SEC. 31. DISCOVERY PROCEDURE FOR LOCATING FOR-
FEITED ASSETS.
(a) IN GENERAL.—Section 1963(k) of title 18, Unit-
ed States Code, and section 413(m) of the Controlled Sub-
stances Act (21 U.S.C. 853(m)) are each amended by—
(1) adding the following at the end before the
period: ‘‘to the extent that the provisions of the Rule
are consistent with the purposes for which discovery
is conducted under this subsection’’; and
(2) adding the following additional sentence:
‘‘Because this subsection applies only to matters oc-
curring after the defendant has been convicted and
his property has been declared forfeited, the provi-
sions of Rule 15 requiring the consent of the defend-
ant and the presence of the defendant at the
deposition shall not apply.’’
(b) BANK RECORDS.—Section 986 of title 18, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘in rem’’; and
(2) in subsection (c), by inserting ‘‘or Criminal’’
after ‘‘Civil’’.
SEC. 32. CRIMINAL FORFEITURE FOR MONEY LAUNDERING
CONSPIRACIES.
Section 982(a)(1) of title 18, United States Code, is
amended by inserting ‘‘, or a conspiracy to commit any
such offense’’ after ‘‘of this title’’.
SEC. 33. CORRECTION TO CRIMINAL FORFEITURE PROVI-
SION FOR ALIEN SMUGGLING AND OTHER IM-
MIGRATION OFFENSES.
Section 982(a) of title 18, United States Code, as
amended by section 29(b) is amended—
(1) by redesignating the second paragraph (6)
as paragraph (7);
(2) by inserting ‘‘sections 274(a), 274A(a)(1),
or 274A(a)(2) of the Immigration and Nationality
Act of 1952 (8 U.S.C. 1324(a), 1324A(a)(1), and
1324A(a)(2)),’’ before ‘‘section 1425’’ the first time
it appears;
(3) in subparagraph (A), by striking ‘‘a viola-
tion of, or a conspiracy to violate, subsection (a)’’
and inserting ‘‘the offense of which the person is
convicted’’; and
(4) in subparagraph (B)(i) and (ii), by striking
‘‘a violation of, or a conspiracy to violate, subsection
(a)’’ through ‘‘of this title’’ and inserting ‘‘the of-
fense of which the person is convicted’’.
SEC. 34. REPATRIATION OF PROPERTY PLACED BEYOND
THE JURISDICTION OF THE COURT.
(a) ORDER OF FORFEITURE.—Section 413(p) of the
Controlled Substances Act (21 U.S.C. 853(p)) is amended
by inserting the following at the end: ‘‘In the case of prop-
erty described in paragraph (3), the court may, in addi-
tion, order the defendant to return the property to the
jurisdiction of the court so that it may be seized and for-
feited.’’.
(b) 
PRE-TRIAL
RESTRAINING
ORDER.—Section
413(e) of the Controlled Substances Act (21 U.S.C.
853(e)) is amended by adding the following after para-
graph (3):
‘‘(4) Pursuant to its authority to enter a pre-trial re-
straining order under this section, including its authority
to restrain any property forfeitable as substitute assets,
the court may also order the defendant to repatriate any
property subject to forfeiture pending trial, and to deposit
that property in the registry of the court, or with the Unit-
ed States Marshals Service or the Secretary of the Treas-
ury, in an interest-bearing account. Failure to comply with
an order under this subsection, or an order to repatriate
property under subsection (p), shall be punishable as a
civil or criminal contempt of court, and may also result
in an enhancement of the sentence for the offense giving
rise to the forfeiture under the obstruction of justice provi-
sion of section 3C1.1 of the United States Sentencing
Guidelines.’’.
SEC. 35. RIGHT OF THIRD PARTIES TO CONTEST FORFEIT-
URE OF SUBSTITUTE ASSETS.
(a) IN GENERAL.—Section 413(c) of the Controlled
Substances Act (21 U.S.C. 853(c)), is amended by—
(1) inserting the following after the first sen-
tence:
‘‘All right, title and interest in property described in sub-
section (p) of this section vests in the United States at
the time an indictment, information or bill of particulars
specifically describing the property as substitute assets is
filed.’’; and
(2) by striking ‘‘Any such property that is sub-
sequently transferred to a person other than the de-
fendant’’ and inserting ‘‘Any property that is trans-
ferred to a person other than the defendant after the
United States’ interest in the property has vested
pursuant to this subsection’’.
(b) CONFORMING AMENDMENT.—Section 413(n)(6)
of the Controlled Substances Act (21 U.S.C. 853(n)(6))
is amended by adding at the end the following sentence:
‘‘In the case of substitute assets, the petitioner must show
that his interest in the property existed at the time the
property vested in the United States pursuant to sub-
section (c), or that he subsequently acquired his interest
in the property as a bona fide purchaser for value as pro-
vided in this subsection.’’.
