SB 226, Jan. 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.