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119th Congress

Title 28 — Judiciary and Judicial Procedure

Part II · Chapter 31 — The Attorney General

§ 524. Availability of appropriations

Statutory text

(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 chapter 77 of title 18, chapter 110 of title 18, 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;

(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; and

(J)

at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that—

(i)

annually waive their qualification for—

(I)

awards for information leading to forfeiture under subparagraph (C); and

(II)

receiving payment from equitably shared forfeiture funds; and

(ii)

offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.

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 9705(f)(4)(A) of title 31; and

(D)

all amounts collected—

(i)

by the United States pursuant to a reimbursement order under paragraph (2) of section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)); and

(ii)

pursuant to a restitution order under paragraph (1) or (3) of section 413(q) of the Controlled Substances Act for injuries to the United States.

(5)

Amounts in the Fund, and in any holding accounts associated with the Fund, that are not currently needed for the purpose of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States and all earnings on such investments shall be deposited in the Fund.

(6)
(A)

The Attorney General shall transmit to Congress and make available to the public, not later than 4 months after the end of each fiscal year, detailed reports for the prior fiscal year as follows:

(i)

A report on total deposits to the Fund by State of deposit.

(ii)

A report on total expenses paid from the Fund, by category of expense and recipient agency, including equitable sharing payments.

(iii)

A report describing the number, value, and types of properties placed into official use by Federal agencies, by recipient agency.

(iv)

A report describing the number, value, and types of properties transferred to State and local law enforcement agencies, by recipient agency.

(v)

A report, by type of disposition, describing the number, value, and types of forfeited property disposed of during the year.

(vi)

A report on the year-end inventory of property under seizure, but not yet forfeited, that reflects the type of property, its estimated value, and the estimated value of liens and mortgages outstanding on the property.

(vii)

A report listing each property in the year-end inventory, not yet forfeited, with an outstanding equity of not less than $1,000,000.

(B)

The Attorney General shall transmit to Congress and make available to the public, not later than 2 months after final issuance, the audited financial statements for each fiscal year for the Fund.

(C)

Reports under subparagraph (A) shall include information with respect to all forfeitures under any law enforced or administered by the Department of Justice.

(D)

The transmittal and publication requirements in subparagraphs (A) and (B) may be satisfied by—

(i)

posting the reports on an Internet website maintained by the Department of Justice for a period of not less than 2 years; and

(ii)

notifying the Committees on the Judiciary of the House of Representatives and the Senate when the reports are available electronically.

(7)

The provisions of this subsection relating to deposits in the Fund shall apply to all property in the custody of the Department of Justice on or after the effective date of the Comprehensive Forfeiture Act of 1983.

(8)
(A)

There are authorized to be appropriated such sums as necessary for the purposes described in subparagraphs (B), (F), and (G) of paragraph (1).

(B)

Subject to subparagraphs (C) and (D), at the end of each of fiscal years 1994, 1995, and 1996, the Attorney General shall transfer from the Fund not more than $100,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988.1

(C)

Transfers under subparagraph (B) may be made only from the excess unobligated balance and may not exceed one-half of the excess unobligated balance for any year. In addition, transfers under subparagraph (B) may be made only to the extent that the sum of the transfers in a fiscal year and one-half of the unobligated balance at the beginning of that fiscal year for the Special Forfeiture Fund does not exceed $100,000,000.

(D)

For the purpose of determining amounts available for distribution at year end for any fiscal year, “excess unobligated balance” means the unobligated balance of the Fund generated by that fiscal year’s operations, less any amounts that are required to be retained in the Fund to ensure the availability of amounts in the subsequent fiscal year for purposes authorized under paragraph (1).

(E)

Subject to the notification procedures contained in section 605 of Public Law 103–121, and after satisfying the transfer requirement in subparagraph (B) of this paragraph, any excess unobligated balance remaining in the Fund on and thereafter shall be available to the Attorney General, without fiscal year limitation, for any Federal law enforcement, litigative/prosecutive, and correctional activities, or any other authorized purpose of the Department of Justice. Any amounts provided pursuant to this subparagraph may be used under authorities available to the organization receiving the funds.

(9)
(A)

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, in her discretion, to warrant clear title to any subsequent purchaser or transferee of such property.

(B)

For fiscal years 2002 and 2003, the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, real or personal property of limited or marginal value, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs. 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 create or confer any private right of action in any person against the United States.

(10)

The Attorney General shall transfer from the Fund to the Secretary of the Treasury for deposit in the Department of the Treasury Forfeiture Fund amounts appropriate to reflect the degree of participation of the Department of the Treasury law enforcement organizations (described in section 9705(n) of title 31) in the law enforcement effort resulting in the forfeiture pursuant to laws enforced or administered by the Department of Justice.

(11)

For purposes of this subsection and notwithstanding section 9705 of title 31 or any other law, property is forfeited pursuant to a law enforced or administered by the Department of Justice if it is forfeited pursuant to—

(A)

a judicial forfeiture proceeding when the underlying seizure was made by an officer of a Federal law enforcement agency participating in the Department of Justice Assets Forfeiture Fund or the property was maintained by the United States Marshals Service; or

(B)

a civil administrative forfeiture proceeding conducted by a Department of Justice law enforcement component or pursuant to the authority of the Secretary of Commerce.

(d)
(1)

The Attorney General may accept, hold, administer, and use gifts, devises, and bequests of any property or services for the purpose of aiding or facilitating the work of the Department of Justice.

(2)

Gifts, devises, and bequests of money, the proceeds of sale or liquidation of any other property accepted hereunder, and any income accruing from any property accepted hereunder—

(A)

shall be deposited in the Treasury in a separate fund and held in trust by the Secretary of the Treasury for the benefit of the Department of Justice; and

(B)

are hereby appropriated, without fiscal year limitation, and shall be disbursed on order of the Attorney General.

(3)

Upon request of the Attorney General, the Secretary of the Treasury may invest and reinvest the fund described herein in public debt securities with maturities suitable for the needs of the fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States or comparable maturities.

(4)

Evidences of any intangible personal property (other than money) accepted hereunder shall be deposited with the Secretary of the Treasury, who may hold or liquidate them, except that they shall be liquidated upon the request of the Attorney General.

(5)

For purposes of federal 2 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.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 § 4(c) · 80 Stat. 378