SEC. 36. ARCHEOLOGICAL RESOURCES PROTECTION ACT.
Section 8(b) of the Archeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470gg(b)) is amended by—
(1) inserting ‘‘all proceeds derived directly or
indirectly from such violation or any property trace-
able thereto,’’ before ‘‘and all vehicles’’ in the un-
numbered paragraph;
(2) inserting ‘‘proceeds,’’ before ‘‘vehicles’’ in
paragraph (3); and
(3) inserting the following at the end of the
subsection: ‘‘If a forfeiture count is included within
an indictment in accordance with the Federal Rules
of Criminal Procedure, and the defendant is con-
victed of the offense giving rise to the forfeiture, the
forfeiture may be ordered as part of the criminal
sentence in accordance with the procedures for
criminal forfeitures in chapter 46 of title 18, United
States Code. Otherwise, the forfeiture shall be civil
in nature in accordance with the procedures for civil
forfeiture in said chapter 46 of title 18.’’.
SEC. 37. FORFEITURE OF INSTRUMENTALITIES OF TER-
RORISM, 
TELEMARKETING 
FRAUD, 
AND
OTHER OFFENSES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code is amended by adding the follow-
ing subparagraphs:
‘‘(G)(i) Any computer, photostatic reproduction
machine, electronic communications device or other
material, article, apparatus, device or thing made,
possessed, fitted, used or intended to be used on a
continuing basis to commit a violation of sections
513, 514, 1028 through 1032, and 1341, 1343, and
1344 of this title, or a conspiracy to commit such of-
fense, and any property traceable to such property.
‘‘(ii) Any conveyance used on two or more occa-
sions to transport the instrumentalities used in the
commission of a violation of sections 1028 and 1029
of this title, or a conspiracy to commit such offense,
and any property traceable to such conveyance.
‘‘(H) Any conveyance, chemicals, laboratory
equipment, or other material, article, apparatus, de-
vice or thing made, possessed, fitted, used or in-
tended to be used to commit—
‘‘(i) an offense punishable under chapter
113B of this title (relating to terrorism);
‘‘(ii) a violation of any of the following sec-
tions of the Federal explosives laws: subsections
(a) (1) and (3), (b) through (d), and (h)(1) of
section 842, and subsections (d) through (m) of
section 844; or
‘‘(iii) any other offense enumerated in sec-
tion 2339A(a) of this title;
or a conspiracy to commit any such offense, and any
property traceable to such property.’’.
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code is amended by redesignating the
second paragraph (6) as paragraph (7) and by adding at
the end the following:
‘‘(8)(A) The court, in imposing a sentence on a per-
son convicted of a violation of sections 513, 514, 1028
through 1032, and 1341, 1343, and 1344 of this title, or
a conspiracy to commit such offense, shall order the per-
son to forfeit to the United States any computer, photo-
static reproduction machine, electronic communications
device or other material, article, apparatus, device or thing
made, possessed, fitted, used or intended to be used to
commit such offense, and any property traceable to such
property.
‘‘(B) The court, in imposing a sentence on a person
convicted of a violation of sections 1028 or 1029 of this
title, or a conspiracy to commit such offense, shall order
the person to forfeit to the United States any conveyance
used on two or more occasions to transport the instrumen-
talities used to commit such offense, and any property
traceable to such conveyance.
‘‘(9) The court, in imposing a sentence on a person
convicted of—
‘‘(A) an offense punishable under chapter 113B
of this title (relating to terrorism);
‘‘(B) a violation of any of the following sections
of the Federal explosives laws: subsections (a)(1)
and (3), (b) through (d), and (h)(1) of section 842,
and subsections (d) through (m) of section 844; or
‘‘(C) any other offense enumerated in section
2339A(a) of this title;
or a conspiracy to commit any such offense, shall order
the person to forfeit to the United States any conveyance,
chemicals, laboratory equipment, or other material, article,
apparatus, device or thing made, possessed, fitted, used
or intended to be used to commit such offense, and any
property traceable to such property.’’.
SEC. 38. FORFEITURE OF CRIMINAL PROCEEDS TRANS-
PORTED IN INTERSTATE COMMERCE.
Section 1952 of title 18, United States Code, is
amended by adding the following subsection:
‘‘(d)(1) Any proceeds distributed or intended to be
distributed in violation of subsection (a)(1) or a conspiracy
to commit such violation, or any property traceable to such
property, is subject to forfeiture to the United States in
accordance with the procedures set forth in chapter 46 of
this title.
