II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Illicit Drug Anti-Pro5 liferation Act of 2003’’. 
2

•S 226 IS 

1 SEC. 2. OFFENSES. 

2 (a) IN GENERAL.—Section 416(a) of the Controlled 

3 Substances Act (21 U.S.C. 856(a)) is amended—

4 (1) in paragraph (1), by striking ‘‘open or 

5 maintain any place’’ and inserting ‘‘open, lease, rent, 

6 use, or maintain any place, whether permanently or 

7 temporarily,’’; and 

8 (2) by striking paragraph (2) and inserting the 

9 following: 

10 ‘‘(2) manage or control any place, whether per11 manently or temporarily, either as an owner, lessee, 

12 agent, employee, occupant, or mortgagee, and know13 ingly and intentionally rent, lease, profit from, or 

14 make available for use, with or without compensa15 tion, the place for the purpose of unlawfully manu16 facturing, storing, distributing, or using a controlled 

17 substance.’’. 

18 (b) TECHNICAL AMENDMENT.—The heading to sec19 tion 416 of the Controlled Substances Act (21 U.S.C. 856) 

20 is amended to read as follows: 

21 ‘‘SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.’’. 

22 (c) CONFORMING AMENDMENT.—The table of con23 tents to title II of the Comprehensive Drug Abuse and 

24 Prevention Act of 1970 is amended by striking the item 

25 relating to section 416 and inserting the following:

‘‘Sec. 416. Maintaining drug-involved premises.’’.
3

•S 226 IS 

1 SEC. 3. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAIN2 TAINING DRUG-INVOLVED PREMISES. 

3 Section 416 of the Controlled Substances Act (21 

4 U.S.C. 856) is amended by adding at the end the fol5 lowing: 

6 ‘‘(d)(1) Any person who violates subsection (a) shall 

7 be subject to a civil penalty of not more than the greater 

8 of—

9 ‘‘(A) $250,000; or 

10 ‘‘(B) 2 times the gross receipts, either known or 

11 estimated, that were derived from each violation that 

12 is attributable to the person. 

13 ‘‘(2) If a civil penalty is calculated under paragraph 

14 (1)(B), and there is more than 1 defendant, the court may 

15 apportion the penalty between multiple violators, but each 

16 violator shall be jointly and severally liable for the civil 

17 penalty under this subsection. 

18 ‘‘(e) Any person who violates subsection (a) shall be 

19 subject to declaratory and injunctive remedies as set forth 

20 in section 403(f).’’. 

21 SEC. 4. DECLARATORY AND INJUNCTIVE REMEDIES. 

22 Section 403(f)(1) of the Controlled Substances Act 

23 (21 U.S.C. 843(f)(1)) is amended by striking ‘‘this section 

24 or section 402’’ and inserting ‘‘this section, section 402, 

25 or 416’’. 
4

•S 226 IS 

1 SEC. 5. SENTENCING COMMISSION GUIDELINES. 

2 The United States Sentencing Commission shall—

3 (1) review the Federal sentencing guidelines 

4 with respect to offenses involving gamma hydroxy5 butyric acid (GHB); 

6 (2) consider amending the Federal sentencing 

7 guidelines to provide for increased penalties such 

8 that those penalties reflect the seriousness of of9 fenses involving GHB and the need to deter them; 

10 and 

11 (3) take any other action the Commission con12 siders necessary to carry out this section. 

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR A DE14 MAND REDUCTION COORDINATOR. 

15 There is authorized to be appropriated $5,900,000 to 

16 the Drug Enforcement Administration of the Department 

17 of Justice for the hiring of a special agent in each State 

18 to serve as a Demand Reduction Coordinator. 

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR DRUG 

20 EDUCATION. 

21 There is authorized to be appropriated such sums as 

22 necessary to the Drug Enforcement Administration of the 

23 Department of Justice to educate youth, parents, and 

24 other interested adults about club drugs.

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