[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[House]
[Pages H7316-H7318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SECURE AND RESPONSIBLE DRUG DISPOSAL ACT OF 2010

  Mr. INSLEE. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3397) to amend the Controlled Substances Act to provide 
for take-back disposal of controlled substances in certain instances, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the amendment is as follows:

       Amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secure and Responsible Drug 
     Disposal Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The nonmedical use of prescription drugs is a growing 
     problem in the United States, particularly among teenagers.
       (2) According to the Department of Justice's 2009 National 
     Prescription Drug Threat Assessment--
       (A) the number of deaths and treatment admissions for 
     controlled prescription drugs (CPDs) has increased 
     significantly in recent years;
       (B) unintentional overdose deaths involving prescription 
     opioids, for example, increased 114 percent from 2001 to 
     2005, and the number of treatment admissions for prescription 
     opioids increased 74 percent from 2002 to 2006; and
       (C) violent crime and property crime associated with abuse 
     and diversion of CPDs has increased in all regions of the 
     United States over the past 5 years.
       (3) According to the Office of National Drug Control 
     Policy's 2008 Report ``Prescription for Danger'', 
     prescription drug abuse is especially on the rise for teens--
       (A) one-third of all new abusers of prescription drugs in 
     2006 were 12- to 17-year-olds;
       (B) teens abuse prescription drugs more than any illicit 
     drug except marijuana--more than cocaine, heroin, and 
     methamphetamine combined; and
       (C) responsible adults are in a unique position to reduce 
     teen access to prescription drugs because the drugs often are 
     found in the home.
       (4)(A) Many State and local law enforcement agencies have 
     established drug disposal programs (often called ``take-
     back'' programs) to facilitate the collection and destruction 
     of unused, unwanted, or expired medications. These programs 
     help get outdated or unused medications off household shelves 
     and out of the reach of children and teenagers.
       (B) However, take-back programs often cannot dispose of the 
     most dangerous pharmaceutical drugs--controlled substance 
     medications--because Federal law does not permit take-back 
     programs to accept controlled substances unless they get 
     specific permission from the Drug Enforcement Administration 
     and arrange for full-time law enforcement officers to receive 
     the controlled substances directly from the member of the 
     public who seeks to dispose of them.
       (C) Individuals seeking to reduce the amount of unwanted 
     controlled substances in their household consequently have 
     few disposal options beyond discarding or flushing the 
     substances, which may not be appropriate means of disposing 
     of the substances. Drug take-back programs are also a 
     convenient and effective means for individuals in various 
     communities to reduce the introduction of some potentially 
     harmful substances into the environment, particularly into 
     water.
       (D) Long-term care facilities face a distinct set of 
     obstacles to the safe disposal of controlled substances due 
     to the increased volume of controlled substances they handle.
       (5) This Act gives the Attorney General authority to 
     promulgate new regulations, within the framework of the 
     Controlled Substances Act, that will allow patients to 
     deliver unused pharmaceutical controlled substances to 
     appropriate entities for disposal in a safe and effective 
     manner consistent with effective controls against diversion.
       (6) The goal of this Act is to encourage the Attorney 
     General to set controlled substance diversion prevention 
     parameters that will allow public and private entities to 
     develop a variety of methods of collection and disposal of 
     controlled substances, including some pharmaceuticals, in a 
     secure, convenient, and responsible manner. This will also 
     serve to reduce instances of diversion and introduction of 
     some potentially harmful substances into the environment.

     SEC. 3. 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 engage in such activity; and
       ``(B) the disposal takes place in accordance with 
     regulations issued by the Attorney General to prevent 
     diversion of controlled substances.
       ``(2) In developing regulations under this subsection, the 
     Attorney General shall take into consideration the public 
     health and safety, as well as 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.
       ``(3) The Attorney General may, by regulation, authorize 
     long-term care facilities, as defined by the Attorney General 
     by regulation, to dispose of controlled substances on behalf 
     of ultimate users who reside, or have resided, at such long-
     term care facilities in a manner that the Attorney General 
     determines will provide effective controls against diversion 
     and be consistent with the public health and safety.
       ``(4) 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).''.

