[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4415-S4416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2175. Ms. CORTEZ MASTO (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, 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.''.
[[Page S4416]]
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.
______