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H.R. 5809 (111th): Diesel Emissions Reduction Act of 2010

The text of the bill below is as of Sep 22, 2010 (Passed the House).


I

111th CONGRESS

2d Session

H. R. 5809

IN THE HOUSE OF REPRESENTATIVES

AN ACT

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

1.

Short title

This Act may be cited as the Safe Drug Disposal Act of 2010.

2.

Delivery of controlled substances by ultimate 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 accordance with regulations issued by the Attorney General 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 consideration the ease and cost of program implementation and participation by various communities. Such regulations may not require any entity to establish or operate a delivery or disposal program.
(2)

The Attorney General shall, by regulation, authorize long-term care facilities, as defined by the Attorney General by regulation, to deliver for disposal controlled substances 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 paragraph (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 paragraph (2) and inserting ; or; and

(2)

by adding at the end the following:

(3)

the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with section 302(g).

.

3.

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.

4.

GAO report

The Comptroller General of the United States shall—

(1)

collect data on the delivery, transfer, and disposal 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 recommendations to the Congress regarding use, effectiveness, and accessibility of disposal programs.

5.

EPA study of environmental impacts

(a)

Study

The Administrator of the Environmental Protection Agency (in this section referred to as the Administrator) shall—

(1)

in consultation with relevant State and local officials and other sources of relevant technical expertise, conduct a study to—

(A)

examine the environmental impacts resulting 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 appropriate recommendations on the destruction or ultimate disposal of prescription drugs, including controlled substances; and

(C)

identify additional authority needed to carry out such recommendations if the Administrator determines that the Administrator’s existing legal authorities are insufficient to implement 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.

Passed the House of Representatives September 22, 2010.

Lorraine C. Miller,

Clerk.