‘‘(2) The court, in imposing sentence on a person con-
victed of an offense in violation of subsection (a)(1) or
a conspiracy to commit such offense, shall order that the
person forfeit to the United States any proceeds distrib-
uted or intended to be distributed in the commission of
such offense, or any property traceable to such property,
in accordance with the procedures set forth in section 982
of this title.’’.
SEC. 39. FORFEITURES OF PROCEEDS OF FEDERAL FOOD,
DRUG, AND COSMETIC ACT VIOLATIONS.
Chapter III of the Federal Food, Drug, and Cosmetic
Act is amended by adding at the end the following:
‘‘CIVIL FORFEITURE OF PROCEEDS OF FEDERAL FOOD,
DRUG, AND COSMETIC ACT VIOLATIONS
‘‘SEC. 311. (a) Any property, real or personal, that
constitutes, or is derived from or is traceable to the pro-
ceeds obtained directly or indirectly from a criminal viola-
tion of, or a conspiracy to commit a criminal violation of,
a provision of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301–395) shall be subject to judicial forfeiture
to the United States.
‘‘(b) The provisions of chapter 46 of title 18, United
States Code, relating to civil forfeitures shall extend to
a seizure or forfeiture under this section, insofar as appli-
cable and not inconsistent with the provisions hereof, ex-
cept that such duties as are imposed upon the Secretary
of the Treasury under chapter 46 shall be performed with
respect to seizures and forfeitures under this section by
such officers, agents, or other persons as may be author-
ized or designated for that purpose by the Secretary of
Health and Human Services.
‘‘CRIMINAL FORFEITURE OF PROCEEDS OF FEDERAL
FOOD, DRUG, AND COSMETIC ACT VIOLATIONS
‘‘SEC. 312. (a) Any person convicted of a violation
of, or a conspiracy to violate, a provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301–395) shall
forfeit to the United States, irrespective of any provision
of State law, any property constituting, or derived from,
any proceeds the person obtained, directly or indirectly,
as the result of such violation. The court, in imposing sen-
tence on such person, shall order that the person forfeit
to the United States all property described in this sub-
section.
‘‘(b) Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administra-
tive or judicial proceeding in relation thereto, shall be gov-
erned by the provisions of section 413 of the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except for subsection 413(d) which shall not
apply to forfeitures under this section.’’.
SEC. 40. FORFEITURE OF COUNTERFEIT PARAPHERNALIA.
Section 492 of title 18, United States Code, is
amended—
(1) by striking the third and fourth undesig-
nated paragraphs;
(2) by designating the remaining paragraphs as
subsections (a) and (b);
(3) by adding the following new subsections:
‘‘(c) For the purposes of this section, the provisions
of the customs laws relating to the seizure, summary and
judicial forfeiture, condemnation of property for violation
of the customs laws, the disposition of such property or
the proceeds from the sale of such property, the remission
or mitigation of such forfeitures, and the compromise of
claims (19 U.S.C. 1602 et seq.), insofar as they are appli-
cable and not inconsistent with the provisions of this sec-
tion, shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under this section, except
that the duties as are imposed upon the customs officer
or any other person with respect to the seizure and forfeit-
ure of property under the customs laws shall be performed
with respect to seizures and forfeitures of property under
this section by such officers, agents, or other persons as
may be authorized or designated for that purpose by the
Secretary of the Treasury.
‘‘(d) All seizures and civil judicial forfeitures pursu-
ant to subsection (a) shall be governed by the procedures
set forth in chapter 46 of this title pertaining to civil for-
feitures. The Attorney General shall have sole responsibil-
ity for disposing of petitions for remission or mitigation
with respect to property involved in a judicial forfeiture
proceeding.
‘‘(e) A court in sentencing a person for a violation
of this chapter or of sections 331–33, 335, 336, 642 or
1720 of this title, shall order the person to forfeit the
property described in subsection (a) in accordance with the
procedures set forth in section 982 of this title.’’; and
(4) in subsection (b), as so designated by this
section, by striking ‘‘fined not more than $100’’ and
inserting ‘‘fined under this title’’.
SEC. 41. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL
FORFEITURE THROUGH BANKRUPTCY.
Section 413(a) of the Controlled Substances Act (21
U.S.C. 853(a)) is amended by inserting ‘‘, or of any bank-
ruptcy proceeding instituted after or in contemplation of
a prosecution of such violation’’ after ‘‘shall forfeit to the
United States, irrespective of any provision of State law’’.
SEC. 42. COLLECTION OF CRIMINAL FORFEITURE JUDG-
MENT.
