604 
‘‘(2) ENHANCED PENALTY FOR AGGRAVATED CASES.— 
Whoever violates this section while violating another law of 
the United States or as part of a pattern of any illegal ac-
tivity involving more than $100,000 in a 12-month period 
shall be imprisoned for not more than 10 years. 
‘‘§ 1454. Bulk cash smuggling into or out of the 
United States 
‘‘(a) CRIMINAL OFFENSE.— 
‘‘(1) IN GENERAL.—Whoever, with the intent to evade a 
currency reporting requirement under section 5316 of title 
31, knowingly conceals more than $10,000 in currency or 
other monetary instruments on the person of such indi-
vidual or in any conveyance, article of luggage, merchan-
dise, or other container, and transports or transfers or at-
tempts to transport or transfer such currency or monetary 
instruments from a place within the United States to a 
place outside of the United States, or from a place outside 
the United States to a place within the United States, shall 
be guilty of a currency smuggling offense and subject to 
punishment pursuant to subsection (b). 
‘‘(2) CONCEALMENT ON PERSON.—For purposes of this 
section, the concealment of currency on the person of any 
individual includes concealment in any article of clothing 
worn by the individual or in any luggage, backpack, or 
other container worn or carried by such individual. 
‘‘(b) PENALTY.— 
‘‘(1) TERM OF IMPRISONMENT.—A person convicted of a 
currency smuggling offense under subsection (a), or a con-
spiracy to commit such offense, shall be imprisoned for not 
more than 5 years. 
‘‘(2) FORFEITURE.—In addition, the court, in imposing 
sentence under paragraph (1), shall order that the defend-
ant forfeit to the United States, any property, real or per-
sonal, involved in the offense, and any property traceable 
to such property, subject to subsection (c) of this section. 
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‘‘(3) PROCEDURE.—The seizure, restraint, and forfeiture 
of property under this section shall be governed by section 
413 of the Controlled Substances Act. 
‘‘(4) PERSONAL
MONEY
JUDGMENT.—If the property 
subject to forfeiture under paragraph (2) is unavailable, 
and the defendant has insufficient substitute property that 
may be forfeited under section 2561, the court shall enter 
a personal money judgment against the defendant for the 
amount that would be subject to forfeiture. 
‘‘(c) CIVIL FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property involved in a violation 
of subsection (a), or a conspiracy to commit such violation, 
and any property traceable to such violation or conspiracy, 
may be seized and forfeited to the United States. 
‘‘(2) TREATMENT OF CERTAIN PROPERTY AS INVOLVED 
IN THE OFFENSE.—For purposes of this subsection and 
subsection (b), any currency or other monetary instrument 
that is concealed or intended to be concealed in violation 
of subsection (a), any article, container, or conveyance 
used, or intended to be used, to conceal or transport the 
currency or other monetary instrument, and any other 
property used, or intended to be used, to facilitate the of-
fense, shall be considered property involved in the offense. 
‘‘CHAPTER 37—PRIVACY 
‘‘Subchapter 
Sec. 
‘‘A. Privacy ....................................................................................
1481 
‘‘B. Wire and electronic communications interception 
and interception of oral communications ......
1491 
‘‘C. Stored wire and electronic communications and 
transactional records access ...............................
1521 
‘‘D. Prohibition on release and use of certain per-
sonal information from State motor vehicle 
records .........................................................................
1541 
‘‘E. Identity theft .........................................................................
1551 
‘‘SUBCHAPTER A—PRIVACY 
‘‘Sec. 
‘‘1481.
Video voyeurism. 
‘‘§ 1481. Video voyeurism 
‘‘(a) OFFENSE.—Whoever, in the special maritime and terri-
torial jurisdiction of the United States, has the intent to cap-
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ture an image of a private area of an individual without their 
consent, and knowingly does so under circumstances in which 
the individual has a reasonable expectation of privacy, shall be 
imprisoned not more than one year. 
‘‘(b) DEFINITIONS FOR SECTION.—As used in this section— 
‘‘(1) the term ‘capture’, with respect to an image, means 
to videotape, photograph, film, record by any means, or 
broadcast; 
‘‘(2) the term ‘broadcast’ means to electronically trans-
mit a visual image with the intent that it be viewed by a 
person or persons; 
‘‘(3) the term ‘a private area of the individual’ means the 
naked or undergarment clad genitals, pubic area, buttocks, 
or female breast of that individual; 
‘‘(4) the term ‘female breast’ means any portion of the 
female breast below the top of the areola; and 
‘‘(5) the term ‘under circumstances in which that indi-
vidual has a reasonable expectation of privacy’ means— 
‘‘(A) circumstances in which a reasonable person 
would believe that he or she could disrobe in privacy, 
without being concerned that an image of a private 
area of the individual was being captured; or 
‘‘(B) circumstances in which a reasonable person 
would believe that a private area of the individual 
would not be visible to the public, regardless of whether 
that person is in a public or private place. 
‘‘(c) EXCLUSION.—This section does not prohibit any lawful 
law enforcement, correctional, or intelligence activity. 
‘‘SUBCHAPTER B—WIRE AND ELECTRONIC COMMU-
NICATIONS INTERCEPTION AND INTERCEPTION 
OF ORAL COMMUNICATIONS 
‘‘Sec. 
‘‘1491.
Definitions. 
‘‘1492.
Interception and disclosure of wire, oral, or electronic communica-
tions prohibited. 
‘‘1493.
Manufacture, distribution, possession, and advertising of wire, oral, 
or electronic communication intercepting devices prohibited. 
‘‘1494.
Confiscation of wire, oral, or electronic communication intercepting 
devices. 
