106TH CONGRESS
1ST SESSION
H. R. 2130
AN ACT
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 experi-
encing 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 in-
gestion 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, proc-
esses 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 in-
dividuals 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 estimated 180,000 Americans with narcolepsy, a
sleep disorder. People with cataplexy often are un-
able 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 amend-
ed 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 nerv-
ous 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 distribu-
tors, gamma hydroxybutyric acid and its salts, iso-
mers, and salts of isomers manufactured, distrib-
uted, 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 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
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 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
Substances Act (21 U.S.C. 841(b)(7)(A)) is amended by
inserting ‘‘or controlled substance analogue’’ after ‘‘dis-
tributing 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 fol-
lowing:
‘‘(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
respect to such a drug product, establish any of the fol-
lowing 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 sub-
mitted, 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 wheth-
er 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 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
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 Gen-
eral 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 appro-
priate registration to prescribe this controlled sub-
stance, 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 in-
spection 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 sub-
paragraph (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 de-
velopment of forensic field tests to assist law enforcement
officials in detecting the presence of gamma hydroxy-
butyric 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; RECOMMENDA-
TIONS 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 vic-
tims, and emergency room personnel in hos-
pitals.
(C) ADVISORY
COMMITTEE.—Not later
than 180 days after the date of the enactment
of this Act, the Secretary shall establish an ad-
visory committee to make recommendations to
the Secretary regarding the plan under sub-
paragraph (A). The committee shall be com-
posed of individuals who collectively possess ex-
pertise 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 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