    Enacted · 28 U.S.C. § 524

    Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615

    Source evidence

    Code source credit
    Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615

    Enacted provision · exact public law section
    (c) Part II of title 28, United States Code, is amended to read as follows: “PART II— DEPARTMENT OF JUSTICE “31. The attorney general 501” “33. Federal bureau of investigation 531” “35. United states attorneys 541” “37. United states marshals 561” “CHAPTER 31— THE ATTORNEY GENERAL “Sec. “501. Executive department. “502. Seal. “503. Attorney General. “504. Deputy Attorney General. “505. Solicitor General. “506. Assistant Attorneys General. “507. Assistant Attorney General for Administration. “508. Vacancies. “509. Functions of the Attorney General. “510. Delegation of authority. “511. Attorney General to advise the President. “512. Attorney General to advise beads of executive departments. “513. Attorney General to advise Secretaries of military departments. “514. Legal services on pending claims in departments and agencies. “515. Authority for legal proceedings; commission, oath, and salary for special attorneys. “516. Conduct of litigation reserved to Department of Justice. “517. Interests of United States in pending suits. “518. Conduct and argument of cases. “519. Supervision of litigation. “520. Transmission of petitions in Court of Claims; statement furnished by departments. “521. Publication and distribution of opinions. “522. Report of business and statistics. “523. Requisitions. “524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs. “525. Procurement of law books, reference books, and periodicals; sale and exchange. “526. Authority of the Attorney General to investigate United States attorneys and marshals, clerks of court, and others. “§ 501. Executive department “The Department of Justice is an executive department of the United States at the seat of Government. “§ 502. Seal “The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President. “§ 503. Attorney General “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. “§ 504. Deputy Attorney General “The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General. “§ 505. Solicitor General “The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties. “§ 506. Assistant Attorneys General “The President shall appoint, by and with the advice and consent of the Senate, nine Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties. “§ 507. Assistant Attorney General for Administration “(a) The Attorney General shall appoint, with the approval of the President an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe. “(b) The position of Assistant Attorney General for Administration is in the competitive service. “§ 508. Vacancies “(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General. “(b) When, by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General. “§ 509. Functions of the Attorney General “All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions— “(1) vested by subchapter II of chapter 5 of title 5 in hearing examiners employed by the Department of Justice; “(2) of the Federal Prison Industries, Inc.; “(3) of the Board of Directors and officers of the Federal Prison Industries, Inc.; and “(4) of the Board of Parole. “§ 510. Delegation of authority “The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General. “§ 511. Attorney General to advise the President “The Attorney General shall give his advice and opinion on questions of law when required by the President. “§ 512. Attorney General to advise heads of executive departments “The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department. “§ 513. Attorney General to advise Secretaries of military departments “When a question of law arises in the administration of the Department of the Army, the Department of the Navy, or the Department of the Air Force, the cognizance of which is not given by statute to some other officer from whom the Secretary of the military department concerned may require advice, the Secretary of the military department shall send it to the Attorney General for disposition. “§ 514. Legal services on pending claims in departments and agencies “When the head of an executive department or agency is of the opinion that the interests of the United States require the service of counsel on the examination of any witness concerning any claim, or on the legal investigation of any claim, pending in the department or agency, he shall notify the Attorney General, giving all facts necessary to enable him to furnish proper professional service in attending the examination or making the investigation, and the Attorney General shall provide for the service. “§ 515. Authority for legal proceedings; commission, oath, and salary for special attorneys “(a) The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrates, which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought. “(b) Each attorney specially retained under authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney, and shall take the oath required by law. Foreign counsel employed in special cases are not required to take the oath. The Attorney General shall fix the annual salary of a special assistant or special attorney at not more than $12,000. “§ 516. Conduct of litigation reserved to Department of Justice “Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General. “§ 517. Interests of United States in pending suits “The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States. “§ 518. Conduct and argument of cases “(a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall con-duct and argue suits and appeals in the Supreme Court and suits in the Court of Claims in which the United States is interested. “(b) When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so. “§ 519. Supervision of litigation “Except as otherwise authorized by law, the Attorney General shall supervise all litigation to which the United States, an agency, or officer thereof is a party, and shall direct all United States attorneys, assistant United States attorneys, and special attorneys appointed under section 543 of this title in the discharge of their respective duties. “§ 520. Transmission of petitions in Court of Claims; statement furnished by departments “(a) In suits against the United States in the Court of Claims founded on a contract, agreement, or transaction with an executive department or military department, or a bureau, officer, or agent thereof, or when the matter or thing on which the claim is based has been passed on and decided by an executive department, military department, bureau, or officer authorized to adjust it, the Attorney General shall send to the department, bureau, or officer a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department, bureau, or officer. “(b) Within a reasonable time after receipt of the request from the Attorney General, the executive department, military department, bureau, or officer shall furnish the Attorney General with a written statement of all facts, information, and proofs. The statement shall contain a reference to or description of all official documents and papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be secured. If the claim has been passed on and decided by the department, bureau, or officer, the statement shall briefly state the reasons and principles on which the decision was based. When the decision was founded on an Act of Congress it shall be cited specifically, and if any previous interpretation or construction has been given to the Act, section, or clause by the department, bureau, or officer, it shall be set forth briefly in the statement and a copy of the opinion filed, if any, attached to it. When a decision in the case has been based on a regulation of a department or when a regulation has, in the opinion of the department, bureau, or officer sending the statement, any bearing on the claim, it shall be distinctly quoted at length in the statement. When more than one case or class of cases is pending, the defense of which rests on the same facts, circumstances, and proofs, the department, bureau, or officer may certify and send one statement and it shall be held to apply to all cases as if made out, certified, and sent in each case respectively. “§ 521. Publication and distribution of opinions “The Attorney General, from time to time— “(1) shall cause to be edited, and printed in the Government Printing Office, such of his opinions as he considers valuable for preservation in volumes; and “(2) may prescribe the manner for the distribution of the volumes. Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve. “§ 522. Report of business and statistics “The Attorney General, at the beginning of each regular session of Congress, shall report to Congress on the business of the Department of Justice for the last preceding fiscal year, and on any other matters pertaining to the Department that he considers proper, including— “(1) a statement of the several appropriations which are placed under the control of the Department and the amount appropriated ; “(2) the statistics of crime under the laws of the United States; and “(3) a statement of the number of causes involving the United States, civil and criminal, pending during the preceding year in each of the several courts of the United States. “§ 523. Requisitions “The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the General Accounting Office. “§ 524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs “Appropriations for the Department of Justice are available 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. “§ 525. Procurement of law books, reference books, and periodicals; sale and exchange “In the procurement of law books, reference books, and periodicals, the Attorney General may exchange or sell similar items and apply the exchange allowances or proceeds of such sales in whole or in part payment therefor. “§ 526. Authority of Attorney General to investigate United States attorneys and marshals, clerks of court, and others “(a) The Attorney General may investigate the official acts, records, and accounts of— “(1) the United States attorneys and marshals; and “(2) at the request and on behalf of the Director of the Administrative Office of the United States Courts, the clerks of the United States courts and of the district courts of the Canal Zone and the Virgin Islands, probation officers, referees, trustees and receivers in bankruptcy, United States commissioners, and court reporters; for which purpose all the official papers, records, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time. “(b) Appropriations for the examination of judicial officers are available for carrying out this section. “CHAPTER 33— FEDERAL BUREAU OF INVESTIGATION “Sec. “531. Federal Bureau of Investigation. “532. Director of Federal Bureau of Investigation. “533. Investigative and other officials; appointment. “534. Acquisition, preservation, and exchange of identification records; appointment of officials. “535. Investigation of crimes involving Government officers and employees; limitations. “536. Positions in excepted service. “537. Expenses of unforeseen emergencies of a confidential nature. “§ 531. Federal Bureau of Investigation “The Federal Bureau of Investigation is in the Department of Justice. “§ 532. Director of the Federal Bureau of Investigation “The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation. “§ 533. Investigative and other officials; appointment “The Attorney General may appoint officials— “(1) to detect and prosecute crimes against the United States; “(2) to assist in the protection of the person of the President; and “(3) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General. This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies. “§ 534. Acquisition, preservation, and exchange of identification records; appointment of officials “(a) The Attorney General shall— “(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; and “(2) exchange these records with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions. “(b) The exchange of records authorized by subsection (a) (2) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies. “(c) The Attorney General may appoint officials to perform the functions authorized by this section. “§ 535. Investigation of crimes involving Government officers and employees; limitations “(a) The Attorney General and the Federal Bureau of Investigation may investigate any violation of title 18 involving Government officers and employees— “(1) notwithstanding any other provision of law; and “(2) without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government. “(b) Any information, allegation, or complaint received in a department or agency of the executive branch of the Government relating to violations of title 18 involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, unless— “(1) the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or “(2) as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint. “(c) This section does not limit— “(1) the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (chapter 47 of title 10); or “(2) the primary authority of the Postmaster General to investigate postal offenses. “§ 536. Positions in excepted service “All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service. “§ 537. Expenses of unforeseen emergencies of a confidential character “Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent. “CHAPTER 35— UNITED STATES ATTORNEYS “Sec. “541. United States attorneys. “542. Assistant United States attorneys. “543. Special attorneys. “544. Oath of office. “545. Residence. “546. Vacancies. “547. Duties. “548. Salaries. “549. Expenses. “550. Clerical assistants and messengers. “§ 541. United States attorneys “(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. “(b) Each United States attorney shall he appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. “(c) Each United States attorney is subject to removal by the President. “§ 542. Assistant United States attorneys “(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires. “(b) Each assistant United States attorney is subject to removal by the Attorney General. “§ 543. Special attorneys “(a) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires. “(b) Each attorney appointed under this section is subject to removal by the Attorney General. “§ 544. Oath of office “Each United States attorney, assistant United States attorney, and attorney appointed under section 543 of this title, before taking office, shall take an oath to execute faithfully his duties. “§ 545. Residence “(a) Each United States attorney and assistant United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia and the Southern District of New York may reside within 20 miles thereof. “(b) The Attorney General may determine the official stations of United States attorneys and assistant United States attorneys within the districts for which they are appointed. “§ 546. Vacancies “The district court for a district in which the office of United States attorney is vacant may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. “§ 547. Duties “Except as otherwise provided by law, each United States attorney, within his district, shall— “(1) prosecute for all offenses against the United States; “(2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned; “(3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury; “(4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and “(5) make such reports as the Attorney General may direct. “§ 548. Salaries “Subject to sections 5315–5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 543 of this title at rates of compensation not in excess of the highest rate of GS–18 of the General Schedule set forth in section 5332 of title 5. “§ 549. Expenses “Necessary office expenses of United States attorneys shall be allowed when authorized by the Attorney General. “§ 550. Clerical assistants and messengers “The United States attorneys may employ clerical assistants and messengers on approval of the Attorney General. “CHAPTER 37— UNITED STATES MARSHALS “Sec. “561. United States marshals. “562. Deputy marshals and clerical assistants. “563. Oath of office. “564. Bond. “565. Vacancies. “566. Death of a marshal. “567. Expenses of marshals. “568. Availability of appropriations; transfer of prisoners to narcotic farms. “569. Powers and duties generally; supervision by Attorney General. “570. Power as sheriff. “571. Disbursement of salaries and moneys. “572. Collection of fees; accounting. “573. Delivery of prisoners to successor. “574. Delivery of unserved process to successor. “575. Practice of law prohibited. “§ 561. United States marshals “(a) The President shall appoint, by and with the advice and consent of the Senate, a United states marshal for each judicial district. “(b) Each marshal shall be appointed for a term of four years. On expiration of his term, a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President. “(c) The Attorney General shall designate places within the district for the official station and offices of each marshal. Each marshal shall reside within the district for which he was appointed, except that the marshal for the District of Columbia and the Southern District of New York may reside within 20 miles thereof. “§ 562. Deputy marshals and clerical assistants “The Attorney General may authorize a United States marshal to appoint deputies and clerical assistants. Each deputy marshal is subject to removal by the marshal pursuant to civil-service regulations. “§ 563. Oath of office “Each United States marshal and deputy marshal before assuming the duties of his office shall take the following oath or affirmation: “ ‘I, _________________, do solemnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the _________________ under the authority of the United States, make true returns, take only lawful fees, and in all things well and truly, and without malice or partiality, perform the duties of the office of _________________ during my continuance in office. So help me God’. “§ 564. Bond “(a) Each United States marshal, including a marshal appointed to serve during a vacancy, shall be bonded in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. “(b) The Attorney General may require the United States marshal for the Southern District of New York to be bonded in a sum not exceeding $75,000 and any other United States marshal to be bonded in a sum not exceeding $40,000. “(c) A person injured by a breach of a United States marshal’s bond may sue thereon, in his own name, to recover his damages. Such an action shall be commenced within six years after the right accrues, but a person under legal disability may sue within three years after the removal of his disability. After judgment, the marshal’s bond shall remain as security until the whole penalty has been recovered. “§ 565. Vacancies “The district court for a district in which the office of United States marshal is vacant may appoint a United States marshal to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. “§ 566. Death of a marshal “(a) On the death of a United States marshal, his deputy or deputies shall perform the duties of the deceased marshal in his name until his successor is appointed and qualifies. “(b) The default or misfeasance of a deputy is a breach of the deceased marshal’s bond, and his executor or administrator has like remedies against the deputy for the default or misfeasance as the marshal would have had if he had continued in office. “§ 567. Expenses of marshals “Under regulations prescribed by the Attorney General, each United States marshal shall be allowed— “(1) his actual and necessary office expenses; “(2) the expense of transporting prisoners, including the cost of necessary guards and the travel and subsistence expense of prisoners and guards; and “(3) other necessary expenditures in line of duty, approved by the Attorney General. “§ 568. Availability of appropriations; transfer of prisoners to narcotic farms “Appropriations for salaries and expenses of United States marshals are available for actual and necessary expenses incident to the transfer of prisoners in the custody of the marshals to narcotic farms. “§ 569. Powers and duties generally; supervision by Attorney General “(a) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in his district, and of the Customs Court holding sessions in his district elsewhere than in the Southern and Eastern Districts of New York, and may, in the discretion of the respective courts, be required to attend any session of court. “(b) United States marshals shall execute all lawful writs, process and orders issued under authority of the United States, including those of the courts and Government of the Canal Zone, and command all necessary assistance to execute their duties. “(c) The Attorney General shall supervise and direct United States marshals in the performance of public duties and accounting for public moneys. Each marshal shall report his official proceedings, receipts and disbursements and the condition of his office as the Attorney General directs. “§ 570. Power as sheriff “A United States marshal and his deputies, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. “§ 571. Disbursement of salaries and moneys “(a) The United States marshals, under regulations prescribed by the Attorney General, shall pay the salaries, office expenses and travel and per diem allowances of United States attorneys, their assistants, clerks and messengers, and of the marshals, their deputies and clerical assistants. “(b) The United States marshals, under regulations prescribed by the Director of the Administrative Office of the United States Courts, shall pay the salaries, office expenses, and travel and per diem allowances of circuit and district judges, clerks of court and their deputies, court reporters, and other personnel of courts within their districts. “(c) On all disbursements made by United States marshals for official salaries or expenses, the certificate of the payee is sufficient without verification on oath. “§ 572. Collection of fees; accounting “(a) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys. “(b) The marshal’s accounts of fees and costs paid to a witness or juror on certificate of attendance issued as provided by sections 1825 and 1871 of this title may not be reexamined to charge him for an erroneous payment of the fees or costs. “§ 573. Delivery of prisoners to successor “Each United States marshal shall deliver to his successor all prisoners in his custody. “§ 574. Delivery of unserved process to successor “All unserved process remaining in the hands of a United States marshal or his deputies shall be delivered to his successor. When a deputy marshal resigns or is removed, he shall deliver to the marshal all process in his hands. “§ 575. Practice of law prohibited “A United States marshal or deputy marshal may not practice law in any court of the United States”

  2. Pub. L. 97–258 § 2(g)(1)(B) · 96 Stat. 1060

    Substituted · 28 U.S.C. § 524

    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

    Source evidence

    Code amendment note
    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.

  3. Pub. L. 97–258 § 2(g)(1)(C) · 96 Stat. 1060

    1. Amended · 28 U.S.C. § 524(a); 28 U.S.C. § 524(b)

      Pub. L. 97–258, § 2(g)(1)(C), (D), designated existing provisions as subsec. (a)

    2. Added · 28 U.S.C. § 524(a); 28 U.S.C. § 524(b)

      Pub. L. 97–258, § 2(g)(1)(C), (D), added subsec. (b)

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 97–258, § 2(g)(1)(C), (D), designated existing provisions as subsec. (a) and added subsec. (b).

  4. Department of the Interior and Related Agencies Appropriations Act, 1985

    Pub. L. 98–473 § 310 · 98 Stat. 1837

    Added · 28 U.S.C. § 524(c)

    Pub. L. 98–473, § 310, added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–473, § 310, added subsec. (c).

    Enacted provision · exact public law section
    Sec. 310. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless such assessments and this basis therefor are presented to the Committees on Appropriations and are approved by such committees.

