§ 524. — Availability of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC524]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 524. Availability of appropriations
(a) Appropriations for the Department of Justice are available to
the Attorney General for payment of--
(1) notarial fees, including such additional stenographic
services as are required in connection therewith in the taking of
depositions, and compensation and expenses of witnesses and
informants, all at the rates authorized or approved by the Attorney
General or the Assistant Attorney General for Administration; and
(2) when ordered by the court, actual expenses of meals and
lodging for marshals, deputy marshals, or criers when acting as
bailiffs in attendance on juries.
(b) Except as provided in subsection (a) of this section, a claim of
not more than $500 for expenses related to litigation that is beyond the
control of the Department may be paid out of appropriations currently
available to the Department for expenses related to litigation when the
Comptroller General settles the payment.
(c)(1) There is established in the United States Treasury a special
fund to be known as the Department of Justice Assets Forfeiture Fund
(hereafter in this subsection referred to as the ``Fund'') which shall
be available to the Attorney General without fiscal year limitation for
the following law enforcement purposes--
(A) the payment, at the discretion of the Attorney General, of
any expenses necessary to seize, detain, inventory, safeguard,
maintain, advertise, sell, or dispose of property under seizure,
detention, or forfeited pursuant to any law enforced or administered
by the Department of Justice, or of any other necessary expense
incident to the seizure, detention, forfeiture, or disposal of such
property including--
(i) payments for--
(I) contract services;
(II) the employment of outside contractors to operate
and manage properties or provide other specialized services
necessary to dispose of such properties in an effort to
maximize the return from such properties; and
(III) reimbursement of any Federal, State, or local
agency for any expenditures made to perform the functions
described in this clause;
(ii) payments to reimburse any Federal agency participating
in the Fund for investigative costs leading to seizures;
(iii) payments for contracting for the services of experts
and consultants needed by the Department of Justice to assist in
carrying out duties related to asset seizure and forfeiture; and
(iv) payments made pursuant to guidelines promulgated by the
Attorney General if such payments are necessary and directly
related to seizure and forfeiture program expenses for--
(I) the purchase or lease of automatic data processing
systems (not less than a majority of which use will be
related to such program);
(II) training;
(III) printing;
(IV) the storage, protection, and destruction of
controlled substances; and
(V) contracting for services directly related to the
identification of forfeitable assets, and the processing of
and accounting for forfeitures;
(B) the payment of awards for information or assistance directly
relating to violations of the criminal drug laws of the United
States or of sections 1956 and 1957 of title 18, sections 5313 and
5324 of title 31, and section 6050I of the Internal Revenue Code of
1986;
(C) at the discretion of the Attorney General, the payment of
awards for information or assistance leading to a civil or criminal
forfeiture involving any Federal agency participating in the Fund;
(D) the compromise and payment of valid liens and mortgages
against property that has been forfeited pursuant to any law
enforced or administered by the Department of Justice, subject to
the discretion of the Attorney General to determine the validity of
any such lien or mortgage and the amount of payment to be made, and
the employment of attorneys and other personnel skilled in State
real estate law as necessary;
(E)(i) for disbursements authorized in connection with remission
or mitigation procedures relating to property forfeited under any
law enforced or administered by the Department of Justice; and
(ii) for payment for--
(I) costs incurred by or on behalf of the Department of
Justice in connection with the removal, for purposes of Federal
forfeiture and disposition, of any hazardous substance or
pollutant or contaminant associated with the illegal manufacture
of amphetamine or methamphetamine; and
(II) costs incurred by or on behalf of a State or local
government in connection with such removal in any case in which
such State or local government has assisted in a Federal
prosecution relating to amphetamine or methamphetamine, to the
extent such costs exceed equitable sharing payments made to such
State or local government in such case;
(F)(i) for equipping for law enforcement functions of any
Government-owned or leased vessel, vehicle, or aircraft available
for official use by any Federal agency participating in the Fund;
(ii) for equipping any vessel, vehicle, or aircraft available
for official use by a State or local law enforcement agency to
enable the vessel, vehicle, or aircraft to assist law enforcement
functions if the vessel, vehicle, or aircraft will be used in a
joint law enforcement operation with a Federal agency participating
in the Fund; and
(iii) payments for other equipment directly related to seizure
or forfeiture, including laboratory equipment, protective equipment,
communications equipment, and the operation and maintenance costs of
such equipment;
(G) for purchase of evidence of any violation of the Controlled
Substances Act, the Controlled Substances Import and Export Act,
chapter 96 of title 18, or sections 1956 and 1957 of title 18;
(H) the payment of State and local property taxes on forfeited
real property that accrued between the date of the violation giving
rise to the forfeiture and the date of the forfeiture order; and
(I) payment of overtime salaries, travel, fuel, training,
equipment, and other similar costs of State or local law enforcement
officers that are incurred in a joint law enforcement operation with
a Federal law enforcement agency participating in the Fund.
Amounts for paying the expenses authorized by subparagraphs (B), (F),
and (G) shall be specified in appropriations Acts and may be used under
authorities available to the organization receiving the funds. Amounts
for other authorized expenditures and payments from the Fund, including
equitable sharing payments, are not required to be specified in
appropriations acts. The Attorney General may exempt the procurement of
contract services under subparagraph (A) under the Fund from 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.