     SEC. 4. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

       Pursuant to its authority under section 994 of title 28, 
     United States Code, the United States Sentencing Commission 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines and policy statements to ensure that 
     the guidelines and policy statements provide an appropriate 
     penalty increase of up to 2 offense levels above the sentence 
     otherwise applicable in Part D of the Guidelines Manual if a 
     person is convicted of a drug offense resulting from the 
     authorization of that person to receive scheduled substances 
     from an ultimate user or long-term care facility as set forth 
     in the amendments made by section 3.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Inslee) and the gentleman from Pennsylvania (Mr. Pitts) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. INSLEE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. INSLEE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in strong support of S. 3397, as amended, 
the Secure and Responsible Drug Disposal Act of 2010. This bill is our 
effort to respond to the very rapidly rising rate of prescription drug 
abuse in our country where 2,500 teens a day are using prescription 
drugs illegally for the first time. And this bill will help, we think, 
significantly in helping remove prescription drugs from the illicit 
drug pipeline by giving citizens an ability to get rid of their drugs, 
their prescription drugs, in a legal fashion so that communities can 
fashion a way to create drug take-back programs so citizens can get rid 
of their unnecessary and no longer useful prescription drugs.
  The House has previously passed a version. We have made some 
improvements to the bill after it went through the Senate. I just want 
to note some of those improvements.
  Today, when people do not have ready access to drug disposal 
programs, they often flush them down, and drugs ultimately end up in 
the waterways. In order to ensure that the drug take-back programs that 
we fashion under this bill are environmentally sound, it's important 
that the Attorney General consider the environmental impacts of take-
back programs and work with the Environmental Protection Agency and 
communities on appropriate ways to dispose of the collected

[[Page H7317]]

substance in an environmentally sound manner. We also have provided 
ways to make sure communities are engaged in designing these programs 
so that they meet the individual needs of specific communities.
  I want to thank all the people who have worked on this bipartisan 
legislation, particularly Representative Stupak who is ending his 
congressional career having done some great work in this regard.
  With that, I yield as much time as he may consume to the gentleman 
from Michigan (Mr. Stupak).
  Mr. STUPAK. I thank the gentleman for yielding, and I rise in support 
of S. 3397.
  Millions of Americans are prescribed narcotics for postoperative 
pain, bone fractures, and other ailments each year. However, most 
patients do not consume all the prescriptions they are prescribed. 
These drugs remain in drug cabinets for years, easily accessible to 
teens wishing to experiment with drugs.
  But failure to dispose of prescription medications properly causes 
several problems. First, there's the potential for a child to ingest 
the drugs accidently. Second, we know that teen prescription drug abuse 
is on the rise. Unused prescriptions in a house are easily accessible 
to teens wishing to experiment with drugs. Third, there's a potential 
for narcotics to be abused by the patient or sold to someone else to 
abuse.

