1 2 3 "(b) 'opiate' has the meaning set forth in section 401 (d) of this title.". SEC. 202. The table of contents at the beginning of the 4 Drug Abuse Prevention and Control Act of 1970 is amended 5 by adding the following new items after the item relating to 6 section 411: 7 8 9 "Sec. 412. Release conditions. "Sec. 413. Denial of release prior to trial. "Sec. 414. Definitions.". TITLE III-FORFEITURE OF PROCEEDS OF ILLEGAL DRUG TRANSACTIONS SEC. 301. Section 511 of the Comprehensive Drug 10 Abuse Prevention and Control Act of 1970 (21 U.S.C. 11 881) is amended by: 12 13 14 15 16 17 18 19 20 21 (a) adding at the end of subsection (a) the following new paragraph: "(6) All proceeds of an offense described in this title or title III and all moneys, negotiable instruments, and securities used or intended to be used by any person, directly or indirectly, in connection with a violation of this title or title III."; and (b) adding after the words "Whenever property" in subsection (e) the words "described in subsections (a) (1) through (a) (5)"; and 1 2 (c) adding a new subsection (h) at the end thereof as follows: 3 "(h) Whenever property described in subsection (a) (6) is 4 forfeited for violation of this title or title III, the Attorney 5 General, making due provision for the rights of any innocent 6 person; 7 8 9 10 "(1) may dispose of property other than moneys, negotiable instruments, and securities in the manner set forth in subsection (e); "(2) may dispose of negotiable instruments and 11 securities in the manner prescribed in subsection (c) 121 13 31 14 15 16 17 18 19 (2); and "(3) shall forward currency obtained from sales pursuant to paragraph (2) and moneys forfeited under subsection (a) (6) to the Treasurer of the United States for deposit in the general fund of the United States Treasury.". TITLE IV-ILLEGAL EXPORT OF CASH SEC. 401. Section 231 (a) of the Currency and Foreign 20 Transactions Reporting Act is amended to read as follows: "(a) Except as provided in subsection (c) of this sec22 tion, whoever, whether as principal, agent, or bailee, or by 21 an agent or bailee: (1) intends to transport, or have transported, monetary instruments from any place within the United 1 States to or through any place outside the United 2 States in an amount exceeding $5,000 on any one oc 3 4 5 6 7 8 9 10 11 12 23 13 14 15 16 17 18 casion shall file a report or reports in accordance with subsection (b) prior to departing from the United States; (2) knowingly transports, or causes to be transported, monetary instruments from any place outside the United States to or through any place within the United casion shall file a report or reports prior to or at the time of arrival in accordance with subsection (b); or (3) receives monetary instruments at the termination of their transportation by common carrier to the United States from or through any place outside the United States in an amount exceeding $5,000 on any one occasion shall file a report or reports in accordance with subsection (b).". SEC. 402. Section 235 of the Currency and Foreign 19 Transactions Reporting Act (31 U.S.C. 1105) is amended 20 by redesignating subsection (b) as subsection (c) and by 21 adding a new subsection (b) as follows: 22 "(b) When because of exigent circumstances a warrant 23 cannot be obtained, any officer of Customs may search with24 out a warrant any of the individuals or objects included in 25 subsection (a) of this section if he has probable cause to 1 believe that monetary instruments are in the process of trans2 portation and with respect to which a report required under 3 section 231 of this Act (31 U.S.C. 1101) has not been filed 4 or contains material omissions or misstatements.". 5 6 TITLE V-PROMPT REPORTING OF VESSELS 7 (19 U.S.C. 1433), is amended to read as follows: 8 "The master of any vessel from a foreign port or place, 9 or of a foreign vessel from a domestic port, or of a vessel of 10 the United States carrying bonded merchandise, or foreign 11 merchandise for which entry has not been made, arriving at 12 any port or place within the United States, shall immedi13 ately report the arrival of the vessel at the nearest custom14 house or such other place as the Secretary of the Treasury may prescribe in regulations. The Secretary may by regu16 lation extend the time, not to exceed twenty-four hours after 17 the arrival of the vessel, in which to report arrival.". 15 18 SEC. 502. Section 459, Tariff Act of 1930, as amended 19 (19 U.S.C. 1459), is amended by substituting a comma 20 for the word "or" wherever it appears between the words 21 "entry" and "customhouse", and inserting after the word 22 "customhouse" the phrase "or other places as the Secretary 23 of the Treasury may prescribe in regulations.". 94TH CONGRESS 2D SESSION S. 3645 IN THE SENATE OF THE UNITED STATES JUNE 30 (legislative day, JUNE 18), 1976 Mr. HRUSKA (by request) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 511 (d) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881 (d)) to raise the monetary limit applicable to drug-related judicial forfeitures from $2,500 to $10,000. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 511 (d) of the Comprehensive Drug Abuse 4 Prevention and Control Act of 1970 (21 U.S.C. 881 (d)) 5 is amended by deleting the semicolon after the words "custom 6 laws" in the first sentence and inserting in lieu thereof the 7 following: ", except that whenever property is forfeited under 8 this Act, the sum of $2,500 in sections 607, 610, and 612 9 of the Tariff Act of 1930 (19 U.S.C. 1607, 1610, and 10 1612) shall be $10,000.". 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