91 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 406
novo, and shall include the right of a trial by jury, the right to counsel, and the right to confront witnesses. The facts of the viola- tion shall be proved beyond a reasonable doubt.
(h) CIVIL ACTION.—If an individual does not request a hearing pursuant to subsection (e) and the Attorney General issues an order pursuant to such subsection, or if an individual does not under subsection (g) seek judicial review of such an order, the At- torney General may commence a civil action in any appropriate dis- trict court of the United States for the purpose of recovering the amount assessed and an amount representing interest at a rate computed in accordance with section 1961 of title 28, United States Code. Such interest shall accrue from the expiration of the 30-day period described in subsection (g). In such an action, the decision of the Attorney General to issue the order, and the amount of the penalty assessed by the Attorney General, shall not be subject to review.
(i) LIMITATION.—The Attorney General may not under this sub- section39 commence proceeding against an individual after the ex- piration of the 5-year period beginning on the date on which the individual allegedly violated subsection (a).
(j) EXPUNGEMENT PROCEDURES.—The Attorney General shall dismiss the proceedings under this section against an individual upon application of such individual at any time after the expiration of 3 years if—
(1) the individual has not previously been assessed a civil penalty under this section;
(2) the individual has paid the assessment;
(3) the individual has complied with any conditions im- posed by the Attorney General;
(4) the individual has not been convicted of a Federal or State offense relating to a controlled substance; and
(5) the individual agrees to submit to a drug test, and such test shows the individual to be drug free.
A nonpublic record of a disposition under this subsection shall be retained by the Department of Justice solely for the purpose of de- termining in any subsequent proceeding whether the person quali- fied for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose.
ATTEMPT AND CONSPIRACY
SEC. 406. ΓΈ21 U.S.C. 846¿ Any person who attempts or con- spires to commit any offense defined in this title shall be subject to the same penalties as those prescribed for the offense, the com- mission of which was the object of the attempt or conspiracy.
39 So in law. See section 6486(i) of Public Law 100–690 (102 Stat. 4384). Probably should be ‘‘section’’. (Section 6486(i) of such Public Law was transferred to this Act and redesignated as section 405 by section 1002(g)(1) of Public Law 101–647 (104 Stat. 4828).)
January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017
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