S 2612 IS

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

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

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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