  5. Comprehensive Crime Control Act of 1984

    Pub. L. 98–473 § 2303(a) · 98 Stat. 1837

    Added · 28 U.S.C. § 524(c)(1)(E); 28 U.S.C. § 524(c)(1)(F)

    Pub. L. 98–473, § 2303(a), added subpars. (E) and (F)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(E), (F). Pub. L. 98–473, § 2303(a), added subpars. (E) and (F).

    Enacted provision · exact public law section
    (a) Section 524 of title 28 of the United States Code, as Ante, p. 2052. amended by chapter III of this title, is further amended in subsection (c)(1)— (1) by striking out “and” at the end of subparagraph (c); (2) by striking out the period at the end of subparagraph (1) and inserting a semicolon in lieu thereof; and (3) by inserting after subparagraph (D) the following: Drugs and drug abuse. Hazardous materials. Imports and exports. Transportation. “(E) 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 “(F) for purchase of evidence of any violation of the Controlled Substances Act or the Controlled Substances Import and Export Act.”.

  6. Comprehensive Crime Control Act of 1984

    Pub. L. 98–473 § 2303(b) · 98 Stat. 1837

    1. Added · 28 U.S.C. § 524(c)(3)(9)

      Pub. L. 98–473, § 2303(b), added par. (3)

    2. Redesignated · 28 U.S.C. § 524(c)(3)(9)

      Pub. L. 98–473, § 2303(b), redesignated existing pars. (3) to (8) as (4) to (9), respectively

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Section 524 of title 28 of the United States Code, as amended by chapter III of this title, is further amended in subsection (c)— (1) by inserting after paragraph (2) the following new paragraph: “(3) Any amount under subparagraph (F) of subsection (c)(1) of this section 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.”; and (2) by redesignating paragraphs (3) through (8) as (4) through (9) respectively.

  7. Department of Justice Assets Forfeiture Fund Amendments Act of 1986

    Pub. L. 99–570 § 1152(a)(1)(2) · 100 Stat. 3207

    Inserted · 28 U.S.C. § 524(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended—

  8. Department of Justice Assets Forfeiture Fund Amendments Act of 1986

    Pub. L. 99–570 § 1152(a)(1)(3) · 100 Stat. 3207

    1. Added · 28 U.S.C. § 524(c)(1)(B)(E)

      Pub. L. 99–570, § 1152(a)(1)(3), added subpar. (B)

    2. Redesignated · 28 U.S.C. § 524(c)(1)(B)(E)

      Pub. L. 99–570, § 1152(a)(1)(3), redesignated former subpars. (B) to (E) as (C) to (F), respectively

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended—

  9. Department of Justice Assets Forfeiture Fund Amendments Act of 1986

    Pub. L. 99–570 § 1152(a)(1)(3) · 100 Stat. 3207

    1. Redesignated · 28 U.S.C. § 524(c)(1)(F)

      Pub. L. 99–570, § 1152(a)(1)(3), (4), redesignated former subpar. (E) as (F)

    2. Redesignated · 28 U.S.C. § 524(c)(1)(F)

      Pub. L. 99–570, § 1152(a)(1)(3), (4), 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)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended—

  10. Department of Justice Assets Forfeiture Fund Amendments Act of 1986

    Pub. L. 99–570 § 1152(a)(1)(3) · 100 Stat. 3207

    Redesignated · 28 U.S.C. § 524(c)(1)(G)

    Pub. L. 99–570, § 1152(a)(1)(3), redesignated former subpar. (F) as (G)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(G). Pub. L. 99–570, § 1152(a)(1)(3), redesignated former subpar. (F) as (G).

    Enacted provision · exact public law section
    (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended—

  11. Department of Justice Assets Forfeiture Fund Amendments Act of 1986

    Pub. L. 99–570 § 1152(a)(1)(5) · 100 Stat. 3207

    Substituted · 28 U.S.C. § 524(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended—

  12. Department of Justice Assets Forfeiture Fund Amendments Act of 1986

    Pub. L. 99–570 § 1152(a)(1)(6) · 100 Stat. 3207

    1. Redesignated · 28 U.S.C. § 524(c)(8); 28 U.S.C. § 524(c)(9)

      Pub. L. 99–570, § 1152(a)(1)(6), redesignated par. (9) as (8)

    2. Struck · 28 U.S.C. § 524(c)(8); 28 U.S.C. § 524(c)(9)

      Pub. L. 99–570, § 1152(a)(1)(6), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Department of Justice Assets Forfeiture Fund.— Subsection (c) of section 524 of title 28, United States Code, is amended—

  13. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 27(a) · 100 Stat. 3592

    Redesignated · 28 U.S.C. § 524(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 524(c)(1)(E) of title 28, United States Code, is amended— (1) by inserting “the Federal Bureau of Investigation, the United States Marshals Service,” after “for official use by”; and (2) by inserting a comma before “or”.

  14. Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101(a)(tII)(s210)(a) · 101 Stat. 1329

    Added · 28 U.S.C. § 524(c)(1)(H)

    Pub. L. 100–202 added subpar. (H)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(H). Pub. L. 100–202 added subpar. (H).

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

  15. Asset Forfeiture Amendments Act of 1988

    Pub. L. 100–690 title VI § 6072 · 102 Stat. 4181

    Amended · 28 U.S.C. § 524(c)

    Pub. L. 100–690 amended subsec. (c) generally, revising and restating as pars. (1) to (10) provisions of former pars. (1) to (8)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 6072. DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND. Section 524(c) of title 28, United States Code, is amended to read as follows: “(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 purposes of the Department of Justice— “(A) 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; “(B) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States; “(C) 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.), at the discretion of the Attorney General; “(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) disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice; “(F) for equipping for drug law enforcement functions any government-owned or leased vessels, vehicles, and aircraft available for official use by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Immigration and Naturalization Service, or the United States Marshals Service; “(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; and “(H) 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. Amounts for paying the expenses authorized by subparagraphs (A)(ii), (B), (C), (F), and (G) shall be specified in appropriations acts. 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 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), 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 for information, 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 for information pursuant to paragraph (1)(B) shall not exceed $250,000. Any award for information pursuant to paragraph (1)(C) shall not exceed the lesser of $250,000 or one-fourth of the amount realized by the United States from the property forfeited. “(3) Any amount under subparagraph (F) 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 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. “(5) Amounts in the Fund which are not currently needed for the purpose of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States and all earnings on such investments shall be deposited in the Fund. “(6) Reports. The Attorney General shall transmit to the Congress, not later than 4 months after the end of each fiscal year, two detailed reports as follows: “(A) a report on— “(i) the estimated total value of property forfeited under any law enforced or administered by the Department of Justice with respect to which funds were not deposited in the Fund; and “(ii) the estimated total value of all such property transferred to any State or local law enforcement agency; and “(B) a report on— “(i) the Fund’s beginning balance; “(ii) sources of receipts (seized cash, conveyances, and others); “(iii) liens and mortgages paid and amount of money shared with State and local law enforcement agencies; “(iv) the net amount realized from the year’s operations, amount of seized cash being held as evidence, and the amount of money legally allowed to be carried over to next year; “(v) any defendant’s equity in property valued at $1,000,000 or more; and “(vi) year-end Fund balance. “(7) The Fund shall be subject to annual audit by the Comptroller General. “(8) The provisions of this subsection relating to deposits in the Fund shall apply to all property in the custody of the Department of Justice on or after the effective date of the Comprehensive Forfeiture Act of 1983. “(9) There are authorized to be appropriated such sums as necessary for the purposes described in subparagraphs (A)(ii), (B), (C), (F), and (G) of paragraph (1). 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. “(10) 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.”.

  16. Treasury Department Appropriations Act, 1991

    Pub. L. 101–509 title III § 1 · 104 Stat. 1389

    1. Amended · 28 U.S.C. § 524(c)(9)

      Pub. L. 101–509 amended second sentence generally

    2. Substituted · 28 U.S.C. § 524(c)(9)

      Pub. L. 101–509 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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    Section 1. Not to exceed 4 per centum of any appropriation made available to the Internal Revenue Service for the current fiscal year by this Act may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the House and Senate Committees on Appropriations.

  17. Crime Control Act of 1990

    Pub. L. 101–647 § 2005 · 104 Stat. 4789

    Amended · 28 U.S.C. § 524(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;”

    Source evidence

    Code amendment note
    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;”.

    Enacted provision · exact public law section
    SEC. 2005. ADDITIONAL FORFEITURE AWARD AUTHORITY. Section 524(c)(1)(C) of title 28, United States Code, is amended to read as follows: “(C) 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.”.

  18. Crime Control Act of 1990

    Pub. L. 101–647 § 1601 · 104 Stat. 4789

    Substituted · 28 U.S.C. § 524(c)(1)(C)

    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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 1601. ENLARGEMENT OF FORFEITURE AWARD AUTHORITY. Section 524(c)(1)(C) of title 28, United States Code, is amended by striking out “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.)” and inserting in lieu thereof “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.”.

  19. Crime Control Act of 1990

    Pub. L. 101–647 § 2006 · 104 Stat. 4789

    1. Struck · 28 U.S.C. § 524(c)(6)

      Pub. L. 101–647, § 2006, struck out “two” after “fiscal year,” in introductory provisions

    2. Added · 28 U.S.C. § 524(c)(6)

      Pub. L. 101–647, § 2006, added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 101–647, § 2006, struck out “two” after “fiscal year,” in introductory provisions and added subpar. (C).

    Enacted provision · exact public law section
    SEC. 2006. REPORT TO CONGRESS. Section 524(c)(6) of title 28, United States Code, is amended— (1) in the matter before subparagraph (A), by striking out “two”; (2) by striking out “and” at the end of subparagraph (A); (3) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof “; and”; and (4) by adding at the end the following new subparagraph: “(C) a report for such fiscal year, containing audited financial statements, in the form prescribed by the Attorney General, in consultation with the Comptroller General, including profit and loss information with respect to forfeited property (by category), and financial information on forfeited property transactions (by type of disposition).”.

  20. Crime Control Act of 1990

    Pub. L. 101–647 § 2001(a) · 104 Stat. 4789

    1. Inserted · 28 U.S.C. § 524(c)(9)

      Pub. L. 101–647, § 2001(a), inserted “(A)” before “There”

    2. Substituted · 28 U.S.C. § 524(c)(9)

      Pub. L. 101–647, § 2001(a), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) Assets Forfeiture Fund Amendment.— Section 524(c)(9) of title 28, United States Code, is amended— (1) in the first sentence, by striking out “(9) There” and inserting in lieu thereof “(9)(A) There”; and (2) by striking out the second sentence and inserting in lieu thereof the following: “(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). “(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.”.

  21. Crime Control Act of 1990

    Pub. L. 101–647 § 2002 · 104 Stat. 4789

    1. Added · 28 U.S.C. § 524(c)(10); 28 U.S.C. § 524(c)(11)

      Pub. L. 101–647, § 2002, added par. (10)

    2. Redesignated · 28 U.S.C. § 524(c)(10); 28 U.S.C. § 524(c)(11)

      Pub. L. 101–647, § 2002, redesignated former par. (10) as (11)

    Source evidence

    Code amendment note
    Subsec. (c)(10), (11). Pub. L. 101–647, § 2002, added par. (10) and redesignated former par. (10) as (11).

    Enacted provision · exact public law section
    SEC. 2002. CLARIFICATION OF ATTORNEY GENERAL’S AUTHORITY TO WARRANT CLEAR TITLE UPON TRANSFER OF FORFEITED PROPERTY. Section 524(c) of title 28, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph: “(10) 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.”.

