[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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