[Congressional Record Volume 146, Number 5 (Monday, January 31, 2000)]
[House]
[Pages H55-H62]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HILLORY J. FARIAS AND SAMANTHA REID DATE-RAPE DRUG PROHIBITION ACT OF
1999
Mr. UPTON. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendments to the bill (H.R. 2130) 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.
The Clerk read as follows:
Senate 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
[[Page H56]]
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
[[Page H57]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentlewoman from Texas (Ms. Jackson-Lee)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Upton).
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous matter on this legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to ask my colleagues to join me in
supporting the passage of H.R. 2130, the Hillory J. Farias and Samantha
Reid Date-Rape Drug Prohibition Act.
As you may recall, the House initially approved this legislation last
October on a vote of 423 to 1. This evening we will vote on this
legislation as amended by the Senate, and if the legislation is
approved, it will go straight to the President to be signed into law.
The legislation we are considering today will amend the Controlled
Substances Act to put GHB, a dangerous and sometimes fatal drug used to
facilitate sexual assaults, in schedule 1 of the Controlled Substances
Act, the most tightly regulated category of drugs with the strongest
penalties for misuse.
It will also clamp tight controls on GBL, a precursor to GHB that is
itself being used to facilitate sexual assaults.
This legislation is desperately needed. The abuse, trafficking, and
diversion of GHB is rapidly increasing. The Drug Enforcement
Administration has documented nearly 6,000 encounters of GHB. Deaths
from the drug are escalating rapidly, from one in 1990 to 17 last year,
for a total of 58 deaths. Emergency room episodes resulting from the
use of the drug are also escalating rapidly, from 20 in 1992 to 762 in
1997, the last year for which data is available, for a total of more
than 1,600 episodes.
Sadly, these numbers are reflecting only the tip of an iceberg. GHB
is difficult to detect, almost impossible, in the body, within a few
hours of its being ingested. Many law enforcement officers and
emergency room personnel are not trained to look for it.
As an example, I heard from one source in Kansas City that they
suspected thousands of date rape and drug abuse cases in the greater
Kansas City region since 1993. The legislation before us was sparked by
the death of two young, wonderful women, one in Texas and one in
Michigan, whose drinks were spiked with GHB. Since then, five more
women have died in Texas and another two in Michigan. We must act now
before this tragic toll rises any further.
The FDA has issued consumer warnings about products containing GBL,
which converts to GHB, when ingested in dietary supplements, and has
asked companies marketing products containing GBL to recall them.
In August of last year the FDA sent a message to help professionals
across the country, asking them to report adverse events associated
with the consumption of these products. Since then, the agency has
received 122 reports of serious adverse reactions, such as dangerously
low respiration rates which may require intubation, unconsciousness,
coma, seizures, irregular heartbeat, and yes, death.
Just this last month, as you may have read, Phoenix Suns player Tom
Gugliotta suffered a seizure that caused him to stop breathing after
taking an over-the-counter herbal supplement containing GBL. Similarly,
a 16-year-old Peoria, Illinois high school student collapsed during a
school gym class after taking a product containing GBL. He lost
consciousness, stopped breathing, and had to be resuscitated by
paramedics.
The Senate amended H.R. 2130 to further develop and strengthen the
Department of Justice's focus on GHB and to provide for the development
of forensic field tests for the detection of this substance. In all
other respects, the Senate amendments have had the same effect as the
legislation that we passed here in the House in October.
I wish to express my appreciation for the help of so many of my
colleagues, the gentleman from Michigan (Mr. Stupak), the gentlewoman
from Texas (Ms. Jackson Lee), the gentleman from Florida (Mr.
Bilirakis), and the gentleman from Virginia (Chairman Bliley), the help
that they have given in getting us to this point, and for the
leadership of the Senate, particularly Senator Abraham and Senator
Hatch, in steering this legislation for Senate approval. This has been
a bipartisan effort from day number one.
With all my heart, as the father of a daughter and son, I ask that
the House approve this legislation tonight and send it to the
President. Let us do this for all of our sons and daughters, who are at
grave risk so long as these substances are so readily available.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, as a Member of the Committee on the Judiciary, the
Subcommittee on Crime, I am delighted to join my colleague, the
gentleman from Michigan (Mr. Upton), a member of the Committee on
Commerce, and thank him for his leadership.
In fact, his leadership was so strong that he was making sure that as
I came in and landed at Reagan National, that I would hurry on, and I
got here timely. I thank him very much for that.
This has been a very long journey, and the one thing that we can
applaud, Mr. Speaker, is that we have worked together, the Committee on
Commerce, the Committee on the Judiciary, and we have answered the call
of so many victims, now I am told almost between 40 to 50 who have
died.
There was an anecdotal story of a Texas young woman who begged for
help, explaining that her whole body hurt so much that the only way to
stop it is to take more GHB but she wanted desperately to quit. She had
actually died two times on GHB and was brought back by paramedics. She
was raped while on GHB. She had not reported it because she felt it was
her fault for getting high.
