Department of the Treasury

Treasury Forfeiture Fund

Congressional Justification 

for Appropriations and 

Annual Performance 

Report and Plan

FY 2018 
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Table of Contents

Section I – Purpose........................................................................................................................ 3

A – Mission Statement................................................................................................................ 3

B – Summary of the Request ...................................................................................................... 3

1.1 – Appropriations Detail Table .............................................................................................. 4

1.2 – Operating Levels Table...................................................................................................... 5

D – Appropriations Language and Explanation of Changes ...................................................... 6

E – Legislative Proposals............................................................................................................ 6

Section II – Annual Performance Plan and Report................................................................... 7

A – Strategic Alignment ............................................................................................................. 7

B – Budget and Performance by Budget Activity ...................................................................... 8

2.1.1 - Treasury Forfeiture Fund Resources and Measures....................................................... 8

Treasury Forfeiture Fund Budget and Performance ................................................................... 8

Section III – Additional Information .......................................................................................... 9

A – Summary of Capital Investments......................................................................................... 9
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Section I – Purpose

A – Mission Statement

To affirmatively influence the consistent and strategic use of asset forfeiture by law enforcement 

bureaus that participate in the Treasury Forfeiture Fund (the Fund) to disrupt and dismantle 

criminal enterprises.

B – Summary of the Request 

The Treasury Executive Office for Asset Forfeiture (TEOAF) administers the Treasury 

Forfeiture Fund. The Fund is the receipt account for proceeds from non-tax forfeitures made 

pursuant to laws enforced or administered by participating Treasury and Department of 

Homeland Security agencies. The Fund was established in 1992 as the successor to the Customs 

Forfeiture Fund.

The Treasury Forfeiture Fund is a special fund. Special funds are federal fund accounts for 

receipts earmarked by law for specific purposes and the expenditure of these receipts. In 

addition to the agencies listed below, the funds can be allocated to other law enforcement entities 

that do not have forfeiture authority, such as the Financial Crimes Enforcement Network, Federal 

Law Enforcement Training Center, and Alcohol and Tobacco Tax and Trade Bureau.

The principal revenue-producing member bureaus include Internal Revenue Service Criminal 

Investigation, Customs and Border Protection (CBP), Immigration and Customs Enforcement 

(ICE), and the U.S. Secret Service. The latter three bureaus are part of the Department of 

Homeland Security, transferred from other agencies as part of the Homeland Security Act of 

2002. These member bureaus are joined by the U.S. Coast Guard, Department of Homeland 

Security, as the result of a longstanding close law enforcement relationship with CBP and ICE. 

As the administrator for the Fund, TEOAF performs the following functions:

• Promotes the use of proceeds from asset forfeitures to fund programs and activities aimed at 

disrupting criminal enterprises and enhancing forfeiture capabilities;

• Manages the Fund’s revenues to cover the cost of the asset forfeiture program;

• Promotes financial stability and vitality of the Fund; and

• Identifies and addresses program risks.

TEOAF intends to maintain a dynamic and evolving asset seizure and forfeiture program that is 

responsive to the needs of member law enforcement bureaus. The Fund estimates $416 million 

in revenue from forfeiture deposits, reverse asset sharing, and interest in FY 2018.
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1.1 – Appropriations Detail Table

Dollars in Thousands

Treasury Forfeiture Fund

Budgetary Resources

FTE AMOUNT FTE AMOUNT FTE AMOUNT FTE AMOUNT FTE AMOUNT

Revenue/Offsetting Collections

Interest 0 $7,644 0 $8,000 0 $3,000 0 ($5,000) 0 -62.50%

Restored Temporary Rescission 0 $944,000 0 $876,000 0 $876,000 0 $0 0 0.00%

Restored Sequestration 0 $399,291 0 $124,328 0 $93,783 0 ($30,545) 0 -24.57%

Forfeiture Revenue 0 $876,702 0 $475,177 0 $413,000 0 ($62,177) 0 -13.09%

Recovery from Prior Years 0 $4,057,885 0 $30,000 0 $30,000 0 $0 0 0.00%

Unobligated Balances from Prior Years 0 $97,184 0 $1,034,832 0 $835,000 0 ($199,832) 0 -19.31%

Total Revenue/Offsetting Collections $6,382,706 $2,548,337 $2,250,783 ($297,554) -11.68%

Expenses/Obligations

Asset Forfeiture

Mandatory Obligations 1 25 $451,581 25 $621,232 25 $450,000 0 ($171,232) 0 -27.56%

Secretary's Enforcement Fund 0 $57,165 0 $7,075 0 $30,000 0 $22,925 0 324.03%

Super Surplus Obligations 2 0 $0 0 $114,634 0 $100,000 0 ($14,634) 0 -12.77%

Total Expenses/Obligations 25 $508,746 25 $742,941 25 $580,000 0 ($162,941) 0 -21.93%

