[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10484-S10486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM:
  S. 1561. 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; to the Committee on the Judiciary.


                   date-rape drug control act of 1999

  Mr. ABRAHAM. Mr. President, I rise to introduce the Date Rape Drug 
Control Act of 1999. This legislation will address a growing epidemic 
in our land that is taking too many lives.
  Mr. President, so-called date-rape drugs are becoming increasingly 
common in our nation. These drugs, so named because they are used in 
order to incapacitate women and make them vulnerable to sexual assault, 
are finding their way into nightclubs, onto campuses and into homes. 
They are being used by sexual predators against young--sometimes very 
young--women. The results are terrible and often tragic. Women 
victimized by drugs like gamma hydroxybutyric acid (or GHB) and 
Ketamine may be raped, they may become violently ill, and they may die.
  Mr. President, I'd like to give just one example of the horrible 
consequences of drugs like GHB and Ketamine. In January of this year 
three young girls, none of them yet 16, were at a party given by a 25 
year-old man in Woodhaven, Michigan. 15 year-old Samantha Reid drank a 
Mountain Dew--a soft drink--and passed out within minutes. She vomited 
in her sleep, and she died. Her friend, Melanie Sindone, also 15, 
passed out and lapsed into a coma, but has fortunately survived. The 
third young woman, Jessica VanWassehnova, had traces of GHB in her 
blood and only had a minor reaction of nausea. The three teenage boys 
are now facing manslaughter and felony poison charges.
  These two girls had no reason to believe that they were drinking 
anything dangerous. But they were wrong. Their drinks had been laced 
with both GHB and Ketamine. Men at the party apparently put these drugs 
in the girls' drinks, to a tragic result.
  Mr. President, this was a terrible series of events, and one that has 
been repeated far too many times. Our young women are being raped and 
killed by sexual predators using GHB and Ketamine. And that must stop.
  The Date Rape Drug Control Act will provide law enforcement personnel 
with the tools they need to fight the date-rape epidemic. It directs 
that GHB and Ketamine be classified as Schedule I controlled 
substances, as drugs like heroin and cocaine are today. In addition, 
the bill authorizes additional reporting requirements that will enhance 
the ability of authorities to track the manufacture, distribution and 
dispensing of GHB and similar products. And it directs the Secretary of 
Health and Human Services to submit annual reports to Congress 
estimating the number of incidents of date-rape drug abuse that 
occurred during the most recent year for which data are available.
  Finally, Mr. President, this bill requires the Secretary, in 
consultation with the Attorney General, to develop a plan for carrying 
out a national campaign to educate individuals about the dangers of 
date-rape drugs, the fact that they are controlled substances and the 
penalties involved for violating the Controlled Substances Act, how to 
recognize symptoms indicating that an individual may be a victim of 
date-rape drugs, and how to respond when an individual has these 
symptoms.

[[Page S10485]]

  The last provision is crucial, Mr. President, because those who use 
date-rape drugs depend on stealth in praying upon their victims. Young 
women who are on the look-out, who know what to look for and can 
recognize the signs of date-rape drug use will be at much lower risk of 
falling victim to GHB or Ketamine.
  It is time to act, Mr. President, to save young people, and young 
women in particular, from these deadly drugs and from the predators who 
use them. I ask my colleagues to give this important legislation their 
full support.
  Mr. President, I ask unanimous consent that the text of the Date-Rape 
Drug Control Act of 1999 and a section-by-section analysis be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1561

       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 ``Date-Rape Drug Control 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.

     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 
     substance having a depressant effect on the central nervous 
     system, or which contains any of their salts, isomers, and 
     salts of isomers whenever the existence of such salts, 
     isomers, and salts of isomers is possible within the specific 
     chemical designation:
       ``(1) Gamma hydroxybutyric acid.''.
       (2) Security of facilities.--For purposes of any 
     requirements that relate to the physical security of 
     registered manufacturers and registered distributors, gamma 
     hydroxybutyric acid and its salts, isomers, and salts of 
     isomers manufactured, distributed, or possessed in accordance 
     with an exemption approved under section 505(i) of the 
     Federal Food, Drug, and Cosmetic Act shall be treated as a 
     controlled substance in schedule III under section 202(c) of 
     the Controlled Substances Act.
       (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 (6) through (12), 
     respectively; and
       (2) by redesignating (3) as (4);
       (3) by inserting after (2) the following:
       ``(3) Gamma hydroxybutyric acid and its salts, isomers, and 
     salts of isomers contained in a drug product for which an 
     application has been approved under section 505 of the 
     Federal Food, Drug, and Cosmetic Act.''; and
       (4) by inserting after (4) (as so redesignated) the 
     following:
       ``(5) 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.''.
       (d) 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) 
     that the chemical is a controlled substance analogue.''.
       (e) Penalties Regarding Schedule I.--
       (1) 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 in schedule III,''.
       (2) Conforming amendment.--Section 401(b)(1)(D) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(D)) is amended 
     by inserting ``(other than gamma hydroxybutyric acid)'' after 
     ``schedule III''.
       (f) 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. 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. DEVELOPMENT OF FORENSIC FIELD TESTS FOR GAMMA 
                   HYDROXYBUTYRIC ACID.

