In the Senate of the United States,

November 19, 1999.

Resolved, That the bill from the House of Representatives (H.R. 2130) entitled ‘‘An Act to amend the Controlled

Substances Act to add gamma hydroxybutyric acid and

ketamine to the schedules of controlled substances, to provide

for a national awareness campaign, and for other purposes.’’,

do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Hillory J. Farias and

3 Samantha Reid Date-Rape Drug Prohibition Act of 1999’’.

4 SEC. 2. FINDINGS.

5 Congress finds as follows:

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

7 Liquid X, Liquid Ecstasy, Grievous Bodily Harm,

8 Georgia Home Boy, Scoop) has become a significant

9 and growing problem in law enforcement. At least 20
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1 States have scheduled such drug in their drug laws

2 and law enforcement officials have been experiencing

3 an increased presence of the drug in driving under

4 the influence, sexual assault, and overdose cases espe5 cially at night clubs and parties.

6 (2) A behavioral depressant and a hypnotic,

7 gamma hydroxybutyric acid (‘‘GHB’’) is being used

8 in conjunction with alcohol and other drugs with det9 rimental effects in an increasing number of cases. It

10 is difficult to isolate the impact of such drug’s inges11 tion since it is so typically taken with an ever-chang12 ing array of other drugs and especially alcohol which

13 potentiates its impact.

14 (3) GHB takes the same path as alcohol, proc15 esses via alcohol dehydrogenase, and its symptoms at

16 high levels of intake and as impact builds are com17 parable to alcohol ingestion/intoxication. Thus, ag18 gression and violence can be expected in some individ19 uals who use such drug.

20 (4) If taken for human consumption, common

21 industrial chemicals such as gamma butyrolactone

22 and 1.4-butanediol are swiftly converted by the body

23 into GHB. Illicit use of these and other GHB ana24 logues and precursor chemicals is a significant and

25 growing law enforcement problem.
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1 (5) A human pharmaceutical formulation of

2 gamma hydroxybutyric acid is being developed as a

3 treatment for cataplexy, a serious and debilitating

4 disease. Cataplexy, which causes sudden and total loss

5 of muscle control, affects about 65 percent of the esti6 mated 180,000 Americans with narcolepsy, a sleep

7 disorder. People with cataplexy often are unable to

8 work, drive a car, hold their children or live a normal

9 life.

10 (6) Abuse of illicit GHB is an imminent hazard

11 to public safety that requires immediate regulatory

12 action under the Controlled Substances Act (21

13 U.S.C. 801 et seq.).

14 SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXY15 BUTYRIC ACID AND LISTING OF GAMMA BU16 TYROLACTONE AS LIST I CHEMICAL.

17 (a) EMERGENCY SCHEDULING OF GHB.—

18 (1) IN GENERAL.—The Congress finds that the

19 abuse of illicit gamma hydroxybutyric acid is an im20 minent hazard to the public safety. Accordingly, the

21 Attorney General, notwithstanding sections 201(a),

22 201(b), 201(c), and 202 of the Controlled Substances

23 Act, shall issue, not later than 60 days after the date

24 of the enactment of this Act, a final order that sched25 ules such drug (together with its salts, isomers, and
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1 salts of isomers) in the same schedule under section

2 202(c) of the Controlled Substances Act as would

3 apply to a scheduling of a substance by the Attorney

4 General under section 201(h)(1) of such Act (relating

5 to imminent hazards to the public safety), except as

6 follows:

7 (A) For purposes of any requirements that

8 relate to the physical security of registered man9 ufacturers and registered distributors, the final

10 order shall treat such drug, when the drug is

11 manufactured, distributed, or possessed in ac12 cordance with an exemption under section 505(i)

13 of the Federal Food, Drug, and Cosmetic Act

14 (whether the exemption involved is authorized be15 fore, on, or after the date of the enactment of this