Rescissions/Cancellations

Sequestration Reduction 3 0 ($124,328) 0 ($93,783) 0 0 $93,783 0 -100.00%

Temporary Rescission 0 ($876,000) 0 ($876,000) 0 0 $876,000 0 -100.00%

Permanent Cancellation 0 ($3,800,000) 0 $0 0 ($876,000) 0 ($876,000) 0 NA

Appropriation Precluded from Obligation 4 0 ($38,800) 0 $0 0 0 $0 0 NA

Total Rescissions/Cancellations ($4,839,128) ($969,783) ($876,000) $93,783 -9.67%

Net Results $1,034,832 $835,613 $794,783 ($40,830) -4.89%

Contingent Liabilities $485,421 $352,054 $300,000 ($52,054) 0 -14.79%

FY 2016 FY 2017 FY 2018 FY 2017 to FY 2018

Actual Estimated5 Estimated $ Change % Change

1 The Treasury Forfeiture Fund is staffed by Departmental Offices employees and positions are funded via reimbursable agreement. The FTE are 

shown here for clarity, but are also reflected in the Departmental Offices chapter in the reimbursable FTE total. 2 Treasury will revise the FY 2017 Super Surplus plan based on the Consolidated Appropriations Act, 2017, and resubmit the FY 2017 Super Surplus 

plan to Congress. For FY 2018, Treasury will submit a spending plan to Congress for the FY 2018 Super Surplus amount. 3 Treasury reestimated the forfeiture revenue after OMB’s A-11 MAX deadline; therefore, the FY 2017 sequestration reduction is slightly higher than the 

amount in the Budget. Treasury will compute the FY 2018 sequestration reduction once the OMB Report to Congress on the Joint Committee 

Sequestration for Fiscal Year 2018 is released. 4 P.L. 114-113 permanently rescinded $3,800,000,000 of the $3,838,800,000 forfeited in United States v. BNPP, No.14 Cr. 460 (S.D.N.Y.). Treasury is 

unable to obligate the remaining $38,800,000 due to a provision in section 405, Title IV limiting the use of these funds. 5 A full-year 2017 appropriation for this account was not enacted at the time the budget was prepared; therefore, the budget assumes this account is 

operating under the Further Continuing Appropriations Act, 2017 (P.L. 114–254). The amounts included for 2017 reflect the annualized level provided 

by the continuing resolution.
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1.2 – Operating Levels Table

Dollars in Thousands

Treasury Forfeiture Fund FY 2016 FY 2017 FY 2018

Object Classification Actual Estimated Estimated

25.2 - Other services from non-Federal sources $62,647 $78,022 $40,600 

25.3 - Other goods and services from Federal sources $165,897 $222,905 $115,985 

26.0 - Supplies and materials $14 $15 $15 

41.0 - Grants, subsidies, and contributions $188,677 $372,349 $373,390 

43.0 - Interests and dividends $5 $5 $5 

44.0 - Refunds $34,348 $69,640 $50,000 

94.0 - Financial transfers $57,157 $5 $5 

Total Non-Personnel $508,746 $742,941 $580,000 

Total Budgetary Resources $508,746 $742,941 $580,000 

Budget Activities:

Asset Forfeiture Fund $508,746 $742,941 $580,000 

Total Budgetary Resources $508,746 $742,941 $580,000 

FTE 25 25 25
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D – Appropriations Language and Explanation of Changes

Appropriations Language Explanation of Changes

DEPARTMENT OF THE TREASURY

TREASURY FORFEITURE FUND

(CANCELLATION)

 Of the unobligated balances available under this heading, 

$876,000,000 are hereby permanently cancelled not later than 

September 30, 2018.

(INCLUDING RETURN OF FUNDS)

 In addition, of amounts in the Treasury Forfeiture Fund, 

$38,800,000 from funds paid to the United States Government by 

BNP Paribas S.A. as part of, or related to, a plea agreement 

dated June 27, 2014, entered into between the Department of

Justice and BNP Paribas S.A., and subject to a consent order 

entered by the United States District Court for the Southern 

District of New York on May 1, 2015, in United States v. BNPP, 

No. 14 Cr. 460 (S.D.N.Y.), are hereby returned to the General 

Fund of the Treasury.

 Note.—A full-year 2017 appropriation for this account was not 

enacted at the time the budget was prepared; therefore, the budget 

assumes this account is operating under the Further Continuing 

Appropriations Act, 2017 (P.L. 114–254). The amounts included 

for 2017 reflect the annualized level provided by the continuing 

resolution.

The addition of “not later 

than September 30, 

2018” to the cancellation 

language will allow 

Treasury to manage the 

timing of the reduction 

and help prevent 

disruptions to cash flow. 

Treasury is also 

proposing to permanently

cancel these balances. 

P.L. 114-113 rescinded

$3,800,000,000 of the 

$3,838,800,000 forfeited 

by BNP Paribas in 2015 

and prohibited Treasury 

from obligating the 

remaining balance. 

However, the remaining 

balance will remain in 

the Fund unless returned 

to the General Fund.

