Page:United States Statutes at Large Volume 117.djvu/710

 PUBLIC LAW 108–21—APR. 30, 2003 by inserting ‘‘, MENTS’’.

AUTHENTICATION FEATURES,’’

117 STAT. 691

after ‘‘DOCU-

SEC. 608. ILLICIT DRUG ANTI-PROLIFERATION ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Illicit Drug Anti-Proliferation Act of 2003’’. (b) OFFENSES.— (1) IN GENERAL.—Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended— (A) 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 (B) 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.’’. (2) TECHNICAL AMENDMENT.—The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows:

Illicit Drug AntiProliferation Act of 2003. 21 USC 801 note.

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

(3) 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.’’.

(c) 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).’’. (d) 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’’. (e) SENTENCING COMMISSION GUIDELINES.—The United States Sentencing Commission shall— (1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);

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