-CITE-
21 USC Sec. 881 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER I - CONTROL AND
ENFORCEMENT
Part E - Administrative and
Enforcement Provisions
-HEAD-
Sec. 881. Forfeitures
-STATUTE-
(a) Subject
property
The following shall
be subject to forfeiture to the United States and
no property right shall exist in them:
(1) All controlled substances
which have been manufactured, distributed,
dispensed, or acquired in violation of this subchapter.
(2) All raw materials,
products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance or listed chemical in violation of this subchapter.
(3) All property which is
used, or intended for use, as a container
for property described in paragraph (1), (2), or (9).
(4) All
conveyances, including aircraft, vehicles, or vessels, which
are used, or are intended for use, to transport, or in any manner
to facilitate the transportation, sale, receipt, possession,
or concealment of property described in paragraph (1),
(2), or (9).
(5) All books, records,
and research, including formulas, microfilm, tapes, and data which
are used, or intended for use, in violation of this subchapter.
(6) All
moneys, negotiable instruments, securities, or other things of value
furnished or intended to be furnished by any person in exchange for
a controlled substance or listed chemical in violation of this subchapter,
all proceeds traceable to such an exchange, and all moneys, negotiable
instruments, and securities used or intended to be used to facilitate
any violation of this
subchapter.
(7) All
real property, including any right, title, and interest (including
any leasehold interest) in the whole of any lot or tract of land and
any appurtenances or improvements, which is used, or intended to be
used, in any manner or part, to commit, or to facilitate the commission
of, a violation of this subchapter punishable by more than one year's
imprisonment.
(8) All controlled substances
which have been possessed in violation
of this subchapter.
(9) All listed chemicals,
all drug manufacturing equipment, all tableting
machines, all encapsulating machines, and all gelatin capsules,
which have been imported, exported, manufactured, possessed,
distributed, dispensed, acquired, or intended to be distributed,
dispensed, acquired, imported, or exported, in violation
of this subchapter or subchapter II of this chapter.
(10) Any drug paraphernalia
(as defined in section 1822 of the Mail Order Drug Paraphernalia Control
Act). (FOOTNOTE 1)
(FOOTNOTE 1) See References
in Text note below.
(11) Any firearm (as defined
in section 921 of title 18) used or intended to be used to facilitate
the transportation, sale, receipt, possession, or concealment of property
described in paragraph (1) or (2) and any proceeds traceable to such
property.
(b) Seizure
procedures
Any property subject
to forfeiture to the United States under this
section may be seized by the Attorney General in the manner set
forth in section 981(b) of title 18.
(c) Custody
of Attorney General
Property taken or detained
under this section shall not be repleviable,
but shall be deemed to be in the custody of the Attorney
General, subject only to the orders and decrees of the court
or the official having jurisdiction thereof. Whenever property
is seized under any of the provisions of this subchapter, the
Attorney General 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) Other
laws and proceedings applicable
The provisions of law relating
to the seizure, summary and judicial
forfeiture, and condemnation of property for violation of the
customs laws; the disposition of such property or the proceeds from
the sale thereof; the remission or mitigation of such forfeitures;
and the compromise of claims shall apply to seizures and
forfeitures incurred, or alleged to have been incurred, under any
of the provisions of this subchapter, insofar as applicable and not
inconsistent with the provisions hereof; 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 subchapter by such officers, agents,
or other persons as may be authorized or designated for that
purpose by the Attorney General, except to the extent that such
duties arise from seizures and forfeitures effected by any customs
officer.
