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United States Code (Last Updated: May 24, 2014) |
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Title 28. JUDICIARY AND JUDICIAL PROCEDURE |
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Part II. DEPARTMENT OF JUSTICE |
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Chapter 31. THE ATTORNEY GENERAL |
§ 524. Availability of appropriations
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(a) Appropriations for the Department of Justice are available to the Attorney General for payment of— (1) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration; and (2) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. (b) Except as provided in subsection (a) of this section, a claim of not more than $500 for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment. (c) (1) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund (hereafter in this subsection referred to as the “Fund”) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes— (A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including— (i) payments for— (I) contract services; (II) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and (III) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause; (ii) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures; (iii) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture; and (iv) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for— (I) the purchase or lease of automatic data processing systems (not less than a majority of which use will be related to such program); (II) training; (III) printing; (IV) the storage, protection, and destruction of controlled substances; and (V) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures; (B) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986; (C) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund; (D) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary; (E) (i) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice; and (ii) for payment for— (I) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (II) costs incurred by or on behalf of a State or local government in connection with such removal in any case in which such State or local government has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government in such case; (F) (i) for equipping for law enforcement functions of any Government-owned or leased vessel, vehicle, or aircraft available for official use by any Federal agency participating in the Fund; (ii) for equipping any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist law enforcement functions if the vessel, vehicle, or aircraft will be used in a joint law enforcement operation with a Federal agency participating in the Fund; and (iii) payments for other equipment directly related to seizure or forfeiture, including laboratory equipment, protective equipment, communications equipment, and the operation and maintenance costs of such equipment; (G) for purchase of evidence of any violation of the Controlled Substances Act, the Controlled Substances Import and Export Act, chapter 96 of title 18, or sections 1956 and 1957 of title 18; (H) the payment of State and local property taxes on forfeited real property that accrued between the date of the violation giving rise to the forfeiture and the date of the forfeiture order; and (I) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State or local law enforcement officers that are incurred in a joint law enforcement operation with a Federal law enforcement agency participating in the Fund. Amounts for paying the expenses authorized by subparagraphs (B), (F), and (G) shall be specified in appropriations Acts and may be used under authorities available to the organization receiving the funds. Amounts for other authorized expenditures and payments from the Fund, including equitable sharing payments, are not required to be specified in appropriations acts. The Attorney General may exempt the procurement of contract services under subparagraph (A) under the Fund from division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) to (d) of title 41, and other provisions of law as may be necessary to maintain the security and confidentiality of related criminal investigations. (2) Any award paid from the Fund, as provided in paragraph (1)(B) or (C), shall be paid at the discretion of the Attorney General or his delegate, under existing departmental delegation policies for the payment of awards, except that the authority to pay an award of $250,000 or more shall not be delegated to any person other than the Deputy Attorney General, the Associate Attorney General, the Director of the Federal Bureau of Investigation, or the Administrator of the Drug Enforcement Administration. Any award pursuant to paragraph (1)(B) shall not exceed $500,000. Any award pursuant to paragraph (1)(C) shall not exceed the lesser of $500,000 or one-fourth of the amount realized by the United States from the property forfeited, without both the personal approval of the Attorney General and written notice within 30 days thereof to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives. (3) Any amount under subparagraph (G) of paragraph (1) shall be paid at the discretion of the Attorney General or his delegate, except that the authority to pay $100,000 or more may be delegated only to the respective head of the agency involved. (4) There shall be deposited in the Fund— (A) all amounts from the forfeiture of property under any law enforced or administered by the Department of Justice, except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)), or the Postmaster General of the United States pursuant to 39 U.S.C. 2003(b)(7); (B) all amounts representing the Federal equitable share from the forfeiture of property under any Federal, State, local or foreign law, for any Federal agency participating in the Fund; (C) all amounts transferred by the Secretary of the Treasury pursuant to section 9703(g)(4)(A)(ii) income, estate, and gift taxes, property accepted hereunder shall be considered a gift, devise, or bequest to, or for the use of, the United States.
Historical And Revision
Historical and Revision Notes | ||
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1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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The words “now or hereafter” are omitted as unnecessary. The words “Assistant Attorney General for Administration” are substituted for “his administrative assistant” to make the statute more specific and to reflect the current title of the position, see § 307 of the Act of Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 432.
