-CITE-

31 USC CHAPTER 97 - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

CHAPTER 97 - MISCELLANEOUS

-MISC1-

Sec.

9701. Fees and charges for Government services and things of

value.

9702. Investment of trust funds.

9703.(!1) Managerial accountability and flexibility.

9704. Pilot projects for managerial accountability and

flexibility.

9703.(!1) Department of the Treasury Forfeiture Fund.

AMENDMENTS

1993 - Pub. L. 103-62, Sec. 11(b)(2), Aug. 3, 1993, 107 Stat.

295, added item 9703 relating to managerial accountability and

flexibility and item 9704.

1992 - Pub. L. 102-393, title VI, Sec. 638(b)(2), Oct. 6, 1992,

106 Stat. 1788, added item 9703.

-FOOTNOTE-

(!1) So in original. Two sections 9703 have been enacted.

-End-

-CITE-

31 USC Sec. 9701 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

Sec. 9701. Fees and charges for Government services and things of

value

-STATUTE-

(a) It is the sense of Congress that each service or thing of

value provided by an agency (except a mixed-ownership Government

corporation) to a person (except a person on official business of

the United States Government) is to be self-sustaining to the

extent possible.

(b) The head of each agency (except a mixed-ownership Government

corporation) may prescribe regulations establishing the charge for

a service or thing of value provided by the agency. Regulations

prescribed by the heads of executive agencies are subject to

policies prescribed by the President and shall be as uniform as

practicable. Each charge shall be -

(1) fair; and

(2) based on -

(A) the costs to the Government;

(B) the value of the service or thing to the recipient;

(C) public policy or interest served; and

(D) other relevant facts.

(c) This section does not affect a law of the United States -

(1) prohibiting the determination and collection of charges and

the disposition of those charges; and

(2) prescribing bases for determining charges, but a charge may

be redetermined under this section consistent with the prescribed

bases.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

9701 31:483a. Aug. 31, 1951, ch. 376, Sec.

501, 65 Stat. 290.

--------------------------------------------------------------------

In the section, the words "agency (except a mixed-ownership

Government corporation)" are substituted for "Federal agency

(including wholly owned Government corporations as defined in the

Government Corporation Control Act of 1945 [31 U.S.C. 841 et seq.]"

because of section 101 of the revised title and for consistency.

In subsection (a), the words "each service or thing of value

provided" are substituted for "any work, service, publication,

report, document, benefit, privilege, authority, use, franchise,

license, permit, certificate, registration or similar thing of

value or utility performed, furnished, provided, granted, prepared,

or issued" for consistency and to eliminate unnecessary words. The

words "(including groups, associations, organizations,

partnerships, corporations, or businesses)" are omitted as being

included in "person" under 1:1.

In subsection (b), before clause (1), the words "may prescribe

regulations establishing the charge for a service or thing of value

provided by the agency" are substituted for "is authorized by

regulation . . . to prescribe therefor such fee, charge, or price,

if any, as he shall determine, in case none exists, or redetermine,

in case of any existing one" for consistency, to eliminate

unnecessary words, and because of the restatement. In clause (1),

the words "and equitable" are omitted as being included in "fair".

In clause (2)(A), the words "direct and indirect" are omitted as

surplus. In clause (2)(B), the words "of the service or thing" are

added for clarity. In clause (2)(D), the words "and any amount so

determined or redetermined shall be collected and paid into the

Treasury as miscellaneous receipts" are omitted as unnecessary

because of section 3302(a) of this title.

Subsection (c) is substituted for 31:483a(provisos) for clarity

and to eliminate unnecessary words.

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-393, title VI, Sec. 638(a), Oct. 6, 1992, 106 Stat.

1779, provided that: "This section [enacting section 9703 of this

title and amending sections 981 and 982 of Title 18, Crimes and

Criminal Procedure, section 1509 of Title 21, Food and Drugs,

section 524 of Title 28, Judiciary and Judicial Procedure, and

section 2003 of Title 39, Postal Service] may be cited as the

'Treasury Forfeiture Fund Act of 1992'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2242a; title 8

section 1455; title 12 section 78n; title 14 section 664; title 16

sections 222, 746a, 1862; title 19 section 58c; title 28 section

1828; title 33 section 2607; title 42 sections 2201, 2214, 4370c,

7552; title 46 sections 2110, 12505; title 49 sections 13908,

44721, 44940.

-End-

-CITE-

31 USC Sec. 9702 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

Sec. 9702. Investment of trust funds

-STATUTE-

Except as required by a treaty of the United States, amounts held

in trust by the United States Government (including annual interest

earned on the amounts) -

(1) shall be invested in Government obligations; and

(2) shall earn interest at an annual rate of at least 5

percent.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1052.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

9702 31:547a. R.S. Sec. 3659.