I am gratified that Members of the Committee on Commerce, the
gentlemen from Michigan, Mr. Upton and Mr.
[[Page H58]]
Stupak, and the gentleman from Virginia (Mr. Bliley) and I introduced
this bipartisan bill, the Hillory J. Farias Samantha Reid Date Rape
Prevention Act of 1999.
Mr. Speaker, I am also grateful to the ranking member, the gentleman
from Michigan (Mr. Dingell), the gentleman from Ohio (Mr. Brown), the
gentleman from Florida (Mr. Bilirakis); members of my committee, the
gentleman from Florida (Mr. McCollum), the gentleman from Virginia (Mr.
Scott), the gentleman from Illinois (Mr. Hyde), and the gentleman from
Michigan (Mr. Conyers). This was a bipartisan effort.
I am looking forward for this bill to be supported by my colleagues,
and, as well, to go quickly to the desk of the President of the United
States.
This is a victory for those of us who are concerned about date rape
drugs. This drug, GHB, has been used in innumerable rapes around the
country and has been implicated, as I have said, in at least 40 to 50
deaths. In addition to date rape, this drug is very popular on the
party scene in many cities, and it is widely abused.
I was prompted to act to control the illicit use of GHB 3 years ago
because of the death of Hillory J. Farias of LaPorte, Texas, on August
5, 1996. Our community was dumbfounded, baffled. I introduced a GHB
bill in 1997, and have continued to advocate for its passage to prevent
more women from being victimized by date rape drugs.
Hillory Farias was a 17-year-old high school senior, a model student
and varsity volleyball player who died as a result of GHB being slipped
into her soft drink. She was not a drug user.
Hillory and two other girlfriends went out to a club where they
consumed only soft drinks. At some point during the evening GHB was
slipped into Hillory's drink. Soon afterwards she complained of feeling
sick with a severe headache. She went home to bed, but the next morning
Hillory was found by her grandmother unconscious and unresponsive. She
was rushed to the hospital where she later died, never resuming
consciousness.
Unfortunately, Hillory's death was not the only tragedy of this drug.
My office has been contacted by the families of several victims of the
drug since March of last year. In January, 1999, 15-year old Samantha,
a young lady from Michigan, died as a result of this drug being put in
her soda while out with friends. Another 14-year-old girl was also
poisoned with GHB and went into a coma. Four young men will go on trial
for Samantha's murder this year. On January 2, Samantha would have been
16 years old.
Her death prompted other Members from the Michigan delegation to
become interested in this issue, and thus this legislation is named for
both of these young women whose lives were cut short by this drug.
There is also another incident in Michigan where 14 teenagers at a
party ingested GHB and lapsed into comas during the Fourth of July
holiday last year.
In addition to the tragic stories of Hillory and Samantha, my office
was contacted by the office of the gentleman from New York (Mr.
LaFalce) with the story of Kerri Breton from Syracuse, New York, who
also died from this drug being slipped into her drink. Ms. Breton was
away on a business trip and was having a drink in a hotel bar with a
colleague. She was found next day dead on the bathroom floor of her
hotel room. Her stepfather shared this painful story in the hope it
would alert others to the dangers of this drug.
Mr. Speaker, this drug is not a respecter of any age. You do not have
to be very smart, you do not have to be unsmart, if you will; you do
not have to be educated or uneducated; you do not have to be rich or
poor. This is a drug that respects no one and causes the loss of life
of wonderful human beings.
A young man from the Chicago area overdosed and almost died last
September. He was using the drug because he wanted to be a bodybuilder.
Just recently I received more information about young people who are
addicted to this drug. In Texas there is a young woman who was addicted
to GHB and clinically died twice.
In addition, these tragedies underscore the importance of this
legislation. All of these incidents among young people are stronger
evidence that this drug has a high potential for abuse and must be
placed on the schedule for the Controlled Substances Act.
A few months ago during the summer there was a rave party in
California up in the mountains. Those who attended were alleged to have
taken GHB, as has been noted by these rave parties that have gone on. A
car loaded with young people went over the side of the mountain. Of
course, they lost their lives leaving the rave party.
Without this bill, illicit use of GHB would increase dramatically.
There are undoubtedly other deaths that may not have been classified as
GHB-related because the drug is not part of the standard toxicology
screen. That is why we are very grateful for this bill, that includes
part of the responsibilities of FDA and the Justice Department, so that
we will have those kinds of tools for law enforcement to utilize.
In addition, GHB has been used to render victims helpless to defend
against an attack, and it even erases any memory of the attack. That is
why it has been so difficult to prove rape.
