Calendar No. 416

106TH CONGRESS

1ST SESSION S. 1561

A BILL

To amend the Controlled Substances Act to add

gamma hydroxybutyric acid and ketamine to theschedules of control substances, to provide for anational awareness campaign, and for other purposes.

NOVEMBER 18, 1999

Reported with amendments and an amendment to the

title
II

Calendar No. 416

106TH CONGRESS

1ST SESSION S. 1561

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 SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. ABRAHAM (for himself, Mr. DEWINE, Mr. GRAHAM, Mrs. FEINSTEIN, Mr.

GRASSLEY, Mr. LIEBERMAN, and Mr. COVERDELL) introduced the following bill; which was read twice and referred to the Committee on the

Judiciary

NOVEMBER 18, 1999

Reported by Mr. HATCH, with amendments and an amendment to the title

[Omit the part struck through and insert the part printed in italic]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Date-Rape Drug Con3 trol Act of 1999’’.

4 SECTION 1. SHORT TITLE.

5 This Act may be cited as the ‘‘Samantha Reid and

6 Hillory J. Farias Date-Rape Drug Prohibition Act of

7 1999’’.

8 SEC. 2. FINDINGS.

9 Congress finds as follows:

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

11 Liquid X, Liquid Ecstasy, Grievous Bodily Harm,

12 Georgia Home Boy, Scoop) has become a significant

13 and growing problem in law enforcement. At least

14 20 States have scheduled such drug in their drug

15 laws and law enforcement officials have been experi16 encing an increased presence of the drug in driving

17 under the influence, sexual assault, and overdose

18 cases especially at night clubs and parties.

19 (2) A behavioral depressant and a hypnotic,

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

21 in conjunction with alcohol and other drugs with

22 detrimental effects in an increasing number of cases.

23 It is difficult to isolate the impact of such drug’s in24 gestion since it is so typically taken with an ever25 changing array of other drugs and especially alcohol

26 which potentiates its impact.
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1 (3) GHB takes the same path as alcohol, proc2 esses via alcohol dehydrogenase, and its symptoms

3 at high levels of intake and as impact builds are

4 comparable to alcohol ingestion/intoxication. Thus,

5 aggression and violence can be expected in some in6 dividuals who use such drug.

7 (4) If taken for human consumption, common

8 industrial chemicals such as gamma butyrolactone

9 and 1.4-butanediol are swiftly converted by the body

10 into GHB. Illicit use of these and other GHB ana11 logues and precursor chemicals is a significant and

12 growing law enforcement problem.

13 (5) A human pharmaceutical formulation of

14 gamma hydroxybutyric acid is being developed as a

15 treatment for cataplexy, a serious and debilitating

16 disease. Cataplexy, which causes sudden and total

17 loss of muscle control, affects about 65 percent of

18 the estimated 180,000 Americans with narcolepsy, a

19 sleep disorder. People with cataplexy often are un20 able to work, drive a car, hold their children or live

21 a normal life.

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

23 to public safety that requires immediate regulatory

24 action under the Controlled Substances Act (21

25 U.S.C. 801 et seq.).
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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 substance having a depressant effect on the central nerv13 ous system, or which contains any of their salts, isomers,

14 and salts of isomers whenever the existence of such salts,

15 isomers, and salts of isomers is possible within the specific

16 chemical designation:

17 ‘‘(1) Gamma hydroxybutyric acid.’’.

18 (2) SECURITY OF FACILITIES.—For purposes of

19 any requirements that relate to the physical security

20 of registered manufacturers and registered distribu21 tors, gamma hydroxybutyric acid and its salts, iso22 mers, and salts of isomers manufactured, distrib23 uted, or possessed in accordance with an exemption

24 approved under section 505(i) of the Federal Food,

25 Drug, and Cosmetic Act shall be treated as a con-
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1 trolled substance in schedule III under section

2 202(c) of the Controlled Substances Act.

3 (b) ADDITION TO SCHEDULE III.—Schedule III

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

5 U.S.C. 812(c)) is amended in (b)—

6 (1) by redesignating (4) through (10) as (6)

7 through (12), respectively; and

8 (2) by redesignating (3) as (4);

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

10 ‘‘(3) Gamma hydroxybutyric acid and its salts,

11 isomers, and salts of isomers contained in a drug

12 product for which an application has been approved

13 under section 505 of the Federal Food, Drug, and

14 Cosmetic Act.’’; and

15 (4) by inserting after (4) (as so redesignated)

16 the following:

17 ‘‘(5) Ketamine and its salts, isomers, and salts

18 of isomers.’’.

