[House Report 118-50]
[From the U.S. Government Publishing Office]


118th Congress     }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                     {      118-50

======================================================================



 
       TESTING, RAPID ANALYSIS, AND NARCOTIC QUALITY RESEARCH ACT

                                _______
                                

  May 5, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1734]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 1734) to require coordinated 
National Institute of Standards and Technology science and 
research activities regarding illicit drugs containing 
xylazine, novel synthetic opioids, and other substances of 
concern, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
                                                                   Page

                                CONTENTS

Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     2
Committee Views..................................................     3
Section-by-Section...............................................     3
Explanation of Amendments........................................     3
Committee Consideration..........................................     3
Roll Call Votes..................................................     3
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Federal Advisory Committee Act...................................     6
Unfunded Mandate Statement.......................................     6
Earmark Identification...........................................     6
Committee Cost Estimate..........................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Congressional Budget Office Cost Estimate........................     7

    The amendment is as follows:
  Add at the end of the bill the following:

SEC. 3. REPORT.

  Not later that 1 year after the date of enactment of this Act, the 
Director of the National Institute of Standards and Technology shall 
submit to the Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the implementation of this 
Act. Such report may include legislative recommendations to improve the 
Director's ability to carry out section 2.

                          PURPOSE AND SUMMARY

    The National Institute of Standards and Technology (NIST) 
has unique analytical capabilities in the safe handling and 
identification of illicit drugs. This legislation would direct 
NIST to take steps to enhance its work to understand the unique 
properties of Tranq and other novel synthetic opioids, develop 
new analytical capabilities for novel synthetic opioids, and 
establish new partnerships with front-line entities that are 
oftentimes the points of first contact for new opioid variants.

                  BACKGROUND AND NEED FOR LEGISLATION

    The development and distribution of novel synthetic opioids 
continues to threaten the health and safety of communities 
across the United States. A new fentanyl analogue, commonly 
known as ``Tranq'', containing a veterinary tranquilizer, 
xylazine, has begun to spread across the country. Many law 
enforcement agencies, especially in rural America, lack the 
technical expertise and resources to safely handle dangerous 
substances. While local law enforcement and non-profit agencies 
on the East Coast are relatively familiar with the utility of 
working with NIST, the agency's work is lesser known as you 
move west across the country.
    The Drug Enforcement Agency (DEA) reports skyrocketing 
detections of xylazine, with growth between 2020 and 2021 at 
61% in the Northeast, 198% in the South, 7% in the Midwest, and 
112% in the West. According to the DEA, ``the presence of 
xylazine in illicit drug combinations and its detection in 
fatal overdoses may be more widespread than reported as a 
number of jurisdictions across the country may not include 
xylazine in forensic laboratory or toxicology testing.''
    Directing NIST to leverage its existing expertise and 
infrastructure to augment the capabilities of entities working 
to counter the opioid crisis will save money for local law 
enforcement, enhance safety for law enforcement personnel, 
raise awareness of the dangers of fentanyl containing xylazine, 
and better prepare first responders for rapid and safe opioid 
response activities.

                          LEGISLATIVE HISTORY

    On March 23, 2023, Rep. Mike Collins and Rep. Yadira 
Caraveo introduced H.R. 1734, the Testing, Rapid Analysis, and 
Narcotic Quality (TRANQ) Research Act.
    On March 29, 2023, the Committee on Science, Space, and 
Technology met to consider H.R. 1734. Chairman Lucas moved that 
Committee favorably report the bill, H.R. 1734, as amended, to 
the House of Representatives with the recommendation that the 
bill be approved. The motion was agreed to by a vote of 36-0.

                            COMMITTEE VIEWS

    The Committee recognizes the impact of the opioid crisis on 
everyday Americans and first responders tasked with providing 
emergency services to those in need. The Committee is also 
aware of the unique capabilities of NIST to identify chemical 
markers of novel synthetic opioids and develop safe handling 
practices that can inform first response efforts. The Committee 
encourages NIST to continue its work with novel synthetic 
opioids and other illicit drugs and to grow its partnerships 
with first responders across the nation who could benefit from 
NIST's expertise.

                           SECTION-BY-SECTION

Section 1. Short title

    This section establishes that this legislation may be 
referred to as the ``Testing, Rapid Ananysis, and Narcotic 
Quality Research Act'' or the ``TRANQ Research Act.''

Section 2. Xylazine detection and analysis

    This section directs NIST to conduct basic science and 
research on illicit drugs, with a special focus on drugs 
containing xylazine. It also directs NIST to work towards near-
real time identification capabilities of xylazine in drugs, 
convene stakeholders with unique knowledge or interests in 
counter-opioid efforts, establish collaborative partnerships 
with other institutions, including research institutions, and 
provide opportunities for graduate and post-graduate research 
on xylazine-laced drugs. In fulfilling the requirements of this 
section, NIST must ensure there are appropriate research 
security controls.

Section 3. Report

    NIST must submit a report to the Committee on Science, 
Space, and Technology one year after the date of enactment on 
the implementation of this act, including legislative 
recommendations for improving NIST's ability to carry out the 
act.

                       EXPLANATION OF AMENDMENTS

    An amendment offered by Representative Claudia Tenney was 
adopted by voice vote and is incorporated in the Committee 
reported text of H.R. 1734. The amendment requires NIST to 
report on the effectiveness of the legislation one year after 
enactment, and allows NIST to include recommendations for how 
to improve the effort as part of the reporting requirement. 
This amendment is consistent with the spirit of the legislation 
and will inform Congressional oversight of NIST's efforts in 
the future.

                        COMMITTEE CONSIDERATION

    On March 29, 2023, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1734, as amended, by 
roll call vote, a quorum being present.

                            ROLL CALL VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 1734 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

          STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS
                            OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII, H.R. 1734 
would expand upon NIST's current research and testing of novel 
synthetic opiods and other illicit drugs, including xylazine, 
in order to continue to grow its partnerships with first 
responders across the nation and to develop safety practices 
which will inform those first response efforts. A yearly 
reporting requirement ensures that the goals of the Committee 
are being met and provides an avenue for recommending 
legislation to improve NIST's ability to carry out these goals.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 1734 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     FEDERAL ADVISORY COMMITTEE ACT

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       UNFUNDED MANDATE STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                         EARMARK IDENTIFICATION

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1734 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

              NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
                          AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1734 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

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