GENERAL LEAVE
`Mr. BOEHNER. Mr. Speaker, I ask
`unanimous consent that all Members
`may have 5 legislative days within
`which to revise and extend their re-
`marks and include extraneous material
`on the subject of the concurrent resolu-
`tion just considered.
`The SPEAKER pro tempore. Is there
`objection to the request of the gen-
`tleman from Ohio?
`There was no objection.
`
`H55
`January 31, 2000
`CONGRESSIONAL RECORD — HOUSE
`Mr. HOYER. Mr. Speaker, I yield
`thing that was rather routine in ses-
`number of cases. It is difficult to isolate the im-
`pact of such drug’s ingestion since it is so typi-
`back the balance of my time.
`sions past, but over a period of 3 or 4
`cally taken with an ever-changing array of
`Mr. BOEHNER. Mr. Speaker, I want
`sessions it did not occur. Several years
`other drugs and especially alcohol which
`to thank my colleague, the gentleman
`ago when this was done the Members
`potentiates its impact.
`from Maryland (Mr. HOYER), for his
`were very supportive of the effort, and
`(3) GHB takes the same path as alcohol, proc-
`support, and I yield back the balance of
`the Committee on House Administra-
`esses via alcohol dehydrogenase, and its symp-
`my time.
`tion voted for it. The Members thereof
`toms at high levels of intake and as impact
`The SPEAKER pro tempore. The
`have suggested that the House take an-
`builds are comparable to alcohol ingestion/in-
`question is on the motion offered by
`other photograph in this session.
`toxication. Thus, aggression and violence can be
`expected in some individuals who use such drug.
`Mr. Speaker, I reserve the balance of
`the
`gentleman
`from Ohio
`(Mr.
`(4) If taken for human consumption, common
`my time.
`BOEHNER) that the House suspend the
`industrial chemicals such as gamma butyro-
`Mr. HOYER. Mr. Speaker, I yield my-
`rules and agree to the concurrent reso-
`lactone and 1.4-butanediol are swiftly converted
`self such time as I may consume.
`lution, H. Con. Res. 244.
`by the body into GHB. Illicit use of these and
`Mr. Speaker, my staff behind me has
`The question was taken.
`other GHB analogues and precursor chemicals is
`suggested that Members should not for-
`Mr. BOEHNER. Mr. Speaker, on that
`a significant and growing law enforcement
`get to smile. I think it is appropriate
`I demand the yeas and nays.
`problem.
`(5) A human pharmaceutical formulation of
`that we take a picture of the House of
`The yeas and nays were ordered.
`gamma hydroxybutyric acid is being developed
`Representatives and its Members on an
`The SPEAKER pro tempore. Pursu-
`as a treatment for cataplexy, a serious and de-
`annual basis, or at least once during
`ant to clause 8 of rule XX and the
`bilitating disease. Cataplexy, which causes sud-
`every Congress. I think this is not only
`Chair’s prior announcement, further
`den and total loss of muscle control, affects
`a substantial memento for those who
`proceedings on this motion will be
`about 65 percent of the estimated 180,000 Ameri-
`have the great honor and privilege of
`postponed.
`cans with narcolepsy, a sleep disorder. People
`serving here, but as well, an historical
`with cataplexy often are unable to work, drive
`record of those who are here, and of
`a car, hold their children or live a normal life.
`(6) Abuse of illicit GHB is an imminent hazard
`course I rise in strong support of the
`to public safety that requires immediate regu-
`resolution.
`latory action under the Controlled Substances
`Mr. Speaker, I yield back the balance
`Act (21 U.S.C. 801 et seq.).
`of my time.
`Mr. BOEHNER. Mr. Speaker, I yield
`SEC. 3. EMERGENCY SCHEDULING OF GAMMA HY-
`back the balance of my time.
`DROXYBUTYRIC ACID AND LISTING
`OF GAMMA BUTYROLACTONE AS
`The SPEAKER pro tempore (Mr.
`LIST I CHEMICAL.
`(a) EMERGENCY SCHEDULING OF GHB.—
`PETRI). The question is on the motion
`(1) IN GENERAL.—The Congress finds that the
`offered by the gentleman from Ohio
`abuse of illicit gamma hydroxybutyric acid is an
`(Mr. BOEHNER) that is House suspend
`imminent hazard to the public safety. Accord-
`the rules and agree to the resolution,
`ingly, the Attorney General, notwithstanding
`H. Res. 407.
