‘‘(4) The Secretary shall maintain individual records
concerning 
property 
transferred 
under 
paragraph
(1)(B)(ii) demonstrating, with particularity—
‘‘(A) the circumstances of the investigation and
seizure of the forfeiture, including the race, national
origin, gender, and age of those with an interest in
the property prior to seizure; and
‘‘(B) the disposition of the property after trans-
fer by each State.’’.
SEC. 19. MAINTENANCE OF SEIZED PROPERTY.
(a) IN GENERAL.—Section 2465 of title 28, United
States Code, is amended to read as follows:
‘‘§ 2465. Return of property to claimant
‘‘Upon the entry of judgment for the claimant in any
proceeding to condemn or forfeit property seized under
this Act of Congress or one year after the seizure of such
property if no such proceeding has been initiated, such
property shall be returned forthwith to the claimant or
his agent. At such time, interest shall be paid on any
seized coins, currency or negotiable obligations at a rate
equal to the greater of 6 percent or the prevailing market
rate. Compensation for any other injury to property,
caused by or occurring subsequent to its seizure, shall also
be paid.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 2465 in the table of sections at the beginning of
chapter 163 of title 28, United States Code, is amended
to read as follows:
‘‘2465. Return of property to claimant.’’.
SEC. 20. ADMINISTRATIVE AND CONTRACTING EXPENSES.
Section 524(c) of title 28, United States Code, as
amended by section 15, is further amended by adding at
the end the following:
‘‘(14) The total of amounts paid from the Fund with
respect to a fiscal year for administrative and contracting
expenses under paragraph (1)(A) may not exceed 10 per-
cent of the total of amounts paid from the Fund for all
purposes with respect to such fiscal year.’’.
SEC. 21. REPORT TO CONGRESS.
Section 524(c)(6) of title 28, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) a report for such fiscal year containing a
description of the administrative and contracting ex-
penses paid from the Fund under paragraph
(1)(A).’’.
SEC. 22. NOMINAL CONSIDERATION SALES OF LOW VALUE
REAL PROPERTY.
Section 511(e) of the Controlled Substances Act (21
U.S.C. 881(e)) is amended—
(1) in paragraph (1)(B), by striking ‘‘(4)’’ and
inserting ‘‘(4) or (5)’’; and
(2) by adding at the end the following:
‘‘(5)(A) If any property referred to in para-
graph (1)(B) is low value real property located in a
metropolitan statistical area, the Attorney General
shall offer such property for sale, for nominal con-
sideration to tax-exempt organizations that provide
direct services furthering community-based crime
control, housing, or education efforts in such area.
‘‘(B) As used in this paragraph—
‘‘(i) the term ‘low value real property’
means, with respect to a metropolitan statistical
area, real property that is appraised at less
than 40 percent of the median value of com-
parable real property in the metropolitan statis-
tical area;
‘‘(ii) the term ‘tax-exempt organization’
means an organization described in section
501(c)(3) of the Internal Revenue Code of
1986, and exempt from tax under section
501(a) of such Code; and
‘‘(iii) the term ‘nominal consideration’
means minimal recompense not to exceed 1.5
percent of the value of the property, and shall
not include, directly or indirectly, equitable
sharing or any other cost, expense or payment
associated with the seizure, forfeiture, care or
maintenance of the property, or with the ad-
ministration of any fund or program, other
than the costs of the sale to the extent that
such sales costs do not exceed 1.5 percent of
the value of the property.’’.
SEC. 23. ACTIONS UNDER THE TORT CLAIMS ACT.
Section 2680(c) of title 28, United States Code, is
amended by inserting before the period the following: ‘‘ex-
cept that this chapter and section 1346(b) of this title
shall apply to any claim based—
‘‘(1) on the negligent destruction, injury,
or loss of goods or merchandise (including real
property) while in the possession of any officer
of customs or excise or any other law enforce-
ment officer, or
‘‘(2) on the destruction, injury, or loss of
goods or merchandise (including real property)
caused by the misfeasance, malfeasance, or non-
feasance of any customs or excise or any other
law enforcement officer while in the possession
of such officer’’.
Æ
HR 3347 IH——2