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

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

21 amended—

22 (1) by redesignating subparagraph (X) as sub23 paragraph (Y); and

24 (2) by inserting after subparagraph (W) the fol25 lowing subparagraph:
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1 ‘‘(X) Gamma butyrolactone.’’.

2 (d) RULE OF CONSTRUCTION REGARDING CON3 TROLLED SUBSTANCE ANALOGUES.—Section 102(32) of

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

5 amended—

6 (1) in subparagraph (A), by striking ‘‘subpara7 graph (B)’’ and inserting ‘‘subparagraph (C)’’;

8 (2) by redesignating subparagraph (B) as sub9 paragraph (C); and

10 (3) by inserting after subparagraph (A) the fol11 lowing new subparagraph (B):

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

13 other chemical as a listed chemical pursuant to paragraph

14 (34) or (35) does not preclude a finding pursuant to sub15 paragraph (A) that the chemical is a controlled substance

16 analogue.’’.

17 (e) PENALTIES REGARDING SCHEDULE I.—

18 (1) IN GENERAL.—Section 401(b)(1)(C) of the

19 Controlled Substances Act (21 U.S.C. 841(b)(1)(C))

20 is amended in the first sentence by inserting after

21 ‘‘schedule I or II,’’ the following: ‘‘gamma hydroxy22 butyric acid in schedule III,’’.

23 (2) CONFORMING AMENDMENT.—Section

24 401(b)(1)(D) of the Controlled Substances Act (21

25 U.S.C. 841(b)(1)(D)) is amended by inserting
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1 ‘‘(other than gamma hydroxybutyric acid)’’ after

2 ‘‘schedule III’’.

3 (f) DISTRIBUTION WITH INTENT TO COMMIT CRIME

4 OF VIOLENCE.—Section 401(b)(7)(A) of the Controlled

5 Substances Act (21 U.S.C. 841(b)(7)(A)) is amended by

6 inserting ‘‘or controlled substance analogue’’ after ‘‘dis7 tributing a controlled substance’’.

8 SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXY9 BUTYRIC ACID AND LISTING OF GAMMA BU10 TYROLACTONE AS LIST I CHEMICAL.

11 (a) EMERGENCY SCHEDULING OF GHB.—

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

13 abuse of illicit gamma hydroxybutyric acid is an im14 minent hazard to the public safety. Accordingly, the

15 Attorney General, notwithstanding sections 201(a),

16 201(b), 201(c), and 202 of the Controlled Substances

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

18 of the enactment of this Act, a final order that sched19 ules such drug (together with its salts, isomers, and

20 salts of isomers) in the same schedule under section

21 202(c) of the Controlled Substances Act as would

22 apply to a scheduling of a substance by the Attorney

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

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

25 follows:
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1 (A) For purposes of any requirements that

2 relate to the physical security of registered man3 ufacturers and registered distributors, the final

4 order shall treat such drug, when the drug is

5 manufactured, distributed, or possessed in ac6 cordance with an exemption under section 505(i)

7 of the Federal Food, Drug, and Cosmetic Act

8 (whether the exemption involved is authorized be9 fore, on, or after the date of the enactment of this

10 Act), as being in the same schedule as that rec11 ommended by the Secretary of Health and

12 Human Services for the drug when the drug is

13 the subject of an authorized investigational new

14 drug application (relating to such section

15 505(i)). The recommendation referred to in the

16 preceding sentence is contained in the first para17 graph of the letter transmitted on May 19, 1999,

18 by such Secretary (acting through the Assistant

19 Secretary for Health) to the Attorney General

20 (acting through the Deputy Administrator of the

21 Drug Enforcement Administration), which letter

22 was in response to the letter transmitted by the

23 Attorney General (acting through such Deputy

24 Administrator) on September 16, 1997. In pub25 lishing the final order in the Federal Register,
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1 the Attorney General shall publish a copy of the

2 letter that was transmitted by the Secretary of

3 Health and Human Services.

4 (B) In the case of gamma hydroxybutyric

5 acid that is contained in a drug product for

6 which an application is approved under section

7 505 of the Federal Food, Drug, and Cosmetic Act

8 (whether the application involved is approved be9 fore, on, or after the date of the enactment of this

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

11 the same schedule as that recommended by the

12 Secretary of Health and Human Services for au13 thorized formulations of the drug. The rec14 ommendation referred to in the preceding sen15 tence is contained in the last sentence of the

16 fourth paragraph of the letter referred to in sub17 paragraph (A) with respect to May 19, 1999.

