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 Com-
mittee 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 juris-
diction 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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A BILL 
To amend the Controlled Substances Act to provide for take- 
back disposal of controlled substances in certain in-
stances, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ULTI-
MATE 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 ac-
cordance with regulations issued by the Attorney Gen-
eral 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 con-
sideration the ease and cost of program implementation and 
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participation by various communities. Such regulations 
may not require any entity to establish or operate a deliv-
ery or disposal program. 
‘‘(2) The Attorney General shall, by regulation, author-
ize long-term care facilities, as defined by the Attorney Gen-
eral by regulation, to deliver for disposal controlled sub-
stances 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 para-
graph (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 para-
graph (2) and inserting ‘‘; or’’; and 
(2) by adding at the end the following: 
‘‘(3) the delivery of such a substance for the pur-
pose of disposal by an ultimate user, long-term care 
facility, or other person acting in accordance with 
section 302(g).’’. 
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SEC. 3. PUBLIC EDUCATION CAMPAIGN. 
The Director of National Drug Control Policy, in con-
sultation with the Administrator of the Environmental Pro-
tection Agency, shall carry out a public education and out-
reach campaign to increase awareness of how ultimate users 
may lawfully and safely dispose of prescription drugs, in-
cluding controlled substances, through drug take-back pro-
grams and other appropriate means. 
SEC. 4. GAO REPORT. 
The Comptroller General of the United States shall— 
(1) collect data on the delivery, transfer, and dis-
posal 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 rec-
ommendations to the Congress regarding use, effective-
ness, 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 ‘‘Ad-
ministrator’’) shall— 
(1) in consultation with relevant State and local 
officials and other sources of relevant technical exper-
tise, conduct a study to— 
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(A) examine the environmental impacts re-
sulting 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 ap-
propriate recommendations on the destruction or 
ultimate disposal of prescription drugs, includ-
ing controlled substances; and 
(C) identify additional authority needed to 
carry out such recommendations if the Adminis-
trator determines that the Administrator’s exist-
ing legal authorities are insufficient to imple-
ment 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. 
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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 
for take-back disposal of controlled substances in 
certain instances, and for other purposes. 
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 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Mar 15 2010 
21:47 Sep 22, 2010
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