1982 Act | ||
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
28:524(b) | 31:693a. | Oct. 10, 1949, ch. 662, § 101 (par. under heading “General Provision—Department of Justice”), 63 Stat. 746. |
The words “After
References In Text
Section 6050I of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), is classified to section 6050I of Title 26, Internal Revenue Code.
The Controlled Substances Act, referred to in subsec. (c)(1)(G), is title II of Pub. L. 91–513,
The Controlled Substances Import and Export Act, referred to in subsec. (c)(1)(G), is title III of Pub. L. 91–513,
Section 9703 of title 31, referred to in subsec. (c)(4)(C), (10), (11), probably means the section 9703 of Title 31, Money and Finance, added by Pub. L. 102–393, title VI, § 638(b)(1),
The effective date of the Comprehensive Forfeiture Act of 1983, referred to in subsec. (c)(7), probably means the date of enactment of the Comprehensive Forfeiture Act of 1984, chapter III (§§ 301 to 323) of title II of Pub. L. 98–473, which was approved
Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in subsec. (c)(8)(B), was classified to section 1509 of Title 21, Food and Drugs, prior to repeal by Pub. L. 109–469, title XI, § 1101(b),
Section 605 of Public Law 103–121, referred to in subsec. (c)(8)(E), is section 605 of Pub. L. 103–121, title VI,
Codification
Amendment by Pub. L. 104–91 is based on section 109 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on
Amendments
2011—Subsec. (c)(1). Pub. L. 111–350 substituted “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” in concluding provisions.
2002—Subsec. (a). Pub. L. 107–273, § 204(a)(1), inserted “to the Attorney General” after “available” in introductory provisions.
Subsec. (c)(1). Pub. L. 107–273, § 204(a)(2)(C), (D), in concluding provisions, substituted “(B), (F), and (G)” for “(A)(iv), (B), (F), (G), and (H)” and “under the Fund” for “under the fund”.
Subsec. (c)(1)(I). Pub. L. 107–273, § 204(a)(2)(B), struck out subpar. (I) which read as follows: “after all reimbursements and program-related expenses have been met at the end of fiscal year 1989, the Attorney General may transfer deposits from the Fund to the building and facilities account of the Federal prison system for the construction of correctional institutions.”
Pub. L. 107–273, § 204(a)(2)(A), substituted period for semicolon at end.
Subsec. (c)(2). Pub. L. 107–273, § 204(a)(3), substituted “shall not exceed $500,000” for “shall not exceed $250,000” and “the lesser of $500,000” for “the lesser of $250,000”, struck out “for information” after “Any award paid from the Fund” and after “Any award” in two places, and inserted before period at end “, without both the personal approval of the Attorney General and written notice within 30 days thereof to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives”.
Subsec. (c)(3). Pub. L. 107–273, § 204(a)(4), substituted “(G)” for “(F)”.
Subsec. (c)(5). Pub. L. 107–273, § 204(a)(5), substituted “Fund, that” for “Fund which”.
Subsec. (c)(8)(A). Pub. L. 107–273, § 204(a)(6), substituted “(B), (F), and (G)” for “(A)(iv), (B), (F), (G), and (H)”.
Subsec. (c)(9)(B). Pub. L. 107–273, § 204(a)(7), substituted “years 2002 and 2003” for “year 1997” and “Each such transfer shall be subject to satisfaction by the recipient involved of any outstanding lien against the property transferred, but no such transfer shall” for “Such transfer shall not”.
2000—Subsec. (c)(1)(E). Pub. L. 106–310, § 3621(a), designated existing provisions as cl. (i), inserted “and” after semicolon at end, and added cl. (ii).
Subsec. (c)(4)(D). Pub. L. 106–310, § 3613(b), added subpar. (D).
Subsec. (c)(6). Pub. L. 106–185 amended par. (6) generally. Prior to amendment, par. (6) required the Attorney General to transmit to Congress, not later than 4 months after the end of each fiscal year, detailed reports on the value of property forfeited under a law enforced or administered by the Department of Justice with respect to which funds were not deposited in the Fund and on the value of such property transferred to a State or local law enforcement agency, on the Fund’s balances, receipts, payments, assets, and on certain property not forfeited, on profits and losses with respect to forfeited property, on forfeited property transactions, on audits reports from State and local law enforcement agencies, and on administrative and contracting expenses paid from the Fund.
