II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ecstasy Anti-Prolifera5 tion Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) The illegal importation of 3,4-

9 methylenedioxy methamphetamine, commonly re10 ferred to as ‘‘MDMA’’ or ‘‘Ecstasy’’, has increased
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1 in recent years, as evidenced by the fact that Ec2 stasy seizures by the United States Customs Service

3 have risen from less than 500,000 tablets during fis4 cal year 1997 to more than 4,000,000 tablets during

5 the first 5 months of fiscal year 2000.

6 (2) Use of Ecstasy can cause long-lasting, and

7 perhaps permanent, damage to the serotonin system

8 of the brain, which is fundamental to the integration

9 of information and emotion, and this damage can

10 cause long-term problems with learning and memory.

11 (3) Due to the popularity and marketability of

12 Ecstasy, there are numerous Internet websites with

13 information on its effects, production, and the loca14 tions of use, often referred to as ‘‘raves’’. The avail15 ability of this information targets the primary users

16 of Ecstasy, who are most often college students,

17 young professionals, and other young people from

18 middle- to high-income families.

19 (4) Greater emphasis needs to be placed on—

20 (A) penalties associated with the manufac21 ture, distribution, and use of Ecstasy;

22 (B) the education of young people on the

23 negative health effects of Ecstasy, since the

24 reputation of Ecstasy as a ‘‘safe’’ drug is it’s

25 most dangerous component;
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1 (C) the education of State and local law

2 enforcement agencies regarding the growing

3 problem of Ecstasy trafficking across the

4 United States;

5 (D) reducing the number of deaths caused

6 by Ecstasy use and its combined use with other

7 ‘‘club’’ drugs and alcohol; and

8 (E) adequate funding for research by the

9 National Institute on Drug Abuse to—

10 (i) identify those most vulnerable to

11 using Ecstasy and develop science-based

12 prevention approaches tailored to the spe13 cific needs of individuals at high risk;

14 (ii) understand how Ecstasy produces

15 its toxic effects and how to reverse neuro16 toxic damage;

17 (iii) develop treatments, including new

18 medications and behavioral treatment ap19 proaches;

20 (iv) better understand the effects that

21 Ecstasy has on the developing children and

22 adolescents; and

23 (v) translate research findings into

24 useful tools and ensure their effective dis25 semination.
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1 SEC. 3. ENHANCED PUNISHMENT OF ECSTASY TRAF2 FICKERS.

3 (a) AMENDMENT TO FEDERAL SENTENCING GUIDE4 LINES.—Pursuant to its authority under section 994(p)

5 of title 28, United States Code, the United States Sen6 tencing Commission shall amend the Federal sentencing

7 guidelines regarding any offense relating to the manufac8 ture, importation, or exportation of, or trafficking in—

9 (1) 3,4-methylenedioxy methamphetamine;

10 (2) 3,4-methylenedioxy amphetamine;

11 (3) 3,4-methylenedioxy-N-ethylamphetamine; or

12 (4) any other controlled substance, as deter13 mined by the Sentencing Commission in consultation

14 with the Attorney General, that is marketed as Ec15 stasy and that has either a chemical structure sub16 stantially similar to that of 3,4-methylenedioxy

17 methamphetamine or and effect on the central nerv18 ous system substantially similar to or greater than

19 that of 3,4-methylenedioxy methamphetamine;

20 (including an attempt or conspiracy to commit an offense

21 described in paragraph (1), (2), (3), or (4)) in violation

22 of the Controlled Substances Act (21 U.S.C. 801 et seq.),

23 the Controlled Substances Import and Export Act (21

24 U.S.C. 951 et seq.), or the Maritime Drug Law Enforce25 ment Act (46 U.S.C. 1901 et seq.).
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1 (b) GENERAL REQUIREMENT.—In carrying out this

2 section, the United States Sentencing Commission shall,

3 with respect to each offense described in subsection (a)—

4 (1) review and amend the Federal sentencing

5 guidelines to provide for increased penalties such

6 that those penalties are comparable to the base of7 fense levels for offenses involving any methamphet8 amine mixture; and

9 (2) take any other action the Commission con10 siders to be necessary to carry out this subsection.

11 (c) ADDITIONAL REQUIREMENTS.—In carrying out

12 this section, the United States Sentencing Commission

13 shall ensure that the Federal sentencing guidelines for of14 fenders convicted of offenses described in subsection (a)

15 reflect—

16 (1) the need for aggressive law enforcement ac17 tion with respect to offenses involving the controlled

18 substances described in subsection (a); and

19 (2) the dangers associated with unlawful activ20 ity involving such substances, including—

21 (A) the rapidly growing incidence of abuse

22 of the controlled substances described in sub23 section (a) and the threat to public safety that

24 such abuse poses;
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1 (B) the recent increase in the illegal im2 portation of the controlled substances described

3 in subsection (a);

