relies upon, that the defendant is involved in a continuing criminal enterprise, the court shall sentence him to a term of imprisonment for life, or for not less than five years, a fine of $50,000, and a forfeiture to the United States of: (1) the profits obtained by any activity in violation of the Act, (2) any interest acquired or maintained in violation of the Act, and (3) any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over, any enterprise which established, operated, controlled, conducted, or participated in the conduct of, in violation of the Act. Otherwise it shall sentence the defendant in accordance with the law prescribing penalties for such offense. The court shall place in the record its findings, including an identification of the information relied upon in making such findings, and its reasons for the sentence imposed.

(c) A second or subsequent offense under this section is punishable by a term of imprisonment for life, or for not less than ten years, a fine of $100,000, and a forfeiture to the United States of: (1) the profits obtained by any activity in violation of the Act, (2) any interest acquired or maintained in violation of the Act, and (3) any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over, any enterprise which established, operated, controlled, conducted, or participated in the conduct of, in violation of the Act.

(d) For any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and section 4202 of title 18 of the United States Code and the Act of July 15, 1932 (47 Stat. 696; D.C. Code 24-201 and following) as amended, shall not apply.

(e) In any action brought by the United States under this section, the district courts of the United States shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this section, as it shall deem proper.

(f) A defendant shall be deemed involved in a continuing criminal enterprise for purposes of this section if the court determines, by a preponderance of the evidence, that the convicted person

(1) played a substantial role in a continuing criminal enterprise involving any violations of this Act punishable by imprisonment for more than one year in concert with at least five other persons and occupied a position of organizer, a supervisory position, or other position of management; or

(2) played a substantial role in a continuing criminal enterprise involving any violations of this Act punishable by imprisonment for more than one year and has or has had in his own name or under his control substantial income or resources not demonstrated to have been derived from lawful activities or interests.

(g) The time for taking an appeal from a conviction for which sentence is imposed after proceedings under this section shall be measured from imposition off the original sentence

(h) With respect to any sentence imposed on the defendant after proceedings under this section, a review may be taken by the defendant or the United States or both to a court of appeals. Any review by the United States shall be taken at least five days before expiration of the time for taking a review or appeal by the defendant and shall be diligently prosecuted.

The sentencing court may, with or without motion and notice, extend the time for taking a review for a period not to exceed thirty days from the expiration of the time otherwise prescribed by law. The court shall not extend the time for taking a review by the United States after the time has expired. A court extending the time for taking a review by the United States shall extend the time for taking a review or appeal by the defendant for the same period. The court of appeals may, after considering the record, including the presentence report, information submitted during the trial of such felony and the sentencing hearing, and the findings and reasons of the sentencing court, affirm the sentence, impose or direct the imposition of any sentence which the sentencing court could originally have imposed, or remand for further sentencing proceedings and imposition of sentence, except that a sentence may be increased or otherwise changed to the disadvantage of the defendant only on review taken by the United States and after hearing. Any withdrawal of review taken by the United States shall foreclose change to the disadvantaged but not change to the advantaged of the defendant. Any review taken by the United States may be dismissed on a showing of abuse of the right of the United States to take such review.

(i) No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.

TITLE VI-ADMINISTRATIVE PROVISIONS

DELEGATION OF AUTHORITY—RULES, REGULATIONS, AND PROCEDURESREQUESTS AND GIFTS

SEC. 601. The Attorney General may delegate any of his functions under this Act to any officer or employee of the Department of Justice. He may promulgate and enforce any rules, regulations, and procedures which he may deem necessary and appropriate for the efficient execution of his functions under this Act. He may accept in the name of the Department of Justice any form of devise, bequest, gift, or donation where the donor intends to donate property for the purpose of preventing or controlling the abuse of dangerous substances. He may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey any such property other than moneys.

EDUCATION AND RESEARCH

SEC. 602. (a) The Attorney General is authorized and directed to carry out educational and research programs necessary for the effective enforcement of this Act. In connection with such programs he is authorized

to

(1) establish methods to assess accurately the effects of controlled dangerous substances and to identify and characterize controlled dangerous substances with potential for abuse;

(2) enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, or special projects which bear directly on misuse and abuse of controlled dangerous substances.

(b) The Attorney General may enter into contracts for educational and research activities without performance bonds and without regard to section 5 of title 41, United States Code.

(c) The Attorney General may authorize persons engaged in research on the use and effects of dangerous substances to withhold the names and other identifying characteristics of person who are the subjects of such research. Persons who obtain this authorization may not be compelled in any Federal or State civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained.

(d) The Attorney General may authorize the possession and distribution of controlled dangerous substances by persons engaged in research. Persons who obtain this authorization shall be exempt from State or Federal prosecution for possession and distribution of dangerous substances to the extent authorized by the Attorney General.

