§ 960. Prohibited acts A

Footnotes

1. 1 So in original. The period probably should be a semicolon.
2. 2 So in original. The period probably should be a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Controlled Substances Import and Export Act

   Pub. L. 91–513 title III § 1010 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 960

   Pub. L. 91–513, title III, § 1010, Oct. 27, 1970, 84 Stat. 1290

   Source evidence

   Code source credit
   Pub. L. 91–513, title III, § 1010, Oct. 27, 1970, 84 Stat. 1290

   Enacted provision · exact public law section
   Sec. 1010. prohibited acts—penalties (a) Any person who— (1) contrary to section 1002, 1003, or 1007, knowingly or intionally imports or exports a controlled substance, (2) contrary to section 1005, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or (3) contrary to section 1009, manufactures or distributes a controlled substance, or shall be punished as provided in subsection (b). (b) (1) In the case of a violation under subsection (a) with respect Ante, p. 1248. to a narcotic drug in schedule I or II, the person committing such violation shall be imprisoned not more than fifteen years, or fined not more than $25,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment. (2) In the case of a violation under subsection (a) with respect to a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall be imprisoned not more than five years, or be fined not more than $15,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, in in addition to such term of imprisonment, include (A) a special parole term of not less than two years if such controlled substance is in schedule I, II, III, or (B) a special parole term of not less than one year if such controlled substance is in schedule IV. (c) A special parole term imposed under this section or section 1012 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. The special term provided for in this section and in section 1012 is in addition to, and not in lieu of, any other parole provided for by law.

2. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 § 225(a) · 98 Stat. 1837

   Changed · 21 U.S.C. § 960(b)

   Pub. L. 98–473, § 225(a), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was omitted in the general amendment of section 225 of Pub. L. 98–473 by Pub. L. 99–570, § 1005(c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–473, § 225(a), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was omitted in the general amendment of section 225 of Pub. L. 98–473 by Pub. L. 99–570, § 1005(c).

   Enacted provision · exact public law section
   (a) Section 1010 (21 U.S.C. 960) is amended— (1) in subsection (b)(1), by deleting the last sentence; (2) in subsection (b)(2), by deleting the last sentence; and (3) by repealing subsection (c).

3. 1984

   Pub. L. 98–473 § 504(1) · 98 Stat. 1837

   Redesignated · 21 U.S.C. § 960(b)(1)

   Pub. L. 98–473, § 504(1), added par. (1). Former par. (1) redesignated (2)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–473, § 504(1), added par. (1). Former par. (1) redesignated (2).

   Enacted provision · exact public law section
   Sec. 504. None of the funds appropriated or made available pursuant Contracts. 22 USC 2151 note. to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States.

4. 1984

   Pub. L. 98–473 § 504(1) · 98 Stat. 1837

   1. Redesignated · 21 U.S.C. § 960(b)(2)

      Pub. L. 98–473, § 504(1), (2), redesignated former par. (1) as (2)

   2. Inserted · 21 U.S.C. § 960(b)(2)

      Pub. L. 98–473, § 504(1), (2), inserted provisions excepting pars. (1) and (3)

   3. Redesignated · 21 U.S.C. § 960(b)(2)

      Pub. L. 98–473, § 504(1), (2), substituted reference to controlled substance for reference to narcotic drug, and “$125,000” for “$25,000”. Former par. (2) redesignated (3)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–473, § 504(1), (2), redesignated former par. (1) as (2), inserted provisions excepting pars. (1) and (3), and substituted reference to controlled substance for reference to narcotic drug, and “$125,000” for “$25,000”. Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   Sec. 504. None of the funds appropriated or made available pursuant Contracts. 22 USC 2151 note. to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States.

5. 1984

   Pub. L. 98–473 § 504(1) · 98 Stat. 1837

   1. Redesignated · 21 U.S.C. § 960(b)(3)

      Pub. L. 98–473, § 504(1), (3), redesignated former par. (2) as (3)

   2. Substituted · 21 U.S.C. § 960(b)(3)

      Pub. L. 98–473, § 504(1), (3), substituted “less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as provided in paragraph (4)” for “a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall”

   3. Substituted · 21 U.S.C. § 960(b)(3)

      Pub. L. 98–473, § 504(1), (3), substituted “$50,000” for “$15,000”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–473, § 504(1), (3), redesignated former par. (2) as (3) and substituted “less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as provided in paragraph (4)” for “a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall”, and “$50,000” for “$15,000”.

   Enacted provision · exact public law section
   Sec. 504. None of the funds appropriated or made available pursuant Contracts. 22 USC 2151 note. to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States.

6. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 § 225 · 98 Stat. 1837

   1. Amended · 21 U.S.C. § 960(c)

      Pub. L. 98–473, § 225, as amended by Pub. L. 99–570, § 1005(c)

   2. Struck · 21 U.S.C. § 960(c)

      Pub. L. 98–473, § 225, as struck out subsec. (c) which related to special parole terms imposed under this section or section 962 of this title. Notwithstanding directory language that the amendment be made to “Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960)”, the amendment was executed to this section as the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–473, § 225, as amended by Pub. L. 99–570, § 1005(c), struck out subsec. (c) which related to special parole terms imposed under this section or section 962 of this title. Notwithstanding directory language that the amendment be made to “Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960)”, the amendment was executed to this section as the probable intent of Congress.

   Enacted provision · exact public law section
   Sec. 225. The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended as follows: (a) Section 1010 (21 U.S.C. 960) is amended— (1) in subsection (b)(1), by deleting the last sentence; (2) in subsection (b)(2), by deleting the last sentence; and (3) by repealing subsection (c). (b) Section 1012(a) (21 U.S.C. 962(a)) is amended by deleting the last sentence

7. 1986

   Narcotics Penalties and Enforcement Act of 1986

   Pub. L. 99–570 § 1005(c) · 100 Stat. 3207

   Amended · 21 U.S.C. § 960

   Pub. L. 99–570, § 1005(c), amended Pub. L. 98–473, § 225. See 1984 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 99–570, § 1005(c), amended Pub. L. 98–473, § 225. See 1984 Amendment note below.

   Enacted provision · exact public law section
   (c) Section 225 of the Comprehensive Crime Control Act of 1984 is 21 USC 960, 962. amended to read as follows: “Sec. 225. Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by repealing subsection (c).”.

8. 1986

   Controlled Substances Import and Export Penalties Enhancement Act of 1986

   Pub. L. 99–570 § 1302(a)(2) · 100 Stat. 3207

   1. Added · 21 U.S.C. § 960(b)(1); 21 U.S.C. § 960(b)(2)

      Pub. L. 99–570, § 1302(a)(2), added pars. (1) and (2)

   2. Struck · 21 U.S.C. § 960(b)(1); 21 U.S.C. § 960(b)(2)

      Pub. L. 99–570, § 1302(a)(2), struck out former pars. (1) and (2) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 99–570, § 1302(a)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

   “(1) In the case of a violation under subsection (a) of this section involving— “(A) 100 grams or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of— “(i) coca leaves; “(ii) a compound, manufacture, salt, derivative, or preparation of coca leaves; or “(iii) a substance chemically identical thereto; “(B) a kilogram or more of any other narcotic drug in schedule I or II; “(C) 500 grams or more of phencyclidine (PCP); “(D) 5 grams or more of lysergic acid di­ethylamide (LSD); the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both. “(2) In the case of a violation under subsection (a) of this section with respect to a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1) and (3), be imprisoned not more than fifteen years, or fined not more than $125,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment.”

   Enacted provision · exact public law section
   (2) by striking out paragraphs (1) and (2) and inserting the following in lieu thereof: “(1) In the case of a violation of subsection (a) of this section involving— “(A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; “(B) 5 kilograms or more of a mixture or substance containing a detectable amount of— “(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; “(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); “(C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; “(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. “(2) In the case of a violation of subsection (a) of this section involving— “(A) 100 grams or more of a mixture or substance containing a detectable amount of heroin; “(B) 500 grams or more of a mixture or substance containing a detectable amount of— “(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; “(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); “(C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; “(D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of suspervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of suspervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. “(3) In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.”.

9. 1986

   Controlled Substances Import and Export Penalties Enhancement Act of 1986

   Pub. L. 99–570 § 1302(a)(2) · 100 Stat. 3207

   Redesignated · 21 U.S.C. § 960(b)(3)

   Pub. L. 99–570, § 1302(a)(2), added par. (3). Former par. (3) redesignated (4)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 99–570, § 1302(a)(2), added par. (3). Former par. (3) redesignated (4).

   Enacted provision · exact public law section
   (2) by striking out paragraphs (1) and (2) and inserting the following in lieu thereof: “(1) In the case of a violation of subsection (a) of this section involving— “(A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; “(B) 5 kilograms or more of a mixture or substance containing a detectable amount of— “(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; “(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); “(C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; “(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. “(2) In the case of a violation of subsection (a) of this section involving— “(A) 100 grams or more of a mixture or substance containing a detectable amount of heroin; “(B) 500 grams or more of a mixture or substance containing a detectable amount of— “(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; “(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); “(C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; “(D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of suspervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of suspervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. “(3) In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.”.

10. 1986

    Controlled Substances Import and Export Penalties Enhancement Act of 1986

    Pub. L. 99–570 § 1302(a)(1) · 100 Stat. 3207

    1. Redesignated · 21 U.S.C. § 960(b)(4)

       Pub. L. 99–570, § 1302(a)(1), (3), (b)(2), (3), redesignated former par. (3) as (4)

    2. Inserted · 21 U.S.C. § 960(b)(4)

       Pub. L. 99–570, § 1302(a)(1), (3), (b)(2), (3), inserted “except in the case of 100 or more marihuana plants regardless of weight,”

    3. Substituted · 21 U.S.C. § 960(b)(4)

       Pub. L. 99–570, § 1302(a)(1), (3), (b)(2), (3), substituted “fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual” for “fined not more than $50,000”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 99–570, § 1302(a)(1), (3), (b)(2), (3), redesignated former par. (3) as (4), inserted “except in the case of 100 or more marihuana plants regardless of weight,” and substituted “fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual” for “fined not more than $50,000”.

    Enacted provision · exact public law section
    (1) by redesignating paragraph (3) as paragraph (4); and

11. 1986

    Anti-Drug Abuse Act of 1986

    Pub. L. 99–570 title I · 100 Stat. 3207

    Struck · 21 U.S.C. § 960(b)(4)

    Pub. L. 99–570, §§ 1302(b)(1), 1866(e), made identical amendment striking out “, except as provided in paragraph (4)” after “such violation shall”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–570, §§ 1302(b)(1), 1866(e), made identical amendment striking out “, except as provided in paragraph (4)” after “such violation shall”.