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‘‘§ 1491. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘wire communication’ means any aural 
transfer made in whole or in part through the use of facili-
ties for the transmission of communications by the aid of 
wire, cable, or other like connection between the point of 
origin and the point of reception (including the use of such 
connection in a switching station) furnished or operated by 
any person engaged in providing or operating such facilities 
for the transmission of interstate or foreign communica-
tions or communications affecting interstate or foreign 
commerce; 
‘‘(2) the term ‘oral communication’ means any oral com-
munication uttered by a person exhibiting an expectation 
that such communication is not subject to interception 
under circumstances justifying such expectation, but such 
term does not include any electronic communication; 
‘‘(3) the term ‘intercept’ means the aural or other acqui-
sition of the contents of any wire, electronic, or oral com-
munication through the use of any electronic, mechanical, 
or other device; 
‘‘(4) the term ‘electronic, mechanical, or other device’ 
means any device or apparatus which can be used to inter-
cept a wire, oral, or electronic communication other than— 
‘‘(A) any telephone or telegraph instrument, equip-
ment or facility, or any component thereof, (i) fur-
nished to the subscriber or user by a provider of wire 
or electronic communication service in the ordinary 
course of its business and being used by the subscriber 
or user in the ordinary course of its business or fur-
nished by such subscriber or user for connection to the 
facilities of such service and used in the ordinary 
course of its business; or (ii) being used by a provider 
of wire or electronic communication service in the ordi-
nary course of its business, or by an investigative or 
law enforcement officer in the ordinary course of his 
duties; 
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‘‘(B) a hearing aid or similar device being used to 
correct subnormal hearing to not better than normal; 
‘‘(5) the term ‘Investigative or law enforcement officer’ 
means any officer of the United States or of a State or po-
litical subdivision thereof, who is empowered by law to con-
duct investigations of or to make arrests for offenses enu-
merated in this chapter, and any attorney authorized by 
law to prosecute or participate in the prosecution of such 
offenses; 
‘‘(6) the term ‘contents’, when used with respect to any 
wire, oral, or electronic communication, includes any infor-
mation concerning the substance, purport, or meaning of 
that communication; 
‘‘(7) the term ‘Judge of competent jurisdiction’ means— 
‘‘(A) a judge of a United States district court or a 
United States court of appeals; and 
‘‘(B) a judge of any court of general criminal juris-
diction of a State who is authorized by a statute of that 
State to enter orders authorizing interceptions of wire, 
oral, or electronic communications; 
‘‘(8) the term ‘communication common carrier’ has the 
meaning given that term in section 3 of the Communica-
tions Act of 1934; 
‘‘(9) the term ‘aggrieved person’ means a person who 
was a party to any intercepted wire, oral, or electronic com-
munication or a person against whom the interception was 
directed; 
‘‘(10) the term ‘electronic communication’ means any 
transfer of signs, signals, writing, images, sounds, data, or 
intelligence of any nature transmitted in whole or in part 
by a wire, radio, electromagnetic, photoelectronic or 
photooptical system that affects interstate or foreign com-
merce, but does not include— 
‘‘(A) any wire or oral communication; 
‘‘(B) any communication made through a tone-only 
paging device; 
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‘‘(C) any communication from a tracking device (as 
defined in section 3117 of this title); or 
‘‘(D) electronic funds transfer information stored by 
a financial institution in a communications system used 
for the electronic storage and transfer of funds; 
‘‘(11) the term ‘user’ means any person or entity who— 
‘‘(A) uses an electronic communication service; and 
‘‘(B) is duly authorized by the provider of such serv-
ice to engage in such use; 
‘‘(12) the term ‘electronic communications system’ 
means any wire, radio, electromagnetic, photooptical or 
photoelectronic facilities for the transmission of wire or 
electronic communications, and any computer facilities or 
related electronic equipment for the electronic storage of 
such communications; 
‘‘(13) the term ‘electronic communication service’ means 
any service which provides to users thereof the ability to 
send or receive wire or electronic communications; 
‘‘(14) the term ‘readily accessible to the general public’ 
means, with respect to a radio communication, that such 
communication is not— 
‘‘(A) scrambled or encrypted; 
‘‘(B) transmitted using modulation techniques whose 
essential parameters have been withheld from the pub-
lic with the intention of preserving the privacy of such 
communication; 
‘‘(C) carried on a subcarrier or other signal sub-
sidiary to a radio transmission; 
‘‘(D) transmitted over a communication system pro-
vided by a common carrier, unless the communication 
is a tone only paging system communication; or 
‘‘(E) transmitted on frequencies allocated under part 
25, subpart D, E, or F of part 74, or part 94 of the 
Rules of the Federal Communications Commission, un-
less, in the case of a communication transmitted on a 
frequency allocated under part 74 that is not exclu-
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sively allocated to broadcast auxiliary services, the com-
munication is a two-way voice communication by radio; 
‘‘(15) the term ‘electronic storage’ means— 
‘‘(A) any temporary, intermediate storage of a wire 
or electronic communication incidental to the electronic 
transmission thereof; and 
‘‘(B) any storage of such communication by an elec-
tronic communication service for purposes of backup 
protection of such communication; 
‘‘(16) the term ‘aural transfer’ means a transfer con-
taining the human voice at any point between and includ-
ing the point of origin and the point of reception; 
‘‘(17) the term ‘foreign intelligence information’, for pur-
poses of section 3119B(f), means— 
‘‘(A) information, whether or not concerning a 
United States person, that relates to the ability of the 
United States to protect against— 
‘‘(i) actual or potential attack or other grave hos-
tile acts of a foreign power or an agent of a foreign 
power; 
‘‘(ii) sabotage or international terrorism by a for-
eign power or an agent of a foreign power; or 
‘‘(iii) clandestine intelligence activities by an in-
telligence service or network of a foreign power or 
by an agent of a foreign power; or 
‘‘(B) information, whether or not concerning a 
United States person, with respect to a foreign power 
or foreign territory that relates to— 
‘‘(i) the national defense or the security of the 
United States; or 
‘‘(ii) the conduct of the foreign affairs of the 
United States; 
‘‘(18) the term ‘protected computer’ has the meaning set 
forth in section 1030; and 
‘‘(19) the term ‘computer trespasser’— 
‘‘(A) means a person who accesses a protected com-
puter without authorization and thus has no reasonable 
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expectation of privacy in any communication trans-
mitted to, through, or from the protected computer; 
and 
‘‘(B) does not include a person known by the owner 
or operator of the protected computer to have an exist-
ing contractual relationship with the owner or operator 
of the protected computer for access to all or part of 
the protected computer. 
