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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. Subsec. (c)(9). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 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, Sec. 101(a) [title I, Sec. 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, Sec. 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, Sec. 320302(1), struck out "and" at end. Subsec. (c)(6)(C). Pub. L. 103-322, Sec. 320302(2), substituted "; and" for period at end. Pub. L. 103-322, Sec. 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, Sec. 320302(3), added subpar. (D). Subsec. (c)(7). Pub. L. 103-322, Sec. 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, Sec. 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 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." 1992 - Subsec. (c)(1). Pub. L. 102-393, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 638(f)(1)(C)-(E), added subpar. (H) and redesignated former subpar. (H) as (I). Subsec. (c)(4). Pub. L. 102-393, Sec. 638(f)(2), inserted "Federal," before "State" in subpar. (B) and added subpar. (C). Subsec. (c)(6)(B)(v). Pub. L. 102-393, Sec. 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, Sec. 638(f)(4), substituted "(A)(iv)" for "(A)(ii)" and "(G), and (H)" for "and (G)". Subsec. (c)(9)(E). Pub. L. 102-395, Sec. 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, Sec. 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, Sec. 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, Sec. 112(1), substituted "law enforcement purposes" for "purposes of the Department of Justice" in introductory provisions. Subsec. (c)(1)(C). Pub. L. 102-140, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2006, struck out "two" after "fiscal year," in introductory provisions and added subpar. (C). Subsec. (c)(9). Pub. L. 101-647, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1152(a)(1)(3), redesignated former subpar. (F) as (G). Subsec. (c)(4). Pub. L. 99-570, Sec. 1152(a)(1)(5), and Pub. L. 99-646, Sec. 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, Sec. 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, Sec. 310, added subsec. (c). Subsec. (c)(1)(E), (F). Pub. L. 98-473, Sec. 2303(a), added subpars. (E) and (F). Subsec. (c)(3) to (9). Pub. L. 98-473, Sec. 2303(b), added par. (3) and redesignated existing pars. (3) to (8) as (4) to (9), respectively. 1982 - Pub. L. 97-258, Sec. 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, Sec. 2(g)(1)(C), (D), designated existing provisions as subsec. (a) and added subsec. (b). 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 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. EFFECTIVE DATE OF 1994 AMENDMENT Section 320913(b) of Pub. L. 103-322 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 [Sept. 13, 1994]." GRANT PROGRAMS; AVAILABILITY OF FUNDS TO JAILS WITH PAY-TO-STAY PROGRAMS Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 117, formerly Sec. 118], Dec. 21, 2000, 114 Stat. 2762, 2762A-69; renumbered Sec. 1(a)(2) [title I, Sec. 117], Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(2)], Dec. 21, 2000, 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, Sec. 3621(c)(1), Oct. 17, 2000, 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, Sec. 1000(a)(1) [title I, Sec. 109], Nov. 29, 1999, 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, Sec. 101(b) [title I, Sec. 115], Oct. 21, 1998, 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 [41 U.S.C. 401 et seq.], 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, Sec. 101(b) [title I, Sec. 113], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67, as amended by Pub. L. 106-31, title III, Sec. 3028, May 21, 1999, 113 Stat. 102; Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 116], Nov. 29, 1999, 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))." COUNTERTERRORISM FUND Pub. L. 107-56, title I, Sec. 101, Oct. 26, 2001, 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 fore

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