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rnment has assisted in a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable sharing payments made to such State or local government in such case; (F)(i) for equipping for law enforcement functions of any Government-owned or leased vessel, vehicle, or aircraft available for official use by any Federal agency participating in the Fund; (ii) for equipping any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist law enforcement functions if the vessel, vehicle, or aircraft will be used in a joint law enforcement operation with a Federal agency participating in the Fund; and (iii) payments for other equipment directly related to seizure or forfeiture, including laboratory equipment, protective equipment, communications equipment, and the operation and maintenance costs of such equipment; (G) for purchase of evidence of any violation of the Controlled Substances Act, the Controlled Substances Import and Export Act, chapter 96 of title 18, or sections 1956 and 1957 of title 18; (H) the payment of State and local property taxes on forfeited real property that accrued between the date of the violation giving rise to the forfeiture and the date of the forfeiture order; and (I) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State or local law enforcement officers that are incurred in a joint law enforcement operation with a Federal law enforcement agency participating in the Fund. Amounts for paying the expenses authorized by subparagraphs (B), (F), and (G) shall be specified in appropriations Acts and may be used under authorities available to the organization receiving the funds. Amounts for other authorized expenditures and payments from the Fund, including equitable sharing payments, are not required to be specified in appropriations acts. The Attorney General may exempt the procurement of contract services under subparagraph (A) under the Fund from 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 (!1) (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, as provided in paragraph (1)(B) or (C), shall be paid at the discretion of the Attorney General or his delegate, under existing departmental delegation policies for the payment of awards, except that the authority to pay an award of $250,000 or more shall not be delegated to any person other than the Deputy Attorney General, the Associate Attorney General, the Director of the Federal Bureau of Investigation, or the Administrator of the Drug Enforcement Administration. Any award pursuant to paragraph (1)(B) shall not exceed $500,000. Any award pursuant to paragraph (1)(C) shall not exceed the lesser of $500,000 or one-fourth of the amount realized by the United States from the property forfeited, without both the personal approval of the Attorney General and written notice within 30 days thereof to the Chairmen and ranking minority members of the Committees on Appropriations and the Judiciary of the Senate and of the House of Representatives. (3) Any amount under subparagraph (G) of paragraph (1) shall be paid at the discretion of the Attorney General or his delegate, except that the authority to pay $100,000 or more may be delegated only to the respective head of the agency involved. (4) There shall be deposited in the Fund - (A) all amounts from the forfeiture of property under any law enforced or administered by the Department of Justice, except all proceeds of forfeitures available for use by the Secretary of the Treasury or the Secretary of the Interior pursuant to section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)), or the Postmaster General of the United States pursuant to 39 U.S.C. 2003(b)(7); (B) all amounts representing the Federal equitable share from the forfeiture of property under any Federal, State, local or foreign law, for any Federal agency participating in the Fund; (C) all amounts transferred by the Secretary of the Treasury pursuant to section 9703(g)(4)(A)(ii) (!1) 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. (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 September 30, 1997 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 9703(p) (!1) 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 9703 (!1) 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. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 97-258, Sec. 2(g)(1)(B)-(D), Sept. 13, 1982, 96 Stat. 1060; Pub. L. 98-473, title II, Secs. 310, 2303, Oct. 12, 1984, 98 Stat. 2052, 2193; Pub. L. 99-570, title I, Sec. 1152(a), Oct. 27, 1986, 100 Stat. 3207-12; Pub. L. 99-646, Sec. 27, Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-202, Sec. 101(a) [title II, Sec. 210(a)], Dec. 22, 1987, 101 Stat. 1329, 1329-18; Pub. L. 100-690, title VI, Sec. 6072, Nov. 18, 1988, 102 Stat. 4320; Pub. L. 101-509, title III, Sec. 1, Nov. 5, 1990, 104 Stat. 1403; Pub. L. 101-647, title XVI, Sec. 1601, title XX, Secs. 2001(a), 2002, 2005, 2006, Nov. 29, 1990, 104 Stat. 4842, 4854, 4855; Pub. L. 102-27, title II, Sec. 101, Apr. 10, 1991, 105 Stat. 135; Pub. L. 102-140, title I, Sec. 112, Oct. 28, 1991, 105 Stat. 795; Pub. L. 102-393, title VI, Sec. 638(f), Oct. 6, 1992, 106 Stat. 1788; Pub. L. 102-395, title I, Sec. 114(b), (c), Oct. 6, 1992, 106 Stat. 1845; Pub. L. 102-550, title XV, Sec. 1529, Oct. 28, 1992, 106 Stat. 4065; Pub. L. 103-121, title I, Sec. 109, Oct. 27, 1993, 107 Stat. 1164; Pub. L. 103-317, title I, Sec. 110, Aug. 26, 1994, 108 Stat. 1735; Pub. L. 103-322, title IX, Sec. 90205(b), title XXXII, Secs. 320301, 320302, 320913(a), Sept. 13, 1994, 108 Stat. 1994, 2114, 2128; Pub. L. 104-66, title I, Sec. 1091(h), Dec. 21, 1995, 109 Stat. 722; Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37; Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 122], Apr. 26, 1996, 110 Stat. 1321, 1321-22; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Secs. 108, 114, 116, 117], Sept. 30, 1996, 110 Stat. 3009, 3009-18, 3009-22, 3009-23; Pub. L. 105-119, title I, Secs. 108, 124, title II, Sec. 211(b), Nov. 26, 1997, 111 Stat. 2457, 2471, 2487; Pub. L. 105-272, title VI, Sec. 605, Oct. 20, 1998, 112 Stat. 2413; Pub. L. 106-185, Sec. 19, Apr. 25, 2000, 114 Stat. 223; Pub. L. 106-310, div. B, title XXXVI, Secs. 3613(b), 3621(a), Oct. 17, 2000, 114 Stat. 1230; Pub. L. 107-273, div. A, title II, Sec. 204(a), Nov. 2, 2002, 116 Stat. 1775.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 341. July 28, 1950, ch. 503, Sec. 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 Sec. 307 of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432. 1982 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 28:524(b) 31:693a. Oct. 10, 1949, ch. 662, Sec. 101 (par. under heading "General Provision - Department of Justice"), 63 Stat. 746. -------------------------------------------------------------------- The words "After October 10, 1949" 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. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63 Stat. 393, 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. 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, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 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, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (Sec. 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. Section 9703 of title 31, referred to in subsec. (c)(4)(C), (10), (11), probably means the section 9703 of Title 31, Money and Finance, added by Pub. L. 102-393, title VI, Sec. 638(b)(1), Oct. 6, 1992, 106 Stat. 1779. Clause (ii) of subsec. (g)(4)(A) of that section was repealed by Pub. L. 103-322, title IX, Sec. 90205(c)(2)(B), Sept. 13, 1994, 108 Stat. 1995. 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 (Secs. 301 to 323) of title II of Pub. L. 98-473, which was approved Oct. 12, 1984. Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in subsec. (c)(8)(B), is classified to section 1509 of Title 21, Food and Drugs. Section 605 of Public Law 103-121, referred to in subsec. (c)(8)(E), is section 605 of Pub. L. 103-121, title VI, Oct. 27, 1993, 107 Stat. 1194, which is not classified to the Code. -COD- 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 Dec. 6, 1995, which was enacted into law by Pub. L. 104-91. -MISC2- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-273, Sec. 204(a)(1), inserted "to the Attorney General" after "available" in introductory provisions. Subsec. (c)(1). Pub. L. 107-273, Sec. 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, Sec. 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, Sec. 204(a)(2)(A), substituted period for semicolon at end. Subsec. (c)(2). Pub. L. 107-273, Sec. 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, Sec. 204(a)(4), substituted "(G)" for "(F)". Subsec. (c)(5). Pub. L. 107-273, Sec. 204(a)(5), substituted "Fund, that" for "Fund which". Subsec. (c)(8)(A). Pub. L. 107-273, Sec. 204(a)(6), substituted "(B), (F), and (G)" for "(A)(iv), (B), (F), (G), and (H)". Subsec. (c)(9)(B). Pub. L. 107-273, Sec. 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, Sec. 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, Sec. 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, Sec. 124, substituted "and 1996," for "1996, and 1997,". Subsec. (c)(8)(E). Pub. L. 105-119, Sec. 108, substituted "1997 and thereafter" for "1996". Subsec. (c)(11)(B). Pub. L. 105-119, Sec. 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, Sec. 101(a) [title I, Sec. 114(a)], struck out "(C)," after "(B)," in concluding provisions. Subsec. (c)(8)(A). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 114(b)], struck out "(C)," after "(B),". Subsec. (c)(8)(E). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 108], substituted "September 30, 1996" for "September 30, 1995". 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." Pub. L. 104-91, as amended

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