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 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 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 inges-
tion /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.
H. R. 2130—2
(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, notwith-
standing sections 201(a), 201(b), 201(c), and 202 of the Con-
trolled 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 reg-
istered 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 applica-
tion (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 Adminis-
tration), which letter was in response to the letter trans-
mitted by the Attorney General (acting through such
Deputy Administrator) on September 16, 1997. In pub-
lishing the final order in the Federal Register, the Attorney
General shall publish a copy of the letter that was trans-
mitted 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 pre-
ceding 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
H. R. 2130—3
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 hydroxy-
butyric 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.
H. R. 2130—4
‘‘(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 trans-
actions 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 mate-
rial, use in manufacturing other material, and use in manufac-
turing dosage forms.
‘‘(4) That all reports under this section must include the
registered person’s registration number as well as the registra-
tion numbers, names, and other identifying information of ven-
dors, 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 num-
bers, 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 subpara-
graph (A)(i) of such section.’’.
SEC. 5. CONTROLLED SUBSTANCES ANALOGUES.
(a) RULE
OF CONSTRUCTION REGARDING CONTROLLED SUB-
STANCE 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 sub-
stance analogue’’ after ‘‘distributing a controlled substance’’.