  22. Pub. L. 102–27 title II § 101 · 105 Stat. 130

    Added · 28 U.S.C. § 524(c)(9)(E)

    Pub. L. 102–27 added subpar. (E)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–27 added subpar. (E).

  23. Pub. L. 102–140 § 112(1) · 105 Stat. 782

    Substituted · 28 U.S.C. § 524(c)(1)

    Pub. L. 102–140, § 112(1), substituted “law enforcement purposes” for “purposes of the Department of Justice” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–140, § 112(1), substituted “law enforcement purposes” for “purposes of the Department of Justice” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (c)(1), by deleting “purposes of the Department of Justice” and inserting in lieu thereof the following: “law enforcement purposes”;

  24. Pub. L. 102–140 § 112(2) · 105 Stat. 782

    1. Added · 28 U.S.C. § 524(c)(1)(C)

      Pub. L. 102–140, § 112(2), added subpar. (C)

    2. Struck · 28 U.S.C. § 524(c)(1)(C)

      Pub. L. 102–140, § 112(2), 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—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by deleting subsection (c)(1)(C), and inserting in lieu thereof the following: “(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;”;

  25. Pub. L. 102–140 § 112(3) · 105 Stat. 782

    1. Struck · 28 U.S.C. § 524(c)(1)(F)

      Pub. L. 102–140, § 112(3), (4), struck out “drug” before “law enforcement functions”

    2. Substituted · 28 U.S.C. § 524(c)(1)(F)

      Pub. L. 102–140, § 112(3), (4), 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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) in subsection (c)(1)(F), by deleting the word “drug” preceding the words “law enforcement functions”;

  26. Pub. L. 102–140 § 112(5) · 105 Stat. 782

    1. Added · 28 U.S.C. § 524(c)(4)

      Pub. L. 102–140, § 112(5), added par. (4)

    2. Struck · 28 U.S.C. § 524(c)(4)

      Pub. L. 102–140, § 112(5), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (5) by deleting subsection (c)(4) and inserting in lieu thereof the following: “(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 Sec-retary 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 State, local or foreign law, for any Federal agency participating in the Fund.”;

  27. Pub. L. 102–140 § 112(6) · 105 Stat. 782

    Inserted · 28 U.S.C. § 524(c)(5)

    Pub. L. 102–140, § 112(6), inserted “, and in any holding accounts associated with the Fund” after first reference to “Fund”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 102–140, § 112(6), inserted “, and in any holding accounts associated with the Fund” after first reference to “Fund”.

    Enacted provision · exact public law section
    (6) by inserting in subsection (c)(5), immediately following “Amounts in the Fund”, the following: “, and in any holding accounts associated with the Fund”;

  28. Pub. L. 102–140 § 112(7) · 105 Stat. 782

    Inserted · 28 U.S.C. § 524(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (7) by adding at the end of subsection (c)(9)(C) the following sentence: “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.”; and

  29. Pub. L. 102–140 § 112(8)(B) · 105 Stat. 782

    Substituted · 28 U.S.C. § 524(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) by deleting “to procure vehicles, equipment, and other capital investment items for the law enforcement, prosecution and correctional activities of the Department of Justice.”, and inserting in lieu thereof the following: “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.”.

  30. Pub. L. 102–140 § 112(8)(A) · 105 Stat. 782

    Substituted · 28 U.S.C. § 524(c)(9)(E)

    Pub. L. 102–140, § 112(8)(A), substituted “of each fiscal year thereafter” for “, 1992”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–140, § 112(8)(A), substituted “of each fiscal year thereafter” for “, 1992”.

    Enacted provision · exact public law section
    (A) by deleting “, 1992”, and inserting in lieu thereof “of each fiscal year thereafter”;

  31. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(1)(C) · 106 Stat. 1729

    1. Added · 28 U.S.C. § 524(c)(1)

      Pub. L. 102–393, § 638(f)(1)(C)–(F), which directed amendment of par. (1) by adding subpar. (H)

    2. Redesignated · 28 U.S.C. § 524(c)(1)

      Pub. L. 102–393, § 638(f)(1)(C)–(F), which directed amendment of par. (1) by redesignating former subpar. (H) as (I)

    3. Substituted · 28 U.S.C. § 524(c)(1)

      Pub. L. 102–393, § 638(f)(1)(C)–(F), which directed amendment of par. (1) by substituting “(A)(iv)” for “(A)(ii)” 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

    4. Substituted · 28 U.S.C. § 524(c)(1)

      Pub. L. 102–393, § 638(f)(1)(C)–(F), which directed amendment of par. (1) by substituting “(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (C) by striking “and” at the end of subparagraph (G);

  32. Pub. L. 102–395 § 114(c) · 106 Stat. 1828

    Amended · 28 U.S.C. § 524(c)(1)

    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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (c) Subsection 524(c) of title 28, United States Code, as amended, is further amended in paragraph (1) by amending the first sentence following subsection (1)(H) to read: “Amounts for paying the expenses authorized by subparagraphs (A)(ii), (B), (C), (F), and (G) shall be specified in appropriations Acts and may be used under authorities available to the organization receiving the funds.”.

  33. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(1)(A) · 106 Stat. 1729

    Amended · 28 U.S.C. § 524(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—

    Source evidence

    Code amendment note
    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;”.

    Enacted provision · exact public law section
    (A) by amending subparagraph (A) to read as follows: “(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;”;

  34. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(1)(B) · 106 Stat. 1729

    Amended · 28 U.S.C. § 524(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;”

    Source evidence

    Code amendment note
    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;”.

    Enacted provision · exact public law section
    (B) by amending subparagraph (F) to read as follows: “(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;”;

  35. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(1)(C) · 106 Stat. 1729

    1. Added · 28 U.S.C. § 524(c)(1)(H); 28 U.S.C. § 524(c)(1)(I)

      Pub. L. 102–393, § 638(f)(1)(C)–(E), added subpar. (H)

    2. Redesignated · 28 U.S.C. § 524(c)(1)(H); 28 U.S.C. § 524(c)(1)(I)

      Pub. L. 102–393, § 638(f)(1)(C)–(E), redesignated former subpar. (H) as (I)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(H), (I). Pub. L. 102–393, § 638(f)(1)(C)–(E), added subpar. (H) and redesignated former subpar. (H) as (I).

    Enacted provision · exact public law section
    (C) by striking “and” at the end of subparagraph (G);

  36. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(2) · 106 Stat. 1729

    1. Inserted · 28 U.S.C. § 524(c)(4)

      Pub. L. 102–393, § 638(f)(2), inserted “Federal,” before “State” in subpar. (B)

    2. Added · 28 U.S.C. § 524(c)(4)

      Pub. L. 102–393, § 638(f)(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 102–393, § 638(f)(2), inserted “Federal,” before “State” in subpar. (B) and added subpar. (C).

    Enacted provision · exact public law section
    (2) in paragraph (4)— (A) by inserting “Federal,” in subparagraph (B) before “State”; (B) by striking the period at the end of subparagraph (B) and inserting “;and”; and (C) by adding at the end thereof the following new subparagraph: “(C) all amounts transferred by the Secretary of the Treasury pursuant to section 9703(g)(4)(A)(ii) of title 31.”;

  37. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(3) · 106 Stat. 1729

    Amended · 28 U.S.C. § 524(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) by amending paragraph (6)(B)(v) to read as follows: “(v) any defendant’s property, not forfeited at the end of the preceding fiscal year, if the equity in such property is valued at $1,000,000 or more; and”;

  38. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(4) · 106 Stat. 1729

    1. Substituted · 28 U.S.C. § 524(c)(9)(A)

      Pub. L. 102–393, § 638(f)(4), substituted “(A)(iv)” for “(A)(ii)”

    2. Substituted · 28 U.S.C. § 524(c)(9)(A)

      Pub. L. 102–393, § 638(f)(4), substituted “(G), and (H)” for “and (G)”

    Source evidence

    Code amendment note
    Subsec. (c)(9)(A). Pub. L. 102–393, § 638(f)(4), substituted “(A)(iv)” for “(A)(ii)” and “(G), and (H)” for “and (G)”.

    Enacted provision · exact public law section
    (4) in paragraph (9)(A)— (A) by striking “(A)(ii)” and inserting “(A)(iv)”; and (B) by striking “and (G)” and inserting “(G), and (H)”;

  39. Pub. L. 102–395 § 114(b) · 106 Stat. 1828

    1. Struck · 28 U.S.C. § 524(c)(9)(E)

      Pub. L. 102–395, § 114(b), struck out “to be transferred to any Federal agency” after “without fiscal year limitation,”

    2. Substituted · 28 U.S.C. § 524(c)(9)(E)

      Pub. L. 102–395, § 114(b), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Subsection 524(c)(9)(E) of title 28, United States Code, as amended, is further amended as follows: (1) by deleting “to be transferred to any Federal agency”, and (2) by striking the period after “related training requirements” and inserting “of Federal agencies. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”.

  40. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(5) · 106 Stat. 1729

    Struck · 28 U.S.C. § 524(c)(9)(E)

    Pub. L. 102–393, § 638(f)(5), struck out “to procure vehicles, equipment, and other capital investment items” before “for law enforcement”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–393, § 638(f)(5), struck out “to procure vehicles, equipment, and other capital investment items” before “for law enforcement”.

    Enacted provision · exact public law section
    (5) in paragraph (9)(E), by striking “to procure vehicles, equipment, and other capital investment items”; and

  41. Treasury Forfeiture Fund Act of 1992

    Pub. L. 102–393 § 638(f)(6) · 106 Stat. 1729

    1. Added · 28 U.S.C. § 524(c)(11); 28 U.S.C. § 524(c)(12)

      Pub. L. 102–393, § 638(f)(6), added pars. (11) and (12)

    2. Struck · 28 U.S.C. § 524(c)(11); 28 U.S.C. § 524(c)(12)

      Pub. L. 102–393, § 638(f)(6), 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—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (6) by striking paragraph (11) and inserting the following new paragraphs: “(11) The Attorney General shall transfer from the Fund to the Secretary of the Treasury for deposit in the Department of the Treasury Forfeiture Fund amounts appropriate to reflect the degree of participation of the Department of the Treasury law enforcement organizations (described in section 9703(p) of title 31) in the law enforcement effort resulting in the forfeiture pursuant to laws enforced or administered by the Department of Justice. “(12) For purposes of this subsection and notwithstanding section 9703 of title 31 or any other law, property is forfeited pursuant to a law enforced or administered by the Department of Justice if it is forfeited pursuant to— “(A) a judicial forfeiture proceeding when the underlying seizure was made by an officer of a Federal law enforcement agency participating in the Department of Justice Assets Forfeiture Fund or the property was maintained by the United States Marshals Service; or “(B) a civil administrative forfeiture proceeding conducted by a Department of Justice law enforcement component.”.

  42. AnnunzioWylie Anti-Money Laundering Act

    Pub. L. 102–550 title XV § 1529 · 106 Stat. 3672

    Inserted · 28 U.S.C. § 524(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 1529. AWARDS IN MONEY LAUNDERING CASES. Section 524(c)(1))(B) of title 28, United States Code, is amended by inserting “or of sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 60501 of the Internal Revenue Code of 1986” after “criminal drug laws of the United States”.

  43. Pub. L. 103–121 title I § 109 · 107 Stat. 1153

    Struck · 28 U.S.C. § 524(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 September 30, 1991, and on September 30 of each fiscal year thereafter, shall be available to the Attorney General, without fiscal year limitation, for law enforcement, prosecution and correctional activities, and related training requirements of Federal agencies. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”

    Source evidence

    Code amendment note
    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 September 30, 1991, and on September 30 of each fiscal year thereafter, shall be available to the Attorney General, without fiscal year limitation, for law enforcement, prosecution and correctional activities, and related training requirements of Federal agencies. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”

  44. Pub. L. 103–317 title I § 110 · 108 Stat. 1724

    Added · 28 U.S.C. § 524(c)(9)(E)

    Pub. L. 103–317 added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (c)(9)(E). Pub. L. 103–317 added subpar. (E).