    Enacted provision · exact public law
    TITLE I— ANTI-DRUG ENFORCEMENT Subtitle A— Narcotics Penalties and Enforcement Act of 1986 SEC. 1001. SHORT TITLE. This subtitle may be cited as the “Narcotics Penalties and Enforcement Act of 1986”. SEC. 1002. CONTROLLED SUBSTANCES ACT PENALTIES. Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended— (1) by redesignating subparagraph (O as subparagraph (D); and (2) by striking out subparagraphs (A) and (B) and inserting the following in lieu thereof: “(1) (A) In the case of a violation of subsection (a) of this section involving— “(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; “(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of— “(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(II) cocaine, its salts, optical and geometric isomers, and salts of isomers; “(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(IV) any compound, mixture, or preparation which contains any quantity of any of the substance referred to in subclauses (I) through (III);”; “(iii) 50 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; “(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(vii) 1000 kilograms or more of a mixture or substance mtaining a detectable amount of marihuana; such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein. “(B) In the case of a violation of subsection (a) of this section involving— “(i) 100 grams or more of a mixture or substance containing a detectable amount of heroin; “(ii) 500 grams or more of a mixture or substance containing a detectable amount of— “(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(II) cocaine, its salts, optical and geometric isomers, and salts of isomers; “(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(IV) any compound, mixture, or preparation which contains any quantity of any of the substance referred to in subclauses (I) through (III);”; “(iii) 5 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; “(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(v) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(vi) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III 21 USC 951. or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein. “(C) In the case of a controlled substance in schedule I or II except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.”. SEC. 1003. OTHER AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Section 401 of the Controlled Substances Act (21 U.S.C. 841) is further amended as follows: (1) In subsection (b), paragraph (1)(D), as redesignated, is amended by— (A) striking out “a fine of not more than $50,000” and inserting in lieu thereof “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual”; (B) striking out “a fine of not more than $100,000” and inserting in lieu thereof “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual”; and (C) inserting “except in the case of 100 or more marihuana plants regardless of weight,” after “marihuana,” the first place it appears. (2) In subsection (b), paragraph (2) is amended by striking out “a fine of not more than $25,000” and inserting in lieu thereof “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual”, and by striking out “a fine of not more than $50,000” and inserting in lieu thereof “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual”. (3) In subsection (b), paragraph (3) is amended by striking out “a fine of not more than $10,000” and inserting in lieu thereof “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual”, and by striking out “a fine of not more than $20,000” and inserting in lieu thereof “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual”. (4) In subsection (b), paragraph (4) is amended by striking out “1(C)” and inserting “1(D)” in lieu thereof. (5) In subsection (b), paragraph (5) is amended to read as follows: “(5) Any person who violates subsection (a) of this section by cultivating a controlled substance on Federal property shall be imprisoned as provided in this subsection and shall be fined any amount not to exceed— “(A) the amount authorized in accordance with this section; “(B) the amount authorized in accordance with the provisions of title 18, United States Code; “(C) $500,000 if the defendant is an individual; or “(D) $1,000,000 if the defendant is other than an individual; or both.”. (6) Subsection (d) is amended by striking out “a fine of not more than $15,000” and inserting in lieu thereof “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual”. (b) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended— (1) by inserting the following new paragraph after paragraph (24): “(25) The term ‘serious bodily injury’ means bodily injury which involves— “(A) a substantial risk of death; “(B) protracted and obvious disfigurement; or “(C) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”; and (2) by renumbering the following paragraphs accordingly. SEC. 1004. ELIMINATION OF SPECIAL PAROLE TERMS. (a) The Controlled Substances Act and the Controlled Substances 21 USC 801 note. Import and Export Act are amended by striking out “special parole 21 USC 951 note. term” each place it appears and inserting “term of supervised release” in lieu thereof. (b) The amendments made by this section shall take effect on the 21 USC 841 note. date of the taking effect of section 3583 of title 18, United States Code. SEC. 1005. AMENDMENT TO THE COMPREHENSIVE CRIME CONTROL ACT OF 1984. (a) Subsection (a) of section 224 of the Comprehensive Crime Control Act of 1984 is amended— 21 USC 841. (1) by inserting “and” after the semicolon in paragraph (4); and (2) by striking out paragraphs (1), (2), (3), and (5) and redesignating the other paragraphs accordingly. (b) Section 224 of the Comprehensive Crime Control Act of 1984 is amended— (1) by striking out subsection (b); and 21 USC 845, 848. (2) by redesignating subsection (c) as subsection (b). (c) Section 225 of the Comprehensive Crime Control Act of 1984 is 21 USC 960, 962. amended to read as follows: “Sec. 225. Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by repealing subsection (c).”. SEC. 1006. MISCELLANEOUS TECHNICAL AMENDMENTS. (a) (1) Subsection (a) of section 3583 of title 18, United States Code, is amended by inserting “, except that the court shall include as a part of the sentence a requirement that the defendant be placed on a term of supervised release if such a term is required by statute” after “imprisonment” the second place it appears. (2) Subsection (b) of section 3583 of title 18, United States Code, is amended by striking out “The” and inserting in lieu thereof “Except as otherwise provided, the”. (3) Subsection (e) of section 3583 of title 18, United States Code, is amended— (A) so that the catchline reads as follows: “Modification of conditions or revocation.”; (B) in paragraph (2) by striking out “or” after the semicolon; (C) in paragraph (3) by striking out “title.” and inserting “title; or” in lieu thereof; and (D) by inserting the following new paragraph after paragraph (3): “(4) revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release without credit for time previously served on postrelease supervision, if it finds by a preponderance of the evidence that the person violated a condition of supervised release, pursuant to the provisions of the Federal Rules of 18 USC app. Criminal Procedure that are applicable to probation revocation and to the provisions of applicable policy statements issued by the Sentencing Commission.”. (4) 18 USC 3583 note. The amendments made by this subsection shall take effect on the date of the taking effect of section 3583 of title 18, United States Code. (b) Paragraph (3) of section 994(a) of title 28, United States Code, is amended by inserting “and revocation of supervised release” after “supervised release”. (c) Section 511 of title II of the Comprehensive Drug Abuse Prevention Act of 1978 (21 U.S.C. 881) is amended— (1) in subsection (f) by inserting “or II” after “I” each place it appears; (2) by redesignating subsection (f) as subsection (f)(1); and (3) by inserting the following new paragraph after subsection (f)(1) as so redesignated: “(2) The Attorney General may direct the destruction of all controlled substances in schedule I or II seized for violation of this title under such circumstances as the Attorney General may deem necessary.”. SEC. 1007. AMENDMENT TO TITLE 18 OF THE UNITED STATES CODE. (a) Section 3553 of title 18, United States Code, is amended by adding the following at the end thereof: “(e) Limited Authority To Impose a Sentence Below a Statutory Minimum.— Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as minimum sentence so as to reflect a defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.”. (b) Effective date.18 USC 3553 note. The amendment made by this section shall take effect on the date of the taking effect of section 3553 of title 18, United States Code. SEC. 1008. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE. Section 994 of title 28 of the United States Code is amended by— (1) inserting the following after subsection (m): “(n) The Commission shall assure that the guidelines reflect the general appropriateness of imposing a lower sentence than would otherwise be imposed, including a sentence that is lower than that established by statute as minimum sentence, to take into account a defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense.”; and (2) redesignating subsections (n), (o), (p), (q), (r), (s), (t), (u), (v), and (w) as subsections (o), (p), (q), (r), (s), (t), (u), (v), (w), and (x), respectively. SEC. 1009. AMENDMENT TO THE FEDERAL RULES OF CRIMINAL PROCEDURE. (a) Rule 35(b) of the Federal Rules of Criminal Procedure is 18 USC app. amended by striking out “to the extent” and all that follows through the end and inserting in lieu thereof the following: “in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code. The court’s authority to lower a sentence under this subdivision includes the authority to lower such sentence to a level below that established by statute as a minimum sentence. (b) The amendment made by this section shall take effect on the Effective date. 18 USC app. date of the taking effect of rule 35(b) of the Federal Rules of Criminal Procedure, as amended by section 215(b) of the Comprehensive Crime Control Act of 1984. Subtitle B— Drug Possession Penalty Act of 1986 SEC. 1051. SHORT TITLE. This subtitle may be cited as the “Drug Possession Penalty Act of 1986”. SEC. 1052. PENALTY FOR SIMPLE POSSESSION. Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended to read as follows: “Sec. 404. “penalty for simple possession (a) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this title or title III. 21 USC 951. Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000 but not more than $5,000, or both, except that if he commits such offense after a prior conviction under this title or title III, or a prior conviction for any drug or narcotic offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 but not more than $10,000, except, further, that if he commits such offense after two or more prior convictions under this title or title III, or two or more prior convictions for any drug or narcotic offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000 but not more than $25,000. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, United States Code, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of title 18 that the defendant lacks the ability to pay. (b) (1) If any person who has not previously been convicted of violating subsection (a) of this section, any other provision of this subchapter or subchapter II of this chapter, or any other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, is found guilty of a violation of subsection (a) of this section after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him from probation before the expiration of the maximum period prescribed for such person’s probation. If during the period of his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be retained by the Department of Justice solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime (including the penalties prescribed under this part for second or subsequent convictions) or for any other purpose. Discharge and dismissal under this section may occur only once with respect to any person. “(2) Upon the discharge of such person and dismissal of the proceedings against him under paragraph (1) of this subsection, such person, if he was not over twenty-one years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained by the Department of Justice under paragraph (1)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over twenty-one years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose. “(c) As used in this section, the term ‘drug or narcotic offense’ means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this title.”. Subtitle C— Juvenile Drug Trafficking Act of 1986 SEC. 1101. SHORT TITLE. This subtitle may be cited as the “Juvenile Drug Trafficking Act of 1986”. SEC. 1102. OFFENSE. Part D of the Controlled Substances Act is amended by adding Post, p. 3207–11. after section 405A a new section as follows: “Sec. 405B. “employment or use of persons under 18 years of age in drug operations (a) It shall be unlawful for any person at least 21 USC 845b. eighteen years of age to knowingly and intentionally— “(1) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to violate any provision of this title or title III; or 21 USC 951. “(2) employ, hire, use, persuade, induce, entice, or coerce, a person under eighteen years of age to assist in avoiding detection or apprehension for any offense of this title or title III by any Federal, State, or local law enforcement official. “(b) Any person who violates subsection (a) is punishable by a Penalties. term of imprisonment up to twice that otherwise authorized, or up to twice the fine otherwise authorized, or both, and at least twice any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. “(c) Any person who violates subsection (a) after a prior conviction or convictions under subsection (a) of this section have become final, is punishable by a term of imprisonment up to three times that otherwise authorized, or up to three times the fine otherwise authorized, or both, and at least three times any term of supervised release otherwise authorized for a first offense. Except to the extent a greater minimum sentence is otherwise provided, a term of imprisonment under this subsection shall not be less than one year. “(d) Any person who violates section 405B(a) (1) or (2) “(1) by knowingly providing or distributing a controlled substance or a controlled substance analogue to any person under eighteen years of age; or “(2) if the person employed, hired, or used is fourteen years of age or younger, shall be subject to a term of imprisonment for not more than five years or a fine of not more than $50,000, or both, in addition to any other punishment authorized by this section. “(e) In any case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended and probation shall not be granted. An individual convicted under this section of an offense for which a mandatory minimum term of imprisonment is applicable shall not be eligible for parole under section 4202 of title 18, United States Code, until the individual has served the mandatory term of imprisonment required by section 401(b) as enhanced by this section. “(f) Except as authorized by this title, it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of any provision of this title. Any person who violates this subsection shall be subject to the provisions of subsections (b), (c), and (e).”. SEC. 1103. TECHNICAL AMENDMENTS. (a) Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by striking out “or 405A” and inserting in lieu Infra; ante, p. 3207–10. thereof “, 405A, or 405B”. (b) Section 401(c) of the Controlled Substances Act (21 U.S.C. 841(c)) is amended by striking out “405A” each place it appears and inserting in lieu thereof “, 405A, or 405B”. SEC. 1104. MANUFACTURING A CONTROLLED SUBSTANCE WITHIN 1.000 FEET OF A COLLEGE. (a) Section 405A of the Controlled Substances Act (21 U.S.C. 845a) is amended by inserting “or manufacturing” after “distributing” wherever it appears and by striking out “a public or private elementary or secondary school” wherever it appears and inserting in lieu thereof “a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university”. (b) Section 405A(a) of the Controlled Substances Act (21 U.S.C. 845a(a)) is amended by striking out “involving the same controlled substance and schedule”. (c) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b)) is amended by striking out “(1) by” and all that follows through the end and inserting the following in lieu thereof: “(1) by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) a term of imprisonment of up to three times that authorized by section 401(b) of this title for a first offense, or a fine up to three times that authorized by Supra. section 401(b) of this title for a first offense, or both, and (2) at least three times any term of supervised release authorized by section 401(b) of this title for a first offense.”. SEC. 1105. IMPRISONMENTS. (a) Section 405(a) of the Controlled Substances Act (21 U.S.C. 845(a)) is amended by adding the following at the end thereof: “Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year.”. (b) Section 405(b) of the Controlled Substances Act (21 U.S.C. 845(b)) is amended by adding the following at the end thereof: “Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”. (c) Section 405A(a) of the Controlled Substances Act (21 U.S.C. 845a(a)) is amended by adding the following at the end thereof: “Except to the extent a greater minimum sentence is otherwise provided by section 401(b), a term of imprisonment under this subsection shall be not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana.”. Subtitle D— Assets Forfeiture Amendments Act of 1986 SEC. 1151. SHORT TITLE. This subtitle may be cited as the “Department of Justice Assets Forfeiture Fund Amendments Act of 1986”. SEC. 1152. ASSET FORFEITURE FUNDS. (a) (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended— (2) by inserting at the end of subparagraph (A) of paragraph (1) the following: “such payments may also include those, made Contracts. pursuant to regulations promulgated by the Attorney General, that are necessary and direct program-related expenses for the purchase or lease of automatic data processing equipment (not less than 90 percent of which use will be program related), training, printing, contracting for services directly related to the processing of and accounting for forfeitures, and the storage, protection, and destruction of controlled substances;”; (3) by inserting after subparagraph (A) of paragraph (1) the following new subparagraph and renumbering the subsequent subparagraphs appropriately; “(B) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States;”; (4) by amending newly designated subparagraph (F) of paragraph (1) to read as follows: “(F) for equipping for drug law enforcement functions Transportation. any government-owned or leased vessels, vehicles, and aircraft available for official use by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Immigration and Naturalization Service, or the United States Marshals Service; and”; (5) by striking out in paragraph (4) “remaining after payment of expenses for forfeiture and sale authorized by law” and inserting in lieu thereof “, except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d)) of the Endangered Species Act (16 U.S.C 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))”; and (6) by striking out paragraph (8) and renumbering paragraph (9) as paragraph (8). (b) Customs Forfeiture Fund.— (1) Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613a) as added by Public Law 98–473, is amended— 98 Stat. 1837. (B) by amending paragraph (3) of subsection (a) to read as follows: “(3) for equipping for law enforcement functions any government-owned Transportation. or leased vessels, vehicles, and aircraft available for official use by the United States Customs Service; and”; and (C) by striking out subsection (h). (2) Section 613a of the Tariff Act of 1930 (19 U.S.C. 1613b) as added by Public Law 98–573, is repealed. SEC. 1153. SUBSTITUTE ASSETS. (a) Section 1963 of title 18 is amended by adding at the end thereof a new subsection, as follows: “(n) If any of the property described in subsection (a), as a result of any act of omission of the defendant— “(1) cannot be located upon the exercise of due diligence; “(2) has been transferred or sold to, or deposited with, a third party; “(3) has been placed beyond the jurisdiction of the court; “(4) has been substantially diminished in value; or “(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).”. (b) 21 USC 853. Section 413 of title II of the Comprehensive Drug Abuse Prevention and Control Act of 1975 is amended— (1) by redesignating subsection “(p)” as subsection “(q)”; and (2) by adding a new subsection (p) as follows: “(p) If any of the property described in subsection (a), as a result of any act or omission of the defendant— “(1) cannot be located upon the exercise of due diligence; “(2) has been transferred or sold to, or deposited with, a third “(3) has been placed beyond the jurisdiction of the court; “(4) has been substantially diminished in value; or “(5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).”. Subtitle E— Controlled Substance Analogue Enforcement Act of 1986 SEC. 1201. SHORT TITLE. This subtitle may be cited as the “Controlled Substance Analogue Enforcement Act of 1986”. SEC. 1202. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES. Part B of the Controlled Substances Act is amended by adding at the end the following new section: “Sec. 203. “treatment of controlled substance analogues A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of this title and title III as a controlled substance in schedule I.”. SEC. 1203. DEFINITION. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end thereof the following: “(32) (A) Except as provided in subparagraph (B), the term ‘controlled substance analogue’ means a substance— “(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; “(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulent, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or “(iii) with respect to a particular person, which such person represents or intends to have a stimulent, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II. “(B) Such term does not include— “(i) a controlled substance; “(ii) any substance for which there is an approved new drug application; “(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption; or “(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.”. SEC. 1204. CLERICAL AMENDMENT. The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 202 the following new item: “Sec. 203. Treatment of controlled substance analogues.”. Subtitle F— Continuing Drug Enterprise Act of 1986 SEC. 1251. SHORT TITLE. This subtitle may be cited as the “Continuing Drug Enterprises Act of 1986”. SEC. 1252. INCREASED PENALTIES. Section 408(a) of the Controlled Substances Act (21 U.S.C. 848(a)) is amended— (1) by striking out “to a fine of not more than $100,000,” and inserting in lieu thereof “to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual,”; and (2) by striking out “to a fine of not more than $200,000,” and inserting in lieu thereof “to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual,”. SEC. 1253. CONTINUING CRIMINAL ENTERPRISE ENHANCED PENALTIES. Section 408 of the Controlled Substances Act (21 U.S.C. 848) is further amended— (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (2) by inserting the following new subsection after subsection (a); “(b) Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— “(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and “(2) (A) the violation referred to in subsection (d)(1) involved at least 300 times the quantity of a substance described in subsection 21 USC 841. 401(b)(1)(B) of this Act, or “(B) the enterprise, or any other enterprise in which the defendant was the principal or one of severed principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 401(b)(1)(B) of this Act.” Subtitle G— Controlled Substances Import and Export Act Penalties Enhancement Act of 1986 SEC. 1301. SHORT TITLE. This subtitle may be cited as the “Controlled Substances Import and Export Penalties Enhancement Act of 1986.”. SEC. 1302. ENHANCED PENALTIES. (a) Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by striking out paragraphs (1) and (2) and inserting the following in lieu thereof: “(1) In the case of a violation of subsection (a) of this section involving— “(A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; “(B) 5 kilograms or more of a mixture or substance containing a detectable amount of— “(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; “(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); “(C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; “(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. “(2) In the case of a violation of subsection (a) of this section involving— “(A) 100 grams or more of a mixture or substance containing a detectable amount of heroin; “(B) 500 grams or more of a mixture or substance containing a detectable amount of— “(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; “(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; “(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or “(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); “(C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; “(D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); “(E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); “(F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; or “(G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of suspervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of suspervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. “(3) In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this title or title II or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.”