H. R. 4365—139
quantity 
of 
ephedrine, 
phenylpropanolamine, 
or
pseudoephedrine possessed or distributed.
(2) CONVERSION RATIOS.—For the purposes of the amend-
ments made by this subsection, the quantity of controlled sub-
stance that could reasonably have been manufactured shall
be determined by using a table of manufacturing conversion
ratios 
for 
ephedrine, 
phenylpropanolamine, 
and
pseudoephedrine, which table shall be established by the Sen-
tencing Commission based on scientific, law enforcement, and
other data the Sentencing Commission considers appropriate.
(c) OTHER LIST I CHEMICALS.—In carrying this section, the
United States Sentencing Commission shall, with respect to each
offense described in subsection (a) involving any list I chemical
other than ephedrine, phenylpropanolamine, or pseudoephedrine,
review and amend its guidelines to provide for increased penalties
such that those penalties reflect the dangerous nature of such
offenses, the need for aggressive law enforcement action to fight
such offenses, and the extreme dangers associated with unlawful
activity involving methamphetamine and amphetamine, including—
(1) the rapidly growing incidence of controlled substance
manufacturing;
(2) the extreme danger inherent in manufacturing con-
trolled substances;
(3) the threat to public safety posed by manufacturing
controlled substances; and
(4) the recent increase in the importation, possession, and
distribution of list I chemicals for the purpose of manufacturing
controlled substances.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—The
United States Sentencing Commission shall promulgate amend-
ments pursuant to this section 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. 3652. MAIL ORDER REQUIREMENTS.
Section 310(b)(3) of the Controlled Substances Act (21 U.S.C.
830(b)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B) as subpara-
graphs (B) and (C), respectively;
(2) by inserting before subparagraph (B), as so redesig-
nated, the following new subparagraph (A):
‘‘(A) As used in this paragraph:
‘‘(i) The term ‘drug product’ means an active ingre-
dient in dosage form that has been approved or other-
wise may be lawfully marketed under the Food, Drug,
and Cosmetic Act for distribution in the United States.
‘‘(ii) The term ‘valid prescription’ means a prescrip-
tion which is issued for a legitimate medical purpose
by an individual practitioner licensed by law to admin-
ister and prescribe the drugs concerned and acting
in the usual course of the practitioner’s professional
practice.’’;
(3) in subparagraph (B), as so redesignated, by inserting
‘‘or who engages in an export transaction’’ after ‘‘nonregulated
person’’; and
H. R. 4365—140
(4) adding at the end the following:
‘‘(D) Except as provided in subparagraph (E), the fol-
lowing distributions to a nonregulated person, and the
following export transactions, shall not be subject to the
reporting requirement in subparagraph (B):
‘‘(i) Distributions of sample packages of drug prod-
ucts when such packages contain not more than two
solid dosage units or the equivalent of two dosage
units in liquid form, not to exceed 10 milliliters of
liquid per package, and not more than one package
is distributed to an individual or residential address
in any 30-day period.
‘‘(ii) Distributions of drug products by retail
distributors that may not include face-to-face trans-
actions to the extent that such distributions are con-
sistent with the activities authorized for a retail dis-
tributor as specified in section 102(46).
‘‘(iii) Distributions of drug products to a resident
of a long term care facility (as that term is defined
in regulations prescribed by the Attorney General) or
distributions of drug products to a long term care
facility for dispensing to or for use by a resident of
that facility.
‘‘(iv) Distributions of drug products pursuant to
a valid prescription.
‘‘(v) Exports which have been reported to the
Attorney General pursuant to section 1004 or 1018
or which are subject to a waiver granted under section
1018(e)(2).
‘‘(vi) Any quantity, method, or type of distribution
or any quantity, method, or type of distribution of
a specific listed chemical (including specific formula-
tions or drug products) or of a group of listed chemicals
(including specific formulations or drug products)
which the Attorney General has excluded by regulation
from such reporting requirement on the basis that
such reporting is not necessary for the enforcement
of this title or title III.
