[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

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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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