Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000
PL 106-172 (H.R.2130), enacted 02/18/2000

PUBLIC LAW 106-172—FEB. 18, 2000 
114 STAT. 7 
Public Law 106-172 
106th Congress 
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 piu"poses. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assewMed, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Hillory J. IFarias 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 sclieduled such drug in 
their drug laws and law enforcement officials have been experi-
encing an increased presence of the dinig 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 £md 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-
i- 
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. 
Feb. 18, 2000 
[H.R. 2130] 
Hillory J. Farias 
and Samantha 
Reid Date-Rape 
Drug Prohibition 
Act of 2000. 
Law enforcement 
and crimes. 
21 u s e 801 note. 
21 u s e 812 note. 
114 STAT. 8 
PUBLIC LAW 106-172—FEB. 18, 2000 
(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. 
21 use 812 note. 
(a) EMERGENCY SCHEDULING OF GHB.— 
(1) IN GENERAL.—^The Congress finds that the abuse of 
illicit gamma hydroxybutyric acid is an imminent hazard to 
Deadline. 
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 EnJforcement Adminis-
tration), which letter was in response to the letter trans-
mitted by the Attorney General (acting through such 
Federal Register, 
Deputy Administrator) on September 16, 1997. In pub-
publication, 
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 
PUBLIC LAW 106-172—FEB. 18, 2000 
114 STAT. 9 
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 G H B . — 
(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. AUTHOMTY 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-
butjn^ic acid for which an application has b»een approved under 
section 505 of the Federal Food, Drug, an(d 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 ]L5th day of the month 
succeeding the quarter for which the report is submitted, and 
annually report end-of-year inventories. 
Records. 
Deadline. 
114 STAT. 10 
PUBLIC LAW 106-172—FEB. 18, 2000 
Deadline. 
"(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 
Greneral 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 copjdng by the Attorney General. 
Applicability. 
"(6) That section 310(b)(3) (relating to mail order reporting) 
applies with respect to gamma hydroxybut3a"ic 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". 
PUBLIC LAW 106-172—FEB. 18, 2000 
114 STAT. 11 
SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS, 
21 USC 801 note. 
FORENSIC FIELD TESTS, AND COORDINATION MECHA-
NISM 
FOR 
INVESTIGATIONS 
AND 
PROSECUTIONS 
RELATING TO GAMMA HYDROXYBUTYRIC ACID, OTHER 
CONTROLLED SUBSTANCES, AND DESIGNER DRUGS. 
(a) IN GENERAL.—^The Attorney General, in consultation 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 speci-
mens and the taking of victim statements in connection 
with investigations 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 abuse of 
gamma hydroxybutyric acid, other controlled substances, 
or so-called "designer drugs"; and 
(B) model training materials for law enforcement per-
sonnel involved in such investigations; and 
(2) make such protocols and training materials available 
to Federal, State, and local personnel respionsible for such inves-
tigations. 
(b) GRANT.— 
(1) IN GENERAL.—^The Attorney Genei-al shall make a grant, 
in such amount and to such public or piivate person or entity 
as the Attorney General considers appropriate, for the develop-
ment of forensic field tests to assist law enforcement officials 
in detecting the presence of gamma hydroxybut3T*ic acid and 
related substances. 
(2) AUTHORIZATION OF APPROPRIATIONS.—^There are author-
\ 
ized 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 Deadline, 
enactment of this Act, the Attorney Grenersil shall submit to the 
Committees on the Judiciary of the Senate and House of Represent-
atives a report on current mechanisms for coordinating Federal, 
State, and local investigations 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 hydroxy-
butyric acid, other controlled substances, lar so-called "designer 
drugs". The report shall also include recommendations for the 
improvement of such mechanisms. 
SEC. 7. ANNUAL REPORT REGARDING DATE-IL\PE DRUGS; NATIONAL 21 USC 801 note. 
AWARENESS CAMPAIGN. 