(e) Disposition
of forfeited property
(1) Whenever property is
civilly or criminally forfeited under this
subchapter the Attorney General may -
(A) retain the property
for official use or, in the manner provided with respect to transfers
under section 1616a of title 19, transfer the property to any Federal
agency or to any State or local law enforcement agency which participated
directly in the seizure or forfeiture of the property;
(B) except as provided
in paragraph (4), sell, by public sale or any other commercially
feasible means, any forfeited property which is not required to
be destroyed by law and which is not harmful to the public;
(C) require that the General
Services Administration take custody of the property and dispose
of it in accordance with law;
(D) forward it to the
Bureau of Narcotics and Dangerous Drugs for disposition (including
delivery for medical or scientific use to any Federal or State agency
under regulations of the Attorney General); or
(E) transfer the forfeited
personal property or the proceeds of the
sale of any forfeited personal or real property to any foreign
country which participated directly or indirectly in the seizure
or forfeiture of the property, if such a transfer -
(i) has been agreed
to by the Secretary of State;
(ii) is authorized in
an international agreement between the United States and the foreign
country; and
(iii) is made to a country
which, if applicable, has been certified
under section 2291j(b) of title 22.
(2)(A) The proceeds from
any sale under subparagraph (B) of paragraph
(1) and any moneys forfeited under this subchapter 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, any amounts of such moneys and proceeds remaining after payment
of the expenses provided in subparagraph (A), except that, with
respect to forfeitures conducted by the Postal Service, the Postal
Service shall deposit in the Postal Service Fund, under section
2003(b)(7) of title 39, such moneys and proceeds.
(3) The Attorney General
shall assure that any property transferred
to a State or local law enforcement agency under paragraph
(1)(A) -
(A) has a value that bears
a reasonable relationship to the degree
of direct participation of the State or local agency in the
law enforcement effort resulting in the forfeiture, taking into
account the total value of all property forfeited and the total
law enforcement effort with respect to the violation of law on
which the forfeiture is based; and
(B)
will serve to encourage further cooperation between the recipient
State or local agency and Federal law enforcement agencies.
(4)(A) With respect to real
property described in subparagraph (B),
if the chief executive officer of the State involved submits to
the Attorney General a request for purposes of such subparagraph,
the authority established in such subparagraph is in lieu
of the authority established in paragraph (1)(B).
(B) In the case of property
described in paragraph (1)(B) that is civilly
or criminally forfeited under this subchapter, if the property
is real property that is appropriate for use as a public area
reserved for recreational or historic purposes or for the preservation
of natural conditions, the Attorney General, upon the request
of the chief executive officer of the State in which the property
is located, may transfer title to the property to the State,
either without charge or for a nominal charge, through a legal
instrument providing that -
(i) such use will be
the principal use of the property; and
(ii) title to the property
reverts to the United States in the event that the property is
used otherwise.
(f) Forfeiture
and destruction of schedule I and II substances
(1) All controlled substances
in schedule I or II that are possessed, transferred, sold, or offered
for sale in violation of the provisions of this subchapter; all dangerous,
toxic, or hazardous raw materials or products subject to forfeiture
under subsection (a)(2)
of this section; and any equipment or container subject
to forfeiture under subsection (a)(2) or (3) of this section
which cannot be separated safely from such raw materials or products
shall be deemed contraband and seized and summarily forfeited
to the United States. Similarly, all substances in schedule
I or II, which are seized or come into the possession of the
United States, the owners of which are unknown, shall be deemed contraband
and summarily forfeited to the United States.
(2) The Attorney General
may direct the destruction of all controlled
substances in schedule I or II seized for violation of this
subchapter; all dangerous, toxic, or hazardous raw materials or
products subject to forfeiture under subsection (a)(2) of this section;
and any equipment or container subject to forfeiture under subsection
(a)(2) or (3) of this section which cannot be separated safely
from such raw materials or products under such circumstances as
the Attorney General may deem necessary.
(g) Plants
(1) All species of plants
from which controlled substances in schedules
I and II may be derived which have been planted or cultivated
in violation of this subchapter, or of which the owners or
cultivators are unknown, or which are wild growths, may be seized
and summarily forfeited to the United States.
(2) The failure, upon demand
by the Attorney General or his duly authorized
agent, of the person in occupancy or in control of land or
premises upon which such species of plants are growing or being stored,
to produce an appropriate registration, or proof that he is the
holder thereof, shall constitute authority for the seizure and forfeiture.