‘‘§ 1492. Interception and disclosure of wire, oral, 
or electronic communications prohibited 
‘‘(a) OFFENSE.—Except as otherwise specifically provided in 
this subchapter whoever— 
‘‘(1) intentionally intercepts, endeavors to intercept, or 
procures any other person to intercept or endeavor to inter-
cept, any wire, oral, or electronic communication; 
‘‘(2) intentionally uses, endeavors to use, or procures any 
other person to use or endeavor to use any electronic, me-
chanical, or other device to intercept any oral communica-
tion when— 
‘‘(A) such device is affixed to, or otherwise transmits 
a signal through, a wire, cable, or other like connection 
used in wire communication; 
‘‘(B) such device transmits communications by radio, 
or interferes with the transmission of such communica-
tion; 
‘‘(C) such person knows, or has reason to know, that 
such device or any component thereof has been sent 
through the mail or transported in interstate or foreign 
commerce; 
‘‘(D) such use or endeavor to use (i) takes place on 
the premises of any business or other commercial es-
tablishment the operations of which affect interstate or 
foreign commerce; or (ii) obtains or is for the purpose 
of obtaining information relating to the operations of 
any business or other commercial establishment the op-
erations of which affect interstate or foreign commerce; 
or 
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‘‘(E) such person acts in the District of Columbia, 
the Commonwealth of Puerto Rico, or any territory or 
possession of the United States; 
‘‘(3) intentionally discloses, or endeavors to disclose, to 
any other person the contents of any wire, oral, or elec-
tronic communication, knowing or having reason to know 
that the information was obtained through the interception 
of a wire, oral, or electronic communication in violation of 
this subsection; 
‘‘(4) intentionally uses, or endeavors to use, the contents 
of any wire, oral, or electronic communication, knowing or 
having reason to know that the information was obtained 
through the interception of a wire, oral, or electronic com-
munication in violation of this subsection; or 
‘‘(5)(A) intentionally discloses, or endeavors to disclose, 
to any other person the contents of any wire, oral, or elec-
tronic communication, intercepted by means authorized by 
sections 
1492(b)(1)(B), 
1492(b)(2)–(3), 
1492(b)(5), 
3119A, and 3119C8; 
‘‘(B) knowing or having reason to know that the infor-
mation was obtained through the interception of such a 
communication in connection with a criminal investigation; 
‘‘(C) having obtained or received the information in con-
nection with a criminal investigation; and 
‘‘(D) with intent to improperly obstruct, impede, or 
interfere with a duly authorized criminal investigation, 
shall be punished as provided in subsection (d) or shall be sub-
ject to suit as provided in subsection (5). 
‘‘(b) EXCLUSIONS.—(1)(A) It shall not be unlawful under 
this subchapter for an operator of a switchboard, or an officer, 
employee, or agent of a provider of wire or electronic commu-
nication service, whose facilities are used in the transmission of 
a wire or electronic communication, to intercept, disclose, or 
use that communication in the normal course of his employ-
ment while engaged in any activity which is a necessary inci-
dent to the rendition of his service or to the protection of the 
rights or property of the provider of that service, except that 
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a provider of wire communication service to the public shall not 
utilize service observing or random monitoring except for me-
chanical or service quality control checks. 
‘‘(B) Notwithstanding any other law, providers of wire or 
electronic communication service, their officers, employees, and 
agents, landlords, custodians, or other persons, are authorized 
to provide information, facilities, or technical assistance to per-
sons authorized by law to intercept wire, oral, or electronic 
communications or to conduct electronic surveillance, as defined 
in section 101 of the Foreign Intelligence Surveillance Act of 
1978, if such provider, its officers, employees, or agents, land-
lord, custodian, or other specified person, has been provided 
with— 
‘‘(i) a court order directing such assistance or a court 
order pursuant to section 704 of the Foreign Intelligence 
Surveillance Act of 1978 signed by the authorizing judge, 
or 
‘‘(ii) a certification in writing by a person specified in 
section 2518(7) of this title or the Attorney General of the 
United States that no warrant or court order is required 
by law, that all statutory requirements have been met, and 
that the specified assistance is required, 
setting forth the period of time during which the provision of 
the information, facilities, or technical assistance is authorized 
and specifying the information, facilities, or technical assistance 
required. No provider of wire or electronic communication serv-
ice, officer, employee, or agent thereof, or landlord, custodian, 
or other specified person shall disclose the existence of any 
interception or surveillance or the device used to accomplish the 
interception or surveillance with respect to which the person 
has been furnished a court order or certification under this 
subchapter, except as may otherwise be required by legal proc-
ess and then only after prior notification to the Attorney Gen-
eral or to the principal prosecuting attorney of a State or any 
political subdivision of a State, as may be appropriate. Any 
such disclosure, shall render such person liable for the civil 
damages provided for in section 2520. No cause of action shall 
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lie in any court against any provider of wire or electronic com-
munication service, its officers, employees, or agents, landlord, 
custodian, or other specified person for providing information, 
facilities, or assistance in accordance with the terms of a court 
order, statutory authorization, or certification under this sub-
chapter. 
‘‘(C) If a certification under subparagraph (B)(ii) for assist-
ance to obtain foreign intelligence information is based on stat-
utory authority, the certification shall identify the specific 
statory provision and shall certify that the statutory require-
ments have been met. 
