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