RAVE Act (Introduced in Senate)
S. 2633: Mr. BIDEN (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, 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 'Reducing Americans' Vulnerability to Ecstasy Act of 2002' or the 'RAVE Act'.
SEC. 2. FINDINGS.
Congress finds the following: (1) Each year tens of thousands of young people are initiated into the drug culture at 'rave' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music). (2) Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present. (3) The trafficking and use of 'club drugs', including 3, 4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture. (4) Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe. (5) Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth. (6) Because rave promoters know that Ecstasy causes the body temperature in a user to rise and as a result causes the user to become very thirsty, many rave promoters facilitate and profit from flagrant drug use at rave parties or events by selling over-priced bottles of water and charging entrance fees to 'chill-rooms' where users can cool down. (7) To enhance the effects of the drugs that patrons have ingested, rave promoters sell-- (A) neon glow sticks; (B) massage oils; (C) menthol nasal inhalers; and (D) pacifiers that are used to combat the involuntary teeth clenching associated with Ecstasy. (8) Ecstasy is the most popular of the club drugs associated with raves. Thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. The Drug Abuse Warning Network reports that Ecstasy mentions in emergency visits grew 1,040 percent between 1994 and 1999. (9) Ecstasy damages neurons in the brain which contain serotonin, the chemical responsible for mood, sleeping and eating habits, thinking processes, aggressive behavior, sexual function, and sensitivity to pain. According to the National Institute on Drug Abuse, this can lead to long-term brain damage that is still evident 6 to 7 years after Ecstasy use. (10) An Ecstasy overdose is characterized by an increased heart rate, hypertension, renal failure, visual hallucinations, and overheating of the body (some Ecstasy deaths have occurred after the core body temperature of the user goes as high as 110 degrees, causing all major organ systems to shutdown and muscles to breakdown), and may cause heart attacks, strokes, and seizures.
SEC. 3. OFFENSES.
(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended-- (1) in paragraph (1), by striking 'open or maintain any place' and inserting 'open, lease, rent, use, or maintain any place, whether permanently or temporarily,'; and (2) by striking paragraph (2) and inserting the following: '(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.'. (b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows: 'SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'. (c) CONFORMING AMENDMENT- The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following: 'Sec. 416. Maintaining drug-involved premises.'.
SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.
Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following: '(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of-- '(A) $250,000; or '(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person. '(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
'(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).'.
SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES.
Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking 'this section or section 402' and inserting 'this section, section 402, or 416'.
SEC. 6. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB); (2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and (3) take any other action the Commission considers necessary to carry out this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.
There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.
There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves.(TMH)