(3) The Attorney General,
or his duly authorized agent, shall have
authority to enter upon any lands, or into any dwelling pursuant
to a search warrant, to cut, harvest, carry off, or destroy
such plants.
(h) Vesting
of title in United States
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.
(i) Stay of
civil forfeiture proceedings
The provisions of section
981(g) of title 18 regarding the stay of
a civil forfeiture proceeding shall apply to forfeitures under this
section.
(j) Venue
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.
(l) (FOOTNOTE
2) Agreement between Attorney General and Postal Service for performance
of functions
(FOOTNOTE 2) So in original.
No subsec. (k) has been enacted.
The functions of the Attorney
General under this section shall be carried
out by the Postal Service pursuant to such agreement as may be
entered into between the Attorney General and the Postal Service.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 511, Oct. 27, 1970, 84 Stat. 1276; Pub.
L. 95-633, title III, Sec. 301(a), Nov. 10, 1978, 92 Stat. 3777;
Pub. L. 96-132, Sec. 14, Nov. 30, 1979, 93 Stat. 1048; Pub. L.
98-473, title II, Sec. 306, 309, 518, Oct. 12, 1984, 98 Stat. 2050,
2051, 2075; Pub. L. 99-570, title I, Sec. 1006(c), 1865, 1992,
Oct. 27, 1986, 100 Stat. 3207-7, 3207-54, 3207-59; Pub. L. 99-646,
Sec. 74, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100-690, title
V, Sec. 5105, title VI, Sec. 6059, 6074, 6075, 6077(a), (b), 6253,
Nov. 18, 1988, 102 Stat. 4301, 4319, 4323-4325, 4363; Pub. L. 101-189,
div. A, title XII, Sec. 1215(a), Nov. 29, 1989, 103 Stat. 1569;
Pub. L. 101-647, title XX, Sec. 2003, 2004, 2007, 2008, Nov. 29,
1990, 104 Stat. 4855, 4856; Pub. L. 102-239, Sec. 2, Dec. 17, 1991,
105 Stat. 1912; Pub. L. 103-447, title I, Sec. 102(d), Nov. 2,
1994, 108 Stat. 4693; Pub. L. 104-237, title II, Sec. 201(b), Oct.
3, 1996, 110 Stat. 3101; Pub. L. 106-185, Sec. 2(c)(2), 5(b), 8(b),
Apr. 25, 2000, 114 Stat. 210, 214, 216.)
-REFTEXT-
REFERENCES
IN TEXT
Subchapter II of this chapter,
referred to in subsec. (a)(9), was in
the original ''title III'', meaning title III of Pub. L. 91-513, Oct.
27, 1970, 84 Stat. 1285. Part A of title III comprises subchapter
II of this chapter. For classification of Part B, consisting
of sections 1101 to 1105 of title III, see Tables.
Section 1822 of the Mail Order
Drug Paraphernalia Control Act, referred
to in subsec. (a)(10), is section 1822 of Pub. L. 99-570, title
I, Oct. 27, 1986, 100 Stat. 3207-51, which was repealed by Pub.
L. 101-647, title XXIV, Sec. 2401(d), Nov. 29, 1990, 104 Stat. 4859.
Prior to repeal, subsec. (d) of section 1822 of Pub. L. 99-570,
which defined ''drug paraphernalia'', was transferred to subsec.
(d) of section 422 of title II of Pub. L. 91-513, the Controlled
Substances Act. Section 422 of Pub. L. 91-513 is classified
to section 863 of this title.
The customs laws, referred
to in subsec. (d), are classified generally
to Title 19, Customs Duties.
Schedules I and II, referred
to in subsecs. (f) and (g), are set out in section
812(c) of this title.
-MISC2-
AMENDMENTS
2000 - Subsec. (a)(4). Pub.