As a drug of abuse, GHB is ingested orally after being mixed in a
liquid. The onset of action is rapid and unconsciousness can occur in
as little as 15 minutes. Profound coma can occur within 30 to 40
minutes after ingestion. GHB has also been used by drug abusers for its
alleged hallucinogenic effects, and by bodybuilders.
I believe by classifying this drug now, we send a strong message to
those who would use this drug and its analogs to commit crimes against
women and others. In addition to being used for date rape, this drug is
being used at alarming rates among young people.
However, my position does not mean I am insensitive to the concerns
of patients who might be helped by this drug. This drug has shown some
benefits to patients with a specific form of narcolepsy in clinical
trials, those who suffer from sleeping sickness, and for those uses
during trials to try to cure that disease.
{time} 1430
There is a possibility that GHB can be used for the treatment of such
diseases. We want that to occur, because it is a rare disorder. We
believe that this bill matches the medicinal needs along with the needs
to protect our citizens from the devastation of illegal use of GHB,
known to be made in bathtubs in large amounts.
The distribution of this drug would be strictly controlled to ensure
that only patients in need of this drug would have access. This bill
also provides for a grant by the Department of Justice to research a
forensic test to assist law enforcement in detecting GHB on the street,
one of our major problems in making the cases. This would improve the
ability to prosecute date rape and other crimes involving this
substance.
Mr. Speaker, this bill reaches a compromise; and I am glad. And as I
stated earlier, we have been working a long time to pass this bill and
to schedule this drug, because I do not want to see any more lives cut
short by GHB.
I thank all the people who were involved in this. One of my sources
for information was Trinka Porrata, a retired member of the Los Angeles
Police Department. She has been a steady voice explaining to all of us
that GHB is dangerous and can be devastating and causes the loss of
lives. I thank Trinka for working with my staff for the past 3 years
and coming to Washington, D.C. to testify twice in this journey that we
have made.
Mr. Speaker, I would also like to thank the Farias family, her uncles
and grandparents, for sharing their story to help us inform others
about this drug. They did not need to come forward, but they did. I
thank them for their courage.
I thank as well, Harris County Medical Examiner, Dr. Joy Carter, who
was the one who discovered what was the cause of, of course, Hillary's
death. And I would like to thank Samantha Reid's mother for support of
our efforts.
Of course, I want to take note of the Senate's leadership as well;
the families of other victims who have shared this devastation; and my
colleagues, the gentleman from Michigan (Mr. Upton), the gentleman from
Michigan (Mr. Stupak), the gentleman from Michigan (Mr. Dingell), and
Senator
[[Page H59]]
Abraham and the other members of the Michigan delegation, and the
gentlewoman from Michigan (Ms. Stabenow) for showing interest in this
issue as well.
I would like to take time to thank the staff members of the Committee
on Commerce for their hard work, especially John Ford with the minority
staff and John Manthei with the majority staff. I would also like to
thank Members of the Committee on the Judiciary for their work on this
issue last year and this year, as I mentioned the gentleman from
Virginia (Mr. Scott), the gentleman from Michigan (Mr. Conyers), the
gentleman from Florida (Mr. McCollum) and the gentleman from Illinois
(Chairman Hyde). In 1998, we had a hearing on this issue in the
Subcommittee on Crime and it shed a lot of light on date rape and the
illicit use of GHB.
Often, they say that our two committees find it difficult to find
compromise. I am very pleased to stand here today and acknowledge that
they have. I also thank the staff members who worked on this as well in
my office, Deena Maerowitz, Ayanna Hawkins, and Leon Buck. Finally, I
thank all of those who are victims but yet still living. And let me
promise the young people and others of the future that with the passage
of this GHB legislation, we look to save more lives and I ask the
President to sign this bill as quickly as possible.
I am pleased to stand here today in strong support of the Hillory J.
Farias and Samantha Reid Date Rape Prevention Act of 1999. Last summer,
I joined my Colleagues on the Commerce Committee, Representatives
Upton, Stupak, and Bliley, to introduce this bipartisan bill. I have
waited a long time for this day, and I look forward to the next step
for this legislation, which is getting President Clinton to sign this
into law.
This day has been a long time coming, but it is a victory for those
of us who are concerned about date rape drugs. This drug, GHB (Gamma
Hydroxy-butyrate) has been used in innumerable rapes around the country
and has been implicated in at least 40 deaths. In addition to date
rape, this drug is very popular on the party scene in many cities and
it is widely abused.
I was prompted to act to control the illicit use of GHB three years
ago because of the death of Hillory J. Farias, of Laporte, Texas on
August 5, 1996. I introduced a GHB bill in 1997 and I have continued to
advocate for its passage to prevent more women from being victimized by
date rape drugs.
Hillory Farias was a 17-year-old high school senior, model student
and varsity volleyball player who died as a result of GHB slipped into
her soft drink.
Hillory and two of her girlfriends went out to a club where they
consumed only soft drinks. At some point during the evening, GHB was
slipped into Hillory's drink and soon afterwards, Hillory complained of
feeling sick with a severe headache.
