Union Calendar No. 715
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119th CONGRESS
2d Session |
[Report No. 119–816, Part I]
To prohibit certain uses of xylazine, and for other purposes.
Mr. Panetta (for himself, Mr. Pfluger, Mr. Bilirakis, Mr. Pappas, Mr. Fitzgerald, Ms. Ross, Mr. Crenshaw, Mr. Harder of California, Ms. DelBene, Mrs. Miller-Meeks, Ms. Pettersen, Ms. Clarke of New York, Mr. Deluzio, Mr. Magaziner, Mr. Bacon, Mr. Obernolte, Mr. Costa, Mr. Balderson, Ms. Barragán, Mr. Ciscomani, Mr. Carey, Mrs. Bice, Ms. Craig, Mr. Norcross, Mr. Fong, Ms. Tenney, Mr. Fitzpatrick, Mr. Burchett, Ms. Dean of Pennsylvania, Mr. Cohen, Mr. Davis of North Carolina, Mr. Correa, Mr. Webster of Florida, Mr. Collins, Mr. Suozzi, and Mrs. Harshbarger) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
Additional sponsors: Ms. Salinas, Ms. Lee of Florida, Mr. Wittman, Mr. Mann, Mr. Soto, Mrs. Cherfilus-McCormick, Mr. Haridopolos, Ms. Sewell, Mr. Rulli, Mr. Finstad, Ms. Davids of Kansas, Mr. Yakym, Mr. Self, Mr. Harris of Maryland, Mr. Calvert, Mr. Johnson of South Dakota, Ms. Kelly of Illinois, Mr. Steil, Mr. Vindman, Mr. McDowell, Mr. Sorensen, Mr. Auchincloss, Mr. Van Drew, Mr. Knott, Mr. Smith of New Jersey, Mr. Thompson of California, Mr. Rouzer, Mr. Simpson, Mr. Hernández, Ms. Tokuda, Mr. Grothman, Mr. Gray, Mr. Bentz, Mr. Min, Mr. Carter of Georgia, Ms. Letlow, Mr. Baird, Ms. Scholten, Mrs. Kim, Ms. Van Duyne, Mr. Weber of Texas, Mr. Nunn of Iowa, Ms. McDonald Rivet, Mr. Nehls, Mr. Van Orden, Ms. Budzinski, Ms. McBride, Mr. Lucas, Mr. Jackson of Texas, Mrs. Fischbach, Mr. Kennedy of New York, Mr. Evans of Colorado, Ms. Schrier, Mr. Schmidt, Ms. Lofgren, Mr. Riley of New York, Mr. Garamendi, Mr. Vasquez, Ms. Perez, Mr. DesJarlais, Mr. Ivey, Mr. Bergman, Mrs. Foushee, Mr. Alford, Mr. Langworthy, Mrs. Trahan, Mr. Moore of North Carolina, Mr. Gottheimer, Mr. Edwards, Ms. Gillen, Mr. Mackenzie, Mrs. Biggs of South Carolina, Mr. Joyce of Pennsylvania, Mr. Goldman of Texas, Ms. De La Cruz, Mr. Peters, Ms. Titus, Ms. Goodlander, and Mr. Horsford
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on February 12, 2025]
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,
(a) In general.—In this Act, the term “xylazine” has the meaning given the term in paragraph (61) 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:
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:
(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—
(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 Act, or the amendments made by this Act, 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.
Section 307(i) of the Controlled Substances Act (21 U.S.C. 827(i)) is amended—
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 Act. 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—
(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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Union Calendar No. 715 |
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[Report No. 119–816, Part I]
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A BILL
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To prohibit certain uses of xylazine, and for other purposes.
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September 14, 2026
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Reported from the Committee on Energy and Commerce with an amendment
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September 14, 2026
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Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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