[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5801 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5801

 To ensure that expenses relating to the acquisition or use of devices 
  for use in the detection of fentanyl, xylazine, and other emerging 
 adulterant substances, including test strips, are allowable expenses 
                     under certain grant programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2023

Mr. Gottheimer (for himself, Mr. Bacon, and Mr. Gallego) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To ensure that expenses relating to the acquisition or use of devices 
  for use in the detection of fentanyl, xylazine, and other emerging 
 adulterant substances, including test strips, are allowable expenses 
                     under certain grant programs.

    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 ``Preventing Overdoses with Test 
Strips Act''.

SEC. 2. AMENDING THE 21ST CENTURY CURES ACT TO AUTHORIZE THE USE OF 
              FUNDS FOR DEVICES FOR USE IN THE DETECTION OF FENTANYL, 
              XYLAZINE, AND OTHER EMERGING ADULTERANT SUBSTANCES.

    Section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee-3a) is 
amended--
            (1) in subsection (b)(4), by adding at the end the 
        following:
                    ``(G) Providing assistance for expenses relating to 
                the acquisition or use of adulterant substance 
                detection devices.''; and
            (2) in subsection (h)--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (2) through (5), respectively; and
                    (B) by inserting before paragraph (2) (as so 
                redesignated), the following:
            ``(1) Adulterant substance detection device.--The term 
        `adulterant substance detection device' means a device, 
        including a test strip, that can detect the presence of an 
        adulterant, such as fentanyl, xylazine, or another adulterant 
        in a drug sample prior to use of a controlled substance.''.

SEC. 3. AMENDING THE PUBLIC HEALTH SERVICE ACT TO AUTHORIZE THE USE OF 
              FUNDS FOR DEVICES FOR USE IN THE DETECTION OF FENTANYL, 
              XYLAZINE, AND OTHER EMERGING ADULTERANT SUBSTANCES.

    Part A of title V of the Public Health Service Act (42 U.S.C. 290aa 
et seq.) is amended by adding at the end the following:

``SEC. 506B. USE OF FUNDS FOR DEVICES FOR USE IN THE DETECTION OF 
              FENTANYL, XYLAZINE, AND OTHER EMERGING ADULTERANT 
              SUBSTANCES.

    ``(a) In General.--Expenses relating to the acquisition or use of 
adulterant substance detection devices shall be allowable expenses 
under any grant, contract, or cooperative agreement entered into by the 
Substance Abuse and Mental Health Services Administration under this 
Act.
    ``(b) Definition.--In this section, the term `adulterant substance 
detection device' means a device, including a test strip, that can 
detect the presence of an adulterant, such as fentanyl, xylazine, or 
another adulterant in a drug sample prior to use of a controlled 
substance.''.
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