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1 SEC. 2. USING CHILDREN TO DISTRIBUTE A CONTROLLED

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SUBSTANCE.

(a) IN GENERAL.-The Controlled Substances Act (21

4 U.S.C. 801 et seq.) is amended by inserting after section

5 405A the following new section:

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"USING CHILDREN TO DISTRIBUTE

"SEC. 405B. (a) Any person at least eighteen years of

8 age who violates section 401(a)(1) by commanding, inducing, 9 or procuring another person less than eighteen years of age 10 knowingly to distribute a controlled substance is punish11 able

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"(1) by a term of imprisonment, or fine, or both, up to twice that otherwise authorized for that offense,

and at least twice any special parole term otherwise authorized for that offense, in the case of a first offense under this section; and

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“(2) by a term of imprisonment of not less than

years nor more than life, and at least three times any special parole term otherwise authorized for that

offense, in any other case.

“(b) In the case of any sentence imposed under subsec22 tion (a), imposition or execution of such sentence shall not be 23 suspended and probation shall not be granted. An individual 24 convicted under subsection (a) shall not be eligible for parole 25 until the individual has served the minimum sentence re26 quired by such subsection.".

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(b) CROSS REFERENCE AMENDMENTS.-(1) Section

2 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is

3 amended by striking out "or 405A" and inserting “, 405A,

4 or 405B" in lieu thereof.

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(2) Section 401(c) of the Controlled Substances Act (21 6 U.S.C. 841(c)) is amended by striking out "405A" each place

7 it appears and inserting ", 405A, or 405B" in lieu thereof.

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(c) CLERICAL AMENDMENT.-The table of contents of

9 the Comprehensive Drug Abuse Prevention and Control Act 10 of 1970 is amended by inserting after the item relating to 11 section 405A the following:

"405B. Using children to distribute.".

12 SEC. 3. DESIGNER DRUG PROHIBITIONS.

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(a) IN GENERAL.-Part D of the Controlled Substances 14 Act is amended by adding after section 403 the following:

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"PROHIBITED ACTS D

"SEC. 403A. Any person who knowingly or intentional17 ly manufactures with intent to distribute, possesses with 18 intent to distribute, or distributes a designer drug intended for 19 human consumption shall be fined not more than $250,000, 20 or imprisoned not more than fifteen years, or both. This sec21 tion does not apply to a person who manufactures or distrib22 utes a substance in conformance with the provisions of an 23 approved new drug application or an exemption for investiga24 tional use within the meaning of section 505 of the Federal

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1 Food, Drug, and Cosmetic Act (21 U.S.C. 355). For pur2 poses of this section, section 505 of the Federal Food, Drug, 3 and Cosmetic Act (21 U.S.C. 355) shall be applicable to the 4 introduction or delivery for introduction of any new drug into 5 intrastate, interstate, or foreign commerce.".

6 (b) DEFINITIONS.-Section 102 of the Controlled Sub7 stances Act (21 U.S.C. 802) is amended by adding at the end 8 thereof the following:

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"(31) The term 'designer drug' as used in section 403A 10 means a substance other than a controlled substance that has

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a chemical structure substantially similar to that of a con12 trolled substance in Schedules I or II or that was specifically 13 designed to produce an effect substantially similar to that of a 14 controlled substance in Schedules I or II. Examples of chem15 ical classes in which designer drugs are found include, but are 16 not limited to, the following: phenethylamines, N-substituted 17 piperidines, morphinans, ecgonines, quinazolinones, substitut18 ed indoles, and arylcycloalkylamines.

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"(32) The term 'human consumption' includes applica

20 tion, injection, inhalation, or ingestion.".

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(c) Clerical Amendment.-The table of contents of the 22 Comprehensive Drug Abuse Prevention and Control Act of 23 1970 is amended by inserting after the item relating to sec

24 tion 403 the following:

"403A. Prohibited acts D.".

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1 SEC. 4. PRECURSOR AND ESSENTIAL CHEMICAL REVIEW.

(a) FINDINGS.-The Congress finds that—

(1) clandestine manufacture continues to be a major source of narcotic and dangerous drugs on the

illegal drug market;

(2) these drugs are produced using a variety of chemicals which are found in commercial channels and which are diverted to illegal uses;

(3) over the last few years, a number of steps have been taken to deny drug traffickers access to key precursor chemicals, for example

(A) P2P, a precursor chemical used in the production of amphetamines and methamphetamines was administratively controlled in schedule II of the Controlled Substances Act by the Drug Enforcement Agency;

(B) a variety of controls were placed on piperidine, the precursor for methaqualone, by Public Law 95-633, the Psychotropic Substance Act of 1978; and

(C) the Drug Enforcement Agency has maintained a voluntary system in cooperation with chemical industry to report suspicious purchases of precursors and essential chemicals; and

(4) despite the formal and voluntary systems that

currently exist, clandestine production of synthetic nar

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1 cotics and dangerous drugs continue to contribute to

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drug trafficking and abuse problems in the United States.

(b) STUDY AND REPORT.-The Attorney General

(1) conduct a study of the need for legislation, regulation, or alternative methods to control the diversion of legitimate precursor and essential chemicals to the illegal production of drugs of abuse; and

(2) report all findings of such study to Congress

not later than the end of the 90th day after the date of enactment of this Act.

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