PUBLIC LAW 98–573—OCT. 30, 1984 “(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance; the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article. "(b) As used in this section, the term 'controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).". (5) Section 608 (19 U.S.C. 1608) is amended (A) in the sentence beginning "Any person", by inserting "aircraft," after "vehicle,"; and (B) in the sentence beginning "Upon the filing", by inserting after "penal sum of" the following: "$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than". (6) Section 609 (19 U.S.C. 1609) is amended (A) by striking out "If no" and inserting in lieu thereof "(a) If no"; (B) by inserting "aircraft," after "vehicle,"; (C) by inserting after "according to law, and" the following: "(except as provided in subsection (b) of this section)"; and (D) by adding at the end the following new subsection: "(b) During the period beginning on the date of the enactment of this subsection and ending on September 30, 1987, the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.". (7) Section 610 (19 U.S.C. 1610) is amended (A) by striking out "VALUE MORE THAN $10,000" in the section heading and inserting in lieu thereof "JUDICIAL FORFEITURE PROCEEDINGS"; and (B) by striking out "If the value of any vessel, vehicle, merchandise, or baggage so seized is greater than $10,000,' and inserting in lieu thereof "If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 607 of this Act,". (8) Section 611 (19 U.S.C. 1611) is amended by inserting "aircraft," after "vehicle," each place it appears. (9) Section 612 (19 U.S.C. 1612) is amended (A) by inserting "aircraft," after "vehicle," each place it (B) in the sentence beginning "Whenever it appears"- (ii) by striking out "the value of"; and (iii) by striking out "as determined under section 606 of this Act, does not exceed $10,000" and inserting in lieu thereof "is subject to section 607 of this Act"; (C) in the sentence beginning "If such value”— (i) by striking out "such value of"; and (ii) by striking out "exceeds $10,000" and inserting in lieu thereof “is not subject to section 607 of this Act,”; and 98 STAT. 2985 98 STAT. 2986 Infra. 19 USC 1613b. 19 USC 1524. 19 USC 1613. 19 USC 1619. Ante, p. 2985. 31 USC 5301 et seq. PUBLIC LAW 98-573-OCT. 30, 1984 (D) by adding at the end the following new subsection: "(b) If the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, and such value is less than $1,000, such officer may proceed forthwith to order destruction or other appropriate disposition of such property, under regulations prescribed by the Secretary of the Treasury." (10) Section 613 (19 U.S.C. 1613) is amended (A) by inserting "aircraft," after "vehicle," in the sentence beginning "Except as" in subsection (a); (B) by striking out "with the Treasurer of the United States as a customs or navigation fine" and inserting in lieu thereof "in the general fund of the Treasury of the United States" in paragraph (3) of the sentence beginning "If no" in subsection (a); and (C) by amending subsection (b) by inserting after “and (2) of this section" the following: "or subsection (a)(1), (a)(3), or (a)(4) of section 613A of this Act". (11) Part V of title IV (19 U.S.C. 1581 et seq.) is amended by adding after section 613 the following new section: "SEC. 613A. CUSTOMS FORFEITURE FUND. "(a) There is established in the Treasury of the United States a fund to be known as the Customs Forfeiture Fund (hereinafter in this section referred to as the ‘fund'), which shall be available to the United States Customs Service, subject to appropriation, during the period beginning on the date of the enactment of this section and ending on September 30, 1987. The fund shall be available with respect to seizures and forfeitures by the United States Customs Service under any law enforced or administered by it for payment (to the extent that such payment is not reimbursed under section 524 of this Act)— "(1) of all proper expenses of the seizure or the proceedings of forfeiture and sale (not otherwise recovered under section 613(a)), including, but not limited to, expenses of inventory, security, maintaining the custody of the property, advertising and sale, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court; "(2) of awards of compensation to informers under section 619 of this Act; "(3) for satisfaction of— "(A) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate customs officer according to law; and "(B) other liens against forfeited property; "(4) of amounts authorized by law with respect to remission and mitigation; "(5) for equipping for law enforcement functions of forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the United States Customs Service; and "(6) of claims of parties in interest to property disposed of under section 612(b) of this Act, in the amounts applicable to such claims at the time of seizure. In addition to the purposes described in paragraphs (1) through (6), the fund shall be available for purchases by the United States Customs Service of evidence of (A) smuggling of controlled substances, and (B) violations of the currency and foreign transaction reporting requirements of chapter 53 of title 31, United States Code, PUBLIC LAW 98-573-OCT. 30, 1984 if there is a substantial probability that the violations of these requirements are related to the smuggling of controlled substances. (b)(1) Payment under paragraphs (3) and (4) of subsection (a) of this section shall not exceed the value of the property at the time of the seizure. "(2) Amounts under subsection (a) of this section shall be available, at the discretion of the Commissioner of Customs, to reimburse the applicable appropriation for expenses incurred by the Coast Guard for a purpose specified in such subsection. "(c) There shall be deposited in the fund during the period beginning on the date of the enactment of this section, and ending on September 30, 1987, all proceeds from forfeiture under any law enforced or administered by the United States Customs Service (after reimbursement of expenses under section 524 of this Act) and all earnings on amounts invested under subsection (d) of this section. "(d) Amounts in the fund which are not currently needed for the purposes of this section shall be invested in obligations of, or guaranteed by, the United States. "(e) Not later than four months after the end of each fiscal year, the Commissioner of Customs shall transmit to the Congress a report on receipts and disbursements with respect to the fund for such year. “(fX1) There are authorized to be appropriated from the fund for each of the four fiscal years beginning with fiscal year 1984, not more than $10,000,000. “(2) At the end of each of the first three of such four fiscal years, any amount in the fund in excess of $10,000,000 shall be deposited in the general fund of the Treasury. At the end of the last of such four fiscal years, any amount in the fund shall be deposited in the general fund of the Treasury, and the fund shall cease to exist.". (12) Section 614 (19 U.S.C. 1614) is amended by inserting "aircraft," after "vehicle," each place it appears. (13) Section 615 (19 U.S.C. 1615) is amended (A) in the matter before the proviso, by inserting "aircraft," after "vehicle," each place it appears; and (B) in paragraph (1) of the proviso, by striking out "vessel or vehicle” and inserting in lieu thereof "vessel, vehicle, or aircraft". (14) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by paragraph (11), is further amended by adding after section 615 the following new section: "SEC. 616. TRANSFER OF FORFEITED PROPERTY. 