L. 106-185, Sec. 2(c)(2), struck out before
period at end '', except that -
''(A) no conveyance used
by any person as a common carrier in the
transaction of business as a common carrier shall be forfeited
under the provisions of this section unless it shall appear
that the owner or other person in charge of such conveyance
was a consenting party or privy to a violation of this subchapter
or subchapter II of this chapter;
''(B) no conveyance shall
be forfeited under the provisions of this section by reason of any
act or omission established by the owner thereof to have been committed
or omitted by any person other than such owner while such conveyance
was unlawfully in the possession of a person other than the owner
in violation of the criminal laws of the United States, or of any
State; and
''(C) no conveyance shall
be forfeited under this paragraph to the
extent of an interest of an owner, by reason of any act or omission
established by that owner to have been committed or omitted
without the knowledge, consent, or willful blindness of the
owner''.
Subsec. (a)(6). Pub. L. 106-185,
Sec. 2(c)(2), struck out before period
at end '', except that no property shall be forfeited under this
paragraph, to the extent of the interest of an owner, by reason
of any act or omission established by that owner to have been
committed or omitted without the knowledge or consent of that owner''.
Subsec. (a)(7). Pub. L. 106-185,
Sec. 2(c)(2), struck out before period
at end '', except that no property shall be forfeited under this
paragraph, to the extent of an interest of an owner, by reason of
any act or omission established by that owner to have been committed
or omitted without the knowledge or consent of that owner''.
Subsec. (b). Pub. L. 106-185,
Sec. 5(b), inserted heading and amended text of subsec. (b) generally.
Prior to amendment, subsec. (b) authorized the Attorney General to seize
property under this subchapter upon process issued pursuant to the Supplemental
Rules for Certain Admirality and Maritime claims and to seize it without
process in certain described circumstances.
Subsec. (i). Pub. L. 106-185,
Sec. 8(b), inserted heading and amended text of subsec. (i) generally.
Prior to amendment, text read as follows: ''The filing of an indictment
or information alleging a violation of this subchapter or subchapter
II of this chapter, or a violation of State or local law that could
have been charged under this subchapter or subchapter II of this chapter,
which is also related to a civil forfeiture proceeding under this section
shall, upon motion of the United States and for good cause shown, stay
the civil forfeiture proceeding.''
1996 - Subsec. (a)(2), (6).
Pub. L. 104-237, Sec. 201(b)(1), inserted
''or listed chemical'' after ''controlled substance''.
Subsec. (a)(9). Pub. L. 104-237,
Sec. 201(b)(2), substituted ''possessed,
distributed, dispensed, acquired, or intended to be distributed,
dispensed, acquired,'' for ''possessed, distributed, or
intended to be distributed,'' and struck out ''a felony provision
of'' after ''in violation of''.
1994 - Subsec. (e)(1)(E)(iii).
Pub. L. 103-447 substituted ''section
2291j(b) of title 22'' for ''section 2291(h) of title 22''.
1991 - Subsec. (e)(1)(B).
Pub. L. 102-239, Sec. 2(1), substituted ''except
as provided in paragraph (4), sell'' for ''sell''.
Subsec. (e)(4). Pub. L. 102-239,
Sec. 2(2), added par. (4).
1990 - Subsec. (a)(10). Pub.
L. 101-647, Sec. 2007, added par. (10).
Subsec. (a)(11). Pub. L. 101-647,
Sec. 2008, added par. (11).
Subsec. (e)(1)(B). Pub. L.
101-647, Sec. 2003, inserted '', by public
sale or any other commercially feasible means,'' after ''sell''.
Subsec. (f). Pub. L. 101-647,
Sec. 2004, inserted ''; all dangerous, toxic, or hazardous raw materials
or products subject to forfeiture under subsection (a)(2) of this section;
and any equipment or container subject to forfeiture under subsection
(a)(2) or (3) of this section which cannot be separated safely from
such raw materials or products'' after ''this subchapter'' in pars.
(1) and (2).
