I
106TH CONGRESS
1ST SESSION
H. R. 1065
To require the Attorney General to add to schedule III of the Controlled
Substances Act, the ‘‘Date Rape’’ drugs ketamine hydrochloride and
gamma y-hydroxybutyrate.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 1999
Mr. STUPAK introduced the following bill; which was referred to the Commit-
tee 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 com-
mittee concerned
A BILL
To require the Attorney General to add to schedule III
of the Controlled Substances Act, the ‘‘Date Rape’’ drugs
ketamine hydrochloride and gamma y-hydroxybutyrate.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SHORT TITLE.—This Act may be cited as the ‘‘Date
Rape Prevention Act of 1999’’.
SEC. 2. SCHEDULING CERTAIN SUBSTANCES.
Notwithstanding section 201 or subsection (a) or (b)
of section 202 of the Controlled Substances Act (21
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U.S.C. 811, 812(a), 812(b)) respecting the scheduling of
controlled substances, the Attorney General shall, by
order, add ketamine hydrochloride and gamma y-
hydroxybutyrate to schedule III of such Act.
SEC. 3. ADDITIONAL PENALTIES RELATING TO GAMMA Y-
HYDROXYBUTYRATE OR ITS ANALOGUES OR
KETAMINE HYDROCHLORIDE OR ITS ANA-
LOGUES.
(a) GENERAL PENALTIES.—Section 401 of the Con-
trolled Substances Act (21 U.S.C. 841) is amended in sub-
section (b)(1)(C), by inserting ‘‘, or any amount of gamma
y-hydroxybutyrate (GHB) or its analogues or ketamine
hydrochloride or its analogues,’’ after ‘‘I or II’’.
(b) IMPORT AND EXPORT PENALTIES.—
(1) Section 1009(a) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 959(a))
is 
amended 
by 
inserting 
‘‘or 
gamma 
y-
hydroxybutyrate 
(GHB) 
or 
its 
analogues 
or
ketamine hydrochloride or its analogues’’ after ‘‘I or
II’’.
(2) Section 1010(b)(3) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(b))
is 
amended 
by 
inserting 
‘‘or 
gamma 
y-
hydroxybutyrate 
(GHB) 
or 
its 
analogues 
or
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ketamine hydrochloride or its analogues’’ after ‘‘I or
II’’.
(3) Section 1010(b)(4) of the Controlled Sub-
stances Import and Export Act is amended by in-
serting ‘‘(except a violation involving gamma y-
hydroxybutyrate 
(GHB) 
or 
its 
analogues 
or
ketamine hydrochloride or its analogues)’’ after ‘‘III,
IV or V,’’.
(c) SENTENCING GUIDELINES.—
(1) AMENDMENT
OF
SENTENCING
GUIDE-
LINES.—Pursuant to its authority under section 994
of title 28, United States Code, the United States
Sentencing Commission shall review and amend, as
appropriate, the sentencing guidelines for offenses
involving gamma y-hydroxybutyrate (GHB) or its
analogues or ketamine hydrochloride or its ana-
logues.
(2) SUMMARY.—The United States Sentencing
Commission shall submit to the Congress—
(A) a summary of its review under para-
graph (1); and
(B) an explanation for any amendment to
the sentencing guidelines made under para-
graph (1).
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(3) SERIOUS NATURE OF OFFENSES.—In carry-
ing out this subsection, the United States Sentenc-
ing Commission shall ensure that the sentencing
guidelines 
for 
offenses 
involving 
gamma 
y-
hydroxybutyrate 
(GHB) 
or 
its 
analogues 
or
ketamine hydrochloride or its analogues reflect the
serious nature of such offenses.
SEC. 4. INCREASED PENALTIES FOR UNLAWFUL SAMPLE 1
POSSESSION 
OF 
GAMMA 
Y-
HYDROXYBUTYRATE 
(GHB) 
OR 
ITS 
ANA-
LOGUES OR KETAMINE HYDROCHLORIDE OR
ITS ANALOGUES.
Section 404(a) of the Controlled Substances Act (21
U.S.C. 844(a)) is amended by inserting after ‘‘exceeds 1
gram.’’ the following: ‘‘Notwithstanding any penalty pro-
vided in this subsection, any person convicted under this
subsection for the possession of gamma y-hydroxybutyrate
(GHB) or its analogues or ketamine hydrochloride or its
analogues shall be sentenced to a term of imprisonment
which may not be more than 3 years, shall be fined as
otherwise provided in this section, or both.’’.
SEC. 5. CHEMICAL LISTING.
The Attorney General shall specify gamma butyro-
lactone (GBL) as a list I chemical in the Chemical Diver-
sion and Trafficking Act of 1988 (21 U.S.C. 802).
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SEC. 6. EDUCATION AND DRUG ABUSE PREVENTION.
The Attorney General shall establish programs
throughout the United States and disseminate materials
to provide young people in high school and college with
education about the use of controlled substances in the
furtherance of rape and sexual assault and shall assist law
enforcement personnel in the prevention of abuse of con-
trolled substances for such purposes.
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