‘‘(2) It shall not be unlawful under this subchapter for an 
officer, employee, or agent of the Federal Communications 
Commission, in the normal course of his employment and in 
discharge of the monitoring responsibilities exercised by the 
Commission in the enforcement of chapter 5 of title 47 of the 
United States Code, to intercept a wire or electronic commu-
nication, or oral communication transmitted by radio, or to dis-
close or use the information thereby obtained. 
‘‘(3) It shall not be unlawful under this subchapter for a per-
son acting under color of law to intercept a wire, oral, or elec-
tronic communication, where such person is a party to the com-
munication or one of the parties to the communication has 
given prior consent to such interception. 
‘‘(4) It shall not be unlawful under this subchapter for a per-
son not acting under color of law to intercept a wire, oral, or 
electronic communication where such person is a party to the 
communication or where one of the parties to the communica-
tion has given prior consent to such interception unless such 
communication is intercepted for the purpose of committing 
any criminal or tortious act in violation of the Constitution or 
laws of the United States or of any State. 
‘‘(5) Notwithstanding any other provision of this title or sec-
tion 705 or 706 of the Communications Act of 1934, it shall 
not be unlawful for an officer, employee, or agent of the United 
States in the normal course of his official duty to conduct elec-
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tronic surveillance, as defined in section 101 of the Foreign In-
telligence Surveillance Act of 1978, as authorized by that Act. 
‘‘(6) Nothing contained in this subchapter or subchapter C, 
chapter 206B, or section 705 of the Communications Act of 
1934, shall be deemed to affect the acquisition by the United 
States Government of foreign intelligence information from 
international or foreign communications, or foreign intelligence 
activities conducted in accordance with otherwise applicable 
Federal law involving a foreign electronic communications sys-
tem, utilizing a means other than electronic surveillance as de-
fined in section 101 of the Foreign Intelligence Surveillance 
Act of 1978, and procedures in this subchapter or subchapter 
C, chapter 206B of this title, or section 705 of the Communica-
tions Act of 1934 and the Foreign Intelligence Surveillance Act 
of 1978 shall be the exclusive means by which electronic sur-
veillance, as defined in section 101 of such Act, and the inter-
ception of domestic wire, oral, and electronic communications 
may be conducted. 
‘‘(7) It shall not be unlawful under this subchapter or sub-
chapter C for any person— 
‘‘(A) to intercept or access an electronic communication 
made through an electronic communication system that is 
configured so that such electronic communication is readily 
accessible to the general public; 
‘‘(B) to intercept any radio communication which is 
transmitted— 
‘‘(i) by any station for the use of the general public, 
or that relates to ships, aircraft, vehicles, or persons in 
distress; 
‘‘(ii) by any governmental, law enforcement, civil de-
fense, private land mobile, or public safety communica-
tions system, including police and fire, readily acces-
sible to the general public; 
‘‘(iii) by a station operating on an authorized fre-
quency within the bands allocated to the amateur, citi-
zens band, or general mobile radio services; or 
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‘‘(iv) by any marine or aeronautical communications 
system; 
‘‘(C) to engage in any conduct which— 
‘‘(i) is prohibited by section 633 of the Communica-
tions Act of 1934; or 
‘‘(ii) is excepted from the application of section 
705(a) of the Communications Act of 1934 by section 
705(b) of that Act; 
‘‘(iii) to intercept any wire or electronic communica-
tion the transmission of which is causing harmful inter-
ference to any lawfully operating station or consumer 
electronic equipment, to the extent necessary to identify 
the source of such interference; or 
‘‘(iv) for other users of the same frequency to inter-
cept any radio communication made through a system 
that utilizes frequencies monitored by individuals en-
gaged in the provision or the use of such system, if 
such communication is not scrambled or encrypted. 
‘‘(8) It shall not be unlawful under this subchapter— 
‘‘(A) to use a pen register or a trap and trace device (as 
those terms are defined for the purposes of chapter 206 
(relating to pen registers and trap and trace devices) of 
this title); or 
‘‘(B) for a provider of electronic communication service 
to record the fact that a wire or electronic communication 
was initiated or completed in order to protect such pro-
vider, another provider furnishing service toward the com-
pletion of the wire or electronic communication, or a user 
of that service, from fraudulent, unlawful or abusive use of 
such service. 
‘‘(9) It shall not be unlawful under this subchapter for a per-
son acting under color of law to intercept the wire or electronic 
communications of a computer trespasser transmitted to, 
through, or from the protected computer, if— 
‘‘(A) the owner or operator of the protected computer 
authorizes the interception of the computer trespasser’s 
communications on the protected computer; 
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‘‘(B) the person acting under color of law is lawfully en-
gaged in an investigation; 
‘‘(C) the person acting under color of law has reasonable 
grounds to believe that the contents of the computer tres-
passer’s communications will be relevant to the investiga-
tion; and 
‘‘(D) such interception does not acquire communications 
other than those transmitted to or from the computer tres-
passer. 
‘‘(c) CONTENTS IN TRANSMISSION.—(1) Except as provided 
in paragraph (b) of this subsection, a person or entity pro-
viding an electronic communication service to the public shall 
not intentionally divulge the contents of any communication 
(other than one to such person or entity, or an agent thereof) 
while in transmission on that service to any person or entity 
other than an addressee or intended recipient of such commu-
nication or an agent of such addressee or intended recipient. 
‘‘(2) A person or entity providing electronic communication 
service to the public may divulge the contents of any such com-
munication— 
‘‘(A) as otherwise authorized in section 2511(2)(a) or 
2517 of this title; 
‘‘(B) with the lawful consent of the originator or any ad-
dressee or intended recipient of such communication; 
‘‘(C) to a person employed or authorized, or whose facili-
ties are used, to forward such communication to its des-
tination; or 
‘‘(D) which were inadvertently obtained by the service 
provider and which appear to pertain to the commission of 
a crime, if such divulgence is made to a law enforcement 
agency. 