1989 - Subsec. (e)(3)(B).
Pub. L. 101-189 amended subpar. (B) generally.
Prior to amendment, subpar. (B) read as follows: ''is not
so transferred to circumvent any requirement of State law that prohibits
forfeiture or limits use or disposition of property forfeited
to State or local agencies.''
1988 - Subsec. (a)(3). Pub.
L. 100-690, Sec. 6059(b), inserted reference
to par. (9).
Subsec. (a)(4). Pub. L. 100-690,
Sec. 6059(b), 6075, inserted in introductory
provisions reference to par. (9) and added subpar. (C).
Subsec. (a)(7). Pub. L. 100-690,
Sec. 5105, inserted ''(including any
leasehold interest)'' after ''interest''.
Subsec. (a)(9). Pub. L. 100-690,
Sec. 6059(a), added par. (9).
Subsec. (e)(1)(A). Pub. L.
100-690, Sec. 6077(b), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows:
''retain the property for
official use or transfer the custody or ownership of any forfeited
property to any Federal, State, or local agency pursuant to section
1616a of title 19;''.
Subsec. (e)(1)(E). Pub. L.
100-690, Sec. 6074, added subpar. (E).
Subsec. (e)(2)(B). Pub. L.
100-690, Sec. 6253(b), provided for deposit
of moneys and proceeds in Postal Service Fund in cases of forfeitures
conducted by Postal Service.
Subsec. (e)(3). Pub. L. 100-690,
Sec. 6077(a), added par. (3).
Subsec. (l). Pub. L. 100-690,
Sec. 6253(a), added subsec. (l).
1986 - Subsec. (b). Pub. L.
99-570, Sec. 1865(1)-(3), and Pub. L. 99-646,
Sec. 74(1)-(3), in making identical amendments in introductory
provision and par. (4), struck out ''or criminal'' after
''subject to civil'' and inserted paragraph permitting the Government
to request issuance of a warrant authorizing 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.
Subsec. (e). Pub. L. 99-570,
Sec. 1992, designated existing provisions
as par. (1) and former pars. (1) to (4) as subpars. (A) to
(D), respectively, and added par. (2) in lieu of former concluding
provisions which read as follows: ''The Attorney General shall
ensure the equitable transfer pursuant to paragraph (1) 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 pursuant to paragraph (1) shall not be subject to review.
The proceeds from any sale under paragraph (2) and any moneys
forfeited under this subchapter shall be used to pay all proper
expenses of the proceedings for forfeiture and sale including
expenses of seizure, maintenance of custody, advertising, and
court costs. The Attorney General shall forward to the Treasurer
of the United States for deposit in accordance with section
524(c) of title 28 any amounts of such moneys and proceeds remaining
after payment of such expenses.''
Subsec. (f). Pub. L. 99-570,
Sec. 1006(c), which directed the amendment
of section 511 of the ''Comprehensive Drug Abuse Prevention
Act of 1978'' was executed to this section which is section
511 of the Comprehensive Drug Abuse Prevention Act of 1970, as
the probable intent of Congress, by designating existing provisions
as par. (1), inserting ''or II'' in two places, and adding
par. (2).
Subsec. (i). Pub. L. 99-570,
Sec. 1865(b) and Pub. L. 99-646, Sec.
74(b), made identical amendments, inserting '', or a violation of
State or local law that could have been charged under this subchapter
or subchapter II of this chapter,''.
1984 - Subsec. (a)(7). Pub.
L. 98-473, Sec. 306(a), added par. (7).
Subsec. (a)(8). Pub. L. 98-473,
Sec. 518, added par. (8).
Subsec. (b). Pub. L. 98-473,
Sec. 306(b)(1), inserted ''civil or criminal''
after ''property subject to''.
Subsec. (b)(4). Pub. L. 98-473,
Sec. 306(b)(2), substituted ''is subject to civil or criminal forfeiture
under'' for ''has been used or is intended to be used in violation of''.