`sections 201(a), 201(b), 201(c), and 202 of the
`The question was taken; and (two-
`Controlled Substances Act, shall issue, not later
`thirds having voted in favor thereof),
`than 60 days after the date of the enactment of
`this Act, a final order that schedules such drug
`the rules were suspended and the reso-
`(together with its salts, isomers, and salts of iso-
`lution was agreed to.
`mers) in the same schedule under section 202(c)
`A motion to reconsider was laid on
`of the Controlled Substances Act as would apply
`the table.
`to a scheduling of a substance by the Attorney
`General under section 201(h)(1) of such Act (re-
`lating to imminent hazards to the public safety),
`AND
`FARIAS
`J.
`HILLORY
`except as follows:
`SAMANTHA REID DATE-RAPE
`(A) For purposes of any requirements that re-
`DRUG PROHIBITION ACT OF 1999
`late to the physical security of registered manu-
`facturers and registered distributors, the final
`Mr. UPTON. Mr. Speaker, I move to
`order shall treat such drug, when the drug is
`suspend the rules and concur in the
`manufactured, distributed, or possessed in ac-
`Senate amendments to the bill (H.R.
`cordance with an exemption under section 505(i)
`2130) to amend the Controlled Sub-
`of the Federal Food, Drug, and Cosmetic Act
`stances Act to add gamma hydroxy-
`(whether the exemption involved is authorized
`butyric acid and ketamine to the
`before, on, or after the date of the enactment of
`schedules of controlled substances, to
`this Act), as being in the same schedule as that
`provide for a national awareness cam-
`recommended by the Secretary of Health and
`Human Services for the drug when the drug is
`paign, and for other purposes.
`the subject of an authorized investigational new
`The Clerk read as follows:
`drug application (relating to such section
`Senate amendments:
`505(i)). The recommendation referred to in the
`Strike out all after the enacting clause and
`preceding sentence is contained in the first
`insert:
`paragraph of the letter transmitted on May 19,
`1999, by such Secretary (acting through the As-
`SECTION 1. SHORT TITLE.
`This Act may be cited as the ‘‘Hillory J.
`sistant Secretary for Health) to the Attorney
`Farias and Samantha Reid Date-Rape Drug
`General (acting through the Deputy Adminis-
`Prohibition Act of 1999’’.
`trator of the Drug Enforcement Administration),
`which letter was in response to the letter trans-
`SEC. 2. FINDINGS.
`Congress finds as follows:
`mitted by the Attorney General (acting through
`(1) Gamma hydroxybutyric acid (also called G,
`such Deputy Administrator) on September 16,
`Liquid X, Liquid Ecstasy, Grievous Bodily
`1997. In publishing the final order in the Fed-
`Harm, Georgia Home Boy, Scoop) has become a
`eral Register, the Attorney General shall publish
`significant and growing problem in law enforce-
`a copy of the letter that was transmitted by the
`ment. At least 20 States have scheduled such
`Secretary of Health and Human Services.
`(B) In the case of gamma hydroxybutyric acid
`drug in their drug laws and law enforcement of-
`that is contained in a drug product for which
`ficials have been experiencing an increased pres-
`an application is approved under section 505 of
`ence of the drug in driving under the influence,
`the Federal Food, Drug, and Cosmetic Act
`sexual assault, and overdose cases especially at
`(whether the application involved is approved
`night clubs and parties.
`(2) A behavioral depressant and a hypnotic,
`before, on, or after the date of the enactment of
`gamma hydroxybutyric acid (‘‘GHB’’) is being
`this Act), the final order shall schedule such
`used in conjunction with alcohol and other
`drug in the same schedule as that recommended
`drugs with detrimental effects in an increasing
`by the Secretary of Health and Human Services
`
`PERMITTING OFFICIAL PHOTO-
`GRAPHS OF HOUSE WHILE IN
`SESSION
`Mr. BOEHNER. Mr. Speaker, I move
`to suspend the rules and agree to the
`resolution (H. Res. 407) permitting offi-
`cial photographs of the House of Rep-
`resentatives to be taken while the
`House is in actual session.
`The Clerk read as follows:
`H. RES. 407
`Resolved, That at a time designated by the
`Speaker of the House of Representatives, of-
`ficial photographs of the House may be
`taken while the House is in actual session.
