,,ii #aaith ,,congress #ast ,session ,s4 #ede ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbe,ms4 ,cortez ,masto 7for herself1 ,mr4 ,grassley1 ,ms4 ,hassan1 ,mrs4 ,gillibrand1 ,mrs4 ,hyde-,smith1 ,ms4 ,cantwell1 ,mr4 ,scott of ,florida1 ,mrs4 ,shaheen1 ,ms4 ,klobuchar1 ,mrs4 ,britt1 ,mrs4 ,capito1 ,mr4 ,young1 ,mr4 ,kelly1 ,mr4 ,kaine1 ,mr4 ,risch1 ,ms4 ,rosen1 ,mr4 ,blumenthal1 ,mr4 ,lujn1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit certain uses of xylazine1 and for other purposes4 #a4 ,short title ,this title may be cited as the ,combating ,illicit ,xylazine ,act4 #b4 ,definitions 7a7 ,in general ,in this title1 the term xylazine has the meaning given the term in paragraph 7#fj7 of section #ajb of the ,controlled ,substances ,act1 as added by subsection 7b7 of this section4 7b7 ,controlled substances act ,section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 is amended by adding at the end the following3 7#fj7 ,the term xylazine means the substance xylazine1 including its salts1 isomers1 and salts of isomers whenever the existence of such salts1 isomers1 and salts of isomers is possible4 4 #c4 ,adding xylazine to schedule ,,iii ,schedule ,,iii of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 is amended by adding at the end the following3 7f7 ,unless specifically excepted or unless listed in another schedule1 any material1 compound1 mixture1 or preparation which contains any quantity of xylazine4 4 #d4 ,amendments 7a7 ,amendment ,section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 is amended by striking paragraph 7#bg7 and inserting the following3 7#bg7 7,a7 ,except as provided in subparagraph 7,b71 the term ultimate user means a person who has lawfully obtained1 and who possesses1 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 person4 7,b7 7i7 ,in the case of xylazine1 other than for a drug product approved under subsection 7b7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee71 the term ultimate user means a person-- 7,i7 to whom xylazine was dispensed by-- 7aa7 a veterinarian registered under this ,act2 or 7bb7 a pharmacy registered under this ,act pursuant to a prescription of a veterinarian registered under this ,act2 and 7,,ii7 who possesses xylazine for-- 7aa7 an animal owned by the person or by a member of the household of the person2 7bb7 an animal under the care of the person2 7cc7 use in government animal-control programs authorized under applicable ,federal1 ,state1 ,tribal1 or local law2 or 7dd7 use in wildlife programs authorized under applicable ,federal1 ,state1 ,tribal1 or local law4 7ii7 ,in this subparagraph1 the term person includes-- 7,i7 a government agency or business where animals are located2 and 7,,ii7 an employee or agent of an agency or business acting within the scope of their employment or agency4 4 7b7 ,facilities ,an entity that manufactures xylazine1 as of the date of enactment of this ,act1 shall not be required to make capital expenditures necessary to install the security standard required of schedule ,,iii of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 for the purposes of manufacturing xylazine4 7c7 ,labeling ,the requirements related to labeling1 packaging1 and distribution logistics of a controlled substance in schedule ,,iii of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c77 shall not take effect for xylazine until the date that is #a year after the date of enactment of this ,act4 7d7 ,practitioner registration ,the requirements related to practitioner registration1 inventory1 and recordkeeping of a controlled substance in schedule ,,iii of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c77 shall not take effect for xylazine until the date that is #fj days after the date of enactment of this ,act4 ,a practitioner that has applied for registration during the #fj-;day period beginning on the date of enactment of this ,act may continue their lawful activities until such application is approved or denied4 7e7 ,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 #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7;c774 7f7 ,clarification ,nothing in this title1 or the amendments made by this title1 shall be construed to require the registration of an ultimate user of xylazine under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 in order to possess xylazine in accordance with subparagraph 7,b7 of section #ajb7bg7 of that ,act 7#ba ,u4,s4,c4 #hjb7bg771 as added by subsection 7a7 of this section4 #e4 ,arcos tracking ,section #cjg7;i7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbg7;i77 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by inserting or xylazine after gamma hydroxybutyric acid2 7,b7 by inserting or #eab after section #eje2 and 7,c7 by inserting respectively1 after the ,federal ,food1 ,drug1 and ,cosmetic ,act12 and 7#b7 in paragraph 7#f71 by inserting or xylazine after gamma hydroxybutyric acid4 #f4 ,sentencing ,commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and1 if appropriate1 amend its sentencing guidelines1 policy statements1 and official commentary applicable to persons convicted of an offense under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 or section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 to provide appropriate penalties for offenses involving xylazine that are consistent with the amendments made by this title4 ,in carrying out this section1 the ,commission should consider the common forms of xylazine as well as its use alongside other scheduled substances4 #g4 ,report to ,congress on xylazine 7a7 ,initial report ,not later than #ah months after the date of the enactment of this ,act1 the ,attorney ,general1 acting through the ,administrator of the ,drug ,enforcement ,administration and in coordination with the ,commissioner of ,food and ,drugs1 shall submit to ,congress a report on the prevalence of illicit use of xylazine in the ,united ,states and the impacts of such use1 including-- 7#a7 where the drug is being diverted2 7#b7 where the drug is originating2 and 7#c7 whether any analogues to xylazine1 or related or derivative substances1 exist and present a substantial risk of abuse4 7b7 ,additional report ,not later than #d years after the date of the enactment of this ,act1 the ,attorney ,general1 acting through the ,administrator of the ,drug ,enforcement ,administration and in coordination with the ,commissioner of ,food and ,drugs1 shall submit to ,congress a report updating ,congress on the prevalence and proliferation of xylazine trafficking and misuse in the ,united ,states4