16 Act), as being in the same schedule as that rec17 ommended by the Secretary of Health and

18 Human Services for the drug when the drug is

19 the subject of an authorized investigational new

20 drug application (relating to such section

21 505(i)). The recommendation referred to in the

22 preceding sentence is contained in the first para23 graph of the letter transmitted on May 19, 1999,

24 by such Secretary (acting through the Assistant

25 Secretary for Health) to the Attorney General
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1 (acting through the Deputy Administrator of the

2 Drug Enforcement Administration), which letter

3 was in response to the letter transmitted by the

4 Attorney General (acting through such Deputy

5 Administrator) on September 16, 1997. In pub6 lishing the final order in the Federal Register,

7 the Attorney General shall publish a copy of the

8 letter that was transmitted by the Secretary of

9 Health and Human Services.

10 (B) In the case of gamma hydroxybutyric

11 acid that is contained in a drug product for

12 which an application is approved under section

13 505 of the Federal Food, Drug, and Cosmetic Act

14 (whether the application involved is approved be15 fore, on, or after the date of the enactment of this

16 Act), the final order shall schedule such drug in

17 the same schedule as that recommended by the

18 Secretary of Health and Human Services for au19 thorized formulations of the drug. The rec20 ommendation referred to in the preceding sen21 tence is contained in the last sentence of the

22 fourth paragraph of the letter referred to in sub23 paragraph (A) with respect to May 19, 1999.

24 (2) FAILURE TO ISSUE ORDER.—If the final

25 order is not issued within the period specified in
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1 paragraph (1), gamma hydroxybutyric acid (together

2 with its salts, isomers, and salts of isomers) is deemed

3 to be scheduled under section 202(c) of the Controlled

4 Substances Act in accordance with the policies de5 scribed in paragraph (1), as if the Attorney General

6 had issued a final order in accordance with such

7 paragraph.

8 (b) ADDITIONAL PENALTIES RELATING TO GHB.—

9 (1) CONTROLLED SUBSTANCES ACT.—

10 (A) IN GENERAL.—Section 401(b)(1)(C) of

11 the Controlled Substances Act (21 U.S.C.

12 841(b)(1)(C)) is amended in the first sentence by

13 inserting after ‘‘schedule I or II,’’ the following:

14 ‘‘gamma hydroxybutyric acid (including when

15 scheduled as an approved drug product for pur16 poses of section 3(a)(1)(B) of the Hillory J.

17 Farias and Samantha Reid Date-Rape Drug

18 Prohibition Act of 1999),’’.

19 (B) CONFORMING AMENDMENT.—Section

20 401(b)(1)(D) of the Controlled Substances Act

21 (21 U.S.C. 841(b)(1)(D)) is amended by striking

22 ‘‘, or 30’’ and inserting ‘‘(other than gamma hy23 droxybutyric acid), or 30’’.

24 (2) CONTROLLED SUBSTANCES IMPORT AND EX25 PORT ACT.—
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1 (A) IN GENERAL.—Section 1010(b)(3) of the

2 Controlled Substances Import and Export Act

3 (21 U.S.C. 960(b)(3)) is amended in the first

4 sentence by inserting after ‘‘I or II,’’ the fol5 lowing: ‘‘gamma hydroxybutyric acid (including

6 when scheduled as an approved drug product for

7 purposes of section 3(a)(1)(B) of the Hillory J.

8 Farias and Samantha Reid Date-Rape Drug

9 Prohibition Act of 1999),’’.

10 (B) CONFORMING AMENDMENT.—Section

11 1010(b)(4) of the Controlled Substances Import

12 and Export Act (21 U.S.C. 960(b)(4)) is amend13 ed by striking ‘‘flunitrazepam)’’ and inserting

14 the following: ‘‘flunitrazepam and except a viola15 tion involving gamma hydroxybutyric acid)’’.

