II 

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. 

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 2013’’. 

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

7 MEMBERS OF THE ARMED FORCES AND 

8 THEIR DEPENDENTS. 

9 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED BENEFICIARY.—The term ‘‘cov2 ered beneficiary’’ has the meaning given that term 

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

4 (2) COVERED CONTROLLED SUBSTANCE.—The 

5 term ‘‘covered controlled substance’’ means a con6 trolled substance that is listed in schedule II, III, 

7 IV, or V of section 202(c) of the Controlled Sub8 stances Act (21 U.S.C. 812(c)). 

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

10 the meaning given that term in section 1072 of title 

11 10, United States Code. 

12 (4) ELIGIBLE PERSON.—The term ‘‘eligible per13 son’’ means— 

14 (A) a member of the Armed Forces; 

15 (B) an individual who is receiving or is en16 titled to receive retired or retainer pay under 

17 chapter 71 of title 10, United States Code; 

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

19 Forces, if that dependent is a covered bene20 ficiary in receipt of health care services under 

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

22 (D) any person lawfully entitled to dispose 

23 of the property of a person described in sub24 paragraphs (A) through (C) who dies while lawVerDate Mar 15 2010 01:01 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1089.IS S1089

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1 fully in possession of a covered controlled sub2 stance for personal use. 

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

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

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

6 the Secretary of Defense. 

7 (b) PROGRAM REQUIRED.— 

8 (1) IN GENERAL.—The Secretary and the At9 torney General shall jointly carry out a program, 

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

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

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

13 under which an eligible person who has lawfully ob14 tained a covered controlled substance in accordance 

15 with such Act may deliver the covered controlled 

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

17 person specified under paragraph (2). 

18 (2) DELIVERY OF CONTROLLED SUBSTANCES.— 

19 Notwithstanding the requirement under section 

20 302(g)(1) of the Controlled Substances Act (21 

21 U.S.C. 822(g)(1)) that a person receiving a con22 trolled substance be authorized to receive the con23 trolled substance under such Act, the Secretary and 

24 the Attorney General shall jointly specify the faciliVerDate Mar 15 2010 01:01 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1089.IS S1089

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1 ties and persons to which covered controlled sub2 stances may be delivered under the program. 

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

4 program, the Secretary and the Attorney General shall 

5 jointly develop appropriate guidelines and procedures to 

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

7 substances delivered under the program. 

8 (d) ADMINISTRATION OF PROGRAM.— 

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

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

11 the Attorney General shall jointly prescribe regula12 tions to carry out the program. 

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

14 after the date on which the Secretary and the Attor15 ney General jointly prescribe regulations under para16 graph (1), the Secretary shall fully implement the 

17 program. 

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

19 VETERANS AND THEIR DEPENDENTS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COVERED CONTROLLED SUBSTANCE.—The 

22 term ‘‘covered controlled substance’’ means a con23 trolled substance that is listed in schedule II, III, 

24 IV, or V of section 202(c) of the Controlled Sub25 stances Act (21 U.S.C. 812(c)). 


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1 (2) ELIGIBLE PERSON.—The term ‘‘eligible per2 son’’ means— 

3 (A) a veteran; 

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

5 is in receipt of medical services under laws ad6 ministered by the Secretary; 

7 (C) a dependent of a veteran, if the de8 pendent is in receipt of medical services under 

9 laws administered by the Secretary; 

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

11 who is in receipt of medical services at a facility 

12 of the Department of Veterans Affairs; and 

13 (E) any person lawfully entitled to dispose 

14 of the property of a person described in sub15 paragraphs (A) through (D) who dies while law16 fully in possession of a covered controlled sub17 stance for personal use. 

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

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

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

21 the Secretary of Veterans Affairs. 

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

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

24 United States Code. 

25 (b) PROGRAM REQUIRED.— 


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•S 1089 IS

1 (1) IN GENERAL.—The Secretary and the At2 torney General shall jointly carry out a program, 

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

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

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

6 under which an eligible person who has lawfully ob7 tained a covered controlled substance in accordance 

8 with such Act may deliver the covered controlled 

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

10 person specified under paragraph (2). 

11 (2) DELIVERY OF CONTROLLED SUBSTANCES.— 

12 Notwithstanding the requirement under section 

13 302(g)(1) of the Controlled Substances Act (21 

14 U.S.C. 822(g)(1)) that a person receiving a con15 trolled substance be authorized to receive the con16 trolled substance under such Act, the Secretary and 

17 the Attorney General shall jointly specify the facili18 ties and persons to which covered controlled sub19 stances may be delivered under the program. 

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

21 program, the Secretary and the Attorney General shall 

22 jointly develop appropriate guidelines and procedures to 

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

24 substances delivered under the program. 

25 (d) ADMINISTRATION OF PROGRAM.— 


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

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

3 the Attorney General shall jointly prescribe regula4 tions to carry out the program. 

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

6 after the date on which the Secretary and the Attor7 ney General jointly prescribe regulations under para8 graph (1), the Secretary shall fully implement the 

9 program. 

Æ 


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