Amends the CSA and the Controlled Substances Import and Export Act to provide additional penalties relating to GHB.
Adds gamma butyrolactone (GBL) as an additional list I chemical.
(Sec. 4) Amends the CSA to authorize the Attorney General to establish specified reporting requirements for GHB products in Schedule III, including annual reports of end-of-year inventories and requirements that dispensing practitioners maintain certain records regarding prescriptions.
(Sec. 5) Specifies that the designation of GBL or any other chemical as a listed chemical under the CSA does not preclude a finding that the chemical is a controlled substance analogue. Includes controlled substance analogues within the scope of provisions regarding penalties for distribution of a controlled substance.
(Sec. 6) Directs the Attorney General to: (1) develop 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 CSA or other Federal or State laws that result in or contribute to rape, other crimes of violence, or other crimes involving abuse of GHB, and other controlled substances, or so-called "designer drugs," and develop 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.
Directs the Attorney General to 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 GHB and related substances. Authorizes appropriations. Sets forth reporting requirements.
(Sec. 7) Directs the Secretary of Health and Human Services to submit to Congress annual reports each of which provides an estimate of the number of incidents of the abuse of date-rape drugs that occurred during the most recent one-year period for which data are available, with the first such report submitted by January 15, 2000.
Requires the Secretary to develop a plan for carrying out a national campaign to educate young adults, youths, law enforcement personnel, educators, school nurses, counselors of rape victims, and hospital emergency room personnel on: (1) the dangers of date-rape drugs; (2) the applicability of the CSA to such drugs, including penalties; (3) recognizing the symptoms that indicate an individual may be a victim of such drugs, including symptoms of sexual assault; and (4) appropriately responding when an individual has such symptoms.
Directs the Secretary to: (1) establish an advisory committee, composed of individuals who collectively possess expertise on the effects of, and detecting and controlling, date-rape drugs, to make recommendations regarding the plan; and (2) commence carrying out the national campaign within 180 days after its establishment. Requires the Comptroller General to submit to Congress, within two years, an evaluation of the effects with respect to date-rape drugs of the national campaign.
(Sec. 8) Directs the Attorney General, within 60 days after this Act's enactment, to establish within the Operations Division of the Drug Enforcement Administration a special unit which shall assess the abuse and trafficking in GHB, flunitrazepam, ketamine, other controlled substances, and other designer drugs whose use has been associated with sexual assault, including: (1) examining the threat posed by such substances and drugs on a national and on a regional basis; and (2) making recommendations regarding allocations and reallocations of resources to address the threat.
Directs the Attorney General, within 180 days, to submit to specified congressional committees a report setting forth the recommendations of the special unit, and specifying the allocations and reallocations of resources that the Attorney General proposes to make in response to the recommendations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1561 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1561
To amend the Controlled Substances Act to add gamma hydroxybutyric acid
and ketamine to the schedules of control substances, to provide for a
national awareness campaign, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 1999
Mr. Abraham introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to add gamma hydroxybutyric acid
and ketamine to the schedules of control substances, to provide for a
national awareness campaign, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Date-Rape Drug Control Act of
1999''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Gamma hydroxybutyric acid (also called G, Liquid X,
Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop)
has become a significant and growing problem in law
enforcement. At least 20 States have scheduled such drug in
their drug laws and law enforcement officials have been
experiencing an increased presence of the drug in driving under
the influence, sexual assault, and overdose cases especially at
night clubs and parties.
(2) A behavioral depressant and a hypnotic, gamma
hydroxybutyric acid (``GHB'') is being used in conjunction with
alcohol and other drugs with detrimental effects in an
increasing number of cases. It is difficult to isolate the
impact of such drug's ingestion since it is so typically taken
with an ever-changing array of other drugs and especially
alcohol which potentiates its impact.
(3) GHB takes the same path as alcohol, processes via
alcohol dehydrogenase, and its symptoms at high levels of
intake and as impact builds are comparable to alcohol
ingestion/intoxication. Thus, aggression and violence can be
expected in some individuals who use such drug.
(4) If taken for human consumption, common industrial
chemicals such as gamma butyrolactone and 1.4-butanediol are
swiftly converted by the body into GHB. Illicit use of these
and other GHB analogues and precursor chemicals is a
significant and growing law enforcement problem.
