II 119THCONGRESS 1 STSESSION S. 690 To combat the fentanyl crisis. IN THE SENATE OF THE UNITED STATES FEBRUARY24, 2025 Mr. S COTTof 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 Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Overdose Response Ac-4 tion Data for Actionable Reforms Act’’ or the ‘‘Overdose 5 RADAR Act’’. 6 SEC. 2. ACCURATE DATA ON OPIOID-RELATED OVERDOSES. 7 Part D of title V of the Public Health Service Act 8 (42 U.S.C. 290dd et seq.) is amended by adding at the 9 end the following: 10 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 690 IS ‘‘SEC. 554. ACCURATE DATA ON OPIOID-RELATED 1 OVERDOSES. 2 ‘‘The Secretary may award grants to States, terri-3 tories, and localities to support improved data and surveil-4 lance on opioid-related overdoses, including for activities 5 to improve postmortem toxicology testing, data linkage 6 across data systems throughout the United States, elec-7 tronic death reporting, or the comprehensiveness of data 8 on fatal and nonfatal opioid-related overdoses.’’. 9 SEC. 3. OFFICE OF NATIONAL DRUG CONTROL POLICY RE-10 FORM. 11 (a) S ENSE OFCONGRESS.—It is the sense of Con-12 gress that— 13 (1) the Director of the Office of National Drug 14 Control Policy shall be a Cabinet-level position; and 15 (2) nothing in this section shall affect the re-16 porting structure of agencies with drug enforcement 17 responsibilities. 18 (b) R EQUIREMENTS.—The Office of National Drug 19 Control Policy shall— 20 (1) document strategies for ensuring prevention 21 of duplicating services and grant funding within Na-22 tional Drug Control Program agencies; 23 (2) collaborate with the National Center for 24 Health Statistics and the National Forensic Labora-25 tory Information System, including by working with 26 VerDate Sep 11 2014 04:56 Mar 14, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 690 IS the Department of Justice to create national stand-1 ards for the submission of data to ensure uniformity 2 across the United States, including data from cases 3 in which the defendant pleads guilty; and 4 (3) issue guidance that States and localities 5 should record overdose deaths as homicides if there 6 is sufficient evidence that the overdose was not self- 7 induced and intentional. 8 (c) I NTERAGENCY COORDINATINGCOUNCIL.—The 9 Office of National Drug Control Policy, the Department 10 of Justice, the Department of Health and Human Serv-11 ices, and other National Drug Control Program agencies 12 shall coordinate to limit duplication and ensure uniform 13 reporting standards and improve relationships between the 14 agencies. 15 (d) C ONGRESSIONALREVIEWACT.—If the Office of 16 National Drug Control Policy does not certify that a final 17 rule made by a National Drug Control Program partici-18 pant is consistent with the National Drug Control Policy, 19 the rule shall be deemed to be submitted under section 20 801(a)(1) of title 5, United States Code. 21 (e) R EPROGRAMMING AND TRANSFERREQUESTS.— 22 Section 704(c)(4)(A) of the Office of National Drug Con-23 trol Policy Reauthorization Act of 1998 (21 U.S.C. 24 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 690 IS 1703(c)(4)(A)) is amended by striking ‘‘deemed ap-1 proved’’ and inserting ‘‘deemed denied’’. 2 SEC. 4. STATE OPIOID RESPONSE GRANTS. 3 Section 1003 of the 21st Century Cures Act (42 4 U.S.C. 290ee–3a) is amended— 5 (1) in subsection (f)— 6 (A) in paragraph (2), by striking ‘‘; and’’ 7 and inserting a semicolon; 8 (B) in paragraph (3), by striking the pe-9 riod and inserting ‘‘; and’’; and 10 (C) by adding at the end the following: 11 ‘‘(4) an assessment of the challenges of such re-12 cipients in addressing opioid misuse and use dis-13 orders and, as applicable and appropriate, stimulant 14 misuse and use disorders, accounting for variations 15 in implementation of the grant funds.’’; and 16 (2) in subsection (g)— 17 (A) in the subsection heading, by inserting 18 ‘‘ ANDBESTPRACTICES’’ after ‘‘TECHNICAL 19 A SSISTANCE’’; 20 (B) by striking ‘‘with technical assistance’’ 21 and inserting ‘‘with— 22 ‘‘(1) technical assistance’’; and 23 (C) by striking the period at the end and 24 inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 690 IS (D) by adding at the end the following: 1 ‘‘(2) best practices on how to address opioid-re-2 lated overdoses.’’. 3 SEC. 5. WASTEWATER PILOT PROGRAM. 4 The Director of the Centers for Disease Control and 5 Prevention, in collaboration with the Attorney General, 6 shall carry out a 3-year pilot program to award grants 7 on a competitive basis to municipal wastewater treatment 8 facilities in order to conduct wastewater analysis to deter-9 mine the prevalence of certain illicit substances, such as 10 fentanyl or xylazine, as determined by the Director, in col-11 laboration with the Attorney General, in the communities 12 served by such facilities. 