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H.R. 7140

Comprehensive Forfeiture Act of 1982

(Measure passed Senate, amended, in lieu of S. 2320)

Comprehensive Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Establishes in the Treasury a Drug Assets Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $2,500, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $250,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.

Senate insists on its amendments, asks for a conference, appoints conferees Thurmond; Laxalt; Hatch; Biden; DeConcini.

Rep. Hughes, William J. [D-NJ-2](D-NJ)Sponsor
4 cosponsors2 D2 R
4cosponsors3committees19actions1amendments2related bills13subjects
  1. ResolvingDifferences

    Senate insists on its amendments, asks for a conference, appoints conferees Thurmond; Laxalt; Hatch; Biden; DeConcini.

  2. Floor

    Passed Senate in lieu of S. 2320 with an amendment by Voice Vote.

  3. Floor17000

    Passed/agreed to in Senate: Passed Senate in lieu of S. 2320 with an amendment by Voice Vote.

  4. Discharge

    Senate Committee on Judiciary discharged by Unanimous Consent.

    Judiciary Committee
  5. Committee14500

    Senate Committee on Judiciary discharged by Unanimous Consent.

    Judiciary Committee
  6. IntroReferral

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  7. FloorH37100

    Passed House by Voice Vote.

  8. Floor8000

    Passed/agreed to in House: Passed House by Voice Vote.

  9. FloorH30000

    Called up by House Under Suspension of Rules.

  10. CommitteeH12200

    Reported to House by House Committee on The Judiciary. Report No: 97-883 (Part I).

    Judiciary Committee
  11. Committee5000

    Reported to House by House Committee on The Judiciary. Report No: 97-883 (Part I).

    Judiciary Committee
  12. CommitteeH19000

    Ordered to be Reported.

    Judiciary Committee
  13. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  14. CommitteeH11000

    Referred to Subcommittee on Health and the Environment.

    Health and Environment Subcommittee
  15. CommitteeH19100

    For Previous Action See H.R.5371.

    Judiciary Committee
  16. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  17. IntroReferralH11100

    Referred to House Committee on Energy and Commerce.

    Energy and Commerce Committee
  18. IntroReferralIntro-H

    Introduced in House

  19. IntroReferral1000

    Introduced in House

Oct 1, 198235
(Measure passed Senate, amended, in lieu of S. 2320)

Comprehensive Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Establishes in the Treasury a Drug Assets Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $2,500, or ten percent of the value of the claimed property, whichever is less.

Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, and liens and mortgages.

Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law.

Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement.

Increases from $50,000 to $250,000 the award of compensation given to informers for information leading to forfeiture.

Grants customs officers arrest authority and the right to carry firearms.

Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act.

Sep 20, 198200

Comprehensive Drug Penalty Act of 1982 - Amends the Controlled Substances Act to include within the forfeiture provisions all land and buildings used for holding or storing controlled substances or materials used to manufacture such substances.

Provides that a procedure for forfeiture may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.

Establishes within the United States Treasury a revolving fund known as the "Drug Enforcement Fund." Allows the fund to be used for the payment of rewards for information that results in a forfeiture. Requires deposit in this fund of proceeds and profits forfeited as the result of drug violations. Authorizes appropriations from the fund for fiscal years 1984 and 1985.

Sets the maximum reward for information at $250,000.

Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase the maximum authorized fines for certain drug offenses. Permits imposition of an alternative fine up to twice the gross gain derived from the offense.

Provides Judicial procedures for seizure of property subject to criminal forfeiture.