‘‘(d) PUNISHMENT.—(1) Except as provided in paragraph 
(b) of this subsection or in subsection (5), whoever violates sub-
section (1) of this section shall be imprisoned not more than 
five years. 
‘‘(2) Conduct otherwise an offense under this subsection that 
consists of or relates to the interception of a satellite trans-
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mission that is not encrypted or scrambled and that is trans-
mitted— 
‘‘(A) to a broadcasting station for purposes of retrans-
mission to the general public; or 
‘‘(B) as an audio subcarrier intended for redistribution 
to facilities open to the public, but not including data 
transmissions or telephone calls, 
is not an offense under this subsection unless the conduct is 
for the purposes of direct or indirect commercial advantage or 
private financial gain. 
‘‘(e) CERTAIN COMMUNICATIONS.—(1)(A) If the communica-
tion is— 
‘‘(i) a private satellite video communication that is 
not scrambled or encrypted and the conduct in violation 
of this subchapter is the private viewing of that com-
munication and is not for a tortious or illegal purpose 
or for purposes of direct or indirect commercial advan-
tage or private commercial gain; or 
‘‘(ii) a radio communication that is transmitted on 
frequencies allocated under subpart D of part 74 of the 
rules of the Federal Communications Commission that 
is not scrambled or encrypted and the conduct in viola-
tion of this subchapter is not for a tortious or illegal 
purpose or for purposes of direct or indirect commercial 
advantage or private commercial gain, 
then the person who engages in such conduct shall be subject 
to suit by the Federal Government in a court of competent ju-
risdiction. 
‘‘(B) In an action under this subsection— 
‘‘(i) if the violation of this subchapter is a first offense 
for the person under paragraph (a) of subsection (4) and 
such person has not been found liable in a civil action 
under section 2520 of this title, the Federal Government 
shall be entitled to appropriate injunctive relief; and 
‘‘(ii) if the violation of this subchapter is a second or 
subsequent offense under paragraph (a) of subsection (4) 
or such person has been found liable in any prior civil ac-
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tion under section 2520, the person shall be subject to a 
mandatory $500 civil fine. 
‘‘(2) The court may use any means within its authority to 
enforce an injunction issued under paragraph (ii)(A), and shall 
impose a civil fine of not less than $500 for each violation of 
such an injunction. 
‘‘§ 1493. Manufacture, 
distribution, 
possession, 
and advertising of wire, oral, or electronic 
communication intercepting devices pro-
hibited 
‘‘(a) OFFENSE.—Except as otherwise specifically provided in 
this subchapter, whoever intentionally— 
‘‘(1) sends through the mail, or sends or carries in inter-
state or foreign commerce, any electronic, mechanical, or 
other device, knowing or having reason to know that the 
design of such device renders it primarily useful for the 
purpose of the surreptitious interception of wire, oral, or 
electronic communications; 
‘‘(2) manufactures, assembles, possesses, or sells any 
electronic, mechanical, or other device, knowing or having 
reason to know that the design of such device renders it 
primarily useful for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications, and 
that such device or any component thereof has been or will 
be sent through the mail or transported in interstate or 
foreign commerce; or 
‘‘(3) places in any newspaper, magazine, handbill, or 
other publication or disseminates by electronic means any 
advertisement of— 
‘‘(A) any electronic, mechanical, or other device 
knowing or having reason to know that the design of 
such device renders it primarily useful for the purpose 
of the surreptitious interception of wire, oral, or elec-
tronic communications; or 
‘‘(B) any other electronic, mechanical, or other de-
vice, where such advertisement promotes the use of 
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such device for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications, 
knowing the content of the advertisement and knowing or 
having reason to know that such advertisement will be sent 
through the mail or transported in interstate or foreign 
commerce, 
shall be imprisoned not more than five years. 
‘‘(b) EXCLUSION.—It shall not be unlawful under this sec-
tion for— 
‘‘(1) a provider of wire or electronic communication serv-
ice or an officer, agent, or employee of, or a person under 
contract with, such a provider, in the normal course of the 
business of providing that wire or electronic communication 
service, or 
‘‘(2) an officer, agent, or employee of, or a person under 
contract with, the United States, a State, or a political sub-
division thereof, in the normal course of the activities of the 
United States, a State, or a political subdivision thereof, 
to send through the mail, send or carry in interstate or foreign 
commerce, or manufacture, assemble, possess, or sell any elec-
tronic, mechanical, or other device knowing or having reason to 
know that the design of such device renders it primarily useful 
for the purpose of the surreptitious interception of wire, oral, 
or electronic communications. 
‘‘(c) ADDITIONAL EXCLUSION.—It shall not be unlawful 
under this section to advertise for sale a device described in 
subsection (a) of this section if the advertisement is mailed, 
sent, or carried in interstate or foreign commerce solely to a 
domestic provider of wire or electronic communication service 
or to an agency of the United States, a State, or a political 
subdivision thereof which is duly authorized to use such device. 
‘‘§ 1494. Confiscation of wire, oral, or electronic 
communication intercepting devices 
‘‘Any electronic, mechanical, or other device used, sent, car-
ried, manufactured, assembled, possessed, sold, or advertised in 
violation of section 1492 or section 1493 may be seized and 
forfeited to the United States. All provisions of law relating to 
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(1) the seizure, summary and judicial forfeiture, and con-
demnation of vessels, vehicles, merchandise, and baggage for 
violations of the customs laws contained in title 19 of the 
United States Code, (2) the disposition of such vessels, vehicles, 
merchandise, and baggage or the proceeds from the sale there-
of, (3) the remission or mitigation of such forfeiture, (4) the 
compromise of claims, and (5) the award of compensation to 
informers in respect of such forfeitures, shall apply to seizures 
and forfeitures incurred, or alleged to have been incurred, 
under the provisions of this section, insofar as applicable and 
not inconsistent with the provisions of this section; except that 
such duties as are imposed upon the collector of customs or any 
other person with respect to the seizure and forfeiture of ves-
sels, vehicles, merchandise, and baggage under the provisions of 
the customs laws contained in title 19 of the United States 
Code shall be performed with respect to seizure and forfeiture 
of electronic, mechanical, or other intercepting devices under 
this section by such officers, agents, or other persons as may 
be authorized or designated for that purpose by the Attorney 
General. 
