[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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