16 (c) GAMMA BUTYROLACTONE AS ADDITIONAL LIST I

17 CHEMICAL.—Section 102(34) of the Controlled Substances

18 Act (21 U.S.C. 802(34)) is amended—

19 (1) by redesignating subparagraph (X) as sub20 paragraph (Y); and

21 (2) by inserting after subparagraph (W) the fol22 lowing subparagraph:

23 ‘‘(X) Gamma butyrolactone.’’.
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1 SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING RE2 QUIREMENTS FOR GAMMA HYDROXYBUTYRIC

3 PRODUCTS IN SCHEDULE III.

4 Section 307 of the Controlled Substances Act (21

5 U.S.C. 827) is amended by adding at the end the following:

6 ‘‘(h) In the case of a drug product containing gamma

7 hydroxybutyric acid for which an application has been ap8 proved under section 505 of the Federal Food, Drug, and

9 Cosmetic Act, the Attorney General may, in addition to any

10 other requirements that apply under this section with re11 spect to such a drug product, establish any of the following

12 as reporting requirements:

13 ‘‘(1) That every person who is registered as a

14 manufacturer of bulk or dosage form, as a packager,

15 repackager, labeler, relabeler, or distributor shall re16 port acquisition and distribution transactions quar17 terly, not later than the 15th day of the month suc18 ceeding the quarter for which the report is submitted,

19 and annually report end-of-year inventories.

20 ‘‘(2) That all annual inventory reports shall be

21 filed no later than January 15 of the year following

22 that for which the report is submitted and include

23 data on the stocks of the drug product, drug sub24 stance, bulk drug, and dosage forms on hand as of the

25 close of business December 31, indicating whether ma-
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1 terials reported are in storage or in process of manu2 facturing.

3 ‘‘(3) That every person who is registered as a

4 manufacturer of bulk or dosage form shall report all

5 manufacturing transactions both inventory increases,

6 including purchases, transfers, and returns, and re7 ductions from inventory, including sales, transfers,

8 theft, destruction, and seizure, and shall provide data

9 on material manufactured, manufactured from other

10 material, use in manufacturing other material, and

11 use in manufacturing dosage forms.

12 ‘‘(4) That all reports under this section must in13 clude the registered person’s registration number as

14 well as the registration numbers, names, and other

15 identifying information of vendors, suppliers, and

16 customers, sufficient to allow the Attorney General to

17 track the receipt and distribution of the drug.

18 ‘‘(5) That each dispensing practitioner shall

19 maintain for each prescription the name of the pre20 scribing practitioner, the prescribing practitioner’s

21 Federal and State registration numbers, with the ex22 piration dates of these registrations, verification that

23 the prescribing practitioner possesses the appropriate

24 registration to prescribe this controlled substance, the

25 patient’s name and address, the name of the patient’s
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1 insurance provider and documentation by a medical

2 practitioner licensed and registered to prescribe the

3 drug of the patient’s medical need for the drug. Such

4 information shall be available for inspection and

5 copying by the Attorney General.

6 ‘‘(6) That section 310(b)(3) (relating to mail

7 order reporting) applies with respect to gamma hy8 droxybutyric acid to the same extent and in the same

9 manner as such section applies with respect to the

10 chemicals and drug products specified in subpara11 graph (A)(i) of such section.’’.

12 SEC. 5. CONTROLLED SUBSTANCES ANALOGUES.

13 (a) RULE OF CONSTRUCTION REGARDING CON14 TROLLED SUBSTANCE ANALOGUES.—Section 102(32) of the

15 Controlled Substances Act (21 U.S.C. 802(32)) is

16 amended—

17 (1) in subparagraph (A), by striking ‘‘subpara18 graph (B)’’ and inserting ‘‘subparagraph (C)’’;

19 (2) by redesignating subparagraph (B) as sub20 paragraph (C); and

21 (3) by inserting after subparagraph (A) the fol22 lowing new subparagraph (B):

23 ‘‘(B) The designation of gamma butyrolactone or any

24 other chemical as a listed chemical pursuant to paragraph

25 (34) or (35) does not preclude a finding pursuant to sub-
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1 paragraph (A) of this paragraph that the chemical is a con2 trolled substance analogue.’’.

