In the Senate of the United States,
November 19, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 2130) entitled ‘‘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.’’,
do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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
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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.
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(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.
(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 Substances
Act, shall issue, not later than 60 days after the date
of the enactment of this Act, a final order that sched-
ules such drug (together with its salts, isomers, and
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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 man-
ufacturers and registered distributors, the final
order shall treat such drug, when the drug is
manufactured, distributed, or possessed in ac-
cordance with an exemption under section 505(i)
of the Federal Food, Drug, and Cosmetic Act
(whether the exemption involved is authorized be-
fore, on, or after the date of the enactment of this
Act), as being in the same schedule as that rec-
ommended 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 referred to in the
preceding sentence is contained in the first para-
graph of the letter transmitted on May 19, 1999,
by such Secretary (acting through the Assistant
Secretary for Health) to the Attorney General
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(acting through the Deputy 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 pub-
lishing 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 approved be-
fore, 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 au-
thorized formulations of the drug. The rec-
ommendation referred to in the preceding sen-
tence is contained in the last sentence of the
fourth paragraph of the letter referred to in sub-
paragraph (A) with respect to May 19, 1999.
(2) FAILURE
TO
ISSUE
ORDER.—If the final
order is not issued within the period specified in
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paragraph (1), gamma 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 de-
scribed 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 pur-
poses 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
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 hy-
droxybutyric acid), or 30’’.
(2) CONTROLLED SUBSTANCES IMPORT AND EX-
PORT ACT.—
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(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 fol-
lowing: ‘‘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 1999),’’.
(B) 
CONFORMING
AMENDMENT.—Section
1010(b)(4) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(4)) is amend-
ed by striking ‘‘flunitrazepam)’’ and inserting
the following: ‘‘flunitrazepam and except a viola-
tion 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 sub-
paragraph (Y); and
(2) by inserting after subparagraph (W) the fol-
lowing subparagraph:
‘‘(X) Gamma butyrolactone.’’.
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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-
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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