                              {time}  2010

  The Controlled Substance Act regulates prescription narcotics through 
a registration system. Currently there are roughly 1.3 million DEA 
registrants who are legally allowed to handle or distribute narcotics 
from the manufacturer to the distributor to the pharmacist to the 
doctor. However, the Controlled Substance Act currently exempts 
patients from this registration requirement. This legislation allows 
individuals to dispose of unused prescription controlled substances to 
a recipient authorized by the DEA, Drug Enforcement Administration.
  The bill also authorizes the Attorney General to promulgate 
regulations for the lawful disposal of prescription controlled 
substances by a long-term care facility. S. 3397 also clarifies that 
the DEA regulations set forth in this legislation may not require any 
entity to establish a drug take-back program. It's a voluntary program.
  I want to thank my friend and colleague Jay Inslee for all of his 
hard work on this legislation and his staff over the past years, Lamar 
Smith on the minority side, who worked closely with us, and colleagues 
on both sides of the aisle and their staff for their hard work and 
commitment to empower patients to prevent prescription drug abuse, 
especially amongst young people.
  I urge my colleagues to vote in support of this legislation.
  Mr. PITTS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the Secure and Responsible Drug Disposal Act will 
improve drug take-back programs where pharmacies and others accept 
unused prescription drugs and dispose of them safely. Prescription 
drugs provide valuable therapeutic benefits to tens of millions of 
Americans, from treating disease to improving people's quality of life. 
However, a segment of our society does not use these medications for 
therapy but, rather, abuses them for some sort of dangerous high. Many 
teenagers get their hands on these medications by stealing unused 
medications from the family's medicine cabinet.
  While some pharmacies, States, and localities have established 
prescription drug take-back programs, these programs may not take back 
controlled substances due a technical reading of the Controlled 
Substances Act. By passing this legislation, these programs could help 
further reduce the likelihood of prescription drugs being diverted to 
those to whom they were not prescribed.
  It is important to note that this bill does not require any entity to 
establish a drug take-back program. But if a drug take-back program 
currently operates, it only makes sense to allow that facility to take 
back controlled drugs like oxycontin as well as noncontrolled 
prescription drugs.
  I urge my colleagues to support this bill.
  I reserve the balance of my time.
  Mr. INSLEE. I reserve the balance of my time.
  Mr. PITTS. I yield such time as he may consume to the gentleman from 
Indiana (Mr. Buyer).
  Mr. BUYER. I thank the gentleman for yielding, and I want to 
compliment the authors of the legislation in your work on this.
  But I would like to point out something before we get too excited 
about whether we are doing a good thing today. Number one, we are--but 
what are we leaving on the table? If we are trying to address the issue 
with regard to prescription drugs and making sure that that drug gets 
in the hands of the right person and that the drug is safe, there is a 
bigger issue out there. It is called the drug safety issue and whether 
America's closed system is truly closed. And what we are leaving on the 
table is an issue which this Congress has not addressed, and it's John 
Dingell's drug safety bill. And not only is it that, its electronic 
pedigree, red paper pedigree with regard to drug safety, but the 
biggest one of all, I would say to the Colombian drug cartel, is that 
you're in the wrong drug business. We have got all the laws imaginable 
to whack you pretty hard for your cocaine and your marijuana. But the 
great threat that is occurring right now to America are drugs coming 
into the country that we know are not safe.
  Now, let's do a quick little math because I am leaving Congress, and 
this is an issue that those of you who are still here, we, as a Nation, 
you, as legislators, must address this. We have 11 international mail 
facilities, 11 of them. Our ports of entry. You add UPS at Louisville 
and FedEx at Memphis, 13. Every day we have on average of 35,000 
pharmaceutical packages coming into the international mail facilities. 
They are coming in because people are getting them on the Internet, and 
they are going to some drugsave.com out of Canada or whomever. They 
think it is safe, and they think that that drug is just like what I can 
get down at my local drugstore, and they order it. And it's coming 
through illicit, bad operators who are preying on America's sick and 
elderly.
  Every time FDA goes out there and checks, we are finding that, on 
average, 80 percent of those drugs are either adulterated, knock-off, 
or they are counterfeit. Now let's do the math: 13 international mail 
facilities times 35,000 average per day, that gives you 455,000 of 
these pharmaceutical packages per day, times 365. Now we are in excess 
of 160 million pharmaceutical packages. We are talking boxes of drugs, 
not just little ones. We are talking boxes of drugs. And if 80 percent 
of that number are counterfeit, knock-off, adulterated drugs, we are in 
excess of 132 million.
  Now, of a smaller percentage that the FDA actually finds and 
discovers, we have a return-to-sender policy. That's why I wanted to 
address this. Can you believe that? FDA has a return-to-sender policy. 
So here we are--I compliment you. We are going to say, Okay, if these 
drugs aren't good, we want to make sure they don't get into the hands 
of the people that the doctor doesn't want them to. So we are going to 
say, Let's destroy them. But as a Nation, our FDA has a return-to-
sender policy. So when they discover in an international mail facility 
that the package is adulterated, knock-off, or counterfeit drugs, they 
don't destroy them. They do not destroy them. They then take that 
package and send it back to the bad actor. The bad actor must think, 
America, what a great place. What a great place. I will steal people's 
money; I will prey on the sick and the elderly; and the American 
Government will actually send my counterfeit drugs back to me so I can 
do it again.
  So I just want to make this point. Your legislation is absolutely 
wonderful. But I want to point out, there is a really large problem out 
there. So before we get too excited that we are doing something really 
good--and we are but on a much smaller level. Because if we are going 
to allow millions of people to gain access to these types of drugs, we 
know that these drugs do not metastasize in the body in the way in 
which the doctors are intending them to do. And people actually think 
that the drugs they are taking are exactly what they can get down at 
CVS

[[Page H7318]]

or Walgreens or whatever, and it's not happening.
  So my only point I appeal to all of you is, number one, 
congratulations; number two, we have a really large issue that we need 
to address in the next Congress. We really do. And let's get our arms 
around this. I want to congratulate John Dingell on his drug safety 
bill. And it's a shame that we actually weren't able to get this done 
in the committee. Again, my compliments to you. But this is a big issue 
as a Nation we must address and protect America.
  Mr. INSLEE. I just want to thank Senators Klobuchar and Cornyn for 
their work on this and say this is a good bipartisan effort. We are not 
done on this, as Mr. Buyer pointed out, but this is a good start. I 
urge passage.
  Mr. INSLEE. I yield back the balance of my time.
  Mr. PITTS. I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Jackson of Illinois). The question is on 
the motion offered by the gentleman from Washington (Mr. Inslee) that 
the House suspend the rules and pass the bill, S. 3397, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.