--------------------------------------------------------------------

The section is substituted for 31:547a for clarity and

consistency in the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2350k; title 42

section 7384e; title 50 App. sections 1989b-3, 1989c-2.

-End-

-CITE-

31 USC Sec. 9703 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

Sec. 9703.(!1) Managerial accountability and flexibility

-STATUTE-

-STATUTE-

(a) Beginning with fiscal year 1999, the performance plans

required under section 1115 may include proposals to waive

administrative procedural requirements and controls, including

specification of personnel staffing levels, limitations on

compensation or remuneration, and prohibitions or restrictions on

funding transfers among budget object classification 20 and

subclassifications 11, 12, 31, and 32 of each annual budget

submitted under section 1105, in return for specific individual or

organization accountability to achieve a performance goal. In

preparing and submitting the performance plan under section

1105(a)(29),(!2) the Director of the Office of Management and

Budget shall review and may approve any proposed waivers. A waiver

shall take effect at the beginning of the fiscal year for which the

waiver is approved.

(b) Any such proposal under subsection (a) shall describe the

anticipated effects on performance resulting from greater

managerial or organizational flexibility, discretion, and

authority, and shall quantify the expected improvements in

performance resulting from any waiver. The expected improvements

shall be compared to current actual performance, and to the

projected level of performance that would be achieved independent

of any waiver.

(c) Any proposal waiving limitations on compensation or

remuneration shall precisely express the monetary change in

compensation or remuneration amounts, such as bonuses or awards,

that shall result from meeting, exceeding, or failing to meet

performance goals.

(d) Any proposed waiver of procedural requirements or controls

imposed by an agency (other than the proposing agency or the Office

of Management and Budget) may not be included in a performance plan

unless it is endorsed by the agency that established the

requirement, and the endorsement included in the proposing agency's

performance plan.

(e) A waiver shall be in effect for one or two years as specified

by the Director of the Office of Management and Budget in approving

the waiver. A waiver may be renewed for a subsequent year. After a

waiver has been in effect for three consecutive years, the

performance plan prepared under section 1115 may propose that a

waiver, other than a waiver of limitations on compensation or

remuneration, be made permanent.

(f) For purposes of this section, the definitions under section

1115(f) (!2) shall apply.

-SOURCE-

(Added Pub. L. 103-62, Sec. 5(a), Aug. 3, 1993, 107 Stat. 289.)

-REFTEXT-

REFERENCES IN TEXT

Section 1105(a)(29), referred to in subsec. (a), was redesignated

section 1105(a)(28) of this title by Pub. L. 104-287, Sec. 4(1),

Oct. 11, 1996, 110 Stat. 3388.

Section 1115(f), referred to in subsec. (f), was redesignated

section 1115(g) of this title by Pub. L. 107-296, title XIII, Sec.

1311(a)(2), Nov. 25, 2002, 116 Stat. 2290.

-MISC1-

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as creating any right, privilege, benefit, or entitlement for any

person who is not an officer or employee of the United States

acting in such capacity, and no person not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1115, 1116, 1118, 1119,

5340, 9704 of this title; title 40 section 11315.

-FOOTNOTE-

(!1) Another section 9703 is set out after section 9704 of this

title.

(!2) See References in Text note below.

-End-

-CITE-

31 USC Sec. 9704 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

Sec. 9704. Pilot projects for managerial accountability and

flexibility

-STATUTE-

(a) The Director of the Office of Management and Budget shall

designate not less than five agencies as pilot projects in

managerial accountability and flexibility for fiscal years 1995 and

1996. Such agencies shall be selected from those designated as

pilot projects under section 1118 and shall reflect a

representative range of Government functions and capabilities in

measuring and reporting program performance.

(b) Pilot projects in the designated agencies shall include

proposed waivers in accordance with section 9703 (!1) for one or

more of the major functions and operations of the agency.

(c) The Director of the Office of Management and Budget shall

include in the report to the President and to the Congress required

under section 1118(c) -

(1) an assessment of the benefits, costs, and usefulness of

increasing managerial and organizational flexibility, discretion,

and authority in exchange for improved performance through a

waiver; and

(2) an identification of any significant difficulties

experienced by the pilot agencies in preparing proposed waivers.

(d) For purposes of this section the definitions under section

1115(f) (!1) shall apply.

-SOURCE-

(Added Pub. L. 103-62, Sec. 6(b), Aug. 3, 1993, 107 Stat. 290.)

-REFTEXT-

REFERENCES IN TEXT

Section 9703, referred to in subsec. (b), probably means the

section 9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993,

107 Stat. 289, which is set out preceding this section.

Section 1115(f), referred to in subsec. (d), was redesignated

section 1115(g) of this title by Pub. L. 107-296, title XIII, Sec.

1311(a)(2), Nov. 25, 2002, 116 Stat. 2290.

