21 U.S.C. § 965 — Applicability of part E of subchapter I

Page 906 TITLE 21—FOOD AND DRUGS § 962 finds that the violation was so committed, such person shall be sentenced to imprison- ment for not more than one year or a fine of not more than $25,000 or both. (Pub. L. 91–513, title III, § 1011, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 100–690, title VI, § 6053(d), Nov. 18, 1988, 102 Stat. 4316.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘or fails to notify the Attorney General of an importation or exportation under section 971 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 962. Second or subsequent offenses (a) Term of imprisonment and fine Any person convicted of any offense under this subchapter is, if the offense is a second or subse- quent offense, punishable by a term of imprison- ment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 960(b) of this title, and if it is the offend- er’s second or subsequent offense, the court shall impose, in addition to any term of impris- onment and fine, twice the term of supervised release otherwise authorized. (b) Determination of status For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such of- fense, one or more prior convictions of such per- son for a felony drug offense have become final. (c) Procedures applicable Section 851 of this title shall apply with re- spect to any proceeding to sentence a person under this section. (Pub. L. 91–513, title III, § 1012, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 98–473, title II, §§ 225(b), 505, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99–570, title I, §§ 1004(a), 1005(c), Oct. 27, 1986, 100 Stat. 3207–6; Pub. L. 103–322, title IX, § 90105(b), Sept. 13, 1994, 108 Stat. 1988.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘one or more prior convictions of such person for a felony drug offense have become final’’ for ‘‘one or more prior con- victions of him for a felony under any provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country re- lating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final’’. 1986—Subsec. (a). Pub. L. 99–570, § 1005(c), amended Pub. L. 98–473, § 225. See 1984 Amendment note below. Pub. L. 99–570, § 1004(a), substituted ‘‘term of super- vised release’’ for ‘‘special parole term’’. 1984—Subsec. (a). Pub. L. 98–473, § 225(b), which di- rected amendment of this section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98–473 set out as an Ef- fective 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). Subsec. (b). Pub. L. 98–473, § 505, inserted references to laws of a State or of a foreign country. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1004(a) of Pub. L. 99–570 effec- tive on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see sec- tion 1004(b) of Pub. L. 99–570 set out as a note under sec- tion 841 of this title. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 963. Attempt and conspiracy Any person who attempts or conspires to com- mit any offense defined in this subchapter shall be subject to the same penalties as those pre- scribed for the offense, the commission of which was the object of the attempt or conspiracy. (Pub. L. 91–513, title III, § 1013, Oct. 27, 1970, 84 Stat. 1291; Pub. L. 100–690, title VI, § 6470(a), Nov. 18, 1988, 102 Stat. 4377.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘shall be subject to the same penalties as those prescribed for the offense’’ for ‘‘is punishable by imprisonment or fine or both which may not exceed the maximum punishment pre- scribed for the offense’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 964. Additional penalties Any penalty imposed for violation of this sub- chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanc- tion authorized by law. (Pub. L. 91–513, title III, § 1014, Oct. 27, 1970, 84 Stat. 1291.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 965. Applicability of part E of subchapter I Part E of subchapter I shall apply with respect to functions of the Attorney General (and of of- ficers and employees of the Bureau of Narcotics and Dangerous Drugs) under this subchapter, to Page 907 TITLE 21—FOOD AND DRUGS § 968 administrative and judicial proceedings under this subchapter, and to violations of this sub- chapter, to the same extent that such part ap- plies to functions of the Attorney General (and such officers and employees) under subchapter I, to such proceedings under subchapter I, and to violations of subchapter I. For purposes of the application of this section to section 880 or 881 of this title, any reference in such section 880 or 881 of this title to ‘‘this subchapter’’ shall be deemed to be a reference to this subchapter, any reference to section 823 of this title shall be deemed to be a reference to section 958 of this title, and any reference to section 822(d) of this title shall be deemed to be a reference to section 957(b)(2) of this title. (Pub. L. 91–513, title III, § 1015, Oct. 27, 1970, 84 Stat. 1291; Pub. L. 95–633, title III, § 301(b), Nov. 10, 1978, 92 Stat. 3778.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–633 inserted ‘‘or 881’’ after ‘‘880’’ wherever appearing. Executive Documents TRANSFER OF FUNCTIONS For abolition of Bureau of Narcotics and Dangerous Drugs, including Office of Director thereof, and cre- ation of a single comprehensive agency for enforcement of drug laws by Reorg. Plan No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, see note set out under section 881 of this title. § 966. Authority of Secretary of the Treasury Nothing in this chapter shall derogate from the authority of the Secretary of the Treasury under the customs and related laws. (Pub. L. 91–513, title III, § 1016, Oct. 27, 1970, 84 Stat. 1291.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. § 967. Smuggling of controlled substances; inves- tigations; oaths; subpenas; witnesses; evi- dence; production of records; territorial lim- its; fees and mileage of witnesses For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of sec- tion 545 of title 18 (relating to smuggling goods into the United States) with respect to any con- trolled substance (as defined in section 802 of this title), the Secretary of the Treasury may administer oaths and affirmations, subpena wit- nesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a wit- ness shall not be required to appear at any hear- ing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affir- mations may be made at any place subject to the jurisdiction of the United States. (Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684; Pub. L. 91–513, title III, § 1102(t), Oct. 27, 1970, 84 Stat. 1294.) Editorial Notes CODIFICATION Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter. Section was formerly classified to section 1034 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Section was also formerly classified to section 198a of this title. AMENDMENTS 1970—Pub. L. 91–513 substituted ‘‘section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)’’ for ‘‘the laws of the United States relating to narcotic drugs and marihuana’’ and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required, and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is rel- evant or material to the investigation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of this title. SAVINGS PROVISION Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under sections 171 to 174 of this title. § 968. Service of subpena; proof of service A subpena of the Secretary of the Treasury may be served by any person designated in the subpena to serve it. Service upon a natural per- son may be made by personal delivery of the subpena to him. Service may be made upon a do- mestic or foreign corporation or upon a partner- ship or other unincorporated association which is subject to suit under a common name, by de- livering the subpena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (Aug. 11, 1955, ch. 800, § 2, 69 Stat. 685.)