I 

111TH CONGRESS 

2D SESSION H. R. 5925 

To authorize the Attorney General to make grants to States, units of local 

government, Indian tribes, and other entities for prescription drug disposal units and for prescription drug abuse education. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2010 

Ms. SHEA-PORTER 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 

A BILL 

To authorize the Attorney General to make grants to States, 

units of local government, Indian tribes, and other entities for prescription drug disposal units and for prescription drug abuse education. 

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 Prescription Drug 

5 Disposal and Education Act’’. 


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1 SEC. 2. PRESCRIPTION DRUG DISPOSAL. 

2 (a) DELIVERY OF CONTROLLED SUBSTANCES BY UL3 TIMATE USERS FOR DISPOSAL.— 

4 (1) REGULATORY AUTHORITY.—Section 302 of 

5 the Controlled Substances Act (21 U.S.C. 822) is 

6 amended by adding at the end the following: 

7 ‘‘(g)(1) For the purpose of carrying out a grant pro8 gram established by the Attorney General under section 

9 2(b) of the Safe Prescription Drug Disposal and Edu10 cation Act— 

11 ‘‘(A) an ultimate user (or an individual author12 ized to act on behalf of the ultimate user) who has 

13 lawfully obtained a controlled substance in accord14 ance with this title may, without being registered, 

15 deliver the controlled substance to another person 

16 for the purpose of disposal of the controlled sub17 stance; and 

18 ‘‘(B) a person to whom such controlled sub19 stance is being delivered may, without being reg20 istered, receive such controlled substance for such 

21 purpose. 

22 The Attorney General shall issue regulations to carry out 

23 this subsection. Such regulations shall be consistent with 

24 the public health and safety and ensure the safe disposal 

25 of any controlled substances handled, delivered, received, 

26 or disposed under this subsection.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 308(b) of the Controlled Substances Act (21 U.S.C. 

3 828(b)) is amended— 

4 (A) by striking the period at the end of 

5 paragraph (2) and inserting ‘‘; or’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(3) the delivery or receipt of such a substance 

8 for the purpose of disposal by a person acting in ac9 cordance with section 302(g).’’. 

10 (b) PRESCRIPTION DRUG DISPOSAL UNITS.— 

11 (1) PROGRAM ESTABLISHED.—The Attorney 

12 General may make grants to eligible entities to es13 tablish and operate prescription drug disposal units 

14 for individuals to dispose of any prescription drug 

15 that such individuals no longer need or want, or that 

16 has expired at locations that the Attorney General 

17 determines are appropriate pursuant to State and 

18 local requirements related to waste or hazardous 

19 waste management and any regulations issued by 

20 the Food and Drug Administration. 

21 (2) ELIGIBILITY.—For purposes of this section, 

22 an eligible entity is a State, unit of local govern23 ment, nonprofit organization, local educational agen24 cy, Indian tribe, a Federal, State, and local governVerDate Mar 15 2010 22:22 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925

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1 mental agency, corporation, community coalition, or 

2 any combination thereof. 

3 (3) USE OF FUNDS.—An eligible entity receiv4 ing a grant under this section shall use the amounts 

5 received under such grant only for each of the fol6 lowing purposes: 

7 (A) To provide for the establishment, in8 stallation, replacement, maintenance, or oper9 ation of prescription drug disposal units meet10 ing the requirements of subsection (e). 

11 (B) To hire a reverse distributor (as such 

12 term is defined in section 1300.01 of title 21 of 

13 the Code of Federal Regulations as of the date 

14 of the enactment of this Act), an appropriate 

15 waste or hazardous waste management organi16 zation, or any other appropriate entity in the 

17 State or unit of local government, to collect 

18 items contained in the prescription drug dis19 posal units funded with amounts from the grant 

20 and dispose of such items. 

21 (4) APPLICATION.—To be eligible to receive a 

22 grant under this section, an eligible entity shall sub23 mit to the Attorney General an application at such 

24 time, in such manner, and containing such informa25 tion as the Attorney General may require. 


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1 (5) PRESCRIPTION DRUG DISPOSAL UNIT RE2 QUIREMENTS.—Each prescription drug unit funded 

3 with amounts from a grant under this section shall 

4 meet the following requirements: 

5 (A) The unit shall be secure against the 

6 risk of theft and access by unauthorized indi7 viduals. 

8 (B) The unit shall be placed in a location 

9 that is easily accessible to individuals seeking to 

10 dispose of prescription drugs. 

11 (C) The unit shall be clearly and conspicu12 ously marked with ‘‘Prescription Drug Drop13 Off Box’’. 

14 (6) CONDITION.—As a condition of receiving a 

15 grant under this section, an eligible entity receiving 

16 a grant shall agree to comply with any rules promul17 gated by the Attorney General regarding the safe 

18 and regular disposal of the prescription drugs con19 tained in each prescription drug disposal unit funded 

20 by amounts from such grant. 