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\1\ See References in Text note below.
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(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.
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\2\ So in original. Probably should be capitalized.
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(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.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 341. July 28, 1950, ch.
503, Sec. 1, 64
Stat. 380.
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The words ``now or hereafter'' are omitted as unnecessary. The words
``Assistant Attorney General for Administration'' are substituted for
``his administrative assistant'' to make the statute more specific and
to reflect the current title of the position, see Sec. 307 of the Act of
Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432.
1982 Act
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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28:524(b)............................ 31:693a. Oct. 10, 1949, ch. 662, Sec. 101 (par.
under heading ``General Provision--
Department of Justice''), 63 Stat. 746.
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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.
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.
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.
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 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
foreign countries individuals accused of acts of terrorism that
violate the laws of the United States.
``(b) No Effect on Prior Appropriations.--Subsection (a) shall not
be construed to affect the amount or availability of any appropriation
to the Counterterrorism Fund made before the date of the enactment of
this Act [Oct. 26, 2001].''
Pub. L. 104-19, title III, July 27, 1995, 109 Stat. 249, provided
that: ``There is hereby established the Counterterrorism Fund which
shall remain available without fiscal year limitation. For necessary
expenses, as determined by the Attorney General, $34,220,000, to remain
available until expended, is appropriated to the Counterterrorism Fund
to reimburse any Department of Justice organization for the costs
incurred in reestablishing the operational capability of an office or
facility which has been damaged or destroyed as the result of the
bombing of the Alfred P. Murrah Federal Building in Oklahoma City or any
domestic or international terrorism event: Provided, That funds from
this appropriation also may be used to reimburse the appropriation
account of any Department of Justice agency engaged in, or providing
support to, countering, investigating or prosecuting domestic or
international terrorism, including payment of rewards in connection with
these activities, and to conduct a terrorism threat assessment of
Federal agencies and their facilities: Provided further, That any amount
obligated from appropriations under this heading may be used under the
authorities available to the organization reimbursed from this
appropriation: Provided further, That amounts in excess of the
$10,555,000 made available for extraordinary expenses incurred in the
Oklahoma City bombing for fiscal year 1995, shall be available only
after the Attorney General notifies the Committees on Appropriations of
the House of Representatives and the Senate in accordance with section
605 of Public Law 103-317 [108 Stat. 1773]: Provided further, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(D)(i)], as amended:
Provided further, That the amount not previously designated by the
President as an emergency requirement shall be available only to the
extent an official budget request, for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement, as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985 [see Short Title note set out under 2 U.S.C. 900],
as amended, is transmitted to Congress.''
Unauthorized Transfers From Department of Justice Accounts; Control of
Allocation of Funds by Authority Other Than Office of Management and
Budget or Department of Justice
Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed by
the House of Representatives on Dec. 6, 1995, and as enacted into law by
Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, as
amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat.
37, provided that: ``Hereafter, notwithstanding any other provision of
law--
``(1) No transfers may be made from Department of Justice
accounts other than those authorized in this Act [probably means
H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in
previous or subsequent appropriations Acts for the Department of
Justice, or in part II of title 28 of the United States Code, or in
section 10601 of title 42 of the United States Code; and
``(2) No appropriation account within the Department of Justice
shall have its allocation of funds controlled by other than an
apportionment issued by the Office of Management and Budget or an
allotment advice issued by the Department of Justice.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 103-317, title I, Sec. 113, Aug. 26, 1994, 108 Stat. 1736.
Use of Deposits Transferred From Assets Forfeiture Fund to Buildings and
Facilities Account of Federal Prison System
Section 106 of Pub. L. 103-121 provided that: ``For fiscal year 1994
and thereafter, deposits transferred from the Assets Forfeiture Fund to
the Buildings and Facilities account of the Federal Prison System may be
used for the construction of correctional institutions, and the
construction and renovation of Immigration and Naturalization Service
and United States Marshals Service detention facilities, and for the
authorized purposes of the Cooperative Agreement Program.''
[For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.]
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-395, title I, Sec. 107, Oct. 6, 1992, 106 Stat. 1841.
Pub. L. 102-140, title I, Sec. 107, Oct. 28, 1991, 105 Stat. 794.
Pub. L. 101-515, title II, Sec. 208, Nov. 5, 1990, 104 Stat. 2119.
Pub. L. 101-162, title II, as added Pub. L. 101-302, title II, May
25, 1990, 104 Stat. 216.
Notice and Approval of Transfer of Subsection (c)(1)(H) Deposits
Section 101(a) [title II, Sec. 210(b)] of Pub. L. 100-202 provided
that: ``Amounts proposed for transfer pursuant to subsection (a)
[amending this section] shall be transferred only upon notification by
the Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate and approval under said Committees'
policies concerning the reprogramming of funds.''
Section Referred to in Other Sections
This section is referred to in section 530C of this title; title 18
sections 793, 794, 798, 2254; title 21 sections 881, 1509; title 31
section 9703; title 50 section 783.
