Page:United States Statutes at Large Volume 102 Part 5.djvu/472

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4478

PUBLIC LAW 100-690—NOV. 18, 1988 "(v) any defendant's equity in property valued at $1,000,000 or more; and "(vi) the balance of the Fund at the end of the previous fiscal year. "(2) The Fund shall be subject to annual financial audits conducted by the Comptroller General of the United States. "(f) AUTHORIZATION OF APPROPRIATIONS.—

"(1) There are hereby appropriated from the Fund such sums as may be necessary to carry out the purposes set forth in subsection (a)(D. "(2) There are authorized to be appropriated from the Fund not to exceed $20,000,000 for each fiscal year to carry out the purposes set forth in subsections (a)(3) and (h) for such fiscal year. "(3) At the end of each fiscal year, any unobligated amount in excess of $15,000,000 remaining in the Fund shall be deposited into the general fund of the Treasury of the United States.". SEC. 7365. WARRANTS.

Section 603 of the Tariff Act of 1930 (19 U.S.C. 1603) is amended— (1) by amending the section heading to read as follows: "SEC. 603. SEIZURE; WARRANTS AND REPORTS.";

and (2) by striking out "Whenever a seizure of merchandise" and inserting in lieu thereof the following: "(a) Any property which is subject to forfeiture to the United States for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of section 595 of this Act, may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law. "(b) Whenever a seizure of merchandise". SEC. 7366. DISPOSITION OF FORFEITED PROPERTY.

(a) AMENDMENT.—Section 616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)) is amended to read as follows: "(c)(1) The Secretary of the Treasury may apply property forfeited under this Act in accordance with subparagraph (A) or (B), or both: "(A) Retain any of the property for official use. "(B) Transfer any of the property to any— "(i) other Federal agency; or "(ii) State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property. "(2) The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— "(A) has been agreed to by the Secretary of State; "(B) is authorized in an international agreement between the United States and the foreign country; and "(C) is made to a country which, if applicable, has been certified under section 481(h) of the Foreign Assistance Act of 1961.".