I

106TH CONGRESS

1ST SESSION H. R. 2130

To amend the Controlled Substances Act to add gamma hydroxybutyric acid

and ketamine to the schedules of control substances, to provide for

a national awareness campaign, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 10, 1999

Mr. UPTON (for himself, Mr. STUPAK, Ms. JACKSON-LEE of Texas, and Mr.

BLILEY) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on the Judiciary,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To amend the Controlled Substances Act to add gamma

hydroxybutyric acid and ketamine to the schedules of

control substances, to provide for a national awareness

campaign, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hillory J. Farias Date5 Rape Prevention Drug Act of 1999’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) Gamma hydroxybutyric acid (also called G,

4 Liquid X, Ecstasy, Grievous Bodily Harm, Georgia

5 Home Boy, Scoop) has become a significant and

6 growing problem in law enforcement. At least 20

7 States have scheduled such drug in their drug laws

8 and law enforcement officials have been experiencing

9 an increased presence of the drug in driving under

10 the influence, sexual assault, and overdose cases es11 pecially at night clubs and parties.

12 (2) A behavioral depressant and a hypnotic,

13 Gamma hydroxybutyric acid is being used in con14 junction with alcohol and other drugs with detri15 mental effects in an increasing number of cases. It

16 is difficult to isolate the impact of such drug’s inges17 tion since it is so typically taken with an ever-chang18 ing array of other drugs and especially alcohol which

19 potentiates its impact.

20 (3) Gamma hydroxybutyric acid takes the same

21 path as alcohol, processes via alcohol dehydrogenase,

22 and its symptoms at high levels of intake and as im23 pact builds are comparable to alcohol ingestion/in24 toxication. Thus, aggression and violence can be ex25 pected in some individuals who use such drug.
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1 SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC ACID AND

2 KETAMINE TO SCHEDULES OF CONTROLLED

3 SUBSTANCES; GAMMA BUTYROLACTONE AS

4 ADDITIONAL LIST I CHEMICAL.

5 (a) ADDITION TO SCHEDULE I.—

6 (1) IN GENERAL.—Section 202(c) of the Con7 trolled Substances Act (21 U.S.C. 812(c)) is amend8 ed by adding at the end of schedule I the following:

9 ‘‘(d) Unless specifically excepted or unless listed in

10 another schedule, any material, compound, mixture, or

11 preparation which contains any quantity of the following

12 substances having a depressant effect on the central nerv13 ous system:

14 ‘‘(1) Gamma hydroxybutyric acid and its

15 salts.’’.

16 (2) RULE OF CONSTRUCTION.—With respect to

17 the schedules of controlled substances under section

18 202(c) of the Controlled Substances Act, the amend19 ment made by paragraph (1) may not be construed

20 as prohibiting the Attorney General from exercising

21 the authority under section 201(a) of such Act to

22 transfer gamma hydroxybutyric acid and its salts

23 from schedule I to another schedule in the event

24 that the Attorney General makes with respect to

25 such drug and its salts the findings required in sec26 tion 202(b) of such Act for such other schedule.
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1 (b) ADDITION TO SCHEDULE III.—Schedule III

2 under section 202(c) of the Controlled Substances Act (21

3 U.S.C. 812(c)) is amended in (b)—

4 (1) by redesignating (4) through (10) as (5)

5 through (11), respectively; and

6 (2) by inserting after (3) the following:

7 ‘‘(4) Ketamine and its salts, isomers, and salts

8 of isomers.’’.

9 (c) ADDITIONAL LIST I CHEMICAL.—Section 102(34)

10 of the Controlled Substances Act (21 U.S.C. 802(34)) is

11 amended—

12 (1) by redesignating subparagraph (X) as sub13 paragraph (Y); and

14 (2) by inserting after subparagraph (W) the fol15 lowing subparagraph:

16 ‘‘(X) Gamma butyrolactone.’’.

17 SEC. 4. ANNUAL REPORT REGARDING DATE-RAPE DRUGS;

18 NATIONAL AWARENESS CAMPAIGN.

19 (a) ANNUAL REPORT.—The Secretary of Health and

20 Human Services (in this section referred to as the ‘‘Sec21 retary’’) shall periodically submit to the Congress reports

22 each of which provides an estimate of the number of inci23 dents of the abuse of date-rape drugs (as defined in sub24 section (c)) that occurred during the most recent one-year

25 period for which data are available. The first such report
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1 shall be submitted not later than January 15, 2000, and

2 subsequent reports shall be submitted annually thereafter.

3 (b) NATIONAL AWARENESS CAMPAIGN.—

4 (1) DEVELOPMENT OF PLAN; RECOMMENDA5 TIONS OF ADVISORY COMMITTEE.—

6 (A) IN GENERAL.—The Secretary, in con7 sultation with the Attorney General, shall de8 velop a plan for carrying out a national cam9 paign to educate individuals described in sub10 paragraph (B) on the following:

11 (i) The dangers of date-rape drugs.

12 (ii) The applicability of the Controlled

13 Substances Act to such drugs, including

14 penalties under such Act.

15 (iii) Recognizing the symptoms that

16 indicate an individual may be a victim of

17 such drugs, including symptoms with re18 spect to sexual assault.

19 (iv) Appropriately responding when an

20 individual has such symptoms.

21 (B) INTENDED POPULATION.—The individ22 uals referred to in subparagraph (A) are young

23 adults, youths, law enforcement personnel, edu24 cators, school nurses, counselors of rape vic-
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1 tims, and emergency room personnel in hos2 pitals.

3 (C) ADVISORY COMMITTEE.—Not later

4 than 180 days after the date of the enactment

5 of this Act, the Secretary shall establish an ad6 visory committee to make recommendations to

7 the Secretary regarding the plan under sub8 paragraph (A). The committee shall be com9 posed of individuals who collectively possess ex10 pertise on the effects of date-rape drugs and on

11 detecting and controlling the drugs.

12 (2) IMPLEMENTATION OF PLAN.—Not later

13 than 180 days after the date on which the advisory

14 committee under paragraph (1) is established, the

15 Secretary, in consultation with the Attorney General,

16 shall commence carrying out the national campaign

17 under such paragraph in accordance with the plan

18 developed under such paragraph. The campaign may

19 be carried out directly by the Secretary and through

20 grants and contracts.

21 (3) EVALUATION BY GENERAL ACCOUNTING OF22 FICE.—Not later than two years after the date on

23 which the national campaign under paragraph (1) is

24 commenced, the Comptroller General of the United

25 States shall submit to the Congress an evaluation of
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1 the effects with respect to date-rape drugs of the na2 tional campaign.

3 (c) DEFINITION.—For purposes of this section, the

4 term ‘‘date-rape drugs’’ means gamma hydroxybutyric

5 acid and its salts and such other drugs or substances as

6 the Secretary, after consultation with the Attorney Gen7 eral, determines to be appropriate.

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