1998—Subsec. (d)(1). Pub. L. 105–272 inserted “or services” after “property”.
1997—Subsec. (c)(8)(B). Pub. L. 105–119, § 124, substituted “and 1996,” for “1996, and 1997,”.
Subsec. (c)(8)(E). Pub. L. 105–119, § 108, substituted “1997 and thereafter” for “1996”.
Subsec. (c)(11)(B). Pub. L. 105–119, § 211(b), which directed the amendment of subpar. (B) by inserting at end thereof “or pursuant to the authority of the Secretary of Commerce”, was executed by inserting the material before the period to reflect the probable intent of Congress.
1996—Subsec. (c)(1). Pub. L. 104–208, § 101(a) [title I, § 114(a)], struck out “(C),” after “(B),” in concluding provisions.
Subsec. (c)(8)(A). Pub. L. 104–208, § 101(a) [title I, § 114(b)], struck out “(C),” after “(B),”.
Subsec. (c)(8)(E). Pub. L. 104–208, § 101(a) [title I, § 108], substituted “
Pub. L. 104–134 struck out subpar. (E), as added by Pub. L. 103–317, which read as follows: “Subject to the notification procedures contained in section 605 of Public Law 103–121, and after satisfying the transfer requirement in subparagraph (B) above, any excess unobligated balance remaining in the Fund on
Pub. L. 104–91, as amended by Pub. L. 104–99, which directed amendment of subsec. (c)(9) of this section by adding subpar. (E) relating to excess unobligated balance remaining in the Fund on
Subsec. (c)(9). Pub. L. 104–208, § 101(a) [title I, § 117], amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Following the completion of procedures for the forfeiture of property pursuant to any law enforced or administered by the Department, the Attorney General is authorized, at his discretion, to warrant clear title to any subsequent purchaser or transferee of such forfeited property.”
Subsec. (d). Pub. L. 104–208, § 101(a) [title I, § 116], added subsec. (d).
1995—Subsec. (c)(7) to (12). Pub. L. 104–66 redesignated pars. (8) to (12) as (7) to (11), respectively, and struck out former par. (7) which read as follows:
“(7)(A) The Fund shall be subject to annual audit by the Comptroller General.
“(B) The Attorney General shall require that any State or local law enforcement agency receiving funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense and report the results of the audit to the Attorney General.”
1994—Subsec. (c)(1)(H), (I). Pub. L. 103–322, § 320913(a), added subpar. (H) and redesignated former subpar. (H) relating to payment of overtime salaries, travel, etc. as (I).
Subsec. (c)(6)(B). Pub. L. 103–322, § 320302(1), struck out “and” at end.
Subsec. (c)(6)(C). Pub. L. 103–322, § 320302(2), substituted “; and” for period at end.
Pub. L. 103–322, § 320301(b), inserted as flush sentence at end “The report should also contain all annual audit reports from State and local law enforcement agencies required to be reported to the Attorney General under subparagraph (B) of paragraph (7).”
Subsec. (c)(6)(D). Pub. L. 103–322, § 320302(3), added subpar. (D).
Subsec. (c)(7). Pub. L. 103–322, § 320301(a), amended par. (7) generally, designating existing provisions as subpar. (A) and adding subpar. (B).
Subsec. (c)(9)(B) to (D). Pub. L. 103–322, § 90205(b), amended subpars. (B) to (D) generally. Prior to amendment, subpars. (B) to (D) read as follows:
“(B) Subject to subparagraph (C), in each of fiscal years 1990, 1991, 1992, and 1993, the Attorney General may transfer from the Fund not more than $150,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988. Such transfers shall be made at the end of each quarter of the fiscal year involved and on a quarterly pro rata basis.
“(C) Transfers under subparagraph (B) may be made only from excess unobligated amounts and only to the extent that, as determined by the Attorney General, such transfers will not impair the future availability of amounts for the purposes under paragraph (1). Further, transfers under subsection (B) may be made only to the extent that the sum of the transfers for the current fiscal year and the unobligated balance at the beginning of the current fiscal year for the Special Forfeiture Fund do not exceed $150,000,000.