(a) ANNUAL REPORT.—^The Secretary of Health and Human 
Services (in this section referred to as the "Secretary") shall periodi-
cally 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 duiring the most recent 
1-year period for which data are available. The first such report Deadline, 
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; RECOMMENDATIONS OF ADVISORY 
COMMITTEE.— 
114 STAT. 12 
PUBLIC LAW 106-172—FEB. 18, 2000 
Deadline. 
Establishment. 
Deadline. 
Deadline. 
Deadline. 
(A) IN GENERAL.—^The Secretary, in consultation with 
the Attorney General, shall develop a plan for carrying 
out a national campaign to educate individuals described 
in subparagraph (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 respect to sexual assault. 
(iv) Appropriately responding when an individual 
has such symptoms. 
(B) INTENDED POPULATION.—The individuals referred 
to in subparagraph (A) are young adults, youths, law 
enforcement personnel, educators, school nurses, counselors 
of rape victims, and emergency room personnel in hospitals. 
(C) ADVISORY COMMITTEE.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall establish an advisory committee to make rec-
ommendations to the Secretary regarding the plan under 
subparagraph (A). The committee shall be composed of 
individuals who collectively possess expertise 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 para-
graph (1) is established, the Secretary, in consultation with 
the Attorney Greneral, 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 OFFICE.—Not 
later than 2 years after the date on which the national cam-
paign under paragraph (1) is commenced, the Comptroller Gen-
eral of the United States shall submit to Congress an evaluation 
of the effects with respect to date-rape drugs of the national 
campaign. 
(c) DEFINITION.—^For purposes of this section, the term "date-
rape drugs" means gamma hydroxybutyric acid and its salts, iso-
mers, and salts of isomers and such other drugs or substances 
as the Secretary, after consultation with the Attorney General, 
determines to be appropriate. 
SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT ADMINISTRATION FOR 
ASSESSMENT OF ABUSE AND TRAFFICKING OF GHB AND 
OTHER CONTROLLED SUBSTANCES AND DRUGS, 
(a) ESTABLISHMENT.—Not later than 60 days after the date 
of the enactment of this Act, the Attorney General shall establish 
within the Operations Division of the Drug Enforcement Adminis-
tration a special unit which shall assess the abuse of and trafficking 
in gamma hydroxybutyric acid, flunitrazepam, ketamine, other con-
trolled substances, and other so-called "designer drugs" whose use 
has been associated with sexual assault. 
(b) PARTICULAR DUTIES.—In carrying out the assessment under 
subsection (a), the special unit shall— 
PUBLIC LAW 106-172—FEB. 18, 2000 
114 STAT. 13 
(1) examine the threat posed by the substances and drugs 
referred to in that subsection on a national basis and regional 
basis; and 
(2) make recommendations to tlie Attorney 
General 
regarding allocations and reallocations of resources in order 
to address the threat. 
(c) REPORT ON RECOMMENDATIONS.— 
(1) REQUIREMENT.—Not later than 180 days after the date Deadline, 
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 which shall— 
(A) set forth the recommendations of the special unit 
under subsection (b)(2); and 
(B) specify the allocations and reallocations of resources 
that the Attorney General proposes to make in response 
to the recommendations. 
(2) TREATMENT OF REPORT.—^Nothing in paragraph (1) may 
be construed to prohibit the Attorney General or the Adminis-
trator of the Drug Enforcement Administration from making 
any reallocation of existing resources that the Attorney General 
or the Administrator, as the case may be, considers appropriate. 
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), respectively. 
Approved February 18, 2000. 
LEGISLATIVE HISTORY—H.R. 2130 (S. 1561): 
HOUSE REPORTS: No. 106-340, Ft. 1 (Comm. on Comroerce). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Oct. 12, considered and passed House. 
Nov. 19, considered and passed Senate, amended, in lieu of 
S. 1561. 
Vol. 146 (2000): Jan. 31, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Feb. 18, Presidential statement.