       The Attorney General shall make a grant for the development 
     of forensic field tests to assist law enforcement officials 
     in detecting the presence of gamma hydroxybutyric acid and 
     related substances.

     SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL 
                   AWARENESS CAMPAIGN.

       (a) Annual Report.--The Secretary of Health and Human 
     Services (in this section

[[Page S10486]]

     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.
                                  ____


    Date-Rape Drug Control Act of 1999--Section-by-Section Analysis

     SECTION 1. SHORT TITLE.

       ``Date-Rape Drug Control Act of 1999''

     SEC. 2. FINDINGS.

       This section sets out congressional findings regarding the 
     use of gamma hydroxybutyric acid, ketamine, and gamma 
     butyrolactone to facilitate sexual and other assaults.

     SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC ACID AND KETAMINE 
                   (GHB) TO SCHEDULES OF CONTROLLED SUBSTANCES; 
                   GAMMA BUTYROLACTONE AS ADDITIONAL LIST 1 
                   CHEMICAL.

       This section amends section 202(c) the Controlled 
     Substances Act to add gamma hydroxybutric acid and its salts 
     to the list of Schedule I drugs, unless these substances are 
     specifically excepted or listed in another schedule.
       For purposes of requirements in the Controlled Substances 
     Act relating to the physical security of the facilities of 
     registered manufacturers, gamma hydroxybutyric acid and its 
     salts, isomers, and salts of isomers which are manufactured, 
     distributed or possessed in accordance with an exemption 
     under section 505(i) of the Federal Food, Drug, and Cosmetic 
     Act (i.e., an investigational new drug exemption or ``IND'') 
     shall be treated as a controlled substance in Schedule III of 
     the Controlled Substances Act (as opposed to Schedule I).
       This section also amends section 202(c) of the Controlled 
     Substances Act to add Ketamine and its salts, isomers, and 
     salts of isomer to the list of Schedule III drugs and section 
     102(34) of the Controlled Substances Act to add gamma 
     butyrolactone (GBL) to the list of List I chemicals.
       Further, under this section, gamma hydroxbutyric acid and 
     its salts, isomers, and salts of isomers which are contained 
     in a drug that has been approved by the Food and Drug 
     Administration (FDA) is scheduled under Schedule III. 
     However, the section imposes Schedule I penalties (as opposed 
     to the penalties that would apply under Schedule III).
       This section amends section 102(32) of the Controlled 
     Substances Act to include that the designation of gamma 
     butyrolactone or any other chemical as a ``List I'' or a 
     ``List II'' precursor chemical does not preclude a finding 
     that the chemical is a controlled substance analogue.
       Section 401(b)(7)(A) of the Controlled Substances Act is 
     amended by including penalties for distribution of a 
     ``controlled substance analogue'' with the intent to commit a 
     crime of violence (including rape).

     SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING REQUIREMENTS FOR 
                   GAMMA HYDROXYBUTYRIC PRODUCTS IN SCHEDULE III.

       This section amends section 307 of the Controlled 
     Substances Act for approved drugs containing gamma 
     hydroxybutyric acid to permit the Attorney General to 
     establish additional reporting requirements that may enhance 
     the ability of authorities to track the manufacturing, 
     distribution, and dispensing of these drugs, including mail 
     order distribution and dispensing.

     SEC. 5. DEVELOPMENT OF FORENSIC FIELD TESTS FOR GAMMA 
                   HYDROXYBUTRIC ACID.

       This section requires the Attorney General to make a grant 
     for the development of forensic field tests to assist law 
     enforcement officials in detecting the presence of gamma 
     hdroxybutric acid and related substances.

     SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL 
                   AWARENESS CAMPAIGN.

       This section requires the Secretary of Health and Human 
     Services to submit annual reports to Congress estimating the 
     number of incidents of date-rape drug abuse that occurred 
     during the most recent year for which data are available. The 
     first report is due January 15, 2000.
       This section also requires the Secretary, in consultation 
     with the Attorney General, to develop a plan for carrying out 
     a national campaign to educate individuals about the dangers 
     of date-rape drugs, the fact that they are controlled 
     substances and the penalties involved for violating the 
     Controlled Substances Act, how to recognize the symptoms 
     indicating an individual may be a victim of date-rape drugs, 
     and how to appropriately respond when an individual has such 
     symptoms. This campaign is directly not only at young adults 
     and youths, but also at law enforcement personnel, educator, 
     school nurses, counselors of rape victims, and hospital 
     emergency room personnel.
       To advise the Secretary on the plan, this section directs 
     the Secretary to establish an advisory committee composed of 
     individuals possessing expertise on the effects of date-rape 
     drugs and on detecting and controlling drugs. The advisory 
     committee must be established within 180 days after the 
     enactment of this legislation. Within 180 days after the 
     advisory committee is established, the Secretary must 
     implement the campaign.
       No later than two years after the campaign begins, the 
     Comptroller General is directed to submit to Congress an 
     evaluation of its effectiveness and recommendations for 
     improving its effectiveness, if appropriate.
       This section defines ``date-rape drugs'' as GHB and its 
     salts and such other drugs as the Secretary, after 
     consultation with the Attorney General, determines to be 
     appropriate.
                                 ______