Safe Disposal of Opioids Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3171 To amend the Comprehensive Addiction and Recovery Act of 2016 to author- ize the Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, to award grants to covered entities to establish or maintain disposal sites for unwanted prescription medications, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES JUNE 10, 2019 Ms. BONAMICI (for herself, Ms. KUSTER of New Hampshire, Ms. WILD, Ms. JOHNSON of Texas, and Mrs. DINGELL) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Comprehensive Addiction and Recovery Act of 2016 to authorize the Attorney General, in coordina- tion with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, to award grants to covered entities to establish or maintain disposal sites for unwanted pre- scription medications, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:03 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3171.IH H3171 kjohnson on DSK79L0C42 with BILLS 2 •HR 3171 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Safe Disposal of 2 Opioids Act of 2019’’. 3 SEC. 2. GRANTS FOR DISPOSAL SITES FOR UNWANTED PRE- 4 SCRIPTION MEDICATIONS. 5 Section 203 of the Comprehensive Addiction and Re- 6 covery Act of 2016 (21 U.S.C. 822a) is amended by add- 7 ing at the end the following: 8 ‘‘(c) GRANTS FOR DISPOSAL SITES FOR UNWANTED 9 PRESCRIPTION MEDICATIONS.— 10 ‘‘(1) GRANTS.— 11 ‘‘(A) AWARDS.—In carrying out subsection 12 (b), the Attorney General shall award grants to 13 covered entities to establish or maintain dis- 14 posal sites for unwanted prescription medica- 15 tions. 16 ‘‘(B) LIMITATION.—Of the total amount of 17 awards under subparagraph (A) for a fiscal 18 year, the Attorney General shall not award 19 more than 10 percent to covered entities that 20 are— 21 ‘‘(i) State, local, or tribal law enforce- 22 ment agencies; or 23 ‘‘(ii) manufacturers, distributors, or 24 reverse distributors of prescription medica- 25 tions. 26 VerDate Sep 11 2014 01:03 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3171.IH H3171 kjohnson on DSK79L0C42 with BILLS 3 •HR 3171 IH ‘‘(2) DISCOUNTS FOR ELIGIBLE PATIENTS.— 1 ‘‘(A) IN GENERAL.—The Secretary of 2 Health and Human Services shall establish a 3 mechanism by which amounts paid by an eligi- 4 ble patient for an active opioid are discounted 5 at time of payment or purchase to ensure that 6 such patient does not pay any amount attrib- 7 utable to a fee under paragraph (3), with as lit- 8 tle burden on the patient as possible. 9 ‘‘(B) DEFINITION.—For purposes of sub- 10 paragraph (A), the term ‘eligible patient’ 11 means— 12 ‘‘(i) a patient for whom any active 13 opioid (as so defined) is prescribed to treat 14 pain relating to cancer or cancer treat- 15 ment; 16 ‘‘(ii) a patient participating in hospice 17 care; and 18 ‘‘(iii) in the case of the death or inca- 19 pacity of a patient described in subpara- 20 graph (A) or (B) or any similar situation 21 as determined by the Secretary of Health 22 and Human Services, the appropriate fam- 23 ily member, medical proxy, or similar rep- 24 resentative or the estate of such patient. 25 VerDate Sep 11 2014 01:03 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3171.IH H3171 kjohnson on DSK79L0C42 with BILLS 4 •HR 3171 IH ‘‘(3) FEES.— 1 ‘‘(A) IN GENERAL.—There is hereby im- 2 posed on the sale of any active opioid by the 3 manufacturer, producer, or importer a fee equal 4 to 1 cent per 100 milligrams so sold. 5 ‘‘(B) SPECIAL RULES.— 6 ‘‘(i) DEFINITION.—In this paragraph, 7 the term ‘active opioid’— 8 ‘‘(I) means any controlled sub- 9 stance (as defined in section 102 of 10 the Controlled Substances Act, as in 11 effect on the date of the Safe Disposal 12 of Opioids Act of 2019) which is 13 opium, an opiate, or any derivative 14 thereof; and 15 ‘‘(II) excludes any prescribed 16 drug which is used exclusively for the 17 treatment of opioid addiction as part 18 of a medically assisted treatment ef- 19 fort. 20 ‘‘(ii) EXCLUSION OF OTHER INGREDI- 21 ENTS.—In the case of a product that in- 22 cludes an active opioid and another ingre- 23 dient, subparagraph (A) shall apply only to 24 VerDate Sep 11 2014 01:03 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3171.IH H3171 kjohnson on DSK79L0C42 with BILLS 5 •HR 3171 IH the portion of such product that is an ac- 1 tive opioid. 2 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 3 For fiscal year 2020 and each subsequent fiscal 4 year, there is authorized to be appropriated to carry 5 out this subsection an amount not to exceed the ag- 6 gregate amount of the fees collected pursuant to 7 paragraph (3).’’. 8 Æ VerDate Sep 11 2014 01:03 Jun 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3171.IH H3171 kjohnson on DSK79L0C42 with BILLS