text: 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 These programs help get outdated 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.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Secure and Responsible Drug Disposal Act of 2010 - Amends the Controlled Substances Act to allow an ultimate user of a controlled substance (or, if deceased, any person lawfully entitled to dispose of the ultimate user's property) who has lawfully obtained such substance to deliver that substance to another person, without being registered, for disposal if: (1) the person receiving the controlled substance is authorized to engage in such activity; and (2) the disposal takes place in accordance with regulations issued by the Attorney General to prevent diversion of controlled substances.
  
  Requires the Attorney General, in developing regulations under this Act, to consider the public health and safety, as well as the ease and cost of program implementation and participation by various communities.
  
  Permits the Attorney General to authorize long-term care facilities to dispose of controlled substances on behalf of ultimate users who reside, or have resided, at such facilities in a manner that will provide effective controls against diversion and that is consistent with public health and safety.
  
  Directs the United States Sentencing Commission to review and, if appropriate, amend its guidelines and policy statements to ensure an appropriate penalty increase for persons convicted of a drug offense involving receipt of a controlled substance for disposal.
feat_title: A bill to amend the Controlled Substances Act to provide for take-back disposal of controlled substances in certain instances, and for other purposes.