Page:United States Statutes at Large Volume 102 Part 5.djvu/319

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4325

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.". (b) TECHNICAL AMENDMENT.—Section 511(e)(l)(A) of the Controlled Substances Act (21 U.S.C. 881(e)(l)(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;". (c) EFFECTIVE DATE.—Section 551(e)(3)(B) of the Controlled Sub- 21 USC 881 note. stances Act, as enacted by subsection (a), shall apply with respect to fiscal years beginning after September 30, 1989. SEC. 6078. COORDINATION OF POST-SEIZURE PROCEDURES.

(a) IN GENERAL.—Part E of the Controlled Substances Act (21 U.S.C. 871 et seq.) is amended by adding at the end the following new section: "COORDINATION AND CONSOUDATION OF POST-SEIZURE ADMINISTRATION

"SEC. 517. The Attorney General and the Secretary of the Treas- 21 USC 887. ury shall take such action as may be necessary to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under this title, title III, or provisions of the customs laws relating to controlled substances.". (b) CLERICAL AMENDMENT.—The table of contents of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 516 the following new item: "517. Coordination and consolidation of post-seizure administration.". SEC. 6079. REGULATIONS TO PROVIDE FORFEITURE PROCEDURES.

(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, 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) 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

21 USC 881 note.

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