‘‘SUBCHAPTER C—STORED WIRE AND ELECTRONIC 
COMMUNICATIONS 
AND 
TRANSACTIONAL 
RECORDS ACCESS 
‘‘Sec. 
‘‘1521.
Unlawful access to stored communications. 
‘‘§1521. Unlawful access to stored communications 
‘‘(a) OFFENSE.—Except as provided in subsection (c) of this 
section whoever— 
‘‘(1) intentionally accesses without authorization a facil-
ity through which an electronic communication service is 
provided; or 
‘‘(2) intentionally exceeds an authorization to access that 
facility; 
and thereby obtains, alters, or prevents authorized access to a 
wire or electronic communication while it is in electronic stor-
age in such system shall be punished as provided in subsection 
(b) of this section. 
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‘‘(b) PUNISHMENT.—The punishment for an offense under 
subsection (a) of this section is— 
‘‘(1) if the offense is committed for purposes of commer-
cial advantage, malicious destruction or damage, or private 
commercial gain, or in furtherance of any criminal or 
tortious act in violation of the Constitution or laws of the 
United States or any State— 
‘‘(A) a fine under this title or imprisonment for not 
more than 5 years, or both, in the case of a first of-
fense under this subparagraph; and 
‘‘(B) a fine under this title or imprisonment for not 
more than 10 years, or both, for any subsequent of-
fense under this subparagraph; and 
‘‘(2) in any other case— 
‘‘(A) a fine under this title or imprisonment for not 
more than 1 year or both, in the case of a first offense 
under this paragraph; and 
‘‘(B) a fine under this title or imprisonment for not 
more than 5 years, or both, in the case of an offense 
under this subparagraph that occurs after a conviction 
of another offense under this section. 
‘‘(c) EXCEPTIONS.—Subsection (a) of this section does not 
apply with respect to conduct authorized— 
‘‘(1) by the person or entity providing a wire or elec-
tronic communications service; 
‘‘(2) by a user of that service with respect to a commu-
nication of or intended for that user; or 
‘‘(3) in section 3120A, 3120B, or 3119C. 
‘‘§ 1522. Definitions 
‘‘A term that is defined by chapter 206B has the same 
meaning when used in this subchapter. 
‘‘SUBCHAPTER D—PROHIBITION ON RELEASE AND 
USE OF CERTAIN PERSONAL INFORMATION FROM 
STATE MOTOR VEHICLE RECORDS 
‘‘Sec. 
‘‘1541.
Prohibition on release and use of certain personal information 
from State motor vehicle records. 
‘‘1542.
Additional unlawful acts. 
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‘‘1543.
Penalties. 
‘‘1544.
Civil action. 
‘‘1545.
Definitions. 
‘‘§ 1541. Prohibition on release and use of certain 
personal information from State motor ve-
hicle records 
‘‘(a) IN GENERAL.—A State department of motor vehicles, 
and any officer, employee, or contractor thereof, shall not 
knowingly disclose or otherwise make available to any person 
or entity— 
‘‘(1) personal information about any individual obtained 
by the department in connection with a motor vehicle 
record, except as provided in subsection (b) of this section; 
or 
‘‘(2) highly restricted personal information about any in-
dividual obtained by the department in connection with a 
motor vehicle record, without the express consent of the 
person to whom such information applies, except uses per-
mitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9), but 
this paragraph does not in any way affect the use of organ 
donation information on an individual’s driver’s license or 
affect the administration of organ donation initiatives in 
the States. 
‘‘(b) PERMISSIBLE USES.—Personal information referred to 
in subsection (a) shall be disclosed for use in connection with 
matters of motor vehicle or driver safety and theft, motor vehi-
cle emissions, motor vehicle product alterations, recalls, or 
advisories, performance monitoring of motor vehicles and deal-
ers by motor vehicle manufacturers, and removal of non-owner 
records from the original owner records of motor vehicle manu-
facturers to carry out the purposes of titles I and IV of the 
Anti Car Theft Act of 1992, the Automobile Information Dis-
closure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 
U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of 
title 49, and, subject to subsection (a)(2), may be disclosed as 
follows: 
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‘‘(1) For use by any government agency, including any 
court or law enforcement agency, in carrying out its func-
tions, or any private person or entity acting on behalf of 
a Federal, State, or local agency in carrying out its func-
tions. 
‘‘(2) For use in connection with matters of motor vehicle 
or driver safety and theft; motor vehicle emissions; motor 
vehicle product alterations, recalls, or advisories; perform-
ance monitoring of motor vehicles, motor vehicle parts and 
dealers; motor vehicle market research activities, including 
survey research; and removal of non-owner records from 
the original owner records of motor vehicle manufacturers. 
‘‘(3) For use in the normal course of business by a legiti-
mate business or its agents, employees, or contractors, but 
only— 
‘‘(A) to verify the accuracy of personal information 
submitted by the individual to the business or its 
agents, employees, or contractors; and 
‘‘(B) if such information as so submitted is not cor-
rect or is no longer correct, to obtain the correct infor-
mation, but only for the purposes of preventing fraud 
by, pursuing legal remedies against, or recovering on a 
debt or security interest against, the individual. 
