Text: H.R.2130 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-172 (02/18/2000)

 
[106th Congress Public Law 172]
[From the U.S. Government Printing Office]


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[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.

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