H. R. 2130

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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.

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 and Samantha

Reid Date-Rape Drug Prohibition Act of 2000’’.

SEC. 2. FINDINGS.

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.
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(6) Abuse of illicit GHB is an imminent hazard to public

safety that requires immediate regulatory action under the

Controlled Substances Act (21 U.S.C. 801 et seq.).

SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXYBUTYRIC ACID

AND LISTING OF GAMMA BUTYROLACTONE AS LIST I

CHEMICAL.

(a) EMERGENCY SCHEDULING OF GHB.—

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

illicit gamma hydroxybutyric acid is an imminent hazard to

the public safety. Accordingly, the Attorney General, notwithstanding sections 201(a), 201(b), 201(c), and 202 of the Controlled Substances Act, shall issue, not later than 60 days

after the date of the enactment of this Act, a final order

that schedules such drug (together with its salts, isomers, and

salts of isomers) in the same schedule under section 202(c)

of the Controlled Substances Act as would apply to a scheduling

of a substance by the Attorney General under section 201(h)(1)

of such Act (relating to imminent hazards to the public safety),

except as follows:

(A) For purposes of any requirements that relate to

the physical security of registered manufacturers and registered distributors, the final order shall treat such drug,

when the drug is manufactured, distributed, or possessed

in accordance with an exemption under section 505(i) of

the Federal Food, Drug, and Cosmetic Act (whether the

exemption involved is authorized before, on, or after the

date of the enactment of this Act), as being in the same

schedule as that recommended by the Secretary of Health

and Human Services for the drug when the drug is the

subject of an authorized investigational new drug application (relating to such section 505(i)). The recommendation

referred to in the preceding sentence is contained in the

first paragraph of the letter transmitted on May 19, 1999,

by such Secretary (acting through the Assistant Secretary

for Health) to the Attorney General (acting through the

Deputy Administrator of the Drug Enforcement Administration), which letter was in response to the letter transmitted by the Attorney General (acting through such

Deputy Administrator) on September 16, 1997. In publishing the final order in the Federal Register, the Attorney

General shall publish a copy of the letter that was transmitted by the Secretary of Health and Human Services.

(B) In the case of gamma hydroxybutyric acid that

is contained in a drug product for which an application

is approved under section 505 of the Federal Food, Drug,

and Cosmetic Act (whether the application involved is

approved before, on, or after the date of the enactment

of this Act), the final order shall schedule such drug in

the same schedule as that recommended by the Secretary

of Health and Human Services for authorized formulations

of the drug. The recommendation referred to in the preceding sentence is contained in the last sentence of the

fourth paragraph of the letter referred to in subparagraph

(A) with respect to May 19, 1999.

(2) FAILURE TO ISSUE ORDER.—If the final order is not

issued within the period specified in paragraph (1), gamma
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hydroxybutyric acid (together with its salts, isomers, and salts

of isomers) is deemed to be scheduled under section 202(c)

of the Controlled Substances Act in accordance with the policies

described in paragraph (1), as if the Attorney General had

issued a final order in accordance with such paragraph.

(b) ADDITIONAL PENALTIES RELATING TO GHB.—

(1) CONTROLLED SUBSTANCES ACT.—

(A) 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 (including when

scheduled as an approved drug product for purposes of

section 3(a)(1)(B) of the Hillory J. Farias and Samantha

Reid Date-Rape Drug Prohibition Act of 2000),’’.

(B) CONFORMING AMENDMENT.—Section 401(b)(1)(D) of

the Controlled Substances Act (21 U.S.C. 841(b)(1)(D)) is

amended by striking ‘‘, or 30’’ and inserting ‘‘(other than

gamma hydroxybutyric acid), or 30’’.

(2) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.—

(A) IN GENERAL.—Section 1010(b)(3) of the Controlled

Substances Import and Export Act (21 U.S.C. 960(b)(3))

is amended in the first sentence by inserting after ‘‘I or

II,’’ the following: ‘‘gamma hydroxybutyric acid (including

when scheduled as an approved drug product for purposes

of section 3(a)(1)(B) of the Hillory J. Farias and Samantha

Reid Date-Rape Drug Prohibition Act of 2000),’’.

(B) CONFORMING AMENDMENT.—Section 1010(b)(4) of

the Controlled Substances Import and Export Act (21

U.S.C. 960(b)(4)) is amended by striking ‘‘flunitrazepam)’’

and inserting the following: ‘‘flunitrazepam and except a

violation involving gamma hydroxybutyric acid)’’.