. (b) Section 1010(b)(4) of the Controlled Substances Import and Ante, p. 3207–15. Export Act (21 U.S.C. 960(b)(4)), as redesignated, is amended— (1) by striking out “, except as provided in paragraph (4)”; (2) by striking out “fined not more than $50,000” and inserting in lieu thereof “fined not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual”; and (3) by inserting “except in the case of 100 or more marihuana plants regardless of weight,” after “marihuana,”. Subtitle H— Money Laundering Control Act of 1986 SEC. 1351. SHORT TITLE. This subtitle may be cited as the “Money Laundering Control Act of 1986”. SEC. 1352. NEW OFFENSE FOR LAUNDERING OF MONETARY INSTRUMENTS. (a) Chapter 95 of title 18, United States Code, is amended by adding at the end thereof the following: “§ 1956. Laundering of monetary instruments “(a) (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— “(A) with the intent to promote the carrying on of specified unlawful activity; or “(B) knowing that the transaction is designed in whole or in part— “(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or “(ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. “(2) Whoever transports or attempts to transport a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States— “(A) with the intent to promote the carrying on of specified unlawful activity; or “(B) knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part— “(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or “(ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of $500,000 or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or imprisonment for not more than twenty years, or both. “(b) Whoever conducts or attempts to conduct a transaction described in subsection (a)(1), or a transportation described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of— “(1) the value of the property, funds, or monetary instruments involved in the transaction; or “(2) $10,000. “(c) As used in this section— “(1) the term ‘knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity’ means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State or Federal law, regardless of whether or not such activity is specified in paragraph (7); “(2) the term ‘conducts’ includes initiating, concluding, or participating in initiating, or concluding a transaction; “(3) the term ‘transaction’ includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected; “(4) the term ‘financial transaction’ means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects interstate or foreign commerce, or a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree; “(5) the term ‘monetary instruments’ means coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery; “(6) the term ‘financial institution’ has the definition given that term in section 5312(a)(2) of title 31, United States Code, and the regulations promulgated thereunder; “(7) the term ‘specified unlawful activity’ means— “(A) any act or activity constituting an offense listed in section 1961(1) of this title except an act which is indictable 18 USC 1961. under the Currency and Foreign Transactions Reporting Act; 84 Stat. 1118. 31 USC 5311 note. “(B) with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act); 21 USC 801 note. “(C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848); or “(D) an offense under section 152 (relating to concealment 18 USC 152. of assets; false oaths and claims; bribery), section 215 (relating to commissions or gifts for procuring loans), any of sections 500 through 503 (relating to certain counterfeiting offenses), section 511 (relating to securities of States and private entities), section 543 (relating to smuggling goods into the United States), section 641 (relating to public money, property, or records), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), section 666 (relating to theft or bribery concerning programs receiving Federal funds), section 793, 794, or 798 (relating to espionage), section 875 (relating to interstate communications), section 1201 (relating to kidnaping), section 1203 (relating to hostage taking), section 1344 (relating to bank fraud), or section 2113 or 2114 (relating to bank and postal robbery and theft) of this title, section 38 of the Arms Export Control Act (22 U.S.C. 2778), section 2 (relating to criminal penalties) of the Export Administration Act of 1979 (50 U.S.C. App. 2401), section 203 (relating to criminal sanctions) of the International Emergency Economic Powers Act (50 U.S.C. 1702), or section 3 (relating to criminal violations) of the Trading with the Enemy Act (50 U.S.C. App. 3). “(d) Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section. “(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate. Such authority of the Secretary of the Treasury shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. “(f) There is extraterritorial jurisdiction over the conduct prohibited by this section if— “(1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and “(2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000. “§ 1957. Engaging in monetary transactions in property derived from specified unlawful activity “(a) Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b). “(b) (1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years, or both. “(2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction. “(c) In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity. “(d) The circumstances referred to in subsection (a) are— “(1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or “(2) that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is 18 USC 3077. a United States person (as defined in section 3077 of this title, but excluding the class described in paragraph (2)(D) of such section). “(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate. Such authority of the Secretary of the Treasury shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General. “(f) As used in this section— “(1) the term ‘monetary transaction’ means the deposit, withdrawal, transfer, or exchange, in or affecting interstate or foreign commerce, of funds or a monetary instrument (as defined 31 USC 5311 et seq. for the purposes of subchapter II of chapter 53 of title 31) by, through, or to a financial institution (as defined in section 5312 of title 31); “(2) the term ‘criminally derived property’ means any property constituting, or derived from, proceeds obtained from a criminal offense; and “(3) the term ‘specified unlawful activity’ has the meaning 18 USC 1956. given that term in section 1956 of this title.. (b) The table of sections at the beginning of chapter 95 of title 18 is amended by adding at the end the following new items: “1956. Laundering of monetary instruments. “1957. Engaging in monetary transactions in property derived from specified unlawful activity.”. SEC. 1353. AMENDMENTS TO THE RIGHT TO FINANCIAL PRIVACY ACT. (a) Clarification of Right of Financial Institutions To Report Suspected Violations.— Section 1103(c) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3403(c)) is amended by adding at the end thereof the following new sentences: “Such information may include only the name or other identifying information concerning any individual or account involved in and the nature of any suspected illegal activity. Such information may be disclosed notwithstanding any constitution, law, or regulation of any State or political subdivision thereof to the contrary. Any financial institution, or officer, employee, or agent thereof, making a disclosure of information pursuant to this subsection, shall not be liable to the customer under any law or regulation of the United States or any constitution, law, or regulation of any State or political subdivision thereof, for such disclosure or for any failure to notify the customer of such disclosure.”. (b) Section 1113(i) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(i)) is amended by inserting immediately before the period at the end thereof a comma and the following: “except that a court shall have authority to order a financial institution, on which a grand jury subpoena for customer records has been served, not to notify the customer of the existence of the subpoena or information that has been furnished to the grand jury, under the circumstances and for the period specified and pursuant to the procedures established in section 1109 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3409)”. SEC. 1354. STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS PROHIBITED. (a) In General.— Subchapter II of chapter 53 of title 31, United States Code (relating to records and reports on monetary instruments transactions) is amended by adding at the end thereof the following new section: “§ 5324. Structuring transactions to evade reporting requirement prohibited “No person shall for the purpose of evading the reporting requirements of section 5313(a) with respect to such transaction— 31 USC 5313. “(1) cause or attempt to cause a domestic financial institution to fail to file a report required under section 5313(a); “(2) cause or attempt to cause a domestic financial institution to file a report required under section 5313(a) that contains a material omission or misstatement of fact; or “(3) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions.”. (b) Clerical Amendment.— The table of sections for chapter 53 of title 31, United States Code, is amended by adding at the end thereof the following new item: “5324. Structuring transactions to evade reporting requirement prohibited.”. SEC. 1355. SEIZURE AND CIVIL FORFEITURE OF MONETARY INSTRUMENTS AND RELATED PROVISIONS. (a) Customs Authority to Conduct Searches at Border.— Section 5317(b) of title 31, United States Code, is amended to read as follows: “(b) Searches at Border.— For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop 31 USC 5316. and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States.”. (b) Failure to Report Export or Import of Monetary Instrument.— The first sentence of section 5317(c) of title 31, United States Code (relating to seizure and forfeiture of monetary instruments in foreign commerce) is amended to read as follows: “If a 31 USC 5316. report required under section 5316 with respect to any monetary instrument is not filed (or if filed, contains a material omission or misstatement of fact), the instrument and any interest in property, including a deposit in a financial institution, traceable to such instrument may be seized and forfeited to the United States Government.”. SEC. 1356. COMPLIANCE AUTHORITY FOR SECRETARY OF THE TREASURY AND RELATED MATTERS. (a) Summons Power.— Section 5318 of title 31, United States Code, is amended— (1) by inserting “(a) General Powers of Secretary.—” before “The Secretary of the Treasury”; (2) in paragraph (1), by inserting “except as provided in subsection (b)(2),” before “delegate”; (3) by striking out “and” at the end of paragraph (2); (4) by | inserting | after | paragraph (2) the following new paragraphs: “(3) examine any books, papers, records, or other data of domestic financial institutions relevant to the recordkeeping or reporting requirements of this subchapter; “(4) summon a financial institution, an officer or employee of a financial institution (including a former officer or employee), or any person having possession, custody, or care of the reports and records required under this subchapter, to appear before the Secretary of the Treasury or his delegate at a time and place named in the summons and to produce such books, papers, records, or other data, and to give testimony, under oath, as may be relevant or material to an investigation described in subsection (b); and”; (5) by redesignating paragraph (3) as paragraph (5); and (6) by adding at the end the following new subsections: “(b) Limitations on Summons Power.— “(1) Scope of power.— The Secretary of the Treasury may take any action described in paragraph (3) or (4) of subsection (a) only in connection with investigations for the purpose of civil enforcement of violations of this subchapter, section 21 of the 12 USC 1829b. 12 USC 1730d. Federal Deposit Insurance Act, section 411 of the National Housing Act, or chapter 2 of Public Law 91–508 (12 U.S.C. 1951 et seq.) or any regulation under any such provision. “(2) Authority to issue.— A summons may be issued under subsection (a)(4) only by, or with the approval of, the Secretary of the Treasury or a supervisory level delegate of the Secretary of the Treasury. “(c) Administrative Aspects of Summons.— “(1) Production at designated site.— A summons issued pursuant to this section may require that books, papers, records, or other data stored or maintained at any place be produced at any designated location in any State or in any territory or other place subject to the jurisdiction of the United States not more than 500 miles distant from any place where the financial institution operates or conducts business in the United States. “(2) Fees and travel expenses.— Persons summoned under this section shall be paid the same fees and mileage for travel in the United States that are paid witnesses in the courts of the United States. “(3) No liability for expenses.— The United States shall not be liable for any expense, other than an expense described in paragraph (2), incurred in connection with the production of books, papers, records, or other data under this section. “(d) Service of Summons.— Service of a summons issued under this section may be by registered mail or in such other manner calculated to give actual notice as the Secretary may prescribe by regulation. “(e) Contumacy or Refusal.— “(1) Referral to attorney general.— In case of contumacy by a person issued a summons under paragraph (3) or (4) of subsection (a) or a refusal by such person to obey such summons, the Secretary of the Treasury shall refer the matter to the Attorney General. “(2) Jurisdiction of court.— The Attorney General may invoke the aid of any court of the United States within the jurisdiction of which— “(A) the investigation which gave rise to the summons is being or has been carried on; “(B) the person summoned is an inhabitant; or “(C) the person summoned carries on business or may be found, to compel compliance with the summons. “(3) Court order.— The court may issue an order requiring the person summoned to appear before the Secretary or his delegate to produce books, papers, records, and other data, to give testimony as may be necessary to explain how such material was compiled and maintained, and to pay the costs of the proceeding. “(4) Failure to comply with order.— Any failure to obey the order of the court may be punished by the court as a contempt thereof. “(5) Service of process.— All process in any case under this subsection may be served in any judicial district in which such person may be found.”. (b) Amendment Relating to Exemptions Granted for Monetary Transaction Reporting Requirements.— Section 5318 of title 31, United States Code, is amended by adding after subsection (e) (as added by subsection (a) of this section) the following new subsection: “(f) Written and Signed Statement Required.— No person shall qualify for an exemption under subsection (a)(5) unless the relevant financial institution prepares and maintains a statement which— “(1) describes in detail the reasons why such person is qualified for such exemption; and “(2) contains the signature of such person.”. (c) Conforming Amendments.— (1) Sections 5321 and 5322 of title 31, United States Code, are each amended by striking out “5318(2)” each place such term appears and inserting in lieu thereof “5318(a)(2)”. Ante, p. 3207–23 (2) The heading of section 5318 of title 31, United States Code, is amended to read as follows: “§ 5318. Compliance, exemptions, and summons authority”. (d) Clerical Amendment.— The table of sections for chapter 53 of title 31, United States Code, is amended by striking out the item relating to section 5318 and inserting in lieu thereof the following: “5318. Compliance, exemptions, and summons authority.”. SEC. 1357. PENALTY PROVISIONS. (a) Civil Money Penalty for Structured Transaction Violation.— Section 5321(a) of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: “(4) Structured Transaction Violation.— “(A) Penalty authorized.— The Secretary of the Treasury may impose a civil money penalty on any person who willfully 31 USC 5324. violates any provision of section 5324. “(B) Maximum amount limitation.— The amount of any civil money penalty imposed under subparagraph (A) shall not exceed the amount of the coins and currency (or such other monetary instruments as the Secretary may prescribe) involved in the transaction with respect to which such penalty is imposed. “(C) Coordination with forfeiture provision.— The amount of any civil money penalty imposed by the Secretary under subparagraph (A) shall be reduced by the amount of any forfeiture to the United States under section 5317(d) in connection with the transaction with respect to which such penalty is imposed.”. (b) Increase in Amount of Penalty For Financial Institutions.— Section 5321(a)(1) of title 31, United States Code, is amended— (1) by striking out “$10,000” and inserting in lieu thereof “the greater of the amount (not to exceed $100,000) involved in the transaction or $25,000”; and (2) by striking out “section 5315” each place such term appears and inserting in lieu thereof “sections 5314 and 5315”. (c) Separate Civil Money Penalty for Violation of Section 5314.— Section 5321(a) of title 31, United States Code, is amended by inserting after paragraph (4) (as added by subsection (a) of this section) the following new paragraph: “(5) Foreign Financial Agency Transaction Violation.— “(A) Penalty authorized.— The Secretary of the Treasury may impose a civil money penalty on any person who willfully violates any provision of section 5314. “(B) Maximum amount limitation.— The amount of any civil money penalty imposed under subparagraph (A) shall not exceed— “(i) in the case of violation of such section involving a transaction, the greater of— “(I) the amount (not to exceed $100,000) of the transaction; or “(II) $25,000; and (ii) in the case of violation of such section involving a failure to report the existence of an account or any identifying information required to be provided with respect to such account, the greater of— “(I) an amount (not to exceed $100,000) equal to the balance in the account at the time of the violation; or “(II) $25,000.”. (d) Separate Civil Money Penalty for Negligent Violation of Subchapter.— Section 5321(a) of title 31, United States Code, is amended by inserting after paragraph (5) (as added by subsection (d) of this section) the following new paragraph: “(6) Negligence.— The Secretary of the Treasury may impose a civil money penalty of not more than $500 on any financial institution which negligently violates any provision of this subchapter or any regulation prescribed under this subchapter.”. (e) Extension of Time Limitations for Assessment of Civil Penalty.— Section 5321(b) of title 31, United States Code, is amended to read as follows: “(b) Time Limitations for Assessments and Commencement of Civil Actions.— “(1) Assessments.— The Secretary of the Treasury may assess a civil penalty under subsection (a) at any time before the end of the 6-year period beginning on the date of the transaction with respect to which the penalty is assessed. “(2) Civil actions.— The Secretary may commence a civil action to recover a civil penalty assessed under subsection (a) at any time before the end of the 2-year period beginning on the later of— “(A) the date the penalty was assessed; or “(B) the date any judgment becomes final in any criminal action under section 5322 in connection with the same transaction with respect to which the penalty is assessed.”. (f) Clarification of Relationship Between Civil Penalty and Criminal Penalty.— Section 5321 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: “(d) Criminal Penalty Not Exclusive of Civil Penalty.— A civil money penalty may be imposed under subsection (a) with respect to any violation of this subchapter notwithstanding the fact that a criminal penalty is imposed with respect to the same violation.”. (g) Amendments to Criminal Penalty for Certain Offenses.— Section 5322(b) of title 31, United States Code, is amended— (1) by striking out “illegal activity involving transactions of” and inserting in lieu thereof “any illegal activity involving”; and (2) by striking out “5 years” and inserting in lieu thereof “10 years”. (h) Conforming Amendment.— Section 5321(c) of title 31, United States Code, is amended by striking out “section 5317(b)” and inserting in lieu thereof “subsection (c) or (d) of section 5317”. 31 USC 5316. SEC. 1358. MONETARY TRANSACTION REPORTING AMENDMENTS. (a) Closely related events.— Section 5316 of title 31, United States Code, is amended by adding at the end the following new subsection: “(d) Cumulation of Closely Related Events.— The Secretary of the Treasury may prescribe regulations under this section defining the term ‘at one time’ for purposes of subsection (a). Such regulations may permit the cumulation of closely related events in order that such events may collectively be considered to occur at one time for the purposes of subsection (a).”. (b) Inchoate offense—Section 5316(a)(1) of title 31, United States Code, is amended— (1) by striking out “or attempts to transport or have transported,”, and (2) by inserting “, is about to transport,” after “transports”. (c) Technical and Conforming Amendment.— Section 5316(a)(2) of title 31, United States Code, is amended by striking out “$5,000” and inserting in lieu thereof “$10,000”. SEC. 1359. RANKING REGULATORY AGENCY SUPERVISION OF RECORD-KEEPING SYSTEMS. (a) Insured Banks.— (1) In general.— Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is amended by adding at the end thereof the following new subsection: “(s) Compliance With Monetary Transaction Recordkeeping and Report Requirements.— “(1) Compliance procedures required.— Each appropriate Federal banking agency shall prescribe regulations requiring insured banks to establish and maintain procedures reasonably designed to assure and monitor the compliance of such banks with the requirements of subchapter II of chapter 53 of title 31, 31 USC 5311 et seq. United States Code. “(2) Examinations of bank to include review of compliance procedures.— “(A) In general.— Each examination of an insured bank by the appropriate Federal banking agency shall include a review of the procedures required to be established and maintained under paragraph (1). “(B) Exam report requirement.— The report of examination shall describe any problem with the procedures maintained by the insured bank. “(3) Order to comply with requirements.— If the appropriate Federal banking agency determines that an insured bank— “(A) has failed to establish and maintain the procedures described in paragraph (1); or “(B) has failed to correct any problem with the procedures maintained by such bank which was previously reported to the bank by such agency, the agency shall issue an order in the manner prescribed in subsection (b) or (c) requiring such bank to cease and desist from its violation of this subsection or regulations prescribed under this subsection.”. (2) Civil money penalties for failure to maintain compliance procedures.— Section 8(i)(2)(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818(i)(2)(i)) is amended by striking out “subsection (b) or (c)” and inserting in lieu thereof “subsection (b), (c), or (s)”. (b) Institutions Regulated by the Bank Board.— (1) In general.— Section 5(d) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(d)) is amended by adding at the end thereof the following new paragraph: “(16) Compliance With Monetary Transaction Recordkeeping and Report Requirements.— “(A) Regulations. Compliance procedures required.— The Board shall prescribe regulations requiring associations to establish and maintain procedures reasonably designed to assure and monitor the compliance of such associations with the requirements of 31 USC 5311 et seq. subchapter II of chapter 53 of title 31, United States Code. “(B) Examinations of associations to include review of compliance procedures.— “(i) In general.— Each examination of an association by the Board shall include a review of the procedures required to be established and maintained under subparagraph (A). “(ii) Exam report requirement.— The report of examination shall describe any problem with the procedures maintained by the association. “(C) Order to comply with requirements.— If the Board determines that an association— “(i) has failed to establish and maintain the procedures described in subparagraph (A); or “(ii) has failed to correct any problem with the procedures maintained by such association which was previously reported to the association by the Board, the Board shall issue an order in the manner prescribed in paragraph (2) or (3) requiring such association to cease and desist from its violation of this paragraph or regulations prescribed under this paragraph.”. (2) Civil money penalties for failure to maintain compliance procedures.— Section 5(d)(8)(B)(i) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(d)(8)(B)(i)) is amended by striking out “paragraph (2) or (3)” and inserting in lieu thereof “paragraph (2), (3), or (16)”. (c) Insured Thrift Institutions.