4 (C) the young age at which children are

5 beginning to use the controlled substances de6 scribed in subsection (a); and

7 (D) any other factor that the Sentencing

8 Commission deems appropriate.

9 SEC. 4. ENHANCED PUNISHMENT OF GHB TRAFFICKERS.

10 (a) AMENDMENT TO FEDERAL SENTENCING GUIDE11 LINES.—Pursuant to its authority under section 994(p)

12 of title 28, United States Code, the United States Sen13 tencing Commission shall amend the Federal sentencing

14 guidelines in accordance with this section with respect to

15 any offense relating to the manufacture, importation, or

16 exportation of, or trafficking in—

17 (1) gamma-hydroxybutyric acid and its salts; or

18 (2) the List I Chemical gamma-butyrolactone;

19 (including an attempt or conspiracy to commit an offense

20 described in paragraph (1) or (2)) in violation of the Con21 trolled Substances Act (21 U.S.C. 801 et seq.), the Con22 trolled Substances Import and Export Act (21 U.S.C. 951

23 et seq.), or the Maritime Drug Law Enforcement Act (46

24 U.S.C. 1901 et seq.).
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1 (b) GENERAL REQUIREMENTS.—In carrying out this

2 section, the United States Sentencing Commission shall

3 with respect to each offense described in subsection (a)—

4 (1) review and amend the Federal Sentencing

5 guidelines to provide for increased penalties such

6 that those penalties reflect the seriousness of these

7 offenses and the need to deter them;

8 (2) assure that the guidelines provide that of9 fenses involving a significant quantity of Schedule I

10 and II depressants are subject to greater terms of

11 imprisonment than currently provided by the guide12 lines and that such terms are consistent with appli13 cable statutory maximum penalties; and

14 (3) take any other action the Commission con15 siders to be necessary to carry out this subsection.

16 (c) ADDITIONAL REQUIREMENTS.—In carrying out

17 this section, the United States Sentencing Commission

18 shall consider—

19 (1) the dangers associated with the use of the

20 substances described in subsection (a), and unlawful

21 activity involving such substances;

22 (2) the rapidly growing incidence of abuse of

23 the controlled substances described in subsection (a)

24 and the threat to public safety that such abuse
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1 poses, including the dangers posed by overdose; and

2

3 (3) the recent increase in the illegal manufac4 ture the controlled substances described in sub5 section (a).

6 SEC. 5. EMERGENCY AUTHORITY TO SENTENCING COMMIS7 SION.

8 The United States Sentencing Commission shall pro9 mulgate amendments under this Act as soon as practicable

10 after the date of the enactment of this Act in accordance

11 with the procedure set forth in section 21(a) of the Sen12 tencing Act of 1987 (Public Law 100–182), as though the

13 authority under that Act had not expired.

14 SEC. 6. PROHIBITION ON DISTRIBUTION OF INFORMATION

15 RELATING TO THE MANUFACTURE OR ACQUI16 SITION OF CONTROLLED SUBSTANCES.

17 Section 403 of the Controlled Substances Act (21

18 U.S.C. 843) is amended by adding at the end the fol19 lowing:

20 ‘‘(g) PROHIBITION ON DISTRIBUTION OF INFORMA21 TION RELATING TO MANUFACTURE OR ACQUISITION OF

22 CONTROLLED SUBSTANCES.—

23 ‘‘(1) CONTROLLED SUBSTANCE DEFINED.—In

24 this subsection, the term ‘controlled substance’ has
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1 the meaning given that term in section 102(6) of the

2 Controlled Substances Act (21 U.S.C. 802(6)).

3 ‘‘(2) PROHIBITION.—It shall be unlawful for

4 any person—

5 ‘‘(A) to teach or demonstrate the manufac6 ture of a controlled substance, or to distribute

7 by any means information pertaining to, in

8 whole or in part, the manufacture, acquisition,

9 or use of a controlled substance, with the intent

10 that the teaching, demonstration, or informa11 tion be used for, or in furtherance of, an activ12 ity that constitutes a crime; or

13 ‘‘(B) to teach or demonstrate to any per14 son the manufacture of a controlled substance,

15 or to distribute to any person, by any means,

16 information pertaining to, in whole or in part,

17 the manufacture, acquisition, or use of a con18 trolled substance, knowing or having reason to

19 know that such person intends to use the teach20 ing, demonstration, or information for, or in

21 furtherance of, an activity that constitutes an

22 offense.

23 ‘‘(3) PENALTY.—Any person who violates this

24 subsection shall be fined under this title, imprisoned

25 not more than 10 years, or both.’’.
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1 SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT

2 INTERNET WEBSITES.

3 Not later than 90 days after the date of enactment

4 of this Act, the head of each department, agency, and es5 tablishment of the Federal Government shall, in consulta6 tion with the Director of the Office of National Drug Con7 trol Policy, place antidrug messages on appropriate Inter8 net websites controlled by such department, agency, or es9 tablishment which messages shall, where appropriate, con10 tain an electronic hyperlink to the Internet website, if any,

11 of the Office of National Drug Control Policy.