“(D) At the end of each of fiscal years 1990, 1991, 1992, and 1993, the Attorney General may retain in the Fund not more than $15,000,000, or, if determined by the Attorney General to be necessary for asset-specific expenses, a greater amount equal to not more than one-tenth of the total of obligations from the Fund in preceding fiscal year.”
Subsec. (c)(9)(E). Pub. L. 103–317 added subpar. (E).
1993—Subsec. (c)(9)(E). Pub. L. 103–121, which directed the striking of “subsection (E)”, was executed by striking subpar. (E) which read as follows: “Subject to the notification procedures contained in section 606 of Public Law 101–515, and after reserving the amounts authorized in subparagraph (D) above, any unobligated balances remaining in the Fund on
1992—Subsec. (c)(1). Pub. L. 102–393, § 638(f)(1)(C)–(F), which directed amendment of par. (1) by adding subpar. (H), redesignating former subpar. (H) as (I), and substituting “(A)(iv)” for “(A)(ii)” and “(G), and (H)” for “and (G)” in the first sentence of par. following subpar. (I), was executed to par. (1) as amended by Pub. L. 102–395, § 114(c), to reflect the probable intent of Congress and the approval of Pub. L. 102–393 and Pub. L. 102–395 on the same day.
Pub. L. 102–395, § 114(c), amended generally the first sentence of par. following subpar. (H). Prior to amendment, that sentence read as follows: “Amounts for paying the expenses authorized by subparagraphs (A)(ii), (B), (C), (F), and (G) shall be specified in appropriations acts.”
Subsec. (c)(1)(A). Pub. L. 102–393, § 638(f)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, or sell property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property; such payments may include—
“(i) payments for contract services, the employment of outside contractors to operate and manage properties or provide other specialized services as necessary to dispose of such properties in an effort to maximize the return from such properties, and payments to reimburse any Federal, State, or local agency for any expenditures made to perform the foregoing functions; and
“(ii) payments made pursuant to regulations promulgated by the Attorney General, that are necessary and direct program-related expenses for the purchase or lease of automatic data processing equipment (not less than a majority of which use will be program related), training, printing, contracting for services directly related to the identification of forfeitable assets processing of and accounting for forfeitures, and the storage, protection, and destruction of controlled substances;”.
Subsec. (c)(1)(B). Pub. L. 102–550 inserted “or of sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986” after “United States”.
Subsec. (c)(1)(F). Pub. L. 102–393, § 638(f)(1)(B), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “for equipping for law enforcement functions any government-owned or leased vessels, vehicles, and aircraft available for official use by any federal agency participating in the Fund;”.
Subsec. (c)(1)(H), (I). Pub. L. 102–393, § 638(f)(1)(C)–(E), added subpar. (H) and redesignated former subpar. (H) as (I).
Subsec. (c)(4). Pub. L. 102–393, § 638(f)(2), inserted “Federal,” before “State” in subpar. (B) and added subpar. (C).
Subsec. (c)(6)(B)(v). Pub. L. 102–393, § 638(f)(3), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: “any defendant’s equity in property valued at $1,000,000 or more; and”.
Subsec. (c)(9)(A). Pub. L. 102–393, § 638(f)(4), substituted “(A)(iv)” for “(A)(ii)” and “(G), and (H)” for “and (G)”.
Subsec. (c)(9)(E). Pub. L. 102–395, § 114(b), struck out “to be transferred to any Federal agency” after “without fiscal year limitation,” and substituted for period at end “of Federal agencies. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”
Pub. L. 102–393, § 638(f)(5), struck out “to procure vehicles, equipment, and other capital investment items” before “for law enforcement”.
Subsec. (c)(11), (12). Pub. L. 102–393, § 638(f)(6), added pars. (11) and (12) and struck out former par. (11) which read as follows: “For the purposes of this subsection, property is forfeited pursuant to a law enforced or administered by the Department of Justice if it is forfeited pursuant to—
“(A) any criminal forfeiture proceeding;
“(B) any civil judicial forfeiture proceeding; or
“(C) any civil administrative forfeiture proceeding conducted by the Department of Justice,
except to the extent that the seizure was effected by a Customs officer or that custody was maintained by the United States Customs Service in which case the provisions of section 613A of the Tariff Act of 1930 (19 U.S.C. 1613a) shall apply.”