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

19 order is not issued within the period specified in

20 paragraph (1), gamma hydroxybutyric acid (together

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

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

23 Substances Act in accordance with the policies de24 scribed in paragraph (1), as if the Attorney General
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1 had issued a final order in accordance with such

2 paragraph.

3 (b) ADDITIONAL PENALTIES RELATING TO GHB.—

4 (1) CONTROLLED SUBSTANCES ACT.—

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

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

7 841(b)(1)(C)) is amended in the first sentence by

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

9 ‘‘gamma hydroxybutyric acid (including when

10 scheduled as an approved drug product for pur11 poses of section 3(a)(1)(B) of the Samantha Reid

12 and Hillory J. Farias Date-Rape Drug Prohibi13 tion Act of 1999),’’.

14 (B) CONFORMING AMENDMENT.—Section

15 401(b)(1)(D) of the Controlled Substances Act

16 (21 U.S.C. 841(b)(1)(D)) is amended by striking

17 ‘‘, or 30’’ and inserting ‘‘(other than gamma hy18 droxybutyric acid), or 30’’.

19 (2) CONTROLLED SUBSTANCES IMPORT AND EX20 PORT ACT.—

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

22 Controlled Substances Import and Export Act

23 (21 U.S.C. 960(b)(3)) is amended in the first

24 sentence by inserting after ‘‘I or II,’’ the fol25 lowing: ‘‘gamma hydroxybutyric acid (including
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1 when scheduled as an approved drug product for

2 purposes of section 3(a)(1)(B) of the Samantha

3 Reid and Hillory J. Farias Date-Rape Drug

4 Prohibition Act of 1999),’’.

5 (B) CONFORMING AMENDMENT.—Section

6 1010(b)(4) of the Controlled Substances Import

7 and Export Act (21 U.S.C. 960(b)(4)) is amend8 ed by striking ‘‘flunitrazepam)’’ and inserting

9 the following: ‘‘flunitrazepam and except a viola10 tion involving gamma hydroxybutyric acid)’’.

11 (c) GAMMA BUTYROLACTONE AS ADDITIONAL LIST I

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

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

14 (1) by redesignating subparagraph (X) as sub15 paragraph (Y); and

16 (2) by inserting after subparagraph (W) the fol17 lowing subparagraph:

18 ‘‘(X) Gamma butyrolactone.’’.

19 SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING RE20 QUIREMENTS FOR GAMMA HYDROXYBUTYRIC

21 PRODUCTS IN SCHEDULE III.

22 Section 307 of the Controlled Substances Act (21

23 U.S.C. 827) is amended by adding at the end the fol24 lowing:
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1 ‘‘(h) In the case of a drug product containing gamma

2 hydroxybutyric acid for which an application has been ap3 proved under section 505 of the Federal Food, Drug, and

4 Cosmetic Act, the Attorney General may, in addition to

5 any other requirements that apply under this section with

6 respect to such a drug product, establish any of the fol7 lowing as reporting requirements:

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

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

10 repackager, labeler, relabeler, or distributor shall re11 port acquisition and distribution transactions quar12 terly, not later than the 15th day of the month suc13 ceeding the quarter for which the report is sub14 mitted, and annually report end-of-year inventories.

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

16 filed no later than January 15 of the year following

17 that for which the report is submitted and include

18 data on the stocks of the drug product, drug sub19 stance, bulk drug, and dosage forms on hand as of

20 the close of business December 31, indicating wheth21 er materials reported are in storage or in process of

22 manufacturing.

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

24 manufacturer of bulk or dosage form shall report all

25 manufacturing transactions both inventory increases,
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1 including purchases, transfers, and returns, and re2 ductions from inventory, including sales, transfers,

3 theft, destruction, and seizure, and shall provide

4 data on material manufactured, manufactured from

5 other material, use in manufacturing other material,

6 and use in manufacturing dosage forms.

7 ‘‘(4) That all reports under this section must

8 include the registered person’s registration number

9 as well as the registration numbers, names, and

10 other identifying information of vendors, suppliers,

11 and customers, sufficient to allow the Attorney Gen12 eral to track the receipt and distribution of the drug.

