Page:United States Statutes at Large Volume 102 Part 5.djvu/317

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4323

expenditures may be carried forward and remain available for appropriation in the next fiscal year. "(10) For the purposes of this subsection, property is forfeited pursuant to a law enforced or administered by the Department of Justice if it is forfeited pursuant to— "(A) any criminal forfeiture proceeding; "(B) any civil judicial forfeiture proceeding; or "(C) any civil administrative forfeiture proceeding conducted by the Department of Justice, except to the extent that the seizure was effected by a Customs officer or that custody was maintained by the United States Customs Service in which case the provisions of section 613A of the Tariff Act of 1930 (19 U.S.C. 1613a) shall apply.". SEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

(a) IN GENERAL.—There is established in the Treasury of the United States the Special Forfeiture Fund (hereafter referred to in this section as the "Fund") which shall be available to the Director of the National Drug Control Policy without fiscal year limitation in such amounts as may be speciffed in appropriations acts. (b) DEPOSITS.—Banning in ffscal year 1990, there shall be deposited in the Fund not to exceed $150,000,000 in unobligated amounts remaining at the end of each fiscal year from the Department of Justice Assets Forfeiture Fund (28 U.S.C. 524(c)) except that amounts specified in section 524(c)(9) of title 28, United States Code, may be carried forward and remain available for appropriation in the next fiscal year. (c) INVESTMENT OF FUND.—Amounts in the Fund which are not currently needed for the purposes 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. (d) PRESIDENT'S BUDGET.—The President shall, in consultation

with the Director for National Drug Control Policy, include, as part of the budget submitted to the Congress under section 1105(a) of title 31, United States C)ode, a separate and detailed request for the use of the amounts in the Fund. This request shall reflect the priorities of the National Drug Control strategy. (e) FUNDS PROVIDED SUPPLEMENTAL.—Funds disbursed under this subsection shall not be used to supplant existing funds, but shall be used to supplement the amount of funds that would be otherwise available. (f) ANNUAL REPORT.—No later than 4 months after the end of each fiscal year, the President shall submit to both Houses of ([!!ongress a detailed report on the amounts deposited in the Fund and a description of expenditures made under this subsection. SEC. 6074. TRANSFER BY THE ATTORNEY GENERAL OF FOREIGN PROPERTY.

Section 511(e)(l) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by— (1) striking "or" after the semicolon in subparagraph (C); (2) striking the period at the end of subparagraph (D) and inserting "; or"; and (3) adding at the end thereof the following: "(E) transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property

21 USC 1509.

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