  45. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320913(a) · 108 Stat. 1796

    1. Added · 28 U.S.C. § 524(c)(1)(H); 28 U.S.C. § 524(c)(1)(I)

      Pub. L. 103–322, § 320913(a), added subpar. (H)

    2. Redesignated · 28 U.S.C. § 524(c)(1)(H); 28 U.S.C. § 524(c)(1)(I)

      Pub. L. 103–322, § 320913(a), redesignated former subpar. (H) relating to payment of overtime salaries, travel, etc. as (I)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Amendment.— Section 524(c)(1) of title 28, United States Code, is amended— (1) by redesignating subparagraph (H) as subparagraph (I); and (2) by inserting after subparagraph (G) the following new subparagraph: “(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”.

  46. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320302(1) · 108 Stat. 1796

    Struck · 28 U.S.C. § 524(c)(6)(B)

    Pub. L. 103–322, § 320302(1), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (c)(6)(B). Pub. L. 103–322, § 320302(1), struck out “and” at end.

    Enacted provision · exact public law section
    (1) by striking “and” at the end of subparagraph (B);

  47. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320302(2) · 108 Stat. 1796

    Substituted · 28 U.S.C. § 524(c)(6)(C)

    Pub. L. 103–322, § 320302(2), substituted “; and” for period at end

    Source evidence

    Code amendment note
    Subsec. (c)(6)(C). Pub. L. 103–322, § 320302(2), substituted “; and” for period at end.

    Enacted provision · exact public law section
    (2) by striking the period at the end of subparagraph (C) and inserting “; and”; and

  48. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320301(b) · 108 Stat. 1796

    Inserted · 28 U.S.C. § 524(c)(6)(C)

    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).”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (b) Inclusion in Attorney General’s Report.— Section 524(c)(6)(C) of title 28, United States Code, is amended by adding at the end the following flush sentence: “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).”.

  49. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320302(3) · 108 Stat. 1796

    Added · 28 U.S.C. § 524(c)(6)(D)

    Pub. L. 103–322, § 320302(3), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (c)(6)(D). Pub. L. 103–322, § 320302(3), added subpar. (D).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subparagraph: “(D) a report for such fiscal year containing a description of the administrative and contracting expenses paid from the Fund under paragraph (1)(A).”.

  50. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320301(a) · 108 Stat. 1796

    1. Amended · 28 U.S.C. § 524(c)(7)

      Pub. L. 103–322, § 320301(a), amended par. (7) generally

    2. Amended · 28 U.S.C. § 524(c)(7)

      Pub. L. 103–322, § 320301(a), designating existing provisions as subpar. (A)

    3. Added · 28 U.S.C. § 524(c)(7)

      Pub. L. 103–322, § 320301(a), adding subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 103–322, § 320301(a), amended par. (7) generally, designating existing provisions as subpar. (A) and adding subpar. (B).

    Enacted provision · exact public law section
    (a) State Requirement.— Section 524(c)(7) of title 28, United States Code, is amended to 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.”.

  51. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 90205(b) · 108 Stat. 1796

    Amended · 28 U.S.C. § 524(c)(9)(B)(D)

    Pub. L. 103–322, § 90205(b), amended subpars. (B) to (D) generally. Prior to amendment, subpars. (B) to (D) read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Transfers From Department of Justice Assets Forfeiture Fund.— Section 524(c)(9) of title 28, United States Code, is amended by amending subparagraphs (B), (C), and (D) to read as follows: “(B) Subject to subparagraphs (C) and (D), at the end of each of fiscal years 1994, 1995, 1996, and 1997, the Attorney General shall transfer from the Fund not more than $100,000,000 to the Special Forfeiture Fund established by section 6073 of the Anti-Drug Abuse Act of 1988. “(C) Transfers under subparagraph (B) may be made only from the excess unobligated balance and may not exceed one-half of the excess unobligated balance for any year. In addition, transfers under subparagraph (B) may be made only to the extent that the sum of the transfers in a fiscal year and one-half of the unobligated balance at the beginning of that fiscal year for the Special Forfeiture Fund does not exceed $100,000,000. “(D) For the purpose of determining amounts available for distribution at year end for any fiscal year, ‘excess unobligated balance’ means the unobligated balance of the Fund generated by that fiscal year’s operations, less any amounts that are required to be retained in the Fund to ensure the availability of amounts in the subsequent fiscal year for purposes authorized under paragraph (1).”.

  52. Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1091(h) · 109 Stat. 707

    1. Redesignated · 28 U.S.C. § 524(c)(7)(12)

      Pub. L. 104–66 redesignated pars. (8) to (12) as (7) to (11), respectively

    2. Struck · 28 U.S.C. § 524(c)(7)(12)

      Pub. L. 104–66 struck out former par. (7) which read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (h) Report on Forfeiture Fund.— Section 524(c) of title 28, United States Code, is amended— (1) by striking out paragraph (7); and (2) by redesignating paragraphs (8) through (12) as paragraphs (7) through (11), respectively.

  53. Pub. L. 104–91 title I § 101(a) · 110 Stat. 7

    Redesignated · 28 U.S.C. § 524(c)(8)(E)

    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 Sept. 30, 1995, was executed by adding subpar. (E) at the end of subsec. (c)(8), to reflect the redesignation of subsec. (c)(9) as (c)(8) by Pub. L. 104–66. See below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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 Sept. 30, 1995, was executed by adding subpar. (E) at the end of subsec. (c)(8), to reflect the redesignation of subsec. (c)(9) as (c)(8) by Pub. L. 104–66. See below.

    Enacted provision · exact public law section
    (a) Such amounts as may be necessary under the authority and conditions provided in the applicable appropriations Act for the fiscal year 1995 for continuing the following projects or activities including the costs of direct loans and loan guarantees (not otherwise specifically provided for in this Act) which were conducted in the fiscal year 1995: All allowances paid under section 5(b) of the Peace Corps Act, 22 U.S.C. section 2504, notwithstanding section 10 of Public Law 91–672, at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–295) on the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (H.R. 1868), as passed by the House of Representatives on October 31, 1995; All activities, including administrative expenses, necessary to process single-family mortgage loans and refinancing for low-income and moderate-income families funded under the Federal Housing Administration’s “FHA-mutual mortgage insurance program account” and “FHA-general and special risk program account” in the Department of Housing and Urban Development at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–384) on the Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (H.R. 2099), as passed by the House of Representatives on December 7, 1995; All projects and activities directly related to the security of United States diplomatic posts and facilities abroad, notwithstanding section 15 of the State Department Basic Authorities Act of 1956 at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–378) on the Departments of Commerce, justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the House of Representatives on December 6, 1995; Activities funded under the account heading “Emergency food and shelter program” in the Federal Emergency Management Agency: Provided, That, notwithstanding any other provision of this Act, the amount made available by this Act shall not exceed $46,000,000: Provided further, That not to exceed three and one-half per centum of the amount made available shall be for administrative costs; All retirement pay and medical benefits for Public Health Services Commissioned Officers as authorized by law, and for pa3anents under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan and for medical care of dependents and retired personnel under the Dependent’s Medical Care Act (10 U.S.C. ch. 55) and for payments pursuant to section 229(b) of the Social Security Act (42 U.S.C. 429(b)) at a rate for operations, notwithstanding any other provision of this Act, provided for in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 (H.R. 2127), as passed by the House of Representatives on August 4, 1995; All projects and activities of the Federal Bureau of Investigation, Drug Enforcement Administration, Interagency Crime and Drug Enforcement, Federal Prison System, United States Attorneys, United States Marshals Service, Federal Prisoner Detention, Fees and Expenses of Witnesses, Immigration and Naturalization Service, and the Executive Office for Immigration Review, necessary for the investigation and prosecution of criminal and civil offenses; national security; the apprehension, detention and removal of illegal and criminal aliens; the incarceration, detention, and movement of Federal prisoners and detainees; and the protection of the Federal judiciary at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–378) on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the House of Representatives on December 6, 1995; All projects and activities of the Judiciary to the extent and in the manner and at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–378) on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the House of Representatives on December 6, 1995; All projects and activities necessary to provide for the expenses of State surveys and certifications under the account heading “Program Management” under the Health Care Financing Administration in the Department of Health and Human Services; Trade adjustment assistance benefits and North American Free Trade Act benefits funded under the account heading “Federal Unemployment Benefits and Allowances” under the Employment and Training Administration in the Department of Labor; Payments to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds under the account heading “Payments to Health Care Trust Funds” under the Health Care Financing Administration in the Department of Health and Human Services; All projects and activities necessary to provide for the expenses of Medicare contractors under title XVIII of the Social Security Act under the account heading “Program Management” under the Health Care Financing Administration in the Department of Health and Human Services; All projects and activities funded under the account heading “Grants to States for Medicaid” under the Health Care Financing Administration in the Department of Health and Human Services; All projects and activities of the National Institutes of Health in the Department of Health and Human Services at a rate for operations, notwithstanding any other provision of this Act, provided for in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1996 (H.R. 2127), as passed by the House of Representatives on August 4, 1995; All projects and activities necessary to carry out the section 7(a) General Business Loan Guaranty Program and the section 504 Certified Development Company Program, as authorized by law, under the Small Business Administration at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–378) on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the House of Representatives on December 6, 1995; All projects and activities funded under the account heading “Surety Bond Guarantees Revolving Fxmd” under the Small Business Administration at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–378) on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 2076), as passed by the House of Representatives on December 6, 1995; All projects and activities necessary to accommodate visitors and to provide for visitors services on the public lands managed by the Bureau of Land Management at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–402) on the Department of the Interior and Related Agencies Appropriations Act, 1996 (H.R. 1977), as passed by the House of Representatives on December 13, 1995; All projects and activities funded under the account heading “Disease Control, Research, and Training” under the Centers for Disease Control and Prevention in the Department of Health and Human Services at a rate for operations, notwithstanding any other provision of this Act, not to exceed an annual rate for new obligational authority of $2,114,693,000; All Self-Determination and Self-Governance projects and activities of tribes or tribal organizations (as that term is defined in Public Law 93–638) that are authorized by Public Law 93–638 under the account heading “Operation of Indian Programs” under the Bureau of Indian Affairs in the Department of the Interior or under the account heading “Indian Health Services” under the Indian Health Service in the Department of Health and Human Services at a rate for operations, notwithstanding any other provision of this Act, provided for in the conference report and joint explanatory statement of the Committee of Conference (House Report 104–402) on the Department of the Interior and Related Agencies Appropriations Act, 1996 (H.R. 1977), as passed by the House of Representatives on December 13, 1995; All projects and activities necessary to provide for the expenses of the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf under the account heading “Gallaudet University” in the Department of Education; Payments for benefits and interest on advances, together with expenses of operation and administration, under the account heading “Black Lung Disability Trust Fund” under the Employment Standards Administration in the Department of Labor; and Payments for benefits, together with expenses of operation and administration, under the account heading “Special Benefits for Disabled Coal Miners” in the Social Security Administration:

  54. Pub. L. 104–134 title I § 101 · 110 Stat. 1321

    Struck · 28 U.S.C. § 524(c)(8)(E)

    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 September 30, 1994 shall be available to the Attorney General, without fiscal year limitation, for any Federal law enforcement, litigative/prosecutive, and correctional activities, or any other authorized purpose of the Department of Justice. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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 September 30, 1994 shall be available to the Attorney General, without fiscal year limitation, for any Federal law enforcement, litigative/prosecutive, and correctional activities, or any other authorized purpose of the Department of Justice. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”

    Enacted provision · exact public law section
    Section 101. For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  55. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(a)(tI)(s114)(a) · 110 Stat. 3009

    Struck · 28 U.S.C. § 524(c)(1)

    Pub. L. 104–208, § 101(a) [title I, § 114(a)], struck out “(C),” after “(B),” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 104–208, § 101(a) [title I, § 114(a)], struck out “(C),” after “(B),” in concluding provisions.