-MISC1-

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as creating any right, privilege, benefit, or entitlement for any

person who is not an officer or employee of the United States

acting in such capacity, and no person not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1115 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 9703 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

Sec. 9703.(!1) Department of the Treasury Forfeiture Fund

-STATUTE-

-STATUTE-

(a) In General. - There is established in the Treasury of the

United States a fund to be known as the "Department of the Treasury

Forfeiture Fund" (referred to in this section as the "Fund"). The

Fund shall be available to the Secretary, without fiscal year

limitation, with respect to seizures and forfeitures made pursuant

to any law (other than section 7301 or 7302 of the Internal Revenue

Code of 1986) enforced or administered by the Department of the

Treasury or the United States Coast Guard for the following law

enforcement purposes:

(1)(A) Payment of all proper expenses of seizure (including

investigative costs incurred by a Department of the Treasury law

enforcement organization leading to seizure) or the proceedings

of forfeiture and sale, including the expenses of detention,

inventory, security, maintenance, advertisement, or disposal of

the property, and if condemned by a court and a bond for such

costs was not given, the costs as taxed by the court.

(B) Payment for -

(i) contract services;

(ii) the employment of outside contractors to operate and

manage properties or to provide other specialized services

necessary to dispose of such properties in an effort to

maximize the return from such properties; and

(iii) reimbursing any Federal, State, or local agency for any

expenditures made to perform the functions described in this

subparagraph.

(C) Awards of compensation to informers under section 619 of

the Tariff Act of 1930 (19 U.S.C. 1619).

(D) Satisfaction of -

(i) liens for freight, charges, and contributions in general

average, notice of which has been filed with the appropriate

Customs officer according to law; and

(ii) subject to the discretion of the Secretary, other valid

liens and mortgages against property that has been forfeited

pursuant to any law enforced or administered by a Department of

the Treasury law enforcement organization. To determine the

validity of any such lien or mortgage, the amount of payment to

be made, and to carry out the functions described in this

subparagraph, the Secretary may employ and compensate attorneys

and other personnel skilled in State real estate law.

(E) Payment of amounts authorized by law with respect to

remission and mitigation.

(F) Payment of claims of parties in interest to property

disposed of under section 612(b) of the Tariff Act of 1930 (19

U.S.C. 1612(b)), in the amounts applicable to such claims at the

time of seizure.

(G) Equitable sharing payments made to other Federal agencies,

State and local law enforcement agencies, and foreign countries

pursuant to section 616(c) of the Tariff Act of 1930 (19 U.S.C.

1616a(c)), section 981 of title 18, or subsection (h) of this

section, and all costs related thereto.

(H) Payment for services of experts and consultants needed by a

Department of the Treasury law enforcement organization to carry

out the organization's duties relating to seizure and forfeiture.

(I) payment (!2) of overtime salaries, travel, fuel, training,

equipment, and other similar costs of State or local law

enforcement officers that are incurred in joint law enforcement

operations with a Department of the Treasury law enforcement

organization; (!3)

(J) payment (!2) made pursuant to guidelines promulgated by the

Secretary, if such payment is 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; and

(iv) contracting for services directly related to -

(I) the identification of forfeitable assets;

(II) the processing of and accounting for forfeitures; and

(III) the storage, maintenance, protection, and destruction

of controlled substances.

(2) At the discretion of the Secretary -

(A) payment of awards for information or assistance leading

to a civil or criminal forfeiture involving any Department of

the Treasury law enforcement organization participating in the

Fund;

(B) purchases of evidence or information by -

(i) a Department of the Treasury law enforcement

organization with respect to -

(I) a violation of section 1956 or 1957 of title 18

(relating to money laundering); or

(II) a law, the violation of which may subject property

to forfeiture under section 981 or 982 of title 18;

(ii) the United States Customs Service with respect to drug

smuggling or a violation of section 542 or 545 of title 18

(relating to fraudulent customs invoices or smuggling);

(iii) the United States Secret Service with respect to a

violation of -

(I) section 1028, 1029, or 1030 or (!4) title 18;

(II) any law of the United States relating to coins,

obligations, or securities of the United States or of a

foreign government; or

(III) any law of the United States which the United

States Secret Service is authorized to enforce relating to

fraud or other criminal or unlawful activity in or against

any federally insured financial institution, the Resolution

Trust Corporation, or the Federal Deposit Insurance

Corporation; and

(iv) the United States Customs Service or the Internal

Revenue Service with respect to a violation of chapter 53 of

this title (relating to the Bank Secrecy Act).