‘‘(E) The Attorney General may revoke any or all of
the exemptions listed in subparagraph (D) for an individual
regulated person if he finds that drug products distributed
by the regulated person are being used in violation of
this title or title III. The regulated person shall be notified
of the revocation, which will be effective upon receipt by
the person of such notice, as provided in section 1018(c)(1),
and shall have the right to an expedited hearing as pro-
vided in section 1018(c)(2).’’.
SEC. 3653. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA
FOR PURPOSES OF ILLICIT PRODUCTION OF CON-
TROLLED SUBSTANCES.
(a) IN GENERAL.—Part D of the Controlled Substances Act
(21 U.S.C. 841 et seq.) is amended by adding at the end the
following:
‘‘ANHYDROUS AMMONIA
‘‘SEC. 423. (a) It is unlawful for any person—
H. R. 4365—141
‘‘(1) to steal anhydrous ammonia, or
‘‘(2) to transport stolen anhydrous ammonia across State
lines,
knowing, intending, or having reasonable cause to believe that
such anhydrous ammonia will be used to manufacture a controlled
substance in violation of this part.
‘‘(b) Any person who violates subsection (a) shall be imprisoned
or fined, or both, in accordance with section 403(d) as if such
violation were a violation of a provision of section 403.’’.
(b) CLERICAL AMENDMENT.—The table of contents for that Act
is amended by inserting after the item relating to section 421
the following new items:
‘‘Sec. 422. Drug paraphernalia.
‘‘Sec. 423. Anhydrous ammonia.’’.
(c) ASSISTANCE FOR CERTAIN RESEARCH.—
(1) AGREEMENT.—The Administrator of the Drug Enforce-
ment Administration shall seek to enter into an agreement
with Iowa State University in order to permit the University
to continue and expand its current research into the develop-
ment of inert agents that, when added to anhydrous ammonia,
eliminate the usefulness of anhydrous ammonia as an ingre-
dient in the production of methamphetamine.
(2) REIMBURSABLE PROVISION OF FUNDS.—The agreement
under paragraph (1) may provide for the provision to Iowa
State University, on a reimbursable basis, of $500,000 for pur-
poses the activities specified in that paragraph.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is hereby
authorized to be appropriated for the Drug Enforcement
Administration for fiscal year 2000, $500,000 for purposes of
carrying out the agreement under this subsection.
Subtitle C—Ecstasy Anti-Proliferation Act
of 2000
SEC. 3661. SHORT TITLE.
This subtitle may be cited as the ‘‘Ecstasy Anti-Proliferation
Act of 2000’’.
SEC. 3662. FINDINGS.
Congress makes the following findings:
(1) The illegal importation of 3,4-methylenedioxy meth-
amphetamine, commonly referred to as ‘‘MDMA’’ or ‘‘Ecstasy’’
(referred to in this subtitle as ‘‘Ecstasy’’), has increased in
recent years, as evidenced by the fact that Ecstasy seizures
by the United States Customs Service have increased from
less than 500,000 tablets during fiscal year 1997 to more than
9,000,000 tablets during the first 9 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 the
effects of Ecstasy, the production of Ecstasy, and the locations
of Ecstasy use (often referred to as ‘‘raves’’). The availability
H. R. 4365—142
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, dis-
tribution, 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 the most dangerous component of
Ecstasy;
(C) the education of State and local law enforcement
agencies regarding the growing problem of Ecstasy traf-
ficking across the United States;
(D) reducing the number of deaths caused by Ecstasy
use and the combined use of Ecstasy 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 tai-
lored 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. 3663. ENHANCED PUNISHMENT OF ECSTASY TRAFFICKERS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDELINES.—Pursu-
ant to its authority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission (referred to in
this section as the ‘‘Commission’’) shall amend the Federal sen-
tencing guidelines regarding any offense relating to the manufac-
ture, importation, or exportation of, or trafficking in—
(1) 3,4-methylenedioxy methamphetamine;
(2) 3,4-methylenedioxy amphetamine;
(3) 3,4-methylenedioxy-N-ethylamphetamine;
(4) paramethoxymethamphetamine (PMA); or
(5) any other controlled substance, as determined by the
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 meth-
amphetamine or an 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), (4), or (5) 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
Commission shall, with respect to each offense described in sub-
section (a)—
H. R. 4365—143
(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; and
(2) take any other action the Commission considers to
be necessary to carry out this section.
