Section 1 Short title
This Act may be cited as the “Restricting Entrance and Strengthening the Requirements on Import Controls for Trafficking of Illicit Drugs Act” or the “RESTRICT Illicit Drugs Act”.
Restricting Entrance and Strengthening the Requirements on Import Controls for Trafficking of Illicit Drugs Act
A BILL
To increase the authority of the Secretary of Health and Human Services to restrict the entrance of illicit drugs into the United States.
Sec. 2 Restricting entrance of illicit drugs
In general— The Secretary of Health and Human Services (referred to in this section as the “Secretary”), acting through the Commissioner of Food and Drugs, upon discovering or receiving, in a package being offered for import, a controlled substance that is offered for import in violation of any requirement of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), or any other applicable law, shall transfer such package to the U.S. Customs and Border Protection. If the Secretary identifies additional packages that appear to be the same as such package containing a controlled substance, such additional packages may also be transferred to U.S. Customs and Border Protection. The U.S. Customs and Border Protection shall receive such packages consistent with the requirements of the Controlled Substances Act (21 U.S.C. 801 et seq.).
Debarment, temporary denial of approval, and suspension—
In general— Section 306(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(b)) is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by inserting “or (3)” after “paragraph (2)”;
in subparagraph (A), by striking the comma at the end and inserting a semicolon;
in subparagraph (B), by striking “, or” and inserting a semicolon;
in subparagraph (C), by striking the period and inserting “; or”; and
by adding at the end the following:
“(D) a person from importing or offering for import into the United States a drug.”
in paragraph (3)—
in the heading, by striking “Food”;
in subparagraph (A), by striking “; or” and inserting a semicolon;
in subparagraph (B), by striking the period and inserting “; or”; and
and by adding at the end the following:
“(C) the person has been convicted of a felony for conduct relating to the importation into the United States of any drug or controlled substance (as defined in section 102 of the Controlled Substances Act).”
Prohibited act— Section 301(cc) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(cc)) is amended—
by inserting “or a drug” after “food”; and
by inserting “from such activity” after “debarred”.
Imports and exports— Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended—
by striking the second sentence;
by striking “If it appears” and inserting “Subject to subsection (b), if it appears”;
by striking “regarding such article, then such article shall be refused” and inserting the following: “regarding such article, or (5) such article is being imported or offered for import in violation of section 301(cc), then any such article described in any of clauses (1) through (5) may be refused admission. If it appears from the examination of such samples or otherwise that the article is a counterfeit drug, such article shall be refused admission.”;
by striking “this Act, then such article shall be refused admission” and inserting “this Act, then such article may be refused admission”; and
by striking “Clause (2) of the third sentence” and all that follows through the period at the end and inserting the following: “Neither clause (2) nor clause (5) of the second sentence of this subsection shall be construed to prohibit the admission of narcotic drugs, the importation of which is permitted under the Controlled Substances Import and Export Act.”.