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  56. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(a)(tI)(s114)(b) · 110 Stat. 3009

    Struck · 28 U.S.C. § 524(c)(8)(A)

    Pub. L. 104–208, § 101(a) [title I, § 114(b)], struck out “(C),” after “(B),”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(A). Pub. L. 104–208, § 101(a) [title I, § 114(b)], struck out “(C),” after “(B),”.

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  57. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(a)(tI)(s108) · 110 Stat. 3009

    Substituted · 28 U.S.C. § 524(c)(8)(E)

    Pub. L. 104–208, § 101(a) [title I, § 108], substituted “September 30, 1996” for “September 30, 1995”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(E). Pub. L. 104–208, § 101(a) [title I, § 108], substituted “September 30, 1996” for “September 30, 1995”.

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  58. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(a)(tI)(s117) · 110 Stat. 3009

    Amended · 28 U.S.C. § 524(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  59. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 § 101(a)(tI)(s116) · 110 Stat. 3009

    Added · 28 U.S.C. § 524(d)

    Pub. L. 104–208, § 101(a) [title I, § 116], added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–208, § 101(a) [title I, § 116], added subsec. (d).

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  60. Department of Justice Appropriations Act, 1998

    Pub. L. 105–119 § 124 · 111 Stat. 2440

    Substituted · 28 U.S.C. § 524(c)(8)(B)

    Pub. L. 105–119, § 124, substituted “and 1996,” for “1996, and 1997,”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(B). Pub. L. 105–119, § 124, substituted “and 1996,” for “1996, and 1997,”.

    Enacted provision · exact public law section
    Sec. 124. Section 524(c)(8)(B) of title 28, United States Code, is amended by deleting “1996, and 1997,” and inserting “and 1996,” in place thereof.

  61. Department of Justice Appropriations Act, 1998

    Pub. L. 105–119 § 108 · 111 Stat. 2440

    Substituted · 28 U.S.C. § 524(c)(8)(E)

    Pub. L. 105–119, § 108, substituted “1997 and thereafter” for “1996”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(E). Pub. L. 105–119, § 108, substituted “1997 and thereafter” for “1996”.

    Enacted provision · exact public law section
    Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is amended by striking “1996” and inserting “1997 and thereafter”.

  62. Department of Justice Appropriations Act, 1998

    Pub. L. 105–119 § 211(b) · 111 Stat. 2440

    Inserted · 28 U.S.C. § 524(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Section 524(c)(11)(B) of title 28, United States Code, is amended by adding at the end thereof “or pursuant to the authority of the Secretary of Commerce”.

  63. Intelligence Authorization Act for Fiscal Year 1999

    Pub. L. 105–272 title VI § 605 · 112 Stat. 2396

    Inserted · 28 U.S.C. § 524(d)(1)

    Pub. L. 105–272 inserted “or services” after “property”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 105–272 inserted “or services” after “property”.

    Enacted provision · exact public law section
    SEC. 605. AUTHORITY OF ATTORNEY GENERAL TO ACCEPT VOLUNTARY SERVICES. Section 524(d)(1) of title 28, United States Code, is amended by inserting “or services” after “property”.

  64. Civil Asset Forfeiture Reform Act of 2000

    Pub. L. 106–185 § 19 · 114 Stat. 202

    Amended · 28 U.S.C. § 524(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 19. ENHANCED VISIBILITY OF THE ASSET FORFEITURE PROGRAM. Section 524(c)(6) of title 28, United States Code, is amended to read as follows: “(6) (A) The Attorney General shall transmit to Congress and Public information. make available to the public, not later than 4 months after the end of each fiscal year, detailed reports for the prior fiscal year Deadlines. Reports. as follows: “(i) A report on total deposits to the Fund by State of deposit. “(ii) A report on total expenses paid from the Fund, by category of expense and recipient agency, including equitable sharing payments. “(iii) A report describing the number, value, and types of properties placed into official use by Federal agencies, by recipient agency. “(iv) A report describing the number, value, and types of properties transferred to State and local law enforcement agencies, by recipient agency. “(v) A report, by type of disposition, describing the number, value, and types of forfeited property disposed of during the year. “(vi) A report on the year-end inventory of property under seizure, but not yet forfeited, that reflects the type of property, its estimated value, and the estimated value of liens and mortgages outstanding on the property. “(vii) A report listing each property in the year-end inventory, not yet forfeited, with an outstanding equity of not less than $1,000,000. “(B) The Attorney General shall transmit to Congress and make available to the public, not later than 2 months after final issuance, the audited financial statements for each fiscal year for the Fund. “(C) Reports under subparagraph (A) shall include information with respect to all forfeitures under any law enforced or administered by the Department of Justice. “(D) The transmittal and publication requirements in subparagraphs (A) and (B) may be satisfied by— “(i) posting the reports on an Internet website maintained by the Department of Justice for a period of not less than 2 years; and “(ii) notifying the Committees on the Judiciary of the House of Representatives and the Senate when the reports are available electronically.”.

    Effective date note
    Amendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality.

  65. Methamphetamine Anti-Proliferation Act of 2000

    Pub. L. 106–310 § 3621(a) · 114 Stat. 1101

    1. Amended · 28 U.S.C. § 524(c)(1)(E)

      Pub. L. 106–310, § 3621(a), designated existing provisions as cl. (i)

    2. Inserted · 28 U.S.C. § 524(c)(1)(E)

      Pub. L. 106–310, § 3621(a), inserted “and” after semicolon at end

    3. Added · 28 U.S.C. § 524(c)(1)(E)

      Pub. L. 106–310, § 3621(a), added cl. (ii)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Use of Amounts or Department of Justice Assets Forfeiture Fund.— Section 524(c)(1)(E) of title 28, United States Code, is amended— (1) by inserting “(i) for” before “disbursements”; (2) by inserting “and” after the semicolon; and (3) by adding at the end the following: “(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;”.

  66. Methamphetamine Anti-Proliferation Act of 2000

    Pub. L. 106–310 § 3613(b) · 114 Stat. 1101

    Added · 28 U.S.C. § 524(c)(4)(D)

    Pub. L. 106–310, § 3613(b), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (c)(4)(D). Pub. L. 106–310, § 3613(b), added subpar. (D).

    Enacted provision · exact public law section
    (b) Deposit of Amounts in Department of Justice Assets Forfeiture Fund.— Section 524(c)(4) of title 28, United States Code, is amended— (1) by striking “and” at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting “; and”; and (3) by adding at the end the following: “(D) all amounts collected— “(i) by the United States pursuant to a reimbursement order under paragraph (2) of section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)); and “(ii) pursuant to a restitution order under paragraph (1) or (3) of section 413(q) of the Controlled Substances Act for injuries to the United States.”.

  67. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(1) · 116 Stat. 1758

    Inserted · 28 U.S.C. § 524(a)

    Pub. L. 107–273, § 204(a)(1), inserted “to the Attorney General” after “available” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–273, § 204(a)(1), inserted “to the Attorney General” after “available” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a) by inserting “to the Attorney General” after “available”;

  68. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(2)(C) · 116 Stat. 1758

    1. Substituted · 28 U.S.C. § 524(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)”

    2. Substituted · 28 U.S.C. § 524(c)(1)

      Pub. L. 107–273, § 204(a)(2)(C), (D), in concluding provisions, substituted “under the Fund” for “under the fund”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (C) by striking “(A)(iv), (B), (F), (G), and (H)” in the first sentence following the second subparagraph (I) and inserting “(B), (F), and (G)"; and

  69. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(2)(B) · 116 Stat. 1758

    Struck · 28 U.S.C. § 524(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (B) by striking the 2d subparagraph (I);

  70. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(2)(A) · 116 Stat. 1758

    Substituted · 28 U.S.C. § 524(c)(1)(I)

    Pub. L. 107–273, § 204(a)(2)(A), substituted period for semicolon at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–273, § 204(a)(2)(A), substituted period for semicolon at end.

    Enacted provision · exact public law section
    (A) by striking the semicolon at the end of the 1st subparagraph (I) and inserting a period;

  71. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(3) · 116 Stat. 1758

    1. Substituted · 28 U.S.C. § 524(c)(2)

      Pub. L. 107–273, § 204(a)(3), substituted “shall not exceed $500,000” for “shall not exceed $250,000”

    2. Substituted · 28 U.S.C. § 524(c)(2)

      Pub. L. 107–273, § 204(a)(3), substituted “the lesser of $500,000” for “the lesser of $250,000”

    3. Struck · 28 U.S.C. § 524(c)(2)

      Pub. L. 107–273, § 204(a)(3), struck out “for information” after “Any award paid from the Fund” and after “Any award” in two places

    4. Inserted · 28 U.S.C. § 524(c)(2)

      Pub. L. 107–273, § 204(a)(3), 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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) in subsection (c)(2)— (A) by inserting before the period in the last sentence 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”; (B) by striking “for information” each place it appears; and (C) by striking “$250,000” the 2d and 3d places it appears and inserting “$500,000”;

  72. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(4) · 116 Stat. 1758

    Substituted · 28 U.S.C. § 524(c)(3)

    Pub. L. 107–273, § 204(a)(4), substituted “(G)” for “(F)”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 107–273, § 204(a)(4), substituted “(G)” for “(F)”.

    Enacted provision · exact public law section
    (4) in subsection (c)(3) by striking “(F)” and inserting “(G)”;

  73. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(5) · 116 Stat. 1758

    Substituted · 28 U.S.C. § 524(c)(5)

    Pub. L. 107–273, § 204(a)(5), substituted “Fund, that” for “Fund which”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 107–273, § 204(a)(5), substituted “Fund, that” for “Fund which”.

    Enacted provision · exact public law section
    (5) in subsection (c)(5) by striking “Fund which” and inserting “Fund, that”;

  74. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(6) · 116 Stat. 1758

    Substituted · 28 U.S.C. § 524(c)(8)(A)

    Pub. L. 107–273, § 204(a)(6), substituted “(B), (F), and (G)” for “(A)(iv), (B), (F), (G), and (H)”

    Source evidence

    Code amendment note
    Subsec. (c)(8)(A). Pub. L. 107–273, § 204(a)(6), substituted “(B), (F), and (G)” for “(A)(iv), (B), (F), (G), and (H)”.

    Enacted provision · exact public law section
    (6) in subsection (c)(8)(A), by striking “(A)(iv), (B), (F), (G), and (H)” and inserting “(B), (F), and (G)”; and

  75. 21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 § 204(a)(7) · 116 Stat. 1758

    1. Substituted · 28 U.S.C. § 524(c)(9)(B)

      Pub. L. 107–273, § 204(a)(7), substituted “years 2002 and 2003” for “year 1997”

    2. Substituted · 28 U.S.C. § 524(c)(9)(B)

      Pub. L. 107–273, § 204(a)(7), substituted “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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (7) in subsection (c)(9)(B)— (A) by striking “year 1997” and inserting “years 2002 and 2003”; and (B) by striking “Such transfer shall not” and inserting “Each such transfer shall be subject to satisfaction by the recipient involved of any outstanding hen against the property transferred, but no such transfer shall”.

  76. Pub. L. 111–350 § 5(g)(1) · 124 Stat. 3677

    Substituted · 28 U.S.C. § 524(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) In the last sentence of section 524(c)(1), strike “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)” and substitute “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”.