(c) ADDITIONAL REQUIREMENTS.—In carrying out this section,
the 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 con-
trolled 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);
(D) the fact that the controlled substances described
in subsection (a) are frequently marketed to youth;
(E) the large number of doses per gram of the controlled
substances described in subsection (a); and
(F) any other factor that the Commission determines
to be appropriate.
(d) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) the base offense levels for Ecstasy are too low, particu-
larly for high-level traffickers, and should be increased, such
that they are comparable to penalties for other drugs of abuse;
and
(2) based on the fact that importation of Ecstasy has surged
in the past few years, the traffickers are targeting the Nation’s
youth, and the use of Ecstasy among youth in the United
States is increasing even as other drug use among this popu-
lation appears to be leveling off, the base offense levels for
importing and trafficking the controlled substances described
in subsection (a) should be increased.
(e) REPORT.—Not later than 60 days after the amendments
pursuant to this section have been promulgated, the Commission
shall—
(1) prepare a report describing the factors and information
considered by the Commission in promulgating amendments
pursuant to this section; and
(2) submit the report to—
(A) the Committee on the Judiciary, the Committee
on Health, Education, Labor, and Pensions, and the Com-
mittee on Appropriations of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Commerce, and the Committee on Appropriations of
the House of Representatives.
H. R. 4365—144
SEC. 3664. EMERGENCY AUTHORITY TO UNITED STATES SENTENCING
COMMISSION.
The United States Sentencing Commission shall promulgate
amendments under this subtitle 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. 3665. EXPANSION OF ECSTASY AND CLUB DRUGS ABUSE PREVEN-
TION EFFORTS.
(a) PUBLIC HEALTH SERVICE ACT.—Part A of title V of the
Public Health Service Act (42 U.S.C. 290aa et seq.), as amended
by section 3306, is further amended by adding at the end the
following:
‘‘SEC. 506B. GRANTS FOR ECSTASY AND OTHER CLUB DRUGS 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 dan-
gers of the abuse of and addiction to 3,4-methylenedioxy meth-
amphetamine, related drugs, and other drugs commonly
referred to as ‘club drugs’ using methods that are effective
and science-based, including initiatives that give students the
responsibility to create their own anti-drug abuse education
programs for their schools; and
‘‘(2) to carry out community-based abuse and addiction
prevention programs relating to 3,4-methylenedioxy meth-
amphetamine, related drugs, and other club 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 pro-
grams relating to 3,4-methylenedioxy methamphetamine, related
drugs, and other club drugs.
‘‘(c) USE OF FUNDS.—
‘‘(1) DISCRETIONARY FUNCTIONS.—Amounts provided to an
entity 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 methamphet-
amine, related drugs, and other club drugs and targeted
at populations that are most at risk to start abusing these
drugs;
‘‘(B) to carry out community-based prevention pro-
grams that are focused on those populations within the
community that are most at-risk for abuse of and addiction
to 3,4-methylenedioxy methamphetamine, related drugs,
and other club drugs;
‘‘(C) to assist local government entities to conduct
appropriate 
prevention 
activities 
relating 
to 
3,4-
methylenedioxy methamphetamine, related drugs, and
other club drugs;
‘‘(D) to train and educate State and local law enforce-
ment officials, prevention and education officials, health
H. R. 4365—145
professionals, members of community anti-drug coalitions
and parents on the signs of abuse of and addiction to
3,4-methylenedioxy methamphetamine, related drugs, and
other club drugs and the options for treatment and preven-
tion;
‘‘(E) for planning, administration, and educational
activities related to the prevention of abuse of and addiction
to 3,4-methylenedioxy methamphetamine, related drugs,
and other club drugs;
‘‘(F) for the monitoring and evaluation of prevention
activities relating to 3,4-methylenedioxy methamphet-
amine, related drugs, and other club drugs and reporting
and disseminating resulting information to the public; and
‘‘(G) for targeted pilot programs with evaluation compo-
nents to encourage innovation and experimentation with
new methodologies.