She went home to bed, but the next morning, Hillory was found by her
grandmother unconscious and unresponsive. Hillory was rushed to the
hospital where she later died.
Unfortunately, Hillory's death was not the only tragedy of this drug.
My office has been contacted by the families of several victims of this
drug since March of last year.
In January 1999, 15 year old Samantha Reid, a young lady from
Michigan, died as a result of this drug being put in her soda while out
with friends. Another 14 year old girl who was also poisoned with GHB
went into a coma.
Four young men will go on trial for Samantha's murder this year. On
January 2, Samantha would have been 16 years old.
Samantha's death prompted other Members from the Michigan delegation
to become interested in this issue and thus, this legislation is named
for both of these young women whose lives were cut short by this drug.
There was also another incident in Michigan where four teenagers at a
party ingested GHB and lapsed into comas during the Fourth of July
holiday last year.
In addition to the tragic stories of Hillory and Samantha, my office
was contacted by Representative LaFalce's office with the story of
Kerri Breton, from Syracuse, New York who also died from this drug
being slipped into her drink.
Ms. Breton was away on a business trip and was having a drink in the
hotel bar with a colleague. She was found the next day dead on the
bathroom floor of her hotel room. Her stepfather shared this painful
story in hope that it would alert others to the dangers of this drug.
A young man from the Chicago area overdosed and almost died last
September. He was a bodybuilder who had abused drugs for years. The
doctors and law enforcement officials in the Chicago area did not know
anything about GHB. If his sister had not been around when he lost
consciousness, he would have surely died. She called my office to share
the painful account of how her family almost had to prepare for her
brother's death.
Just recently, I received more information about young people who are
addicted to this drug. In Texas, there was a young woman who was
addicted to GHB and clinically died twice.
She was also raped while on GHB, but she did not report it to the
police because she felt that it was her fault for getting high. She is
now in the process of rebuilding her life through a drug detox program.
These tragedies underscore the importance of this legislation. All of
these incidents among young people are strong evidence that this drug
has a high potential for abuse and must be placed on the schedule for
the Controlled Substances Act.
Without this bill, illicit use of GHB would increase dramatically.
There are undoubtedly other deaths that may not have been classified as
GHB-related because the drug is not a part of a standard toxicology
screen. So far, there have been close to 50 confirmed deaths.
GHB has been used to render victims helpless to defend against attack
and it even erases any memory of the attack. The recipe for this drug
and its analogs can be accessed on the Internet. Currently, GHB is not
legally produced in the United States. It is being smuggled across our
borders or it is being illegally created here by ``bathtub'' chemists.
As a drug of abuse, GHB is generally ingested orally after being
mixed in a liquid. The onset of action is rapid, and unconsciousness
can occur in as little as 15 minutes. Profound coma can occur within 30
to 40 minutes after ingestion.
GHB has also been used by drug abusers for its alleged hallucinogenic
effects and by bodybuilders who abuse GHB for an anabolic agent or as a
sleep aid.
I believe that by classifying this drug now, we send a strong message
to those who would use this drug and its analogs to commit crimes
against women. In addition to being used for date rape, this drug is
being abused at alarming rates among young people.
However, my position on the illicit use of GHB does not mean that I
am insensitive to the concerns of patients that might be helped with
this drug. This drug has shown some benefits to patients with a
specific form of narcolepsy in clinical trials.
There is a possibility that GHB can be developed for the treatment of
cataplexy, a rare form of narcolepsy. Cataplexy is a rare disorder that
causes sudden and total loss of muscle control. People with cataplexy
are unable to work, drive or lead a normal life. Like my colleagues, I
understand the situation that affects these patients and I am sensitive
to their need for treatment of that disorder.
This bill reflects a compromise that takes into account the needs of
the patient group and the needs of law enforcement. This bill enables
law enforcement to prosecute anyone who abuses GHB to the full extent
of the law by placing the drug on Schedule I of the Controlled
Substances Act.
Scheduling GHB on the Federal Controlled Substances Act allows
prosecutors to punish anyone who uses a scheduled drug in any sexual
assault crime to suffer penalties under the Drug Induced Rape
Prevention and Punishment Act. This bill would increase the sentence
for someone using GHB to commit a sex crime to 20 years imprisonment.
However, this bill protects people with cataplexy by providing an
exemption for those enrolled in clinical trials now, and later it
reschedules the drug once it has been approved by the FDA.
The distribution of the drug would be strictly controlled to ensure
that only patients in need of this drug would have access to it. Any
illicit use of GHB would result in the enhanced sentence penalties.
This bill also provides for a grant by the Department of Justice to
research a forensic test to assist law enforcement in detecting GHB on
the street. This would improve the ability to prosecute date rape and
other crimes involving this substance. This provision provides law
enforcement with a crucial tool in fighting this drug on the street.
