
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1509]

 
                        TITLE 21--FOOD AND DRUGS
 
                CHAPTER 20--NATIONAL DRUG CONTROL PROGRAM
 
          SUBCHAPTER I--OFFICE OF NATIONAL DRUG CONTROL POLICY
 
Sec. 1509. 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 
specified in appropriations Acts.

(b) Deposits

    There shall be deposited into the Fund the amounts specified by 
section 524(c)(8) of title 28 and section 9703(g) \1\ of title 31 and 
any earnings on the investments authorized by subsection (d) of this 
section.
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    \1\ See References in Text note below.
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(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.

(d) 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.

(e) 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, 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.

(f) Funds provided supplemental

    Funds disbursed under this subsection \2\ shall not be used to 
supplant existing funds, but shall be used to supplement the amount of 
funds that would be otherwise available.
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    \2\ So in original. Probably should be ``section''.
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(Pub. L. 100-690, title VI, Sec. 6073, Nov. 18, 1988, 102 Stat. 4323; 
Pub. L. 101-647, title XX, Sec. 2001(b), Nov. 29, 1990, 104 Stat. 4854; 
Pub. L. 102-393, title VI, Sec. 638(c), Oct. 6, 1992, 106 Stat. 1788; 
Pub. L. 103-322, title IX, Sec. 90205(a), (d), Sept. 13, 1994, 108 Stat. 
1994, 1995; Pub. L. 105-277, div. C, title VII, Sec. 712, Oct. 21, 1998, 
112 Stat. 2681-692.)

                          Amendment of Section

        For repeal of amendment by Pub. L. 105-277, see Termination Date 
    of 1998 Amendment note below.

                       References in Text

    Section 9703(g) of title 31, referred to in subsec. (b), probably 
means the section 9703 of title 31 added by section 638(b)(1) of Pub. L. 
102-393.

                          Codification

    Subsec. (g) of this section, which required the President to submit 
to both Houses of Congress, no later than 4 months after the end of each 
fiscal year, a detailed report on amounts deposited in the Fund and a 
description of expenditures, terminated, effective May 15, 2000, 
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a 
note under section 1113 of Title 31, Money and Finance. See, also, page 
18 of House Document No. 103-7.
    Section was enacted as part of the Anti-Drug Abuse Act of 1988 and 
as part of the Asset Forfeiture Amendments Act of 1988, and not as part 
of the National Narcotics Leadership Act of 1988 which comprises this 
chapter.


                               Amendments

    1998--Subsec. (b). Pub. L. 105-277, Sec. 712(1), temporarily 
substituted ``section 524(c)(8)'' for ``section 524(c)(9)'' and 
``section 9703(g)'' for ``section 9307(g)''. See Termination Date of 
1998 Amendment note below.
    Subsec. (e). Pub. L. 105-277, Sec. 712(2), temporarily substituted 
``Strategy'' for ``strategy''. See Termination Date of 1998 Amendment 
note below.
    1994--Subsec. (b). Pub. L. 103-322, Sec. 90205(a), which directed 
that this section be amended to read as follows, was executed by 
amending subsec. (b) of this section generally, to reflect the probable 
intent of Congress. Prior to amendment, subsec. (b) read as follows: 
``There may be transferred to and deposited into the Special Forfeiture 
Fund, amounts from--
        ``(1) the Department of Justice Assets Forfeiture Fund pursuant 
    to section 524(c)(9) of title 28; and
        ``(2) the Department of the Treasury Forfeiture Fund pursuant to 
    section 9703(g)(3)(A) of title 31.''
    Subsecs. (c) to (g). Pub. L. 103-322, Sec. 90205(d), added subsec. 
(c) and redesignated former subsecs. (c) to (f) as (d) to (g), 
respectively.
    1992--Subsec. (b). Pub. L. 102-393 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``Deposits in the Fund 
shall be made by transfer from the Department of Justice Assets 
Forfeiture Fund in the manner provided in section 524(c)(9) of title 
28.''
    1990--Subsec. (b). Pub. L. 101-647 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``Beginning in fiscal 
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 
may be carried forward and remain available for appropriation in the 
next fiscal year.''


                   Termination Date of 1998 Amendment

    Amendment by Pub. L. 105-277 repealed effective Sept. 30, 2003, see 
section 715 of Pub. L. 105-277, which is classified to section 1712 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in title 28 section 524; title 31 
section 9703.
