[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Pages S3254-S3255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1916. Ms. CORTEZ MASTO (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill H.R. 3935, to 
amend title 49, United States Code, to reauthorize and improve the 
Federal Aviation Administration and other civil

[[Page S3255]]

aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                 TITLE ____--COMBATING ILLICIT XYLAZINE

     SEC. ___01. SHORT TITLE.

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

     SEC. ___02. FINDINGS.

       Congress finds the following:
       (1) Illicit xylazine presents an urgent threat to public 
     health and safety.
       (2) The proliferation of xylazine as an additive to illicit 
     drugs such as fentanyl and other narcotics threatens to 
     exacerbate the opioid public health emergency.
       (3) There is currently no drug approved by the Food and 
     Drug Administration to reverse the effects of xylazine in 
     humans.
       (4) The adverse effects resulting from the use of xylazine 
     in humans, including depressed breathing and heart rate and 
     unconsciousness, necrosis, sometimes leading to amputation, 
     and other permanent physical health consequences have been 
     observed in humans using xylazine.
       (5) The spread of illicit xylazine use has followed 
     geographic patterns seen in the spread of illicit fentanyl 
     use, with proliferation encountered initially in the 
     Northeastern United States and later spreading south and 
     west.
       (6) Prompt action to control illicit xylazine will help 
     limit further proliferation of illicit xylazine, saving 
     countless lives.

     SEC. ___03. 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--
       (1) by redesignating the second paragraph (57) (relating to 
     serious drug felony) and paragraph (58) as paragraphs (58) 
     and (59), respectively; and
       (2) 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. ___04. 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. ___05. 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. ___06. 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. ___07. 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. ___08. 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.
                                 ______