‘‘(4) For use in connection with any civil, criminal, ad-
ministrative, or arbitral proceeding in any Federal, State, 
or local court or agency or before any self-regulatory body, 
including the service of process, investigation in anticipa-
tion of litigation, and the execution or enforcement of judg-
ments and orders, or pursuant to an order of a Federal, 
State, or local court. 
‘‘(5) For use in research activities, and for use in pro-
ducing statistical reports, so long as the personal informa-
tion is not published, redisclosed, or used to contact indi-
viduals. 
‘‘(6) For use by any insurer or insurance support organi-
zation, or by a self-insured entity, or its agents, employees, 
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or contractors, in connection with claims investigation ac-
tivities, antifraud activities, rating or underwriting. 
‘‘(7) For use in providing notice to the owners of towed 
or impounded vehicles. 
‘‘(8) For use by any licensed private investigative agency 
or licensed security service for any purpose permitted under 
this subsection. 
‘‘(9) For use by an employer or its agent or insurer to 
obtain or verify information relating to a holder of a com-
mercial driver’s license that is required under chapter 313 
of title 49. 
‘‘(10) For use in connection with the operation of private 
toll transportation facilities. 
‘‘(11) For any other use in response to requests for indi-
vidual motor vehicle records if the State has obtained the 
express consent of the person to whom such personal infor-
mation pertains. 
‘‘(12) For bulk distribution for surveys, marketing or so-
licitations if the State has obtained the express consent of 
the person to whom such personal information pertains. 
‘‘(13) For use by any requester, if the requester dem-
onstrates it has obtained the written consent of the indi-
vidual to whom the information pertains. 
‘‘(14) For any other use specifically authorized under the 
law of the State that holds the record, if such use is related 
to the operation of a motor vehicle or public safety. 
‘‘(c) RESALE OR REDISCLOSURE.—An authorized recipient 
of personal information (except a recipient under subsection 
(b)(11) or (12)) may resell or redisclose the information only 
for a use permitted under subsection (b) (but not for uses 
under subsection (b)(11) or (12)). An authorized recipient 
under subsection (b)(11) may resell or redisclose personal in-
formation for any purpose. An authorized recipient under sub-
section (b)(12) may resell or redisclose personal information 
pursuant to subsection (b)(12). Any authorized recipient (ex-
cept a recipient under subsection (b)(11)) that resells or redis-
closes personal information covered by this chapter must keep 
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for a period of 5 years records identifying each person or entity 
that receives information and the permitted purpose for which 
the information will be used and must make such records avail-
able to the motor vehicle department upon request. 
‘‘(d) WAIVER PROCEDURES.—A State motor vehicle depart-
ment may establish and carry out procedures under which the 
department or its agents, upon receiving a request for personal 
information that does not fall within one of the exceptions in 
subsection (b), may mail a copy of the request to the individual 
about whom the information was requested, informing such in-
dividual of the request, together with a statement to the effect 
that the information will not be released unless the individual 
waives such individual’s right to privacy under this section. 
‘‘(e) PROHIBITION ON CONDITIONS.—No State may condi-
tion or burden in any way the issuance of an individual’s motor 
vehicle record to obtain express consent. Nothing in this para-
graph shall be construed to prohibit a State from charging an 
administrative fee for issuance of a motor vehicle record. 
‘‘§ 1542. Additional unlawful acts 
‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall be 
unlawful for any person knowingly to obtain or disclose per-
sonal information, from a motor vehicle record, for any use not 
permitted under section 1541(b) of this title. 
‘‘(b) FALSE REPRESENTATION.—It shall be unlawful for any 
person to make false representation to obtain any personal in-
formation from an individual’s motor vehicle record. 
‘‘§ 1543. Penalties 
‘‘(a) CRIMINAL FINE.—Whoever knowingly violates this sub-
chapter shall be fined under this title. 
‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHI-
CLES.—Any State department of motor vehicles that has a pol-
icy or practice of substantial noncompliance with this chapter 
shall be subject to a civil penalty imposed by the Attorney Gen-
eral of not more than $5,000 a day for each day of substantial 
noncompliance. 
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‘‘§ 1544. Civil action 
‘‘(a) CAUSE OF ACTION.—A person who knowingly obtains, 
discloses or uses personal information, from a motor vehicle 
record, for a purpose not permitted under this chapter shall be 
liable to the individual to whom the information pertains, who 
may bring a civil action in a United States district court. 
‘‘(b) REMEDIES.—The court may award— 
‘‘(1) actual damages, but not less than liquidated dam-
ages in the amount of $2,500; 
‘‘(2) punitive damages upon proof of willful or reckless 
disregard of the law; 
‘‘(3) reasonable attorneys’ fees and other litigation costs 
reasonably incurred; and 
‘‘(4) such other preliminary and equitable relief as the 
court determines to be appropriate. 
‘‘§ 1545. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘motor vehicle record’ means any record 
that pertains to a motor vehicle operator’s permit, motor 
vehicle title, motor vehicle registration, or identification 
card issued by a department of motor vehicles; 
‘‘(2) the term ‘personal information’ means information 
that identifies an individual, including an individual’s pho-
tograph, social security number, driver identification num-
ber, name, address (but not the 5-digit zip code), telephone 
number, and medical or disability information, but does not 
include information on vehicular accidents, driving viola-
tions, and driver’s status; 
‘‘(3) the term ‘highly restricted personal information’ 
means an individual’s photograph or image, social security 
number, medical or disability information; and 
‘‘(4) the term ‘express consent’ means consent in writing, 
including consent conveyed electronically that bears an elec-
tronic signature as defined in section 106(5) of Public Law 
106–229. 
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‘‘SUBCHAPTER E—IDENTITY THEFT 
‘‘Sec. 
‘‘1551.
Obtaining information under false pretenses. 
‘‘1552.
Unauthorized disclosures by officers or employees. 
‘‘1553.
Definitions for subchapter. 
