[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2919 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2919

To require research with respect to fentanyl and xylazine test strips, 
to authorize the use of grant funds for such test strips, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 22), 2023

Ms. Hassan (for herself and Mr. Cornyn) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To require research with respect to fentanyl and xylazine test strips, 
to authorize the use of grant funds for such test strips, and for other 
                               purposes.

    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 ``Advancing Lifesaving Efforts with 
Rapid Test strips for Communities Act'' or the ``ALERT Communities 
Act''.

SEC. 2. GRANT PROGRAM FROM STATE AND TRIBAL RESPONSE TO OPIOID USE 
              DISORDERS.

    Section 1003(b)(4)(A) of the 21st Century Cures Act (42 U.S.C. 
290ee-3 note) is amended by inserting ``or fentanyl or xylazine test 
strips (as defined in section 6 of the Advancing Lifesaving Efforts 
with Rapid Test strips for Communities Act)'' before the period at the 
end.

SEC. 3. FIRST RESPONDER TRAINING.

    Section 546(c) of the Public Health Service Act (42 U.S.C. 290ee-
1(c)) is amended--
            (1) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(5) train and provide resources for first responders and 
        members of other relevant community sectors on carrying and 
        facilitating access to fentanyl or xylazine test strips (as 
        defined in section 6 of the Advancing Lifesaving Efforts with 
        Rapid Test strips for Communities Act).''.

SEC. 4. RESEARCH AND MARKETING FRAMEWORKS FOR TEST STRIP TECHNOLOGY.

    The Secretary of Health and Human Services, in consultation with 
the Director of the National Institutes of Health, the Director of the 
Office of National Drug Control Policy, the Commissioner of Food and 
Drugs, and the Administrator of the Drug Enforcement Administration, 
shall develop and make publicly available research and marketing 
frameworks for developing, improving, and evaluating test strip 
technology for detecting fentanyl and other dangerous substances. Such 
frameworks shall--
            (1) include standards and guidance for manufacturers 
        seeking to develop and test new test strip technology;
            (2) emphasize bringing new test strip technology intended 
        for testing human specimens in clinical settings to support on-
        site clinical decision-making; and
            (3) include guidance on available authorization pathways 
        for test strips described in paragraphs (1) and (2).

SEC. 5. STUDY ON FENTANYL TEST STRIP INTERVENTIONS.

    The Secretary of Health and Human Services shall--
            (1) conduct a study on the impact of the availability, 
        accessibility, and usage of drug checking supplies, including 
        test strips, on frequency of overdose, overdose deaths, and 
        engagement in substance use disorder treatment; and
            (2) not later than 2 years after the date of enactment of 
        this Act, submit to Congress a report on the study conducted 
        under paragraph (1).

SEC. 6. DEFINITION.

    In this Act, the term ``test strip'' means a rapid response, single 
use diagnostic that can be used to detect the adulteration of a drug 
with, or the presence in a human specimen of, any substance that may 
lead to increased morbidity or mortality, such as fentanyl, xylazine, 
or another synthetic opioid or emerging substance.
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