II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Overdose Response Ac5 tion Data for Actionable Reforms Act’’ or the ‘‘Opioid 

6 RADAR Act’’. 

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

8 The Secretary of Health and Human Services may 

9 award grants to States, territories, and localities to sup10 port improved data and surveillance on opioid-related 

11 overdoses, including for activities to improve postmortem 

12 toxicology testing, data linkage across data systems 


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1 throughout the United States, electronic death reporting, 

2 or the comprehensiveness of data on fatal and nonfatal 

3 opioid-related overdoses. 

4 SEC. 3. OFFICE OF NATIONAL DRUG CONTROL POLICY RE5 FORM. 

6 (a) SENSES OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the Director of the Office of National Drug 

9 Control Policy shall be a Cabinet-level position; and 

10 (2) nothing in this section shall affect the re11 porting structure of agencies with drug enforcement 

12 responsibilities. 

13 (b) REQUIREMENTS.—The Office of National Drug 

14 Control Policy shall— 

15 (1) document strategies for ensuring prevention 

16 of duplicating services and grant funding within Na17 tional Drug Control Program agencies; 

18 (2) collaborate with the National Center for 

19 Health Statistics and the National Forensic Labora20 tory Information System, including by working with 

21 the Department of Justice to create national stand22 ards for the submission of data to ensure uniformity 

23 across the United States, including data from cases 

24 in which the defendant pleads guilty; and 


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1 (3) issue guidance that States and localities 

2 should record overdose deaths as homicides if there 

3 is sufficient evidence that the overdose was not self4 induced and intentional. 

5 (c) INTERAGENCY COORDINATING COUNCIL.—The 

6 Office of National Drug Control Policy, the Department 

7 of Justice, the Department of Health and Human Serv8 ices, and other National Drug Control Program agencies 

9 shall coordinate to limit duplication and ensure uniform 

10 reporting standards and improve relationships between the 

11 agencies. 

12 (d) CONGRESSIONAL REVIEW ACT.—If the Office of 

13 National Drug Control Policy does not certify that a final 

14 rule made by a National Drug Control Program partici15 pant is consistent with the National Drug Control Policy, 

16 the rule shall be deemed to be submitted under section 

17 801(a)(1) of title 5, United States Code. 

18 (e) REPROGRAMMING AND TRANSFER REQUESTS.— 

19 Section 704(c)(4)(A) of the Office of National Drug Con20 trol Policy Reauthorization Act of 1998 (21 U.S.C. 

21 1703(c)(4)(A)) is amended by striking ‘‘deemed ap22 proved’’ and inserting ‘‘deemed denied’’. 

23 SEC. 4. STATE OPIOID RESPONSE GRANTS. 

24 The Assistant Secretary for Mental Health and Sub25 stance Use shall, to the extent practicable— 


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1 (1) include in the annual report to Congress on 

2 the State Opioid Response Grants, authorized under 

3 the Consolidated Appropriations Act, 2022 (Public 

4 Law 117–103), an assessment of challenges of re5 cipients of such grants, accounting for variations in 

6 implementation; and 

7 (2) provide to recipients of such grants best 

8 practices on how to address opioid-related overdoses. 

9 SEC. 5. WASTEWATER PILOT PROGRAM. 

10 The Director of the Centers for Disease Control and 

11 Prevention, in collaboration with the Attorney General or 

12 their designee, shall carry out a pilot program to award 

13 grants on a competitive basis to municipal wastewater 

14 treatment facilities in order to conduct wastewater anal15 ysis to determine the prevalence of certain illicit sub16 stances, such as fentanyl or xylazine, as determined by 

17 the Director, in collaboration with the Attorney General, 

18 in the communities served by such facilities. 

19 SEC. 6. GRANTS FOR REDUCING OPIOID OVERDOSE 

20 DEATHS. 

21 (a) USE OF FUNDS.—Section 544(c) of the Public 

22 Health Service Act (42 U.S.C. 290dd–3(c)) is amended— 

23 (1) in paragraph (1), by inserting ‘‘or admin24 istering’’ after ‘‘prescribing’’; and 


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1 (2) in paragraph (2), by inserting ‘‘or on the 

2 administration of’’ after ‘‘prescribing of’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 544(g) of the Public Health Service Act (42 U.S.C. 

