[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2130 Enrolled Bill (ENR)]

        H.R.2130

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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.

    Be it enacted by the Senate and House of Representatives 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 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 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 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. 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 1-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 2 
    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.