§ 881. Forfeitures

Footnotes

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

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. 1970

   Controlled Substances Act

   Pub. L. 91–513 title II § 511 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 881

   Pub. L. 91–513, title II, § 511, Oct. 27, 1970, 84 Stat. 1276

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 511, Oct. 27, 1970, 84 Stat. 1276

   Enacted provision · exact public law section
   Sec. 511. forfeitures (a) 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 title. (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 in violation of this title. (3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2). (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) or (2), 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 Post, p. 1285. this title or title III; and (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. (5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this title. (b) Any property subject to forfeiture to the United States under this title may be seized by (he Attorney General upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when— (1) the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) the properly subject to seizure has been the subject of a prior judgment in favor of the United States in a criminal injunction or forfeiture, proceeding under this title; (3) the Attorney General has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) the Attorney General has probable cause to believe that the property has been used or is intended to be used in violation of this title. In the event of seizure pursuant to paragraph (3) or (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly. (c) Property taken or detained under this section shall not be Seized property, custody. 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 the provisions of this title, 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 to an appropriate location for disposition in accordance with law. (d) All 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 and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, 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 title 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) Whenever property is forfeited under this title the Attorney General may— (1) retain the property for official use; (2) sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, but the proceeds from any such sale 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; (3) require that the General Services Administration take custody of the property and remove it for disposition in accordance with law; or (4) 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). (f) All controlled substances in schedule I that are possessed, transferred, sold, or offered for sale in violation of the provisions of this title shall lie deemed contraband and seized and summarily forfeited to the United States. Similarly, all substances in schedule I, 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. (g) (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 title, 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.

2. 1978

   Psychotropic Substances Act of 1978

   Pub. L. 95–633 § 301(1) · 92 Stat. 3768

   Added · 21 U.S.C. § 881(a)(6)

   Pub. L. 95–633, § 301(1), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 95–633, § 301(1), added par. (6).

   Enacted provision · exact public law section
   (1) by adding at the end of subsection (a) the following new paragraph: “(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 in violation of this title, 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 title, 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.”;

3. 1978

   Psychotropic Substances Act of 1978

   Pub. L. 95–633 § 301(a)(2) · 92 Stat. 3768

   Struck and inserted · 21 U.S.C. § 881(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) in subsection (e)(2) by striking out “, but the proceeds” and all that follows through “court costs”; and

4. 1979

   Department of Justice Appropriation Authorization Act, Fiscal Year 1980

   Pub. L. 96–132 § 14 · 93 Stat. 1040

   1. Substituted · 21 U.S.C. § 881(d)

      Pub. L. 96–132 substituted “The provisions” for “All provisions”

   2. Struck · 21 U.S.C. § 881(d)

      Pub. L. 96–132 struck out “and the award of compensation to informers in respect of such forfeitures” after “compromise of claims”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 14. Section 511(d) of the Controlled Substances Act (21 U.S.C. 881(d)) is amended by— (1) striking out “All provisions” and inserting in lieu thereof “The provisions”, and (2) striking out “and the award of compensation to informers in respect of such forfeitures”.

5. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 306(a) · 98 Stat. 1837

   Added · 21 U.S.C. § 881(a)(7)

   Pub. L. 98–473, § 306(a), added par. (7)

   Source evidence

   Code amendment note
   Subsec. (a)(7). Pub. L. 98–473, § 306(a), added par. (7).

   Enacted provision · exact public law section
   Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

6. 1984

   Pub. L. 98–473 § 518 · 98 Stat. 1837

   Added · 21 U.S.C. § 881(a)(8)

   Pub. L. 98–473, § 518, added par. (8)

   Source evidence

   Code amendment note
   Subsec. (a)(8). Pub. L. 98–473, § 518, added par. (8).

   Enacted provision · exact public law section
   Sec. 518. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act.

7. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 306(b)(1) · 98 Stat. 1837

   Inserted · 21 U.S.C. § 881(b)

   Pub. L. 98–473, § 306(b)(1), inserted “civil or criminal” after “property subject to”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–473, § 306(b)(1), inserted “civil or criminal” after “property subject to”.