COOPERATIVE ARRANGEMENTS

SEC. 603. (a) The Attorney General shall cooperate with local, State, and Federal agencies in discharging the national and international obligations of the United States concerning traffic in dangerous substances and in suppressing the abuse of dangerous substances. To this end, he is authorized to

(1) arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;

(2) cooperate in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States;

(3) conduct training programs on dangerous substance law enforcement for local, State, and Federal personnel;

(4) maintain in the Bureau of Narcotics and Dangerous Drugs a unit which will accept, catalog, file, and otherwise utilize all information and statistics, including records of dangerous substance addicts and other dangerous substance law offenders, which may be received from Federal, State, and local agencies, and make such information available for Federal, State, and local law enforcement purposes;

(5) conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled dangerous substances may be extracted.

(b) When requested by the Attorney General, it shall be the duty of any agency or instrumentality of the Federal Government to furnish assistance, including technical advice, to him for carrying out the purposes of this

Act.

SCIENTIFIC ADVISORY COMMITTEE

SEC. 604. (a) The Attorney General shall appoint a committee of experts to advise him with respect to dangerous substances which may be subject to control under this Act, including advice with respect to whether a drug should be controlled pursuant to the criteria contained in section 201 and which schedule is most appropriate for a controlled dangerous substance in accordance with the criteria established in section 202.

(1) The Advisory Committee shall be composed of persons selected by the Attorney General after consultation with the Secretary of Health, Education, and Welfare from a list drawn by the National Academy of Sciences. Such persons shall be qualified as experts and have diversified professional backgrounds. If the National Academy of Sciences is unable or refuses to act, the Attorney General shall select the membership of the Committee from

other sources. The size of the Committee may be determined by the Attorney General but shall not be less than five persons. Each member of the Committee shall serve for a term of one year and until his successor is appointed and qualifies, and shall be eligible for reappointment.

(2) Members of the Committee shall be entitled to receive compensation at the rate now or hereafter provided for a grade GS-18 of the General Schedule for employees for each day (including traveltime) during which they are engaged in the actual performance of duties for the Committee, members of the Committee shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subsection (i) of chapter 57 of title 5, United States Code. The Attorney General shall furnish the Committee with adequate clerical and other assistance, and shall by rules and regulations prescribe the procedure to be followed by the Committee.

(3) The Attorney General may establish a time limit for the Committee's submission of a written report required by section 201 of this Act.

(4) Referral of a matter to the Committee shall not suspend any administrative proceeding unless the Attorney General so directs.

(b) The Attorney General may from time to time appoint other committees to advise him with respect to preventing and controlling the abuse of dangerous substances. Members of the Committee may be entitled to receive compensation at the rate now or hereafter provided for a grade GS-18 of the General Schedule for employees for each day (including traveltime) during which they are engaged in the actual performance of duties. While traveling on official business in the performance of duties for the Committee, members of the Committee shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subsection (i) of chapter 57 of title 5, United States Code.

ADMINISTRATIVE HEARINGS

SEc. 675. (a) In carrying out his functions, the Attorney General may hold hearings, sign and issue subpenas, administer oaths, examine witnesses and receive evidence at any place in the United States.

(b) Except as otherwise provided in this Act, notice shall be given and hearings shall be conducted under appropriate procedures of subchapter II of chapter 5, title 5, United States Code.

SUBPENAS

SEC. 606. (a) In any matter relating to the control of dangerous substances, the Attorney General is empowered to subpena witnesses, compel their attendance and testimony, and require the production of any records (including books, papers, documents, and tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing: Provided, That a witness shall not be required to appear at any hearing more than five hundred miles distant from the place where he was served with subpena. Witnesses summoned by the Attorney General shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(b) A subpena of the Attorney General may be served by any person designated in the subpena to serve it. Service upon a natural person may be made by personal delivery of the subpena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, be delivering 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.

(c) In the case of contumacy by or refusal to obey a subpena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, carries on business or may be found, to compel compliance with the subpena of the Attorney General. The court may issue an order requiring the subpenaed person to appear before the Attorney General, to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any judicial district in which such person may be found.

JUDICIAL REVIEW

SEC. 607. All final determinations, findings, and conclusions of the Attorney General under this Act shall be final and conclusive decisions of the matters involved, except that any person aggrieved by a final decision of the Attorney General may obtain review of the decision in the United States Court of Appeals for the District of Columbia Circuit or for the the circuit in which his principal place of business is located upon petition filed with the court and delivered to the Attorney General within thirty days after notice of the decision. Findings of fact by the Attorney General, if supported by substantial evidence, shall be conclusive.

TITLE VII-ENFORCEMENT PROVISIONS

POWERS OF ENFORCEMENT PERSONNEL

SEC. 701. (a) Any officer or employee of the Bureau of Narcotics and Dangerous Drugs of the Department of Justice designated by the Attorney General may;

(1) carry firearms:

(2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States:

(3) make arrests without warrant for any offense against the United States committed in his presence, or for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony: (4) make seizures of property pursuant to the provisions of this Act; and,

(5) perform such other law enforcement duties as the Attorney General may designate.

(b) Nothing in this Act shall derogate from the authority of the Secretary of the Treasury under the customs and related laws.