— (1) In general.— Section 407 of the National Housing Act (12 U.S.C. 1730) is amended by adding at the end thereof the following new subsection: “(s) Compliance With Monetary Transaction Recordkeeping and Report Requirements.— “(1) Compliance procedures required.— The Corporation Regulations. shall prescribe regulations requiring insured institutions to establish and maintain procedures reasonably designed to assure and monitor the compliance of such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code. 31 USC 5311 et seq. “(2) Examinations of institutions to include review of compliance procedures.— “(A) In general.— Each examination of an insured institution by the Corporation shall include a review of the procedures required to be established and maintained under paragraph (1). “(B) Exam report requirement.— The report of examination shall describe any problem with the procedures maintained by the insured institution. “(3) Order to comply with requirements.— If the Corporation determines that an insured institution— “(A) has failed to establish and maintain the procedures described in paragraph (1); or “(B) has failed to correct any problem with the procedures maintained by such institution which was previously reported to the institution by the Corporation, the Corporation shall issue an order in the manner prescribed in subsection (e) or (f) requiring such institution to cease and desist from its violation of this subsection or regulations prescribed under this subsection.”. (2) Civil money penalties for failure to maintain compliance procedures.— Section 407(k)(3)(A) of the National Housing Act (12 U.S.C. 1730(k)(3)(A)) is amended by striking out “subsection (e) or (0 of this section shall forefit” and inserting in lieu thereof “subsection (e), (f), or (s) of this section shall forfeit”. (d) Insured Credit Unions.— (1) In general.— Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by adding at the end thereof the following new subsection: “(q) Compliance With Monetary Transaction Recordkeeping and Report Requirements.— “(1) Regulations. Compliance procedures required.— The Board shall prescribe regulations requiring insured credit unions to establish and maintain procedures reasonably designed to assure and monitor the compliance of such credit unions with the requirements of subchapter II of chapter 53 of title 31, United States 31 USC 5331 et seq. Code. “(2) Examinations of credit unions to include review of compliance procedures.— “(A) In general.— Each examination of an insured credit union by the Board shall include a review of the procedures required to be established and maintained under paragraph (1). “(B) Exam report requirement.— The report of examination shall describe any problem with the procedures maintained by the credit union. “(3) Order to comply with requirements.— If the Board determines that an insured credit union— “(A) has failed to establish and maintain the procedures described in paragraph (1); or “(B) has failed to correct any problem with the procedures maintained by such credit union which was previously reported to the credit union by the Board, the Board shall issue an order in the manner prescribed in subsection (e) or (f) requiring such credit union to cease and desist from its violation of this subsection or regulations prescribed under this subsection.”. (2) Civil money penalties for failure to maintain compliance procedures.— Section 206(k)(2)(A) of the Federal Credit Union Act (12 U.S.C. 1786(k)(2)(A)) (as in effect on September 1, 1986) is amended by striking out “subsection (e) or (f)” and inserting in lieu thereof “subsection (e), (f), or (q)”. SEC. 1360. CHANGE IN BANK CONTROL ACT AMENDMENTS. (a) Additional Review Time.— (1) Initial extension at discretion of agency.— The first sentence of section 7(j)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(1)) is amended by striking out “or extending up to another thirty days” and inserting in lieu thereof “or, in the discretion of the agency, extending for an additional 30 days”. (2) Additional extensions in case of incomplete or inaccurate notice or to continue investigation.— The second sentence of section 7(j)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(1)) is amended to read as follows: “The period for disapproval under the preceding sentence may be extended not to exceed 2 additional times for not more than 45 days each time if— “(A) the agency determines that any acquiring party has not furnished all the information required under paragraph (6); “(B) in the agency’s judgment, any material information submitted is substantially inaccurate; “(C) the agency has been unable to complete the investigation of an acquiring party under paragraph (2)(B) because of any delay caused by, or the inadequate cooperation of, such acquiring party; or “(D) the agency determines that additional time is needed to investigate and determine that no acquiring party has a record of failing to comply with the requirements of subchapter II of chapter 53 of title 31, United States Code.”. 31 USC 5331 et seq. (b) Duty to Investigate Applicants for Change in Control Approval.— Section 7(j)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(2)) is amended— (1) by striking out “(2)” and inserting in lieu thereof “(2)(A) Notice to State Agency.—”; and (2) by adding at the end thereof the following new subparagraphs: “(B) Investigation of Principals Required.— Upon receiving any notice under this subsection, the appropriate Federal banking agency shall— “(i) conduct an investigation of the competence, experience, integrity, and financial ability of each person named in a notice of a proposed acquisition as a person by whom or for whom such acquisition is to be made; and “(ii) make an independent determination of the accuracy and completeness of any information described in paragraph (6) with respect to such person. “(C) Report.— The appropriate Federal banking agency shall prepare a written report of any investigation under subparagraph (B) which shall contain, at a minimum, a summary of the results of such investigation. The agency shall retain such written report as a record of the agency.”. (c) Public Comment on Change of Control Notices.— Section 7(j)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(2)) is amended by adding after subparagraph (C) (as added by subsection (b) of this section) the following new subparagraph: “(D) Public Comment.— Upon receiving notice of a proposed acquisition, the appropriate Federal banking agency shall, within a reasonable period of time— “(i) publish the name of the insured bank proposed to be acquired and the name of each person identified in such notice as a person by whom or for whom such acquisition is to be made; and “(ii) solicit public comment on such proposed acquisition, particularly from persons in the geographic area where the bank proposed to be acquired is located, before final consideration of such notice by the agency, unless the agency determines in writing that such disclosure or solicitation would seriously threaten the safety or soundness of such bank.”. (d) Investigations and Enforcement.— Section 7(j) of the Federal Deposit Insurance Act (12 U.S.C. 1817(j)) is amended— (1) by redesignating paragraphs (15) and (16) as paragraphs (16) and (17), respectively; and (2) by inserting after paragraph (14) the following new paragraph: “(15) Investigative and Enforcement Authority.— “(A) Investigations.— The appropriate Federal banking agency may exercise any authority vested in such agency under 12 USC 1818. section 8(n) in the course of conducting any investigation under paragraph (2)(B) or any other investigation which the agency, in its discretion, determines is necessary to determine whether any person has filed inaccurate, incomplete, or misleading information under this subsection or otherwise is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection. “(B) Enforcement.— Whenever it appears to the appropriate Federal banking agency that any person is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection, the agency may, in its discretion, apply to the appropriate district court of the United States or the United States court of any territory for— “(i) a temporary or permanent injunction or restraining order enjoining such person from violating this subsection or any regulation prescribed under this subsection; or “(ii) such other equitable relief as may be necessary to prevent any such violation (including divestiture). “(C) Jurisdiction.— “(i) The district courts of the United States and the United States courts in any territory shall have the same jurisdiction and power in connection with any exercise of any authority by the appropriate Federal banking agency under subparagraph (A) as such courts have under section 8(n). “(ii) The district courts of the United States and the United States courts of any territory shall have jurisdiction and power to issue any injunction or restraining order or grant any equitable relief described in subparagraph (B). When appropriate, any injunction, order, or other equitable relief granted under this paragraph shall be granted without requiring the posting of any bond.”. SEC. 1361. CHANGE IN SAVINGS AND LOAN CONTROL ACT AMENDMENTS. (a) Additional Review Time.— (1) Initial extension at discretion of agency.— The first sentence of section 407(q)(1) of the National Housing Act (12 U.S.C. 1730(q)(1)) is amended by striking out “or extending up to another thirty days” and inserting in lieu thereof “or, in the discretion of the Corporation, extending for an additional 30 days”. (2) Additional extensions in case of incomplete or inaccurate notice or to continue investigation.— The second sentence of section 407(q)(1) of the National Housing Act (12 U.S.C. 1730(q)(1)) is amended to read as follows: “The period for disapproval under the preceding sentence may be extended not to exceed 2 additional times for not more than 45 days each time if— “(A) the Corporation determines that any acquiring party has not furnished all the information required under paragraph (6); “(B) in the Corporation’s judgment, any material information submitted is substantially inaccurate; “(C) the Corporation has been unable to complete the investigation of an acquiring party under paragraph (2)(B) because of any delay caused by, or the inadequate cooperation of, such acquiring party; or “(D) the Corporation determines that additional time is needed to investigate and determine that no acquiring party has a record of failing to comply with the requirements of subchapter II of chapter 53 of title 31, United States Code.”. 31 USC 5331 et seq. (b) Duty to Investigate Applicants for Change in Control Approval.— Section 407(q)(2) of the National Housing Act (12 U.S.C. 1730(q)(2)) is amended— (1) by striking out “(2)” and inserting in lieu thereof “(2)(A) Notice to State Agency.—”; and (2) by adding at the end thereof the following new subparagraphs: “(B) Investigation of Principals Required.— Upon receiving any notice under this subsection, the Corporation shall— “(i) conduct an investigation of the competence, experience, integrity, and financial ability of each person named in a notice of a proposed acquisition as a person by whom or for whom such acquisition is to be made; and “(ii) make an independent determination of the accuracy and completeness of any information described in paragraph (6) with respect to such person. “(C) Report.— The Corporation shall prepare a written report of any investigation under subparagraph (B) which shall contain, at a minimum, a summary of the results of such investigation. The Corporation shall retain such written report as a record of the Corporation.”. (c) Public Comment on Change of Control Notices.— Section 407(q)(2) of the National Housing Act (12 U.S.C. 1730(q)(2)) is amended by adding after subparagraph (C) (as added by subsection (b) of this section) the following new subparagraph: “(D) Public Comment.— Upon receiving notice of a proposed acquisition, the Corporation shall, within a reasonable period of time— “(i) publish the name of the insured institution proposed to be acquired and the name of each person identified in such notice as a person by whom or for whom such acquisition is to be made; and “(ii) solicit public comment on such proposed acquisition, particularly from persons in the geographic area where the institution proposed to be acquired is located, before final consideration of such notice by the Corporation, unless the Corporation determines in writing that such disclosure or solicitation would seriously threaten the safety or soundness of such institution.”. (d) Investigations and Enforcement.— Section 407(q) of the National Housing Act (12 U.S.C. 173()(q)) is amended— (1) by redesignating paragraphs (16) and (17) as paragraphs (17) and (18), respectively; and (2) by inserting after paragraph (15) the following new paragraph: “(16) Investigative and Enforcement Authority.— “(A) Investigations.— The Corporation may exercise any authority vested in the Corporation under paragraph (2) or (3) of subsection (m) in the course of conducting any investigation under paragraph (2)(B) or any other investigation which the Corporation, in its discretion, determines is necessary to determine whether any person has filed inaccurate, incomplete, or misleading information under this subsection or otherwise is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection. “(B) Enforcement.— Whenever it appears to the Corporation that any person is violating, has violated, or is about to violate any provision of this subsection or any regulation prescribed under this subsection, the agency may, in its discretion, apply to the appropriate district court of the United States or the United States court of any territory for— “(i) a temporary or permanent injunction or restraining order enjoining such person from violating this subsection or any regulation prescribed under this subsection; or “(ii) such other equitable relief as may be necessary to prevent any such violation (including divestiture). “(C) Jurisdiction.— “(i) The district courts of the United States and the United States courts in any territory shall have the same jurisdiction and power in connection with any exercise of any authority by the Corporation under subparagraph (A) as such courts have under paragraph (2) or (3) of subsection (m). “(ii) The district courts of the United States and the United States courts of any territory shall have jurisdiction and power to issue any injunction or restraining order or grant any equitable relief described in subparagraph (B). When appropriate, any injunction, order, or other equitable relief under this paragraph shall be granted without requiring the posting of any bond.”. SEC. 1362. AMENDMENTS TO DEFINITIONS. (a) United States Agencies Includes the Postal Service.— Section 5312(a)(2)(U) of title 31, United States Code (defining financial institutions) (as redesignated by subsection (a)) is amended by inserting before the semicolon at the end the following: “, including the United States Postal Service”. (b) United States Includes Certain Territories and Possessions.— Section 5312(a)(5) of title 31, United States Code, is amended by inserting “the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands,” after “Puerto Rico”. SEC. 1363. INTERNATIONAL INFORMATION EXCHANGE SYSTEM; STUDY OF FOREIGN BRANCHES OF DOMESTIC INSTITUTIONS. (a) Banks and banking. Discussions on International Information Exchange System.— The Secretary of the Treasury, in consultation with the Board of Governors of the Federal Reserve System, shall initiate discussions with the central banks or other appropriate governmental authorities of other countries and propose that an information exchange system be established to assist the efforts of each participating country to eliminate the international flow of money derived from illicit drug operations and other criminal activities. (b) Report on Discussions Required.— Before the end of the 9-month period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall prepare and transmit a report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of discussions initiated pursuant to subsection (a). (c) Study of Money Laundering Through Foreign Branches of Domestic Financial Institutions Required.— The Secretary of the Treasury, in consultation with the Attorney General and the Board of Governors of the Federal Reserve System, shall conduct a study of— (1) the extent to which foreign branches of domestic institutions are used— (A) to facilitate illicit transfers of coins, currency, and other monetary instruments (as such term is defined in section 5312(a)(5) of title 31, United States Code) into and out of the United States; and (B) to evade reporting requirements with respect to any transfer of coins, currency, and other monetary instruments (as so defined) into and out of the United States; (2) the extent to which the law of the United States is applicable to the activities of such foreign branches; and (3) methods for obtaining the cooperation of the country in which any such foreign branch is located for purposes of enforcing the law of the United States with respect to transfers, and reports on transfers, of such monetary instruments into and out of the United States. (d) Report on Study of Foreign Branches Required.— Before the end of the 9-month period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall prepare and transmit a report to the Committee on Banking, Finance and Urban Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate on the results of the study conducted pursuant to subsection (c). SEC. 1364. EFFECTIVE DATES. (a) The amendment made by section 1354 shall apply with respect 31 USC 5324 note. to transactions for the payment, receipt, or transfer of United States coins or currency or other monetary instruments completed after the end of the 3-month period beginning on the date of the enact ment of this Act. (b) The amendments made by sections 1355(b) and 1357(a) shall 31 USC 5317 note. apply with respect to violations committed after the end of the 3-month period beginning on the date of the enactment of this Act. (c) The amendments made by section 1357 (other than subsection 31 USC 5321 note. (a) of such section) shall apply with respect to violations committed after the date of the enactment of this Act. (d) Any regulation prescribed under the amendments made by 31 USC 5316 note. section 1358 shall apply with respect to transactions completed after the effective date of such regulation. (e) The regulations required to be prescribed under the amendments 12 USC 1464 note. made by section 1359 shall take effect at the end of the 3-month period beginning on the date of the enactment of this Act. (f) 12 USC 1730 note. The amendments made by sections 1360 and 1361 shall apply with respect to notices of proposed acquisitions filed after the date of the enactment of this Act. SEC. 1365. PREDICATE OFFENSES. (a) Subsection (b) of section 1952 of title 18, United States Code, is amended by striking out “or” before “(2)”, and by striking out the period at the end thereof and inserting in lieu thereof the following: “, or (3) any act which is indictable under subchapter II of chapter 31 USC 5331 et seq. 53 of title 31, United States Code, or under section 1956 or 1957 of this title.”. (b) Subsection (1) of section 1961 of title 18, United States Code, is amended by inserting “section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),” after “section 1955 (relating to the prohibition of illegal gambling businesses),”. (c) Subsection (1) of section 2516 of title 18, United States Code, is amended in paragraph (c) by inserting “section 1956 (laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity),” after “section 1955 (prohibition of relating to business enterprises of gambling),”. SEC. 1366. FORFEITURE. (a) Title 18 of the United States Code is amended by adding after chapter 45 a new chapter 46 as follows: “CHAPTER 46— FORFEITURE “Sec. “981. Civil Forfeiture. “982. Criminal Forfeiture. “§ 981. Civil forfeiture “(a) (1) Except as provided in paragraph (2), the following property is subject to forfeiture to the United States: “(A) Any property, real or personal, which represents the gross receipts a person obtains, directly or indirectly, as a result of a violation of section 1956 or 1957 of this title, or which is traceable to such gross receipts. “(B) Any property within the jurisdiction of the United States, which represents the proceeds of an offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined 21 USC 801 note. for the purposes of the Controlled Substances Act), within whose jurisdiction such offense or activity would be punishable by death or imprisonment for a term exceeding one year and which would be punishable by imprisonment for a term exceeding one year if such act or activity had occurred within the jurisdiction of the United States. “(C) Any coin and currency (or other monetary instrument as the Secretary of the Treasury may prescribe) or any interest in other property, including any deposit in a financial institution, traceable to such coin or currency involved in a transaction or attempted transaction in violation of section 5313(a) or 5324 of title 31 may be seized and forfeited to the United States Government. No property or interest in property shall be seized or forfeited if the violation is by a domestic financial institution examined by a Federal bank supervisory agency or a financial institution regulated by the Securities and Exchange Commission or a partner, director, officer, or employee thereof. “(2) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or emission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. “(b) Any property subject to forfeiture to the United States under subsection (a)(1)(A) or (a)(1)(B) of this section may be seized by the Attorney General or, with respect to property involved in a violation of section 1956 or 1957 of this title investigated by the Secretary of the Treasury, may be seized by the Secretary of the Treasury, and any property subject to forfeiture under subsection (a)(1)(C) of this section may be seized by the Secretary of the Treasury, in each case upon process issued pursuant to the Supplemental Rules for certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when— “(1) the seizure is pursuant to a lawful arrest or search; or “(2) the Attorney General or the Secretary of the Treasury, as the case may be, has obtained a warrant for such seizure pursuant to the Federal Rules of Criminal Procedure, in which 18 USC app. event proceedings under subsection (d) of this section shall be instituted promptly. “(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General or the Secretary of the Treasury, as the case may be, subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under this subsection, the Attorney General or the Secretary of the Treasury, as the case may be, may— “(1) place the property under seal; “(2) remove the property to a place designated by him; or “(3) require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law. “(d) For purposes of this section, the provisions of the customs laws relating to the seizure, summary and judicial forfeiture, condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale of this section, the remission or mitigation of such forfeitures, and the compromise of claims (19 U.S.C. 1602 et seq.), insofar as they are applicable and not inconsistent with the provisions of this section, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General or the Secretary of the Treasury, as the case may be. “(e) Notwithstanding any other provision of the law, except section 3 of the Anti Drug Abuse Act of 1986, the Attorney General or the Secretary of the Treasury, as the case may be, is authorized to retain property forfeited pursuant to this section, or to transfer such property on such terms and conditions as he may determine to— “(1) any other Federal agency; or “(2) any State or local law enforcement agency which participated directly in any of the acts which led to the seizure or forfeiture of the property. State and local governments. The Attorney General or the Secretary of the Treasury, as the case may be, shall ensure the equitable transfer pursuant to paragraph (2) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by the Attorney General or the Secretary of the Treasury pursuant to paragraph (2) shall not be subject to review. The United States shall not be liable in any action arising out of the use of any property the custody of which was transferred pursuant to this section to any non-Federal agency. The Attorney General or the Secretary of the Treasury may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. After the filing of a complaint for forfeiture under this section, the Attorney General may seek dismissal of the complaint in favor of forfeiture proceedings under State or local law. