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DOJ/LA

RIN: 1105-AA74

Publication ID: Spring 2009

Title: Consolidation of Regulations Governing Administrative Forfeiture for Department of Justice Law Enforcement Agencies; Application of Department Regulations to Seizures for Forfeiture by ATF
Abstract: By this rule, the Department does seven things: First, the rule modifies the regulations to recognize that the Bureau of Alcohol, Tobacco, Firearms, and Explosives is now part of the Department of Justice. On November 25, 2002, the President signed into law the Homeland Security Act of 2002, Public Law No. 107-296, 116 Stat. 2135 (2002). Section 1111 of the Act established in the Department of Justice the "Bureau of Alcohol, Tobacco, Firearms, and Explosives," and generally transferred law enforcement functions, and seizure and forfeiture authority, of the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury to the Department of Justice. This transfer became effective on January 24, 2003. Second, the Department consolidates the regulations governing the seizure and administrative forfeiture of property by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Federal Bureau of Investigation (FBI), in order to achieve greater consistency and promote overall fairness in the administrative forfeiture process by avoiding unnecessary differences in component procedures. Among other things, the Department provides rules governing practical issues regarding the seizure, custody, inventory, appraisal, settlement, and release of property subject to forfeiture. Third, the Department conforms the DEA, ATF, FBI, and Justice seizure and forfeiture regulations to address procedural changes necessitated by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Public Law 106-185, other authorities and current forfeiture practice. Where CAFRA is silent or ambiguous on a subject relating to administrative forfeiture procedure, the proposed rule interprets CAFRA and fills certain gaps. CAFRA's procedural changes enhance the ability of property owners to contest the forfeiture of seized property. CAFRA also makes other changes beneficial to property owners. In particular: The requirement to file a bond for costs with a claim is eliminated; the time for filing a claim is extended; and the release of seized property is required under various circumstances. Fourth, the Department adds a regulation allowing for the pre-forfeiture disposition of seized property where the property is liable to perish, waste or be greatly reduced in value by further retention, or where the expense of holding the property is disproportionate to its value. Fifth, the Department adds discretionary authority for publication of notice for administrative forfeitures on the Internet in lieu of publication in a newspaper. Sixth, the Department modifies the regulations at 28 CFR part 9 governing petitions for remission or mitigation of forfeiture to define the agency official with authority to grant petitions for remission or mitigation in administrative forfeiture proceedings, and to specify the Department official with authority to grant petitions for remission or mitigation in judicial forfeiture cases. Seventh, the Department defines the standards governing administrative and judicial remission and mitigation decisions, including incorporation of CAFRAs statutory criteria for innocent ownership in determining petitions for remission or mitigation.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 274 21 CFR 1316 28 CFR 8 (Revision) 28 CFR 9 (Revision)
Legal Authority: 5 USC 301 8 USC 1103 8 USC 1324(b) 15 USC 1177 17 USC 509 18 USC 981 to 983 18 USC 1467 18 USC 1955 18 USC 1963 18 USC 2253 to 2254 18 USC 2513 19 USC 1606 to 1608 19 USC 1610 19 USC 1612(b) 19 USC 1613 19 USC 1618 21 USC 822 21 USC 853 21 USC 871 to 872 21 USC 880 to 881 21 USC 958 21 USC 965 22 USC 401 28 USC 509 to 510 28 USC 524 PL 100-690, sec 6079

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	CAFRA applies to all forfeiture actions commenced on or after 08/23/00.	08/23/2000

Timetable:

Action	Date	FR Cite
NPRM	10/00/2009
NPRM Comment Period End	12/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: John Hieronymus Forfeiture Counsel Department of Justice Legal Activities Drug Enforcement Administration, Office of Chief Counsel, CCF, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152 Phone:202 307-7636 Stephen Jobe Unit Chief, Legal Forfeiture Unit Department of Justice Legal Activities Legal Forfeiture Unit, FBI, Office of the General Counsel, J. Edgar Hoover Building, WB-510, 935 Pennsylvania Avenue NW., Washington, DC 20535 Phone:202 324-3000 Barry S. Orlow Associate Chief Counsel Department of Justice Legal Activities Bureau of Alcohol, Tobacco, Firearms, and Explosives, Room 6E-441, 99 New York Avenue NE., Washington, DC 20226 Phone:202 648-7043 James Meade Deputy Chief. Legal Policy Unit Department of Justice Legal Activities Asset Forfeiture and Money Laundering Section, Criminal Division, Bond Building, Suite 10100, 1400 New York Avenue NW., Washington, DC 20530 Phone:202 514-1263