Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB545 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 545
5	5	To prohibit certain uses of xylazine, and for other purposes.
6	6	IN THE SENATE OF THE UNITED STATES
7	7	FEBRUARY12, 2025
8	8	Ms. C
9	9	ORTEZMASTO(for herself, Mr. GRASSLEY, Ms. HASSAN, Mrs. GILLI-
10	10	BRAND, Mrs. HYDE-SMITH, Ms. CANTWELL, Mr. SCOTTof Florida, Mrs.
11	11	S
12	12	HAHEEN, Ms. KLOBUCHAR, Mrs. BRITT, Mrs. CAPITO, Mr. YOUNG, Mr.
13	13	K
14	14	ELLY, Mr. KAINE, Mr. RISCH, Ms. ROSEN, Mr. BLUMENTHAL, Mr.
15	15	L
16	16	UJA´N, and Mr. WICKER) introduced the following bill; which was read
17	17	twice and referred to the Committee on the Judiciary
18	18	A BILL
19	19	To prohibit certain uses of xylazine, and for other purposes.
20	20	Be it enacted by the Senate and House of Representa-1
21	21	tives of the United States of America in Congress assembled, 2
22	22	SECTION 1. SHORT TITLE. 3
23	23	This title may be cited as the ‘‘Combating Illicit 4
24	24	Xylazine Act’’. 5
25	25	SEC. 2. DEFINITIONS. 6
26	26	(a) I
27	27	NGENERAL.—In this title, the term ‘‘xylazine’’ 7
28	28	has the meaning given the term in paragraph (60) of sec-8
29	29	tion 102 of the Controlled Substances Act, as added by 9
30	30	subsection (b) of this section. 10
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34	34	(b) CONTROLLEDSUBSTANCESACT.—Section 102 of 1
35	35	the Controlled Substances Act (21 U.S.C. 802) is amend-2
36	36	ed by adding at the end the following: 3
37	37	‘‘(60) The term ‘xylazine’ means the substance 4
38	38	xylazine, including its salts, isomers, and salts of isomers 5
39	39	whenever the existence of such salts, isomers, and salts 6
40	40	of isomers is possible.’’. 7
41	41	SEC. 3. ADDING XYLAZINE TO SCHEDULE III. 8
42	42	Schedule III of section 202(c) of the Controlled Sub-9
43	43	stances Act (21 U.S.C. 812) is amended by adding at the 10
44	44	end the following: 11
45	45	‘‘(f) Unless specifically excepted or unless listed in 12
46	46	another schedule, any material, compound, mixture, or 13
47	47	preparation which contains any quantity of xylazine.’’. 14
48	48	SEC. 4. AMENDMENTS. 15
49	49	(a) A
50	50	MENDMENT.—Section 102 of the Controlled 16
51	51	Substances Act (21 U.S.C. 802) is amended by striking 17
52	52	paragraph (27) and inserting the following: 18
53	53	‘‘(27)(A) Except as provided in subparagraph (B), 19
54	54	the term ‘ultimate user’ means a person who has lawfully 20
55	55	obtained, and who possesses, a controlled substance for 21
56	56	the use by the person or for the use of a member of the 22
57	57	household of the person or for an animal owned by the 23
58	58	person or by a member of the household of the person. 24
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62	62	‘‘(B)(i) In the case of xylazine, other than for a drug 1
63	63	product approved under subsection (b) or (j) of section 2
64	64	505 of the Federal Food, Drug, and Cosmetic Act (21 3
65	65	U.S.C. 355), the term ‘ultimate user’ means a person— 4
66	66	‘‘(I) to whom xylazine was dispensed by— 5
67	67	‘‘(aa) a veterinarian registered under this 6
68	68	Act; or 7
69	69	‘‘(bb) a pharmacy registered under this 8
70	70	Act pursuant to a prescription of a veterinarian 9
71	71	registered under this Act; and 10
72	72	‘‘(II) who possesses xylazine for— 11
73	73	‘‘(aa) an animal owned by the person or by 12
74	74	a member of the household of the person; 13
75	75	‘‘(bb) an animal under the care of the per-14
76	76	son; 15
77	77	‘‘(cc) use in government animal-control 16
78	78	programs authorized under applicable Federal, 17
79	79	State, Tribal, or local law; or 18
80	80	‘‘(dd) use in wildlife programs authorized 19
81	81	under applicable Federal, State, Tribal, or local 20
82	82	law. 21
83	83	‘‘(ii) In this subparagraph, the term ‘person’ in-22
84	84	cludes— 23
85	85	‘‘(I) a government agency or business where 24
86	86	animals are located; and 25
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90	90	‘‘(II) an employee or agent of an agency or 1
91	91	business acting within the scope of their employment 2
92	92	or agency.’’. 3
93	93	(b) F
94	94	ACILITIES.—An entity that manufactures 4
95	95	xylazine, as of the date of enactment of this Act, shall 5
96	96	not be required to make capital expenditures necessary to 6
97	97	install the security standard required of schedule III of 7
98	98	the Controlled Substances Act (21 U.S.C. 801 et seq.) for 8
99	99	the purposes of manufacturing xylazine. 9
100	100	(c) L
101	101	ABELING.—The requirements related to label-10
102	102	ing, packaging, and distribution logistics of a controlled 11
103	103	substance in schedule III of section 202(c) of the Con-12
