Subchapter II, referred to in subsec. (a)(9), was in the original “title III”, meaning title III of Pub. L. 91–513,
Schedules I and II, referred to in subsecs. (f) and (g), are set out in section 812(c) of this title.
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, § 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, § 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, § 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, § 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, § 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, § 201(b)(1), inserted “or listed chemical” after “controlled substance”.
Subsec. (a)(9). Pub. L. 104–237, § 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, § 2(1), substituted “except as provided in paragraph (4), sell” for “sell”.
Subsec. (e)(4). Pub. L. 102–239, § 2(2), added par. (4).
1990—Subsec. (a)(10). Pub. L. 101–647, § 2007, added par. (10).
Subsec. (a)(11). Pub. L. 101–647, § 2008, added par. (11).
Subsec. (e)(1)(B). Pub. L. 101–647, § 2003, inserted “, by public sale or any other commercially feasible means,” after “sell”.
Subsec. (f). Pub. L. 101–647, § 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) 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, § 6059(b), inserted reference to par. (9).
Subsec. (a)(4). Pub. L. 100–690, §§ 6059(b), 6075, inserted in introductory provisions reference to par. (9) and added subpar. (C).
Subsec. (a)(7). Pub. L. 100–690, § 5105, inserted “(including any leasehold interest)” after “interest”.
Subsec. (a)(9). Pub. L. 100–690, § 6059(a), added par. (9).
Subsec. (e)(1)(A). Pub. L. 100–690, § 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, § 6074, added subpar. (E).
Subsec. (e)(2)(B). Pub. L. 100–690, § 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, § 6077(a), added par. (3).
Subsec. (l). Pub. L. 100–690, § 6253(a), added subsec. (l).
1986—Subsec. (b). Pub. L. 99–570, § 1865(1)–(3), and Pub. L. 99–646, § 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, § 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, § 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, § 1865(b) and Pub. L. 99–646, § 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, § 306(a), added par. (7).
Subsec. (a)(8). Pub. L. 98–473, § 518, added par. (8).
Subsec. (b). Pub. L. 98–473, § 306(b)(1), inserted “civil or criminal” after “property subject to”.
Subsec. (b)(4). Pub. L. 98–473, § 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, § 306(c)(1), in provisions preceding par. (1), inserted “any of” after “seized under”.
Subsec. (c)(3). Pub. L. 98–473, § 306(c)(2), inserted “, if practicable,” after “remove it”.
Subsec. (d). Pub. L. 98–473, § 306(d), inserted “any of” after “incurred, under”.
Subsec. (e). Pub. L. 98–473, §§ 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, § 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, § 301(1), added par. (6).
Subsec. (e). Pub. L. 95–633, § 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.
Amendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after
Pub. L. 101–189, div. A, title XII, § 1215(b),
Amendment by section 6059 of Pub. L. 100–690 effective 120 days after
Pub. L. 100–690, title VI, § 6077(c),
Pub. L. 101–225, title II, § 210,
Pub. L. 100–690, title VI, § 6079, “(a) Not later than 90 days after the date of enactment of this Act [“(b) 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) 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) Not later than 90 days after the enactment of this Act [“(e) 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.”
Bureau of Narcotics and Dangerous Drugs, including office of Director thereof, in Department of Justice abolished by Reorg. Plan No. 2 of 1973, eff.