`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2130 Reported in House (RH)]





                                                 Union Calendar No. 214

106th CONGRESS

  1st Session

                               H. R. 2130

                      [Report No. 106-340, Part I]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                            October 8, 1999

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 214
106th CONGRESS
  1st Session
                                H. R. 2130

                      [Report No. 106-340, Part I]

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.


_______________________________________________________________________


                    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

                           September 27, 1999

        Reported from the Committee on Commerce with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 27, 1999

Referral to the Committee on the Judiciary extended for a period ending 
                     not later than October 8, 1999

                            October 8, 1999

Additional sponsors: Mr. Waxman, Mr. Horn, Mr. Hobson, Mr. Nethercutt, 
 Mr. Bass, Mr. Kingston, Mrs. Wilson, Mrs. Bono, Mrs. Mink of Hawaii, 
   Mr. Oxley, Mr. Gonzalez, Mr. Camp, Ms. McCarthy of Missouri, Mr. 
 Underwood, Mr. Price of North Carolina, Mrs. Maloney of New York, Mr. 
                 Barrett of Wisconsin, and Ms. Stabenow

                            October 8, 1999

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               10, 1999]

_______________________________________________________________________

                                 A BILL


 
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.

    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 ``Hillory J. Farias Date-Rape 
Prevention Drug Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Gamma hydroxybutyric acid (also called G, Liquid X, 
        Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop) 
        has become a significant and growing problem in law 
        enforcement. At least 20 States have scheduled such drug in 
        their drug laws and law enforcement officials have been 
        experiencing an increased presence of the drug in driving under 
        the influence, sexual assault, and overdose cases, especially 
        at night clubs and parties.
            (2) A behavioral depressant and a hypnotic, gamma 
        hydroxybutyric acid (``GHB'') is being used in conjunction with 
        alcohol and other drugs with detrimental effects in an 
        increasing number of cases. It is difficult to isolate the 
        impact of such drug's ingestion since it is so typically taken 
        with an ever-changing array of other drugs and especially 
        alcohol, which potentiates its impact.
            (3) GHB takes the same path as alcohol, processes via 
        alcohol dehydrogenase, and its symptoms at high levels of 
        intake and as impact builds are comparable to alcohol 
        ingestion/intoxication. Thus, aggression and violence can be 
        expected in some individuals who use such drug.
            (4) If taken for human consumption, common industrial 
        chemicals such as gamma butyrolactone and 1.4-butanediol are 
        swiftly converted by the body into GHB. Illicit use of these 
        and other GHB analogues and precursor chemicals is a 
        significant and growing law enforcement problem.
            (5) A human pharmaceutical formulation of gamma 
        hydroxybutyric acid is being developed as a treatment for 
        cataplexy, a serious and debilitating disease. Cataplexy, which 
        causes sudden and total loss of muscle control, affects about 
        65 percent of the estimated 180,000 Americans with narcolepsy, 
        a sleep disorder. People with cataplexy often are unable to 
        work, drive a car, hold their children or live a normal life.

SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC ACID AND KETAMINE TO SCHEDULES 
              OF CONTROLLED SUBSTANCES; GAMMA BUTYROLACTONE AS 
              ADDITIONAL LIST I CHEMICAL.

