§ 1609. Seizure; summary forfeiture and sale

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–497 · 46 Stat. 590

   Enacted · 19 U.S.C. § 1609

   June 17, 1930, ch. 497, title IV, § 609, 46 Stat. 755

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 609, 46 Stat. 755

2. 1970

   Pub. L. 91–271 title III § 301(b) · 84 Stat. 273

   Substituted · 19 U.S.C. § 1609

   Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector

   Source evidence

   Code amendment note
   Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector.

   Enacted provision · exact public law section
   (b) Sections 311, 315, 432, 434. 438, 441, 443–447. 449–450, 452–455, 457, 485, 490, 492, 496, 521. 555, 562, 584, 586, 609, 613, and 614 (19 U.S.U 1311, 1315, 1432, 1434, 1438, 1441, 1443–1447, 1449–1450, 1452–1455, 1457, 1485, 1490, 1492, 1496, 1521, 1555, 1562, 1584, 1586, 1609, 1613, and 1614) are amended by striking the word “collector” wherever 67 Stat. 508; 49 Stat. 524. it appears in the sections and inserting hr lieu thereof “appropriate customs officer”.

3. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 321 · 98 Stat. 1837

   Inserted · 19 U.S.C. § 1609

   Pub. L. 98–473, § 321, inserted reference to aircraft

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 321, inserted reference to aircraft.

   Enacted provision · exact public law section
   Sec. 321. The Secretary of Energy pursuant to the Federal Nonnuclear Energy Research and Development Act of 1974 (Public Law 42 USC 5901 note. Federal Register, publication. 93–577), shall— (1) no later than sixty days after the date of the enactment of this Act, publish in the Federal Register a notice soliciting statements of interest in, and proposals for projects employing emerging clean coal technologies, which statements and proposals are to be submitted to the Secretary within ninety days after the publication of such notice; and (2) no later than April 15, 1985, submit to Congress a report that analyzes the information contained in such statements of interest and proposals, assesses the potential usefulness of each emerging clean coal technology for which a statement of interest or proposal has been received, and identifies the extent to which Federal incentives, including financial assistance, will accelerate the commercial availability of these technologies.

4. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 313 · 98 Stat. 1837

   Substituted · 19 U.S.C. § 1609

   Pub. L. 98–473, § 313, substituted “after deducting expenses enumerated in section 1613 of this title into the Customs Forfeiture Fund” for “after deducting the actual expenses of seizure, publication, and sale in the Treasury of the United States”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 313, substituted “after deducting expenses enumerated in section 1613 of this title into the Customs Forfeiture Fund” for “after deducting the actual expenses of seizure, publication, and sale in the Treasury of the United States”.

   Enacted provision · exact public law section
   Sec. 313. Notwithstanding any other provisions of law, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Secretary of the Smithsonian Institution, are authorized to enter into contracts with State and local governmental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any units within their jurisdiction. In addition, any contracts or agreements with the jurisdiction for fire management services listed above which are previously executed shall remain valid.

5. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 title II § 213(a)(6) · 98 Stat. 2948

   1. Amended · 19 U.S.C. § 1609

      Pub. L. 98–573 designated existing provisions as subsec. (a)

   2. Inserted · 19 U.S.C. § 1609

      Pub. L. 98–573 inserted reference to aircraft

   3. Inserted · 19 U.S.C. § 1609

      Pub. L. 98–573 inserted “(except as provided in subsection (b) of this section)” after “according to law, and”

   4. Added · 19 U.S.C. § 1609

      Pub. L. 98–573 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 98–573 designated existing provisions as subsec. (a), inserted reference to aircraft, inserted “(except as provided in subsection (b) of this section)” after “according to law, and”, and added subsec. (b).

   Enacted provision · exact public law section
   (6) Section 609 (19 U.S.C. 1609) is amended— (A) by striking out “If no” and inserting in lieu thereof “(a) If no”; (B) by inserting “aircraft,” after “vehicle,”; (C) by inserting after “according to law, and” the following: “(except as provided in subsection (b) of this section)”; and (D) by adding at the end the following new subsection: “(b) During the period beginning on the date of the enactment of this subsection and ending on September 30, 1987, the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.”.

   Effective date note
   Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title.

6. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII § 7367(b) · 102 Stat. 4181

   Amended · 19 U.S.C. § 1609

   Pub. L. 100–690 amended section generally. Prior to amendment, section read as follows:

   Source evidence

   Code amendment note
   Pub. L. 100–690 amended section generally. Prior to amendment, section read as follows:

   “(a) If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and (except as provided in subsection (b) of this section) shall deposit the proceeds of sale, after deducting expenses enumerated in section 1613 of this title into the Customs Forfeiture Fund. “(b) During the period beginning on October 30, 1984, and ending on September 30, 1987, the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.”

   Enacted provision · exact public law section
   (b) Effect of a Declaration of Forfeiture.— Section 609 of the Tariff Act of 1930 (19 U.S.C. 1609) is amended to read as follows. “SEC. 609. SEIZURE; SUMMARY FORFEITURE AND SALE. “(a) In General.— If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in section 613, into the Customs Forfeiture Fund. “(b) Effect.— A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46, United States Code) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.”.

8 of 9 references resolved to an enrolled provision · 1 partial