IB 

Union Calendar No. 360 

111TH CONGRESS 

2D SESSION H. R. 5809 

[Report No. 111–618, Part I] 

To amend the Controlled Substances Act to provide for take-back disposal 

of controlled substances in certain instances, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2010 

Mr. INSLEE (for himself, Mr. SMITH of Texas, Mr. STUPAK, and Mr. MORAN

of Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

the Judiciary, 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 

SEPTEMBER 22, 2010 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 22, 2010 

Additional sponsors: Ms. ZOE LOFGREN of California, Mrs. CAPPS, Mr. 

CONNOLLY of Virginia, Mr. LARSEN of Washington, Mr. GENE GREEN

of Texas, Mr. BLUMENAUER, Mr. WOLF, Ms. BORDALLO, Mr. QUIGLEY, 

and Ms. SLAUGHTER

SEPTEMBER 22, 2010 

Committee on the Judiciary discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on July 21, 2010] 


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•HR 5809 RH

A BILL 

To amend the Controlled Substances Act to provide for takeback disposal of controlled substances in certain instances, and for other purposes. 


srobinson on DSKHWCL6B1PROD with BILLS
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•HR 5809 RH

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 ‘‘Safe Drug Disposal Act 

5 of 2010’’. 

6 SEC. 2. DELIVERY OF CONTROLLED SUBSTANCES BY ULTI7 MATE USERS FOR DISPOSAL. 

8 (a) REGULATORY AUTHORITY.—Section 302 of the 

9 Controlled Substances Act (21 U.S.C. 822) is amended by 

10 adding at the end the following: 

11 ‘‘(g)(1) An ultimate user who has lawfully obtained 

12 a controlled substance in accordance with this title may, 

13 without being registered, deliver the controlled substance to 

14 another person for the purpose of disposal of the controlled 

15 substance if— 

16 ‘‘(A) the person receiving the controlled substance 

17 is authorized under this title to receive and dispose of 

18 the controlled substance; and 

19 ‘‘(B) the delivery and disposal takes place in ac20 cordance with regulations issued by the Attorney Gen21 eral to prevent diversion of controlled substances. 

22 The regulations referred to in subparagraph (B) shall be 

23 consistent with the public health and safety. In developing 

24 such regulations, the Attorney General shall take into con25 sideration the ease and cost of program implementation and 


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•HR 5809 RH

1 participation by various communities. Such regulations 

2 may not require any entity to establish or operate a deliv3 ery or disposal program. 

4 ‘‘(2) The Attorney General shall, by regulation, author5 ize long-term care facilities, as defined by the Attorney Gen6 eral by regulation, to deliver for disposal controlled sub7 stances on behalf of ultimate users in a manner that the 

8 Attorney General determines will provide effective controls 

9 against diversion and be consistent with the public health 

10 and safety. 

11 ‘‘(3) If a person dies while lawfully in possession of 

12 a controlled substance for personal use, any person lawfully 

13 entitled to dispose of the decedent’s property may deliver 

14 the controlled substance to another person for the purpose 

15 of disposal under the same conditions as provided in para16 graph (1) for an ultimate user.’’. 

17 (b) CONFORMING AMENDMENT.—Section 308(b) of the 

18 Controlled Substances Act (21 U.S.C. 828(b)) is amended— 

19 (1) by striking the period at the end of para20 graph (2) and inserting ‘‘; or’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(3) the delivery of such a substance for the pur23 pose of disposal by an ultimate user, long-term care 

24 facility, or other person acting in accordance with 

25 section 302(g).’’. 


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1 SEC. 3. PUBLIC EDUCATION CAMPAIGN. 

2 The Director of National Drug Control Policy, in con3 sultation with the Administrator of the Environmental Pro4 tection Agency, shall carry out a public education and out5 reach campaign to increase awareness of how ultimate users 

6 may lawfully and safely dispose of prescription drugs, in7 cluding controlled substances, through drug take-back pro8 grams and other appropriate means. 

9 SEC. 4. GAO REPORT. 

10 The Comptroller General of the United States shall— 

11 (1) collect data on the delivery, transfer, and dis12 posal of controlled substances under section 302(g) of 

13 the Controlled Substances Act, as added by section 2; 

14 and 

15 (2) not later than 4 years after the date of the 

16 enactment of this Act, submit findings and rec17 ommendations to the Congress regarding use, effective18 ness, and accessibility of disposal programs. 

19 SEC. 5. EPA STUDY OF ENVIRONMENTAL IMPACTS. 

20 (a) STUDY.—The Administrator of the Environmental 

21 Protection Agency (in this section referred to as the ‘‘Ad22 ministrator’’) shall— 

23 (1) in consultation with relevant State and local 

24 officials and other sources of relevant technical exper25 tise, conduct a study to— 


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•HR 5809 RH

1 (A) examine the environmental impacts re2 sulting from the ultimate disposal of controlled 

3 substances through existing methods; 

4 (B) taking into consideration such impacts, 

5 and the ease and cost of implementation of drug 

6 take-back programs and participation in such 

7 programs by various communities, formulate ap8 propriate recommendations on the destruction or 

9 ultimate disposal of prescription drugs, includ10 ing controlled substances; and 

11 (C) identify additional authority needed to 

12 carry out such recommendations if the Adminis13 trator determines that the Administrator’s exist14 ing legal authorities are insufficient to imple15 ment such recommendations; and 

16 (2) not later than 18 months after the date of the 

17 enactment of this Act, submit a report to the Congress 

18 on the results of such study. 

19 (b) RULE OF CONSTRUCTION.—Nothing in this section 

20 shall be construed to affect the Administrator’s authority 

21 under other provisions of law. 


srobinson on DSKHWCL6B1PROD with BILLS

srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 360 

111TH CONGRESS 

2D SESSION H. R. 5809 

[Report No. 111–618, Part I] 

A BILL 

To amend the Controlled Substances Act to provide 

certain instances, and for other purposes. for take-back disposal of controlled substances in 

SEPTEMBER 22, 2010 

Reported from the Committee on Energy and Commerce 

with an amendment 

SEPTEMBER 22, 2010 

Committee on the Judiciary discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


srobinson on DSKHWCL6B1PROD with BILLS