104	104	trolled Substances Act (21 U.S.C. 812(c)) shall not take 13
105	105	effect for xylazine until the date that is 1 year after the 14
106	106	date of enactment of this Act. 15
107	107	(d) P
108	108	RACTITIONERREGISTRATION.—The require-16
109	109	ments related to practitioner registration, inventory, and 17
110	110	recordkeeping of a controlled substance in schedule III of 18
111	111	section 202(c) of the Controlled Substances Act (21 19
112	112	U.S.C. 812(c)) shall not take effect for xylazine until the 20
113	113	date that is 60 days after the date of enactment of this 21
114	114	Act. A practitioner that has applied for registration during 22
115	115	the 60-day period beginning on the date of enactment of 23
116	116	this Act may continue their lawful activities until such ap-24
117	117	plication is approved or denied. 25
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121	121	(e) MANUFACTURER TRANSITION.—The Food and 1
122	122	Drug Administration and the Drug Enforcement Adminis-2
123	123	tration shall facilitate and expedite the relevant manufac-3
124	124	turer submissions or applications required by the place-4
125	125	ment of xylazine on schedule III of section 202(c) of the 5
126	126	Controlled Substances Act (21 U.S.C. 812(c)). 6
127	127	(f) C
128	128	LARIFICATION.—Nothing in this title, or the 7
129	129	amendments made by this title, shall be construed to re-8
130	130	quire the registration of an ultimate user of xylazine under 9
131	131	the Controlled Substances Act (21 U.S.C. 801 et seq.) in 10
132	132	order to possess xylazine in accordance with subparagraph 11
133	133	(B) of section 102(27) of that Act (21 U.S.C. 802(27)), 12
134	134	as added by subsection (a) of this section. 13
135	135	SEC. 5. ARCOS TRACKING. 14
136	136	Section 307(i) of the Controlled Substances Act (21 15
137	137	U.S.C. 827(i)) is amended— 16
138	138	(1) in the matter preceding paragraph (1)— 17
139	139	(A) by inserting ‘‘or xylazine’’ after 18
140	140	‘‘gamma hydroxybutyric acid’’; 19
141	141	(B) by inserting ‘‘or 512’’ after ‘‘section 20
142	142	505’’; and 21
143	143	(C) by inserting ‘‘respectively,’’ after ‘‘the 22
144	144	Federal Food, Drug, and Cosmetic Act,’’; and 23
145	145	(2) in paragraph (6), by inserting ‘‘or xylazine’’ 24
146	146	after ‘‘gamma hydroxybutyric acid’’. 25
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150	150	SEC. 6. SENTENCING COMMISSION. 1
151	151	Pursuant to its authority under section 994(p) of title 2
152	152	28, United States Code, the United States Sentencing 3
153	153	Commission shall review and, if appropriate, amend its 4
154	154	sentencing guidelines, policy statements, and official com-5
155	155	mentary applicable to persons convicted of an offense 6
156	156	under section 401 of the Controlled Substances Act (21 7
157	157	U.S.C. 841) or section 1010 of the Controlled Substances 8
158	158	Import and Export Act (21 U.S.C. 960) to provide appro-9
159	159	priate penalties for offenses involving xylazine that are 10
160	160	consistent with the amendments made by this title. In car-11
161	161	rying out this section, the Commission should consider the 12
162	162	common forms of xylazine as well as its use alongside 13
163	163	other scheduled substances. 14
164	164	SEC. 7. REPORT TO CONGRESS ON XYLAZINE. 15
165	165	(a) I
166	166	NITIALREPORT.—Not later than 18 months 16
167	167	after the date of the enactment of this Act, the Attorney 17
168	168	General, acting through the Administrator of the Drug 18
169	169	Enforcement Administration and in coordination with the 19
170	170	Commissioner of Food and Drugs, shall submit to Con-20
171	171	gress a report on the prevalence of illicit use of xylazine 21
172	172	in the United States and the impacts of such use, includ-22
173	173	ing— 23
174	174	(1) where the drug is being diverted; 24
175	175	(2) where the drug is originating; and 25
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179	179	(3) whether any analogues to xylazine, or re-1
180	180	lated or derivative substances, exist and present a 2
181	181	substantial risk of abuse. 3
182	182	(b) A
183	183	DDITIONALREPORT.—Not later than 4 years 4
184	184	after the date of the enactment of this Act, the Attorney 5
185	185	General, acting through the Administrator of the Drug 6
186	186	Enforcement Administration and in coordination with the 7
187	187	Commissioner of Food and Drugs, shall submit to Con-8
188	188	gress a report updating Congress on the prevalence and 9
189	189	proliferation of xylazine trafficking and misuse in the 10
190	190	United States. 11
191	191	Æ
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