98 STAT. 2987 "(a) The Secretary of the Treasury may discontinue forfeiture proceedings under this Act in favor of forfeiture under State law. If a complaint for forfeiture is filed under this Act, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law. "(b) 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) The Secretary of the Treasury may transfer any property forfeited under this Act to any State or local law enforcement 19 USC 1524. Securities. Report. Appropriation authorization. 19 USC 1616a. 98 STAT. 2988 19 USC 1589a. 26 USC 7607. 19 USC 1304 note. PUBLIC LAW 98–573—OCT. 30, 1984 agency which participated directly in the seizure or forfeiture of the property. "(d) 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.". (15) Section 619 (19 U.S.C. 1619) is amended (A) by inserting “aircraft," after “vehicle,” each place it appears, and (B) by striking out "$50,000" each place it appears and inserting in lieu thereof "$250,000". (16) The sentence beginning "Whenever any" in section 618 (19 U.S.C. 1618) is amended by inserting "aircraft," after "vehicle," each place it appears. (17) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by paragraphs (11) and (13), is further amended by adding after section 588 the following new section: "SEC. 589. ENFORCEMENT AUTHORITY OF CUSTOMS OFFICERS. "Subject to the direction of the Secretary of the Treasury, an officer of the customs may "(1) carry a firearm; "(2) execute and serve any order, warrant, subpena, summons, or other process issued under the authority of the United States; "(3) make an arrest without a warrant for any offense against the United States committed in the officer's presence or for a felony, cognizable under the laws of the United States committed outside the officer's presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and "(4) perform any other law enforcement duty that the Secretary of the Treasury may designate.". (b)(1) Section 7607 of the Internal Revenue Code of 1954 is repealed. (2) The table of sections for subchapter A of chapter 78 of the Internal Revenue Code of 1954 is amended by striking out the item relating to section 7607. SEC. 214. EFFECTIVE DATES. (a) For purposes of this section, the term "15th day" means the 15th day after the date of the enactment of this Act. (b) Except as provided in subsections (c), (d), and (e), the amendments made by this title shall take effect on the 15th day. (c)(1) The amendment made by section 204 shall apply with respect to vessels returning from the British Virgin Islands on or after the 15th day. (2) The amendments made by section 207 shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day; except for such of those articles that, on or before the 15th day, had been taken on board for transit to the customs territory of the United States. (3)(A) The amendment made by section 208 shall apply with respect to entries made in connection with arrivals of vessels on or after the 15th day. (B) Upon request therefor filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act, any entry in connection with the arrival of a vessel used primarily for transporting passengers or property PUBLIC LAW 98-573–OCT. 30, 1984 (i) made before the 15th day but not liquidated as of Jaruary 1, 1983, or (ii) made before the 15th day but which is the subject of an action in a court of competent jurisdiction on September 19, 1983, and (iii) with respect to which there would have been no duty if the amendment made by section 208 applied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, be liquidated or reliquidated as though such entry had been made on the 15th day. (4) The amendments made by section 209 shall apply with respect to articles launched into space from the customs territory of the United States on or after January 1, 1985. (5)(A) The amendment made by section 210(a) shall take effect on the 30th day after the date of the enactment of this Act. (B) The amendment made by section 210(b) shall apply with respect to determinations made or ordered on or after the date of the enactment of this Act. (d)(1) The amendments made by section 212 shall take effect upon the close of the 180th day following the date of the enactment of this Act with the following exceptions: (A) Section 641(c)(1)(B) and section 641(c)(2) of the Tariff Act of 1930, as added by such section, shall take effect three years after the date of the enactment of this Act. (B) The amendments made to the Tariff Act of 1930 by subsection (c) of section 212 shall take effect on such date of enactment. (2) A license in effect on the date of enactment of this Act under section 641 of the Tariff Act of 1930 (as in effect before such date of enactment) shall continue in force as a license to transact customs business as a customs broker, subject to all the provisions of section 212 and such licenses shall be accepted as permits for the district or districts covered by that license. (3) Any proceeding for revocation or suspension of a license instituted under section 641 of the Tariff Act of 1930 before the date of the enactment of this Act shall continue and be governed by the law in effect at the time the proceeding was instituted. (4) If any provision of section 212 or its application to any person or circumstances is held invalid, it shall not affect the validity of the remaining provisions or their application to any other person or circumstances. (e) The amendments made by section 213 shall take effect October 15, 1984. Subtitle B-Small Business Trade Assistance SEC. 221. ESTABLISHMENT OF TRADE REMEDY ASSISTANCE OFFICE IN THE UNITED STATES INTERNATIONAL TRADE COMMISSION. Part 2 of title II of the Tariff Act of 1930 (19 U.S.C. 1330-1341) is amended by inserting after section 338 the following new section: "SEC. 339. TRADE REMEDY ASSISTANCE OFFICE. "(a) There is established in the Commission a Trade Remedy Assistance Office which shall provide full information to the public, upon request, concerning "(1) remedies and benefits available under the trade laws, and 98 STAT. 2989 19 USC 1339. |