    (a) Addition to Schedule I.--
            (1) In general.--Section 202(c) of the Controlled 
        Substances Act (21 U.S.C. 812(c)) is amended by adding at the 
        end of schedule I the following:
    ``(d) Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation, which 
contains any quantity of the following substance having a depressant 
effect on the central nervous system, or which contains any of 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:
            ``(1) Gamma hydroxybutyric acid.''.
            (2) Security of facilities.--For purposes of any 
        requirements that relate to the physical security of registered 
        manufacturers and registered distributors, gamma hydroxybutyric 
        acid and its salts, isomers, and salts of isomers manufactured, 
        distributed, or possessed in accordance with an exemption 
        approved under section 505(i) of the Federal Food, Drug, and 
        Cosmetic Act shall be treated as a controlled substance in 
        schedule III under section 202(c) of the Controlled Substances 
        Act.
    (b) Addition to Schedule III.--Schedule III under section 202(c) of 
the Controlled Substances Act (21 U.S.C. 812(c)) is amended in (b)--
            (1) by redesignating (4) through (10) as (6) through (12), 
        respectively;
            (2) by redesignating (3) as (4);
            (3) by inserting after (2) the following:
            ``(3) Gamma hydroxybutyric acid and its salts, isomers, and 
        salts of isomers contained in a drug product for which an 
        application has been approved under section 505 of the Federal 
        Food, Drug, and Cosmetic Act.''; and
            (4) by inserting after (4) (as so redesignated) the 
        following:
            ``(5) Ketamine and its salts, isomers, and salts of 
        isomers.''.
    (c) Additional List I Chemical.--Section 102(34) of the Controlled 
Substances Act (21 U.S.C. 802(34)) is amended--
            (1) by redesignating subparagraph (X) as subparagraph (Y); 
        and
            (2) by inserting after subparagraph (W) the following 
        subparagraph:
            ``(X) Gamma butyrolactone.''.
    (d) Rule of Construction Regarding Controlled Substance 
Analogues.--Section 102(32) of the Controlled Substances Act (21 U.S.C. 
802(32)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following 
        subparagraph:
    ``(B) The designation of gamma butyrolactone or any other chemical 
as a listed chemical pursuant to paragraph (34) or (35) does not 
preclude a finding pursuant to subparagraph (A) of this paragraph that 
the chemical is a controlled substance analogue.''.
    (e) Penalties Regarding Schedule I.--
            (1) In general.--Section 401(b)(1)(C) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(1)(C)) is amended in the first 
        sentence by inserting after ``schedule I or II,'' the 
        following: ``gamma hydroxybutyric acid in schedule III,''.
            (2) Conforming amendment.--Section 401(b)(1)(D) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)(D)) is amended 
        by inserting ``(other than gamma hydroxybutyric acid)'' after 
        ``schedule III''.
    (f) Distribution With Intent To Commit Crime of Violence.--Section 
401(b)(7)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(7)(A)) 
is amended by inserting ``or controlled substance analogue'' after 
``distributing a controlled substance''.

SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING REQUIREMENTS FOR GAMMA 
              HYDROXYBUTYRIC PRODUCTS IN SCHEDULE III.

    Section 307 of the Controlled Substances Act (21 U.S.C. 827) is 
amended by adding at the end the following:
    ``(h) In the case of a drug product containing gamma hydroxybutyric 
acid for which an application has been approved under section 505 of 
the Federal Food, Drug, and Cosmetic Act, the Attorney General may, in 
addition to any other requirements that apply under this section with 
respect to such a drug product, establish any of the following as 
reporting requirements:
            ``(1) That every person who is registered as a manufacturer 
        of bulk or dosage form, as a packager, repackager, labeler, 
        relabeler, or distributor shall report acquisition and 
        distribution transactions quarterly, not later than the 15th 
        day of the month succeeding the quarter for which the report is 
        submitted, and annually report end-of-year inventories.
            ``(2) That all annual inventory reports shall be filed no 
        later than January 15 of the year following that for which the 
        report is submitted and include data on the stocks of the drug 
        product, drug substance, bulk drug, and dosage forms on hand as 
        of the close of business December 31, indicating whether 
        materials reported are in storage or in process of 
        manufacturing.
            ``(3) That every person who is registered as a manufacturer 
        of bulk or dosage form shall report all manufacturing 
        transactions both inventory increases, including purchases, 
        transfers, and returns, and reductions from inventory, 
        including sales, transfers, theft, destruction, and seizure, 
        and shall provide data on material manufactured, manufactured 
        from other material, use in manufacturing other material, and 
        use in manufacturing dosage forms.
            ``(4) That all reports under this section must include the 
        registered person's registration number as well as the 
        registration numbers, names, and other identifying information 
        of vendors, suppliers, and customers, sufficient to allow the 
        Attorney General to track the receipt and distribution of the 
        drug.
            ``(5) That each dispensing practitioner shall maintain for 
        each prescription the name of the prescribing practitioner, the 
        prescribing practitioner's Federal and State registration 
        numbers, with the expiration dates of these registrations, 
        verification that the prescribing practitioner possesses the 
        appropriate registration to prescribe this controlled 
        substance, the patient's name and address, the name of the 
        patient's insurance provider and documentation by a medical 
        practitioner licensed and registered to prescribe the drug of 
        the patient's medical need for the drug. Such information shall 
        be available for inspection and copying by the Attorney 
        General.
            ``(6) That section 310(b)(3) (relating to mail order 
        reporting) applies with respect to gamma hydroxybutyric acid to 
        the same extent and in the same manner as such section applies 
        with respect to the chemicals and drug products specified in 
        subparagraph (A)(i) of such section.''.

