[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2612 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2612

 To combat Ecstasy trafficking, distribution, and abuse in the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2000

 Mr. Graham (for himself, Mr. Grassley, Mr. Thomas, Mr. Biden, and Mr. 
Bayh) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To combat Ecstasy trafficking, distribution, and abuse in the United 
                    States, 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 ``Ecstasy Anti-Proliferation Act of 
2000''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The illegal importation of 3,4-methylenedioxy 
        methamphetamine, commonly referred to as ``MDMA'' or 
        ``Ecstasy'', has increased in recent years, as evidenced by the 
        fact that Ecstasy seizures by the United States Customs Service 
        have risen from less than 500,000 tablets during fiscal year 
        1997 to more than 4,000,000 tablets during the first 5 months 
        of fiscal year 2000.
            (2) Use of Ecstasy can cause long-lasting, and perhaps 
        permanent, damage to the serotonin system of the brain, which 
        is fundamental to the integration of information and emotion, 
        and this damage can cause long-term problems with learning and 
        memory.
            (3) Due to the popularity and marketability of Ecstasy, 
        there are numerous Internet websites with information on its 
        effects, production, and the locations of use, often referred 
        to as ``raves''. The availability of this information targets 
        the primary users of Ecstasy, who are most often college 
        students, young professionals, and other young people from 
        middle- to high-income families.
            (4) Greater emphasis needs to be placed on--
                    (A) penalties associated with the manufacture, 
                distribution, and use of Ecstasy;
                    (B) the education of young people on the negative 
                health effects of Ecstasy, since the reputation of 
                Ecstasy as a ``safe'' drug is it's most dangerous 
                component;
                    (C) the education of State and local law 
                enforcement agencies regarding the growing problem of 
                Ecstasy trafficking across the United States;
                    (D) reducing the number of deaths caused by Ecstasy 
                use and its combined use with other ``club'' drugs and 
                alcohol; and
                    (E) adequate funding for research by the National 
                Institute on Drug Abuse to--
                            (i) identify those most vulnerable to using 
                        Ecstasy and develop science-based prevention 
                        approaches tailored to the specific needs of 
                        individuals at high risk;
                            (ii) understand how Ecstasy produces its 
                        toxic effects and how to reverse neurotoxic 
                        damage;
                            (iii) develop treatments, including new 
                        medications and behavioral treatment 
                        approaches;
                            (iv) better understand the effects that 
                        Ecstasy has on the developing children and 
                        adolescents; and
                            (v) translate research findings into useful 
                        tools and ensure their effective dissemination.

SEC. 3. ENHANCED PUNISHMENT OF ECSTASY TRAFFICKERS.

    (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines regarding any offense relating to the manufacture, 
importation, or exportation of, or trafficking in--
            (1) 3,4-methylenedioxy methamphetamine;
            (2) 3,4-methylenedioxy amphetamine;
            (3) 3,4-methylenedioxy-N-ethylamphetamine; or
            (4) any other controlled substance, as determined by the 
        Sentencing Commission in consultation with the Attorney 
        General, that is marketed as Ecstasy and that has either a 
        chemical structure substantially similar to that of 3,4-
        methylenedioxy methamphetamine or and effect on the central 
        nervous system substantially similar to or greater than that of 
        3,4-methylenedioxy methamphetamine;
(including an attempt or conspiracy to commit an offense described in 
paragraph (1), (2), (3), or (4)) in violation of the Controlled 
Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances 
Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
Enforcement Act (46 U.S.C. 1901 et seq.).
    (b) General Requirement.--In carrying out this section, the United 
States Sentencing Commission shall, with respect to each offense 
described in subsection (a)--
            (1) review and amend the Federal sentencing guidelines to 
        provide for increased penalties such that those penalties are 
        comparable to the base offense levels for offenses involving 
        any methamphetamine mixture; and
            (2) take any other action the Commission considers to be 
        necessary to carry out this subsection.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall ensure that the Federal 
sentencing guidelines for offenders convicted of offenses described in 
subsection (a) reflect--
            (1) the need for aggressive law enforcement action with 
        respect to offenses involving the controlled substances 
        described in subsection (a); and
            (2) the dangers associated with unlawful activity involving 
        such substances, including--
                    (A) the rapidly growing incidence of abuse of the 
                controlled substances described in subsection (a) and 
                the threat to public safety that such abuse poses;
                    (B) the recent increase in the illegal importation 
                of the controlled substances described in subsection 
                (a);
                    (C) the young age at which children are beginning 
                to use the controlled substances described in 
                subsection (a); and
                    (D) any other factor that the Sentencing Commission 
                deems appropriate.