1991—Subsec. (c)(1). Pub. L. 102–140, § 112(1), substituted “law enforcement purposes” for “purposes of the Department of Justice” in introductory provisions.
Subsec. (c)(1)(C). Pub. L. 102–140, § 112(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “at the discretion of the Attorney General, the payment of awards for information or assistance leading to—
“(i) a civil or criminal forfeiture under the Controlled Substances Act or the Controlled Substances Import and Export Act;
“(ii) a criminal forfeiture under chapter 96 of title 18;
“(iii) a civil forfeiture under section 981 of title 18; or
“(iv) a criminal forfeiture under section 982 of title 18.”
Subsec. (c)(1)(F). Pub. L. 102–140, § 112(3), (4), struck out “drug” before “law enforcement functions” and substituted “any federal agency participating in the Fund” for “the Drug Enforcement Administration, the Federal Bureau of Investigation, the Immigration and Naturalization Service, or the United States Marshals Service”.
Subsec. (c)(4). Pub. L. 102–140, § 112(5), added par. (4) and struck out former par. (4) which read as follows: “There shall be deposited in the Fund all amounts from the forfeiture of property under any law enforced or administered by the Department of Justice, except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)) or the Postmaster General of the United States pursuant to section 2003(b)(7) of title 39.”
Subsec. (c)(5). Pub. L. 102–140, § 112(6), inserted “, and in any holding accounts associated with the Fund” after first reference to “Fund”.
Subsec. (c)(9)(C). Pub. L. 102–140, § 112(7), inserted at end “Further, transfers under subsection (B) may be made only to the extent that the sum of the transfers for the current fiscal year and the unobligated balance at the beginning of the current fiscal year for the Special Forfeiture Fund do not exceed $150,000,000.”
Subsec. (c)(9)(E). Pub. L. 102–140, § 112(8)(B), which directed the substitution of “to be transferred to any Federal agency to procure vehicles, equipment, and other capital investment items for law enforcement, prosecution and correctional activities, and related training requirements” for “to procure vehicles, equipment, and other capital investment items for the law enforcement, prosecution and correctional activities of the Department of Justice” was executed by making the substitution for the quoted words which in the original contained a comma after “prosecution”, to reflect the probable intent of Congress.
Pub. L. 102–140, § 112(8)(A), substituted “of each fiscal year thereafter” for “, 1992”.
Pub. L. 102–27 added subpar. (E).
1990—Subsec. (c)(1)(C). Pub. L. 101–647, § 2005, amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “the payment of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by the Department of Justice., at the discretion of the Attorney General;”.
Pub. L. 101–647, § 1601, which directed substitution of “the payment of awards for information or assistance leading to a civil or criminal forfeiture under any law enforced or administered by the Department of Justice.” for “the payment of awards for information or assistance leading to civil or criminal forfeiture under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 800 et seq.) or a criminal forfeiture under the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C. 1961 et seq.)”, was executed by making the substitution for “the payment of awards for information or assistance leading to a civil or criminal forfeiture under the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 800 et seq.) or a criminal forfeiture under the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C. 1961 et seq.)” to reflect the probable intent of Congress.
Subsec. (c)(6). Pub. L. 101–647, § 2006, struck out “two” after “fiscal year,” in introductory provisions and added subpar. (C).
Subsec. (c)(9). Pub. L. 101–647, § 2001(a), inserted “(A)” before “There” and substituted subpars. (B) to (D) for “For each of fiscal years 1991, 1992, and 1993, the Attorney General shall transfer not to exceed $150,000,000 in unobligated amounts available in the Fund to the Special Forfeiture Fund: Provided, That such amounts will be transferred on a quarterly basis: Provided further, That, upon each transfer, not to exceed $15,000,000, or, if determined by the Attorney General to be necessary to meet forfeiture program expenses, an amount not to exceed one-tenth of the previous year’s obligations shall be retained in the Fund and remain available for payment of authorized expenses: Provided further, That, any unobligated amounts in excess of $150,000,000 shall remain on deposit in the Fund.”
