Page:United States Statutes at Large Volume 104 Part 6.djvu/547

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4937 "§ 3007. Perishable personal property "(a) AUTHORITY TO SELL. —If at any time during any action or proceeding under this chapter the court determines on its own initiative or upon motion of any party, that any seized or detained personal property is likely to perish, waste, or be destroyed, or otherwise substantially depreciate in value during the pendency of the proceeding, the court shall order a commercially reasonable sale of such property. "(b) DEPOSIT OF SALE PROCEEDS.— Within 5 days after such sale, the proceeds shall be deposited with the clerk of the court, accompanied by a statement in writing and signed by the United States marshal, to be filed in the action or proceeding, stating the time and place of sale, the name of the purchaser, the amount received, and an itemized account of expenses. " (c) PRESUMPTION.—For purposes of liability on the part of the United States, there shall be a presumption that the price paid at a sale under subsection (a) is the fair market value of the property or portion. "§ 3008. Proceedings before United States magistrates "A district court of the United States may assign its duties in proceedings under this chapter to a United States magistrate to the extent not inconsistent with the Constitution and laws of the United States. "§ 3009. United States marshals' authority to designate keeper "Whenever a United States marshal is authorized to seize property pursuant to this chapter, the United States marshal may designate another person or Federal agency to hold for safekeeping such property seized. "§ 3010. Co-owned property "(a) LIMITATION.—The remedies available to the United States under this chapter may be enforced against property which is coowned by a debtor and any other person only to the extent allowed by the law of the State where the property is located. This section shall not be construed to limit any right or interest of a debtor or coowner in a retirement system for Federal military or civilian personnel established by the United States or any agency thereof or in a qualified retirement arrangement. "(b) DEFINITIONS. —For purposes of subsection (a)— "(1) the term 'retirement system for Federal military or civilian personnel' means a pension or annuity system for Federal military or civilian personnel of more than one agency, or for some or all of such personnel of a single agency, established by statute or by regulation pursuant to statutory authority; and "(2) the term 'qualified retirement arrangement' means a plan qualified under section 401(a), 403(a), or 409 of the Internal Revenue Code of 1986 or a plan that is subject to the requirements of section 205 of the Employee Retirement Income Security Act of 1974. "§ 3011. Assessment of surcharge on a debt "(a) SURCHARGE AUTHORIZED. — In an action or proceeding under subchapter B or C, and subject to subsection (b), the United States is