`Payment for the costs associated with tak-
`ing, preparing, and distributing such photo-
`graphs may be made from the applicable ac-
`counts of the House of Representatives.
`The SPEAKER pro tempore. Pursu-
`ant to the rule, the gentleman from
`Ohio (Mr. BOEHNER) and the gentleman
`from Maryland (Mr. HOYER) each will
`control 20 minutes.
`The Chair recognizes the gentleman
`from Ohio (Mr. BOEHNER).
`1415
`Mr. BOEHNER. Mr. Speaker, I yield
`myself such time as I may consume.
`Mr. Speaker, this resolution is very
`straightforward and simply authorizes
`the use of the Chamber for a photo
`while we are in session. The Speaker
`would set the date for such photo and
`payment as authorized from the appli-
`cable accounts of the House.
`As Members know, in the last session
`of Congress there was a photo taken of
`all of the Members of the House, some-
`
`VerDate 27-JAN-2000 02:05 Feb 01, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6333 E:\CR\FM\K31JA7.012 pfrm02 PsN: H31PT1
`
`JAZZ EXHIBIT 2012
`Par Pharm., Inc. et al. (Petitioners) v. Jazz Pharms., Inc. (Patent Owner)
`Case CBM2014-00151
`
`Page 1 of 8
`
`

`

`H56
`January 31, 2000
`CONGRESSIONAL RECORD — HOUSE
`for authorized formulations of the drug. The
`(2) make such protocols and training materials
`‘‘(3) That every person who is registered as a
`recommendation referred to in the preceding
`available to Federal, State, and local personnel
`manufacturer of bulk or dosage form shall re-
`sentence is contained in the last sentence of the
`responsible for such investigations.
`port all manufacturing transactions both inven-
`(b) GRANT.—
`fourth paragraph of the letter referred to in sub-
`tory increases, including purchases, transfers,
`(1) IN GENERAL.—The Attorney General shall
`paragraph (A) with respect to May 19, 1999.
`and returns, and reductions from inventory, in-
`(2) FAILURE TO ISSUE ORDER.—If the final
`make a grant, in such amount and to such pub-
`cluding sales, transfers, theft, destruction, and
`order is not issued within the period specified in
`lic or private person or entity as the Attorney
`seizure, and shall provide data on material
`paragraph (1), gamma hydroxybutyric acid (to-
`General considers appropriate, for the develop-
`manufactured, manufactured from other mate-
`gether with its salts, isomers, and salts of iso-
`ment of forensic field tests to assist law enforce-
`rial, use in manufacturing other material, and
`mers) is deemed to be scheduled under section
`ment officials in detecting the presence of
`use in manufacturing dosage forms.
`202(c) of the Controlled Substances Act in ac-
`gamma hydroxybutyric acid and related sub-
`‘‘(4) That all reports under this section must
`cordance with the policies described in para-
`stances.
`include the registered person’s registration num-
`(2) AUTHORIZATION OF APPROPRIATIONS.—
`graph (1), as if the Attorney General had issued
`ber as well as the registration numbers, names,
`There are authorized to be appropriated such
`a final order in accordance with such para-
`and other identifying information of vendors,
`sums as may be necessary to carry out this sub-
`graph.
`suppliers, and customers, sufficient to allow the
`(b) ADDITIONAL PENALTIES RELATING TO
`section.
`Attorney General to track the receipt and dis-
`GHB.—
`(c) REPORT.—Not later than 180 days after the
`tribution of the drug.
`(1) CONTROLLED SUBSTANCES ACT.—
`date of the enactment of this Act, the Attorney
`‘‘(5) That each dispensing practitioner shall
`(A) IN GENERAL.—Section 401(b)(1)(C) of the
`General shall submit to the Committees on the
`maintain for each prescription the name of the
`Controlled
`Substances Act
`(21 U.S.C.
`Judiciary of the Senate and House of Represent-
`prescribing practitioner, the prescribing practi-
`841(b)(1)(C)) is amended in the first sentence by
`atives a report on current mechanisms for co-
`tioner’s Federal and State registration numbers,
`inserting after ‘‘schedule I or II,’’ the following:
`ordinating Federal, State, and local investiga-
`with the expiration dates of these registrations,
`‘‘gamma hydroxybutyric acid (including when
`tions into and prosecutions related to possible
`verification that the prescribing practitioner
`scheduled as an approved drug product for pur-
`violations of the Controlled Substances Act or
`possesses the appropriate registration to pre-
`poses of section 3(a)(1)(B) of the Hillory J.