Return of these funds to 

Treasury is being done 

solely to remove them 

from the Fund’s account, 

but will not count as 

savings because the 

funds are already 

precluded from 

obligation.

E – Legislative Proposals

The Fund has no legislative proposals for FY 2018.
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Section II – Annual Performance Plan and Report

A – Strategic Alignment

The function of the Fund is to ensure resources are managed to cover the costs of an effective 

asset seizure and forfeiture program, including the costs of seizure or the proceedings of 

forfeiture and sale, including the expenses of detention, inventory, security, maintenance, 

advertisement, or disposal of the property. Additionally, the Fund is used to support law 

enforcement priorities, financial investigative capabilities and the seizure of physical and 

financial resources to disrupt and dismantle criminal enterprises. The FY 2018-2022 Strategic 

Plan is currently under development. The Annual Performance Plan will be updated in the FY 

2019 Budget to reflect the new priorities.

Summary of the Fund’s Authorities: The enabling legislation for the Fund (31 U.S.C. § 9705) 

defines the purposes for which the Fund’s revenue may be used. Revenues deposited to the Fund 

can be allocated and used as the result of a permanent indefinite appropriation provided by 

Congress. 

A forfeiture process begins once currency or property is seized. Seized currency is deposited 

into a suspense account (holding account) until forfeited. At that time, the forfeited amount is 

transferred (deposited) to the Fund as revenue. Forfeited properties are usually sold and the 

proceeds are also deposited into the Fund as revenue. This revenue represents budget authority 

for meeting obligations and expenses of the program.

Expenses of the Fund are set in a relative priority so that operating costs are met first and may 

not exceed revenues.

Uses of the Fund:

 

Mandatory items represent the operating costs of the Fund, including expenses of storing and 

maintaining seized and forfeited assets, valid liens and mortgages, investigative expenses 

incurred in pursuing a seizure, information and inventory systems, remissions, victim restoration, 

and certain costs of local police agencies incurred in joint law enforcement operations. 

Following seizure, equitable shares may be paid to state and local law enforcement agencies that 

contributed to the seizure activity at a level proportionate to their involvement.

Secretary’s Enforcement Fund (SEF) represents revenue from equitable shares received from

Department of Justice (DOJ) or U.S. Postal Service (USPS) forfeitures. These shares are 

proportionate to Treasury’s participation in the overall investigative effort that led to a DOJ or 

USPS forfeiture. SEF revenue is available for federal law enforcement related purposes of any 

law enforcement organization participating in the Fund.

Super Surplus authority, established by Congress in 31 U.S.C. § 9705(g)(4)(B), allows TEOAF 

to fund priority law enforcement initiatives with remaining unobligated balances at the close of 

the fiscal year after an amount is reserved for the next fiscal year’s operations. This balance can 

be used for any federal law enforcement purpose.
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B – Budget and Performance by Budget Activity

2.1.1 - Treasury Forfeiture Fund Resources and Measures

Dollars in Thousands

Resource Level FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018

Actual Actual Actual Actual Actual Actual Estimated Estimated

Revenue/Offsetting 

Collections $590,415 $527,417 $908,113 $787,849 $4,360,617 $508,746 $742,941 $580,000 

Budget Activity Total $590,415 $527,417 $908,113 $787,849 $4,360,617 $508,746 $742,941 $580,000 

Treasury Forfeiture Fund Budget Activity

Measure FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2012 -

Actual Actual Actual Actual Actual Target Target Target FY 2016

Trend

Percent of Forfeited Cash 

Proceeds Resulting from 

High-Impact Cases

76.38 95.09 86.73 98.25 89.09 80.0 80.0 80.0

Treasury Forfeiture Fund Budget and Performance 

($580,000,000 in obligations from revenue/offsetting collections):

Description of Performance

The Fund continues to measure the performance of the participating law enforcement bureaus 

through the use of the performance measure: percent of forfeited cash proceeds resulting from 

high-impact cases. This measures the percentage of forfeited cash proceeds resulting from highimpact cases, which are cases resulting in a cash forfeiture deposit equal to or greater than 

$100,000. 

Focusing on strategic cases and investigations that result in high-impact forfeitures will do the 

greatest damage to criminal organizations while accomplishing the ultimate objective, which is 

to disrupt and dismantle criminal activity. Member law enforcement bureaus participating in the 

Fund have met or exceeded the performance target since FY 2013. The Fund maintains a target 

of 80 percent because some cases may be important to pursue, even if they are not high-impact 

cases and result in deposits of less than $100,000. 

The member bureaus exceeded the target 80 percent by 9.09 percent for FY 2016. For FY 2017 

and FY 2018, the target will remain at 80 percent.
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Section III – Additional Information

A – Summary of Capital Investments

A summary of capital investment resources, including major information technology and nontechnology investments can be found at:

http://www.treasury.gov/about/budget-performance/Pages/summary-of-capital-investments.aspx

This website also contains a digital copy of this document.