3 (b) DISTRIBUTION WITH INTENT TO COMMIT CRIME

4 OF VIOLENCE.—Section 401(b)(7)(A) of the Controlled Sub5 stances Act (21 U.S.C. 841(b)(7)(A)) is amended by insert6 ing ‘‘or controlled substance analogue’’ after ‘‘distributing

7 a controlled substance’’.

8 SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING

9 MATERIALS, FORENSIC FIELD TESTS, AND CO10 ORDINATION MECHANISM FOR INVESTIGA11 TIONS AND PROSECUTIONS RELATING TO

12 GAMMA HYDROXYBUTYRIC ACID, OTHER CON13 TROLLED SUBSTANCES, AND DESIGNER

14 DRUGS.

15 (a) IN GENERAL.— The Attorney General, in consulta16 tion with the Administrator of the Drug Enforcement Ad17 ministration and the Director of the Federal Bureau of In18 vestigation, shall—

19 (1) develop—

20 (A) model protocols for the collection of toxi21 cology specimens and the taking of victim state22 ments in connection with investigations into and

23 prosecutions related to possible violations of the

24 Controlled Substances Act or other Federal or

25 State laws that result in or contribute to rape,
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1 other crimes of violence, or other crimes involv2 ing abuse of gamma hydroxybutyric acid, other

3 controlled substances, or so-called ‘‘designer

4 drugs’’; and

5 (B) model training materials for law en6 forcement personnel involved in such investiga7 tions; and

8 (2) make such protocols and training materials

9 available to Federal, State, and local personnel re10 sponsible for such investigations.

11 (b) GRANT.—

12 (1) IN GENERAL.—The Attorney General shall

13 make a grant, in such amount and to such public or

14 private person or entity as the Attorney General con15 siders appropriate, for the development of forensic

16 field tests to assist law enforcement officials in detect17 ing the presence of gamma hydroxybutyric acid and

18 related substances.

19 (2) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated such sums as

21 may be necessary to carry out this subsection.

22 (c) REPORT.—Not later than 180 days after the date

23 of the enactment of this Act, the Attorney General shall sub24 mit to the Committees on the Judiciary of the Senate and

25 House of Representatives a report on current mechanisms
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1 for coordinating Federal, State, and local investigations

2 into and prosecutions related to possible violations of the

3 Controlled Substances Act or other Federal or State laws

4 that result in or contribute to rape, other crimes of violence,

5 or other crimes involving the abuse of gamma hydroxy6 butyric acid, other controlled substances, or so-called ‘‘de7 signer drugs’’. The report shall also include recommenda8 tions for the improvement of such mechanisms.

9 SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE DRUGS;

10 NATIONAL AWARENESS CAMPAIGN.

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

12 Human Services (in this section referred to as the ‘‘Sec13 retary’’) shall periodically submit to Congress reports each

14 of which provides an estimate of the number of incidents

15 of the abuse of date-rape drugs (as defined in subsection

16 (c)) that occurred during the most recent one-year period

17 for which data are available. The first such report shall be

18 submitted not later than January 15, 2000, and subsequent

19 reports shall be submitted annually thereafter.

20 (b) NATIONAL AWARENESS CAMPAIGN.—

21 (1) DEVELOPMENT OF PLAN; RECOMMENDATIONS

22 OF ADVISORY COMMITTEE.—

23 (A) IN GENERAL.—The Secretary, in con24 sultation with the Attorney General, shall de25 velop a plan for carrying out a national cam-
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1 paign to educate individuals described in sub2 paragraph (B) on the following:

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

4 (ii) The applicability of the Controlled

5 Substances Act to such drugs, including

6 penalties under such Act.

7 (iii) Recognizing the symptoms that

8 indicate an individual may be a victim of

9 such drugs, including symptoms with re10 spect to sexual assault.

11 (iv) Appropriately responding when an

12 individual has such symptoms.