`other Federal or State laws that result in or
`scribe this controlled substance, the patient’s
`Farias and Samantha Reid Date-Rape Drug
`contribute to rape, other crimes of violence, or
`name and address, the name of the patient’s in-
`Prohibition Act of 1999),’’.
`other crimes involving the abuse of gamma hy-
`surance provider and documentation by a med-
`AMENDMENT.—Section
`(B)
`CONFORMING
`droxybutyric acid, other controlled substances,
`ical practitioner licensed and registered to pre-
`401(b)(1)(D) of the Controlled Substances Act (21
`or so-called ‘‘designer drugs’’. The report shall
`scribe the drug of the patient’s medical need for
`U.S.C. 841(b)(1)(D)) is amended by striking ‘‘, or
`also include recommendations for the improve-
`the drug. Such information shall be available
`30’’ and inserting ‘‘(other than gamma hydroxy-
`ment of such mechanisms.
`for inspection and copying by the Attorney Gen-
`butyric acid), or 30’’.
`eral.
`(2) CONTROLLED SUBSTANCES IMPORT AND EX-
`SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE
`‘‘(6) That section 310(b)(3) (relating to mail
`PORT ACT.—
`DRUGS; NATIONAL AWARENESS CAM-
`order reporting) applies with respect to gamma
`(A) IN GENERAL.—Section 1010(b)(3) of the
`PAIGN.
`(a) ANNUAL REPORT.—The Secretary of Health
`hydroxybutyric acid to the same extent and in
`Controlled Substances Import and Export Act
`and Human Services (in this section referred to
`the same manner as such section applies with
`(21 U.S.C. 960(b)(3)) is amended in the first sen-
`as the ‘‘Secretary’’) shall periodically submit to
`respect to the chemicals and drug products spec-
`tence by inserting after ‘‘I or II,’’ the following:
`Congress reports each of which provides an esti-
`ified in subparagraph (A)(i) of such section.’’.
`‘‘gamma hydroxybutyric acid (including when
`mate of the number of incidents of the abuse of
`scheduled as an approved drug product for pur-
`date-rape drugs (as defined in subsection (c))
`SEC. 5. CONTROLLED SUBSTANCES ANALOGUES.
`(a) RULE OF CONSTRUCTION REGARDING CON-
`poses of section 3(a)(1)(B) of the Hillory J.
`that occurred during the most recent one-year
`SUBSTANCE
`ANALOGUES.—Section
`Farias and Samantha Reid Date-Rape Drug
`TROLLED
`period for which data are available. The first
`102(32) of the Controlled Substances Act (21
`Prohibition Act of 1999),’’.
`such report shall be submitted not later than
`U.S.C. 802(32)) is amended—
`AMENDMENT.—Section
`(B)
`CONFORMING
`January 15, 2000, and subsequent reports shall
`(1) in subparagraph (A), by striking ‘‘sub-
`1010(b)(4) of the Controlled Substances Import
`be submitted annually thereafter.
`paragraph (B)’’ and inserting ‘‘subparagraph
`and Export Act (21 U.S.C. 960(b)(4)) is amended
`(b) NATIONAL AWARENESS CAMPAIGN.—
`(C)’’;
`by striking ‘‘flunitrazepam)’’ and inserting the
`(1) DEVELOPMENT OF PLAN; RECOMMENDATIONS
`(2) by redesignating subparagraph (B) as sub-
`following: ‘‘flunitrazepam and except a viola-
`OF ADVISORY COMMITTEE.—
`paragraph (C); and
`tion involving gamma hydroxybutyric acid)’’.
`(A) IN GENERAL.—The Secretary, in consulta-
`(3) by inserting after subparagraph (A) the
`(c) GAMMA BUTYROLACTONE AS ADDITIONAL
`tion with the Attorney General, shall develop a
`following new subparagraph (B):
`LIST I CHEMICAL.—Section 102(34) of the Con-
`plan for carrying out a national campaign to
`‘‘(B) The designation of gamma butyrolactone
`trolled Substances Act (21 U.S.C. 802(34)) is
`educate individuals described in subparagraph
`or any other chemical as a listed chemical pur-
`amended—
`(B) on the following:
`(1) by redesignating subparagraph (X) as sub-
`suant to paragraph (34) or (35) does not pre-
`(i) The dangers of date-rape drugs.