   Enacted provision · exact public law section
   Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

8. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 306(b)(2) · 98 Stat. 1837

   Substituted · 21 U.S.C. § 881(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

9. 1984

   Department of the Interior and Related Agencies Appropriations Act, 1985

   Pub. L. 98–473 § 306(c)(1) · 98 Stat. 1837

   Inserted · 21 U.S.C. § 881(c)

   Pub. L. 98–473, § 306(c)(1), in provisions preceding par. (1), inserted “any of” after “seized under”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–473, § 306(c)(1), in provisions preceding par. (1), inserted “any of” after “seized under”.

   Enacted provision · exact public law section
   Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

10. 1984

    Department of the Interior and Related Agencies Appropriations Act, 1985

    Pub. L. 98–473 § 306(c)(2) · 98 Stat. 1837

    Inserted · 21 U.S.C. § 881(c)(3)

    Pub. L. 98–473, § 306(c)(2), inserted “, if practicable,” after “remove it”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 98–473, § 306(c)(2), inserted “, if practicable,” after “remove it”.

    Enacted provision · exact public law section
    Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

11. 1984

    Department of the Interior and Related Agencies Appropriations Act, 1985

    Pub. L. 98–473 § 306(d) · 98 Stat. 1837

    Inserted · 21 U.S.C. § 881(d)

    Pub. L. 98–473, § 306(d), inserted “any of” after “incurred, under”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–473, § 306(d), inserted “any of” after “incurred, under”.

    Enacted provision · exact public law section
    Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

12. 1984

    Comprehensive Crime Control Act of 1984

    Pub. L. 98–473 title II · 98 Stat. 1837

    1. Inserted · 21 U.S.C. § 881(e)

       Pub. L. 98–473, §§ 306(e), 309, inserted “civilly or criminally” after “Whenever property is” and in provisions preceding par. (1)

    2. Inserted · 21 U.S.C. § 881(e)

       Pub. L. 98–473, §§ 306(e), 309, inserted provisions relating to transfer of custody or ownership of forfeited property in par. (1)

    3. Substituted · 21 U.S.C. § 881(e)

       Pub. L. 98–473, §§ 306(e), 309, substituted “and dispose of it” for “and remove it for disposition” in par. (3), and, in provisions following par. (4)

    4. Inserted · 21 U.S.C. § 881(e)

       Pub. L. 98–473, §§ 306(e), 309, inserted sentence requiring the Attorney General to ensure equitable transfer of any forfeited property

    5. Substituted · 21 U.S.C. § 881(e)

       Pub. L. 98–473, §§ 306(e), 309, substituted “accordance with section 524(c) of title 28” for “the general fund of the United States Treasury”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law
    TITLE II— RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $2,000,000. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $21,700,000, of which not to exceed $300 may be used for official reception and representation expenses. CIVIL AERONAUTICS BOARD Salaries and Expenses (including transfer of unexpended balances) For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); and not to exceed $1,250 for official reception and representation expenses, $5,600,000: Provided, That of the foregoing amounts any unexpended balances available on January 1, 1985, shall be transferred to agencies receiving transferred functions. Payments to Air Carriers (including transfer of unexpended balances) For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389), as is payable by the Board, $52,000,000, to remain available until expended and such amounts as may be necessary to liquidate obligations incurred prior to September 30, 1984, under 49 U.S.C. 1376 and 1389 and under Public Law 97–369, “Payments to air carriers”: Provided, That of the foregoing amount, any unexpended balances available on January 1, 1985, shall be transferred to the Department of Transportation: Provided further, That the Board shall expend not to exceed $102,597 per year to restore guaranteed essential air transportation at Hazelton, Pennsylvania, to the minimum level of service of two round trip flights per day, five days per week, to either Philadelphia, Pennsylvania, or New York, New York, as determined by the community. INTERSTATE COMMERCE COMMISSION Salaries and Expenses For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $48,000,000: Provided, That joint board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their official duties as such. Payments for Directed Rail Service None of the funds provided in this Act shall be available for the execution of programs the obligations for which can reasonably be expected to exceed $1,000,000 for directed rail service authorized under 49 U.S.C. 11125 or any other legislation. PANAMA CANAL COMMISION Operating Expenses For operating expenses necessary for the Panama Canal Commission, including hire of passenger motor vehicles and aircraft; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); not to exceed $8,000 for official reception and representation expenses of the Board; operation of guide services; residence for the Administrator; disbursements by the Administrator for employee and community projects; not to exceed $25,000 for official reception and representation expenses of the Administrator; and to employ services as authorized by law (5 U.S.C. 3109); $406,346,000, to be derived from the Panama Canal Commission Fund: Provided, That there may be Credited to this appropriation funds received from the Panama Canal Commission’s capital outlay account for expenses incurred for supplies and services provided for capital projects and funds received from officers and employees of the Commission and/or commercial insurors of Commission employees for payment to other United States Government agencies for expenditures made for services provided to Commission employees and their dependents by such other agencies. Capital Outlay For acquisition, construction, replacement, and improvements of facilities, structures, and equipment required by the Panama Canal Commission, including the purchase of not to exceed forty-four passenger motor vehicles for replacement only; to employ services authorized by law (5 U.S.C. 3109); $23,500,000, to be derived from the Panama Canal Commission Fund and to remain available until expended. UNITED STATES RAILWAY ASSOCIATION Administrative Expenses For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the Regional Rail Reorganization Act of 1973, as amended, to remain available until expended, $2,100,000, of which not to exceed $500 may be available for official reception and representation expenses. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Interest Payments For necessary expenses for interest payments, to remain available until expended, $46,175,945: Provided, That these funds shall be disbursed pursuant to terms and conditions established by Public Law 96–184 and the Initial Bond Repayment Participation Agreement.