13 ‘‘(5) That each dispensing practitioner shall

14 maintain for each prescription the name of the pre15 scribing practitioner, the prescribing practitioner’s

16 Federal and State registration numbers, with the ex17 piration dates of these registrations, verification that

18 the prescribing practitioner possesses the appro19 priate registration to prescribe this controlled sub20 stance, the patient’s name and address, the name of

21 the patient’s insurance provider and documentation

22 by a medical practitioner licensed and registered to

23 prescribe the drug of the patient’s medical need for

24 the drug. Such information shall be available for in25 spection and copying by the Attorney General.
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1 ‘‘(6) That section 310(b)(3) (relating to mail

2 order reporting) applies with respect to gamma hy3 droxybutyric acid to the same extent and in the

4 same manner as such section applies with respect to

5 the chemicals and drug products specified in sub6 paragraph (A)(i) of such section.’’.

7 SEC. 5. DEVELOPMENT OF FORENSIC FIELD TESTS FOR

8 GAMMA HYDROXYBUTYRIC ACID.

9 The Attorney General shall make a grant for the de10 velopment of forensic field tests to assist law enforcement

11 officials in detecting the presence of gamma hydroxy12 butyric acid and related substances.

13 SEC. 5. CONTROLLED SUBSTANCES ANALOGUES.

14 (a) RULE OF CONSTRUCTION REGARDING CON15 TROLLED SUBSTANCE ANALOGUES.—Section 102(32) of the

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

17 amended—

18 (1) in subparagraph (A), by striking ‘‘subpara19 graph (B)’’ and inserting ‘‘subparagraph (C)’’;

20 (2) by redesignating subparagraph (B) as sub21 paragraph (C); and

22 (3) by inserting after subparagraph (A) the fol23 lowing new subparagraph (B):

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

25 other chemical as a listed chemical pursuant to paragraph
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1 (34) or (35) does not preclude a finding pursuant to sub2 paragraph (A) of this paragraph that the chemical is a con3 trolled substance analogue.’’.

4 (b) DISTRIBUTION WITH INTENT TO COMMIT CRIME

5 OF VIOLENCE.—Section 401(b)(7)(A) of the Controlled Sub6 stances Act (21 U.S.C. 841(b)(7)(A)) is amended by insert7 ing ‘‘or controlled substance analogue’’ after ‘‘distributing

8 a controlled substance’’.

9 SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING

10 MATERIALS, FORENSIC FIELD TESTS, AND CO11 ORDINATION MECHANISM FOR INVESTIGA12 TIONS AND PROSECUTIONS RELATING TO

13 GAMMA HYDROXYBUTYRIC ACID, OTHER CON14 TROLLED SUBSTANCES, AND DESIGNER

15 DRUGS.

16 (a) IN GENERAL.— The Attorney General, in consulta17 tion with the Administrator of the Drug Enforcement Ad18 ministration and the Director of the Federal Bureau of In19 vestigation, shall—

20 (1) develop—

21 (A) model protocols for the collection of toxi22 cology specimens and the taking of victim state23 ments in connection with investigations into and

24 prosecutions related to possible violations of the

25 Controlled Substances Act or other Federal or
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1 State laws that result in or contribute to rape,

2 other crimes of violence, or other crimes involv3 ing abuse of gamma hydroxybutyric acid, other

4 controlled substances, or so-called ‘‘designer

5 drugs’’; and

6 (B) model training materials for law en7 forcement personnel involved in such investiga8 tions; and

9 (2) make such protocols and training materials

10 available to Federal, State, and local personnel re11 sponsible for such investigations.

12 (b) GRANT.—

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

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

15 private person or entity as the Attorney General con16 siders appropriate, for the development of forensic

17 field tests to assist law enforcement officials in detect18 ing the presence of gamma hydroxybutyric acid and

19 related substances.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated such sums as

22 may be necessary to carry out this subsection.

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

24 of the enactment of this Act, the Attorney General shall sub25 mit to the Committees on the Judiciary of the Senate and
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1 House of Representatives a report on current mechanisms

2 for coordinating Federal, State, and local investigations

3 into and prosecutions related to possible violations of the

4 Controlled Substances Act or other Federal or State laws

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

6 or other crimes involving the abuse of gamma hydroxy7 butyric acid, other controlled substances, or so-called ‘‘de8 signer drugs’’. The report shall also include recommenda9 tions for the improvement of such mechanisms.