`paragraph (Y); and
`clude a finding pursuant to subparagraph (A) of
`(ii) The applicability of the Controlled Sub-
`(2) by inserting after subparagraph (W) the
`this paragraph that the chemical is a controlled
`stances Act to such drugs, including penalties
`following subparagraph:
`substance analogue.’’.
`under such Act.
`‘‘(X) Gamma butyrolactone.’’.
`(b) DISTRIBUTION WITH INTENT TO COMMIT
`(iii) Recognizing the symptoms that indicate
`CRIME OF VIOLENCE.—Section 401(b)(7)(A) of the
`an individual may be a victim of such drugs, in-
`SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING
`Controlled
`Substances Act
`(21 U.S.C.
`cluding symptoms with respect to sexual assault.
`REQUIREMENTS FOR GAMMA HY-
`841(b)(7)(A)) is amended by inserting ‘‘or con-
`DROXYBUTYRIC
`PRODUCTS
`IN
`(iv) Appropriately responding when an indi-
`trolled substance analogue’’ after ‘‘distributing
`SCHEDULE III.
`vidual has such symptoms.
`Section 307 of the Controlled Substances Act
`a controlled substance’’.
`(B) INTENDED POPULATION.—The individuals
`(21 U.S.C. 827) is amended by adding at the end
`referred to in subparagraph (A) are young
`the following:
`SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS,
`adults, youths, law enforcement personnel, edu-
`‘‘(h) In the case of a drug product containing
`TRAINING MATERIALS, FORENSIC
`cators, school nurses, counselors of rape victims,
`gamma hydroxybutyric acid for which an appli-
`FIELD TESTS, AND COORDINATION
`and emergency room personnel in hospitals.
`cation has been approved under section 505 of
`MECHANISM FOR INVESTIGATIONS
`(C) ADVISORY COMMITTEE.—Not later than 180
`AND PROSECUTIONS RELATING TO
`the Federal Food, Drug, and Cosmetic Act, the
`GAMMA HYDROXYBUTYRIC ACID,
`days after the date of the enactment of this Act,
`Attorney General may, in addition to any other
`OTHER CONTROLLED SUBSTANCES,
`the Secretary shall establish an advisory com-
`requirements that apply under this section with
`AND DESIGNER DRUGS.
`(a) IN GENERAL.—The Attorney General, in
`mittee to make recommendations to the Sec-
`respect to such a drug product, establish any of
`consultation with the Administrator of the Drug
`retary regarding the plan under subparagraph
`the following as reporting requirements:
`Enforcement Administration and the Director of
`(A). The committee shall be composed of individ-
`‘‘(1) That every person who is registered as a
`the Federal Bureau of Investigation, shall—
`uals who collectively possess expertise on the ef-
`manufacturer of bulk or dosage form, as a pack-
`(1) develop—
`fects of date-rape drugs and on detecting and
`ager, repackager, labeler, relabeler, or dis-
`(A) model protocols for the collection of toxi-
`controlling the drugs.
`tributor shall report acquisition and distribution
`cology specimens and the taking of victim state-
`(2) IMPLEMENTATION OF PLAN.—Not later than
`transactions quarterly, not later than the 15th
`ments in connection with investigations into
`180 days after the date on which the advisory
`day of the month succeeding the quarter for
`and prosecutions related to possible violations of
`committee under paragraph (1) is established,
`which the report is submitted, and annually re-
`the Controlled Substances Act or other Federal
`the Secretary, in consultation with the Attorney
`port end-of-year inventories.
`‘‘(2) That all annual inventory reports shall
`or State laws that result in or contribute to
`General, shall commence carrying out the na-
`be filed no later than January 15 of the year fol-
`rape, other crimes of violence, or other crimes
`tional campaign under such paragraph in ac-
`lowing that for which the report is submitted
`involving abuse of gamma hydroxybutyric acid,
`cordance with the plan developed under such
`and include data on the stocks of the drug prod-
`other controlled substances, or so-called ‘‘de-
`paragraph. The campaign may be carried out
`uct, drug substance, bulk drug, and dosage
`signer drugs’’; and
`directly by the Secretary and through grants
`(B) model training materials for law enforce-
`forms on hand as of the close of business Decem-
`and contracts.