13 (B) INTENDED POPULATION.—The individ14 uals referred to in subparagraph (A) are young

15 adults, youths, law enforcement personnel, edu16 cators, school nurses, counselors of rape victims,

17 and emergency room personnel in hospitals.

18 (C) ADVISORY COMMITTEE.—Not later than

19 180 days after the date of the enactment of this

20 Act, the Secretary shall establish an advisory

21 committee to make recommendations to the Sec22 retary regarding the plan under subparagraph

23 (A). The committee shall be composed of individ24 uals who collectively possess expertise on the ef-
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1 fects of date-rape drugs and on detecting and

2 controlling the drugs.

3 (2) IMPLEMENTATION OF PLAN.—Not later than

4 180 days after the date on which the advisory com5 mittee under paragraph (1) is established, the Sec6 retary, in consultation with the Attorney General,

7 shall commence carrying out the national campaign

8 under such paragraph in accordance with the plan

9 developed under such paragraph. The campaign may

10 be carried out directly by the Secretary and through

11 grants and contracts.

12 (3) EVALUATION BY GENERAL ACCOUNTING OF13 FICE.—Not later than two years after the date on

14 which the national campaign under paragraph (1) is

15 commenced, the Comptroller General of the United

16 States shall submit to Congress an evaluation of the

17 effects with respect to date-rape drugs of the national

18 campaign.

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

20 term ‘‘date-rape drugs’’ means gamma hydroxybutyric acid

21 and its salts, isomers, and salts of isomers and such other

22 drugs or substances as the Secretary, after consultation with

23 the Attorney General, determines to be appropriate.
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1 SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT ADMINIS2 TRATION FOR ASSESSMENT OF ABUSE AND

3 TRAFFICKING OF GHB AND OTHER CON4 TROLLED SUBSTANCES AND DRUGS.

5 (a) ESTABLISHMENT.—Not later than 60 days after

6 the date of the enactment of this Act, the Attorney General

7 shall establish within the Operations Division of the Drug

8 Enforcement Administration a special unit which shall as9 sess the abuse of and trafficking in gamma hydroxybutyric

10 acid, flunitrazepam, ketamine, other controlled substances,

11 and other so-called ‘‘designer drugs’’ whose use has been as12 sociated with sexual assault.

13 (b) PARTICULAR DUTIES.—In carrying out the assess14 ment under subsection (a), the special unit shall—

15 (1) examine the threat posed by the substances

16 and drugs referred to in that subsection on a national

17 basis and regional basis; and

18 (2) make recommendations to the Attorney Gen19 eral regarding allocations and reallocations of re20 sources in order to address the threat.

21 (c) REPORT ON RECOMMENDATIONS.—

22 (1) REQUIREMENT.—Not later than 180 days

23 after the date of the enactment of this Act, the Attor24 ney General shall submit to the Committees on the

25 Judiciary of the Senate and House of Representatives

26 a report which shall—
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1 (A) set forth the recommendations of the

2 special unit under subsection (b)(2): and

3 (B) specify the allocations and reallocations

4 of resources that the Attorney General proposes

5 to make in response to the recommendations.

6 (2) TREATMENT OF REPORT.—Nothing in para7 graph (1) may be construed to prohibit the Attorney

8 General or the Administrator of the Drug Enforce9 ment Administration from making any reallocation

10 of existing resources that the Attorney General or the

11 Administrator, as the case may be, considers appro12 priate.

13 SEC. 9. TECHNICAL AMENDMENT.

14 Section 401 of the Controlled Substances Act (21

15 U.S.C. 841) is amended by redesignating subsections (d),

16 (e), (f), and (g) as subsections (c), (d), (e), and (f), respec17 tively.

Amend the title so as to read: ‘‘An Act to amend the

Controlled Substances Act to direct the emergency scheduling of gamma hydroxybutyric acid, to provide for a national awareness campaign, and for other purposes.’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 2130

AMENDMENTS
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