(C) payment of costs for publicizing awards available under

section 619 of the Tariff Act of 1930 (19 U.S.C. 1619);

(D) payment for equipment for any vessel, vehicle, or

aircraft available for official use by a Department of the

Treasury law enforcement organization to enable the vessel,

vehicle, or aircraft to assist in law enforcement functions,

and 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;

(E) the payment of claims against employees of the Customs

Service settled by the Secretary under section 630 of the

Tariff Act of 1930;

(F) payment for equipment for 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 in law enforcement functions if the vessel, vehicle,

or aircraft will be used in joint law enforcement operations

with a Department of the Treasury law enforcement organization;

(G) reimbursement of private persons for expenses incurred by

such persons in cooperating with a Department of the Treasury

law enforcement organization in investigations and undercover

law enforcement operations; (!5)

(H) payment for training foreign law enforcement personnel

with respect to seizure or forfeiture activities of the

Department of the Treasury; and (!6)

(b) Limitations. -

(1) Any payment made under subparagraph (D) or (E) of

subsection (a)(1) with respect to a seizure or a forfeiture of

property shall not exceed the value of the property at the time

of the seizure.

(2) Any payment made under subsection (a)(1)(G) with respect to

a seizure or forfeiture of property shall not exceed the value of

the property at the time of disposition.

(3) The Secretary may exempt the procurement of contract

services 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

et seq.), and other provisions of law as may be necessary to

maintain the security and confidentiality of related criminal

investigations.

(4) The Secretary shall assure that any equitable sharing

payment made to a State or local law enforcement agency pursuant

to subsection (a)(1)(G) and any property transferred to a State

or local law enforcement agency pursuant to subsection (h) -

(A) has a value that bears a reasonable relationship to the

degree of participation of the State or local agency in the law

enforcement effort resulting in the forfeiture, taking into

account the total value of all property forfeited and the total

law enforcement effort with respect to the violation of law on

which the forfeiture is based; and

(B) will serve to encourage further cooperation between the

recipient State or local agency and Federal law enforcement

agencies.

(5) Amounts transferred by the Attorney General pursuant to

section 524(c)(1) of title 28, or by the Postmaster General

pursuant to section 2003 of title 39, and deposited into the Fund

pursuant to subsection (d), shall be available for Federal law

enforcement related purposes of the Department of the Treasury

law enforcement organizations.

(c) Funds Available to United States Coast Guard. -

(1) The Secretary shall make available to the United States

Coast Guard, from funds appropriated under subsection (g)(2) in

excess of $10,000,000 for a fiscal year, an amount equal to the

net proceeds in the Fund derived from seizures by the Coast

Guard.

(2) Funds made available under this subsection may be used to -

(A) pay for equipment for any vessel, vehicle, or aircraft

available for official use by the United States Coast Guard to

enable the vessel, vehicle, or aircraft to assist in law

enforcement functions;

(B) pay for equipment for any vessel, vehicle, equipment, or

aircraft available for official use by a State or local law

enforcement agency to enable the vessel, vehicle, or aircraft

to assist in law enforcement functions if the vessel, vehicle,

or aircraft will be used in joint law enforcement operations

with the United States Coast Guard;

(C) pay for overtime salaries, travel, fuel, training,

equipment, and other similar costs of State and local law

enforcement officers that are incurred in joint law enforcement

operations with the United States Coast Guard;

(D) pay for expenses incurred in bringing vessels into

compliance with applicable environmental laws prior to disposal

by sinking.

(d) Deposits and Credits. -

(1) With respect to fiscal year 1993, there shall be deposited

into or credited to the Fund -

(A) all currency forfeited during fiscal year 1993, and all

proceeds from forfeitures during fiscal year 1993, under any

law enforced or administered by the United States Customs

Service or the United States Coast Guard;

(B) all income from investments made under subsection (e);

and

(C) all amounts representing the equitable share of the

United States Customs Service or the United States Coast Guard

from the forfeiture of property under any Federal, State,

local, or foreign law.

(2) With respect to fiscal years beginning after fiscal year

1993, there shall be deposited into or credited to the Fund -

(A) all currency forfeited after fiscal year 1993, and all

proceeds from forfeitures after fiscal year 1993, under any law

(other than sections 7301 and 7302 of the Internal Revenue Code

of 1986) enforced or administered by a Department of the

Treasury law enforcement organization or the United States

Coast Guard;

(B) all income from investments made under subsection (e);

and

(C) all amounts representing the equitable share of a

Department of the Treasury law enforcement organization or the

United States Coast Guard from the forfeiture of property under

any Federal, State, local, or foreign law.

(e) Investments. - Amounts in the Fund, and in any holding

accounts associated with the Fund, which are not currently needed

for the purposes of this section may 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.

