[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.
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