`(3) EVALUATION BY GENERAL ACCOUNTING OF-
`ment personnel involved in such investigations;
`ber 31, indicating whether materials reported
`FICE.—Not later than two years after the date
`and
`are in storage or in process of manufacturing.
`
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`
`Page 2 of 8
`
`Page 2 of 8
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`

`

`H57
`January 31, 2000
`CONGRESSIONAL RECORD — HOUSE
`caused him to stop breathing after tak-
`Mr. Speaker, I rise today to ask my
`on which the national campaign under para-
`graph (1) is commenced, the Comptroller General
`ing an over-the-counter herbal supple-
`colleagues to join me in supporting the
`of the United States shall submit to Congress an
`ment containing GBL. Similarly, a 16-
`passage of H.R. 2130, the Hillory J.
`evaluation of the effects with respect to date-
`year-old Peoria, Illinois high school
`Farias and Samantha Reid Date-Rape
`rape drugs of the national campaign.
`student collapsed during a school gym
`Drug Prohibition Act.
`(c) DEFINITION.—For purposes of this section,
`As you may recall, the House ini-
`class after taking a product containing
`the term ‘‘date-rape drugs’’ means gamma hy-
`tially approved this legislation last Oc-
`GBL. He lost consciousness, stopped
`droxybutyric acid and its salts, isomers, and
`tober on a vote of 423 to 1. This evening
`breathing, and had to be resuscitated
`salts of isomers and such other drugs or sub-
`we will vote on this legislation as
`by paramedics.
`stances as the Secretary, after consultation with
`amended by the Senate, and if the leg-
`the Attorney General, determines to be appro-
`The Senate amended H.R. 2130 to fur-
`priate.
`islation is approved, it will go straight
`ther develop and strengthen the De-
`to the President to be signed into law.
`partment of Justice’s focus on GHB
`SEC. 8. SPECIAL UNIT IN DRUG ENFORCEMENT
`The legislation we are considering
`and to provide for the development of
`ADMINISTRATION FOR ASSESSMENT
`today will amend the Controlled Sub-
`forensic field tests for the detection of
`OF ABUSE AND TRAFFICKING OF
`GHB AND OTHER CONTROLLED SUB-
`stances Act to put GHB, a dangerous
`this substance. In all other respects,
`STANCES AND DRUGS.
`(a) ESTABLISHMENT.—Not later than 60 days
`and sometimes fatal drug used to fa-
`the Senate amendments have had the
`after the date of the enactment of this Act, the
`cilitate sexual assaults, in schedule 1 of
`same effect as the legislation that we
`Attorney General shall establish within the Op-
`the Controlled Substances Act, the
`passed here in the House in October.
`erations Division of the Drug Enforcement Ad-
`most tightly regulated category of
`I wish to express my appreciation for
`ministration a special unit which shall assess
`drugs with the strongest penalties for
`the help of so many of my colleagues,
`the abuse of and trafficking in gamma hydroxy-
`misuse.
`the gentleman from Michigan (Mr.
`butyric acid, flunitrazepam, ketamine, other
`It will also clamp tight controls on
`STUPAK), the gentlewoman from Texas
`controlled substances, and other so-called ‘‘de-
`GBL, a precursor to GHB that is itself
`(Ms. JACKSON LEE), the gentleman from
`signer drugs’’ whose use has been associated
`being used to facilitate sexual assaults.
`with sexual assault.
`Florida (Mr. BILIRAKIS), and the gen-
`(b) PARTICULAR DUTIES.—In carrying out the
`This legislation is desperately need-
`tleman from Virginia (Chairman BLI-
`assessment under subsection (a), the special unit
`ed. The abuse, trafficking, and diver-
`LEY), the help that they have given in
`shall—
`sion of GHB is rapidly increasing. The
`getting us to this point, and for the
`(1) examine the threat posed by the substances
`Drug Enforcement Administration has
`leadership of the Senate, particularly
`and drugs referred to in that subsection on a
`documented nearly 6,000 encounters of
`Senator ABRAHAM and Senator HATCH,
`national basis and regional basis; and
`GHB. Deaths from the drug are esca-
`in steering this legislation for Senate
`(2) make recommendations to the Attorney
`lating rapidly, from one in 1990 to 17
`General regarding allocations and reallocations
`approval. This has been a bipartisan ef-
`last year, for a total of 58 deaths.
