Justice Office of the 
Inspector General report found that when

[[Page H1764]]

certain bad actor registrants have their registration revoked, they can 
reapply for registration the very next day. Registrants who pose a 
significant risk of diverting drugs could be given the opportunity to 
do so once again.
  We have to stop this. That is why this legislation is so vital.
  Repeat offenders should not be allowed to get a new registration from 
the DEA just days after their previous registration was revoked because 
they broke the law. Limited debarment authority is a commonsense and 
effective administrative tool to address diversion, fraud, and 
misconduct.
  I strongly support this legislation.
  Madam Speaker, I yield such time as he may consume to the gentleman 
from Ohio (Mr. Latta).
  Mr. LATTA. Madam Speaker, I appreciate my good friend from Florida 
for yielding. I also thank the chairman of the committee for bringing 
this bill before us today on the floor.
  Madam Speaker, I rise today in support of H.R. 1002, the Debarment 
Enforcement of Bad Actor Registrants Act of 2021, or the DEBAR Act.
  In the 116th Congress, we worked vigorously to tackle the coronavirus 
and address the needs of those who were suffering. One of the hardest 
issues facing Americans during this time was substance abuse, which, on 
average, takes nearly 130 lives each day in our Nation.
  The Centers for Disease Control and Prevention reported that more 
than 88,000 drug overdoses occurred in a 1-year period ending in August 
of 2020, making it the deadliest year for U.S. overdoses.
  In Ohio alone, opioid overdoses reached record levels, rising 16 
percent in the second quarter of 2020. Prior to the pandemic, these 
rates were, thankfully, declining over a 24-month period.
  We need to act immediately to put an end to this crisis. The DEBAR 
Act provides the Drug Enforcement Administration, DEA, debarment 
authority to permanently prohibit a person or entity that has violated 
the Controlled Substances Act from being able to receive a registration 
to manufacture, distribute or dispense a controlled substance.
  This legislation would also close loopholes and reduce the 
circulation of illegal substances across our Nation and keep bad actors 
from reapplying for new licenses once revoked. There is no silver 
bullet when it comes to fighting the opioid epidemic; however, the 
DEBAR Act will help address what is needed to combat this crisis, save 
lives, and stop bad actors from contributing to addiction.
  Again, I thank the chairman, my friend from New Jersey, for bringing 
the bill to the floor. I also thank our ranking member from Washington 
for her help on this legislation.
  Madam Speaker, I encourage my colleagues to support this bill.
  Mr. BILIRAKIS. Madam Speaker, I urge passage of this good bill, and I 
yield back the balance of my time.
  Mr. PALLONE. Madam Speaker, I also urge support for the legislation, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 1002, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. MILLER of Illinois. Madam Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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