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, the United States may transfer custody and possession of the seized property to the appropriate State or local official immediately upon the initiation of the proper actions by such officials. Whenever forfeiture proceedings are discontinued by the United States in favor of State or local proceedings, notice shall be sent to all known interested parties advising them of the discontinuance or dismissal. The United States shall not be liable in any action arising out of the seizure, detention, and transfer of seized property to State or local officials. “(f) All right, title, and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section. “(g) The filing of an indictment or information alleging a violation of law which is also related to a forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the forfeiture proceeding. “(h) In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought. “(i) In the case of property subject to forfeiture under subsection (a)(1)(B), the following additional provisions shall, to the extent provided by treaty, apply: “(1) Notwithstanding any other provision of law, except section 3 of the Anti Drug Abuse Act of 1986, whenever property is civilly or criminally forfeited under the Controlled Substances 21 USC 801 note. Act, the Attorney General may, with the concurrence of the Secretary of State, equitably transfer any conveyance, currency, and any other type of personal property which the Attorney General may designate by regulation for equitable transfer, or any amounts realized by the United States from the sale of any real or personal property forfeited under the Controlled Substances Act to an appropriate foreign country to reflect 21 USC 801 note. generally the contribution of any such foreign country participating directly or indirectly in any acts which led to the seizure or forfeiture of such property. Such property when forfeited pursuant to subsection (a)(1)(B) of this section may also be transferred to a foreign country pursuant to a treaty providing for the transfer of forfeited property to such foreign country. A decision by the Attorney General pursuant to this paragraph shall not be subject to review. The foreign country shall, in the event of a transfer of property or proceeds of sale of property under this subchapter, bear all expenses incurred by the United States in the seizure, maintenance, inventory, storage, forfeiture, and disposition of the property, and all transfer costs. The payment of all such expenses, and the transfer of assets pursuant to this paragraph, shall be upon such terms and conditions as the Attorney General may, in his discretion, set. Transfers may be made under this subsection during a fiscal year to a country that is subject to paragraph (1)(A) of section 481(h) of the Foreign Assistance Act of 1961 (relating to restrictions on 22 USC 2291. United States assistance) only if there is a certification in effect with respect to that country for that fiscal year under paragraph (2) of that section. “(2) The provisions of this section shall not be construed as limiting or superseding any other authority of the United States to provide assistance to a foreign country in obtaining property related to a crime committed in the foreign country, including property which is sought as evidence of a crime committed in the foreign country. “(3) A certified order or judgment of forfeiture by a court of competent jurisdiction of a foreign country concerning property which is the subject of forfeiture under this section and was determined by such court to be the type of property described in subsection (a)(1)(B) of this section, and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of forfeiture, shall be admissible in evidence in a proceeding brought pursuant to this section. Such certified order or judgment of forfeiture, when admitted into evidence, shall constitute probable cause that the property forfeited by such order or judgment of forfeiture is subject to forfeiture under this section and creates a rebuttable presumption of the forfeitability of such property under this section. “(4) A certified order or judgment of conviction by a court of competent jurisdiction of a foreign country concerning an unlawful drug activity which gives rise to forfeiture under this section and any certified recordings or transcripts of testimony taken in a foreign judicial proceeding concerning such order or judgment of conviction shall be admissible in evidence in a proceeding brought pursuant to this section. Such certified order or judgment of conviction, when admitted into evidence, creates a rebuttable presumption that the unlawful drug activity giving rise to forfeiture under this section has occurred. “(5) The provisions of paragraphs (3) and (4) of this subsection shall not be construed as limiting the admissibility of any evidence otherwise admissible, nor snail they limit the ability of the United States to establish probable cause that property is subject to forfeiture by any evidence otherwise admissible. “(j) For purposes of this section— “(1) the term ‘Attorney General’ means the Attorney General or his delegate; and “(2) the term ‘Secretary of the Treasury’ means the Secretary of the Treasury or his delegate. “§ 982. Criminal forfeiture “(a) Real property. The court, in imposing sentence on a person convicted of an offense under section 1956 or 1957 of this title shall order that the person forfeit to the United States any property, real or personal, which represents the gross receipts the person obtained, directly or indirectly, as a result of such offense, or which is traceable to such gross receipts. “(b) The provisions of subsections 413 (c) and (e) through (o) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (c) and (e)—(o)) shall apply to property subject to forfeiture under this section, to any seizure or disposition thereof, and to any administrative or judicial proceeding in relation thereto, if not inconsistent with this section.”. (b) The chapter analysis of part I of title 18, United States Code, is amended by inserting after the item for chapter 45 the following: “46. Forfeiture SEC. 1367. SEVERABILITY CLAUSE. If any provision of this subtitle or any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the provisions of every other part, and their application, shall not be affected thereby. Subtitle I— Armed Career Criminals SEC. 1401. SHORT TITLE. This subtitle may be cited as the “Career Criminals Amendment Act of 1986”. SEC. 1402. EXPANSION OF PREDICATE OFFENSES FOR ARMED CAREER CRIMINAL PENALTIES. (a) In General.— Section 924(e)(1) of title 18, United States Code, is amended by striking out “for robbery or burglary, or both,” and inserting in lieu thereof “for a violent felony or a serious drug offense, or both,”. (b) Definitions.— Section 924(e)(2) of title 18, United States Code, is amended by striking out subparagraph (A) and all that follows through subparagraph (B) and inserting in lieu thereof the following: “(A) the term ‘serious drug offense’ means— “(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the first section or section 3 of Public Law 96–350 (21 U.S.C. 955a et seq.), for which a maximum term of imprisonment of ten years or more is prescribed by law; or “(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law; and “(B) the term ‘violent felony’ means any crime punishable by imprisonment for a term exceeding one year that— “(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or “(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.”. Subtitle J— Authorization of Appropriation for Drug Law Enforcement SEC. 1451. AUTHORIZATION OF APPROPRIATIONS. (a) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Drug Enforcement Administration, $60,000,000; except, that notwithstanding section 1345 of title 31, United States Code, funds made available to the Department of Justice for the Drug Enforcement Administration in any fiscal year may be used for travel, transportation, and subsistence expenses of State, county, and local officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia. (b) The Drug Enforcement Administration of the Department of Justice is hereby authorized to plan, construct, renovate, maintain, remodel and repair buildings and purchase equipment incident thereto for an All Source Intelligence Center, but the existing El Paso Intelligence Center shall remain in Texas.” (c) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Federal Prison System, $124,500,000, of which $96,500,000 shall be for the construction of Federal penal and correctional institutions and $28,000,000 shall be for salaries and expenses. (d) There is authorized to be appropriated for fiscal year 1987 for the Judiciary for Defender Services, $18,000,000. (e) There is authorized to be appropriated for fiscal year 1987 for the Judiciary for Fees and Expenses of Jurors and Commissioners, $7,500,000. (f) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Office of Justice Assistance, $2,000,000 to carry out a pilot prison capacity program. (g) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for support of United States prisoners in non-Federal Institutions, $5,000,000. (h) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the Offices of the United States Attorneys, $31,000,000. (i) There is authorized to be appropriated for fiscal year 1987 for the Department of Justice for the United States Marshals Service, $17,000,000. “(j) Authorizations of appropriations for fiscal year 1987 contained in this section are in addition to those amounts agreed to in the conference agreement reached on Title I of H.J. Res. 738.” Ante, p. 1783; post. p. 3341. (k) In addition to any other amounts that may be authorized to be appropriated for fiscal year 1987, the following sums are authorized to be appropriated to procure secure voice radios: Federal Bureau of Investigation $2,000,000 Secret Service $5,000,000. (l) This section may be cited as the “Drug Enforcement Enhancement Act of 1986”. Subtitle K— State and Local Narcotics Control Assistance SEC. 1551. SHORT TITLE. This subtitle may be cited as the “State and Local Law Enforcement Assistance Act of 1986”. SEC. 1552. BUREAU OF JUSTICE ASSISTANCE DRUG GRANT PROGRAMS. (a) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712 et seq.) is amended— (1) by redesignating part M as part N, (2) 42 USC 3797. by redesignating section 1301 as section 1401, and (3) by inserting after part L the following new part: “PART M— GRANTS FOR DRUG LAW ENFORCEMENT PROGRAMS “Sec. 1301. “function of the director The Director shall provide funds to eligible States and units of local government pursuant to this part. “Sec. 1302. “description of drug law enforcement grant program The Director is authorized to make grants to States, for the use of States and units of local government in the States, for the purpose of enforcing State and local laws that establish offenses similar to offenses established in the Controlled Substances Act (21 U.S.C. 801 et seq.), and to— “(1) provide additional personnel, equipment, facilities, personnel training, and supplies for more widespread apprehension of persons who violate State and local laws relating to the production, possession, and transfer of controlled substances and to pay operating expenses (including the purchase of evidence and information) incurred as a result of apprehending such persons; “(2) provide additional personnel, equipment, facilities (including upgraded and additional law enforcement crime laboratories), personnel training, and supplies for more widespread prosecution of persons accused of violating such State and local laws and to pay operating expenses in connection with such prosecution; “(3) provide additional personnel (including judges), equipment, personnel training, and supplies for more widespread adjudication of cases involving persons accused of violating such State and local laws, to pay operating expenses in connection with such adjudication, and to provide quickly temporary facilities in which to conduct adjudications of such cases; “(4) provide additional public correctional resources for the detention of persons convicted of violating State and local laws relating to the production, possession, or transfer of controlled substances, and to establish and improve treatment and re-habilitative counseling provided to drug dependent persons convicted of violating State and local laws; “(5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted; “(6) provide programs which identify and meet the needs of drug-dependent offenders; and “(7) conduct demonstration programs, in conjunction with local law enforcement officials, in areas in which there is a high incidence of drug abuse and drug trafficking to expedite the prosecution of major drug offenders by providing additional resources, such as investigators and prosecutors, to identify major drug offenders and move these offenders expeditiously through the judicial system. “Sec. 1303. “applications to receive grants To request a grant under section 1302, the chief State and local governments. 42 USC 3796j. executive officer of a State shall submit to the Director an application at such time and in such form as the Director may require. Such application shall include— “(1) a statewide strategy for the enforcement of State and local laws relating to the production, possession, and transfer of controlled substances; “(2) a certification that Federal funds made available under section 1302 of this title will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for drug law enforcement activities; “(3) a certification that funds required to pay the non-Federal portion of the cost of each program and project for which such grant is made shall be in addition to funds that would otherwise be made available for drug law enforcement by the recipients of grant funds; “(4) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 60-day period beginning on the date such application or amendment is so submitted); and “(5) an assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups. Such strategy shall be prepared after consultation with State and local officials whose duty it is to enforce such laws. Such strategy Reports shall include an assurance that following the first fiscal year covered by an application and each fiscal year thereafter, the applicant shall submit to the Director or to the State, as the case may be, a performance report concerning the activities carried out pursuant to section 1302 of this title. “Sec. 1304. “review of applications (a) The Bureau shall provide financial assistance to each State applicant under section 1302 of this title to carry out the programs or projects submitted by such applicant upon determining that— “(1) the application or amendment thereto is consistent with the requirements of this title; and “(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in accordance with section 1303 of this title. Each application or amendment made and submitted for approval to the Bureau pursuant to section 1303 shall be deemed approved, in whole or in part, by the Bureau not later than sixty days after first received unless the Bureau informs the applicant of specific reasons for disapproval. “(b) Grants. Grant funds awarded under section 1302 of this title shall not be used for land acquisition or construction projects, other than penal and correctional institutions. “(c) The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration. “Sec. 1305. “allocation and distribution of funds under formula grants (a) Of the total amount appropriated for this part in any fiscal year, 80 per centum shall be set aside for section 1302 and allocated to States as follows: “(1) $500,000 shall be allocated to each of the participating States. “(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. “(b) (1) Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 1302 of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preceding fiscal year. “(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State involved. “(3) For purposes of determining the distribution of funds under paragraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. “(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed by the Director or by the State involved for any program other than a program contained in an approved application. “(d) If the Director determines, on the basis of information available Urban areas. Rural areas. to it during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 1302 of this title, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. “(e) Any funds allocated under subsection (a) that are not distributed under this section shall be available for obligation under section 1309 of this title. “Sec. 1306. “reports (a) Each State which receives a grant under section 42 USC 3796m. 1302 of this title shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which contains— “(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the needs identified in the State strategy submitted under section 1303 of this title; “(2) a summary of the activities carried out in such year with any grant received under section 1309 of this title by such State; and “(3) such other information as the Director may require by rule. Such report shall be submitted in such form and by such time as the Director may require by rule. “(b) Not later than ninety days after the end of each fiscal year for which grants are made under section 1302 of this title, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State— “(1) the aggregate amount of grants made under sections 1302 and 1309 of this title to such State for such fiscal year; “(2) the amount of such grants expended for each of the purposes specified in section 1302; and “(3) a summary of the information provided in compliance with paragraphs (1) and (2) of subsection (a). “Sec. 1307. “expenditure of grants; records (a) A grant made under section 1302 of this title may Indians. 42 USC 3796n. not be expended for more than 75 per centum of the cost of the identified uses, in the aggregate, for which such grant is received to carry out any purpose specified in section 1302, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the Interior) for any such program or project, the amount of such grant shall be equal to 100 per centum of such cost. The non-Federal portion of the expenditures for such uses shall be paid in cash. “(b) Not more than 10 per centum of a grant made under section 1302 of this title may be used for costs incurred to administer such grant. “(c) (1) Each State which receives a grant under section 1302 of this title shall keep, and shall require units of local government which receive any part of such grant to keep, such records as the Director may require by rule to facilitate an effective audit. “(2) State and local governments. The Director and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of States which receive grants, and of units of local government which receive any part of a grant made under section 1302, if in the opinion of the Director or the Comptroller General, such books, documents, and records are related to the receipt or use of any such grant. “Sec. 1308. “state office (a) The chief executive of each participating State shall designate a State office for purposes of— “(1) preparing an application to obtain funds under section 1302 of this title; and “(2) administering funds received under such section from the Director, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. “(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a). “Sec. 1309. “discretionary grants The Director is authorized to make grants to public agencies and private nonprofit organizations for any purpose specified in section 1302 of this title. The Director shall nave final authority over all grants awarded under this section. “Sec. 1310. “application requirements (a) No grant may be made under section 1309 of this title unless an application has been submitted to the Director in which the applicant— “(1) sets forth a program or project which is eligible for funding pursuant to section 1309 of this title; and “(2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out. “(b) Each applicant for funds under section 1309 of this title shall certify that its program or project meets all the requirements of this section, that all the information contained in the application is correct, and that the applicant will comply with all the provisions of this title and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director. “Sec. 1311. “allocation of funds for discretionary grants Of the total amount appropriated for this part in any fiscal year, 20 per centum shall be reserved and set aside for section 1309 of this title in a special discretionary fund for use by the Director in carrying out the purposes specified in section 1302 of this title. Grants under section 1309 may be made for amounts up to 100 per centum of the costs of the programs or projects contained in the approved application. “Sec. 1312. “limitation on use of discretionary grant funds Grant funds awarded under section 1309 of this title 42 USC 3796s. shall not be used for land acquisition or construction projects.”. (b) (1) Subsections (a) and (b) of section 401 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3741) are each amended by striking out “part E” and inserting in lieu thereof “parts E and M”. (2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking out “parts D and E” and inserting in lieu thereof “parts D, E, and M”. (3) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by inserting “or M” after “part D”. (4) Section 808 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789) is amended by inserting “or 1308, as the case may be,” after “section 408”. (5) The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking out the items relating to part M and section 1301, and inserting in lieu thereof the following new items: “Part M— Grants for Drug Law Enforcement Programs “Sec. 1301. Function of the Director. “Sec. 1302. Description of drug law enforcement grant program. “Sec. 1303. Applications to receive grants. “Sec. 1304. Review of applications. “Sec. 1305. Allocation and distribution of funds under formula grants. “Sec. 1306. Reports. “Sec. 1307. Expenditure of grants; records. “Sec. 1308. State office. “Sec. 1309. Discretionary grants. “Sec. 1310. Application requirements. “Sec. 1311. Allocation of funds for discretionary grants. “Sec. 1312. Limitation on use of discretionary grant funds. “Part N— Transition—Effective Date—Repealer “Sec. 1401. Continuation of rules, authorities, and proceedings.”. (c) Section 1001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended— (1) in subsection (a)— (A) in paragraph (3) by striking out “and L” and inserting in lieu thereof “L, and M”, (B) by redesignating paragraph (6) as paragraph (7), and (C) by inserting after paragraph (5) the following new paragraph: “(6) There are authorized to be appropriated $230,000,000 for Fiscal year 1987, $230,000,000 for fiscal year 1988, and $230,000,000 for fiscal year 1989, to carry out the programs under part M of this title.”; and (2) in subsection (b) by striking out “and E” and inserting in lieu thereof “, E, and M”. Subtitle L— Study on the Use of Existing Federal Buildings as Prisons SEC. 1601. STUDY REQUIRED. (a) Within 90 days of the date of enactment of this Act, the Secretary of Defense shall provide to the Attorney General— (1) a list of all sites under the jurisdiction of the Department of Defense including facilities beyond the excess and surplus property inventories whose facilities or a portion thereof could be used, or are being used, as detention facilities for felons, especially those who are a Federal responsibility such as illegal alien felons and major narcotics traffickers; (2) a statement of fact on how such facilities could be used as detention facilities with detailed descriptions on their actual daily percentage of use; their capacities or rated capacities; the time periods they could be utilized as detention facilities; the cost of converting such facilities to detention facilities; and, the cost of maintaining them as such; and (3) in consultation with the Attorney General, a statement showing how the Department of Defense and the Department of Justice would administer and provide staffing responsibilities to convert and maintain such detention facilities. (b) Reports. Copies of the report and analysis required by subsection (a) shall be provided to the Congress. Subtitle M— Narcotics Traffickers Deportation Act SEC. 1751. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. (a) Section 212(a)(23) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(23)) is amended— (1) by striking out “any law or regulation relating to” and all that follows through “addiction-sustaining opiate” and inserting in lieu thereof “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))”; and (2) by striking out “any of the aforementioned drugs” and inserting in lieu thereof “any such controlled substance”. (b) Section 241(a)(11) of such Act (8 U.S.C. 1251(a)(11)) is amended by striking out “any law or regulation relating to” and all that follows through “addiction-sustaining opiate” and inserting in lieu thereof “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))”. (c) 8 USC 1182 note. The amendments made by the subsections (a) and (b) of this section shall apply to convictions occurring before, on, or after the date of the enactment of this section, and the amendments made by subsection (a) shall apply to aliens entering the United States after the date of the enactment of this section. (d) Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following new subsection: “(d) In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)— “(1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States, “(2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney General of the arrest and of facts concerning the status of the alien, and “(3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien, the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.”