‘‘(2) PRIORITY.—The Administrator shall give priority in
awarding grants under this section to rural and urban areas
that are experiencing a high rate or rapid increases in abuse
and addiction to 3,4-methylenedioxy methamphetamine, related
drugs, and other club drugs.
‘‘(d) ALLOCATION AND REPORT.—
‘‘(1) PREVENTION
PROGRAM
ALLOCATION.—Not less than
$500,000 of the amount appropriated in each fiscal year to
carry out this section shall be made available to the Adminis-
trator, acting in consultation with other Federal agencies, to
support and conduct periodic analyses and evaluations of effec-
tive prevention programs for abuse of and addiction to 3,4-
methylenedioxy methamphetamine, related drugs, and other
club drugs and the development of appropriate strategies for
disseminating information about and implementing such pro-
grams.
‘‘(2) REPORT.—The Administrator shall annually prepare
and submit to the Committee on Health, Education, Labor,
and Pensions, the Committee on the Judiciary, and the Com-
mittee on Appropriations of the Senate, and the Committee
on Commerce, the Committee on the Judiciary, and the Com-
mittee on Appropriations of the House of Representatives, a
report containing the results of the analyses and evaluations
conducted under paragraph (1).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section—
‘‘(1) $10,000,000 for fiscal year 2001; and
‘‘(2) such sums as may be necessary for each succeeding
fiscal year.’’.
Subtitle D—Miscellaneous
SEC. 3671. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTER-
NET WEBSITES.
Not later than 90 days after the date of the enactment of
this Act, the head of each department, agency, and establishment
of the Federal Government shall, in consultation with the Director
H. R. 4365—146
of the Office of National Drug Control Policy, place antidrug mes-
sages on appropriate Internet websites controlled by such depart-
ment, agency, or establishment which messages shall, where appro-
priate, contain an electronic hyperlink to the Internet website,
if any, of the Office.
SEC. 3672. REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRA-
TION OF EXPENSES INCURRED TO REMEDIATE METH-
AMPHETAMINE LABORATORIES.
(a) REIMBURSEMENT
AUTHORIZED.—The Attorney General,
acting through the Administrator of the Drug Enforcement Adminis-
tration, may reimburse States, units of local government, Indian
tribal governments, other public entities, and multi-jurisdictional
or regional consortia thereof for expenses incurred to clean up
and safely dispose of substances associated with clandestine meth-
amphetamine laboratories which may present a danger to public
health or the environment.
(b) ADDITIONAL DEA PERSONNEL.—From amounts appropriated
or otherwise made available to carry out this section, the Attorney
General may hire not more than five additional Drug Enforcement
Administration personnel to administer this section.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Attorney General to carry out this section
$20,000,000 for fiscal year 2001.
SEC. 3673. SEVERABILITY.
Any provision of this title held to be invalid or unenforceable
by its terms, or as applied to any person or circumstance, shall
be construed as to give the maximum effect permitted by law,
unless such provision is held to be utterly invalid or unenforceable,
in which event such provision shall be severed from this title
and shall not affect the applicability of the remainder of this title,
or of such provision, to other persons not similarly situated or
to other, dissimilar circumstances.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.