Section 413 of the Controlled Substances Act (21
U.S.C. 853) is amended by redesignating subsection (q)
as subsection (r) and by adding after subsection (p) the
following:
‘‘(q) In addition to the authority otherwise provided
in this section, an order of forfeiture may be enforced—
‘‘(1) in the manner provided for the collection
and payment of fines in subchapter B of chapter
229 of title 18, United States Code; or
‘‘(2) in the same manner as a judgment in a
civil action.’’.
SEC. 43. CRIMINAL FORFEITURE OF PROPERTY IN GOVERN-
MENT CUSTODY.
Section 413(f) of the Controlled Substances Act (21
U.S.C. 853(f)) is amended by adding the following at the
end: ‘‘If property subject to criminal forfeiture under this
section is already in the custody of the United States or
any agency thereof, it shall not be necessary to seize or
restrain the property for the purpose of criminal forfeit-
ure.’’.
SEC. 44. DELIVERY OF PROPERTY TO THE MARSHALS SERV-
ICE.
Section 413(j) of the Controlled Substances Act (21
U.S.C. 853(j)) is amended by inserting ‘‘, and Rule C(5)
of the Supplemental Rules for Certain Admiralty and Mar-
itime Claims,’’ before ‘‘shall apply to a criminal forfeit-
ure’’.
SEC. 45. FORFEITURE FOR ODOMETER TAMPERING OF-
FENSES.
(a) CRIMINAL FORFEITURE.—Section 982(a)(5) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(D);
(2) by inserting ‘‘or’’ after the semicolon at the
end of subparagraph (E);
(3) by inserting the following after subpara-
graph (E), as amended:
‘‘(F) section 32703 of title 49, United States
Code (motor vehicle odometer tampering);’’; and
(4) by adding the following after the last pe-
riod: ‘‘If the conviction was for a violation described
in subparagraph (F), the court shall also order the
forfeiture of any vehicles or other property involved
in the commission of the offense.’’.
(b) CIVIL FORFEITURE.—Section 981(a)(1)(F) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (iv);
(2) by striking the period at the end of clause
(v) and inserting ‘‘; or’’;
(3) by inserting the following after clause (v),
as amended:
‘‘(vi) section 32703 of title 49, United
States Code (motor vehicle odometer tamper-
ing).’’; and
(4) by adding the following after the last pe-
riod: ‘‘In the case of a violation described in clause
(vi), any vehicles or other property involved in the
commission of the offense shall also be subject to
forfeiture.’’
SEC. 46. PRE-TRIAL RESTRAINT OF SUBSTITUTE ASSETS.
Section 413(e)(1) of the Controlled Substances Act
(21 U.S.C. 853(e)(1)) is amended—
(1) by striking ‘‘(a)’’ and inserting ‘‘(a) or (p)’’;
and
(2) by adding at the end the following:
‘‘To the extent that property forfeitable only pursuant to
subsection (p) is restrained under this paragraph, the
court shall afford the defendant a prompt post-restraint
hearing and shall exempt from such restraint such prop-
erty as may reasonably be needed by the defendant to pay
attorney’s fees, other necessary cost-of-living expenses,
and expenses of maintaining restrained assets pending the
entry of judgment in the criminal case.’’.
SEC. 47. HEARINGS ON PRE-TRIAL RESTRAINING ORDERS;
ASSETS NEEDED TO PAY ATTORNEY’S FEES.
Section 413(e) of the Controlled Substances Act (21
U.S.C. 853(e)) is amended by adding the following new
paragraph:
‘‘(5)(A) When property is restrained pre-trial
subject to paragraph (1)(A), the court may, at the
request of the defendant, hold a pre-trial hearing to
determine whether the restraining order should be
vacated or modified with respect to some or all of
the restrained property because—
‘‘(i) it restrains property that would not be
subject to forfeiture even if all of the facts set
forth in the indictment were established as true;
‘‘(ii) it causes a substantial hardship to the
moving party and less intrusive means exist to
preserve the subject property for forfeiture; or
‘‘(iii) the defendant establishes that he or
she has no assets, other than the restrained
property, available to exercise his or her con-
stitutional right to retain counsel, and there is
no probable cause to believe that the restrained
property is subject to forfeiture.
‘‘(B) In any hearing under this paragraph
where probable cause is at issue, the court shall
limit its inquiry to the existence of probable cause
for the forfeiture, and shall neither entertain chal-
lenges to the validity of the indictment, nor require
the Government to produce additional evidence re-
garding the facts of the case to support the grand
jury’s finding of probable cause regarding the crimi-
nal offense giving rise to the forfeiture. In all cases,
the party requesting the modification of the restrain-
ing order shall bear the burden of proof.’’.
Æ