(5) A human pharmaceutical formulation of gamma
hydroxybutyric acid is being developed as a treatment for
cataplexy, a serious and debilitating disease. Cataplexy, which
causes sudden and total loss of muscle control, affects about
65 percent of the estimated 180,000 Americans with narcolepsy,
a sleep disorder. People with cataplexy often are unable to
work, drive a car, hold their children or live a normal life.
SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC ACID AND KETAMINE TO SCHEDULES
OF CONTROLLED SUBSTANCES; GAMMA BUTYROLACTONE AS
ADDITIONAL LIST I CHEMICAL.
(a) Addition to Schedule I.--
(1) In general.--Section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) is amended by adding at the
end of schedule I the following:
``(d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation, which
contains any quantity of the following substance having a depressant
effect on the central nervous system, or which contains any of their
salts, isomers, and salts of isomers whenever the existence of such
salts, isomers, and salts of isomers is possible within the specific
chemical designation:
``(1) Gamma hydroxybutyric acid.''.
(2) Security of facilities.--For purposes of any
requirements that relate to the physical security of registered
manufacturers and registered distributors, gamma hydroxybutyric
acid and its salts, isomers, and salts of isomers manufactured,
distributed, or possessed in accordance with an exemption
approved under section 505(i) of the Federal Food, Drug, and
Cosmetic Act shall be treated as a controlled substance in
schedule III under section 202(c) of the Controlled Substances
Act.
(b) Addition to Schedule III.--Schedule III under section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)) is amended in (b)--
(1) by redesignating (4) through (10) as (6) through (12),
respectively; and
(2) by redesignating (3) as (4);
(3) by inserting after (2) the following:
``(3) Gamma hydroxybutyric acid and its salts, isomers, and
salts of isomers contained in a drug product for which an
application has been approved under section 505 of the Federal
Food, Drug, and Cosmetic Act.''; and
(4) by inserting after (4) (as so redesignated) the
following:
``(5) Ketamine and its salts, isomers, and salts of
isomers.''.
(c) Additional List I Chemical.--Section 102(34) of the Controlled
Substances Act (21 U.S.C. 802(34)) is amended--
(1) by redesignating subparagraph (X) as subparagraph (Y);
and
(2) by inserting after subparagraph (W) the following
subparagraph:
``(X) Gamma butyrolactone.''.
(d) Rule of Construction Regarding Controlled Substance
Analogues.--Section 102(32) of the Controlled Substances Act (21 U.S.C.
802(32)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraph (C)'';
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) The designation of gamma butyrolactone or any other chemical
as a listed chemical pursuant to paragraph (34) or (35) does not
preclude a finding pursuant to subparagraph (A) that the chemical is a
controlled substance analogue.''.
(e) Penalties Regarding Schedule I.--
(1) In general.--Section 401(b)(1)(C) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(C)) is amended in the first
sentence by inserting after ``schedule I or II,'' the
following: ``gamma hydroxybutyric acid in schedule III,''.
(2) Conforming amendment.--Section 401(b)(1)(D) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(D)) is amended
by inserting ``(other than gamma hydroxybutyric acid)'' after
``schedule III''.
(f) Distribution With Intent To Commit Crime of Violence.--Section
401(b)(7)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(7)(A))
is amended by inserting ``or controlled substance analogue'' after
``distributing a controlled substance''.
SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING REQUIREMENTS FOR GAMMA
HYDROXYBUTYRIC PRODUCTS IN SCHEDULE III.
Section 307 of the Controlled Substances Act (21 U.S.C. 827) is
amended by adding at the end the following:
``(h) In the case of a drug product containing gamma hydroxybutyric
acid for which an application has been approved under section 505 of
the Federal Food, Drug, and Cosmetic Act, the Attorney General may, in
addition to any other requirements that apply under this section with
respect to such a drug product, establish any of the following as
reporting requirements:
``(1) That every person who is registered as a manufacturer
of bulk or dosage form, as a packager, repackager, labeler,
relabeler, or distributor shall report acquisition and
distribution transactions quarterly, not later than the 15th
day of the month succeeding the quarter for which the report is
submitted, and annually report end-of-year inventories.
``(2) That all annual inventory reports shall be filed no
later than January 15 of the year following that for which the
report is submitted and include data on the stocks of the drug
product, drug substance, bulk drug, and dosage forms on hand as
of the close of business December 31, indicating whether
materials reported are in storage or in process of
manufacturing.
