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40 U.S.C. § 1306 — Disposition of abandoned or forfeited personal property

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1306 — Disposition of abandoned or forfeited personal property

**(a) Definitions.—** In this section— (1) **Agency.—** — The term “agency” includes any executive department, independent establishment, board, commission, bureau, service, or division of the Federal Government, and any corporation in which the Government owns at least a majority of the stock. (2) **Property.—** — The term “property” means all personal property, including vessels, vehicles, and aircraft. **(b) Voluntarily Abandoned Property.—** Property voluntarily abandoned to any agency in a way that vests title to the property in the Government may be retained by the agency and devoted to official use only. If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall— (1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (2) order disposal of the property as otherwise provided by law. **(c) Forfeited Property.—** (1) **Agency retains property.—** — An agency that seizes property that has been forfeited to the Government other than by court decree may retain the property and devote it only to official use instead of disposing of the property as otherwise provided by law if competent authority does not order the property returned to any claimant. (2) **Agency does not desire to retain property.—** — If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator to that effect, and the property— (A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on ord

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Stable record: federal_law:legal_authorities:record_usc_91e0ae0ad953f161c634d473
Source file: Laws/federal/codes/united-states-code/title-40/section-1306-disposition-of-abandoned-or-forfeited-personal-property--8f018c935d.md
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Source location: Title 40, Chapter 13, § 1306; chapter-013-public-property.md

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**(a) Definitions.—** In this section— (1) **Agency.—** — The term “agency” includes any executive department, independent establishment, board, commission, bureau, service, or division of the Federal Government, and any corporation in which the Government owns at least a majority of the stock. (2) **Property.—** — The term “property” means all personal property, including vessels, vehicles, and aircraft. **(b) Voluntarily Abandoned Property.—** Property voluntarily abandoned to any agency in a way that vests title to the property in the Government may be retained by the agency and devoted to official use only. If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall— (1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (2) order disposal of the property as otherwise provided by law. **(c) Forfeited Property.—** (1) **Agency retains property.—** — An agency that seizes property that has been forfeited to the Government other than by court decree may retain the property and devote it only to official use instead of disposing of the property as otherwise provided by law if competent authority does not order the property returned to any claimant. (2) **Agency does not desire to retain property.—** — If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator to that effect, and the property— (A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or (B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law. **(d) Property Subject to Court Proceeding for Forfeiture.—** (1) **Notification of administrator.—** — If a proceeding has begun for the forfeiture of any property by court decree, the agency that seized the property immediately shall notify the Administrator and at the same time may file with the Administrator a request for the property for its official use. (2) **Application for court order to deliver property.—** (A) *In general.—* — Before entry of a decree, the Administrator shall apply to the court to order delivery of the property in accordance with this paragraph. (B) *Delivery to seizing agency.—* — If the agency that seized the property files a request for the property under paragraph (1), the Administrator shall apply to the court to order delivery of the property to the agency that seized the property. (C) *Delivery to other requesting agency.—* — If the agency that seized the property does not file a request for the property under paragraph (1) but another agency requests the property, the Administrator shall apply to the court to order delivery of the property to the requesting agency if the Administrator believes that the requesting agency should be given the property. (D) *Delivery to seizing agency for temporary holding.—* — If application to the court cannot be made under subparagraph (B) or (C) and the Administrator believes the property may later become necessary to any agency for official use, the Administrator shall apply to the court to order delivery of the property to the agency that seized the property, to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to— (i) deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (ii) dispose of the property as otherwise provided by law. (3) **Forfeiture decreed.—** — If forfeiture is decreed and the property is not ordered by competent authority to be returned to any claimant, the court shall order delivery as provided in paragraph (2). (4) **When no application made.—** — The court shall dispose of property for which no application is made in accordance with law. **(e) Retention or Delivery of Property Deemed Sale.—** Retention or delivery of forfeited or abandoned property under this section is deemed to be a sale of the property for the purpose of laws providing for informer’s fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed for official use shall be disposed of in the same manner as other surplus property. **(f) Payment of Costs Related to Property.—** (1) **Availability of appropriations.—** — The appropriation available to an agency for the purchase, hire, operation, maintenance, and repair of any property is available for— (A) the payment of expenses of operation, maintenance, and repair of property of the same kind the agency receives under this section for official use; (B) the payment of a lien recognized and allowed under law; (C) the payment of amounts found to be due a person on the authorized remission or mitigation of a forfeiture; and (D) reimbursement of other agencies as provided in paragraph (2). (2) **Payment and reimbursement of certain costs.—** — The agency that receives property under this section shall pay the cost of hauling, transporting, towing, and storing the property. If the property is later delivered to another agency for official use under this section, the agency to which the property is delivered shall make reimbursement for all of those costs incurred prior to the date the property is delivered. **(g) Report.—** With the approval of the Secretary of the Treasury, the Administrator may require an agency to make a report of all property abandoned to it or seized and the disposal of the property. **(h) Administrative.—** (1) **Regulations.—** — With the approval of the Secretary, the Administrator may prescribe regulations necessary to carry out this section. (2) **Other laws not repealed.—** — This section does not repeal any other laws relating to the disposition of forfeited or abandoned property, except provisions of those laws directly in conflict with this section which were enacted prior to August 27, 1935. (3) **Property not subject to allocation under this section.—** — The following classes of property are not subject to allocation under this section, but shall be disposed of in the manner otherwise provided by law: (A) narcotic drugs, as defined in the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.). (B) firearms, as defined in section 5845 of the Internal Revenue Code of 1986 ([26 U.S.C. 5845](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5845&num=0&edition=prelim)). (C) other classes or kinds of property the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 5845 — Definitions

