II 

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. 

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 ‘‘Advancing Lifesaving 

5 Efforts with Rapid Test strips for Communities Act’’ or 

6 the ‘‘ALERT Communities Act’’. 


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1 SEC. 2. GRANT PROGRAM FROM STATE AND TRIBAL RE2 SPONSE TO OPIOID USE DISORDERS. 

3 Section 1003(b)(4)(A) of the 21st Century Cures Act 

4 (42 U.S.C. 290ee–3 note) is amended by inserting ‘‘or 

5 fentanyl or xylazine test strips (as defined in section 6 

6 of the Advancing Lifesaving Efforts with Rapid Test 

7 strips for Communities Act)’’ before the period at the end. 

8 SEC. 3. FIRST RESPONDER TRAINING. 

9 Section 546(c) of the Public Health Service Act (42 

10 U.S.C. 290ee–1(c)) is amended— 

11 (1) in paragraph (3), by striking ‘‘; and’’ and 

12 inserting a semicolon; 

13 (2) in paragraph (4), by striking the period and 

14 inserting ‘‘; and’’; and 

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

16 ‘‘(5) train and provide resources for first re17 sponders and members of other relevant community 

18 sectors on carrying and facilitating access to 

19 fentanyl or xylazine test strips (as defined in section 

20 6 of the Advancing Lifesaving Efforts with Rapid 

21 Test strips for Communities Act).’’. 

22 SEC. 4. RESEARCH AND MARKETING FRAMEWORKS FOR 

23 TEST STRIP TECHNOLOGY. 

24 The Secretary of Health and Human Services, in con25 sultation with the Director of the National Institutes of 

26 Health, the Director of the Office of National Drug ConVerDate Sep 11 2014 02:44 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2919.IS S2919

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1 trol Policy, the Commissioner of Food and Drugs, and the 

2 Administrator of the Drug Enforcement Administration, 

3 shall develop and make publicly available research and 

4 marketing frameworks for developing, improving, and 

5 evaluating test strip technology for detecting fentanyl and 

6 other dangerous substances. Such frameworks shall— 

7 (1) include standards and guidance for manu8 facturers seeking to develop and test new test strip 

9 technology; 

10 (2) emphasize bringing new test strip tech11 nology intended for testing human specimens in clin12 ical settings to support on-site clinical decision-mak13 ing; and 

14 (3) include guidance on available authorization 

15 pathways for test strips described in paragraphs (1) 

16 and (2). 

17 SEC. 5. STUDY ON FENTANYL TEST STRIP INTERVENTIONS. 

18 The Secretary of Health and Human Services shall— 

19 (1) conduct a study on the impact of the avail20 ability, accessibility, and usage of drug checking 

21 supplies, including test strips, on frequency of over22 dose, overdose deaths, and engagement in substance 

23 use disorder treatment; and 


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1 (2) not later than 2 years after the date of en2 actment of this Act, submit to Congress a report on 

3 the study conducted under paragraph (1). 

4 SEC. 6. DEFINITION. 

5 In this Act, the term ‘‘test strip’’ means a rapid re6 sponse, single use diagnostic that can be used to detect 

7 the adulteration of a drug with, or the presence in a 

8 human specimen of, any substance that may lead to in9 creased morbidity or mortality, such as fentanyl, xylazine, 

10 or another synthetic opioid or emerging substance. 

Æ 


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