Subsec. (c). Pub. L. 98-473,
Sec. 306(c)(1), in provisions preceding
par. (1), inserted ''any of'' after ''seized under''.
Subsec. (c)(3). Pub. L. 98-473,
Sec. 306(c)(2), inserted '', if practicable,''
after ''remove it''.
Subsec. (d). Pub. L. 98-473,
Sec. 306(d), inserted ''any of'' after
''incurred, under''.
Subsec. (e). Pub. L. 98-473,
Sec. 306(e), 309, inserted ''civilly or
criminally'' after ''Whenever property is'' and in provisions preceding
par. (1), inserted provisions relating to transfer of custody
or ownership of forfeited property in par. (1), substituted ''and
dispose of it'' for ''and remove it for disposition'' in par. (3),
and, in provisions following par. (4), inserted sentence requiring
the Attorney General to ensure equitable transfer of any forfeited
property, and substituted ''accordance with section 524(c)
of title 28'' for ''the general fund of the United States Treasury''.
Subsecs. (h) to (j). Pub.
L. 98-473, Sec. 306(f), added subsecs. (h)
to (j).
1979 - Subsec. (d). Pub. L.
96-132 substituted ''The provisions'' for
''All provisions'' and struck out ''and the award of compensation
to informers in respect of such forfeitures'' after ''compromise
of claims''.
1978 - Subsec. (a)(6). Pub.
L. 95-633, Sec. 301(1), added par. (6).
Subsec. (e). Pub. L. 95-633,
Sec. 301(a)(2), (3), struck out of cl. (2) provisions relating to use
of proceeds of sale and inserted last sentence relating to the forwarding
by the Attorney General of money and proceeds remaining after payment
of expenses.
EFFECTIVE
DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-185
applicable to any forfeiture proceeding
commenced on or after the date that is 120 days after Apr.
25, 2000, see section 21 of Pub. L. 106-185, set out as a note under
section 1324 of Title 8, Aliens and Nationality.
EFFECTIVE
DATE OF 1989 AMENDMENT
Section 1215(b) of Pub. L.
101-189 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect as of
October 1, 1989.''
EFFECTIVE
DATE OF 1988 AMENDMENT
Amendment by section 6059
of 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.
Section 6077(c) of Pub. L.
100-690, as amended by Pub. L. 101-162, title II, Sec. 208, Nov. 21,
1989, 103 Stat. 1005, provided that: ''Section 551(e)(3)(B) of the Controlled
Substances Act (probably means section 511(e)(3)(B) of the Controlled
Substances Act, 21 U.S.C. 881(e)(3)(B)), as enacted by subsection (a),
shall apply with respect to fiscal years beginning after September 30,
1991.''
-TRANS-
TRANSFER
OF FUNCTIONS
Bureau of Narcotics and Dangerous
Drugs, including office of Director
thereof, in Department of Justice abolished by Reorg. Plan No.
2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set
out in the Appendix to Title 5, Government Organization and Employees.
Reorg. Plan No. 2 of 1973 also created in Department of Justice
a single, comprehensive agency for enforcement of drug laws to
be known as Drug Enforcement Administration, empowered Attorney General
to authorize performance by officers, employees, and agencies
of Department of functions transferred to him, and directed
Attorney General to coordinate all drug law enforcement functions
to assure maximum cooperation between Drug Enforcement Administration,
Federal Bureau of Investigation, and other units of Department
of Justice involved in drug law enforcement.
-MISC5-
CONSTRUCTIVE
SEIZURE PROCEDURES
Pub. L. 101-225, title II,
Sec. 210, Dec. 12, 1989, 103 Stat. 1913,
provided that: ''Not later than 6 months after the date of enactment
of this Act (Dec. 12, 1989), the Secretary of Transportation
and the Secretary of the Treasury, in order to avoid the
devastating economic effects on innocent owners of seizures of their
vessels, shall develop a procedure for constructive seizure of
vessels of the United States engaged in commercial service as defined
in section 2101 of title 46, United States Code, that are suspected
of being used for committing violations of law involving personal
use quantities of controlled substances.''