13. 1984

    Department of the Interior and Related Agencies Appropriations Act, 1985

    Pub. L. 98–473 § 306(f) · 98 Stat. 1837

    Added · 21 U.S.C. § 881(h)(j)

    Pub. L. 98–473, § 306(f), added subsecs. (h) to (j)

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 98–473, § 306(f), added subsecs. (h) to (j).

    Enacted provision · exact public law section
    Sec. 306. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

14. 1986

    Anti-Drug Abuse Act of 1986

    Pub. L. 99–570 § 1865(1) · 100 Stat. 3207

    Struck and inserted · 21 U.S.C. § 881(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) by striking out “or criminal” after “Any property subject to civil”;

15. 1986

    Anti-Drug Abuse Act of 1986

    Pub. L. 99–570 § 1992 · 100 Stat. 3207

    1. Amended · 21 U.S.C. § 881(e)

       Pub. L. 99–570, § 1992, designated existing provisions as par. (1) and former pars. (1) to (4) as subpars. (A) to (D), respectively

    2. Added · 21 U.S.C. § 881(e)

       Pub. L. 99–570, § 1992, 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 1992. AMENDMENT TO THE CONTROLLED SUBSTANCES ACT. Subsection (e) of section 511 of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by— (1) inserting after “(e)” the following: “(1)”; (2) redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; and (3) striking out the matter of following subparagraph (D). as redesignated, and inserting in lieu thereof the following: “(2) (A) The proceeds from any sale under subparagraph (B) of paragraph (1) and any moneys forfeited under this title 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, United States Code, any amounts of such moneys and proceeds remaining after payment of the expenses provided in subparagraph (A).”.

16. 1986

    Narcotics Penalties and Enforcement Act of 1986

    Pub. L. 99–570 § 1006(c) · 100 Stat. 3207

    1. Amended · 21 U.S.C. § 881(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)

    2. Inserted · 21 U.S.C. § 881(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 inserting “or II” in two places

    3. Added · 21 U.S.C. § 881(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 adding par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (c) Section 511 of title II of the Comprehensive Drug Abuse Prevention Act of 1978 (21 U.S.C. 881) is amended— (1) in subsection (f) by inserting “or II” after “I” each place it appears; (2) by redesignating subsection (f) as subsection (f)(1); and (3) by inserting the following new paragraph after subsection (f)(1) as so redesignated: “(2) The Attorney General may direct the destruction of all controlled substances in schedule I or II seized for violation of this title under such circumstances as the Attorney General may deem necessary.”.

17. 1986

    Anti-Drug Abuse Act of 1986

    Pub. L. 99–570 § 1865(b) · 100 Stat. 3207

    Inserted · 21 U.S.C. § 881(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,”

    Source evidence

    Code amendment note
    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,”.

    Enacted provision · exact public law section
    (b) Subsection (i) of section 511 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(i)) is amended by inserting “, or a violation of State or local law that could have been charged under this title or title III,” after “title III”.

18. 1988

    Chemical Diversion and Trafficking Act of 1988

    Pub. L. 100–690 § 6059(b) · 102 Stat. 4181

    Inserted · 21 U.S.C. § 881(a)(3)

    Pub. L. 100–690, § 6059(b), inserted reference to par. (9)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 100–690, § 6059(b), inserted reference to par. (9).

