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Subtitle C—Ecstasy Anti-
Proliferation Act of 2000
SEC. 3661. SHORT TITLE.
This subtitle may be cited as the ‘‘Ecstasy Anti-Pro-
liferation Act of 2000’’.
SEC. 3662. FINDINGS.
Congress makes the following findings:
(1) The illegal importation of 3,4-methylenedioxy
methamphetamine, commonly referred to as ‘‘MDMA’’
or ‘‘Ecstasy’’ (referred to in this subtitle as ‘‘Ec-
stasy’’), 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 re-
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ferred to as ‘‘raves’’). The availability of this infor-
mation targets the primary users of Ecstasy, who are
most often college students, young professionals, and
other young people from middle- to high-income fami-
lies.
(4) Greater emphasis needs to be placed on—
(A) penalties associated with the manufac-
ture, distribution, and use of Ecstasy;
(B) the education of young people on the
negative health effects of Ecstasy, since the rep-
utation of Ecstasy as a ‘‘safe’’ drug is the most
dangerous component of Ecstasy;
(C) the education of State and local law en-
forcement agencies regarding the growing prob-
lem of Ecstasy trafficking 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 tailored to the spe-
cific needs of individuals at high risk;
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(ii) understand how Ecstasy produces
its toxic effects and how to reverse neuro-
toxic damage;
(iii) develop treatments, including new
medications and behavioral treatment ap-
proaches;
(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 dis-
semination.
SEC. 3663. ENHANCED PUNISHMENT OF ECSTASY TRAF-
FICKERS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant 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 ‘‘Commis-
sion’’) shall amend the Federal sentencing guidelines re-
garding any offense relating to the manufacture, importa-
tion, 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
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(5) any other controlled substance, as determined
by the Commission in consultation with the Attorney
General, that is marketed as Ecstasy and that has ei-
ther a chemical structure substantially similar to that
of 3,4-methylenedioxy methamphetamine or an effect
on the central nervous system substantially similar to
or greater than that of 3,4-methylenedioxy meth-
amphetamine;
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 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; and
(2) take any other action the Commission con-
siders to be necessary to carry out this section.
(c) ADDITIONAL REQUIREMENTS.—In carrying out
this section, the Commission shall ensure that the Federal
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sentencing guidelines for offenders convicted of offenses de-
scribed in subsection (a) reflect—
(1) the need for aggressive law enforcement ac-
tion 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 sub-
section (a) and the threat to public safety that
such abuse poses;
(B) the recent increase in the illegal impor-
tation of the controlled substances described in
subsection (a);
(C) the young age at which children are be-
ginning to use the controlled substances described
in subsection (a);
(D) the fact that the controlled substances
described in subsection (a) are frequently mar-
keted 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.
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(d) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) the base offense levels for Ecstasy are too low,
particularly 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 population 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 amend-
ments pursuant to this section have been promulgated, the
Commission shall—
(1) prepare a report describing the factors and
information considered by the Commission in pro-
mulgating 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 Committee on Appropriations
of the Senate; and