[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1065 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1065

     To require the Attorney General to add to schedule III of the 
      Controlled Substances Act, the ``Date Rape'' drugs ketamine 
               hydrochloride and gamma y-hydroxybutyrate.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1999

  Mr. Stupak 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 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To require the Attorney General to add to schedule III of the 
      Controlled Substances Act, the ``Date Rape'' drugs ketamine 
               hydrochloride and gamma y-hydroxybutyrate.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    Short Title.--This Act may be cited as the ``Date Rape Prevention 
Act of 1999''.

SEC. 2. SCHEDULING CERTAIN SUBSTANCES.

    Notwithstanding section 201 or subsection (a) or (b) of section 202 
of the Controlled Substances Act (21 U.S.C. 811, 812(a), 812(b)) 
respecting the scheduling of controlled substances, the Attorney 
General shall, by order, add ketamine hydrochloride and gamma y-
hydroxybutyrate to schedule III of such Act.

SEC. 3. ADDITIONAL PENALTIES RELATING TO GAMMA Y-HYDROXYBUTYRATE OR ITS 
              ANALOGUES OR KETAMINE HYDROCHLORIDE OR ITS ANALOGUES.

    (a) General Penalties.--Section 401 of the Controlled Substances 
Act (21 U.S.C. 841) is amended in subsection (b)(1)(C), by inserting 
``, or any amount of gamma y-hydroxybutyrate (GHB) or its analogues or 
ketamine hydrochloride or its analogues,'' after ``I or II''.
    (b) Import and Export Penalties.--
            (1) Section 1009(a) of the Controlled Substances Import and 
        Export Act (21 U.S.C. 959(a)) is amended by inserting ``or 
        gamma y-hydroxybutyrate (GHB) or its analogues or ketamine 
        hydrochloride or its analogues'' after ``I or II''.
            (2) Section 1010(b)(3) of the Controlled Substances Import 
        and Export Act (21 U.S.C. 960(b)) is amended by inserting ``or 
        gamma y-hydroxybutyrate (GHB) or its analogues or ketamine 
        hydrochloride or its analogues'' after ``I or II''.
            (3) Section 1010(b)(4) of the Controlled Substances Import 
        and Export Act is amended by inserting ``(except a violation 
        involving gamma y-hydroxybutyrate (GHB) or its analogues or 
ketamine hydrochloride or its analogues)'' after ``III, IV or V,''.
    (c) Sentencing Guidelines.--
            (1) Amendment of sentencing guidelines.--Pursuant to its 
        authority under section 994 of title 28, United States Code, 
        the United States Sentencing Commission shall review and amend, 
        as appropriate, the sentencing guidelines for offenses 
        involving gamma y-hydroxybutyrate (GHB) or its analogues or 
        ketamine hydrochloride or its analogues.
            (2) Summary.--The United States Sentencing Commission shall 
        submit to the Congress--
                    (A) a summary of its review under paragraph (1); 
                and
                    (B) an explanation for any amendment to the 
                sentencing guidelines made under paragraph (1).
            (3) Serious nature of offenses.--In carrying out this 
        subsection, the United States Sentencing Commission shall 
        ensure that the sentencing guidelines for offenses involving 
        gamma y-hydroxybutyrate (GHB) or its analogues or ketamine 
        hydrochloride or its analogues reflect the serious nature of 
        such offenses.

SEC. 4. INCREASED PENALTIES FOR UNLAWFUL SAMPLE 1 POSSESSION OF GAMMA 
              Y-HYDROXYBUTYRATE (GHB) OR ITS ANALOGUES OR KETAMINE 
              HYDROCHLORIDE OR ITS ANALOGUES.

    Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) 
is amended by inserting after ``exceeds 1 gram.'' the following: 
``Notwithstanding any penalty provided in this subsection, any person 
convicted under this subsection for the possession of gamma y-
hydroxybutyrate (GHB) or its analogues or ketamine hydrochloride or its 
analogues shall be sentenced to a term of imprisonment which may not be 
more than 3 years, shall be fined as otherwise provided in this 
section, or both.''.

SEC. 5. CHEMICAL LISTING.

    The Attorney General shall specify gamma butyrolactone (GBL) as a 
list I chemical in the Chemical Diversion and Trafficking Act of 1988 
(21 U.S.C. 802).

SEC. 6. EDUCATION AND DRUG ABUSE PREVENTION.

    The Attorney General shall establish programs throughout the United 
States and disseminate materials to provide young people in high school 
and college with education about the use of controlled substances in 
the furtherance of rape and sexual assault and shall assist law 
enforcement personnel in the prevention of abuse of controlled 
substances for such purposes.
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