SEC. 4. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.

    (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall amend the Federal sentencing 
guidelines in accordance with this section with respect to any offense 
relating to the manufacture, importation, or exportation of, or 
trafficking in--
            (1) gamma-hydroxybutyric acid and its salts; or
            (2) the List I Chemical gamma-butyrolactone;
(including an attempt or conspiracy to commit an offense described in 
paragraph (1) or (2)) in violation of the Controlled Substances Act (21 
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act 
(21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 
U.S.C. 1901 et seq.).
    (b) General Requirements.--In carrying out this section, the United 
States Sentencing Commission shall with respect to each offense 
described in subsection (a)--
            (1) review and amend the Federal Sentencing guidelines to 
        provide for increased penalties such that those penalties 
        reflect the seriousness of these offenses and the need to deter 
        them;
            (2) assure that the guidelines provide that offenses 
        involving a significant quantity of Schedule I and II 
        depressants are subject to greater terms of imprisonment than 
        currently provided by the guidelines and that such terms are 
        consistent with applicable statutory maximum penalties; and
            (3) take any other action the Commission considers to be 
        necessary to carry out this subsection.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall consider--
            (1) the dangers associated with the use of the substances 
        described in subsection (a), and unlawful activity involving 
        such substances;
            (2) the rapidly growing incidence of abuse of the 
        controlled substances described in subsection (a) and the 
        threat to public safety that such abuse poses, including the 
        dangers posed by overdose; and 
            (3) the recent increase in the illegal manufacture the 
        controlled substances described in subsection (a).

SEC. 5. EMERGENCY AUTHORITY TO SENTENCING COMMISSION.

    The United States Sentencing Commission shall promulgate amendments 
under this Act as soon as practicable after the date of the enactment 
of this Act in accordance with the procedure set forth in section 21(a) 
of the Sentencing Act of 1987 (Public Law 100-182), as though the 
authority under that Act had not expired.

SEC. 6. PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO THE 
              MANUFACTURE OR ACQUISITION OF CONTROLLED SUBSTANCES.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended by adding at the end the following:
    ``(g) Prohibition on Distribution of Information Relating to 
Manufacture or Acquisition of Controlled Substances.--
            ``(1) Controlled substance defined.--In this subsection, 
        the term `controlled substance' has the meaning given that term 
        in section 102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to teach or demonstrate the manufacture of a 
                controlled substance, or to distribute by any means 
                information pertaining to, in whole or in part, the 
                manufacture, acquisition, or use of a controlled 
                substance, with the intent that the teaching, 
                demonstration, or information be used for, or in 
                furtherance of, an activity that constitutes a crime; 
                or
                    ``(B) to teach or demonstrate to any person the 
                manufacture of a controlled substance, or to distribute 
                to any person, by any means, information pertaining to, 
                in whole or in part, the manufacture, acquisition, or 
                use of a controlled substance, knowing or having reason 
                to know that such person intends to use the teaching, 
                demonstration, or information for, or in furtherance 
                of, an activity that constitutes an offense.
            ``(3) Penalty.--Any person who violates this subsection 
        shall be fined under this title, imprisoned not more than 10 
        years, or both.''.

SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.

    Not later than 90 days after the date of enactment of this Act, the 
head of each department, agency, and establishment of the Federal 
Government shall, in consultation with the Director of the Office of 
National Drug Control Policy, place antidrug messages on appropriate 
Internet websites controlled by such department, agency, or 
establishment which messages shall, where appropriate, contain an 
electronic hyperlink to the Internet website, if any, of the Office of 
National Drug Control Policy.

SEC. 8. EXPANSION OF ECSTASY AND LIQUID ECSTASY ABUSE PREVENTION 
              EFFORTS.