(f) Reports to Congress. - The Secretary shall transmit to the

Congress, not later than February 1 of each year -

(1) a report on -

(A) the estimated total value of property forfeited with

respect to which funds were not deposited in the Fund during

the preceding fiscal year -

(i) under any law enforced or administered by the United

States Customs Service or the United States Coast Guard, in

the case of fiscal year 1993; and

(ii) under any law enforced or administered by the

Department of the Treasury law enforcement organizations or

the United States Coast Guard, in the case of fiscal years

beginning after 1993; and

(B) the estimated total value of all such property

transferred to any State or local law enforcement agency; and

(2) a report on -

(A) the balance of the Fund at the beginning of the preceding

fiscal year;

(B) liens and mortgages paid and the amount of money shared

with Federal, State, local, and foreign law enforcement

agencies during the preceding fiscal year;

(C) the net amount realized from the operations of the Fund

during the preceding fiscal year, the amount of seized cash

being held as evidence, and the amount of money that has been

carried over into the current fiscal year;

(D) 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;

(E) the total dollar value of uncontested seizures of

monetary instruments having a value of over $100,000 which, or

the proceeds of which, have not been deposited into the Fund

pursuant to subsection (d) within 120 days after seizure, as of

the end of the preceding fiscal year;

(F) the balance of the Fund at the end of the preceding

fiscal year;

(G) the net amount, if any, of the excess unobligated amounts

remaining in the Fund at the end of the preceding fiscal year

and available to the Secretary for Federal law enforcement

related purposes;

(H) a complete set of audited financial statements (including

a balance sheet, income statement, and cash flow analysis)

prepared in a manner consistent with the requirements of the

Chief Financial Officers Act of 1990 (Public Law 101-576); and

(I) an analysis of income and expenses showing the revenue

received or lost -

(i) by property category (such as general property,

vehicles, vessels, aircraft, cash, and real property); and

(ii) by type of disposition (such as sale, remission,

cancellation, placement into official use, sharing with State

and local agencies, and destruction).

The Fund shall be subject to annual financial audits as authorized

in the Chief Financial Officers Act of 1990 (Public Law 101-576).

(g) Appropriations. -

(1) There are hereby appropriated from the Fund such sums as

may be necessary to carry out the purposes described in

subsection (a)(1).

(2) There are authorized to be appropriated from the Fund to

carry out the purposes set forth in subsections (a)(2) and (c)

not to exceed -

(A) $25,000,000 for fiscal year 1993; and

(B) $50,000,000 for each fiscal year after fiscal year 1993.

(3)(A) Subject to subparagraphs (B) and (C), at the end of each

of fiscal years 1994, 1995, 1996, and 1997, the Secretary 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.

(B) Transfers pursuant to subparagraph (A) shall be made only

from excess unobligated amounts and only to the extent that, as

determined by the Secretary, such transfers will not impair the

future availability of amounts for the purposes described in

subsection (a). Further, transfers under subparagraph (A) may not

exceed one-half of the excess unobligated balance for a year. In

addition, transfers under subparagraph (A) 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.

(C) The Secretary of the Treasury shall reserve an amount not

to exceed $30,000,000 from the unobligated balances remaining in

the Customs Forfeiture Fund on September 30, 1992, and such

amount shall be transferred to the Fund on October 1, 1992, or,

if later, the date that is 15 days after the date of the

enactment of this section. Such amount shall be available for any

expenses or activities authorized under this section. At the end

of fiscal year (!7) 1993, 1994, 1995, and 1996, the Secretary

shall reserve in the Fund an amount not to exceed $50,000,000 of

the unobligated balances in the Fund, or, if the Secretary

determines that a greater amount is necessary for asset specific

expenses, an amount equal to not more than 10 percent of the

total obligations from the Fund in the preceding fiscal year. At

the end of fiscal year 1997, and at the end of each fiscal year

thereafter, the Secretary shall reserve 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 subsection (a). Unobligated balances remaining pursuant to

section 4(B) of 9703(g) (!8) shall also be carried forward.

(4)(A) After reserving any amount authorized by paragraph

(3)(C), any unobligated balances remaining in the Fund on

September 30, 1993, shall be deposited into the general fund of

the Treasury of the United States.

(B) After reserving any amount authorized by paragraph (3)(C)

and after transferring any amount authorized by paragraph (3)(A),

any unobligated balances remaining in the Fund on September 30,

1994, and on September 30 of each fiscal year thereafter, shall

be available to the Secretary, without fiscal year limitation,

for transfers pursuant to subparagraph (A)(ii) (!9) and for

obligation or expenditure in connection with the law enforcement

activities of any Federal agency or of a Department of the

Treasury law enforcement organization.

(C) Any obligation or expenditure in excess of $500,000 with

respect to an unobligated balance described in subparagraph (B)

may not be made by the Secretary unless the Appropriations

Committees of both Houses of Congress are notified at least 15

days in advance of such obligation or expenditure.