10 SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE DRUGS;

11 NATIONAL AWARENESS CAMPAIGN.

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

13 NATIONAL AWARENESS CAMPAIGN.

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

15 Human Services (in this section referred to as the ‘‘Sec16 retary’’) shall periodically submit to Congress reports each

17 of which provides an estimate of the number of incidents

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

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

20 for which data are available. The first such report shall

21 be submitted not later than January 15, 2000, and subse22 quent reports shall be submitted annually thereafter.

23 (b) NATIONAL AWARENESS CAMPAIGN.—

24 (1) DEVELOPMENT OF PLAN; RECOMMENDA25 TIONS OF ADVISORY COMMITTEE.—
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1 (A) IN GENERAL.—The Secretary, in con2 sultation with the Attorney General, shall de3 velop a plan for carrying out a national cam4 paign to educate individuals described in sub5 paragraph (B) on the following:

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

7 (ii) The applicability of the Controlled

8 Substances Act to such drugs, including

9 penalties under such Act.

10 (iii) Recognizing the symptoms that

11 indicate an individual may be a victim of

12 such drugs, including symptoms with re13 spect to sexual assault.

14 (iv) Appropriately responding when an

15 individual has such symptoms.

16 (B) INTENDED POPULATION.—The individ17 uals referred to in subparagraph (A) are young

18 adults, youths, law enforcement personnel, edu19 cators, school nurses, counselors of rape vic20 tims, and emergency room personnel in hos21 pitals.

22 (C) ADVISORY COMMITTEE.—Not later

23 than 180 days after the date of the enactment

24 of this Act, the Secretary shall establish an ad25 visory committee to make recommendations to
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1 the Secretary regarding the plan under sub2 paragraph (A). The committee shall be com3 posed of individuals who collectively possess ex4 pertise on the effects of date-rape drugs and on

5 detecting and controlling the drugs.

6 (2) IMPLEMENTATION OF PLAN.—Not later

7 than 180 days after the date on which the advisory

8 committee under paragraph (1) is established, the

9 Secretary, in consultation with the Attorney General,

10 shall commence carrying out the national campaign

11 under such paragraph in accordance with the plan

12 developed under such paragraph. The campaign may

13 be carried out directly by the Secretary and through

14 grants and contracts.

15 (3) EVALUATION BY GENERAL ACCOUNTING OF16 FICE.—Not later than two years after the date on

17 which the national campaign under paragraph (1) is

18 commenced, the Comptroller General of the United

19 States shall submit to Congress an evaluation of the

20 effects with respect to date-rape drugs of the na21 tional campaign.

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

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

24 acid and its salts, isomers, and salts of isomers and such

25 other drugs or substances as the Secretary, after consulta-
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1 tion with the Attorney General, determines to be appro2 priate.

3 SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT ADMINIS4 TRATION FOR ASSESSMENT OF ABUSE AND

5 TRAFFICKING OF GHB AND OTHER CON6 TROLLED SUBSTANCES AND DRUGS.

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

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

9 shall establish within the Operations Division of the Drug

10 Enforcement Administration a special unit which shall as11 sess the abuse of and trafficking in gamma hydroxybutyric

12 acid, flunitrazepam, ketamine, other controlled substances,

13 and other so-called ‘‘designer drugs’’ whose use has been as14 sociated with sexual assault.

15 (b) PARTICULAR DUTIES.—In carrying out the assess16 ment under subsection (a), the special unit shall—

17 (1) examine the threat posed by the substances

18 and drugs referred to in that subsection on a national

19 basis and regional basis; and

20 (2) make recommendations to the Attorney Gen21 eral regarding allocations and reallocations of re22 sources in order to address the threat.

23 (c) REPORT ON RECOMMENDATIONS.—

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

25 after the date of the enactment of this Act, the Attor-
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1 ney General shall submit to the Committees on the

2 Judiciary of the Senate and House of Representatives

3 a report which shall—

4 (A) set forth the recommendations of the

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

6 (B) specify the allocations and reallocations

7 of resources that the Attorney General proposes

8 to make in response to the recommendations.

9 (2) TREATMENT OF REPORT.—Nothing in para10 graph (1) may be construed to prohibit the Attorney

11 General or the Administrator of the Drug Enforce12 ment Administration from making any reallocation

13 of existing resources that the Attorney General or the

14 Administrator, as the case may be, considers appro15 priate.

16 SEC. 9. TECHNICAL AMENDMENT.

17 Section 401 of the Controlled Substances Act (21

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

19 (e), (f), and (g) as subsections (c), (d), (e), and (f), respec20 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.’’.