[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2699 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2699

                     To combat the fentanyl crisis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

  Mr. Scott of Florida introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
                     To combat the fentanyl crisis.

    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 ``Overdose Response Action Data for 
Actionable Reforms Act'' or the ``Opioid RADAR Act''.

SEC. 2. ACCURATE DATA ON OPIOID-RELATED OVERDOSES.

    The Secretary of Health and Human Services may award grants to 
States, territories, and localities to support improved data and 
surveillance on opioid-related overdoses, including for activities to 
improve postmortem toxicology testing, data linkage across data systems 
throughout the United States, electronic death reporting, or the 
comprehensiveness of data on fatal and nonfatal opioid-related 
overdoses.

SEC. 3. OFFICE OF NATIONAL DRUG CONTROL POLICY REFORM.

    (a) Senses of Congress.--It is the sense of Congress that--
            (1) the Director of the Office of National Drug Control 
        Policy shall be a Cabinet-level position; and
            (2) nothing in this section shall affect the reporting 
        structure of agencies with drug enforcement responsibilities.
    (b) Requirements.--The Office of National Drug Control Policy 
shall--
            (1) document strategies for ensuring prevention of 
        duplicating services and grant funding within National Drug 
        Control Program agencies;
            (2) collaborate with the National Center for Health 
        Statistics and the National Forensic Laboratory Information 
        System, including by working with the Department of Justice to 
        create national standards for the submission of data to ensure 
        uniformity across the United States, including data from cases 
        in which the defendant pleads guilty; and
            (3) issue guidance that States and localities should record 
        overdose deaths as homicides if there is sufficient evidence 
        that the overdose was not self-induced and intentional.
    (c) Interagency Coordinating Council.--The Office of National Drug 
Control Policy, the Department of Justice, the Department of Health and 
Human Services, and other National Drug Control Program agencies shall 
coordinate to limit duplication and ensure uniform reporting standards 
and improve relationships between the agencies.
    (d) Congressional Review Act.--If the Office of National Drug 
Control Policy does not certify that a final rule made by a National 
Drug Control Program participant is consistent with the National Drug 
Control Policy, the rule shall be deemed to be submitted under section 
801(a)(1) of title 5, United States Code.
    (e) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) of 
the Office of National Drug Control Policy Reauthorization Act of 1998 
(21 U.S.C. 1703(c)(4)(A)) is amended by striking ``deemed approved'' 
and inserting ``deemed denied''.

SEC. 4. STATE OPIOID RESPONSE GRANTS.

    The Assistant Secretary for Mental Health and Substance Use shall, 
to the extent practicable--
            (1) include in the annual report to Congress on the State 
        Opioid Response Grants, authorized under the Consolidated 
        Appropriations Act, 2022 (Public Law 117-103), an assessment of 
        challenges of recipients of such grants, accounting for 
        variations in implementation; and
            (2) provide to recipients of such grants best practices on 
        how to address opioid-related overdoses.

SEC. 5. WASTEWATER PILOT PROGRAM.

    The Director of the Centers for Disease Control and Prevention, in 
collaboration with the Attorney General or their designee, shall carry 
out a pilot program to award grants on a competitive basis to municipal 
wastewater treatment facilities in order to conduct wastewater analysis 
to determine the prevalence of certain illicit substances, such as 
fentanyl or xylazine, as determined by the Director, in collaboration 
with the Attorney General, in the communities served by such 
facilities.

SEC. 6. GRANTS FOR REDUCING OPIOID OVERDOSE DEATHS.

    (a) Use of Funds.--Section 544(c) of the Public Health Service Act 
(42 U.S.C. 290dd-3(c)) is amended--
            (1) in paragraph (1), by inserting ``or administering'' 
        after ``prescribing''; and
            (2) in paragraph (2), by inserting ``or on the 
        administration of'' after ``prescribing of''.
    (b) Authorization of Appropriations.--Section 544(g) of the Public 
Health Service Act (42 U.S.C. 290dd-3(g)) is amended by striking ``to 
carry out this section'' and inserting ``to carry out this section and 
section 544A''.

SEC. 7. GRANTS FOR REDUCING OPIOID OVERDOSE DEATHS IN ELEMENTARY AND 
              SECONDARY SCHOOLS.

    Title V of the Public Health Service Act is amended by inserting 
after section 544 of such Act (42 U.S.C. 290dd-3) the following:

``SEC. 544A. REDUCING OPIOID OVERDOSE DEATHS IN ELEMENTARY AND 
              SECONDARY SCHOOLS.

    ``(a) In General.--The Secretary may award grants to eligible 
entities to provide for the administration, at public and private 
elementary and secondary schools under the jurisdiction of the eligible 
entity, of drugs and devices for emergency treatment of known or 
suspected opioid overdose.
    ``(b) Applications.--To seek a grant under this section, an 
eligible entity shall submit to the Secretary an application at such 
time, in such manner, and containing--
            ``(1) the information required under section 544(b);
            ``(2) the certifications specified in subsection (c); and
            ``(3) such other information as the Secretary shall 
        require.
    ``(c) Certifications.--The certifications specified in this 
subsection, with respect to each elementary school and secondary school 
under the jurisdiction of the eligible entity, are the following:
            ``(1) The school has in place a program under which the 
        school will permit trained personnel of the school to 
        administer drugs or devices for purposes of providing emergency 
        treatment of known or suspected opioid overdose.
            ``(2) The school will maintain a supply of such drugs and 
        devices in a location that is easily accessible to trained 
        personnel of the school for the purpose of administering such 
        drugs and devices.
            ``(3) The school has in place a plan for having on the 
        premises of the school during all operating hours one or more 
        individuals who are such trained personnel.
            ``(4) The State attorney general of the State in which the 
        school is located certifies that the State--
                    ``(A) has reviewed any applicable civil liability 
                protection law to determine the application of such law 
                with regard to elementary and secondary school trained 
                personnel who may administer drugs and devices for 
                emergency treatment in the case of a known or suspected 
                opioid overdose; and
                    ``(B) has concluded that such law provides adequate 
                civil liability protection applicable to such trained 
                personnel.
    ``(d) Definitions.--In this section:
            ``(1) The term `civil liability protection law' means a 
        State law offering legal protection to individuals who give aid 
        in an emergency to an individual who is ill, in peril, or 
        otherwise incapacitated.
            ``(2) The term `eligible entity' has the meaning given such 
        term in section 544(a)(2).
            ``(3) The term `trained personnel', with respect to an 
        elementary or secondary school, means an individual--
                    ``(A) who is a school nurse or other individual 
                designated by the principal or other appropriate 
                administrative staff of the school to administer drugs 
                or devices for emergency treatment in the case of a 
                known or suspected opioid overdose;
                    ``(B) who has received training in the 
                administration of such drugs or devices; and
                    ``(C) whose training in the administration of such 
                drugs or devices meets appropriate medical standards 
                and has been documented by appropriate administrative 
                staff of the school.''.

SEC. 8. FENTANYL TEST STRIPS.

    Section 422(f) of the Controlled Substances Act is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) fentanyl test strips.''.
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