This bill reaches a compromise that will benefit the patients who
desperately need this drug for treatment and law enforcement agencies
that need the tools to fight the use of this drug among young people.
As I stated earlier, I have been working to pass legislation to
schedule this drug for a long time now because I do not want to see any
more young lives cut short by GHB. There are many people who have been
resources to my staff these years and I would like to thank them
publicly for their work.
I would like to thank all of the people who have been involved with
this process from the beginning and who provided me with information
about this drug. One of my sources for information was Trinka Porrata,
a retired member of the Los Angeles police department. She has been a
strong advocate for this legislation.
[[Page H60]]
Trinka has worked with my staff for the past three years on this
legislation. She has come to Washington to testify twice and she has
been a valuable resource of information on how this drug has become
popular on the street.
I would like to thank the Farias family for sharing their story to
help us inform others about this drug. Their tragedy and loss cannot be
overlooked and I appreciate their patience with us. We have worked
closely with Hillory's family and the Harris County medical examiner,
Dr. Joy Carter, since I first introduced this bill.
I would also like to thank Samantha Reid's mother for her support of
our efforts as well. Last year when this bill came to the floor, she
vowed to call everyone she could to see it pass, and I thank her for
her willingness to turn her tragedy into action to help save other
lives.
I would also like to thank the families of the other victims who have
shared their stories with us as well. With the passage of this bill
today, I hope that there will be some comfort brought to those families
that their loved ones did not die or suffer in vain.
I thank my colleagues from Michigan--Representatives Upton, Stupak,
and Dingell--as well as Senator Abraham who were instrumental in moving
this legislation in memory of these young women. I would also like to
thank my other colleagues on the Commerce Committee for helping to move
this legislation through that Committee--Representatives Bliley and
Bilirakis.
I would also like to thank the staff members at the Commerce
Committee for their hard work, especially John Ford with the Minority
staff and John Manthei with the Majority staff.
I would also like to thank the Members of the Judiciary Committee for
their work on this issue last year and this year--especially
Representatives Scott, Conyers, McCollum, and Chairman Hyde. In 1998 we
had a hearing on this issue in the Crime Subcommittee and it shed a lot
of light on the issue of date rape and illicit drug abuse of GHB.
Finally, I would like to thank my staff for their hard work on this
issue. Again, I thank my colleagues for their support of this
legislation.
Mr. Speaker, I was expecting another speaker, but I believe the
travel difficulties have delayed this person's arrival, so I yield back
the balance of my time.
Mr. UPTON. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I would like to say with the passage of this bill
tonight, we will certainly end a nightmare that no family ever wants to
experience, whether it be in Texas, Michigan, California, or any of the
other 50 States.
I want to particularly commend the hard work and diligence of all
Members on this legislation. It was about a year ago that our
subcommittee first became involved in this, moving from the good work
that had been done in the Committee on the Judiciary from a previous
Congress. We quickly discovered that, in fact, the laws were too loose,
the loopholes ought to be closed. Sadly, we still saw deaths even when
that information became public.
Mr. Speaker, these drugs are available on the Internet. It has to
stop. This bill does that. I look forward to working with all Members
tonight to make sure that this is passed and, obviously, with the
administration as they have indicated that they are going to support
this legislation as well.
Mr. BILIRAKIS. Mr. Speaker, I rise in strong support of H.R. 1230,
``The Hillory J. Farias Date Rape Prevention Drug Act of 1999.'' This
important, bipartisan legislation was unanimously approved by my Health
and Environment Subcommittee in July of last year, and the House passed
the bill in October. Today, the House will consider the Senate-passed
version of this legislation, and I urge my colleagues to support this
measure.
H.R. 2130 was introduced by Representative Fred Upton, joined by
Representatives Tom Bliley, Bart Stupak and Sheila Jackson-Lee. The
bill amends the Controlled Substances Act to make GHB a Schedule I
drug, the DEA's most intensively regulated category of drugs. GHB is a
central nervous system depressant that has been abused to assist in the
commission of sexual assaults.
As a further protection, H.R. 2130 lists GBL, the primary precursor
used in the production of GHB, as a List I chemical. These compounds--
GHB and GBL--are more commonly known as ``date-rape'' drugs.
The bill before us includes language designed to protect very
important and promising research on an orphan drug that contains GHB
and is used in the treatment of narcolepsy patients. These provisions
were adopted as an amendment when the bill was considered by my Health
and Environment Subcommittee.
I urge my colleagues to join me in supporting passage of H.R. 2130.
Mr. STUPAK. Mr. Speaker, I rise in strong support of passage of H.R.
2130, the Hillory J. Farias Date Rape Prevention Act. In October, this
House overwhelmingly passed this legislation and I urge my colleagues
to do so again today.
