19 U.S.C. § 1617 — Compromise of Government claims by

Page 305 TITLE 19—CUSTOMS DUTIES § 1617 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title. § 1616. Repealed. Pub. L. 99–570, title I, § 1863(b), Oct. 27, 1986, 100 Stat. 3207–54 Section, act June 17, 1930, ch. 497, title IV, § 616, as added Oct. 12, 1984, Pub. L. 98–473, title II, § 318, 98 Stat. 2055, related to disposition of forfeited property. Another section 616 of act June 17, 1930, as added by Pub. L. 98–573, title II, § 213(a)(4), Oct. 30, 1984, 98 Stat. 2987, is classified to section 1616a of this title. A prior section 616 of act June 17, 1930, ch. 497, title IV, 46 Stat. 757, related to prohibition against compro- mising Government claims and was classified to this section, prior to repeal by act June 25, 1948, ch. 645, § 24, 62 Stat. 682, eff. Sept. 1, 1948. See section 1915 of Title 18, Crimes and Criminal Procedure. § 1616a. Disposition of forfeited property (a) State proceedings The Secretary of the Treasury may dis- continue forfeiture proceedings under this chap- ter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chap- ter, 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 offi- cial; and (2) notice of the discontinuance or dismissal shall be provided to all known interested par- ties. (c) Retention or transfer of forfeited property (1) The Secretary of the Treasury may apply property forfeited under this chapter in accord- ance 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 indi- rectly 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 agree- ment between the United States and the for- eign 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 serv- ices and, pursuant to a memorandum of under- standing entered into with a Federal agency, il- legal drug traffic surveillance. Jet-powered air- craft may not be transferred to the Civil Air Pa- trol 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, § 616, as added Pub. L. 98–573, title II, § 213(a)(14), Oct. 30, 1984, 98 Stat. 2987; amended Pub. L. 99–570, title I, § 1863(a), Oct. 27, 1986, 100 Stat. 3207–54; Pub. L. 100–690, title VII, § 7366(a), Nov. 18, 1988, 102 Stat. 4478; Pub. L. 101–207, § 3(e), Dec. 7, 1989, 103 Stat. 1834; Pub. L. 103–447, title I, § 102(c), Nov. 2, 1994, 108 Stat. 4693.) Editorial Notes CODIFICATION Another section 616 of act June 17, 1930, as added by Pub. L. 98–473, title II, § 318, Oct. 12, 1984, 98 Stat. 2055, was classified to section 1616 of this title and subse- quently 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, § 3(e)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘Transfer any of the prop- erty 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, § 3(e)(2), added par. (3). 1988—Subsec. (c). Pub. L. 100–690 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The Secretary of the Treasury may transfer any property forfeited under this chapter to any other Fed- eral 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–690, title VII, § 7366(b), Nov. 18, 1988, 102 Stat. 4479, provided that: ‘‘The amendment made by subsection (a) [amending this section] applies with re- spect 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. § 1617. Compromise of Government claims by Secretary of the Treasury Upon a report by a customs officer, United States attorney, or any special attorney, having charge of any claim arising under the customs laws, showing the facts upon which such claim is Page 306 TITLE 19—CUSTOMS DUTIES § 1618 based, the probabilities of a recovery and the terms upon which the same may be com- promised, the Secretary of the Treasury is au- thorized to compromise such claim, if such ac- tion shall be recommended by the General Coun- sel for the Department of the Treasury. (June 17, 1930, ch. 497, title IV, § 617, 46 Stat. 757; May 10, 1934, ch. 277, § 512(b), 48 Stat. 759; June 25, 1948, ch. 646, § 1, 62 Stat. 869; Pub. L. 91–271, title III, § 301(gg), June 2, 1970, 84 Stat. 291.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 617, 42 Stat. 987. That section was superseded by section 617 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1970—Pub. L. 91–271 substituted reference to customs officer for reference to collector and struck out ref- erence to customs agents. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorney’’ for ‘‘district attorney’’. See section 541 of Title 28, Judiciary and Judicial Proce- dure, and Historical and Revision Note thereunder. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. TRANSFER OF FUNCTIONS Act May 10, 1934, ch. 277, § 512(b), 48 Stat. 759, abol- ished offices of General Counsel and Assistant General Counsel for Bureau of Internal Revenue, and office of Solicitor and Assistant Solicitor of the Treasury and transferred powers, duties, and functions thereof to General Counsel for Department of the Treasury. Executive Documents TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury, General Counsel of Department of the Treasury, or Department of the Treasury under this section with respect to func- tions transferred to Secretary of Commerce in sections 1303 and 1671 et seq. of this title by section 5(a)(1)(C) of Reorg. Plan No. 3 of 1979 were transferred to Secretary of Commerce pursuant to Reorg. Plan No. 3 of 1979, § 5(a)(1)(C), 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. § 1618. Remission or mitigation of penalties Whenever any person interested in any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of this chapter, or who has incurred, or is alleged to have incurred, any fine or penalty thereunder, files with the Secretary of the Treasury if under the customs laws, and with the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Pro- tection, as the case may be, if under the naviga- tion laws, before the sale of such vessel, vehicle, aircraft, merchandise, or baggage a petition for the remission or mitigation of such fine, pen- alty, or forfeiture, the Secretary of the Treas- ury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Pro- tection, if he finds that such fine, penalty, or forfeiture was incurred without willful neg- ligence or without any intention on the part of the petitioner to defraud the revenue or to vio- late the law, or finds the existence of such miti- gating circumstances as to justify the remission or mitigation of such fine, penalty, or forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just, or order discontinuance of any prosecu- tion relating thereto. In order to enable him to ascertain the facts, the Secretary of the Treas- ury may issue a commission to any customs of- ficer to take testimony upon such petition: Pro- vided, That nothing in this section shall be con- strued to deprive any person of an award of com- pensation made before the filing of such peti- tion. (June 17, 1930, ch. 497, title IV, § 618, 46 Stat. 757; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 91–271, title III, § 301(hh), June 2, 1970, 84 Stat. 291; Pub. L. 98–473, title II, § 321, Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98–573, title II, § 213(a)(16), Oct. 30, 1984, 98 Stat. 2988; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 618, 42 Stat. 987. That section was superseded by section 618 of act June 17, 1930, comprising this section, and was re- pealed by section 651(a)(1) of the 1930 act. Provisions for a petition to the judge of the district, a summary investigation before the judge or a United States Commissioner, and transmission of the facts ap- pearing thereon, with a certified copy of the evidence, to the Secretary of the Treasury, and provisions au- thorizing the Secretary to remit fines and penalties, etc., were contained in act June 22, 1874, ch. 391, §§ 17, 18, 20, 18 Stat. 189, 190, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989. AMENDMENTS 1984—Pub. L. 98–573 and Pub. L. 98–473 inserted ref- erence to aircraft in two places. 1970—Pub. L. 91–271 substituted ‘‘customs officer’’ for ‘‘customs agent, collector, judge of the United States Customs Court, or United States commissioner’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in two places in text on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities