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CITE

    21 USC Sec. 881                                             01/05/2009

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 863 of this
      title).
        (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) (!1) Agreement between Attorney General and Postal Service for
      performance of functions
      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, Secs. 306, 309, 518, Oct. 12, 1984, 98 Stat.
    2050, 2051, 2075; Pub. L. 99-570, title I, Secs. 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, Secs. 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, Secs. 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, Secs. 2(c)(2), 5(b),
    8(b), Apr. 25, 2000, 114 Stat. 210, 214, 216; Pub. L. 107-273, div.
    B, title IV, Sec. 4002(e)(3), Nov. 2, 2002, 116 Stat. 1810.)

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.
      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.

AMENDMENTS

      2002 - Subsec. (a)(10). Pub. L. 107-273 substituted "section 863
    of this title" for "section 1822 of the Mail Order Drug
    Paraphernalia Control Act".
      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, Secs. 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, Secs. 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."

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.

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."

FOOTNOTE

    (!1) So in original. No subsec. (k) has been enacted.
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