[106th Congress Public Law 172]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ172.106]
[[Page 114 STAT. 7]]
Public Law 106-172
106th Congress
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 <<NOTE: Feb. 18, 2000 - [H.R.
2130]>> purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Hillory J. Farias and
Samantha Reid Date-Rape Drug Prohibition Act of 2000. Law enforcement
and crimes.>> assembled,
SECTION 1. SHORT <<NOTE: 21 USC 801 note.>> TITLE.
This Act may be cited as the ``Hillory J. Farias and Samantha Reid
Date-Rape Drug Prohibition Act of 2000''.
SEC. 2. <<NOTE: 21 USC 812 note.>> 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.
[[Page 114 STAT. 8]]
(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 <<NOTE: 21 USC 812 note.>> GHB.--
(1) In general.--The Congress finds that the abuse of
illicit gamma hydroxybutyric acid is an imminent hazard to the
public safety. <<NOTE: Deadline.>> 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. <<NOTE: Federal Register, publication.>> In
publishing the final order in the Federal Register, the
Attorney General shall publish a copy of the letter that
was transmitted by the Secretary of Health and Human
Services.
(B) In the case of gamma hydroxybutyric acid that is
contained in a drug product for which an application is
approved under section 505 of the Federal Food, Drug,
and Cosmetic Act (whether the application involved is
approved before, on, or after the date of the enactment
of this Act), the final order shall schedule such drug
in the same schedule as that recommended by the
Secretary of Health and Human Services for authorized
formulations of the drug. The recommendation referred to
in the preceding sentence is contained in the last
sentence of the fourth paragraph of the letter referred
to in subparagraph (A) with respect to May 19, 1999.
(2) Failure to issue order.--If the final order is not
issued within the period specified in paragraph (1), gamma
[[Page 114 STAT. 9]]
hydroxybutyric acid (together with its salts, isomers, and salts
of isomers) is deemed to be scheduled under section 202(c) of
the Controlled Substances Act in accordance with the policies
described in paragraph (1), as if the Attorney General had
issued a final order in accordance with such paragraph.
(b) Additional Penalties Relating to GHB.--
(1) Controlled substances act.--
(A) In general.--Section 401(b)(1)(C) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(C)) is
amended in the first sentence by inserting after
``schedule I or II,'' the following: ``gamma
hydroxybutyric acid (including when scheduled as an
approved drug product for purposes of section 3(a)(1)(B)
of the Hillory J. Farias and Samantha Reid Date-Rape
Drug Prohibition Act of 2000),''.
(B) Conforming amendment.--Section 401(b)(1)(D) of
the Controlled Substances Act (21 U.S.C. 841(b)(1)(D))
is amended by striking ``, or 30'' and inserting
``(other than gamma hydroxybutyric acid), or 30''.
(2) Controlled substances import and export act.--
(A) In general.--Section 1010(b)(3) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(3)) is amended in the first sentence by inserting
after ``I or II,'' the following: ``gamma hydroxybutyric
acid (including when scheduled as an approved drug
product for purposes of section 3(a)(1)(B) of the
Hillory J. Farias and Samantha Reid Date-Rape Drug
Prohibition Act of 2000),''.
(B) Conforming amendment.--Section 1010(b)(4) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(4)) is amended by striking ``flunitrazepam)'' and
inserting the following: ``flunitrazepam and except a
violation involving gamma hydroxybutyric acid)''.
(c) Gamma Butyrolactone as Additional List I Chemical.--Section
102(34) of the Controlled Substances Act (21 U.S.C. 802(34)) is
amended--
(1) by redesignating subparagraph (X) as subparagraph (Y);
and
(2) by inserting after subparagraph (W) the following
subparagraph:
``(X) Gamma butyrolactone.''.
SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING REQUIREMENTS FOR GAMMA
HYDROXYBUTYRIC PRODUCTS IN SCHEDULE III.
Section 307 of the Controlled Substances Act (21 U.S.C. 827) is
amended by adding at the end the following:
``(h) <<NOTE: Records.>> 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) <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 10]]
``(2) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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''.
[[Page 114 STAT. 11]]
SEC. 6. <<NOTE: 21 USC 801 note.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 21 USC 801 note.>> ANNUAL REPORT REGARDING DATE-RAPE
DRUGS; NATIONAL AWARENESS CAMPAIGN.
(a) Annual Report.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall periodically submit
to Congress reports each of which provides an estimate of the number of
incidents of the abuse of date-rape drugs (as defined in subsection (c))
that occurred during the most recent 1-year period for which data are
available. <<NOTE: Deadline.>> 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.--
[[Page 114 STAT. 12]]
(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 <<NOTE: Deadline. Establishment.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> by general accounting
office.--Not later than 2 years after the date on which the
national campaign under paragraph (1) is commenced, the
Comptroller General of the United States shall submit to
Congress an evaluation of the effects with respect to date-rape
drugs of the national campaign.
(c) Definition.--For purposes of this section, the term ``date-rape
drugs'' means gamma hydroxybutyric acid and its salts, isomers, and
salts of isomers and such other drugs or substances as the Secretary,
after consultation with the Attorney General, determines to be
appropriate.
SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT ADMINISTRATION FOR ASSESSMENT
OF ABUSE AND TRAFFICKING OF GHB AND OTHER CONTROLLED
SUBSTANCES AND DRUGS.
(a) <<NOTE: Deadline.>> 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--
[[Page 114 STAT. 13]]
(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 <<NOTE: Deadline.>> 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.
Approved February 18, 2000.
LEGISLATIVE HISTORY--H.R. 2130 (S. 1561):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-340, Pt. 1 (Comm. on Commerce).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Oct. 12, considered and passed
House.
Nov. 19, considered and passed
Senate, amended, in lieu of S.
1561.
Vol. 146 (2000):
Jan. 31, House concurred in Senate
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Feb. 18, Presidential statement.
<all>