21 (7) SELECTION OF GRANT RECIPIENTS.— 

22 (A) SELECTION CRITERIA.—The Attorney 

23 General shall issue regulations to establish se24 lection criteria for grants under this section. 


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1 (B) GEOGRAPHIC DISTRIBUTION OF

2 GRANTS.—The Attorney General shall ensure 

3 that, to the extent reasonable and practicable, 

4 an equitable geographic distribution of grant 

5 awards is made that considers the special needs 

6 of rural and urban communities. 

7 (8) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated $5,000,000 

9 for each of fiscal years 2011 through 2014 to carry 

10 out this section. 

11 SEC. 3. PRESCRIPTION DRUG ABUSE EDUCATION. 

12 (a) PUBLIC EDUCATION CAMPAIGN.—The Director 

13 of National Drug Control Policy, in consultation with the 

14 Administrator of the Environmental Protection Agency, 

15 shall carry out a public education and outreach campaign 

16 to increase awareness of how ultimate users may lawfully 

17 and safely dispose of prescription drugs, including con18 trolled substances, through drug take-back programs and 

19 other appropriate means. 

20 (b) EDUCATIONAL PROGRAM GRANTS.— 

21 (1) EDUCATIONAL PROGRAMS TO PREVENT

22 PRESCRIPTION DRUG ABUSE.—The Attorney General 

23 may make grants to eligible entities to design and 

24 implement educational programs on the abuse of the 

25 following items: 


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1 (A) Prescription drugs. 

2 (B) Household items that may be used to 

3 have an altering effect on perception, emotion, 

4 or behavior similar to that caused by the use of 

5 psychotropic drugs. 

6 (2) ELIGIBILITY.—For purposes of this section, 

7 an eligible entity is an entity described in section 

8 2(b) of this Act. 

9 (3) USE OF FUNDS.—An eligible entity receiv10 ing a grant under this section shall use the amounts 

11 received from such grant to develop and implement 

12 educational programs designed to educate students 

13 in the sixth through twelfth grades and parents and 

14 legal guardians of such students, on topics related to 

15 the abuse of prescription drugs, including the fol16 lowing: 

17 (A) The health risks and legal liability 

18 posed by the abuse of the items described in 

19 paragraphs (1) and (2) of subsection (a). 

20 (B) The dangers posed by stealing pre21 scription drugs from other individuals. 

22 (C) For a parent or legal guardian, indica23 tions that a student may be abusing the items 

24 described in paragraphs (1) and (2) of sub25 section (a). 


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1 (D) The behaviors that can lead to the 

2 abuse of such items. 

3 (E) Available methods for the safe disposal 

4 and collection of such items. 

5 (F) Resources available for an intervention 

6 in the case of a person who has been abusing 

7 such items. 

8 (4) APPLICATION.—To be eligible to be selected 

9 to receive a grant under this section, an eligible enti10 ty shall submit to the Attorney General an applica11 tion at such time, in such manner, and containing 

12 such information as the Attorney General may re13 quire. 

14 (5) SELECTION OF GRANT RECIPIENTS.— 

15 (A) IN GENERAL.—In selecting recipients 

16 for grants under this section, the Attorney Gen17 eral shall— 

18 (i) consult with the peer review com19 mittee established under paragraph (2); 

20 (ii) give priority to any eligible entity 

21 in connection with an application sub22 mitted under subsection (d) that dem23 onstrates community support for the appli24 cation; and 


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1 (iii) ensure that, to the extent reason2 able and practical, an equitable geographic 

3 distribution of grant awards is made that 

4 considers the special needs of rural and 

5 urban communities. 

6 (B) PEER REVIEW COMMITTEE.— 

7 (i) IN GENERAL.—The Attorney Gen8 eral shall establish a peer review committee 

9 to review applications for a grant under 

10 this section and to submit to the Attorney 

11 General recommendations on which appli12 cations should be approved for a grant, 

13 which shall consist of 7 members appointed 

14 by the Attorney General. 

15 (ii) COMPOSITION.—Such committee 

16 shall be composed of at least one of each 

17 of the following individuals: 

18 (I) A substance abuse counselor. 

19 (II) A psychological counselor. 

20 (III) A public health official. 

21 (IV) A physician. 

22 (V) A community anti-drug coali23 tion leader. 

24 (VI) An appopriate member of a 

25 State or local law enforcement agency. 


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1 (iii) BASIC PAY.—Members of the 

2 committee shall serve without pay. 

3 (iv) TERMS.—Each member of the 

4 committee shall serve for two years and 

5 may serve for as many successive terms as 

6 the member agrees to serve and as the At7 torney General may request. 

8 (v) VACANCIES.—If a vacancy occurs 

9 on such committee, the Attorney General 

10 shall appoint a new member in the same 

11 manner as the initial appointment was 

12 made under this subsection. 

13 (6) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated $5,000,000 

15 for each of fiscal years 2011 through 2014 to carry 

16 out this section. 

Æ 


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