[Congressional Record Volume 146, Number 122 (Wednesday, October 4, 2000)]
[Senate]
[Pages S9846-S9848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REQUEST FOR PRINTING OF THE ECSTASY ANTI-PROLIFERATION ACT OF 2000 IN 
                        THE CONGRESSIONAL RECORD

  Mr. GRAHAM. Mr. President, on 23 May 2000, I introduced the Ecstasy 
Anti-proliferation Act of 2000, now known as S. 2612. The original bill 
text was not printed in the Congressional Record for that day. I am 
resubmitting

[[Page S9847]]

the original text of the bill and ask unanimous consent that the text 
be printed in the Congressional Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2612

       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.

[[Page S9848]]

     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.

                          ____________________