Text: S.1089 — 113th Congress (2013-2014)All Information (Except Text)

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Introduced in Senate (06/04/2013)


113th CONGRESS
1st Session
S. 1089


To provide for a prescription drug take-back program for members of the Armed Forces and veterans, and for other purposes.


IN THE SENATE OF THE UNITED STATES

June 4, 2013

Ms. Collins (for herself, Mr. Blumenthal, Mrs. Boxer, Mr. Manchin, Ms. Murkowski, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To provide for a prescription drug take-back program for members of the Armed Forces and veterans, 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 “Servicemembers and Veterans Prescription Drug Safety Act of 2013”.

SEC. 2. Prescription drug take-back program for members of the Armed Forces and their dependents.

(a) Definitions.—In this section:

(1) COVERED BENEFICIARY.—The term “covered beneficiary” has the meaning given that term in section 1072 of title 10, United States Code.

(2) COVERED CONTROLLED SUBSTANCE.—The term “covered controlled substance” means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(3) DEPENDENT.—The term “dependent” has the meaning given that term in section 1072 of title 10, United States Code.

(4) ELIGIBLE PERSON.—The term “eligible person” means—

(A) a member of the Armed Forces;

(B) an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code;

(C) a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 of title 10, United States Code; and

(D) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use.

(5) PROGRAM.—The term “program” means the program established under subsection (b)(1).

(6) SECRETARY.—The term “Secretary” means the Secretary of Defense.

(b) Program required.—

(1) IN GENERAL.—The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2).

(2) DELIVERY OF CONTROLLED SUBSTANCES.—Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program.

(c) Prevention of abuse.—In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program.

(d) Administration of program.—

(1) REGULATIONS.—Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program.

(2) IMPLEMENTATION.—Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.

SEC. 3. Prescription drug take-back program for veterans and their dependents.

(a) Definitions.—In this section:

(1) COVERED CONTROLLED SUBSTANCE.—The term “covered controlled substance” means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

(2) ELIGIBLE PERSON.—The term “eligible person” means—

(A) a veteran;

(B) the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary;

(C) a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary;

(D) a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and

(E) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use.

(3) PROGRAM.—The term “program” means the program established under subsection (b)(1).

(4) SECRETARY.—The term “Secretary” means the Secretary of Veterans Affairs.

(5) VETERAN.—The term “veteran” has the meaning given that term in section 101 of title 38, United States Code.

(b) Program required.—

(1) IN GENERAL.—The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2).

(2) DELIVERY OF CONTROLLED SUBSTANCES.—Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program.

(c) Prevention of abuse.—In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program.

(d) Administration of program.—

(1) REGULATIONS.—Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program.

(2) IMPLEMENTATION.—Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program.