``(3) That every person who is registered as a manufacturer
of bulk or dosage form shall report all manufacturing
transactions both inventory increases, including purchases,
transfers, and returns, and reductions from inventory,
including sales, transfers, theft, destruction, and seizure,
and shall provide data on material manufactured, manufactured
from other material, use in manufacturing other material, and
use in manufacturing dosage forms.
``(4) That all reports under this section must include the
registered person's registration number as well as the
registration numbers, names, and other identifying information
of vendors, suppliers, and customers, sufficient to allow the
Attorney General to track the receipt and distribution of the
drug.
``(5) That each dispensing practitioner shall maintain for
each prescription the name of the prescribing practitioner, the
prescribing practitioner's Federal and State registration
numbers, with the expiration dates of these registrations,
verification that the prescribing practitioner possesses the
appropriate registration to prescribe this controlled
substance, the patient's name and address, the name of the
patient's insurance provider and documentation by a medical
practitioner licensed and registered to prescribe the drug of
the patient's medical need for the drug. Such information shall
be available for inspection and copying by the Attorney
General.
``(6) That section 310(b)(3) (relating to mail order
reporting) applies with respect to gamma hydroxybutyric acid to
the same extent and in the same manner as such section applies
with respect to the chemicals and drug products specified in
subparagraph (A)(i) of such section.''.
SEC. 5. DEVELOPMENT OF FORENSIC FIELD TESTS FOR GAMMA HYDROXYBUTYRIC
ACID.
The Attorney General shall make a grant for the development of
forensic field tests to assist law enforcement officials in detecting
the presence of gamma hydroxybutyric acid and related substances.
SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL AWARENESS
CAMPAIGN.
(a) Annual Report.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall periodically
submit to Congress reports each of which provides an estimate of the
number of incidents of the abuse of date-rape drugs (as defined in
subsection (c)) that occurred during the most recent one-year period
for which data are available. The first such report shall be submitted
not later than January 15, 2000, and subsequent reports shall be
submitted annually thereafter.
(b) National Awareness Campaign.--
(1) Development of plan; recommendations of advisory
committee.--
(A) In general.--The Secretary, in consultation
with the Attorney General, shall develop a plan for
carrying out a national campaign to educate individuals
described in subparagraph (B) on the following:
(i) The dangers of date-rape drugs.
(ii) The applicability of the Controlled
Substances Act to such drugs, including
penalties under such Act.
(iii) Recognizing the symptoms that
indicate an individual may be a victim of such
drugs, including symptoms with respect to
sexual assault.
(iv) Appropriately responding when an
individual has such symptoms.
(B) Intended population.--The individuals referred
to in subparagraph (A) are young adults, youths, law
enforcement personnel, educators, school nurses,
counselors of rape victims, and emergency room
personnel in hospitals.
(C) Advisory committee.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall establish an advisory committee to make
recommendations to the Secretary regarding the plan
under subparagraph (A). The committee shall be composed
of individuals who collectively possess expertise on
the effects of date-rape drugs and on detecting and
controlling the drugs.
(2) Implementation of plan.--Not later than 180 days after
the date on which the advisory committee under paragraph (1) is
established, the Secretary, in consultation with the Attorney
General, shall commence carrying out the national campaign
under such paragraph in accordance with the plan developed
under such paragraph. The campaign may be carried out directly
by the Secretary and through grants and contracts.
(3) Evaluation by general accounting office.--Not later
than two years after the date on which the national campaign
under paragraph (1) is commenced, the Comptroller General of
the United States shall submit to Congress an evaluation of the
effects with respect to date-rape drugs of the national
campaign.
(c) Definition.--For purposes of this section, the term ``date-rape
drugs'' means gamma hydroxybutyric acid and its salts, isomers, and
salts of isomers and such other drugs or substances as the Secretary,
after consultation with the Attorney General, determines to be
appropriate.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10484-10485)
Read twice and referred to the Committee on Judiciary.
Sponsor introductory remarks on measure. (CR S10694-10695)
Committee on Judiciary. Ordered to be reported with amendments favorably.
Committee on Judiciary. Reported to Senate by Senator Hatch with amendments and an amendment to the title. Without written report.
Committee on Judiciary. Reported to Senate by Senator Hatch with amendments and an amendment to the title. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 416.
Measure laid before Senate by unanimous consent. (consideration: CR S15163)
Senate incorporated this measure in H.R. 2130 as an amendment. (consideration: CR S14872)
Senate passed companion measure H.R. 2130 in lieu of this measure by Unanimous Consent.
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Returned to the Calendar. Calendar No. 416. (consideration: CR S14872)