As many of my colleagues know, I have long been concerned with the
problem of drug abuse and date rape. In addition to other efforts, I am
an original co-sponsor of H.R. 2130, the legislation we are considering
here today. H.R. 2130, as amended, is the product of a compromise
worked out by numerous parties in the Commerce Committee, Judiciary
Committee and the Senate to address the concerns and needs of both law
enforcement and patients.
I am sure that all the members of this body have heard or read about
the terrible incidents surrounding GHB. GHB has been widely used by
nefarious individuals to help commit date rapes. It has been widely
abused by teenagers seeking an easily available illicit substance. GHB
is one of the first drugs in which the recipe for manufacture at home
was widely available over the Internet. People were literally cooking
up the drug in their house by obtaining the ingredients and
instructions over the Internet. H.R. 2130 addressed this issue by
requiring tracking and reporting of possible misuse of GBL and other
precursor chemicals. By requiring the Drug Enforcement Agency to
schedule GHB, we will be giving the DEA strong controls over the drug
and allowing them to combat the rampant abuse of this drug which we are
currently seeing.
Finally, the bill requires the Department of Justice to develop a
forensic test to aid law enforcement officials in determining when GHB
or a GHB-related compound is involved in a criminal activity. This will
be helpful to law enforcement officials who currently have no way of
determining GHB's involvement in a crime or situation without
laboratory testing.
However, this bill recognizes that well-designed legislative efforts
should not throw the baby out with the bathwater, so to speak. By this,
I mean that the abusive use of GHB we have been focusing on should not
prevent possible legitimate or beneficial uses of the drug.
For example, GHB has shown considerable promise for the treatment of
narcolepsy. Specifically, this drug could benefit the approximately
30,000 people who suffer with a form of cataplexy, or the sudden loss
of muscle control. Good public policy recognizes these patients and the
important research which is being done attempting to address their
serious medical concerns.
The bill we are considering today, as passed by the Senate, is
different from the legislation we passed in October in a significant
respect. Since the Senate-passed version does not specifically schedule
GHB on the list of controlled substances, but rather instructs the DEA
about how the scheduling should occur. I want to make clear that
Congress clearly intends that once GHB is approved by the FDA, the DEA
should place the drug into Schedule III. We intend that this drug
product be treated in every respect as a Schedule III controlled
substance. Only in this way can we ensure that patients who need this
drug will have access to it.
Mr. Speaker, a lot of work has gone into reaching this bipartisan
legislation. I want to thank the gentlewoman from Texas, Ms. Jackson-
Lee, for working with me so diligently on this issue. I want to thank
the Chairman of the Commerce Committee Mr. Bliley, as well as Mr. Upton
and Mr. Bilirakis who were crucial in moving this bill through the
Commerce Committee. Finally I would like to thank Mr. Dingell, as well
as Mr. Brown and Mr. Klink for working with us on our side to move this
bill. I urge the House to pass this bill so we can prevent more deaths
from the misuse of this dangerous substance.
Mr. BLILEY. Mr. Speaker, I rise in support of H.R. 2130, as amended
by the Senate, ``the Hillory J. Farias and Samantha Reid Date-Rape Drug
Prohibition Act of 1999.'' As you know, along with Mr. Upton, Mr.
Stupak, and Ms. Jackson-Lee, I am one of the original sponsors of this
important legislation to address the growing national problem of the
abuse of date rape drugs to facilitate sexual assaults on unsuspecting
victims. By passing this legislation today and sending it to the
President to be signed into law, we will give the DEA and law
enforcement organizations the tools they need to take a significant
step forward in getting date rape drugs off of the streets and out of
the hands of criminals to protect our Nation's youth.
Although H.R. 2130, as amended by the Senate, uses different
language, the intent with respect to the scheduling of GHB under the
Controlled Substances Act (CSA) and listing GBL as a List I chemical
remains exactly the same as the bill that passed the full House last
year. H.R. 2130, as amended, would
[[Page H61]]
place GHB into schedule I of the CSA. Schedule I gives the Drug
Enforcement Administration its strongest control over the drug, and
allows prosecutors to impose the harshest penalties for those who abuse
GHB. Additionally, as in the bill passed in October, registered
manufacturers and registered distributors possessing the drug pursuant
to an FDA approved Investigation New Drug exemption (IND) would be
subject to schedule III security requirements under the CSA and
implementing regulations. This will protect patients with cataplexy--a
severe and debilitating form of narcolepsy--by allowing years of
promising research to continue.
Also, under H.R. 2130, as amended, if a drug product that contains
GHB receives FDA approval, the approved GHB drug product will be placed
in Schedule III of the CSA. However, given the dangers involving this
drug, H.R. 2130 adds additional reporting and accountability
requirements to conform with the requirements for schedule I
substances, schedule II drugs, and schedule III narcotics, and,
significantly would maintain the strict schedule I criminal penalties
for the unlawful abuse of the approved drug product. Simply put, these
additional requirements and penalties in my opinion are needed to
provide greater protection to our nation's youth, and to give our law
enforcement agencies the ability to penalize those who abuse this
product to the fullest extent under the law.
