[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2130 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2130

To amend the Controlled Substances Act to add gamma hydroxybutyric acid 
 and ketamine to the schedules of control substances, to provide for a 
          national awareness campaign, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

 Mr. Upton (for himself, Mr. Stupak, Ms. Jackson-Lee of Texas, and Mr. 
   Bliley) 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 amend the Controlled Substances Act to add gamma hydroxybutyric acid 
 and ketamine to the schedules of control substances, 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 Date-Rape 
Prevention Drug Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Gamma hydroxybutyric acid (also called G, Liquid X, 
        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 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) Gamma hydroxybutyric acid 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.

SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC ACID AND KETAMINE TO SCHEDULES 
              OF CONTROLLED SUBSTANCES; GAMMA BUTYROLACTONE AS 
              ADDITIONAL LIST I CHEMICAL.

    (a) Addition to Schedule I.--
            (1) In general.--Section 202(c) of the Controlled 
        Substances Act (21 U.S.C. 812(c)) is amended by adding at the 
        end of schedule I the following:
    ``(d) Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation which 
contains any quantity of the following substances having a depressant 
effect on the central nervous system:
            ``(1) Gamma hydroxybutyric acid and its salts.''.
            (2) Rule of construction.--With respect to the schedules of 
        controlled substances under section 202(c) of the Controlled 
        Substances Act, the amendment made by paragraph (1) may not be 
        construed as prohibiting the Attorney General from exercising 
        the authority under section 201(a) of such Act to transfer 
        gamma hydroxybutyric acid and its salts from schedule I to 
        another schedule in the event that the Attorney General makes 
        with respect to such drug and its salts the findings required 
        in section 202(b) of such Act for such other schedule.
    (b) Addition to Schedule III.--Schedule III under section 202(c) of 
the Controlled Substances Act (21 U.S.C. 812(c)) is amended in (b)--
            (1) by redesignating (4) through (10) as (5) through (11), 
        respectively; and
            (2) by inserting after (3) the following:
            ``(4) Ketamine and its salts, isomers, and salts of 
        isomers.''.
    (c) 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. 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 the 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 the 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 and such other 
drugs or substances as the Secretary, after consultation with the 
Attorney General, determines to be appropriate.
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