(c) GAMMA BUTYROLACTONE AS 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.’’.

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.
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‘‘(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. CONTROLLED SUBSTANCES ANALOGUES.

(a) RULE OF CONSTRUCTION REGARDING CONTROLLED SUBSTANCE ANALOGUES.—Section 102(32) of the Controlled Substances

Act (21 U.S.C. 802(32)) is amended—

(1) in subparagraph (A), by striking ‘‘subparagraph (B)’’

and inserting ‘‘subparagraph (C)’’;

(2) by redesignating subparagraph (B) as subparagraph

(C); and

(3) by inserting after subparagraph (A) the following new

subparagraph (B):

‘‘(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.’’.

(b) 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’’.
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SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS,

FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR INVESTIGATIONS AND PROSECUTIONS

RELATING TO GAMMA HYDROXYBUTYRIC ACID, OTHER

CONTROLLED SUBSTANCES, AND DESIGNER DRUGS.

(a) IN GENERAL.—The Attorney General, in consultation with

the Administrator of the Drug Enforcement Administration and

the Director of the Federal Bureau of Investigation, shall—

(1) develop—

(A) model protocols for the collection of toxicology specimens and the taking of victim statements in connection

with investigations into and prosecutions related to possible

violations of the Controlled Substances Act or other Federal

or State laws that result in or contribute to rape, other

crimes of violence, or other crimes involving abuse of

gamma hydroxybutyric acid, other controlled substances,

or so-called ‘‘designer drugs’’; and

(B) model training materials for law enforcement personnel involved in such investigations; and

(2) make such protocols and training materials available

to Federal, State, and local personnel responsible for such investigations.

(b) GRANT.— (1) IN GENERAL.—The Attorney General shall make a grant,

in such amount and to such public or private person or entity

as the Attorney General considers appropriate, for the development of forensic field tests to assist law enforcement officials

in detecting the presence of gamma hydroxybutyric acid and

related substances.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to

carry out this subsection.

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

enactment of this Act, the Attorney General shall submit to the

Committees on the Judiciary of the Senate and House of Representatives a report on current mechanisms for coordinating Federal,

State, and local investigations into and prosecutions related to

possible violations of the Controlled Substances Act or other Federal

or State laws that result in or contribute to rape, other crimes

of violence, or other crimes involving the abuse of gamma hydroxybutyric acid, other controlled substances, or so-called ‘‘designer

drugs’’. The report shall also include recommendations for the

improvement of such mechanisms.

SEC. 7. 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 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

1-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.—
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(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 2 years after the date on which the national campaign under paragraph (1) is commenced, the Comptroller General of the United States shall submit to 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 ‘‘daterape 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.

SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT ADMINISTRATION FOR

ASSESSMENT OF ABUSE AND TRAFFICKING OF GHB AND

OTHER CONTROLLED SUBSTANCES AND DRUGS.

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

of the enactment of this Act, the Attorney General shall establish

within the Operations Division of the Drug Enforcement Administration a special unit which shall assess the abuse of and trafficking

in gamma hydroxybutyric acid, flunitrazepam, ketamine, other controlled substances, and other so-called ‘‘designer drugs’’ whose use

has been associated with sexual assault.

(b) PARTICULAR DUTIES.—In carrying out the assessment under

subsection (a), the special unit shall—
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(1) examine the threat posed by the substances and drugs

referred to in that subsection on a national basis and regional

basis; and

(2) make recommendations to the Attorney General

regarding allocations and reallocations of resources in order

to address the threat.

(c) REPORT ON RECOMMENDATIONS.—

(1) REQUIREMENT.—Not later than 180 days after the date

of the enactment of this Act, the Attorney General shall submit

to the Committees on the Judiciary of the Senate and House

of Representatives a report which shall—

(A) set forth the recommendations of the special unit

under subsection (b)(2); and

(B) specify the allocations and reallocations of resources

that the Attorney General proposes to make in response

to the recommendations.

(2) TREATMENT OF REPORT.—Nothing in paragraph (1) may

be construed to prohibit the Attorney General or the Administrator of the Drug Enforcement Administration from making

any reallocation of existing resources that the Attorney General

or the Administrator, as the case may be, considers appropriate.

SEC. 9. TECHNICAL AMENDMENT.

Section 401 of the Controlled Substances Act (21 U.S.C. 841)

is amended by redesignating subsections (d), (e), (f ), and (g) as

subsections (c), (d), (e), and (f ), respectively.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.