`of resources in order to address the threat.
`fort from day number one.
`(c) REPORT ON RECOMMENDATIONS.—
`Emergency room episodes resulting
`With all my heart, as the father of a
`(1) REQUIREMENT.—Not later than 180 days
`from the use of the drug are also esca-
`daughter and son, I ask that the House
`after the date of the enactment of this Act, the
`lating rapidly, from 20 in 1992 to 762 in
`approve this legislation tonight and
`Attorney General shall submit to the Committees
`1997, the last year for which data is
`send it to the President. Let us do this
`on the Judiciary of the Senate and House of
`available, for a total of more than 1,600
`for all of our sons and daughters, who
`Representatives a report which shall—
`episodes.
`are at grave risk so long as these sub-
`(A) set forth the recommendations of the spe-
`Sadly, these numbers are reflecting
`cial unit under subsection (b)(2): and
`stances are so readily available.
`(B) specify the allocations and reallocations
`only the tip of an iceberg. GHB is dif-
`Mr. Speaker, I reserve the balance of
`of resources that the Attorney General proposes
`ficult to detect, almost impossible, in
`my time.
`to make in response to the recommendations.
`the body, within a few hours of its
`Ms. JACKSON-LEE of Texas. Mr.
`(2) TREATMENT OF REPORT.—Nothing in para-
`being ingested. Many law enforcement
`Speaker, I yield myself such time as I
`graph (1) may be construed to prohibit the At-
`officers and emergency room personnel
`may consume.
`torney General or the Administrator of the Drug
`are not trained to look for it.
`Mr. Speaker, as a Member of the
`Enforcement Administration from making any
`As an example, I heard from one
`Committee on the Judiciary, the Sub-
`reallocation of existing resources that the Attor-
`source in Kansas City that they sus-
`ney General or the Administrator, as the case
`committee on Crime, I am delighted to
`may be, considers appropriate.
`pected thousands of date rape and drug
`join my colleague, the gentleman from
`abuse cases in the greater Kansas City
`Michigan (Mr. UPTON), a member of the
`SEC. 9. TECHNICAL AMENDMENT.
`Section 401 of the Controlled Substances Act
`region since 1993. The legislation before
`Committee on Commerce, and thank
`(21 U.S.C. 841) is amended by redesignating sub-
`us was sparked by the death of two
`him for his leadership.
`sections (d), (e), (f), and (g) as subsections (c),
`young, wonderful women, one in Texas
`In fact, his leadership was so strong
`(d), (e), and (f), respectively.
`and one in Michigan, whose drinks
`that he was making sure that as I came
`Amend the title so as to read: ‘‘An Act to
`were spiked with GHB. Since then, five
`in and landed at Reagan National, that
`amend the Controlled Substances Act to di-
`more women have died in Texas and
`I would hurry on, and I got here time-
`rect the emergency scheduling of gamma hy-
`another two in Michigan. We must act
`ly. I thank him very much for that.
`droxybutyric acid, to provide for a national
`awareness campaign, and for other pur-
`This has been a very long journey,
`now before this tragic toll rises any
`poses.’’.
`and the one thing that we can applaud,
`further.
`The SPEAKER pro tempore. Pursu-
`The FDA has issued consumer warn-
`Mr. Speaker, is that we have worked
`ant to the rule, the gentleman from
`ings about products containing GBL,
`together, the Committee on Commerce,
`Michigan (Mr. UPTON) and the gentle-
`which converts to GHB, when ingested
`the Committee on the Judiciary, and
`woman from Texas (Ms. JACKSON-LEE)
`in dietary supplements, and has asked
`we have answered the call of so many
`each will control 20 minutes.
`companies marketing products con-
`victims, now I am told almost between
`The Chair recognizes the gentleman
`taining GBL to recall them.
`40 to 50 who have died.
`from Michigan (Mr. UPTON).
