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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5925 Introduced in House (IH)]

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.

    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 Prescription Drug Disposal and 
Education Act''.

SEC. 2. PRESCRIPTION DRUG DISPOSAL.

    (a) Delivery of Controlled Substances by Ultimate Users for 
Disposal.--
            (1) 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) For the purpose of carrying out a grant program 
established by the Attorney General under section 2(b) of the Safe 
Prescription Drug Disposal and Education Act--
            ``(A) an ultimate user (or an individual authorized to act 
        on behalf of the 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; 
        and
            ``(B) a person to whom such controlled substance is being 
        delivered may, without being registered, receive such 
        controlled substance for such purpose.
The Attorney General shall issue regulations to carry out this 
subsection. Such regulations shall be consistent with the public health 
and safety and ensure the safe disposal of any controlled substances 
handled, delivered, received, or disposed under this subsection.''.
            (2) Conforming amendment.--Section 308(b) of the Controlled 
        Substances Act (21 U.S.C. 828(b)) is amended--
                    (A) by striking the period at the end of paragraph 
                (2) and inserting ``; or''; and
                    (B) by adding at the end the following:
            ``(3) the delivery or receipt of such a substance for the 
        purpose of disposal by a person acting in accordance with 
        section 302(g).''.
    (b) Prescription Drug Disposal Units.--
            (1) Program established.--The Attorney General may make 
        grants to eligible entities to establish and operate 
        prescription drug disposal units for individuals to dispose of 
        any prescription drug that such individuals no longer need or 
        want, or that has expired at locations that the Attorney 
        General determines are appropriate pursuant to State and local 
        requirements related to waste or hazardous waste management and 
        any regulations issued by the Food and Drug Administration.
            (2) Eligibility.--For purposes of this section, an eligible 
        entity is a State, unit of local government, nonprofit 
        organization, local educational agency, Indian tribe, a 
        Federal, State, and local governmental agency, corporation, 
        community coalition, or any combination thereof.
            (3) Use of funds.--An eligible entity receiving a grant 
        under this section shall use the amounts received under such 
        grant only for each of the following purposes:
                    (A) To provide for the establishment, installation, 
                replacement, maintenance, or operation of prescription 
                drug disposal units meeting the requirements of 
                subsection (e).
                    (B) To hire a reverse distributor (as such term is 
                defined in section 1300.01 of title 21 of the Code of 
                Federal Regulations as of the date of the enactment of 
                this Act), an appropriate waste or hazardous waste 
                management organization, or any other appropriate 
                entity in the State or unit of local government, to 
                collect items contained in the prescription drug 
                disposal units funded with amounts from the grant and 
                dispose of such items.
            (4) Application.--To be eligible to receive a grant under 
        this section, an eligible entity shall submit to the Attorney 
        General an application at such time, in such manner, and 
        containing such information as the Attorney General may 
        require.
            (5) Prescription drug disposal unit requirements.--Each 
        prescription drug unit funded with amounts from a grant under 
        this section shall meet the following requirements:
                    (A) The unit shall be secure against the risk of 
                theft and access by unauthorized individuals.
                    (B) The unit shall be placed in a location that is 
                easily accessible to individuals seeking to dispose of 
                prescription drugs.
                    (C) The unit shall be clearly and conspicuously 
                marked with ``Prescription Drug Drop-Off Box''.
            (6) Condition.--As a condition of receiving a grant under 
        this section, an eligible entity receiving a grant shall agree 
        to comply with any rules promulgated by the Attorney General 
        regarding the safe and regular disposal of the prescription 
        drugs contained in each prescription drug disposal unit funded 
        by amounts from such grant.
            (7) Selection of grant recipients.--
                    (A) Selection criteria.--The Attorney General shall 
                issue regulations to establish selection criteria for 
                grants under this section.
                    (B) Geographic distribution of grants.--The 
                Attorney General shall ensure that, to the extent 
                reasonable and practicable, an equitable geographic 
                distribution of grant awards is made that considers the 
                special needs of rural and urban communities.
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated $5,000,000 for each of fiscal years 2011 
        through 2014 to carry out this section.

SEC. 3. PRESCRIPTION DRUG ABUSE EDUCATION.

    (a) 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.
    (b) Educational Program Grants.--
            (1) Educational programs to prevent prescription drug 
        abuse.--The Attorney General may make grants to eligible 
        entities to design and implement educational programs on the 
        abuse of the following items:
                    (A) Prescription drugs.
                    (B) Household items that may be used to have an 
                altering effect on perception, emotion, or behavior 
                similar to that caused by the use of psychotropic 
                drugs.
            (2) Eligibility.--For purposes of this section, an eligible 
        entity is an entity described in section 2(b) of this Act.
            (3) Use of funds.--An eligible entity receiving a grant 
        under this section shall use the amounts received from such 
        grant to develop and implement educational programs designed to 
        educate students in the sixth through twelfth grades and 
        parents and legal guardians of such students, on topics related 
        to the abuse of prescription drugs, including the following:
                    (A) The health risks and legal liability posed by 
                the abuse of the items described in paragraphs (1) and 
                (2) of subsection (a).
                    (B) The dangers posed by stealing prescription 
                drugs from other individuals.
                    (C) For a parent or legal guardian, indications 
                that a student may be abusing the items described in 
                paragraphs (1) and (2) of subsection (a).
                    (D) The behaviors that can lead to the abuse of 
                such items.
                    (E) Available methods for the safe disposal and 
                collection of such items.
                    (F) Resources available for an intervention in the 
                case of a person who has been abusing such items.
            (4) Application.--To be eligible to be selected to receive 
        a grant under this section, an eligible entity shall submit to 
        the Attorney General an application at such time, in such 
        manner, and containing such information as the Attorney General 
        may require.
            (5) Selection of grant recipients.--
                    (A) In general.--In selecting recipients for grants 
                under this section, the Attorney General shall--
                            (i) consult with the peer review committee 
                        established under paragraph (2);
                            (ii) give priority to any eligible entity 
                        in connection with an application submitted 
                        under subsection (d) that demonstrates 
                        community support for the application; and
                            (iii) ensure that, to the extent reasonable 
                        and practical, an equitable geographic 
                        distribution of grant awards is made that 
                        considers the special needs of rural and urban 
                        communities.
                    (B) Peer review committee.--
                            (i) In general.--The Attorney General shall 
                        establish a peer review committee to review 
                        applications for a grant under this section and 
                        to submit to the Attorney General 
                        recommendations on which applications should be 
                        approved for a grant, which shall consist of 7 
                        members appointed by the Attorney General.
                            (ii) Composition.--Such committee shall be 
                        composed of at least one of each of the 
                        following individuals:
                                    (I) A substance abuse counselor.
                                    (II) A psychological counselor.
                                    (III) A public health official.
                                    (IV) A physician.
                                    (V) A community anti-drug coalition 
                                leader.
                                    (VI) An appopriate member of a 
                                State or local law enforcement agency.
                            (iii) Basic pay.--Members of the committee 
                        shall serve without pay.
                            (iv) Terms.--Each member of the committee 
                        shall serve for two years and may serve for as 
                        many successive terms as the member agrees to 
                        serve and as the Attorney General may request.
                            (v) Vacancies.--If a vacancy occurs on such 
                        committee, the Attorney General shall appoint a 
                        new member in the same manner as the initial 
                        appointment was made under this subsection.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated $5,000,000 for each of fiscal years 2011 
        through 2014 to carry out this section.
                                 <all>
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