(h) Retention or Transfer of Property. -

(1) The Secretary may, with respect to any property forfeited

under any law (other than section 7301 or 7302 of the Internal

Revenue Code of 1986) enforced or administered by the Department

of the Treasury -

(A) retain any of the property for official use; or

(B) transfer any of the property to -

(i) any other Federal agency; or

(ii) any State or local law enforcement agency that

participated directly or indirectly in the seizure or

forfeiture of the property.

(2) The Secretary may transfer any forfeited personal property

or the proceeds of the sale of any forfeited personal or real

property to any foreign country which participated directly or

indirectly in the seizure of (!10) forfeiture of the property, if

such a transfer -

(A) is one with which the Secretary of State has agreed;

(B) is authorized in an international agreement between the

United States and the foreign country; and

(C) is made to a country which, if applicable, has been

certified under section 481(h) of the Foreign Assistance Act of

1961 (22 U.S.C. 2291(h)).(!9)

(3) Nothing in this section shall affect the authority of the

Secretary under section 981 of title 18 or section 616 of the

Tariff Act of 1930 (19 U.S.C. 1616a).

(i) Regulations. - The Secretary may prescribe such rules and

regulations as may be necessary to carry out this section.

(j) Customs Forfeiture Fund. - Notwithstanding any other

provision of law -

(1) during any period when forfeited currency and proceeds from

forfeitures under any law (other than section 7301 or 7302 of the

Internal Revenue Code of 1986) enforced or administered by the

Department of the Treasury or the United States Coast Guard, are

required to be deposited in the Fund pursuant to this section -

(A) all moneys required to be deposited in the Customs

Forfeiture Fund pursuant to section 613A of the Tariff Act of

1930 (19 U.S.C. 1613b) shall instead be deposited in the Fund;

and

(B) no deposits or withdrawals may be made to or from the

Customs Forfeiture Fund pursuant to section 613A of the Tariff

Act of 1930 (19 U.S.C. 1613b); and

(2) any funds in the Customs Forfeiture Fund and any

obligations of the Customs Forfeiture Fund on the effective date

of the Treasury Forfeiture Act of 1992, shall be transferred to

the Fund and all administrative costs of such transfer shall be

paid for out of the Fund.

(k) Limitation of Liability. - The United States shall not be

liable in any action relating to property transferred under this

section or under section 616 of the Tariff Act of 1930 (19 U.S.C.

1616a) if such action is based on an act or omission occurring

after the transfer.

(l) Authority To Warrant Title. - Following the completion of

procedures for the forfeiture of property pursuant to any law

enforced or administered by the Department of the Treasury, the

Secretary is authorized, at the Secretary's discretion, to warrant

clear title to any subsequent purchaser or transferee of such

forfeited property.

(m) Forfeited Property. - For purposes of this section and

notwithstanding section 524(c)(11) (!11) of title 28 or any other

law -

(1) during fiscal year 1993, property and currency shall be

deemed to be forfeited pursuant to a law enforced or administered

by the United States Customs Service if it is forfeited pursuant

to -

(A) a judicial forfeiture proceeding when the underlying

seizure was made by an officer of the United States Customs

Service or the property was maintained by the United States

Customs Service; or

(B) a civil administrative forfeiture proceeding conducted by

the United States Customs Service; and

(2) after fiscal year 1993, property and currency shall be

deemed to be forfeited pursuant to a law enforced or administered

by a Department of the Treasury law enforcement organization if

it is forfeited pursuant to -

(A) a judicial forfeiture proceeding when the underlying

seizure was made by an officer of a Department of the Treasury

law enforcement organization or the property was maintained by

a Department of the Treasury law enforcement organization; or

(B) a civil administrative forfeiture proceeding conducted by

a Department of the Treasury law enforcement organization.

(n) Transfers to Attorney General and Postmaster General. -

(1) The Secretary shall transfer from the Fund to the Attorney

General for deposit in the Department of Justice Assets

Forfeiture Fund amounts appropriate to reflect the degree of

participation of participating Federal agencies in the law

enforcement effort resulting in the forfeiture pursuant to laws

enforced or administered by a Department of the Treasury law

enforcement organization. For purposes of the preceding sentence,

a "participating Federal agency" is an agency that participates

in the Department of Justice Assets Forfeiture Fund.

(2) The Secretary shall transfer from the Fund to the

Postmaster General for deposit in the Postal Service Fund amounts

appropriate to reflect the degree of participation of the United

States Postal Service in the law enforcement effort resulting in

the forfeiture pursuant to laws enforced or administered by a

Department of the Treasury law enforcement organization.

(o) Definitions. - For purposes of this section -

(1) Department of the treasury law enforcement organization. -

The term "Department of the Treasury law enforcement

organization" means the United States Customs Service, the United

States Secret Service, the Tax and Trade Bureau, the Internal

Revenue Service, the Federal Law Enforcement Training Center, the

Financial Crimes Enforcement Network, and any other law

enforcement component of the Department of the Treasury so

designated by the Secretary.