    (a) Public Health Service Assistance.--Part A of title V of the 
Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by 
adding at the end the following:

``SEC. 506. GRANTS FOR ECSTASY ABUSE PREVENTION.

    ``(a) Authority.--The Administrator may make grants to, and enter 
into contracts and cooperative agreements with, public and nonprofit 
private entities to enable such entities--
            ``(1) to carry out school-based programs concerning the 
        dangers of abuse of and addiction to 3,4-methylenedioxy 
        methamphetamine or related drugs, using methods that are 
        effective and science-based, including initiatives that give 
        students the responsibility to create their own antidrug abuse 
        education programs for their schools; and
            ``(2) to carry out community-based abuse and addiction 
        prevention programs relating to 3,4-methylenedioxy 
        methamphetamine or related drugs that are effective and 
        science-based.
    ``(b) Use of Funds.--Amounts made available under a grant, contract 
or cooperative agreement under subsection (a) shall be used for 
planning, establishing, or administering prevention programs relating 
to 3,4-methylenedioxy methamphetamine or related drugs in accordance 
with paragraph (3).
    ``(c)(1) Discretionary Functions.--Amounts provided under this 
section may be used--
            ``(A) to carry out school-based programs that are focused 
        on those districts with high or increasing rates of abuse and 
        addiction to 3,4-methylenedioxy methamphetamine or related 
        drugs and targeted at populations that are most at risk to 
        start abuse of 3,4-methylenedioxy methamphetamine or related 
        drugs;
            ``(B) to carry out community-based prevention programs that 
        are focused on those populations within the community that are 
        most at-risk for abuse of and addiction to 3,4-methylenedioxy 
        methamphetamine or related drugs;
            ``(C) to assist local government entities to conduct 
        appropriate prevention activities relating to 3,4-
        methylenedioxy methamphetamine or related drugs;
            ``(D) to train and educate State and local law enforcement 
        officials, prevention and education officials, health 
        professionals, members of community antidrug coalitions and 
        parents on the signs of abuse of and addiction to 3,4-
        methylenedioxy methamphetamine or related drugs, and the 
        options for treatment and prevention;
            ``(E) for planning, administration, and educational 
        activities related to the prevention of abuse of and addiction 
        to 3,4-methylenedioxy methamphetamine or related drugs;
            ``(F) for the monitoring and evaluation of prevention 
        activities relating to 3,4-methylenedioxy methamphetamine or 
        related drugs, and reporting and disseminating resulting 
        information to the public; and
            ``(G) for targeted pilot programs with evaluation 
        components to encourage innovation and experimentation with new 
        methodologies.
    ``(2) Priority.--The Administrator shall give priority in making 
grants under this subsection to rural and urban areas that are 
experiencing a high rate or rapid increases in abuse and addiction to 
3,4-methylenedioxy methamphetamine or related drugs.
    ``(d)(1) Prevention Program Allocation.--Not less than $500,000 of 
the amount available in each fiscal year to carry out this section 
shall be made available to the Administrator, acting in consultation 
with other Federal agencies, to support and conduct periodic analyses 
and evaluations of effective prevention programs for abuse of and 
addiction to 3,4-methylenedioxy methamphetamine or related drugs and 
the development of appropriate strategies for disseminating information 
about and implementing these programs.
    ``(2) Report.--The Administrator shall submit an annual report 
containing the results of the analyses and evaluations conducted under 
paragraph (1) to--
            ``(A) the Committee on Health, Education, Labor, and 
        Pensions, the Committee on the Judiciary, and the Committee on 
        Appropriations of the Senate; and
            ``(B) the Committee on Commerce, the Committee on the 
        Judiciary, and the Committee on Appropriations of the House of 
        Representatives.
    ``(e) Authorization.-- There is authorized to be appropriated to 
carry out this subsection--
            ``(1) $5,000,000 for fiscal year 2001; and
            ``(2) such sums as may be necessary for each succeeding 
        fiscal year.''.
    (b) National Youth Antidrug Media Campaign.--In conducting the 
national media campaign under section 102 of the Drug-Free Media 
Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of 
National Drug Control Policy shall ensure that such campaign addresses 
the reduction and prevention of abuse of 3,4-methylenedioxy 
methamphetamine or related drugs among young people in the United 
States.
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