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
IB
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 Com-
mittee 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 Representa-
tives 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, espe-
cially 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 det-
rimental effects in an increasing number of cases. It
is difficult to isolate the impact of such drug’s inges-
tion since it is so typically taken with an ever-chang-
ing array of other drugs and especially alcohol, which
potentiates its impact.
(3) GHB takes the same path as alcohol, proc-
esses via alcohol dehydrogenase, and its symptoms at
high levels of intake and as impact builds are com-
parable to alcohol ingestion/intoxication. Thus, ag-
gression and violence can be expected in some individ-
uals 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 ana-
logues 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 esti-
mated 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 Con-
trolled 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 an-
other schedule, any material, compound, mixture, or prepa-
ration, which contains any quantity of the following sub-
stance having a depressant effect on the central nervous sys-
tem, 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 des-
ignation:
‘‘(1) Gamma hydroxybutyric acid.’’.
(2) SECURITY OF FACILITIES.—For purposes of
any requirements that relate to the physical security
of registered manufacturers and registered distribu-
tors, gamma hydroxybutyric acid and its salts, iso-
mers, and salts of isomers manufactured, distributed,
or possessed in accordance with an exemption ap-
proved under section 505(i) of the Federal Food,
Drug, and Cosmetic Act shall be treated as a con-
trolled 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 sub-
paragraph (Y); and
(2) by inserting after subparagraph (W) the fol-
lowing subparagraph:
‘‘(X) Gamma butyrolactone.’’.
(d) RULE
OF
CONSTRUCTION
REGARDING
CON-
TROLLED SUBSTANCE ANALOGUES.—Section 102(32) of the
Controlled Substances Act (21 U.S.C. 802(32)) is
amended—
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and
(2) by inserting after subparagraph (A) the fol-
lowing 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 sub-
paragraph (A) of this paragraph that the chemical is a con-
trolled 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 hydroxy-
butyric 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 Sub-
stances Act (21 U.S.C. 841(b)(7)(A)) is amended by insert-
ing ‘‘or controlled substance analogue’’ after ‘‘distributing
a controlled substance’’.
SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING RE-
QUIREMENTS 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 ap-
proved 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 re-
spect 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 re-
port acquisition and distribution transactions quar-
terly, not later than the 15th day of the month suc-
ceeding 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 sub-
stance, bulk drug, and dosage forms on hand as of the
close of business December 31, indicating whether ma-
terials reported are in storage or in process of manu-
facturing.
‘‘(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 re-
ductions 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 in-
clude 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 pre-
scribing practitioner, the prescribing practitioner’s
Federal and State registration numbers, with the ex-
piration 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 hy-
droxybutyric acid to the same extent and in the same
manner as such section applies with respect to the
chemicals and drug products specified in subpara-
graph (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 devel-
opment of forensic field tests to assist law enforcement offi-
cials 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 ‘‘Sec-
retary’’) shall periodically submit to the Congress reports
each of which provides an estimate of the number of inci-
dents of the abuse of date-rape drugs (as defined in sub-
section (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 con-
sultation with the Attorney General, shall de-
velop a plan for carrying out a national cam-
paign to educate individuals described in sub-
paragraph (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 re-
spect to sexual assault.
(iv) Appropriately responding when an
individual has such symptoms.
(B) INTENDED POPULATION.—The individ-
uals referred to in subparagraph (A) are young
adults, youths, law enforcement personnel, edu-
cators, 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 Sec-
retary regarding the plan under subparagraph
(A). The committee shall be composed of individ-
uals who collectively possess expertise on the ef-
fects 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 com-
mittee under paragraph (1) is established, the Sec-
retary, 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 OF-
FICE.—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 na-
tional 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 sub-
stances, to provide for a national awareness campaign,
and for other purposes.’’.