From: Eric Sterling <[e--r--g] at [igc.apc.org]>
Newsgroups: alt.drugs
Date: 26 Aug 94 18:09 PDT
Subject: Crime Bill - Forfeiture Amendments

ASSET FORFEITURE PROVISIONS
IN THE CRIME BILL PASSED BY
THE HOUSE AND SENATE,
H.R. 3355.

SECTION 320301.  AUDIT REQUIREMENT FOR STATE AND
LOCAL LAW ENFORCEMENT AGENCIES RECEIVING FEDERAL
ASSET FORFEITURE FUNDS.

(a)  STATE REQUIREMENT. -- Section 524(c)(7) of title 28, United
States Code, is amended to read as follows:
     "(7)(A)  The Fund shall be subject to annual audit by the
Comptroller General.
     "(B)  The Attorney General shall require that any State of
local law enforcement agency receiving funds conduct an annual
audit detailing the uses and expenses to which the funds were
dedicated and the amount used for each use or expense and report
the results of the audit to the Attorney General.".

(b)  INCLUSION IN ATTORNEY GENERAL'S REPORT. -- Section
524(c)(6)(C) of title 28, United States Code, is amended by adding
at the end the following flush sentence:  "The report should also
contain all annual audit reports from State and local law
enforcement agencies required to be reported to the Attorney
General under subparagraph (B) of paragraph (7).".
     (Congressional Record page H 8857, Aug. 21, 1994)

			   *   *   *

SECTION 320913.  ASSET FORFEITURE.
(a)  AMENDMENT. -- Section 524(c)(1) of title 28, United States
Code, is amended --
     (1) by redesignating subparagraph (H) as subparagraph (I);
     and (2) by inserting after subparagraph (G) the following new
subparagraph:
     "(H) the payment of State and local property taxes on
forfeited real property that accrued between the date of the
violation giving rise to the forfeiture and the date of the
forfeiture order; and".  (b)  APPLICATION OF AMENDMENT. -- The
amendment made by subsection (a) shall apply to all claims pending
at the time of or commenced subsequent to the date of enactment of
this Act.
     (Congressional Record pages H 8860-8861, Aug. 21, 1994)

			    *  *  *

Section 90205 of the bill amends the special forfeiture fund
provisions under the control of the Director of the Office of
National Drug Control Policy (ONDCP, a.k.a. the "drug czar")
(spelled out in section 6073 of the Asset Forfeiture Amendments
Act of 1988 (21 U.S.C. 1509).  $100 million shall go into that
fund each year from both the Department of Justice Asset
Forfeiture Fund (28 U.S.C. 524(c)) and the Department of the
Treasury Forfeiture Fund (31 U.S.C. 9703).  If there is a
"surplus" in the ONDCP fund, up to $20 million of the surplus
"shall be available to the Director...to transfer to, and for
obligation and expenditure in connection with drug control
activities of any Federal agency or State or local entity with
responsibilities under the National Drug Control Strategy."
     (CONGRESSIONAL RECORD PAGE H 8825, Aug. 21, 1994)

			    *  *  *

Section 110509 of the bill amends 18 U.S.C. 844(c) regarding the
seizure of explosives to permit the immediate destruction of
seized explosives if "it would be impracticable or unsafe to
remove the [explosive] materials to a place of storage or would be
unsafe to store them...Any destruction under this paragraph shall
be in the presence of at least 1 credible witness."
     (CONGRESSIONAL RECORD PAGE H 8832, Aug. 21, 1994)

     The amendment provides that the owner of the destroyed
     explosive
materials can make a claim for reimbursement within 60 days after
the destruction.

These amendments posted on August 26, 1994 by Eric E. Sterling,
J.D.  The Criminal Justice Policy Foundation 1899 L Street, NW,
Suite 500 Washington, DC 20036 202-835-9075 fax 202-833-8561
[e--r--g] at [igc.apc.org]

PLEASE FEEL FREE TO CALL IF YOU HAVE QUESTIONS ABOUT THE CRIME
BILL.
correction:  1st amendment should read "State or local"