[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 226 Introduced in Senate (IS)]







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.
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