SEC. 5. DEVELOPMENT OF FORENSIC FIELD TESTS FOR GAMMA HYDROXYBUTYRIC 
              ACID.

    The Attorney General shall make a grant for the development of 
forensic field tests to assist law enforcement officials in detecting 
the presence of gamma hydroxybutyric acid and related substances.

SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL AWARENESS 
              CAMPAIGN.

    (a) Annual Report.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall periodically 
submit to the Congress reports each of which provides an estimate of 
the number of incidents of the abuse of date-rape drugs (as defined in 
subsection (c)) that occurred during the most recent one-year period 
for which data are available. The first such report shall be submitted 
not later than January 15, 2000, and subsequent reports shall be 
submitted annually thereafter.
    (b) National Awareness Campaign.--
            (1) Development of plan; recommendations of advisory 
        committee.--
                    (A) In general.--The Secretary, in consultation 
                with the Attorney General, shall develop a plan for 
                carrying out a national campaign to educate individuals 
                described in subparagraph (B) on the following:
                            (i) The dangers of date-rape drugs.
                            (ii) The applicability of the Controlled 
                        Substances Act to such drugs, including 
                        penalties under such Act.
                            (iii) Recognizing the symptoms that 
                        indicate an individual may be a victim of such 
                        drugs, including symptoms with respect to 
                        sexual assault.
                            (iv) Appropriately responding when an 
                        individual has such symptoms.
                    (B) Intended population.--The individuals referred 
                to in subparagraph (A) are young adults, youths, law 
                enforcement personnel, educators, school nurses, 
                counselors of rape victims, and emergency room 
                personnel in hospitals.
                    (C) Advisory committee.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Secretary shall establish an advisory committee to make 
                recommendations to the Secretary regarding the plan 
                under subparagraph (A). The committee shall be composed 
                of individuals who collectively possess expertise on 
                the effects of date-rape drugs and on detecting and 
                controlling the drugs.
            (2) Implementation of plan.--Not later than 180 days after 
        the date on which the advisory committee under paragraph (1) is 
        established, the Secretary, in consultation with the Attorney 
        General, shall commence carrying out the national campaign 
        under such paragraph in accordance with the plan developed 
        under such paragraph. The campaign may be carried out directly 
        by the Secretary and through grants and contracts.
            (3) Evaluation by general accounting office.--Not later 
        than two years after the date on which the national campaign 
        under paragraph (1) is commenced, the Comptroller General of 
        the United States shall submit to the Congress an evaluation of 
        the effects with respect to date-rape drugs of the national 
        campaign.
    (c) Definition.--For purposes of this section, the term ``date-rape 
drugs'' means gamma hydroxybutyric acid and its salts, isomers, and 
salts of isomers and such other drugs or substances as the Secretary, 
after consultation with the Attorney General, determines to be 
appropriate.
            Amend the title so as to read: ``A bill 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.''.`