. (e) (1) From the sums appropriated to carry out this Act, the 8 USC 1103 note. Attorney General, through the Investigative Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the computer capabilities of the local offices of the Service and of local law enforcement agencies to respond to inquiries concerning aliens who have been arrested or convicted for, or are the subject to criminal investigation relating to, a violation of any law relating to controlled substances. The Attorney General shall select cities in a manner that provides special consideration for cities located near the land borders of the United States and for large cities which have major concentrations of aliens. Some of the sums made available under the pilot program shall be used to increase the personnel level of the Investigative Division. (2) At the end of the first year of the pilot program, the Attorney Reports. General shall provide for an evaluation of the effectiveness of the program and shall report to Congress on such evaluation and on whether the pilot program should be extended or expanded. Subtitle N— Freedom of Information Act SEC. 1801. SHORT TITLE. This subtitle may be cited as the “Freedom of Information Reform Act of 1986”. 5 USC 552 note. SEC 1802. LAW ENFORCEMENT. (a) Exemption.— Section 552(b)(7) of title 5, United States Code, is amended to read as follows: “(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably State and local governments. be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and proce-dures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual;”. (b) Exclusions.— Section 552 of title 5, United States Code, is amended by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f) respectively, and by inserting after subsection (b) the following new subsection: “(c) (1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and— “(A) the investigation or proceeding involves a possible violation of criminal law; and “(B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section. “(2) Whenever informant records maintained by a criminal law enforcement agency under an informant’s name or personal identifier are requested by a third party according to the informant’s name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant’s status as an informant has been officially confirmed. “(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section.”. SEC. 1803. FEES AND FEE WAIVERS. Paragraph (4)(A) of section 552(a) of title 5, United States Code, is amended to read as follows: “(4)Regulations. (A) (i) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced. Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies. “(ii) Such agency regulations shall provide that— “(I) fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use; “(II) Research and development. fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or non-commercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and “(III) for any request not described in (I) or (II), fees shall be limited to reasonable standard charges for document search and duplication. “(iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. “(iv) Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. No fee may be charged by any agency under this section— “(I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or “(II) for any request described in clause (ii) (II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. “(v) No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250. “(vi) Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records. “(vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: Provided, That the court’s review of the matter shall be limited to the record before the agency.”. SEC. 1804. EFFECTIVE DATES. (a) The amendments made by section 1802 shall be effective on the date of enactment of this Act, and shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date. (b) (1) The amendments made by section 1803 shall be effective 180 days after the date of enactment of this Act, except that regulations to implement such amendments shall be promulgated by such 180th day. (2) The amendments made by section 1803 shall apply with respect to any requests for records, whether or not the request was made prior to such date, and shall apply to any civil action pending on such date, except that review charges applicable to records requested for commercial use shall not be applied by an agency to requests made before the effective date specified in paragraph (1) of this subsection or before the agency has finally issued its regulations. Subtitle O— Prohibition on the Interstate Sale and Transportation of Drug Paraphernalia SEC. 1821. SHORT TITLE. This subtitle may be cited as the “Mail Order Drug Paraphernalia Control Act”. SEC. 1822. OFFENSE. (a) It is unlawful for any person— (1) to make use of the services of the Postal Service or other interstate conveyance as part of a scheme to sell drug paraphernalia; (2) to offer for sale and transportation in interstate or foreign commerce drug paraphernalia; or (3) to import or export drug paraphernalia. (b) Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined not more than $100,000. (c) Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities. (d) The term “drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Controlled Substances Act (title II of Public Law 21 USC 802. 91–513). It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as— (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and carburetion masks; (5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; (6) miniature spoons with level capacities of one-tenth cubic centimeter or less; (7) chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; (13) ice pipes or chillers; (14) wired cigarette papers; or (15) cocaine freebase kits. (e) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered: (1) instructions, oral or written, provided with the item concerning its use; (2) descriptive materials accompanying the item which explain or depict its use; (3) national and local advertising concerning its use; (4) the manner in which the item is displayed for sale; (5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; (7) the existence and scope of legitimate uses of the item in the community; and (8) expert testimony concerning its use. (f) This subtitle shall not apply to— (1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or (2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and primarily intended for use with tobacco products, including any pipe, paper, or accessory. SEC. 1823. EFFECTIVE DATE. This subtitle shall become effective 90 days after the date of enactment of this Act. Subtitle P— Manufacturing Operations SEC. 1841. MANUFACTURING OPERATION. (a) Part D of the Controlled Substances Act is amended by adding at the end thereof the following new section: “Sec. 416. “establishment of manufacturing operations (a) Except as authorized by this title, it shall be 21 USC 856. unlawful to— “(1) knowingly open or maintain any place for the purpose of manufacturing, distributing, or using any controlled substance; “(2) manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, and knowingly and intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. “(b) Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.”. (b) Section 405A of the Controlled Substances Act is amended— Ante, p. 3207–11. (1) in subsection (a) by inserting after “section 401(a)(1)” the following: “or section 416”; and (2) in subsection (b) by inserting after “section 401(a)(1)” the following: “or section 416”. Subtitle Q— Controlled Substances Technical Amendments SEC. 1861. DUTIES OF DIRECTOR OF ADMINISTRATIVE OFFICE AND AUTHORIZATIONS. (a) Short Title.— This section may be cited as the “Drug and Alcohol Dependent Offenders Treatment Act of 1986”. (b) Permanent Amendment Relating to Duties of Director of Administrative Office.— (1) The section of title 18, United States Code, that is redesignated section 3672 by section 212(a) of the 98 Stat. 1987. Comprehensive Crime Control Act of 1984 is amended by adding at the end thereof: Contracts. “He shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). This authority shall include the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol dependent person, addict, or drug dependent person by eliminating his dependence on alcohol or addicting drugs, or by controlling his dependence and his susceptibility to addiction. He may negotiate and award such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). “He shall pay for presentence studies and reports by qualified consultants and presentence examinations and reports by psychiatric or psychological examiners ordered by the court under 18 USC 3552. subsection (b) or (c) of section 3552, except for studies conducted by the Bureau of Prisons.”. (2) Effective date.18 USC 3672 note. The amendment made by this section shall take effect on the date of the taking effect of such redesignation. (c) Interim Amendment Relating to Duties of Director of Administrative Office.— The second paragraph of section 4255 of title 18, United States Code, is amended to read as follows: Contracts. “The Director of the Administrative Office of the United States Courts shall have the authority to contract with any appropriate public or private agency or person for the detection of and care in the community of an offender who is an alcohol-dependent person, or an addict or a drug-dependent person within the meaning of section 2 of the Public Health Service Act (42 U.S.C. 201). Such authority includes the authority to provide equipment and supplies; testing; medical, educational, social, psychological, and vocational services; corrective and preventive guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol dependent person, addict, or drug dependent person by eliminating that person’s or addict’s dependence on alcohol or addicting drugs, or by controlling that person’s or addict’s dependence and susceptibility to addiction. Such Director may negotiate and award such contracts without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5).”. (d) 18 USC 4255 note. Reauthorization of Contract Services.— Section 4(a) of the Contract Services for Drug Dependent Federal Offenders Act of 1978 is amended— (1) by striking out “and $6,000,000” and inserting “$6,500,000” in lieu thereof; and (2) by striking out the two periods at the end and inserting in lieu thereof “; $12,000,000 for the fiscal year ending September 30, 1987; $14,000,000 for the fiscal year ending September 30, 1988; and $16,000,000 for the fiscal year ending September 30, 1989.”. SEC. 1862. AMENDMENT TO SECTION 608 OF THE TARIFF ACT. (a) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended by striking out “$2,500” and inserting in lieu thereof “$5,000”. (b) Section 608 of such Act, as enacted by Public Law 98–473, is repealed. SEC. 1863. AMENDMENTS TO SECTION 616 OF THE TARIFF ACT. (a) Subsection (c) of section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a(c)) as enacted by Public Law 98–573 is amended by inserting “any other Federal agency or to” after “property forfeited under this Act to”. (b) Section 616 of such Act, as enacted by Public Law 98–473, is 19 USC 1616. repealed. SEC. 1864. CROSS REFERENCE CORRECTIONS. Section 413 of the Controlled Substances Act (21 U.S.C. 853) is amended— (1) in subsection (c) and in the second subsection (h), by striking out “subsection (o)” and inserting “subsection (n)” in lieu thereof; (2) in subsection (f) by striking out “subsection (f)” and inserting “subsection (e)” in lieu thereof; (3) in subsection (i)(1), by striking out “this chapter” and inserting “this title” in lieu thereof; and (4) by redesignating the second subsection (h) as subsection (k). SEC. 1865. WARRANTS RELATING TO SEIZURE. Subsection (b) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(b)) is amended— (1) by striking out “or criminal” after “Any property subject to civil”; (2) in paragraph (4), by striking out “or criminal” after “is subject to civil”; and (3) by adding the following at the end thereof: “The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure.”. 18 USC app. (b) Subsection (i) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(i)) is amended by inserting “, or a violation of State or local law that could have been charged under this title or title III,” after “title III”. SEC. 1866. MINOR TECHNICAL AMENDMENTS. (a) Section 403(a)(2) of the Controlled Substances Act (21 U.S.C. 843(a)(2)) is amended by striking out the period at the end and inserting a semicolon in lieu thereof. (b) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 845a(b)) is amended by striking out “special term” and inserting “term of supervised release” in lieu thereof. (c) Section 405A(c) of the Controlled Substances Act (21 U.S.C. 845a(c)) is amended by striking out “section 4202” and inserting “chapter 311” in lieu thereof. (d) Section 1008(e) of the Controlled Substances Import and Export Act (21 U.S.C. 958(e)) is amended by striking out “section” the first place it appears and inserting “sections” in lieu thereof. (e) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(3)) is amended by striking out “, except as provided in paragraph (4)”. (f) The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended— (1) by inserting after the item relating to section 405 the following: “Sec. 405A. Manufacture or distribution in or near schools. “Sec. 405B. Employment of minors in controlled substance trafficking.”; and (2) by inserting after the item relating to section 414 the following: “Sec. 415. Alternative fine.”. SEC. 1867. MODIFICATION OF COCAINE DEFINITION FOR PURPOSES OF SCHEDULE II. Subsection (a)(4) of schedule II of section 202(c) the Controlled Substances Act (21 U.S.C. 812) is amended to read as follows: “(4) Coca leaves (except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed); cocaine, its salts, optical and geometric isomers, and salts of isomers; and ecgonine, its derivatives, their salts, isomers, and salts of isomers.’. SEC. 1868. AUTHORITY OF ATTORNEY GENERAL TO ENTER INTO CONTRACTS WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES. Section 503(a) of the Controlled Substances Act (21 U.S.C. 873(a)) is amended— (1) by striking out “and” at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following: “(7) notwithstanding any other provision of law, enter into contractual agreements with State and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under this title.”. SEC. 1869. AUTHORITY OF ATTORNEY GENERAL TO DEPUTIZE STATE AND LOCAL LAW ENFORCEMENT OFFICERS FOR CONTROLLED SUBSTANCES ENFORCEMENT. Section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended— (1) by inserting “(a)” before “Any officer or employee”; (2) by inserting after “Drug Enforcement Administration” the 21 USC 802. 21 USC 951. following: “or (with respect to offenses under this title or title III) any State or local law enforcement officer”; and (3) by adding at the end thereof the following new subsection: “(b) State and local law enforcement officers performing functions under this section shall not be deemed Federal employees and shall not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5, United States Code.”. SEC. 1870. CLARIFICATION OF ISOMER DEFINITION. The second and third sentences of section 102(14) of the Controlled Substances Act (21 U.S.C. 802(14)) are each amended by striking out “the” after “the term ‘isomer’ means” and inserting in lieu thereof “any”. Subtitle R— Precursor and Essential Chemical Review SEC. 1901. PRECURSOR AND ESSENTIAL CHEMICAL REVIEW. (a) Study and Report.— The Attorney General shall— (1) conduct a study of the need for legislation, regulation, or alternative methods to control the diversion of legitimate precursor and essential chemicals to the illegal production of drugs of abuse; and (2) report all findings of such study to Congress not later than the end of the 90th day after the date of enactment of this subtitle. (b) Considerations.— In conducting such study the Attorney General shall take into consideration that— (1) clandestine manufacture continues to be a major source of narcotic and dangerous drugs on the illegal drug market; (2) these drugs are produced using a variety of chemicals which are found in commercial channels and which are diverted to illegal uses; (3) steps have been taken to deny drug traffickers access to key precursor chemicals, including that— (A) P2P, a precursor chemical used in the production of amphetamines and methamphetamines was administratively controlled in schedule II of the Controlled Substances by the Drug Enforcement Administration; (B) a variety of controls were placed on piperidine, the precursor for phencyclidine, by the Psychotropic Substance Act of 1978; and 21 USC 801 note. (C) the Drug Enforcement Administration has maintained a voluntary system in cooperation with chemical industry to report suspicious purchases of precursors and essential chemicals; and (4) despite the formal and voluntary systems that currently exist, clandestine production of synthetic narcotics and dangerous drugs continue to contribute to drug trafficking and abuse problems in the United States. Subtitle S— White House Conference for a Drug Free America SEC. 1931. SHORT TITLE. This subtitle may be cited as the “White House Conference for a Drug Free America”. SEC. 1932. ESTABLISHMENT OF THE CONFERENCE. There is established a conference to be known as “The White House Conference for a Drug Free America”. The members of the Conference shall be appointed by the President. SEC. 1933. PURPOSE. The purposes of the Conference are— (1) to share information and experiences in order to vigorously and directly attack drug abuse at all levels, local, State, Federal, and international; (2) to bring public attention to those approaches to drug abuse education and prevention which have been successful in curbing drug abuse and those methods of treatment which have enabled drug abusers to become drug free; (3) to highlight the dimensions of the drug abuse crisis, to examine the progress made in dealing with such crisis, and to assist in formulating a national strategy to thwart sale and solicitation of illicit drugs and to prevent and treat drug abuse; and (4) to examine the essential role of parents and family members in preventing the basic causes of drug abuse and in successful treatment efforts. SEC. 1934. RESPONSIBILITIES OF THE CONFERENCE. The Conference shall specifically review— (1) the effectiveness of law enforcement at the local, State, and Federal levels to prevent the sale and solicitation of illicit drugs and the need to provide greater coordination among such programs; (2) the impact of drug abuse upon American education, examining in particular— (A) the effectiveness of drug education programs in our schools with particular attention to those schools, both public and private, which have maintained a drug free learning environment; (B) the role of colleges and universities in discouraging the illegal use of drugs by studentathletes; and (C) the relationship between drug abuse by student-athletes and college athletic policies, including eligibility and academic requirements, recruiting policies, athletic department financing policies, the establishment of separate campus facilities for athletes, and the demands of practice and lengthy playing seasons; (3) the extent to which Federal, State, and local programs of drug abuse education, prevention, and treatment require reorganization or reform in order to better use available resources and to ensure greater coordination among such programs; (4) the impact of current laws on efforts to control international and domestic trafficking of illicit drugs; (5) the extent to which the sanctions in section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) have been, or should be, used in encouraging foreign states to comply with their international responsibilities respecting controlling substances; and (6) the circumstances contributing to the initiation of illicit drug usage, with particular emphasis on the onset of drug use by youth. SEC. 1935. CONFERENCE PARTICIPANTS. In order to carry out the purposes and responsibilities specified in sections 1933 and 1934, the Conference shall bring together individuals concerned with issues relating to drug abuse education, prevention, and treatment, and the production, trafficking, and distribution of illicit drugs. The President shall— President of U.S. (1) ensure the active participation in the Conference of the heads of appropriate executive and military departments, and agencies, including the Attorney General, the Secretary of Education, the Secretary of Health and Human Services, Secretary of Transportation, and the Director of ACTION; (2) provide for the involvement in the Conference of other appropriate public officials, including Members of Congress, Governors of States, and Mayors of Cities; (3) provide for the involvement in the Conference of private entities, especially parents’ organizations, which have been active in the fight against drug abuse; and (4) provide for the involvement in the Conference of individuals distinguished in medicine, law, drug abuse treatment and prevention, primary, secondary, and postsecondary education, and law enforcement. SEC. 1936. ADMINISTRATIVE PROVISIONS. (a) All Federal departments, agencies, and instrumentalities shall provide such support and assistance as may be necessary to facilitate the planning and administration of the Conference. (b) The President is authorized to appoint and compensate an executive director and such other directors and personnel for the Conference as the President may consider advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 52 of such title 5 USC 5101 et seq. relating to classification and General Schedule pay rates. (c) Upon request by the executive director, the heads of the executive and military departments are authorized to detail employees to work with the executive director in planning and administering the Conference without regard to the provisions of section 3341 of title 5, United States Code. (d) Each participant in the Conference shall be responsible for the expenses of such participant in attending the Conference, and shall not be reimbursed for such expenses from amounts appropriated to carry out this subtitle. SEC. 1937. FINAL REPORT AND FOLLOW-UP ACTIONS. (a) Final Report.— No later than six months after the effective date of this Act, the Conference shall prepare and transmit a final report to the President and to Congress, pursuant to sections 1933 and 1934. The report shall include the findings and recommendations of the Conference as well as proposals for any legislative action necessary to implement such recommendations. (b) Follow-Up Actions.— The President shall report to the Congress annually, during the 3-year period following the submission of the final report of the Conference, on the status and implementation of the findings and recommendations of the Conference. SEC. 1938. AUTHORIZATION. There are hereby authorized to be appropriated $2,000,000 for fiscal year 1988 for purposes of this subtitle. Subtitle T— Common Carrier Operation Under the Influence of Alcohol or Drugs SEC. 1971. OFFENSE. (a) Part I of title 18, United States Code, is amended by inserting after chapter 17, the following: “CHAPTER 17A— COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS “Sec. “341. Definitions. “342. Operation of a common carrier under the influence of alcohol or drugs. “343. Presumptions. “§ 341. Definitions “As used in this chapter, the term ‘common carrier’ means a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier. “§ 342. Operation of a common carrier under the influence of alcohol or drugs “Whoever operates or directs the operation of a common carrier while under the influence of alcohol or drugs, shall be imprisoned not more than five years or fined not more than $10,000, or both. “§ 343. Presumptions “For purposes of this chapter— “(1) an individual with a blood alcohol content of .10 or more shall be conclusively presumed to be under the influence of alcohol; and “(2) an individual shall be conclusively presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.”. (b) The table of chapters for part I of title 18, United States Code, is amended by adding after the item for chapter 17 the following: “17A. Common Carrier Operation Under the Influence of Alcohol or Drugs Federal Drug Law Enforcement Agent Protection Act of 1986. Subtitle U— Federal Drug Law Enforcement Agent Protection Act of 1986 SEC. 1991. SHORT TITLE. This subtitle may be cited as the “Federal Drug Law Enforcement Agent Protection Act of 1986”. SEC. 1992. AMENDMENT TO THE CONTROLLED SUBSTANCES ACT. Subsection (e) of section 511 of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by— (1) inserting after “(e)” the following: “(1)”; (2) redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; and (3) striking out the matter of following subparagraph (D). as redesignated, and inserting in lieu thereof the following: “(2) (A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any moneys forfeited under this title shall be used to pay— “(i) all property expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; and “(ii) awards of up to $100,000 to any individual who provides original information which leads to the arrest and conviction of a person who kills or kidnaps a Federal drug law enforcement agent. Any award paid for information concerning the killing or kidnapping of a Federal drug law enforcement agent, as provided in clause (ii), shall be paid at the discretion of the Attorney General. “(B) The Attorney General shall forward to the Treasurer of the United States for deposit in accordance with section 524(c) of title 28, United States Code, any amounts of such moneys and proceeds remaining after payment of the expenses provided in subparagraph (A).”.

