S. 2332 — ALERT Communities Act

This section expands permissible activities under State and Tribal Opioid Response grants authorized by section 1003(b)(4)(A) of the 21st Century Cures Act (42 U.S.C. 290ee-3 note)—which support state, local, territorial, and tribal efforts to address opioid use disorders—to include facilitating access to products that detect substances (e.g., fentanyl and xylazine test strips) to prevent overdose deaths, to the extent their purchase and possession is consistent with federal and state law.

This section adds to the authorized uses of grants for first responder training on opioid overdose response (i.e., under Section 546 of the Public Health Service Act) the training and provision of resources for first responders and members of other relevant community sectors on carrying and facilitating access to fentanyl or xylazine test strips. (As background, the program provides grants to public and private nonprofit entities to train first responders to recognize opioid overdoses and carry and administer naloxone.)

This section directs the Secretary of Health and Human Services, in consultation with the Directors of the National Institutes of Health and the Office of National Drug Control Policy, the Commissioner of Food and Drugs, and the Administrator of the Drug Enforcement Administration, to develop and make publicly available research and marketing frameworks for developing, improving, and evaluating test strip technology to detect fentanyl and other dangerous substances. The frameworks must (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 such test strips.

This section directs the Secretary of Health and Human Services to conduct a study on the impact of the availability, accessibility, and usage of drug checking supplies, including test strips (i.e., fentanyl test strips), on overdose frequency, overdose deaths, and engagement in substance use disorder treatment; and to submit a report on the study to Congress not later than two years after the date of enactment.