    Enacted provision · exact public law section
    (b) Technical Amendment.— Paragraph (3) and paragraph (4) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881 (a) and (4)) are each amended by striking out “paragraph (1) or (2)” and inserting in lieu thereof “paragraph (1), (2), or (9)”.

19. 1988

    Anti-Drug Abuse Act of 1988

    Pub. L. 100–690 title V § 5105 · 102 Stat. 4181

    1. Inserted · 21 U.S.C. § 881(a)(4)

       Pub. L. 100–690, §§ 6059(b), 6075, inserted in introductory provisions reference to par. (9)

    2. Added · 21 U.S.C. § 881(a)(4)

       Pub. L. 100–690, §§ 6059(b), 6075, added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–690, §§ 6059(b), 6075, inserted in introductory provisions reference to par. (9) and added subpar. (C).

    Enacted provision · exact public law section
    SEC. 5105. INCLUSION OF LEASEHOLD INTERESTS IN PROPERTY SUBJECT TO FORFEITURE UNDER CONTROLLED SUBSTANCES ACT. Section 511(a)(7) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended by inserting “(including any leasehold interest)” after “right, title, and interest”.

20. 1988

    Anti-Drug Abuse Act of 1988

    Pub. L. 100–690 § 5105 · 102 Stat. 4181

    Inserted · 21 U.S.C. § 881(a)(7)

    Pub. L. 100–690, § 5105, inserted “(including any leasehold interest)” after “interest”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 100–690, § 5105, inserted “(including any leasehold interest)” after “interest”.

    Enacted provision · exact public law section
    SEC. 5105. INCLUSION OF LEASEHOLD INTERESTS IN PROPERTY SUBJECT TO FORFEITURE UNDER CONTROLLED SUBSTANCES ACT. Section 511(a)(7) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended by inserting “(including any leasehold interest)” after “right, title, and interest”.

21. 1988

    Chemical Diversion and Trafficking Act of 1988

    Pub. L. 100–690 § 6059(a) · 102 Stat. 4181

    Added · 21 U.S.C. § 881(a)(9)

    Pub. L. 100–690, § 6059(a), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 100–690, § 6059(a), added par. (9).

    Enacted provision · exact public law section
    (a) In General.— Section 511(a) of the Controlled Substances Act (21 U.S.C. 881) is amended by adding at the end the following new paragraph: “(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, or intended to be distributed, imported, or exported, in violation of a felony provision of this title or title III.”.

22. 1988

    Asset Forfeiture Amendments Act of 1988

    Pub. L. 100–690 § 6077(b) · 102 Stat. 4181

    Amended · 21 U.S.C. § 881(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;”

    Source evidence

    Code amendment note
    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;”.

    Enacted provision · exact public law section
    (b) Technical Amendment.— Section 511(e)(1)(A) of the Controlled Substances Act (21 U.S.C. 881(e)(1)(A)) is amended to read as follows: “(A) retain the property for official use or, in the manner provided with respect to transfers under section 616 of the Tariff Act of 1930, 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;”.

23. 1988

    Asset Forfeiture Amendments Act of 1988

    Pub. L. 100–690 § 6074 · 102 Stat. 4181

    Added · 21 U.S.C. § 881(e)(1)(E)

    Pub. L. 100–690, § 6074, added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(E). Pub. L. 100–690, § 6074, added subpar. (E).

    Enacted provision · exact public law section
    SEC. 6074. TRANSFER BY THE ATTORNEY GENERAL OF FOREIGN PROPERTY. Section 511(e)(1) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by— (1) striking “or” after the semicolon in subparagraph (C); (2) striking the period at the end of subparagraph (D) and inserting “; or”; and (3) adding at the end thereof the following: “(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 481(h) of the Foreign Assistance Act of 1961.”.

24. 1988

    Anti-Drug Abuse Amendments Act of 1988

    Pub. L. 100–690 § 6253(b) · 102 Stat. 4181

    Changed · 21 U.S.C. § 881(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Deposits of Proceeds in Postal Service Fund.— Section 511(e)(2)(B) of the Controlled Substances Act (21 U.S.C. 881(e)(2)(B)) is amended by striking out the period at the end and inserting in lieu thereof the following: “, 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, United States Code, such moneys and proceeds.”.