(2) Secretary. - The term "Secretary" means the Secretary of

the Treasury.

-SOURCE-

(Added Pub. L. 102-393, title VI, Sec. 638(b)(1), Oct. 6, 1992, 106

Stat. 1779; amended Pub. L. 103-182, title VI, Sec. 685, Dec. 8,

1993, 107 Stat. 2220; Pub. L. 103-322, title IX, Sec. 90205(c),

Sept. 13, 1994, 108 Stat. 1994; Pub. L. 103-329, title I, Sec. 112,

Sept. 30, 1994, 108 Stat. 2391; Pub. L. 104-208, div. A, title I,

Sec. 101(f) [title I, Sec. 116], Sept. 30, 1996, 110 Stat.

3009-314, 3009-325; Pub. L. 105-61, title I, Sec. 122(b), (c), Oct.

10, 1997, 111 Stat. 1289; Pub. L. 107-296, title XI, Sec. 1112(n),

Nov. 25, 2002, 116 Stat. 2278.)

-REFTEXT-

REFERENCES IN TEXT

Sections 7301 and 7302 of the Internal Revenue Code of 1986,

referred to in subsecs. (a), (d)(2)(A), (h)(1), and (j)(1), are

classified to sections 7301 and 7302, respectively, of Title 26,

Internal Revenue Code. Section 5872(b)(2) of the Internal Revenue

Code of 1986, referred to in subsec. (o)(1), is classified to

section 5872(b)(2) of Title 26.

The Bank Secrecy Act, referred to in subsec. (a)(2)(B)(iv), is

title I of Pub. L. 91-508, Oct. 26, 1970, 84 Stat. 1114, as

amended, which is classified principally to chapter 21 (Sec. 1951

et seq.) of Title 12, Banks and Banking, and has also been the

popular name of provisions reenacted as subchapter II of chapter 53

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1951 of Title 12 and

Tables.

Section 630 of the Tariff Act of 1930, referred to in subsec.

(a)(2)(E), is classified to section 1630 of Title 19, Customs

Duties.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(3), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified generally

to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Tables.

The Chief Financial Officers Act of 1990, referred to in subsec.

(f), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For

complete classification of this Act to the Code, see Short Title of

1990 Amendment note set out under section 501 of this title and

Tables.

Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in

subsec. (g)(3)(A), is classified to section 1509 of Title 21, Food

and Drugs.

The date of the enactment of this section, referred to in subsec.

(g)(3)(C), is the date of the enactment of Pub. L. 102-393, which

was approved Oct. 6, 1992.

Subparagraph (A)(ii), referred to in subsec. (g)(4)(B), means cl.

(ii) of subsec. (g)(4)(A) which was repealed by Pub. L. 103-322,

title IX, Sec. 90205(c)(2)(B), Sept. 13, 1994, 108 Stat. 1995.

Section 481(h) of the Foreign Assistance Act of 1961, referred to

in subsec. (h)(2)(C), was classified to section 2291(h) of Title

22, Foreign Relations and Intercourse, prior to repeal of subsec.

(h) by Pub. L. 102-583, Sec. 6(b)(2), Nov. 2, 1992, 106 Stat. 4932.

Reference to section 481(h) of the Foreign Assistance Act of 1961

probably should be to section 490(a)(1) of the Act, which is

classified to section 2291j(a)(1) of Title 22.

The effective date of the Treasury Forfeiture Act of 1992,

referred to in subsec. (j)(2), probably means the date of enactment

of the Treasury Forfeiture Fund Act of 1992, section 638 of Pub. L.

102-393, which was approved Oct. 6, 1992.

Section 524(c)(11) of title 28, referred to in subsec. (m), was

redesignated section 524(c)(10) by Pub. L. 104-66, title I, Sec.

1091(h)(2), Dec. 21, 1995, 109 Stat. 722.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(B). Pub. L. 107-296, Sec. 1112(n)(1), in

cl. (iii)(III), inserted "and" at end, in cl. (iv), substituted a

period for "; and" at end, and struck out cl. (v) which read as

follows: "the Bureau of Alcohol, Tobacco and Firearms with respect

to a violation of -

"(I) section 842(h) of title 18;

"(II) section 844(d), (e), (f), (g), (h), or (i) of title 18;

or

"(III) section 924(c) of title 18;".

Subsec. (o). Pub. L. 107-296, Sec. 1112(n)(2), (3), redesignated

subsec. (p) as (o) and struck out former subsec. (o) which provided

that provisions of law relating to the seizure, summary and

judicial forfeiture, and condemnation of property for violation of

Customs laws, the remission or mitigation of such forfeiture, and

the compromise of claims, would apply to seizures and forfeitures

incurred, or alleged to have been incurred, under any applicable

law enforced or administered by the Bureau of Alcohol, Tobacco and

Firearms, and that duties that were imposed upon a Customs officer

or any other person with respect to the seizure and forfeiture of

property under the Customs laws would be performed with respect to

seizures and forfeitures of property under this section by such

officers, agents, or any other person as had been authorized or

designated for that purpose by the Secretary.