`In August of last year the FDA sent
`There was an anecdotal story of a
`a message to help professionals across
`Texas young woman who begged for
`GENERAL LEAVE
`the country, asking them to report ad-
`help, explaining that her whole body
`Mr. UPTON. Mr. Speaker, I ask unan-
`verse events associated with the con-
`hurt so much that the only way to stop
`imous consent that all Members may
`sumption of these products. Since then,
`it is to take more GHB but she wanted
`have 5 legislative days within which to
`the agency has received 122 reports of
`desperately to quit. She had actually
`revise and extend their remarks and in-
`serious adverse reactions, such as dan-
`died two times on GHB and was
`clude extraneous matter on this legis-
`gerously low respiration rates which
`brought back by paramedics. She was
`lation.
`may require intubation, unconscious-
`The SPEAKER pro tempore. Is there
`raped while on GHB. She had not re-
`ness, coma, seizures, irregular heart-
`objection to the request of the gen-
`ported it because she felt it was her
`beat, and yes, death.
`tleman from Michigan?
`fault for getting high.
`Just this last month, as you may
`I am gratified that Members of the
`There was no objection.
`have read, Phoenix Suns player Tom
`Mr. UPTON. Mr. Speaker, I yield my-
`Committee on Commerce, the gentle-
`Gugliotta suffered a seizure that
`self such time as I may consume.
`men from Michigan, Mr. UPTON and Mr.
`
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`H58
`January 31, 2000
`CONGRESSIONAL RECORD — HOUSE
`lapsed into comas during the Fourth of
`who would use this drug and its
`STUPAK, and the gentleman from Vir-
`July holiday last year.
`analogs to commit crimes against
`ginia (Mr. BLILEY) and I introduced
`In addition to the tragic stories of
`women and others. In addition to being
`this bipartisan bill, the Hillory J.
`Hillory and Samantha, my office was
`used for date rape, this drug is being
`Farias Samantha Reid Date Rape Pre-
`contacted by the office of the gen-
`used at alarming rates among young
`vention Act of 1999.
`tleman from New York (Mr. LAFALCE)
`Mr. Speaker, I am also grateful to
`people.
`the ranking member, the gentleman
`with the story of Kerri Breton from
`However, my position does not mean
`from Michigan (Mr. DINGELL), the gen-
`Syracuse, New York, who also died
`I am insensitive to the concerns of pa-
`from this drug being slipped into her
`tleman from Ohio (Mr. BROWN), the
`tients who might be helped by this
`drink. Ms. Breton was away on a busi-
`gentleman from Florida (Mr. BILI-
`drug. This drug has shown some bene-
`ness trip and was having a drink in a
`RAKIS); members of my committee, the
`fits to patients with a specific form of
`hotel bar with a colleague. She was
`gentleman from Florida (Mr. MCCOL-
`narcolepsy in clinical trials, those who
`found next day dead on the bathroom
`LUM), the gentleman from Virginia (Mr.
`suffer from sleeping sickness, and for
`floor of her hotel room. Her stepfather
`SCOTT), the gentleman from Illinois
`those uses during trials to try to cure
`shared this painful story in the hope it
`(Mr. HYDE), and the gentleman from
`that disease.
`would alert others to the dangers of
`Michigan (Mr. CONYERS). This was a bi-
`1430
`this drug.
`partisan effort.
`There is a possibility that GHB can
`Mr. Speaker, this drug is not a re-
`I am looking forward for this bill to
`be used for the treatment of such dis-
`specter of any age. You do not have to
`be supported by my colleagues, and, as
`eases. We want that to occur, because
`be very smart, you do not have to be
`well, to go quickly to the desk of the
`it is a rare disorder. We believe that
`unsmart, if you will; you do not have
`President of the United States.
`this bill matches the medicinal needs
`This is a victory for those of us who
`to be educated or uneducated; you do
`along with the needs to protect our
`are concerned about date rape drugs.
`not have to be rich or poor. This is a
`citizens from the devastation of illegal
`This drug, GHB, has been used in innu-
`drug that respects no one and causes
`use of GHB, known to be made in bath-
`merable rapes around the country and
`the loss of life of wonderful human
`tubs in large amounts.
`has been implicated, as I have said, in
`beings.
`The distribution of this drug would
`A young man from the Chicago area
`at least 40 to 50 deaths. In addition to
`be strictly controlled to ensure that
`overdosed and almost died last Sep-
`date rape, this drug is very popular on
`only patients in need of this drug
`tember. He was using the drug because
`the party scene in many cities, and it
`would have access. This bill also pro-
`he wanted to be a bodybuilder. Just re-
`is widely abused.
`