Servicemembers and Veterans Prescription Drug Safety Act of 2016

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers and Veterans 
Prescription Drug Safety Act of 2016''.

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.

Summary: Servicemembers and Veterans Prescription Drug Safety Act of 2016 This bill directs the Department of Defense (DOD) and the Department of Justice (DOJ) to carry out a joint program under which an eligible person who has lawfully obtained a covered controlled substance may deliver it for disposal at a facility to be specified by DOD and DOJ. An eligible person for this purpose shall be: a member of the Armed Forces, an individual receiving or entitled to military retired or retainer pay, a member's dependent-beneficiary who is receiving certain health care services, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOD and DOJ shall develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program. DOJ and the Department of Veterans Affairs (VA) shall carry out a similar joint program covering any veteran, veteran's spouse or dependent, a person in receipt of medical services at a VA facility, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOJ and the VA shall also develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program.