These drugs are powerful sedatives, which in certain dosages can
induce unconsciousness or even death. In addition to the risk that is
posed by the misuse of these drugs by sexual predators, misuse of these
drugs for recreational abuse is also a growing danger. The numbers of
emergency room admissions for overdoses, drunk driving accidents, and
other injuries which are related to these drugs are all increasing with
no end in sight. Certainly, it seems like almost every week that we
read a new report involving the abuse of GHB and GBL. As many of you
know, H.R. 2130, as amended, is named after a young Texas woman,
Hillory Farias, and a young woman from Michigan, Samatha Reid, who died
after unknowingly ingesting GHB. We must do all that we can to ensure
that similar tragic events do not occur again. By passing H.R. 2130
today, we will take a significant step forward in that direction. Once
again, I would like to thank Mr. Upton for his leadership and tireless
efforts on this issue, and I look forward to seeing H.R. 2130 signed
into law.
Mr. HAYWORTH. Mr. Speaker, I commend and thank my colleague,
Congressman Fred Upton, for introducing H.R. 2130, the Hillory J.
Farias and Samantha Reid Date-Rape Drug Prohibition Act.
On December 17, 1999, Tom Gugliotta, who plays for the Phoenix Suns,
suffered a seizure and was nearly killed after taking a form of
furanone di-hydron, a generic chemical name for gamma butyrolactone
(GBL). In the United States, products containing GBL have been marketed
as dietary supplements and the sale of GBL is not regulated in most
states.
GBL is the primary precursor used in the production of gamma-
hydroxybutric acid (GHB). GHB has predominantly been abused by
America's youth to produce euphoric and hallucinatory states, and for
its alleged role as a growth hormone releasing agent to stimulate
muscle. Additionally, GHB has been used to assist in the commission of
sexual assaults.
The Drug Enforcement Administration (DEA) has documented over 5,700
overdoses and law enforcement encounters with GHB and 58 GHB-related
deaths. GBL, once absorbed orally, is rapidly converted into GHB in the
body and produces the same profile of physiological and behavioral
effects as GHB. In 1999, the FDA issued several warnings about products
that contain GBL and asked manufacturers to voluntarily recall all
products. Unfortunately, products containing GBL remain available for
sale over the Internet.
H.R. 2130 directs the Attorney General to schedule GHB (together with
its salts, isomers, and salts of isomers) as a ``Schedule I drug'', the
DEA's most regulated drug category, under the Controlled Substances Act
(CSA). In addition, H.R. 2130 specifically names GBL as a ``List I
chemical'', the DEA's most regulated chemical category.
Illicit use of many GHB analogues and precursor chemicals is a
significant and growing law enforcement problem. Importantly, H.R. 2130
will help DEA not only control GHB, but the full range of CSA drug
control measures would also apply to GBL.
It is imperative that the DEA has necessary tools to control these
dangerous substances to further prevent incidents such as Tom
Gugliotta's seizure. Therefore, I urge an aye vote on H.R. 2130.
Mr. PAUL. Mr. Speaker, today the Congress will collectively move our
nation yet another step closer to a national police state by further
expanding a federal crime to include amongst the list of controlled
substances that of GHB, a nutrient used for 25 years with beneficial
effects for those suffering from cataplexy, insomnia, narcolepsy,
depression, alcoholism, opiate addiction and numerous other conditions.
Of course, it is much easier to ride the current wave of federalizing
every human misdeed in the name of saving the world from some evil than
to uphold a Constitutional oath which prescribes a procedural
limitation by which the nation is protected from what is perhaps the
worst evil, totalitarianism. Who, after all, and especially in an
election year, wants to be amongst those members of Congress who are
portrayed as being soft on drugs or rape, irrespective of the
procedural transgressions and individual or civil liberties one
tramples in their overzealous approach.
Our federal government is, constitutionally, a government of limited
powers. Article one, Section eight, enumerates the legislative areas
for which the U.S. Congress is allowed to act or enact legislation. For
every other issue, the federal government lacks any authority or
consent of the governed and only the state governments, their
designees, or the people in their private market actions enjoy such
rights to governance. The tenth amendment is brutally clear in stating
``The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.''
In his first formal complaint to Congress on behalf of the federal
Judiciary, Chief Justice William H. Rehnquist said ``the trend to
federalize crimes that have traditionally been handled in state courts
* * * threatens to change entirely the nature of our federal system.''
Rehnquist further criticized Congress for yielding to the political
pressure to ``appear responsive to every highly publicized societal ill
or sensational crime.''
Even if GHB is as potentially dangerous as the bill's advocates
suggest, punishing possession of a useful substance because it
potentially could be used in a harmful manner is as inconsistent with
liberty as criminalizing the possession of handguns and cars.
