119-s545

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 545 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 545

 To prohibit certain uses of xylazine, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 12, 2025

 Ms. Cortez Masto (for herself, Mr. Grassley, Ms. Hassan, Mrs. 
 Gillibrand, Mrs. Hyde-Smith, Ms. Cantwell, Mr. Scott of Florida, Mrs. 
Shaheen, Ms. Klobuchar, Mrs. Britt, Mrs. Capito, Mr. Young, Mr. Kelly, 
 Mr. Kaine, Mr. Risch, Ms. Rosen, Mr. Blumenthal, Mr. Lujan, and Mr. 
 Wicker) introduced the following bill; which was read twice and 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To prohibit certain uses of xylazine, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This title may be cited as the ``Combating Illicit Xylazine Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this title, the term ``xylazine'' has the 
meaning given the term in paragraph

    (60) of 

section 102 of the 
Controlled Substances Act, as added by subsection

    (b) of this section.

    (b) Controlled Substances Act.--

Section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended by adding at the end the 
following:
 ``

    (60) The term `xylazine' means the substance xylazine, including 
its salts, isomers, and salts of isomers whenever the existence of such 
salts, isomers, and salts of isomers is possible.''.

SEC. 3. ADDING XYLAZINE TO SCHEDULE III.

 Schedule III of 

section 202
            (c) of the Controlled Substances Act (21 
U.S.C. 812) is amended by adding at the end the following:
 ``

    (f) Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation which 
contains any quantity of xylazine.''.

SEC. 4. AMENDMENTS.

    (a) Amendment.--

Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended by striking paragraph

    (27) and inserting the 
following:
 ``

    (27)
        (A) Except as provided in subparagraph
        (B) , the term 
`ultimate user' means a person who has lawfully obtained, and who 
possesses, a controlled substance for the use by the person or for the 
use of a member of the household of the person or for an animal owned 
by the person or by a member of the household of the person.
 ``
        (B)
            (i) In the case of xylazine, other than for a drug product 
approved under subsection

    (b) or

    (j) of 

section 505 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355), the term `ultimate user' 
means a person--
 ``
            (I) to whom xylazine was dispensed by--
 ``

    (aa) a veterinarian registered under this Act; or
 ``

    (bb) a pharmacy registered under this Act 
 pursuant to a prescription of a veterinarian registered 
 under this Act; and
 ``
            (II) who possesses xylazine for--
 ``

    (aa) an animal owned by the person or by a member 
 of the household of the person;
 ``

    (bb) an animal under the care of the person;
 ``
            (cc) use in government animal-control programs 
 authorized under applicable Federal, State, Tribal, or 
 local law; or
 ``
            (dd) use in wildlife programs authorized under 
 applicable Federal, State, Tribal, or local law.
 ``
            (ii) In this subparagraph, the term `person' includes--
 ``
            (I) a government agency or business where animals are 
 located; and
 ``
            (II) an employee or agent of an agency or business acting 
 within the scope of their employment or agency.''.

    (b) Facilities.--An entity that manufactures xylazine, as of the 
date of enactment of this Act, shall not be required to make capital 
expenditures necessary to install the security standard required of 
schedule III of the Controlled Substances Act (21 U.S.C. 801 et seq.) 
for the purposes of manufacturing xylazine.
            (c) Labeling.--The requirements related to labeling, packaging, and 
distribution logistics of a controlled substance in schedule III of 

section 202
            (c) of the Controlled Substances Act (21 U.S.C. 812
            (c) ) 
shall not take effect for xylazine until the date that is 1 year after 
the date of enactment of this Act.
            (d) Practitioner Registration.--The requirements related to 
practitioner registration, inventory, and recordkeeping of a controlled 
substance in schedule III of 

section 202
            (c) of the Controlled 
Substances Act (21 U.S.C. 812
            (c) ) shall not take effect for xylazine 
until the date that is 60 days after the date of enactment of this Act. 
A practitioner that has applied for registration during the 60-day 
period beginning on the date of enactment of this Act may continue 
their lawful activities until such application is approved or denied.

    (e) Manufacturer Transition.--The Food and Drug Administration and 
the Drug Enforcement Administration shall facilitate and expedite the 
relevant manufacturer submissions or applications required by the 
placement of xylazine on schedule III of 

section 202
            (c) of the 
Controlled Substances Act (21 U.S.C. 812
            (c) ).

    (f) Clarification.--Nothing in this title, or the amendments made 
by this title, shall be construed to require the registration of an 
ultimate user of xylazine under the Controlled Substances Act (21 
U.S.C. 801 et seq.) in order to possess xylazine in accordance with 
subparagraph
        (B) of 

section 102

    (27) of that Act (21 U.S.C. 802

    (27) ), as 
added by subsection

    (a) of this section.

SEC. 5. ARCOS TRACKING.

 

Section 307
            (i) of the Controlled Substances Act (21 U.S.C. 827
            (i) ) 
is amended--

    (1) in the matter preceding paragraph

    (1) --
        (A) by inserting ``or xylazine'' after ``gamma 
 hydroxybutyric acid'';
        (B) by inserting ``or 512'' after ``

section 505''; 
 and
            (C) by inserting ``respectively,'' after ``the 
 Federal Food, Drug, and Cosmetic Act,''; and

    (2) in paragraph

    (6) , by inserting ``or xylazine'' after 
 ``gamma hydroxybutyric acid''.

SEC. 6. SENTENCING COMMISSION.

 Pursuant to its authority under 

section 994

    (p) of title 28, United 
States Code, the United States Sentencing Commission shall review and, 
if appropriate, amend its sentencing guidelines, policy statements, and 
official commentary applicable to persons convicted of an offense under 

section 401 of the Controlled Substances Act (21 U.S.C. 841) or 

section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) 
to provide appropriate penalties for offenses involving xylazine that 
are consistent with the amendments made by this title. In carrying out 
this section, the Commission should consider the common forms of 
xylazine as well as its use alongside other scheduled substances.

SEC. 7. REPORT TO CONGRESS ON XYLAZINE.

    (a) Initial Report.--Not later than 18 months after the date of the 
enactment of this Act, the Attorney General, acting through the 
Administrator of the Drug Enforcement Administration and in 
coordination with the Commissioner of Food and Drugs, shall submit to 
Congress a report on the prevalence of illicit use of xylazine in the 
United States and the impacts of such use, including--

    (1) where the drug is being diverted;

    (2) where the drug is originating; and

    (3) whether any analogues to xylazine, or related or 
 derivative substances, exist and present a substantial risk of 
 abuse.

    (b) Additional Report.--Not later than 4 years after the date of 
the enactment of this Act, the Attorney General, acting through the 
Administrator of the Drug Enforcement Administration and in 
coordination with the Commissioner of Food and Drugs, shall submit to 
Congress a report updating Congress on the prevalence and proliferation 
of xylazine trafficking and misuse in the United States.
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