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 pro-
grams. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. AMENDING THE 21ST CENTURY CURES ACT TO AU-
THORIZE 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 re-
lating 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), re-
spectively; and 
(B) by inserting before paragraph (2) (as 
so redesignated), the following: 
‘‘(1) ADULTERANT SUBSTANCE DETECTION DE-
VICE.—The term ‘adulterant substance detection de-
vice’ 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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SEC. 3. AMENDING THE PUBLIC HEALTH SERVICE ACT TO 
AUTHORIZE THE USE OF FUNDS FOR DE-
VICES FOR USE IN THE DETECTION OF 
FENTANYL, XYLAZINE, AND OTHER EMERG-
ING 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 
SUB-
STANCES. 
‘‘(a) IN GENERAL.—Expenses relating to the acquisi-
tion or use of adulterant substance detection devices shall 
be allowable expenses under any grant, contract, or coop-
erative 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, in-
cluding 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.’’. 
Æ 
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