I 

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. 

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 ‘‘Preventing Overdoses 

5 with Test Strips Act’’. 


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2 

•HR 5801 IH

1 SEC. 2. AMENDING THE 21ST CENTURY CURES ACT TO AU2 THORIZE THE USE OF FUNDS FOR DEVICES 

3 FOR USE IN THE DETECTION OF FENTANYL, 

4 XYLAZINE, AND OTHER EMERGING 

5 ADULTERANT SUBSTANCES. 

6 Section 1003 of the 21st Century Cures Act (42 

7 U.S.C. 290ee–3a) is amended— 

8 (1) in subsection (b)(4), by adding at the end 

9 the following: 

10 ‘‘(G) Providing assistance for expenses re11 lating to the acquisition or use of adulterant 

12 substance detection devices.’’; and 

13 (2) in subsection (h)— 

14 (A) by redesignating paragraphs (1) 

15 through (4) as paragraphs (2) through (5), re16 spectively; and 

17 (B) by inserting before paragraph (2) (as 

18 so redesignated), the following: 

19 ‘‘(1) ADULTERANT SUBSTANCE DETECTION DE20 VICE.—The term ‘adulterant substance detection de21 vice’ means a device, including a test strip, that can 

22 detect the presence of an adulterant, such as 

23 fentanyl, xylazine, or another adulterant in a drug 

24 sample prior to use of a controlled substance.’’. 


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3 

•HR 5801 IH

1 SEC. 3. AMENDING THE PUBLIC HEALTH SERVICE ACT TO 

2 AUTHORIZE THE USE OF FUNDS FOR DE3 VICES FOR USE IN THE DETECTION OF 

4 FENTANYL, XYLAZINE, AND OTHER EMERG5 ING ADULTERANT SUBSTANCES. 

6 Part A of title V of the Public Health Service Act 

7 (42 U.S.C. 290aa et seq.) is amended by adding at the 

8 end the following: 

9 ‘‘SEC. 506B. USE OF FUNDS FOR DEVICES FOR USE IN THE 

10 DETECTION OF FENTANYL, XYLAZINE, AND 

11 OTHER EMERGING ADULTERANT SUB12 STANCES. 

13 ‘‘(a) IN GENERAL.—Expenses relating to the acquisi14 tion or use of adulterant substance detection devices shall 

15 be allowable expenses under any grant, contract, or coop16 erative agreement entered into by the Substance Abuse 

17 and Mental Health Services Administration under this 

18 Act. 

19 ‘‘(b) DEFINITION.—In this section, the term 

20 ‘adulterant substance detection device’ means a device, in21 cluding a test strip, that can detect the presence of an 

22 adulterant, such as fentanyl, xylazine, or another 

23 adulterant in a drug sample prior to use of a controlled 

24 substance.’’. 

Æ 


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