  77. Justice for Victims of Trafficking Act of 2015

    Pub. L. 114–22 § 105(b) · 129 Stat. 227

    Inserted · 28 U.S.C. § 524(c)(1)(B)

    Pub. L. 114–22, § 105(b), inserted “chapter 77 of title 18,” after “criminal drug laws of the United States or of”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 114–22, § 105(b), inserted “chapter 77 of title 18,” after “criminal drug laws of the United States or of”.

    Enacted provision · exact public law section
    (b) Amendment to Title 28.— Section 524(c)(1)(B) of title 28, United States Code, is amended by inserting “chapter 77 of title 18,” after “criminal drug laws of the United States or of”.

  78. Justice for Victims of Trafficking Act of 2015

    Pub. L. 114–22 § 105(c)(2)(A)(i)(I) · 129 Stat. 227

    Substituted · 28 U.S.C. § 524(c)(4)(C)

    Pub. L. 114–22, § 105(c)(2)(A)(i)(I), substituted “section 9705(g)(4)(A)” for “section 9703(g)(4)(A)(ii)”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(C). Pub. L. 114–22, § 105(c)(2)(A)(i)(I), substituted “section 9705(g)(4)(A)” for “section 9703(g)(4)(A)(ii)”.

    Enacted provision · exact public law section
    (I) in paragraph (4)(C), by striking “section 9703(g)(4)(A)(ii)” and inserting “section 9705(g)(4)(A)”;

  79. Justice for Victims of Trafficking Act of 2015

    Pub. L. 114–22 § 105(c)(2)(A)(i)(II) · 129 Stat. 227

    Substituted · 28 U.S.C. § 524(c)(10)

    Pub. L. 114–22, § 105(c)(2)(A)(i)(II), substituted “section 9705(o)” for “section 9703(p)”

    Source evidence

    Code amendment note
    Subsec. (c)(10). Pub. L. 114–22, § 105(c)(2)(A)(i)(II), substituted “section 9705(o)” for “section 9703(p)”.

    Enacted provision · exact public law section
    (II) in paragraph (10), by striking “section 9703(p)” and inserting “section 9705(o)”; and

  80. Justice for Victims of Trafficking Act of 2015

    Pub. L. 114–22 § 105(c)(2)(A)(i)(III) · 129 Stat. 227

    Substituted · 28 U.S.C. § 524(c)(11)

    Pub. L. 114–22, § 105(c)(2)(A)(i)(III), substituted “section 9705” for “section 9703”

    Source evidence

    Code amendment note
    Subsec. (c)(11). Pub. L. 114–22, § 105(c)(2)(A)(i)(III), substituted “section 9705” for “section 9703”.

    Enacted provision · exact public law section
    (III) in paragraph (11), by striking “section 9703” and inserting “section 9705”.

  81. Abolish Human Trafficking Act of 2017

    Pub. L. 115–392 § 4(a) · 132 Stat. 5250

    Inserted · 28 U.S.C. § 524(c)(1)(B)

    Pub. L. 115–392 inserted “, chapter 110 of title 18” after “chapter 77 of title 18”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 115–392 inserted “, chapter 110 of title 18” after “chapter 77 of title 18”.

    Enacted provision · exact public law section
    (a) Availability of DOJ Appropriations.— Section 524(c)(1)(B) of title 28, United States Code, is amended by inserting “, chapter 110 of title 18” after “chapter 77 of title 18”.

  82. Abolish Trafficking Reauthorization Act of 2022

    Pub. L. 117–347 title IV § 403 · 136 Stat. 6199

    Added · 28 U.S.C. § 524(c)(1)(J)

    Pub. L. 117–347 added subpar. (J)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(J). Pub. L. 117–347 added subpar. (J).

    Enacted provision · exact public law section
    SEC. 403. TIP ORGANIZATIONS.   Section 524(c)(1) of title 28, United States Code, is amended— (1) in subparagraph (H), by striking “and” at the end; (2) in subparagraph (I), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that— “(i) annually waive their qualification for— “(I) awards for information leading to forfeiture under subparagraph (C); and “(II) receiving payment from equitably shared forfeiture funds; and “(ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.” .

  83. Pub. L. 119–60 § 7207(d)(1)(A) · 139 Stat. 1693

    Substituted · 28 U.S.C. § 524(c)(4)(C)

    Pub. L. 119–60, § 7207(d)(1)(A), substituted “section 9705(f)(4)(A)” for “section 9705(g)(4)(A)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4)(C). Pub. L. 119–60, § 7207(d)(1)(A), substituted “section 9705(f)(4)(A)” for “section 9705(g)(4)(A)”.

  84. Pub. L. 119–60 § 7207(d)(1)(B) · 139 Stat. 1693

    Substituted · 28 U.S.C. § 524(c)(10)

    Pub. L. 119–60, § 7207(d)(1)(B), substituted “section 9705(n)” for “section 9705(o)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(10). Pub. L. 119–60, § 7207(d)(1)(B), substituted “section 9705(n)” for “section 9705(o)”.

107 of 115 references resolved to an enrolled provision · 6 partial · 2 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
1966 Act
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 341.July 28, 1950, ch. 503, § 1, 64 Stat. 380.

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.

historicalAndRevision
1982 Act
Revised SectionSource (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 ” are omitted as executed. The words “Except as provided in subsection (a) of this section” are added for clarity. The words “fees, storage, or other items of” are omitted as surplus. The words “to the Department” are added for clarity.

Editorial Notes

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, , 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in subsec. (c)(1)(G), is title III of Pub. L. 91–513, , 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.

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), , 120 Stat. 3539.

Section 605 of Public Law 103–121, referred to in subsec. (c)(8)(E), is section 605 of Pub. L. 103–121, title VI, , 107 Stat. 1194, which is not classified to the Code.

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 , which was enacted into law by Pub. L. 104–91.

Amendments1982–2025 · 21 rounds

2025

Subsec. (c)(4)(C). Pub. L. 119–60, § 7207(d)(1)(A), substituted “section 9705(f)(4)(A)” for “section 9705(g)(4)(A)”.

Subsec. (c)(10). Pub. L. 119–60, § 7207(d)(1)(B), substituted “section 9705(n)” for “section 9705(o)”.

2023

Subsec. (c)(1)(J). Pub. L. 117–347 added subpar. (J).

2018

Subsec. (c)(1)(B). Pub. L. 115–392 inserted “, chapter 110 of title 18” after “chapter 77 of title 18”.

2015

Subsec. (c)(1)(B). Pub. L. 114–22, § 105(b), inserted “chapter 77 of title 18,” after “criminal drug laws of the United States or of”.

Subsec. (c)(4)(C). Pub. L. 114–22, § 105(c)(2)(A)(i)(I), substituted “section 9705(g)(4)(A)” for “section 9703(g)(4)(A)(ii)”.

Subsec. (c)(10). Pub. L. 114–22, § 105(c)(2)(A)(i)(II), substituted “section 9705(o)” for “section 9703(p)”.

Subsec. (c)(11). Pub. L. 114–22, § 105(c)(2)(A)(i)(III), substituted “section 9705” for “section 9703”.

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 “” for “”.

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 shall be available to the Attorney General, without fiscal year limitation, for any Federal law enforcement, litigative/prosecutive, and correctional activities, or any other authorized purpose of the Department of Justice. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”

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 , was executed by adding subpar. (E) at the end of subsec. (c)(8), to reflect the redesignation of subsec. (c)(9) as (c)(8) by Pub. L. 104–66. See below.

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 , and on September 30 of each fiscal year thereafter, shall be available to the Attorney General, without fiscal year limitation, for law enforcement, prosecution and correctional activities, and related training requirements of Federal agencies. Any amounts provided pursuant to this section may be used under authorities available to the organization receiving the funds.”

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).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after , see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality.

Effective Date of 1994 Amendment

Pub. L. 103–322, title XXXII, § 320913(b), , 108 Stat. 2128, provided that: “The amendment made by subsection (a) [amending this section] shall apply to all claims pending at the time of or commenced subsequent to the date of enactment of this Act [].”

Transfer of Forfeited Real or Personal Property

Pub. L. 108–199, div. B, title I, § 108, , 118 Stat. 61, provided that:

“(a)

Hereafter, the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited or marginal value, as such value is determined by guidelines established by the Attorney General, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs.

“(b)

Any transfer under the preceding proviso [probably should be “subsection (a)”] shall not create or confer any private right of action in any person against the United States, and shall be treated as a reprogramming under section 605 of this Act [118 Stat. 93].”

Grant Programs; Availability of Funds to Jails With Pay-to-Stay Programs

Pub. L. 106–553, § 1(a)(2) [title I, § 117, formerly § 118], , 114 Stat. 2762, 2762A–69; renumbered § 1(a)(2) [title I, § 117], Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(2)], , 114 Stat. 2763, 2763A–179, provided that: “Notwithstanding any other provision of law, for fiscal 2001 and hereafter, with respect to any grant program for which amounts are made available under this title, no grant funds may be made available to any local jail that runs ‘pay-to-stay programs.’.”

Use of Funds Made Available for Removal of Substances Associated With Illegal Manufacture of Amphetamine and Methamphetamine

Pub. L. 106–310, div. B, title XXXVI, § 3621(c)(1), , 114 Stat. 1231, provided that: “Any amounts made available from the Department of Justice Assets Forfeiture Fund in a fiscal year by reason of the amendment made by subsection (a) [amending this section] shall supplement, and not supplant, any other amounts made available to the Department of Justice in such fiscal year from other sources for payment of costs described in section 524(c)(1)(E)(ii) of title 28, United States Code, as so amended.”

Acquisition of Equipment or Interim Services With Counterterrorism Funds

Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 109], , 113 Stat. 1535, 1501A–20, provided that: “Sections 115 [set out below] and 127 [42 U.S.C. 1997e note] of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277) shall apply to fiscal year 2000 and thereafter.”

Pub. L. 105–277, div. A, § 101(b) [title I, § 115], , 112 Stat. 2681–50, 2681–68, provided that:

“(a)
(1)

Notwithstanding any other provision of law, for fiscal year 1999, the Attorney General may obligate any funds appropriated for or reimbursed to the Counterterrorism programs, projects or activities of the Department of Justice to purchase or lease equipment or any related items, or to acquire interim services, without regard to any otherwise applicable Federal acquisition rule, if the Attorney General determines that—

“(A)

there is an exigent need for the equipment, related items, or services in order to support an ongoing counterterrorism, national security, or computer-crime investigation or prosecution;

“(B)

the equipment, related items, or services required are not available within the Department of Justice; and

“(C)

adherence to that Federal acquisition rule would—

“(i)

delay the timely acquisition of the equipment, related items, or services; and

“(ii)

adversely affect an ongoing counterterrorism, national security, or computer-crime investigation or prosecution.

“(2)

In this subsection, the term ‘Federal acquisition rule’ means any provision of title II or IX of the Federal Property and Administrative Services Act of 1949 [former 40 U.S.C. 481 et seq., 541 et seq., for distribution of sections of former Title 40 to Title 40, Public Buildings, Property, and Works, see Table preceding section 101 of Title 40], the Office of Federal Procurement Policy Act [see division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of Title 41, Public Contracts], the Small Business Act [15 U.S.C. 631 et seq.], the Federal Acquisition Regulation, or any other provision of law or regulation that establishes policies, procedures, requirements, conditions, or restrictions for procurements by the head of a department or agency or the Federal Government.

“(b)

The Attorney General shall immediately notify the Committees on Appropriations of the House of Representatives and the Senate in writing of each expenditure under subsection (a), which notification shall include sufficient information to explain the circumstances necessitating the exercise of the authority under that subsection.”

