Combating Illicit Xylazine Act

Subjects: Crime and Law Enforcement, Congressional oversight, Criminal procedure and sentencing, Drug trafficking and controlled substances, Manufacturing, Retail and wholesale trades, Veterinary medicine and animal diseases


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 993 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 993

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2023

  Ms. Cortez Masto (for herself, Mr. Grassley, Ms. Hassan, Mr. Risch, 
 Mrs. Shaheen, Mrs. Capito, Mr. Marshall, and Mr. Manchin) 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 Act may be cited as the ``Combating Illicit Xylazine Act''.

SEC. 2. 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 physical effects of use of xylazine in humans can 
        include depressed breathing and heart rate, unconsciousness, 
        and necrosis, sometimes leading to amputation or other 
        permanent physical health consequences.
            (5) The spread of illicit xylazine use has followed 
        geographic patterns seen in the spread of recreational fentanyl 
        use, with proliferation beginning 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. 3. DEFINITIONS.

    (a) In General.--In this Act, 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 any of the following substances, 
including their salts, isomers, and salts of isomers whenever the 
existence of such salts, isomers, and salts of isomers is possible 
within the specific chemical designation:
            ``(A) Xylazine.
            ``(B) Xylazine-M (2,6Mich dimethylaniline).
            ``(C) Xylazine-M (N-thiourea-2,6-dimethylaniline).
            ``(D) Xylazine-M (sulfone-HO-) isomer 2.
            ``(E) Xylazine-M (HO-2,6-dimethylaniline isomer 1).
            ``(F) Xylazine-M (HO-2,6-dimethylaniline isomer 2).
            ``(G) Xylazine M (oxo-).
            ``(H) Xylazine-M (HO-) isomer 1.
            ``(I) Xylazine-M (HO-) isomer 1 glucuronide.
            ``(J) Xylazine-M (HO-) isomer 2.
            ``(K) Xylazine-M (HO-) isomer 2 glucuronide.
            ``(L) Xylazine-M (HO-oxo-) isomer 1.
            ``(M) Xylazine-M (HO-oxo-) isomer 1 glucuronide.
            ``(N) Xylazine-M (HO-oxo-) isomer 2.
            ``(O) Xylazine-M (HO-oxo-) isomer 2 glucuronide.
            ``(P) Xylazine-M (sulfone).
            ``(Q) Xylazine-M (sulfone-HO-) isomer 1.
            ``(R) Any compound, mixture, or preparation which contains 
        any quantity of any of the substances referred to in 
        subparagraphs (A) through (Q).''.

SEC. 4. UNLAWFUL DISTRIBUTION AND PENALTIES RELATING TO XYLAZINE.

    (a) Prohibited Acts A--Penalties.--
            (1) Controlled substances act.--Section 401 of the 
        Controlled Substances Act (21 U.S.C. 841) is amended--
                    (A) in subsection (a)(1), by inserting ``or 
                xylazine for illicit uses under section 424'' after 
                ``controlled substance''; and
                    (B) in subsection (b)(1)(E)(i), by inserting ``or 
                unlawful distribution of xylazine for illicit uses 
                under section 424'' after ``schedule III''.
            (2) Controlled substances import and export act.--Section 
        1010 of the Controlled Substances Import and Export Act (21 
        U.S.C. 960) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting ``or 
                        xylazine for illicit uses under section 424'' 
                        after ``controlled substance'';
                            (ii) in paragraph (2), by inserting ``or 
                        xylazine for illicit uses under section 424'' 
                        after ``controlled substance''; and
                            (iii) in paragraph (3), by inserting ``or 
                        xylazine for illicit uses under section 424'' 
                        after ``controlled substance''; and
                    (B) in subsection (b)(5), by inserting ``or the 
                unlawful distribution of xylazine for illicit uses 
                under section 424'' after ``schedule III''.
    (b) Illicit Use and Distribution.--Part D of the Controlled 
Substances Act (21 U.S.C. 401 et seq.) is amended by adding at the end 
the following:

``SEC. 424. ILLICIT USE AND DISTRIBUTION OF XYLAZINE.

    ``(a) Illicit Use.--It is unlawful for any person to engage in any 
of the following illicit uses of xylazine:
            ``(1) Any use in the human species.
            ``(2) Any use that is not a licit use.
    ``(b) Licit Use.--Licit use of xylazine means--
            ``(1) any administration to nonhuman species--
                    ``(A) of a drug containing xylazine that has been 
                approved by the Secretary of Health and Human Services 
                under section 512 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 360b); or
                    ``(B) that is permissible under section 512(a)(4) 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360b(a)(4));
            ``(2) the manufacturing, importation, or use of xylazine as 
        an active pharmaceutical ingredient for manufacturing an animal 
        drug approved under section 512 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 360b) or issued an investigation use 
        exemption under subsection (j) of such section 512;
            ``(3) the manufacturing, importation, or use of a xylazine 
        bulk chemical for pharmaceutical compounding by licensed 
        pharmacists or veterinarians; or
            ``(4) another use approved or permissible under the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).''.

SEC. 5. ARCOS TRACKING.

    Section 307(i) of the Controlled Substances Act (21 U.S.C. 827) 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. REPORT TO CONGRESS ON XYLAZINE.

    (a) Initial Report.--Not later than 1 year 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;
            (3) whether any analogues to such drug present a 
        substantial risk of abuse;
            (4) whether and to what extent the illicit supply of 
        xylazine derives from the licit supply chain; and
            (5) recommendations for Congress with respect to whether 
        xylazine should be transferred to another schedule under part B 
        of the Controlled Substances Act (21 U.S.C. 811 et seq.).
    (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 of xylazine 
trafficking, misuse, and proliferation in the United States, including 
recommendations for Congress with respect to whether xylazine should be 
transferred to another schedule under part B of the Controlled 
Substances Act (21 U.S.C. 811 et seq.) or removed from schedule III of 
such part.
    (c) Definition.--In this section, the term ``illicit use'' means 
any use described in section 424 of the Controlled Substances Act, as 
added by section 3 of this Act.

SEC. 7. DECLARATION OF EMERGING THREAT.

    Congress declares illicit xylazine use an emerging drug threat, as 
defined in section 702 of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1701), in the United States.
                                 &lt;all&gt;
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