Subsec. (o)(1). Pub. L. 107-296, Sec. 1112(n)(4), substituted

"Tax and Trade Bureau" for "Bureau of Alcohol, Tobacco and

Firearms".

Subsec. (p). Pub. L. 107-296, Sec. 1112(n)(3), redesignated

subsec. (p) as (o).

1997 - Subsec. (g)(3)(C). Pub. L. 105-61, Sec. 122(b), inserted

at end "Unobligated balances remaining pursuant to section 4(B) of

9703(g) shall also be carried forward."

Subsec. (g)(4)(B). Pub. L. 105-61, Sec. 122(c), struck out ",

subject to subparagraph (C)," after "shall".

1996 - Subsec. (g)(3)(C). Pub. L. 104-208 substituted "1994,

1995, and 1996" for "and at the end of each fiscal year thereafter"

and inserted at end "At the end of fiscal year 1997, and at the end

of each fiscal year thereafter, the Secretary shall reserve 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 subsection (a)."

1994 - Subsec. (a). Pub. L. 103-329 redesignated subpars. (G) and

(J) of par. (2) as (I) and (J) of par. (1), respectively, and

subpars. (H) and (I) of par. (2) as (G) and (H) of par. (2),

respectively.

Subsec. (g)(3)(A). Pub. L. 103-322, Sec. 90205(c)(1)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "Subject to subparagraphs (B) and (C), in each of fiscal

years 1994 and 1995, the Secretary shall transfer from the Fund not

more than $10,000,000 to the Special Forfeiture Fund, established

by section 6073 of the Anti-Drug Abuse Act of 1988 (21 U.S.C.

1509), for activities authorized under the Drug-Free Schools and

Communities Act of 1986 (20 U.S.C. 3171 et seq.)."

Subsec. (g)(3)(B). Pub. L. 103-322, Sec. 90205(c)(1)(B), inserted

at end "Further, transfers under subparagraph (A) may not exceed

one-half of the excess unobligated balance for a year. In addition,

transfers under subparagraph (A) 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."

Subsec. (g)(4)(A). Pub. L. 103-322, Sec. 90205(c)(2), struck out

"(i)" after "(A)" and struck out cl. (ii) which read as follows:

"Beginning in fiscal year 1994, and each fiscal year thereafter,

the Secretary shall transfer to the Attorney General an amount

agreed upon by the Secretary and the Attorney General (taking into

account any amount transferred by the Secretary pursuant to

paragraph (3)(A)). The amount transferred under this clause shall

reflect the Department of the Treasury's pro rata share of the

amount required to be transferred by the Attorney General pursuant

to section 524(c)(9)(B) of title 28."

1993 - Subsec. (a)(2)(E) to (J). Pub. L. 103-182, Sec. 685(1),

(2), added subpar. (E) and redesignated former subpars. (E) to (I)

as (F) to (J), respectively.

Subsec. (e). Pub. L. 103-182, Sec. 685(3), substituted "may" for

"shall" before "be kept on deposit".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the Federal Law Enforcement Training Center of the Department of

the Treasury to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(4), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC2-

UNAVAILABLE COLLECTIONS

Section 122(a) of Pub. L. 105-61 provided that: "The Secretary of

the Treasury is authorized to receive all unavailable collections

transferred from the Special Forfeiture Fund established by section

26073 [6073] of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1509) by

the Director of the Office of Drug Control Policy as a deposit into

the Treasury Forfeiture Fund (31 U.S.C. 9703(a)), to become

available for obligation on October 1, 1998, as revenue available

for purposes identified under 31 U.S.C. 9703(g)(4)(B)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 1509; title 28

section 524; title 39 section 2003.

-FOOTNOTE-

(!1) Another section 9703 is set out preceding section 9704 of this

title.

(!2) So in original. Probably should be capitalized.

(!3) So in original. The semicolon probably should be a period.

(!4) So in original. Probably should be "of".

(!5) So in original. Probably should be followed by "and".

(!6) So in original. The "; and" probably should be a period.

(!7) So in original. Probably should be "years".

(!8) So in original. Probably should be "paragraph (4)(B)".

(!9) See References in Text note below.

(!10) So in original. Probably should be "or".

(!11) See References in Text note below.

-End-

-CITE-

31 USC Sec. 9704 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 97 - MISCELLANEOUS

-HEAD-

[Sec. 9704.]

-COD-

CODIFICATION

Section 9704 is set out after the first section 9703.

-End-