Pub. L. 101–509 amended second sentence generally, substituting sentence providing for transfers to Special Forfeiture Fund in fiscal years 1991, 1992, and 1993 for sentence that read as follows: “At the end of each of fiscal years 1990, 1991, and 1992, unobligated amounts not to exceed $150,000,000 remaining in the Fund shall be deposited in the Special Forfeiture Fund, except that an amount not to exceed $15,000,000 or, if determined necessary by the Attorney General to meet asset specific expenses, an amount equal to one-twelfth of the previous year’s expenditures may be carried forward and remain available for appropriation in the next fiscal year.”
Subsec. (c)(10), (11). Pub. L. 101–647, § 2002, added par. (10) and redesignated former par. (10) as (11).
1988—Subsec. (c). Pub. L. 100–690 amended subsec. (c) generally, revising and restating as pars. (1) to (10) provisions of former pars. (1) to (8).
1987—Subsec. (c)(1)(H). Pub. L. 100–202 added subpar. (H).
1986—Subsec. (c)(1)(A). Pub. L. 99–570, § 1152(a)(1)(2), inserted provisions allowing payments that are necessary and direct program-related expenses for the purchase or lease of automatic data processing equipment, training, printing, contracting for services directly related to the processing of and accounting for forfeitures, and the storage, protection, and destruction of controlled substances.
Subsec. (c)(1)(B) to (E). Pub. L. 99–570, § 1152(a)(1)(3), added subpar. (B) and redesignated former subpars. (B) to (E) as (C) to (F), respectively.
Subsec. (c)(1)(F). Pub. L. 99–646, § 27(a), which directed the amendment of subpar. (E) by inserting “the Federal Bureau of Investigation, the United States Marshals Service,” after “for official use by” and a comma before “or” was not executed in view of prior redesignation of subpar. (E) as (F) and substantively similar amendment by section 1152(a) of Pub. L. 99–570.
Pub. L. 99–570, § 1152(a)(1)(3), (4), redesignated former subpar. (E) as (F) and amended it generally. Prior to amendment, subpar. (E) read as follows: “for equipping for law enforcement functions of forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the Drug Enforcement Administration or the Immigration and Naturalization Service; and”. Former subpar. (F) redesignated (G).
Subsec. (c)(1)(G). Pub. L. 99–570, § 1152(a)(1)(3), redesignated former subpar. (F) as (G).
Subsec. (c)(4). Pub. L. 99–570, § 1152(a)(1)(5), and Pub. L. 99–646, § 27(b), made substantially identical amendments substituting “, except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))” for “remaining after the payment of expenses for forfeiture and sale authorized by law”.
Subsec. (c)(8), (9). Pub. L. 99–570, § 1152(a)(1)(6), redesignated par. (9) as (8), and struck out former par. (8) which provided for an authorization of appropriations for fiscal years 1984 to 1987 and deposit of excess amounts in the general fund of the Treasury of the United States.
1984—Subsec. (c). Pub. L. 98–473, § 310, added subsec. (c).
Subsec. (c)(1)(E), (F). Pub. L. 98–473, § 2303(a), added subpars. (E) and (F).
Subsec. (c)(3) to (9). Pub. L. 98–473, § 2303(b), added par. (3) and redesignated existing pars. (3) to (8) as (4) to (9), respectively.
1982—Pub. L. 97–258, § 2(g)(1)(B), substituted “Availability of appropriations” for “Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs” in section catchline.
Subsecs. (a), (b). Pub. L. 97–258, § 2(g)(1)(C), (D), designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date Of Amendment
Amendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after
Pub. L. 103–322, title XXXII, § 320913(b),
Miscellaneous
Pub. L. 108–199, div. B, title I, § 108,
Pub. L. 106–553, § 1(a)(2) [title I, § 117, formerly § 118],
Pub. L. 106–310, div. B, title XXXVI, § 3621(c)(1),
Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 109],
Pub. L. 105–277, div. A, § 101(b) [title I, § 115],
Pub. L. 105–277, div. A, § 101(b) [title I, § 113],
Pub. L. 107–56, title I, § 101,
Pub. L. 104–19, title III,
Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on
Similar provisions were contained in the following prior appropriation act:
Pub. L. 103–317, title I, § 113,
Pub. L. 103–121, title I, § 106,
[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.]
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–395, title I, § 107,
Pub. L. 102–140, title I, § 107,
Pub. L. 101–515, title II, § 208,
Pub. L. 101–162, title II, as added Pub. L. 101–302, title II,
Pub. L. 100–202, § 101(a) [title II, § 210(b)],