[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5809 Reported in House (RH)]
Union Calendar No. 360
111th CONGRESS
2d Session
H. R. 5809
[Report No. 111-618, Part I]
To amend the Controlled Substances Act to provide for take-back
disposal of controlled substances in certain instances, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2010
Mr. Inslee (for himself, Mr. Smith of Texas, Mr. Stupak, and Mr. Moran
of Virginia) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
September 22, 2010
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 22, 2010
Additional sponsors: Ms. Zoe Lofgren of California, Mrs. Capps, Mr.
Connolly of Virginia, Mr. Larsen of Washington, Mr. Gene Green of
Texas, Mr. Blumenauer, Mr. Wolf, Ms. Bordallo, Mr. Quigley, and Ms.
Slaughter
September 22, 2010
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July
21, 2010]
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to provide for take-back
disposal of controlled substances in certain instances, and for other
purposes.
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 ``Safe Drug Disposal Act of 2010''.
SEC. 2. DELIVERY OF CONTROLLED SUBSTANCES BY ULTIMATE USERS FOR
DISPOSAL.
(a) Regulatory Authority.--Section 302 of the Controlled Substances
Act (21 U.S.C. 822) is amended by adding at the end the following:
``(g)(1) An ultimate user who has lawfully obtained a controlled
substance in accordance with this title may, without being registered,
deliver the controlled substance to another person for the purpose of
disposal of the controlled substance if--
``(A) the person receiving the controlled substance is
authorized under this title to receive and dispose of the
controlled substance; and
``(B) the delivery and disposal takes place in accordance
with regulations issued by the Attorney General to prevent
diversion of controlled substances.
The regulations referred to in subparagraph (B) shall be consistent
with the public health and safety. In developing such regulations, the
Attorney General shall take into consideration the ease and cost of
program implementation and participation by various communities. Such
regulations may not require any entity to establish or operate a
delivery or disposal program.
``(2) The Attorney General shall, by regulation, authorize long-
term care facilities, as defined by the Attorney General by regulation,
to deliver for disposal controlled substances on behalf of ultimate
users in a manner that the Attorney General determines will provide
effective controls against diversion and be consistent with the public
health and safety.
``(3) If a person dies while lawfully in possession of a controlled
substance for personal use, any person lawfully entitled to dispose of
the decedent's property may deliver the controlled substance to another
person for the purpose of disposal under the same conditions as
provided in paragraph (1) for an ultimate user.''.
(b) Conforming Amendment.--Section 308(b) of the Controlled
Substances Act (21 U.S.C. 828(b)) is amended--
(1) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(2) by adding at the end the following:
``(3) the delivery of such a substance for the purpose of
disposal by an ultimate user, long-term care facility, or other
person acting in accordance with section 302(g).''.
SEC. 3. PUBLIC EDUCATION CAMPAIGN.
The Director of National Drug Control Policy, in consultation with
the Administrator of the Environmental Protection Agency, shall carry
out a public education and outreach campaign to increase awareness of
how ultimate users may lawfully and safely dispose of prescription
drugs, including controlled substances, through drug take-back programs
and other appropriate means.
SEC. 4. GAO REPORT.
The Comptroller General of the United States shall--
(1) collect data on the delivery, transfer, and disposal of
controlled substances under section 302(g) of the Controlled
Substances Act, as added by section 2; and
(2) not later than 4 years after the date of the enactment
of this Act, submit findings and recommendations to the
Congress regarding use, effectiveness, and accessibility of
disposal programs.
SEC. 5. EPA STUDY OF ENVIRONMENTAL IMPACTS.
(a) Study.--The Administrator of the Environmental Protection
Agency (in this section referred to as the ``Administrator'') shall--
(1) in consultation with relevant State and local officials
and other sources of relevant technical expertise, conduct a
study to--
(A) examine the environmental impacts resulting
from the ultimate disposal of controlled substances
through existing methods;
(B) taking into consideration such impacts, and the
ease and cost of implementation of drug take-back
programs and participation in such programs by various
communities, formulate appropriate recommendations on
the destruction or ultimate disposal of prescription
drugs, including controlled substances; and
(C) identify additional authority needed to carry
out such recommendations if the Administrator
determines that the Administrator's existing legal
authorities are insufficient to implement such
recommendations; and
(2) not later than 18 months after the date of the
enactment of this Act, submit a report to the Congress on the
results of such study.
(b) Rule of Construction.--Nothing in this section shall be
construed to affect the Administrator's authority under other
provisions of law.
Union Calendar No. 360
111th CONGRESS
2d Session
H. R. 5809
[Report No. 111-618, Part I]
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to provide for take-back
disposal of controlled substances in certain instances, and for other
purposes.
_______________________________________________________________________
September 22, 2010
Reported from the Committee on Energy and Commerce with an amendment
September 22, 2010
Committee on the Judiciary discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed