                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1616a. Disposition of forfeited property


(a) State proceedings

    The Secretary of the Treasury may discontinue forfeiture proceedings 
under this chapter in favor of forfeiture under State law. If a 
complaint for forfeiture is filed under this chapter, the Attorney 
General may seek dismissal of the complaint in favor of forfeiture under 
State law.

(b) Transfer of seized property; notice

    If forfeiture proceedings are discontinued or dismissed under this 
section--
        (1) the United States may transfer the seized property to the 
    appropriate State or local official; and
        (2) notice of the discontinuance or dismissal shall be provided 
    to all known interested parties.

(c) Retention or transfer of forfeited property

    (1) The Secretary of the Treasury may apply property forfeited under 
this chapter 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--
            (i) any other Federal agency;
            (ii) any State or local law enforcement agency that 
        participated directly or indirectly in the seizure or forfeiture 
        of the property; or
            (iii) the Civil Air Patrol.

    (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 2291j(b) of title 22.

    (3) Aircraft may be transferred to the Civil Air Patrol under 
paragraph (1)(B)(iii) in support of air search and rescue and other 
emergency services and, pursuant to a memorandum of understanding 
entered into with a Federal agency, illegal drug traffic surveillance. 
Jet-powered aircraft may not be transferred to the Civil Air Patrol 
under the authority of paragraph (1)(B)(iii).

(d) Liability of United States after transfer

    The United States shall not be liable in any action relating to 
property transferred under this section if such action is based on an 
act or omission occurring after the transfer.

(June 17, 1930, ch. 497, title IV, Sec. 616, as added Pub. L. 98-573, 
title II, Sec. 213(a)(14), Oct. 30, 1984, 98 Stat. 2987; amended Pub. L. 
99-570, title I, Sec. 1863(a), Oct. 27, 1986, 100 Stat. 3207-54; Pub. L. 
100-690, title VII, Sec. 7366(a), Nov. 18, 1988, 102 Stat. 4478; Pub. L. 
101-207, Sec. 3(e), Dec. 7, 1989, 103 Stat. 1834; Pub. L. 103-447, title 
I, Sec. 102(c), Nov. 2, 1994, 108 Stat. 4693.)

                          Codification

    Another section 616 of act June 17, 1930, as added by Pub. L. 98-
473, title II, Sec. 318, Oct. 12, 1984, 98 Stat. 2055, was classified to 
section 1616 of this title and subsequently repealed.


                               Amendments

    1994--Subsec. (c)(2)(C). Pub. L. 103-447 substituted ``section 
2291j(b) of title 22'' for ``section 2291(h) of title 22''.
    1989--Subsec. (c)(1)(B). Pub. L. 101-207, Sec. 3(e)(1), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``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.''
    Subsec. (c)(3). Pub. L. 101-207, Sec. 3(e)(2), added par. (3).
    1988--Subsec. (c). Pub. L. 100-690 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``The Secretary of the 
Treasury may transfer any property forfeited under this chapter to any 
other Federal agency or to any State or local law enforcement agency 
which participated directly in the seizure or forfeiture of the 
property.''
    1986--Subsec. (c). Pub. L. 99-570 inserted ``any other Federal 
agency or to'' after ``property forfeited under this chapter to''.


                    Effective Date of 1988 Amendment

    Section 7366(b) of Pub. L. 100-690 provided that: ``The amendment 
made by subsection (a) [amending this section] applies with respect to 
property forfeited under the Tariff Act of 1930 [this chapter] on or 
after the date of the enactment of this Act [Nov. 18, 1988].''


                             Effective Date

    Section effective Oct. 15, 1984, see section 214(e) of Pub. L. 98-
573, set out as an Effective Date of 1984 Amendment note under section 
1304 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1600, 1613b of this title; 
title 18 sections 1467, 2253, 2254; title 21 section 881; title 31 
section 9703.