25. 1988

    Asset Forfeiture Amendments Act of 1988

    Pub. L. 100–690 § 6077(a) · 102 Stat. 4181

    Added · 21 U.S.C. § 881(e)(3)

    Pub. L. 100–690, § 6077(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 100–690, § 6077(a), added par. (3).

    Enacted provision · exact public law section
    (a) In General.— Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by adding at the end the following new paragraph: “(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) 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.”.

26. 1988

    Anti-Drug Abuse Amendments Act of 1988

    Pub. L. 100–690 § 6253(a) · 102 Stat. 4181

    Added · 21 U.S.C. § 881(l)

    Pub. L. 100–690, § 6253(a), added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 100–690, § 6253(a), added subsec. (l).

    Enacted provision · exact public law section
    (a) In General.— Section 511 of the Controlled Substances Act (21 U.S.C. 881), as amended by section 6159, is further amended by adding at the end the following new subsection: “(l) 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.”.

27. 1989

    National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XII § 1215(a) · 103 Stat. 1352

    Amended · 21 U.S.C. § 881(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) Amendment to the Controlled Substances Act.— Section 511(e)(3)(B) of the Controlled Substances Act (21 U.S.C. 881(e)(3)(B)), as added by section 6077(a) of the Asset Forfeiture Amendments Act of 1988 (Public Law 100–690; 102 Stat. 4324), is amended to read as follows: “(B) will serve to encourage further cooperation between the recipient State or local agency and Federal law enforcement agencies.”.

28. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 2007 · 104 Stat. 4789

    Added · 21 U.S.C. § 881(a)(10)

    Pub. L. 101–647, § 2007, added par. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 101–647, § 2007, added par. (10).

    Enacted provision · exact public law section
    SEC. 2007. FORFEITURE OF DRUG PARAPHERNALIA. Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is amended by adding at the end the following new paragraph: “(10) Any drug paraphernalia (as defined in section 1822 of the Mail Order Drug Paraphernalia Control Act).”.

29. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 2008 · 104 Stat. 4789

    Added · 21 U.S.C. § 881(a)(11)

    Pub. L. 101–647, § 2008, added par. (11)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 101–647, § 2008, added par. (11).

    Enacted provision · exact public law section
    SEC. 2008. FORFEITURE OF A FIREARM USED TO FACILITATE A DRUG OFFENSE. Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is amended by adding at the end the following new paragraph: “(11) Any firearm (as defined in section 921 of title 18, United States Code) 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.’.

30. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 2003 · 104 Stat. 4789

    Inserted · 21 U.S.C. § 881(e)(1)(B)

    Pub. L. 101–647, § 2003, inserted “, by public sale or any other commercially feasible means,” after “sell”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 101–647, § 2003, inserted “, by public sale or any other commercially feasible means,” after “sell”.

    Enacted provision · exact public law section
    SEC. 2003. CLARIFICATION OF ATTORNEY GENERAL’S FORFEITURE SALE AUTHORITY. Section 511(e)(1)(B) of the Controlled Substances Act (21 U.S.C. 881(e)(1)(B)) and section 2254(f)(2) of title 18, United States Code, are each amended by inserting after “sell” the following: “, by public sale or any other commercially feasible means,”.

31. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 2004 · 104 Stat. 4789

    Inserted · 21 U.S.C. § 881(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 2004. FORFEITURE AND DESTRUCTION OF DANGEROUS. TOXIC. AND HAZARDOUS MATERIALS. Section 511(f) of the Controlled Substances Act (21 U.S.C. 881(f)) is amended by inserting after “this title” each place it appears the following: 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”.

32. 1991

    Pub. L. 102–239 § 2(1) · 105 Stat. 1912

    Substituted · 21 U.S.C. § 881(e)(1)(B)

    Pub. L. 102–239, § 2(1), substituted “except as provided in paragraph (4), sell” for “sell”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 102–239, § 2(1), substituted “except as provided in paragraph (4), sell” for “sell”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(B), by striking “sell,” and inserting “except as provided in paragraph (4), sell,”; and

33. 1991

    Pub. L. 102–239 § 2(2) · 105 Stat. 1912

    Added · 21 U.S.C. § 881(e)(4)

    Pub. L. 102–239, § 2(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. L. 102–239, § 2(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph:

34. 1994

    International Narcotics Control Corrections Act of 1994

    Pub. L. 103–447 title I § 102(d) · 108 Stat. 4691

    Substituted · 21 U.S.C. § 881(e)(1)(E)(iii)

    Pub. L. 103–447 substituted “section 2291j(b) of title 22” for “section 2291(h) of title 22”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(E)(iii). Pub. L. 103–447 substituted “section 2291j(b) of title 22” for “section 2291(h) of title 22”.

