[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 400 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 400

      To prevent the illegal importation of controlled substances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2005

  Mr. Coleman introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To prevent the illegal importation of controlled substances.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Illegally Imported 
Controlled Substances Act of 2005'' or ``Todd Rode Act''.

SEC. 2. DESTRUCTION OF CERTAIN IMPORTED SHIPMENTS.

    Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is 
amended by adding at the end the following:

              ``destruction of certain imported shipments

    ``Sec. 424. (a) In General.--A shipment of controlled substances 
that is imported or offered for import into the United States in 
violation of section 401 and whose value is less than $10,000 shall be 
seized and summarily forfeited to the United States.
    ``(b) Destruction.--Controlled substances seized under subsection 
(a) shall be destroyed, subject to subsection (d). Section 801(b) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(b)) does not 
authorize the delivery of the substances pursuant to the execution of a 
bond, and the substances may not be exported.
    ``(c) Notice.--
            ``(1) Procedures.--The seizure and destruction of 
        controlled substances under subsections (a) and (b) may be 
        carried out without notice to the importer, owner, or consignee 
        of the controlled substances involved. Appraisement of such 
        substances is required only to the extent sufficient to 
        document that the substances are subject to subsection (a).
            ``(2) Goals.--Procedures promulgated under paragraph (1) 
        shall be designed toward the goal of ensuring that, with 
        respect to efficiently utilizing Federal resources available 
        for carrying out this subsection, a substantial majority of 
        shipments of controlled substances subject to subsection (a) 
        are identified and seized under such paragraph and destroyed 
        under subsection (b).
    ``(d) Presentation of Evidence.--Controlled substances may not be 
destroyed under subsection (b) to the extent that the Attorney General 
of the United States determines that the controlled substances should 
be preserved as evidence or potential evidence with respect to an 
offense against the United States.''.
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