I 

114TH CONGRESS 

2D SESSION H. R. 4635 

To provide for a prescription drug take-back program for members of the 

Armed Forces and veterans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2016 

Mr. CARTWRIGHT introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on Armed Services, the Judiciary, and Veterans’ Affairs, 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 

A BILL 

To provide for a prescription drug take-back program for 

members of the Armed Forces and veterans, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Servicemembers and 

5 Veterans Prescription Drug Safety Act of 2016’’. 


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1 SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR 

2 MEMBERS OF THE ARMED FORCES AND 

3 THEIR DEPENDENTS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COVERED BENEFICIARY.—The term ‘‘cov6 ered beneficiary’’ has the meaning given that term 

7 in section 1072 of title 10, United States Code. 

8 (2) COVERED CONTROLLED SUBSTANCE.—The 

9 term ‘‘covered controlled substance’’ means a con10 trolled substance that is listed in schedule II, III, 

11 IV, or V of section 202(c) of the Controlled Sub12 stances Act (21 U.S.C. 812(c)). 

13 (3) DEPENDENT.—The term ‘‘dependent’’ has 

14 the meaning given that term in section 1072 of title 

15 10, United States Code. 

16 (4) ELIGIBLE PERSON.—The term ‘‘eligible per17 son’’ means— 

18 (A) a member of the Armed Forces; 

19 (B) an individual who is receiving or is en20 titled to receive retired or retainer pay under 

21 chapter 71 of title 10, United States Code; 

22 (C) a dependent of a member of the Armed 

23 Forces, if that dependent is a covered bene24 ficiary in receipt of health care services under 

25 chapter 55 of title 10, United States Code; and 


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1 (D) any person lawfully entitled to dispose 

2 of the property of a person described in sub3 paragraphs (A) through (C) who dies while law4 fully in possession of a covered controlled sub5 stance for personal use. 

6 (5) PROGRAM.—The term ‘‘program’’ means 

7 the program established under subsection (b)(1). 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Defense. 

10 (b) PROGRAM REQUIRED.— 

11 (1) IN GENERAL.—The Secretary and the At12 torney General shall jointly carry out a program, 

13 which shall, except as provided in paragraph (2), be 

14 carried out in accordance with section 302(g) of the 

15 Controlled Substances Act (21 U.S.C. 822(g)), 

16 under which an eligible person who has lawfully ob17 tained a covered controlled substance in accordance 

18 with such Act may deliver the covered controlled 

19 substance to be disposed of at a facility and by a 

20 person specified under paragraph (2). 

21 (2) DELIVERY OF CONTROLLED SUBSTANCES.— 

22 Notwithstanding the requirement under section 

23 302(g)(1) of the Controlled Substances Act (21 

24 U.S.C. 822(g)(1)) that a person receiving a con25 trolled substance be authorized to receive the conVerDate Sep 11 2014 03:48 Feb 27, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4635.IH H4635

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1 trolled substance under such Act, the Secretary and 

2 the Attorney General shall jointly specify the facili3 ties and persons to which covered controlled sub4 stances may be delivered under the program. 

5 (c) PREVENTION OF ABUSE.—In implementing the 

6 program, the Secretary and the Attorney General shall 

7 jointly develop appropriate guidelines and procedures to 

8 prevent the diversion, misuse, theft, or loss of controlled 

9 substances delivered under the program. 

10 (d) ADMINISTRATION OF PROGRAM.— 

11 (1) REGULATIONS.—Not later than 1 year after 

12 the date of enactment of this Act, the Secretary and 

13 the Attorney General shall jointly prescribe regula14 tions to carry out the program. 

15 (2) IMPLEMENTATION.—Not later than 1 year 

16 after the date on which the Secretary and the Attor17 ney General jointly prescribe regulations under para18 graph (1), the Secretary shall fully implement the 

19 program. 

20 SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR 

21 VETERANS AND THEIR DEPENDENTS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COVERED CONTROLLED SUBSTANCE.—The 

24 term ‘‘covered controlled substance’’ means a con25 trolled substance that is listed in schedule II, III, 


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1 IV, or V of section 202(c) of the Controlled Sub2 stances Act (21 U.S.C. 812(c)). 

3 (2) ELIGIBLE PERSON.—The term ‘‘eligible per4 son’’ means— 

5 (A) a veteran; 

6 (B) the spouse of a veteran, if the spouse 

7 is in receipt of medical services under laws ad8 ministered by the Secretary; 

9 (C) a dependent of a veteran, if the de10 pendent is in receipt of medical services under 

11 laws administered by the Secretary; 

12 (D) a person described in section 2(a)(4) 

13 who is in receipt of medical services at a facility 

14 of the Department of Veterans Affairs; and 

15 (E) any person lawfully entitled to dispose 

16 of the property of a person described in sub17 paragraphs (A) through (D) who dies while law18 fully in possession of a covered controlled sub19 stance for personal use. 

20 (3) PROGRAM.—The term ‘‘program’’ means 

21 the program established under subsection (b)(1). 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Veterans Affairs. 


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1 (5) VETERAN.—The term ‘‘veteran’’ has the 

2 meaning given that term in section 101 of title 38, 

3 United States Code. 

4 (b) PROGRAM REQUIRED.— 

5 (1) IN GENERAL.—The Secretary and the At6 torney General shall jointly carry out a program, 

7 which shall, except as provided in paragraph (2), be 

8 carried out in accordance with section 302(g) of the 

9 Controlled Substances Act (21 U.S.C. 822(g)), 

10 under which an eligible person who has lawfully ob11 tained a covered controlled substance in accordance 

12 with such Act may deliver the covered controlled 

13 substance to be disposed of at a facility and by a 

14 person specified under paragraph (2). 

15 (2) DELIVERY OF CONTROLLED SUBSTANCES.— 

16 Notwithstanding the requirement under section 

17 302(g)(1) of the Controlled Substances Act (21 

18 U.S.C. 822(g)(1)) that a person receiving a con19 trolled substance be authorized to receive the con20 trolled substance under such Act, the Secretary and 

21 the Attorney General shall jointly specify the facili22 ties and persons to which covered controlled sub23 stances may be delivered under the program. 

24 (c) PREVENTION OF ABUSE.—In implementing the 

25 program, the Secretary and the Attorney General shall 


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1 jointly develop appropriate guidelines and procedures to 

2 prevent the diversion, misuse, theft, or loss of controlled 

3 substances delivered under the program. 

4 (d) ADMINISTRATION OF PROGRAM.— 

5 (1) REGULATIONS.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary and 

7 the Attorney General shall jointly prescribe regula8 tions to carry out the program. 

9 (2) IMPLEMENTATION.—Not later than 1 year 

10 after the date on which the Secretary and the Attor11 ney General jointly prescribe regulations under para12 graph (1), the Secretary shall fully implement the 

13 program. 

Æ 


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