    Enacted provision · exact public law section
    (d) Controlled Substances Act.— Section 511(e)(1)(E) of the Controlled Substances Act (21 U.S.C. 881(e)(1)(E)) is amended by striking “481(h)” and inserting “490(b)”

35. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 201(b)(1) · 110 Stat. 3099

    Inserted · 21 U.S.C. § 881(a)(2); 21 U.S.C. § 881(a)(6)

    Pub. L. 104–237, § 201(b)(1), inserted “or listed chemical” after “controlled substance”

    Source evidence

    Code amendment note
    Subsec. (a)(2), (6). Pub. L. 104–237, § 201(b)(1), inserted “or listed chemical” after “controlled substance”.

    Enacted provision · exact public law section
    (1) in paragraphs (2) and (6), by inserting “or listed chemical” after “controlled substance” each place it appears; and

36. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 201(b)(2) · 110 Stat. 3099

    1. Substituted · 21 U.S.C. § 881(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,”

    2. Struck · 21 U.S.C. § 881(a)(9)

       Pub. L. 104–237, § 201(b)(2), struck out “a felony provision of” after “in violation of”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in paragraph (9), by— (A) inserting “dispensed, acquired,” after “distributed,” both places it appears; and (B) striking “a felony provision of”.

37. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 2(c)(2) · 114 Stat. 202

    Struck · 21 U.S.C. § 881(a)(4)

    Pub. L. 106–185, § 2(c)(2), struck out before period at end “, except that—

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Drug forfeitures.— Paragraphs (4), (6), and (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(4), (6), and (7)) are each amended by striking “, except that” and all that follows before the period at the end.

    Effective date note
    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.

38. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 2(c)(2) · 114 Stat. 202

    Struck · 21 U.S.C. § 881(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Drug forfeitures.— Paragraphs (4), (6), and (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(4), (6), and (7)) are each amended by striking “, except that” and all that follows before the period at the end.

    Effective date note
    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.

39. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 2(c)(2) · 114 Stat. 202

    Struck · 21 U.S.C. § 881(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Drug forfeitures.— Paragraphs (4), (6), and (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(4), (6), and (7)) are each amended by striking “, except that” and all that follows before the period at the end.

    Effective date note
    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.

40. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 5(b) · 114 Stat. 202

    1. Inserted · 21 U.S.C. § 881(b)

       Pub. L. 106–185, § 5(b), inserted heading

    2. Amended · 21 U.S.C. § 881(b)

       Pub. L. 106–185, § 5(b), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Drug Forfeitures.— Section 511(b) of the Controlled Substances Act (21 U.S.C. 881(b)) is amended to read as follows: “(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, United States Code.”.

    Effective date note
    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.

41. 2000

    Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 8(b) · 114 Stat. 202

    1. Inserted · 21 U.S.C. § 881(i)

       Pub. L. 106–185, § 8(b), inserted heading

    2. Amended · 21 U.S.C. § 881(i)

       Pub. L. 106–185, § 8(b), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Drug Forfeitures.— Section 511(i) of the Controlled Substances Act (21 U.S.C. 881(i)) is amended to read as follows: “(i) The provisions of section 981(g) of title 18, United States Code, regarding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section”.

    Effective date note
    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.

42. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(e)(3) · 116 Stat. 1758

    Substituted · 21 U.S.C. § 881(a)(10)

    Pub. L. 107–273 substituted “section 863 of this title” for “section 1822 of the Mail Order Drug Paraphernalia Control Act”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 107–273 substituted “section 863 of this title” for “section 1822 of the Mail Order Drug Paraphernalia Control Act”.

    Enacted provision · exact public law section
    (3) Correcting erroneous cross reference in controlled substances act.— Section 511(a)(10) of the Controlled Substances Act (21 U.S.C. 881(a)(10)) is amended by striking “1822 of the Mail Order Drug Paraphernalia Control Act” and inserting “422”.

49 of 54 references resolved to an enrolled provision · 5 partial