Grant Programs; “Tribe”, “Indian Tribe”, or “Tribal” Defined

Pub. L. 105–277, div. A, § 101(b) [title I, § 113], , 112 Stat. 2681–50, 2681–67, as amended by Pub. L. 106–31, title III, § 3028, , 113 Stat. 102; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 116], , 113 Stat. 1535, 1501A–21, provided that: “Notwithstanding any other provision of law for fiscal year 2000 and hereafter, with respect to any grant program for which amounts are made available under this title, the terms ‘tribe’, ‘Indian tribe’ or ‘tribal’ mean of or relating to an Indian tribe as that term is defined in section 4(e) of the Indian Self Determination and Education Assistance Act (Public Law 93–638, as amended; 25 U.S.C. 450b(e) (1998) [now 25 U.S.C. 5304(e)]).”

Counterterrorism Fund

Pub. L. 107–56, title I, § 101, , 115 Stat. 276, provided that:

“(a)

Establishment; Availability.—

There is hereby established in the Treasury of the United States a separate fund to be known as the ‘Counterterrorism Fund’, amounts in which shall remain available without fiscal year limitation—

“(1)

to reimburse any Department of Justice component for any costs incurred in connection with—

“(A)

reestablishing the operational capability of an office or facility that has been damaged or destroyed as the result of any domestic or international terrorism incident;

“(B)

providing support to counter, investigate, or prosecute domestic or international terrorism, including, without limitation, paying rewards in connection with these activities; and

“(C)

conducting terrorism threat assessments of Federal agencies and their facilities; and

“(2)

to reimburse any department or agency of the Federal Government for any costs incurred in connection with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States.

“(b)

No Effect on Prior Appropriations.—

Subsection (a) shall not be construed to affect the amount or availability of any appropriation to the Counterterrorism Fund made before the date of the enactment of this Act [].”

Pub. L. 104–19, title III, , 109 Stat. 249, provided that: “There is hereby established the Counterterrorism Fund which shall remain available without fiscal year limitation. For necessary expenses, as determined by the Attorney General, $34,220,000, to remain available until expended, is appropriated to the Counterterrorism Fund to reimburse any Department of Justice organization for the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as the result of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City or any domestic or international terrorism event: Provided, That funds from this appropriation also may be used to reimburse the appropriation account of any Department of Justice agency engaged in, or providing support to, countering, investigating or prosecuting domestic or international terrorism, including payment of rewards in connection with these activities, and to conduct a terrorism threat assessment of Federal agencies and their facilities: Provided further, That any amount obligated from appropriations under this heading may be used under the authorities available to the organization reimbursed from this appropriation: Provided further, That amounts in excess of the $10,555,000 made available for extraordinary expenses incurred in the Oklahoma City bombing for fiscal year 1995, shall be available only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of Public Law 103–317 [108 Stat. 1773]: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to [former] section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [former 2 U.S.C. 901(b)(2)(D)(i)], as amended: Provided further, That the amount not previously designated by the President as an emergency requirement shall be available only to the extent an official budget request, for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under 2 U.S.C. 900], as amended, is transmitted to Congress.”

Unauthorized Transfers From Department of Justice Accounts; Control of Allocation of Funds by Authority Other Than Office of Management and Budget or Department of Justice

Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on , and as enacted into law by Pub. L. 104–91, title I, § 101(a), , 110 Stat. 11, as amended by Pub. L. 104–99, title II, § 211, , 110 Stat. 37, provided that:

“Hereafter, notwithstanding any other provision of law—

“(1)

No transfers may be made from Department of Justice accounts other than those authorized in this Act [probably means H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in previous or subsequent appropriations Acts for the Department of Justice, or in part II of title 28 of the United States Code, or in section 10601 of title 42 of the United States Code [now 34 U.S.C. 20101]; and

“(2)

No appropriation account within the Department of Justice shall have its allocation of funds controlled by other than an apportionment issued by the Office of Management and Budget or an allotment advice issued by the Department of Justice.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 103–317, title I, § 113, , 108 Stat. 1736.

Use of Deposits Transferred From Assets Forfeiture Fund to Buildings and Facilities Account of Federal Prison System

Pub. L. 103–121, title I, § 106, , 107 Stat. 1163, provided that: “For fiscal year 1994 and thereafter, deposits transferred from the Assets Forfeiture Fund to the Buildings and Facilities account of the Federal Prison System may be used for the construction of correctional institutions, and the construction and renovation of Immigration and Naturalization Service and United States Marshals Service detention facilities, and for the authorized purposes of the Cooperative Agreement Program.”

[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, , 106 Stat. 1841.

Pub. L. 102–140, title I, § 107, , 105 Stat. 794.

Pub. L. 101–515, title II, § 208, , 104 Stat. 2119.

Pub. L. 101–162, title II, as added Pub. L. 101–302, title II, , 104 Stat. 216.

Notice and Approval of Transfer of Subsection (c)(1)(H) Deposits

Pub. L. 100–202, § 101(a) [title II, § 210(b)], , 101 Stat. 1329, 1329–18, provided that: “Amounts proposed for transfer pursuant to subsection (a) [amending this section] shall be transferred only upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate and approval under said Committees’ policies concerning the reprogramming of funds.”

Credits

1966–2025 · 32 acts
  1. 1966Added Pub. L. 89–554, § 4(c), , 80 Stat. 615
  2. 1982amended Pub. L. 97–258, § 2(g)(1)(B)–(D), , 96 Stat. 1060
  3. 1984Pub. L. 98–473, title II, §§ 310, 2303, , 98 Stat. 2052, 2193
  4. 1986Pub. L. 99–570, title I, § 1152(a), , 100 Stat. 3207–12
  5. 1986Pub. L. 99–646, § 27, , 100 Stat. 3597
  6. 1987Pub. L. 100–202, § 101(a) [title II, § 210(a)], , 101 Stat. 1329, 1329–18
  7. 1988Pub. L. 100–690, title VI, § 6072, , 102 Stat. 4320
  8. 1990Pub. L. 101–509, title III, § 1, , 104 Stat. 1403
  9. 1990Pub. L. 101–647, title XVI, § 1601, title XX, §§ 2001(a), 2002, 2005, 2006, , 104 Stat. 4842, 4854, 4855
  10. 1991Pub. L. 102–27, title II, § 101, , 105 Stat. 135
  11. 1991Pub. L. 102–140, title I, § 112, , 105 Stat. 795
  12. 1992Pub. L. 102–393, title VI, § 638(f), , 106 Stat. 1788
  13. 1992Pub. L. 102–395, title I, § 114(b), (c), , 106 Stat. 1845
  14. 1992Pub. L. 102–550, title XV, § 1529, , 106 Stat. 4065
  15. 1993Pub. L. 103–121, title I, § 109, , 107 Stat. 1164
  16. 1994Pub. L. 103–317, title I, § 110, , 108 Stat. 1735
  17. 1994Pub. L. 103–322, title IX, § 90205(b), title XXXII, §§ 320301, 320302, 320913(a), , 108 Stat. 1994, 2114, 2128
  18. 1995Pub. L. 104–66, title I, § 1091(h), , 109 Stat. 722
  19. 1996Pub. L. 104–91, title I, § 101(a), , 110 Stat. 11, amended Pub. L. 104–99, title II, § 211, , 110 Stat. 37
  20. 1996Pub. L. 104–134, title I, § 101[(a)] [title I, § 122], , 110 Stat. 1321, 1321–22
  21. 1996renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327
  22. 1996Pub. L. 104–208, div. A, title I, § 101(a) [title I, §§ 108, 114, 116, 117], , 110 Stat. 3009, 3009–18, 3009–22, 3009–23
  23. 1997Pub. L. 105–119, title I, §§ 108, 124, title II, § 211(b), , 111 Stat. 2457, 2471, 2487
  24. 1998Pub. L. 105–272, title VI, § 605, , 112 Stat. 2413
  25. 2000Pub. L. 106–185, § 19, , 114 Stat. 223
  26. 2000Pub. L. 106–310, div. B, title XXXVI, §§ 3613(b), 3621(a), , 114 Stat. 1230
  27. 2002Pub. L. 107–273, div. A, title II, § 204(a), , 116 Stat. 1775
  28. 2011Pub. L. 111–350, § 5(g)(1), , 124 Stat. 3848
  29. 2015Pub. L. 114–22, title I, § 105(b), (c)(2)(A)(i), , 129 Stat. 237
  30. 2018Pub. L. 115–392, § 4(a), , 132 Stat. 5251
  31. 2023Pub. L. 117–347, title IV, § 403, , 136 Stat. 6208
  32. 2025Pub. L. 119–60, div. G, title LXXII, § 7207(d)(1), , 139 Stat. 1693.
Show as published

(Added Pub. L. 89–554, § 4(c), , 80 Stat. 615; amended Pub. L. 97–258, § 2(g)(1)(B)–(D), , 96 Stat. 1060; Pub. L. 98–473, title II, §§ 310, 2303, , 98 Stat. 2052, 2193; Pub. L. 99–570, title I, § 1152(a), , 100 Stat. 3207–12; Pub. L. 99–646, § 27, , 100 Stat. 3597; Pub. L. 100–202, § 101(a) [title II, § 210(a)], , 101 Stat. 1329, 1329–18; Pub. L. 100–690, title VI, § 6072, , 102 Stat. 4320; Pub. L. 101–509, title III, § 1, , 104 Stat. 1403; Pub. L. 101–647, title XVI, § 1601, title XX, §§ 2001(a), 2002, 2005, 2006, , 104 Stat. 4842, 4854, 4855; Pub. L. 102–27, title II, § 101, , 105 Stat. 135; Pub. L. 102–140, title I, § 112, , 105 Stat. 795; Pub. L. 102–393, title VI, § 638(f), , 106 Stat. 1788; Pub. L. 102–395, title I, § 114(b), (c), , 106 Stat. 1845; Pub. L. 102–550, title XV, § 1529, , 106 Stat. 4065; Pub. L. 103–121, title I, § 109, , 107 Stat. 1164; Pub. L. 103–317, title I, § 110, , 108 Stat. 1735; Pub. L. 103–322, title IX, § 90205(b), title XXXII, §§ 320301, 320302, 320913(a), , 108 Stat. 1994, 2114, 2128; Pub. L. 104–66, title I, § 1091(h), , 109 Stat. 722; Pub. L. 104–91, title I, § 101(a), , 110 Stat. 11, amended Pub. L. 104–99, title II, § 211, , 110 Stat. 37; Pub. L. 104–134, title I, § 101[(a)] [title I, § 122], , 110 Stat. 1321, 1321–22; renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327; Pub. L. 104–208, div. A, title I, § 101(a) [title I, §§ 108, 114, 116, 117], , 110 Stat. 3009, 3009–18, 3009–22, 3009–23; Pub. L. 105–119, title I, §§ 108, 124, title II, § 211(b), , 111 Stat. 2457, 2471, 2487; Pub. L. 105–272, title VI, § 605, , 112 Stat. 2413; Pub. L. 106–185, § 19, , 114 Stat. 223; Pub. L. 106–310, div. B, title XXXVI, §§ 3613(b), 3621(a), , 114 Stat. 1230; Pub. L. 107–273, div. A, title II, § 204(a), , 116 Stat. 1775; Pub. L. 111–350, § 5(g)(1), , 124 Stat. 3848; Pub. L. 114–22, title I, § 105(b), (c)(2)(A)(i), , 129 Stat. 237; Pub. L. 115–392, § 4(a), , 132 Stat. 5251; Pub. L. 117–347, title IV, § 403, , 136 Stat. 6208; Pub. L. 119–60, div. G, title LXXII, § 7207(d)(1), , 139 Stat. 1693.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s524