5 290dd–3(g)) is amended by striking ‘‘to carry out this sec6 tion’’ and inserting ‘‘to carry out this section and section 

7 544A’’. 

8 SEC. 7. GRANTS FOR REDUCING OPIOID OVERDOSE 

9 DEATHS IN ELEMENTARY AND SECONDARY 

10 SCHOOLS. 

11 Title V of the Public Health Service Act is amended 

12 by inserting after section 544 of such Act (42 U.S.C. 

13 290dd–3) the following: 

14 ‘‘SEC. 544A. REDUCING OPIOID OVERDOSE DEATHS IN ELE15 MENTARY AND SECONDARY SCHOOLS. 

16 ‘‘(a) IN GENERAL.—The Secretary may award grants 

17 to eligible entities to provide for the administration, at 

18 public and private elementary and secondary schools under 

19 the jurisdiction of the eligible entity, of drugs and devices 

20 for emergency treatment of known or suspected opioid 

21 overdose. 

22 ‘‘(b) APPLICATIONS.—To seek a grant under this sec23 tion, an eligible entity shall submit to the Secretary an 

24 application at such time, in such manner, and con25 taining— 


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1 ‘‘(1) the information required under section 

2 544(b); 

3 ‘‘(2) the certifications specified in subsection 

4 (c); and 

5 ‘‘(3) such other information as the Secretary 

6 shall require. 

7 ‘‘(c) CERTIFICATIONS.—The certifications specified 

8 in this subsection, with respect to each elementary school 

9 and secondary school under the jurisdiction of the eligible 

10 entity, are the following: 

11 ‘‘(1) The school has in place a program under 

12 which the school will permit trained personnel of the 

13 school to administer drugs or devices for purposes of 

14 providing emergency treatment of known or sus15 pected opioid overdose. 

16 ‘‘(2) The school will maintain a supply of such 

17 drugs and devices in a location that is easily acces18 sible to trained personnel of the school for the pur19 pose of administering such drugs and devices. 

20 ‘‘(3) The school has in place a plan for having 

21 on the premises of the school during all operating 

22 hours one or more individuals who are such trained 

23 personnel. 

24 ‘‘(4) The State attorney general of the State in 

25 which the school is located certifies that the State— 


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1 ‘‘(A) has reviewed any applicable civil li2 ability protection law to determine the applica3 tion of such law with regard to elementary and 

4 secondary school trained personnel who may ad5 minister drugs and devices for emergency treat6 ment in the case of a known or suspected opioid 

7 overdose; and 

8 ‘‘(B) has concluded that such law provides 

9 adequate civil liability protection applicable to 

10 such trained personnel. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘civil liability protection law’ 

13 means a State law offering legal protection to indi14 viduals who give aid in an emergency to an indi15 vidual who is ill, in peril, or otherwise incapacitated. 

16 ‘‘(2) The term ‘eligible entity’ has the meaning 

17 given such term in section 544(a)(2). 

18 ‘‘(3) The term ‘trained personnel’, with respect 

19 to an elementary or secondary school, means an in20 dividual— 

21 ‘‘(A) who is a school nurse or other indi22 vidual designated by the principal or other ap23 propriate administrative staff of the school to 

24 administer drugs or devices for emergency 


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1 treatment in the case of a known or suspected 

2 opioid overdose; 

3 ‘‘(B) who has received training in the ad4 ministration of such drugs or devices; and 

5 ‘‘(C) whose training in the administration 

6 of such drugs or devices meets appropriate 

7 medical standards and has been documented by 

8 appropriate administrative staff of the school.’’. 

9 SEC. 8. FENTANYL TEST STRIPS. 

10 Section 422(f) of the Controlled Substances Act is 

11 amended— 

12 (1) in paragraph (1), by striking ‘‘or’’ at the 

13 end; 

14 (2) in paragraph (2), by striking the period at 

15 the end and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(3) fentanyl test strips.’’. 

Æ 


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