Sec. 90205. SPECIAL FORFEITURE FUND AMENDMENTS
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## SEC. 90205 SPECIAL FORFEITURE FUND AMENDMENTS ###
(a)Deposits Into Special Forfeiture Fund Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended to read as follows: > > ### “(b) Deposits > > There shall be deposited into the Fund the amounts specified by section 524(c)(9) of title 28, United States Code, and section 9307(g) of title 31, United States Code, and any earnings on the investments authorized by subsection (d).” > . ###
(b)Transfers From Department of Justice Assets Forfeiture Fund Section 524(c)(9) of title 28, United States Code, is amended by amending subparagraphs (B), (C), and
(D)to read as follows: > > ##### “(B) > > Subject to subparagraphs
(C)and (D), at the end of each of fiscal years 1994, 1995, 1996, and 1997, 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).” > . ###
(c)Transfers From Department of the Treasury Forfeiture Fund Section 9703(g) of title 31, United States Code, is amended— ####
(1)in paragraph (3)— #####
(A)by amending subparagraph
(A)to read as follows: > > ##### “(A) > > Subject to subparagraphs
(B)and (C), at the end of each of fiscal years 1994, 1995, 1996, and 1997, the Secretary 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.” > ; and #####
(B)in subparagraph
(B)by adding the following at the end: “Further, transfers under subparagraph
(A)may not exceed one-half of the excess unobligated balance for a year. In addition, transfers under subparagraph
(A)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.”; and ####
(2)in subparagraph (4)(A)— #####
(A)in clause
(i)by striking “(i)”; and #####
(B)by striking clause (ii). ###
(d)Surplus Funds Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended— ####
(1)by redesignating subsections (c), (d), (e), and (f), as subsections (d), (e), (f), and (g), respectively; and ####
(2)by inserting after subsection
(b)the following new subsection: > > ### “(c) Super Surplus > > > ####
(1)> > Any unobligated balance up to $20,000,000 remaining in the Fund on September 30 of a fiscal year shall be available to the Director, subject to paragraph (2), to transfer to, and for obligation and expenditure in connection with drug control activities of, any Federal agency or State or local entity with responsibilities under the National Drug Control Strategy. > > > #### “(2) > > A transfer may be made under paragraph
(1)only with the advance written approval of the Committees on Appropriations of each House of Congress.” > .
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Sec. 90205
SPECIAL FORFEITURE FUND AMENDMENTS
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