Should the DEA Be Able to Debar Entities from Registering to Manufacture, Distribute, or Dispense Controlled Substances? (H.R. 1002)

What is H.R. 1002?

(Updated February 27, 2022)

This bill was enacted on August 6, 2021

This bill, the DEBAR Act of 2021, seeks to ensure that bad actors cannot register to manufacture, distribute, or dispense a controlled substance. It would authorize the Drug Enforcement Agency (DEA) to bar an entity from registering to manufacture, distribute, or dispense controlled substances under certain circumstances. Specifically, the DEA would be authorized to temporarily or permanently bar the registration of an entity that meets or has met any condition for suspension or revocation of its registration and is unfit to manufacture, distribute, or dispense a controlled substance.

Additionally, the attorney general would be similarly authorized to issue an order to prohibit (conditionally or unconditionally) persons or entities permanently or for such a period as the AG deems appropriate.

This bill’s full title is the Debarment Enforcement of Bad Actor Registrants Act of 2021.

Argument in favor

Currently, Drug Enforcement Agency (DEA) registrants who have had their registrations revoked can reapply immediately for new licenses. Although these new licenses are usually rejected, they are sometimes approved. This allows entities that shouldn’t be allowed to manufacture, distribute, or dispense controlled substances to continue operating. Giving the DEA the power to debar entities would solve this problem.

Argument opposed

The Drug Enforcement Agency (DEA) already rejects the vast majority of entities seeking new licenses after having their existing ones revoked. Given this, it’s unnecessary to give the agency debarment authority.

Impact

Prospective manufacturers, distributors, or dispensers of controlled substances; and the Drug Enforcement Agency (DEA).

Cost of H.R. 1002

In the 116th Congress, the Congressional Budget Office (CBO) estimated that there would be no cost to implement this bill.

Additional Info

In-Depth: Sponsoring Rep. Bob Latta (R-OH) reintroduced this bill from the 116th Congress to give the Drug Enforcement Agency (DEA) debarment authority to permanently prohibit persons or entities that have violated the Controlled Substance Act (CSA) from receiving registrations to manufacture, distribute, or dispense controlled substances:

“As we are working to stop the opioid epidemic and continue our efforts to help the people most impacted by this crisis, there is more to be done to ensure people who shouldn’t be able to manufacture, distribute, or dispense a controlled substance are not doing so. The DEBAR Act prohibits bad actors from registering for a controlled substance to help stop the illegal flow of opioids across our country.”  

This legislation does not have any cosponsors in the 117th Congress. In the previous session of Congress, Rep. Latta introduced this legislation with the support of one cosponsor, Rep. Greg Walden (R-OR), and it passed the House by voice vote but didn’t receive a Senate vote.

Of Note: Currently, Drug Enforcement Agency (DEA) registrants that have had their registrations revoked can reapply immediately for new licenses. Although these registrants’ new licenses are usually rejected, a recent DEA Inspector General report found cases in which entities were able to obtain new licenses immediately after having one revoked.

Media:

• Sponsoring Rep. Bob Latta (R-OH) Press Release (117th Congress)
  
• CBO Cost Estimate (116th Congress)
  
• Sponsoring Rep. Bob Latta (R-OH) Press Release (Context)