12. 1986

    Narcotics Penalties and Enforcement Act of 1986

    Pub. L. 99–570 § 1004(a) · 100 Stat. 3207

    Substituted · 21 U.S.C. § 960(b)(4)

    Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” in two places.

    Enacted provision · exact public law section
    (a) The Controlled Substances Act and the Controlled Substances 21 USC 801 note. Import and Export Act are amended by striking out “special parole 21 USC 951 note. term” each place it appears and inserting “term of supervised release” in lieu thereof.

13. 1986

    Narcotics Penalties and Enforcement Act of 1986

    Pub. L. 99–570 § 1004(a) · 100 Stat. 3207

    Repealed · 21 U.S.C. § 960(c)

    Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. (c) by Pub. L. 98–473, § 225. See 1984 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. (c) by Pub. L. 98–473, § 225. See 1984 Amendment note below.

    Enacted provision · exact public law section
    (a) The Controlled Substances Act and the Controlled Substances 21 USC 801 note. Import and Export Act are amended by striking out “special parole 21 USC 951 note. term” each place it appears and inserting “term of supervised release” in lieu thereof.

14. 1988

    Anti-Drug Abuse Amendments Act of 1988

    Pub. L. 100–690 § 6475 · 102 Stat. 4181

    Substituted · 21 U.S.C. § 960(a)(3)

    Pub. L. 100–690, § 6475, substituted “manufactures, possesses with intent to distribute, or distributes a controlled substance” for “manufactures or distributes a controlled substance”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 100–690, § 6475, substituted “manufactures, possesses with intent to distribute, or distributes a controlled substance” for “manufactures or distributes a controlled substance”.

    Enacted provision · exact public law section
    SEC. 6475. CLARIFICATION OF PROHIBITION OF POSSESSION WITH INTENT TO DISTRIBUTE CONTROLLED SUBSTANCES ON AIRCRAFT. Section 1010(a)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)(3)) is amended by striking “manufactures or distributes a controlled substance” and inserting “manufactures, possesses with intent to distribute, or distributes a controlled substance”.

15. 1988

    Chemical Diversion and Trafficking Act of 1988

    Pub. L. 100–690 § 6053(c) · 102 Stat. 4181

    Added · 21 U.S.C. § 960(d)

    Pub. L. 100–690, § 6053(c), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–690, § 6053(c), added subsec. (d).

    Enacted provision · exact public law section
    (c) Penalty for Importation or Exportation.— Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by adding at the end the following new subsection: “(d) Any person who knowingly or intentionally— “(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; or “(2) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance in violation of this title or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; shall be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both.”.

16. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 1204(a) · 104 Stat. 4789

    Added · 21 U.S.C. § 960(b)(1)(H)

    Pub. L. 101–647, § 1204(a), added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(H). Pub. L. 101–647, § 1204(a), added subpar. (H).

    Enacted provision · exact public law section
    (a) Large Amounts.— Section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)) is amended by— (1) striking out “or” at the end of subparagraph (F); (2) inserting “or” at the end of subparagraph (G); and (3) adding a new subparagraph (H), as follows: “(H) 100 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.”.

17. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 3599J · 104 Stat. 4789

    Substituted · 21 U.S.C. § 960(b)(2)

    Pub. L. 101–647, § 3599J, substituted “supervised” for “suspervised” in two places in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–647, § 3599J, substituted “supervised” for “suspervised” in two places in concluding provisions.

    Enacted provision · exact public law section
    SEC. 3599J. SECTION 1010 OF THE CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT. Section 1010(b)(2) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)) is amended by striking “suspervised” each place it appears and inserting “supervised”.

18. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 1204(b) · 104 Stat. 4789

    Added · 21 U.S.C. § 960(b)(2)(H)

    Pub. L. 101–647, § 1204(b), added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(H). Pub. L. 101–647, § 1204(b), added subpar. (H).

    Enacted provision · exact public law section
    (b) Small Amounts.— Section 1010(b)(2) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)) is amended by— (1) striking out “or” at the end of subparagraph (F); (2) inserting “or” at the end of subparagraph (G); and (3) adding a new subparagraph (H), as follows: “(H) 10 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.”.

19. 1993

    Pub. L. 103–200 § 5(b) · 107 Stat. 2333

    1. Amended · 21 U.S.C. § 960(d)

       Pub. L. 103–200, § 5(b), as amended by Pub. L. 103–322, § 330024(d)(2)

    2. Added · 21 U.S.C. § 960(d)

       Pub. L. 103–200, § 5(b), as added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–200, § 5(b), as amended by Pub. L. 103–322, § 330024(d)(2), added pars. (5) and (6).

    Enacted provision · exact public law section
    (b) Prohibited Acts A.— Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)), as amended by section 4(b) of this Act, is amended— (1) by striking “or” at the end of paragraph (3); (2) by striking the comma at the end of paragraph (4) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: “(5) imports or exports a listed chemical, with the intent Exports and imports. and to evade the reporting or recordkeeping requirements of section 1018 applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to section 1018(e) (2) or (3) by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; or “(6) imports or exports a listed chemical in violation of section 1007 or 1018,”.

20. 1993

    Pub. L. 103–200 § 4(b) · 107 Stat. 2333

    Amended · 21 U.S.C. § 960(d)

    Pub. L. 103–200, § 4(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any person who knowingly or intentionally—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–200, § 4(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any person who knowingly or intentionally—

    “(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this subchapter or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; or “(2) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance in violation of this subchapter or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; shall be fined in accordance with title 18, or imprisoned not more than 10 years, or both.”

    Enacted provision · exact public law section
    (b) Prohibited Acts A.—Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is amended to read as follows: “(d) A person who knowingly or intentionally— “(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or title II; “(2) exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported; “(3) imports or exports a Hated chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this title or title II; or “(4) exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported, shall be fined in accordance with title 18, imprisoned not more than 10 years, or both.”.

21. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 90105(a) · 108 Stat. 1796

    Substituted · 21 U.S.C. § 960(b)(1); 21 U.S.C. § 960(b)(2)

    Pub. L. 103–322, § 90105(a), in sentence in concluding provisions beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 103–322, § 90105(a), in sentence in concluding provisions beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

    Enacted provision · exact public law section
    (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (1), (2), and (3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the sentence or sentences beginning “If any person commits” by striking “one or more prior convictions” through “have become final” and inserting “a prior conviction for a felony drug offense has become final”.

22. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 90105(a) · 108 Stat. 1796

    Substituted · 21 U.S.C. § 960(b)(3)

    Pub. L. 103–322, § 90105(a), in sentence beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 103–322, § 90105(a), in sentence beginning “If any person commits”, substituted “a prior conviction for a felony drug offense has become final” for “one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

    Enacted provision · exact public law section
    (a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (1), (2), and (3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the sentence or sentences beginning “If any person commits” by striking “one or more prior convictions” through “have become final” and inserting “a prior conviction for a felony drug offense has become final”.

23. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330024(d)(2) · 108 Stat. 1796

    Amended · 21 U.S.C. § 960(d)(5); 21 U.S.C. § 960(d)(6)

    Pub. L. 103–322, § 330024(d)(2), amended directory language of Pub. L. 103–200, § 5(b)(3). See 1993 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(5), (6). Pub. L. 103–322, § 330024(d)(2), amended directory language of Pub. L. 103–200, § 5(b)(3). See 1993 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 5(b)(3) of the Domestic Chemical Diversion Control Act of 1993 is amended by striking “at the end” and 21 USC 960. inserting “after paragraph (4)”.

24. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 302(b) · 110 Stat. 3099

    Substituted · 21 U.S.C. § 960(d)

    Pub. L. 104–237, § 302(b), in closing provisions, substituted “not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical,” for “not more than 10 years,”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–237, § 302(b), in closing provisions, substituted “not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical,” for “not more than 10 years,”.

    Enacted provision · exact public law section
    (b) Controlled Substance Import and Export Act.— Section 1010(d) of the Controlled Substance Import and Export Act (21 U.S.C. 960(d)) is amended by striking “not more than 10 years,” and inserting “not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical,”.

25. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 102(c) · 110 Stat. 3099

    Added · 21 U.S.C. § 960(d)(7)

    Pub. L. 104–237, § 102(c), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 104–237, § 102(c), added par. (7).

    Enacted provision · exact public law section
    (c) Penalties.— Section 1010(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)) is amended— (1) in paragraph (5), by striking “or” at the end; (2) in paragraph (6), by striking the comma at the end and inserting “; or”; and (3) by adding at the end the following: “(7) manufactures, possesses with intent to distribute, or distributes a listed chemical in violation of section 959 of this title.”.

26. 1996

    Drug-Induced Rape Prevention and Punishment Act of 1996

    Pub. L. 104–305 § 2(b)(2)(B) · 110 Stat. 3807

    Inserted · 21 U.S.C. § 960(b)(3)

    Pub. L. 104–305, § 2(b)(2)(B), inserted “or flunitrazepam,” after “schedule I or II,”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 104–305, § 2(b)(2)(B), inserted “or flunitrazepam,” after “schedule I or II,”.

    Enacted provision · exact public law section
    (B) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U. S. C. 960(b)) is amended by inserting “or flunitrazepam,” after “I or II,”.