12 SEC. 8. EXPANSION OF ECSTASY AND LIQUID ECSTASY

13 ABUSE PREVENTION EFFORTS.

14 (a) PUBLIC HEALTH SERVICE ASSISTANCE.—Part A

15 of title V of the Public Health Service Act (42 U.S.C.

16 290aa et seq.) is amended by adding at the end the fol17 lowing:

18 ‘‘SEC. 506. GRANTS FOR ECSTASY ABUSE PREVENTION.

19 ‘‘(a) AUTHORITY.—The Administrator may make

20 grants to, and enter into contracts and cooperative agree21 ments with, public and nonprofit private entities to enable

22 such entities—

23 ‘‘(1) to carry out school-based programs con24 cerning the dangers of abuse of and addiction to

25 3,4-methylenedioxy methamphetamine or related

26 drugs, using methods that are effective and science-
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1 based, including initiatives that give students the re2 sponsibility to create their own antidrug abuse edu3 cation programs for their schools; and

4 ‘‘(2) to carry out community-based abuse and

5 addiction prevention programs relating to 3,4-

6 methylenedioxy methamphetamine or related drugs

7 that are effective and science-based.

8 ‘‘(b) USE OF FUNDS.—Amounts made available

9 under a grant, contract or cooperative agreement under

10 subsection (a) shall be used for planning, establishing, or

11 administering prevention programs relating to 3,4-

12 methylenedioxy methamphetamine or related drugs in ac13 cordance with paragraph (3).

14 ‘‘(c)(1) DISCRETIONARY FUNCTIONS.—Amounts pro15 vided under this section may be used—

16 ‘‘(A) to carry out school-based programs that

17 are focused on those districts with high or increasing

18 rates of abuse and addiction to 3,4-methylenedioxy

19 methamphetamine or related drugs and targeted at

20 populations that are most at risk to start abuse of

21 3,4-methylenedioxy methamphetamine or related

22 drugs;

23 ‘‘(B) to carry out community-based prevention

24 programs that are focused on those populations

25 within the community that are most at-risk for
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1 abuse of and addiction to 3,4-methylenedioxy meth2 amphetamine or related drugs;

3 ‘‘(C) to assist local government entities to con4 duct appropriate prevention activities relating to 3,4-

5 methylenedioxy methamphetamine or related drugs;

6 ‘‘(D) to train and educate State and local law

7 enforcement officials, prevention and education offi8 cials, health professionals, members of community

9 antidrug coalitions and parents on the signs of

10 abuse of and addiction to 3,4-methylenedioxy meth11 amphetamine or related drugs, and the options for

12 treatment and prevention;

13 ‘‘(E) for planning, administration, and edu14 cational activities related to the prevention of abuse

15 of and addiction to 3,4-methylenedioxy methamphet16 amine or related drugs;

17 ‘‘(F) for the monitoring and evaluation of pre18 vention activities relating to 3,4-methylenedioxy

19 methamphetamine or related drugs, and reporting

20 and disseminating resulting information to the pub21 lic; and

22 ‘‘(G) for targeted pilot programs with evalua23 tion components to encourage innovation and experi24 mentation with new methodologies.
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1 ‘‘(2) PRIORITY.—The Administrator shall give pri2 ority in making grants under this subsection to rural and

3 urban areas that are experiencing a high rate or rapid in4 creases in abuse and addiction to 3,4-methylenedioxy

5 methamphetamine or related drugs.

6 ‘‘(d)(1) PREVENTION PROGRAM ALLOCATION.—Not

7 less than $500,000 of the amount available in each fiscal

8 year to carry out this section shall be made available to

9 the Administrator, acting in consultation with other Fed10 eral agencies, to support and conduct periodic analyses

11 and evaluations of effective prevention programs for abuse

12 of and addiction to 3,4-methylenedioxy methamphetamine

13 or related drugs and the development of appropriate strat14 egies for disseminating information about and imple15 menting these programs.

16 ‘‘(2) REPORT.—The Administrator shall submit an

17 annual report containing the results of the analyses and

18 evaluations conducted under paragraph (1) to—

19 ‘‘(A) the Committee on Health, Education,

20 Labor, and Pensions, the Committee on the Judici21 ary, and the Committee on Appropriations of the

22 Senate; and

23 ‘‘(B) the Committee on Commerce, the Com24 mittee on the Judiciary, and the Committee on Ap25 propriations of the House of Representatives.
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1 ‘‘(e) AUTHORIZATION.— There is authorized to be

2 appropriated to carry out this subsection—

3 ‘‘(1) $5,000,000 for fiscal year 2001; and

4 ‘‘(2) such sums as may be necessary for each

5 succeeding fiscal year.’’.

6 (b) NATIONAL YOUTH ANTIDRUG MEDIA CAM7 PAIGN.—In conducting the national media campaign

8 under section 102 of the Drug-Free Media Campaign Act

9 of 1998 (21 U.S.C. 1801), the Director of the Office of

10 National Drug Control Policy shall ensure that such cam11 paign addresses the reduction and prevention of abuse of

12 3,4-methylenedioxy methamphetamine or related drugs

13 among young people in the United States.

Æ