REGULATIONS
FOR EXPEDITED ADMINISTRATIVE FORFEITURE PROCEDURES
Section 6079 of Pub. L. 100-690
provided that:
''(a) In General. - Not
later than 90 days after the date of enactment of this Act (Nov. 18,
1988), the Attorney General and the Secretary of the Treasury shall
consult, and after providing a 30-day public comment period, shall
prescribe regulations for expedited administrative procedures for
seizures under section 511(a)(4), (6), and (7) of the Controlled Substances
Act (21 U.S.C. 881(a)(4), (6), and (7)); section
596 of the Tariff Act of 1930 (19 U.S.C. 1595a(a)); and section 2
of the Act of August 9, 1939 (53 Stat. 1291; 49 U.S.C. App. 782 (now
49 U.S.C. 80303)) for violations involving the possession of personal
use quantities of a controlled substance.
''(b) Specifications. -
The regulations prescribed pursuant to subsection
(a) shall -
''(1) minimize the adverse
impact caused by prolonged detention, and
''(2) provide for a final
administrative determination of the case
within 21 days of seizure, or provide a procedure by which the
defendant can obtain release of the property pending a final determination
of the case. Such regulations shall provide that the
appropriate agency official rendering a final determination shall
immediately return the property if the following conditions are
established:
''(A) the owner or
interested party did not know of or consent
to the violation;
''(B) the owner establishes
a valid, good faith interest in the seized property as owner or
otherwise; and
''(C)(1) the owner establishes
that the owner at no time had any
knowledge or reason to believe that the property in which the
owner claims an interest was being or would be used in a violation
of the law; and
''(2) if the owner
at any time had, or should have had, knowledge or reason to
believe that the property in which the owner claims an interest
was being or would be used in a violation of the law, that the
owner did what reasonably could be expected to prevent the violation.
An owner shall not have the seized property returned under this
subsection if
the owner had not acted in a normal and customary manner
to ascertain how the property would be used.
''(c) Notice. - At the time
of seizure or upon issuance of a summons to appear under subsection
(d), the officer making the seizure shall furnish to any person in
possession of the conveyance a written notice specifying the procedures
under this section. At the earliest practicable opportunity after
determining ownership of the seized conveyance, the head of the department
or agency that seizes the conveyance shall furnish a written notice
to the owner and other interested parties (including lienholders)
of the legal and factual basis of the seizure.
''(d) Summons in Lieu of
Seizure of Commercial Fishing Industry Vessels.
- Not later than 90 days after the enactment of this Act (Nov.
18, 1988), the Attorney General, the Secretary of the Treasury,
and the Secretary of Transportation shall prescribe joint regulations,
after a public comment period of at least 30 days, providing
for issuance of a summons to appear in lieu of seizure of a
commercial fishing industry vessel as defined in section 2101(11a),
(11b), and (11c) of title 46, United States Code, for violations
involving the possession of personal use quantities of a controlled
substance. These regulations shall apply when the violation
is committed on a commercial fishing industry vessel that is
proceeding to or from a fishing area or intermediate port of call,
or is actively engaged in fishing operations. The authority provided
under this section shall not affect existing authority to arrest
an individual for drug-related offenses or to release that individual
into the custody of the vessel's master. Upon answering a
summons to appear, the procedures set forth in subsections (a), (b),
and (c) of this section shall apply. The jurisdiction of the district
court for any forfeiture incurred shall not be affected by the
use of a summons under this section. ''(e)
Personal Use Quantities of a Controlled Substance. - For the
purposes of this section, personal use quantities of a controlled
substance shall not include sweepings or other evidence of
non-personal use amounts.''
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in sections 824, 842,
853, 958, 965
of this title; title
16 section 559d; title 33 section 1415; title 46
App. section 1904.
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