27. 1996

    Drug-Induced Rape Prevention and Punishment Act of 1996

    Pub. L. 104–305 § 2(b)(2)(C) · 110 Stat. 3807

    Inserted · 21 U.S.C. § 960(b)(4)

    Pub. L. 104–305, § 2(b)(2)(C), inserted “(except a violation involving flunitrazepam)” after “schedule III, IV, or V,”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 104–305, § 2(b)(2)(C), inserted “(except a violation involving flunitrazepam)” after “schedule III, IV, or V,”.

    Enacted provision · exact public law section
    (C) Section 1010(b)(4) of the Controlled Substances Import and Export Act is amended by inserting “(except a violation involving flunitrazepam)” after “III, IV, or V,”,

28. 1998

    Pub. L. 105–277 § 2(b)(1) · 112 Stat. 2681

    Substituted · 21 U.S.C. § 960(b)(1)(H)

    Pub. L. 105–277, § 2(b)(1), substituted “50 grams” and “500 grams” for “100 grams” and “1 kilogram”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(1)(H). Pub. L. 105–277, § 2(b)(1), substituted “50 grams” and “500 grams” for “100 grams” and “1 kilogram”, respectively.

    Enacted provision · exact public law section
    (1) in paragraph (1)(H)— (A) by striking “100 grams” and inserting “50 grams”; and (B) by striking “1 kilogram” and inserting “500 grams”; and

29. 1998

    Pub. L. 105–277 § 2(b)(2) · 112 Stat. 2681

    Substituted · 21 U.S.C. § 960(b)(2)(H)

    Pub. L. 105–277, § 2(b)(2), substituted “5 grams” and “50 grams” for “10 grams” and “100 grams”, respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2)(H). Pub. L. 105–277, § 2(b)(2), substituted “5 grams” and “50 grams” for “10 grams” and “100 grams”, respectively.

    Enacted provision · exact public law section
    (2) in paragraph (2)(H)— (A) by striking “10 grams” and inserting “5 grams”; and (B) by striking “100 grams” and inserting “50 grams”.

30. 2000

    Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000

    Pub. L. 106–172 § 3(b)(2)(A) · 114 Stat. 7

    Inserted · 21 U.S.C. § 960(b)(3)

    Pub. L. 106–172, § 3(b)(2)(A), inserted “gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),” after “schedule I or II,” in first sentence

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 106–172, § 3(b)(2)(A), inserted “gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),” after “schedule I or II,” in first sentence.

    Enacted provision · exact public law section
    (A) In general.— Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(3)) is amended in the first sentence by inserting after “I or II,” the following: “gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),”.

31. 2000

    Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000

    Pub. L. 106–172 § 3(b)(2)(B) · 114 Stat. 7

    Substituted · 21 U.S.C. § 960(b)(4)

    Pub. L. 106–172, § 3(b)(2)(B), substituted “flunitrazepam and except a violation involving gamma hydroxybutyric acid)” for “flunitrazepam)”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 106–172, § 3(b)(2)(B), substituted “flunitrazepam and except a violation involving gamma hydroxybutyric acid)” for “flunitrazepam)”.

    Enacted provision · exact public law section
    (B) Conforming amendment.— Section 1010(b)(4) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(4)) is amended by striking “flunitrazepam)” and inserting the following: “flunitrazepam and except a violation involving gamma hydroxybutyric acid)”.

32. 2002

    21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 3005(b)(1) · 116 Stat. 1758

    Substituted · 21 U.S.C. § 960(b)(1); 21 U.S.C. § 960(b)(2)

    Pub. L. 107–273, § 3005(b)(1), substituted “Notwithstanding section 3583 of title 18, any sentence” for “Any sentence” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 107–273, § 3005(b)(1), substituted “Notwithstanding section 3583 of title 18, any sentence” for “Any sentence” in concluding provisions.

    Enacted provision · exact public law section
    (1) in paragraphs (1), (2), and (3), by striking “Any sentence” and inserting “Notwithstanding section 3583 of title 18, any sentence”; and

33. 2002

    21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 3005(b)(1) · 116 Stat. 1758

    Substituted · 21 U.S.C. § 960(b)(3)

    Pub. L. 107–273, § 3005(b)(1), substituted “Notwithstanding section 3583 of title 18, any sentence” for “Any sentence”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 107–273, § 3005(b)(1), substituted “Notwithstanding section 3583 of title 18, any sentence” for “Any sentence”.

    Enacted provision · exact public law section
    (1) in paragraphs (1), (2), and (3), by striking “Any sentence” and inserting “Notwithstanding section 3583 of title 18, any sentence”; and

34. 2002

    21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 3005(b)(2) · 116 Stat. 1758

    Inserted · 21 U.S.C. § 960(b)(4)

    Pub. L. 107–273, § 3005(b)(2), inserted “notwithstanding section 3583 of title 18,” before “in addition to such term of imprisonment”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 107–273, § 3005(b)(2), inserted “notwithstanding section 3583 of title 18,” before “in addition to such term of imprisonment”.

    Enacted provision · exact public law section
    (2) in paragraph (4), by inserting “notwithstanding section 3583 of title 18,” before “in addition to such term of imprisonment”.

35. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 716(b)(1)(A) · 120 Stat. 192

    Substituted · 21 U.S.C. § 960(d)(5)

    Pub. L. 109–177, § 716(b)(1)(A), substituted “paragraph (2) or (3) of section 971(f) of this title” for “section 971(e)(2) or (3) of this title”

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 109–177, § 716(b)(1)(A), substituted “paragraph (2) or (3) of section 971(f) of this title” for “section 971(e)(2) or (3) of this title”.

    Enacted provision · exact public law section
    (A) in section 1010(d)(5), 21 USC 960. by striking “section 1018(e)(2) or (3)” and inserting “paragraph (2) or (3) of section 1018(f)”; and

36. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 717 · 120 Stat. 192

    Amended · 21 U.S.C. § 960(d)(6)

    Pub. L. 109–177, § 717, amended par. (6) generally. Prior to amendment, par. (6) read as follows: “imports or exports a listed chemical in violation of section 957 or 971 of this title; or”

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 109–177, § 717, amended par. (6) generally. Prior to amendment, par. (6) read as follows: “imports or exports a listed chemical in violation of section 957 or 971 of this title; or”.

    Enacted provision · exact public law section
    SEC. 717. ENFORCEMENT OF RESTRICTIONS ON IMPORTATION AND OF REQUIREMENT OF NOTICE OF TRANSFER.   Section 1010(d)(6) of the Controlled Substances Import and Export Act (21 U.S.C. 960(d)(6)) is amended to read as follows: “(6) imports a listed chemical in violation of section 1002, imports or exports such a chemical in violation of section 1007 or 1018, or transfers such a chemical in violation of section 1018(d); or” .

37. 2008

    Ryan Haight Online Pharmacy Consumer Protection Act of 2008

    Pub. L. 110–425 § 3(i)(3) · 122 Stat. 4820

    Struck · 21 U.S.C. § 960(b)(3)

    Pub. L. 110–425, § 3(i)(3), struck out before period at end “, nor shall a person so sentenced be eligible for parole during the term of such a sentence”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 110–425, § 3(i)(3), struck out before period at end “, nor shall a person so sentenced be eligible for parole during the term of such a sentence”.

    Enacted provision · exact public law section
    (3) in paragraph (3), by striking “, nor shall a person so sentenced be eligible for parole during the term of such a sentence” in the final sentence.

38. 2008

    Ryan Haight Online Pharmacy Consumer Protection Act of 2008

    Pub. L. 110–425 § 3(i)(1) · 122 Stat. 4820

    1. Inserted · 21 U.S.C. § 960(b)(4)

       Pub. L. 110–425, § 3(i)(1), inserted “or” after “hashish,”

    2. Struck · 21 U.S.C. § 960(b)(4)

       Pub. L. 110–425, § 3(i)(1), struck out “or any quantity of a controlled substance in schedule III, IV, or V, (except a violation involving flunitrazepam and except a violation involving gamma hydroxybutyric acid)” after “hashish oil,”

    3. Substituted · 21 U.S.C. § 960(b)(4)

       Pub. L. 110–425, § 3(i)(1), substituted “sentenced in accordance with section 841(b)(1)(D) of this title” for “imprisoned not more than five years, or be fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, notwithstanding section 3583 of title 18, in addition to such term of imprisonment, include (A) a term of supervised release of not less than two years if such controlled substance is in schedule I, II, III, or (B) a term of supervised release of not less than one year if such controlled substance is in schedule IV”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 110–425, § 3(i)(1), inserted “or” after “hashish,”, struck out “or any quantity of a controlled substance in schedule III, IV, or V, (except a violation involving flunitrazepam and except a violation involving gamma hydroxybutyric acid)” after “hashish oil,”, and substituted “sentenced in accordance with section 841(b)(1)(D) of this title” for “imprisoned not more than five years, or be fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, notwithstanding section 3583 of title 18, in addition to such term of imprisonment, include (A) a term of supervised release of not less than two years if such controlled substance is in schedule I, II, III, or (B) a term of supervised release of not less than one year if such controlled substance is in schedule IV”.

    Enacted provision · exact public law section
    (1) in paragraph (4)— (A) by striking “or any quantity of a controlled substance in schedule III, IV, or V, (except a violation involving flunitrazepam and except a violation involving gamma hydroxybutyric acid)”; (B) by inserting “or” before “less than one kilogram of hashish oil”; and (C) by striking “imprisoned” and all that follows through the end of the paragraph and inserting “sentenced in accordance with section 401(b)(1)(D).”;

39. 2008

    Ryan Haight Online Pharmacy Consumer Protection Act of 2008

    Pub. L. 110–425 § 3(i)(2) · 122 Stat. 4820

    Added · 21 U.S.C. § 960(b)(5)(7)

    Pub. L. 110–425, § 3(i)(2), added pars. (5) to (7)

    Source evidence

    Code amendment note
    Subsec. (b)(5) to (7). Pub. L. 110–425, § 3(i)(2), added pars. (5) to (7).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(5) In the case of a violation of subsection (a) involving a controlled substance in schedule III, such person shall be sentenced in accordance with section 401(b)(1). “(6) In the case of a violation of subsection (a) involving a controlled substance in schedule IV, such person shall be sentenced in accordance with section 401(b)(2). “(7) In the case of a violation of subsection (a) involving a controlled substance in schedule V, such person shall be sentenced in accordance with section 401(b)(3).” ; and

40. 2010

    Fair Sentencing Act of 2010

    Pub. L. 111–220 § 4(b)(1) · 124 Stat. 2372

    1. Substituted · 21 U.S.C. § 960(b)(1)

       Pub. L. 111–220, § 4(b)(1), in concluding provisions, substituted “$10,000,000” for “$4,000,000”

    2. Substituted · 21 U.S.C. § 960(b)(1)

       Pub. L. 111–220, § 4(b)(1), in concluding provisions, substituted “$50,000,000” for “$10,000,000”

    3. Substituted · 21 U.S.C. § 960(b)(1)

       Pub. L. 111–220, § 4(b)(1), in concluding provisions, substituted “$20,000,000” for “$8,000,000”

    4. Substituted · 21 U.S.C. § 960(b)(1)

       Pub. L. 111–220, § 4(b)(1), in concluding provisions, substituted “$75,000,000” for “$20,000,000”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–220, § 4(b)(1), in concluding provisions, substituted “$10,000,000” for “$4,000,000”, “$50,000,000” for “$10,000,000”, “$20,000,000” for “$8,000,000”, and “$75,000,000” for “$20,000,000”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “$4,000,000”, “$10,000,000”, “$8,000,000”, and “$20,000,000” and inserting“$10,000,000”, “$50,000,000”, “$20,000,000”, and “$75,000,000”, respectively; and

41. 2010

    Fair Sentencing Act of 2010

    Pub. L. 111–220 § 2(b)(1) · 124 Stat. 2372

    Substituted · 21 U.S.C. § 960(b)(1)(C)

    Pub. L. 111–220, § 2(b)(1), substituted “280 grams” for “50 grams”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 111–220, § 2(b)(1), substituted “280 grams” for “50 grams”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(C), by striking “50 grams” and inserting “280 grams”; and

42. 2010

    Fair Sentencing Act of 2010

    Pub. L. 111–220 § 4(b)(2) · 124 Stat. 2372

    1. Substituted · 21 U.S.C. § 960(b)(2)

       Pub. L. 111–220, § 4(b)(2), in concluding provisions, substituted “$5,000,000” for “$2,000,000”

    2. Substituted · 21 U.S.C. § 960(b)(2)

       Pub. L. 111–220, § 4(b)(2), in concluding provisions, substituted “$25,000,000” for “$5,000,000”

    3. Substituted · 21 U.S.C. § 960(b)(2)

       Pub. L. 111–220, § 4(b)(2), in concluding provisions, substituted “$8,000,000” for “$4,000,000”

    4. Substituted · 21 U.S.C. § 960(b)(2)

       Pub. L. 111–220, § 4(b)(2), in concluding provisions, substituted “$50,000,000” for “$10,000,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 111–220, § 4(b)(2), in concluding provisions, substituted “$5,000,000” for “$2,000,000”, “$25,000,000” for “$5,000,000”, “$8,000,000” for “$4,000,000”, and “$50,000,000” for “$10,000,000”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “$2,000,000”, “$5,000,000”, “$4,000,000”, and “$10,000,000” and inserting “$5,000,000”, “$25,000,000”, “$8,000,000”, and “$50,000,000”, respectively.

43. 2010

    Fair Sentencing Act of 2010

    Pub. L. 111–220 § 2(b)(2) · 124 Stat. 2372

    Substituted · 21 U.S.C. § 960(b)(2)(C)

    Pub. L. 111–220, § 2(b)(2), substituted “28 grams” for “5 grams”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 111–220, § 2(b)(2), substituted “28 grams” for “5 grams”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(C), by striking “5 grams” and inserting “28 grams”.

44. 2014

    Designer Anabolic Steroid Control Act of 2014

    Pub. L. 113–260 § 3(b) · 128 Stat. 2929

    Inserted · 21 U.S.C. § 960(a)(1)

    Pub. L. 113–260 inserted “825,” before “952”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–260 inserted “825,” before “952”.

    Enacted provision · exact public law section
    (b) Clarification to Import and Export Statute.— Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended, in subsection (a)(1), by inserting “305,” before “1002”.

45. 2018

    First Step Act of 2018

    Pub. L. 115–391 § 401(b)(1) · 132 Stat. 5194

    Substituted · 21 U.S.C. § 960(b)(1)

    Pub. L. 115–391, § 401(b)(1), in concluding provisions, substituted “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years” for “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–391, § 401(b)(1), in concluding provisions, substituted “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years” for “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years”.

    Enacted provision · exact public law section
    (1) in paragraph (1), in the matter following subparagraph (H), by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years” and inserting “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years”; and

    Effective date note
    Amendment by Pub. L. 115–391 applicable to any offense that was committed before Dec. 21, 2018, if a sentence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. L. 115–391, set out as a note under section 802 of this title.

46. 2018

    First Step Act of 2018

    Pub. L. 115–391 § 401(b)(2) · 132 Stat. 5194

    Substituted · 21 U.S.C. § 960(b)(2)

    Pub. L. 115–391, § 401(b)(2), substituted “serious drug felony or serious violent felony” for “felony drug offense” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–391, § 401(b)(2), substituted “serious drug felony or serious violent felony” for “felony drug offense” in concluding provisions.

    Enacted provision · exact public law section
    (2) in paragraph (2), in the matter following subparagraph (H), by striking “felony drug offense” and inserting “serious drug felony or serious violent felony”.

    Effective date note
    Amendment by Pub. L. 115–391 applicable to any offense that was committed before Dec. 21, 2018, if a sentence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. L. 115–391, set out as a note under section 802 of this title.

47. 2025

    Pub. L. 119–26 § 6(b)(1) · 139 Stat. 417

    Inserted · 21 U.S.C. § 960(b)(1)(F)

    Pub. L. 119–26, § 6(b)(1), inserted “or a fentanyl-related substance” after “any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide”

    Unresolved: Pub. L. 119–26 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F). Pub. L. 119–26, § 6(b)(1), inserted “or a fentanyl-related substance” after “any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide”.

48. 2025

    Pub. L. 119–26 § 6(b)(2) · 139 Stat. 417

    Inserted · 21 U.S.C. § 960(b)(2)(F)

    Pub. L. 119–26, § 6(b)(2), inserted “or a fentanyl-related substance” after “any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide”

    Unresolved: Pub. L. 119–26 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 119–26, § 6(b)(2), inserted “or a fentanyl-related substance” after “any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide”.

62 of 65 references resolved to an enrolled provision · 1 partial · 2 unresolved