13 SEC. 6. GRANTS FOR REDUCING OPIOID OVERDOSE 14 DEATHS. 15 (a) U SE OFFUNDS.—Section 544(c) of the Public 16 Health Service Act (42 U.S.C. 290dd–3(c)) is amended— 17 (1) in paragraph (1), by inserting ‘‘or admin-18 istering’’ after ‘‘prescribing’’; and 19 (2) in paragraph (2), by inserting ‘‘or on the 20 administration of’’ after ‘‘prescribing of’’. 21 (b) A UTHORIZATION OF APPROPRIATIONS.—Section 22 544(g) of the Public Health Service Act (42 U.S.C. 23 290dd–3(g)) is amended by striking ‘‘to carry out this sec-24 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 690 IS tion’’ and inserting ‘‘to carry out this section and section 1 544A’’. 2 SEC. 7. GRANTS FOR REDUCING OPIOID OVERDOSE 3 DEATHS IN ELEMENTARY AND SECONDARY 4 SCHOOLS. 5 Title V of the Public Health Service Act is amended 6 by inserting after section 544 of such Act (42 U.S.C. 7 290dd–3) the following: 8 ‘‘SEC. 544A. REDUCING OPIOID OVERDOSE DEATHS IN ELE-9 MENTARY AND SECONDARY SCHOOLS. 10 ‘‘(a) I NGENERAL.—The Secretary may award grants 11 to eligible entities to provide for the administration, at 12 public and private elementary and secondary schools under 13 the jurisdiction of the eligible entity, of drugs and devices 14 for emergency treatment of known or suspected opioid 15 overdose. 16 ‘‘(b) A PPLICATIONS.—To seek a grant under this sec-17 tion, an eligible entity shall submit to the Secretary an 18 application at such time, in such manner, and con-19 taining— 20 ‘‘(1) the information required under section 21 544(b); 22 ‘‘(2) the certifications specified in subsection 23 (c); and 24 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 690 IS ‘‘(3) such other information as the Secretary 1 shall require. 2 ‘‘(c) C ERTIFICATIONS.—The certifications specified 3 in this subsection, with respect to each elementary school 4 and secondary school under the jurisdiction of the eligible 5 entity, are the following: 6 ‘‘(1) The school has in place a program under 7 which the school will permit trained personnel of the 8 school to administer drugs or devices for purposes of 9 providing emergency treatment of known or sus-10 pected opioid overdose. 11 ‘‘(2) The school will maintain a supply of such 12 drugs and devices in a location that is easily acces-13 sible to trained personnel of the school for the pur-14 pose of administering such drugs and devices. 15 ‘‘(3) The school has in place a plan for having 16 on the premises of the school during all operating 17 hours one or more individuals who are such trained 18 personnel. 19 ‘‘(4) The State attorney general of the State in 20 which the school is located certifies that the State— 21 ‘‘(A) has reviewed any applicable civil li-22 ability protection law to determine the applica-23 tion of such law with regard to elementary and 24 secondary school trained personnel who may ad-25 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 690 IS minister drugs and devices for emergency treat-1 ment in the case of a known or suspected opioid 2 overdose; and 3 ‘‘(B) has concluded that such law provides 4 adequate civil liability protection applicable to 5 such trained personnel. 6 ‘‘(d) D EFINITIONS.—In this section: 7 ‘‘(1) The term ‘civil liability protection law’ 8 means a State law offering legal protection to indi-9 viduals who give aid in an emergency to an indi-10 vidual who is ill, in peril, or otherwise incapacitated. 11 ‘‘(2) The term ‘eligible entity’ has the meaning 12 given such term in section 544(a)(2). 13 ‘‘(3) The term ‘trained personnel’, with respect 14 to an elementary or secondary school, means an in-15 dividual— 16 ‘‘(A) who is a school nurse or other indi-17 vidual designated by the principal or other ap-18 propriate administrative staff of the school to 19 administer drugs or devices for emergency 20 treatment in the case of a known or suspected 21 opioid overdose; 22 ‘‘(B) who has received training in the ad-23 ministration of such drugs or devices; and 24 VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 690 IS ‘‘(C) whose training in the administration 1 of such drugs or devices meets appropriate 2 medical standards and has been documented by 3 appropriate administrative staff of the school.’’. 4 SEC. 8. FENTANYL TEST STRIPS. 5 Section 422(f) of the Controlled Substances Act (21 6 U.S.C. 862(f)) is amended— 7 (1) in paragraph (1), by striking ‘‘or’’ at the 8 end; 9 (2) in paragraph (2), by striking the period at 10 the end and inserting ‘‘; or’’; and 11 (3) by adding at the end the following: 12 ‘‘(3) fentanyl test strips.’’. 13 Æ VerDate Sep 11 2014 07:15 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S690.IS S690 kjohnson on DSK7ZCZBW3PROD with $$_JOB