II 109th CONGRESS 1st Session S. 400 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.

1.

Short title

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

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:

424.

Destruction of certain imported shipments

(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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