I
106TH CONGRESS
1ST SESSION
H. R. 3457
To amend the Controlled Substances Act to direct the emergency scheduling
of gamma hydroxybutyric acid, to provide for a national awareness cam-
paign, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1999
Mr. UPTON (for himself, Mr. STUPAK, Ms. JACKSON-LEE of Texas, Mr. BLI-
LEY, and Mr. ROEMER) introduced the following bill; which was referred
to the Committee 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 jurisdic-
tion of the committee concerned
A BILL
To amend the Controlled Substances Act to direct the emer-
gency scheduling of gamma hydroxybutyric acid, to pro-
vide 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 and
Samantha Reid Date-Rape Drug Prohibition Act of
1999’’.
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 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.
(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 HYDROXY-
BUTYRIC ACID AND LISTING OF GAMMA BU-
TYROLACTONE 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 im-
minent hazard to the public safety. Accordingly, the
Attorney General, notwithstanding sections 201(a),
201(b), 201(c), and 202 of the Controlled Sub-
stances 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, iso-
mers, 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 registered 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 Cos-
metic 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 application (relating to
such section 505(i)). The recommendation re-
ferred 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 Dep-
uty Administrator of the Drug Enforcement
Administration), which letter was in response to
the letter transmitted by the Attorney General
(acting through such Deputy Administrator) on
September 16, 1997. In publishing the final
order in the Federal Register, the Attorney
General shall publish a copy of the letter that
was transmitted 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 ap-
proved before, on, or after the date of the en-
actment of this Act), the final order shall
schedule such drug in the same schedule as that
recommended by the Secretary of Health and
J. Farias and Samantha Reid Date-Rape Drug
Prohibition Act of 1999),’’.
(B) CONFORMING
AMENDMENT.—Section
401(b)(1)(D) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(D)) is amended by strik-
ing ‘‘, 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 (includ-
ing when scheduled as an approved drug prod-
uct for purposes of section 3(a)(1)(B) of the
Hillory J. Farias and Samantha Reid Date-
Rape Drug Prohibition Act of 1999),’’.
(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 in-
serting 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 Sub-
stances 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.’’.
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 of both inventory in-
creases, including purchases, transfers, and returns,
and reductions from inventory, including sales,
transfers, theft, destruction, and seizure, and shall
provide data on material manufactured, manufac-
tured 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. CONTROLLED SUBSTANCES ANALOGUES.
(a) RULE
OF CONSTRUCTION REGARDING CON-
TROLLED SUBSTANCES ANALOGUES.—Section 102(32) of
the Controlled Substances Act (21 U.S.C. 802(32)) is
amended—
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraph (C)’’;
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and
(3) by inserting after subparagraph (A) the fol-
lowing 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 sub-
paragraph (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 substance analogue’’ after ‘‘dis-
tributing a controlled substance’’.
SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING
MATERIALS, FORENSIC FIELD TESTS, AND
COORDINATION MECHANISM FOR INVESTIGA-
TIONS AND PROSECUTIONS RELATING TO
GAMMA 
HYDROXYBUTYRIC 
ACID, 
OTHER
CONTROLLED SUBSTANCES, AND DESIGNER
DRUGS.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Administrator of the Drug Enforcement
Administration and the Director of the Federal Bureau
of Investigation, shall—
(1) develop—
(A) model protocols for the collection of
toxicology specimens and the taking of victim
statements in connection with investigations
into and prosecutions related to possible viola-
tions of the Controlled Substances Act or other
Federal or State laws that result in or con-
tribute to rape, other crimes of violence, or
other crimes involving abuse of gamma hydrox-
ybutyric acid, other controlled substances, or
so-called ‘‘designer drugs’’; and
(B) model training materials for law en-
forcement personnel involved in such investiga-
tions; and
(2) make such protocols and training materials
available to Federal, State, and local personnel re-
sponsible for such investigations.
(b) GRANT.—
(1) IN GENERAL.—The Attorney General shall
make a grant, in such amount and to such public or
private person or entity as the Attorney General
considers appropriate, for the development of foren-
sic field tests to assist law enforcement officials in
detecting the presence of gamma hydroxybutyric
acid and related substances.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out this subsection.
(c) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
submit to the Committees on the Judiciary of the Senate
and House of Representatives a report on current mecha-
nisms for coordinating Federal, State, and local investiga-
tions into and prosecutions related to possible violations
of the Controlled Substances Act or other Federal or State
laws that result in or contribute to rape, other crimes of
violence, or other crimes involving the abuse of gamma
hydroxybutyric acid, other controlled substances, or so-
called ‘‘designer drugs’’. The report shall also include rec-
ommendations for the improvement of such mechanisms.
SEC. 7. 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 Congress reports each
of which provides an estimate of the number of incidents
of the abuse of date-rape drugs (as defined in subsection
(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 subse-
quent 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 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 consulta-
tion with the Attorney General, determines to be appro-
priate.
SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT ADMINIS-
TRATION FOR ASSESSMENT OF ABUSE AND
TRAFFICKING OF GHB AND OTHER CON-
TROLLED SUBSTANCES AND DRUGS.
(a) ESTABLISHMENT.—Not later than 60 days after
the date of the enactment of this Act, the Attorney Gen-
eral shall establish within the Operations Division of the
Drug Enforcement Administration a special unit which
shall assess the abuse of and trafficking in gamma hydrox-
ybutyric acid, flunitrazepam, ketamine, other controlled
substances, and other so-called ‘‘designer drugs’’ whose
use has been associated with sexual assault.
(b) PARTICULAR DUTIES.—In carrying out the as-
sessment under subsection (a), the special unit shall—
(1) examine the threat posed by the substances
and drugs referred to in that subsection on a na-
tional basis and regional basis; and
(2) make recommendations to the Attorney
General regarding allocations and reallocations of re-
sources in order to address the threat.
(c) REPORT ON RECOMMENDATIONS.—
(1) REQUIREMENT.—Not later than 180 days
after the date of the enactment of this Act, the At-
torney General shall submit to the Committees on
the Judiciary of the Senate and House of Represent-
atives a report which shall—
(A) set forth the recommendations of the
special unit under subsection (b)(2): and
(B) specify the allocations and realloca-
tions of resources that the Attorney General
proposes to make in response to the rec-
ommendations.
(2) TREATMENT OF REPORT.—Nothing in para-
graph (1) may be construed to prohibit the Attorney
General or the Administrator of the Drug Enforce-
ment Administration from making any reallocation
of existing resources that the Attorney General or
the Administrator, as the case may be, considers ap-
propriate.
SEC. 9. TECHNICAL AMENDMENT.
Section 401 of the Controlled Substances Act (21
U.S.C. 841) is amended by redesignating subsections (d),
(e), (f), and (g) as subsections (c), (d), (e), and (f), respec-
tively.
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