Moreover, this bill empowers Health and Human Services to engage in a
national propaganda campaign on the dangers of GHB, creates a special
unit with the Drug Enforcement Agency to assess abuse and trafficking
in GHB, and authorizes the Justice Department to issue taxpayer-funded
grants for the development of police officer field-test equipment.
Aside from being further abuses of enumerated powers doctrine, the
substantive questions raised by this legislation make these usurpations
of state government authority even more reprehensible.
Additionally, this Act undermines the recently enacted Dietary
Supplement Health & Education Act (DSHEA) at the expense of thousands
of consumers who have safely used these natural metabolites of the
amino acid GABA. According to practicing physician Ward Dean, West
Point graduate and former Delta Force flight surgeon, HR 2130 appears
to be a case of pharmaceutical-company-protectionism. Because the
substances restricted under this act are natural, and hence, non-
patentable, the pharmaceutical concerns lose market-share in areas for
which GHB is a safer and less expensive means of treating numerous
ailments. In a recent letter from Dr. Dean, he states:
I have extensive experience in the clinical use of gamma
hyudroxy butyric acid (GHB) . . . I have used these
substances for over ten years on hundreds of patients (and
have advised thousands through my books and articles on the
subject). I have not had one instance reported to me of
adverse effects in my patients. GHB is the safest, most non-
toxic sleep inducing substance known. It has a wide range of
other therapeutic uses. The therapeutic threshold for GHB is
greater than almost any known pharmaceutical substance (the
LD50 is 40-100 times greater than the sleep-inducing
therapeutic dose of 3-6 grams!).
It is incongruous, to me, that a substance with such a wide
range of documented benefits that is so overwhelmingly safe,
can simultaneously be both a Schedule I and a Schedule III
substance. GHB is a naturally occurring substance, present in
all mammalian tissue as well as many foods. Consequently,
everyone is in ``possession'' of this ``controlled
substance``--and every grocery store that sells meat is in
``possession with intent to distribute.'' These are not
frivolous statements. In states where GHB is a Schedule I
substance, there have been several instances where the
charges have been dropped by the prosecution upon receipt of
documentation that GHB is in beef from the state in question.
I believe alleged violations of this proposed federal law
will be equally difficult to successfully prosecute.
Although GHB has been claimed to have been responsible for
a small number of deaths, many of these cases are
questionable. This is due to the fact that GHB is produced in
significant quantities by the body post mortem, and is
readily detectable in 96 out of 100 deceased persons even
when no GHB has been consumed.
For each of the aforementioned procedural and substantive reasons, I
must again oppose H.R. 2130, the Hillory J. Farias Date-Rape Prevention
Drug Act.
Ms. STABENOW. Mr. Speaker, I rise today in support of H.R. 2130, and
I commend the gentlemen from Michigan, Mr. Upton, Mr. Dingell, and Mr.
Stupak, as well as our other
[[Page H62]]
colleagues mentioned here today, for their work on this legislation. I
am a cosponsor of this bill and I am glad we are making this one of our
first priorities this session. I look forward to it becoming law very
soon.
H.R. 2130 will classify gamma hydroxybutyric, or GHB, as a schedule I
drug under the Controlled Substances Act, as it is in my home state of
Michigan. This action is necessary due to the increased and pernicious
use of this drug. According to the U.S. Drug Enforcement Agency (DEA),
at least 32 deaths have been associated with GHB since 1990, while over
3,500 overdoses have occurred. Emergency room visits due go GHB
increased nationally from 26 in 1992 to 629 in 1996.
Samantha Reid, one of the young women this bill is named after, was
from Michigan. She died one year ago after unknowingly ingesting GHB at
a party. She was 15 years old. It is this type of senseless tragedy
that H.R. 2130 is meant to address. GHB is odorless and colorless and
is easily slipped into a drink without the knowledge of the intended
victim. It is generally used as a date-rape drug, a crime that affects
women between the ages of 16 and 24 more than any other age group. It
is estimated that one in four college women have been the victim of
date-rape.
H.R. 2130 directs the Department of Justice to develop model
protocols for taking toxicology specimens and victim's statements in
association with drugs used to commit date-rape. This is important
because this crime too often goes unreported. A recent study indicates
that 84 percent of rape victims knew their attacker, and 57 percent of
those were raped on a date. Moreover, GHB is hard to trace, often
leaving the body within 24 hours. The DEA will also create a special
unit to analyze the growing use of date-rape drugs and make
recommendations to the Attorney General on how federal funds can best
be used to combat this problem.
Mr. Speaker, I would again like to commend the work of my colleagues
on this important legislation. I urge my colleagues to support its
passage.
Mr. UPTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Petri). The question is on the motion
offered by the gentleman from Michigan (Mr. Upton) that the House
suspend the rules and concur in the Senate amendments to the bill, H.R.
2130
The question was taken.
Mr. UPTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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