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In the Senate of the United States,

                                                     November 19, 1999.
    Resolved, That the bill from the House of Representatives (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 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 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
        ingestion/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.
            (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,
        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
        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
                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 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 application (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
                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 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 preceding 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
        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 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 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 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 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 hydroxybutyric
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.
            ``(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
        transactions 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 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 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
        numbers, 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
        subparagraph (A)(i) of such section.''.

SEC. 5. CONTROLLED SUBSTANCES ANALOGUES.

    (a) Rule of Construction Regarding Controlled Substance
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 substance analogue'' after
``distributing a controlled substance''.

SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS, FORENSIC

              FIELD TESTS, AND COORDINATION MECHANISM 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 specimens 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
                personnel involved in such investigations; and
            (2) make such protocols and training materials available to
        Federal, State, and local personnel responsible 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 forensic 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 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 hydroxybutyric acid, other
controlled substances, or so-called ``designer drugs''. The report
shall also include recommendations 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 ``Secretary'') 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 subsequent reports shall be
submitted annually thereafter.
    (b) National Awareness Campaign.--
            (1) Development of plan; recommendations of advisory
        committee.--
                    (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
                recommendations 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 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 office.--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 national
        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 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 Administration a special
unit which shall assess the abuse of and trafficking in gamma
hydroxybutyric 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 assessment under
subsection (a), the special unit shall--
            (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 the 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 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 Administrator
        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.

            Amend the title so as to read: ``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.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 2130

_______________________________________________________________________

                               AMENDMENTS

HR 2130 EAS----2
HR 2130 EAS----3
HR 2130 EAS----4
HR 2130 EAS----5