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------------------ Senate Version
The Senate bill # S226 called the "Illicit Drug Anti-Proliferation Act of
2003"108th CONGRESS
1st Session
S. 226
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.
IN THE SENATE OF THE UNITED STATES
January 28, 2003
Mr. BIDEN (for himself, Mr. GRASSLEY, Mr. LIEBERMAN, and Mrs. FEINSTEIN)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
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 `Illicit Drug Anti-Proliferation Act of
2003'.
SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 club drugs.
------------------ House Version
The House version is # H.R.718 called Reducing Americans' Vulnerability to
Ecstasy Act of 2003 (RAVE)
108th CONGRESS
1st Session
H. R. 718
To prohibit an individual from knowingly opening, maintaining, managing,
controlling, renting, leasing, making available for use, or profiting from
any placefor the purpose of manufacturing, distributing, or using any
controlled substance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 12, 2003
Mr. COBLE (for himself and Mr. SMITH of Texas) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
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 2003' or the `RAVE Act'.
SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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.
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