For the purpose of this chapter— **(a) Firearm** The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in [section 921 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921&num=0&edition=prelim), United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon. **(b) Machinegun** The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. **(c) Rifle** The term “rifle” means a weapon de

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5845

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3668 — Remission or mitigation of forfeitures under liquor laws; possession pending trial

**(a) Jurisdiction of court** Whenever, in any proceeding in court for the forfeiture, under the internal-revenue laws, of any vehicle or aircraft seized for a violation of the internal-revenue laws relating to liquors, such forfeiture is decreed, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture. **(b) Conditions precedent to remission or mitigation** In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until he proves (1) that he has an interest in such vehicle or aircraft, as owner or otherwise, which he acquired in good faith, (2) that he had at no time any knowledge or reason to believe that it was being or would be used in the violation of laws of the United States or of any State relating to liquor, and (3) if it appears that the interest asserted by the claimant arises out of or is in any way subject to any contract or agreement under which any person having a record or reputation for violating laws of the United States or of any State relating to liquor has a right with respect to such vehicle or aircraft, that, before such claimant acquired his interest, or such other person acquired his right under such contract or agreement, whichever occurred later, the claimant, his officer or agent, was informed in answer to his inquiry, at the headquarters of the sheriff, chief of police, principal Federal internal-revenue officer engaged in the enforcement of the liquor laws, or other principal local or Federal law-enforcement officer of the locality in which such other person acquired his right under such contract or agreement, of the locality in which such other person then resided, and of each locality in which the claimant has made any other inquiry as to the character or fin

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3668

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations:

Page 772 TITLE 21—FOOD AND DRUGS § 801 Sec. 831. Additional requirements relating to online pharmacies and telemedicine. 832. Suspicious orders. PART D—OFFENSES AND PENALTIES 841. Prohibited acts A. 842. Prohibited acts B. 843. Prohibited acts C. 844. Penalties for simple possession. 844a. Civil penalty for possession of small amounts of certain controlled substances. 845 to 845b. Transferred. 846. Attempt and conspiracy. 847. Additional penalties. 848. Continuing criminal enterprise. 849. Transportation safety offenses. 850. Information for sentencing. 851. Proceedings to establish prior convictions. 852. Application of treaties and other inter- national agreements. 853. Criminal forfeitures. 853a. Transferred. 854. Investment of illicit drug profits. 855. Alternative fine. 856. Maintaining drug-involved premises. 857. Repealed. 858. Endangering human life while illegally manu- facturing controlled substance. 859. Distribution to persons under age twenty-one. 860. Distribution or manufacturing in or near schools and colleges. 860a. Consecutive sentence for manufacturing or distributing, or possessing with intent to manufacture or distribute, methamphet- amine on premises where children are present or reside. 861. Employment or use of persons under 18 years of age in drug operations. 862. Denial of Federal benefits to drug traffickers and possessors. 862a. Denial of assistance and benefits for certain drug-related convictions. 862b. Sanctioning for testing positive for con- trolled substances. 863. Drug paraphernalia. 864. Anhydrous ammonia. 864a. Grants to reduce production of methamphetamines from anhydrous ammo- nia. 865. Smuggling methamphetamine or meth- amphetamine precursor chemica

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 5845 — Definitions

Page 3286 TITLE 26—INTERNAL REVENUE CODE § 5845 Editorial Notes PRIOR PROVISIONS A prior section 5844, act Aug. 16, 1954, ch. 736, 68A Stat. 725, related to exportation, prior to the general revision of this chapter by Pub. L. 90–618. Provisions similar to those comprising this section were contained in prior section 5845, act Aug. 16, 1954, ch. 736, 68A Stat. 725, prior to the general revision of this chapter by Pub. L. 90–618. AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing. § 5845. Definitions For the purpose of this chapter— (a) Firearm The term ‘‘firearm’’ means (1) a shotgun hav- ing a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as de- fined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive de- vice. The term ‘‘firearm’’ shall not include an antique firearm or any device (other than a ma- chinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, de- sign, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon. (b) Machinegun The term ‘‘machinegun’’ means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically mor

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 5845

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1306 — Disposition of abandoned or forfeited per-

Page 104 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1305 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1304(a) ........ 40:345b. Aug. 26, 1935, ch. 684, § 1, 49 Stat. 800; Pub. L. 86–608, July 7, 1960, 74 Stat. 363. 1304(b)(1)– (3). 40:345c. Aug. 26, 1935, ch. 684, § 2, as added Pub. L. 86–608, July 7, 1960, 74 Stat. 363. 1304(b)(4) .... 40:345c note. Pub. L. 94–579, title VII, § 706(a) (related to the Act of July 7, 1960 (Pub. L. 86–608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793. In subsection (a), the words ‘‘Administrator of Gen- eral Services’’ and ‘‘Administrator’’ are substituted for ‘‘Treasury Department’’ and ‘‘Secretary of the Treas- ury’’ in the Act of August 26, 1935 because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words ‘‘a State or a political subdivision of a State’’ are substituted for ‘‘States, counties, municipalities, or other duly constituted political subdivisions of States’’ for consistency with subsection (b). § 1305. Disposition of land acquired by devise The General Services Administration may take custody, for disposal as excess property under this subtitle and division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, of land acquired by the Fed- eral Government by devise. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1134; Pub. L. 111–350, § 5(l)(12), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statute

Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 1306

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