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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5809 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5809

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2010

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
    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.

            Passed the House of Representatives September 22, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```