‘‘§ 1551. Obtaining information under false pre-
tenses 
‘‘Whoever knowingly obtains information on a consumer 
from a consumer reporting agency under false pretenses shall 
be imprisoned for not more than 2 years. 
‘‘§ 1552. Unauthorized disclosures by officers or 
employees 
‘‘Any officer or employee of a consumer reporting agency 
who knowingly provides information concerning an individual 
from the agency’s files to a person not authorized to receive 
that information shall be imprisoned for not more than 2 years. 
‘‘§ 1553. Definitions for subchapter 
‘‘A term defined in the Fair Credit Reporting Act shall have 
the same meaning when used in the subchapter. 
‘‘CHAPTER 50—FORFEITURE 
‘‘Subchapter 
Sec. 
‘‘A. Property subject to forfeiture ........................................
2501 
‘‘B. Civil forfeiture ......................................................................
2551 
‘‘C. Criminal forfeiture .............................................................
2561 
‘‘SUBCHAPTER A—PROPERTY SUBJECT TO FORFEITURE 
‘‘Sec. 
‘‘2501. Forfeitable property. 
‘‘§ 2501. Forfeitable property 
‘‘(a) DEFINITIONS.—As used in this chapter— 
‘‘(1) the term ‘forfeitable property’ means any property, real 
or personal, tangible or intangible, that is— 
‘‘(A) used or intended to be used to commit or facili-
tate the offense; 
‘‘(B) constituting, derived from, or traceable to pro-
ceeds of the offense; or 
‘‘(C) substitute assets for property described in sub-
paragraph (1) or (B); and 
‘‘(2) the term ‘proceeds’ means all property obtained di-
rectly or indirectly from the offense. 
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‘‘(b) SPECIAL RULE FOR TERRORIST OFFENSES.—In the 
case of an act of domestic or international terrorism, as defined 
in section 283, there shall be deemed to be involved in the of-
fense all assets, foreign and domestic— 
‘‘(A) of any individual, entity, or organization en-
gaged in planning or perpetrating the act, and all as-
sets, foreign or domestic, affording any person a source 
of influence over any such entity or organization; 
‘‘(B) acquired or maintained by any person with the 
intent and for the purpose of supporting, planning, 
conducting, or concealing the act; or 
‘‘(C) derived from, involved in, or used or intended 
to be used to commit the act of domestic or inter-
national terrorism. 
‘‘(c) SPECIAL RULE FOR COUNTERFEIT PARAPHERNALIA.— 
For the purposes of this chapter, the term ‘forfeitable property’ 
also includes any counterfeit of a coin, obligation, or security 
of the United States or of any foreign government or any mate-
rial or apparatus used or fitted or intended to be used, in the 
making of such a counterfeit, found in the possession of any 
person without authority from the Secretary of the Treasury or 
other proper officer. 
‘‘SUBCHAPTER B—CIVIL FORFEITURE 
‘‘Sec. 
‘‘2551. Offenses giving rise to civil forfeiture. 
‘‘2552. Procedure generally. 
‘‘2553. General rules for civil forfeiture proceedings. 
‘‘2554. Civil forfeiture of fungible property. 
‘‘2555. Civil forfeiture of real property. 
‘‘2556. Subpoenas for bank records. 
‘‘2557. Anti-terrorist forfeiture protection. 
‘‘§ 2551. Offenses giving rise to civil forfeiture 
‘‘(a) CRIMINALLY
RELATED
PROPERTY
SUBJECT
TO
FOR-
FEITURE.—All right, title, and interest in forfeitable property 
relating to an offense described in subsection (b) shall vest in 
the United States upon commission of that offense. 
‘‘(b) OFFENSES GIVING RISE TO CIVIL FORFEITURE.—The 
following offenses give rise to civil forfeiture under this section: 
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‘‘(1) A violation of section 612, 614, 691–719, 773–775, 
779, 783, 786, 787, 789, 804, 851, 852, 862–865, or 1003 
or any offense constituting ‘specified unlawful activity’ (as 
defined in section 1451). 
‘‘(2) An offense against a foreign nation, or any property 
used to facilitate such an offense, if the offense— 
‘‘(A) involves the manufacture, importation, sale, or 
distribution of a controlled substance (as that term is 
defined for purposes of the controlled substances act), 
or any other conduct described in section 1451; 
‘‘(B) would be punishable within the jurisdiction of 
the foreign nation by death or imprisonment for a term 
exceeding one year; and 
‘‘(C) would be punishable under the laws of the 
United States by imprisonment for a term exceeding 
one year, if the conduct constituting the offense had oc-
curred within the jurisdiction of the United States. 
‘‘(3) A violation of— 
‘‘(A) section 654 (relating to Federal program 
fraud); 
‘‘(B) section 772 (relating to fraud and false state-
ments); 
‘‘(C) section 788 (relating to major fraud against the 
United States); 
‘‘(D) section 789 (relating to concealment of assets 
from conservator or receiver of insured financial insti-
tution); 
‘‘(E) section 801 (relating to mail fraud); or 
‘‘(F) section 803 (relating to wire fraud), 
if such violation relates to the sale of assets acquired or 
held by the Resolution Trust Corporation, the Federal De-
posit Insurance Corporation, as conservator or receiver for 
a financial institution, or any other conservator for a finan-
cial institution appointed by the Office of the Comptroller 
of the Currency or the Office of Thrift Supervision or the 
National Credit Union Administration, as conservator or 
liquidating agent for a financial institution. 
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‘‘(4) A violation of— 
‘‘(A) section 718 (altering or removing motor vehicle 
identification numbers); 
‘‘(B) section 866 (importing or exporting stolen 
motor vehicles); 
‘‘(C) section 671 (transporting stolen motor vehicles 
in interstate commerce); or 
‘‘(D) section 672 (possessing or selling a stolen 
motor vehicle that has moved in interstate commerce). 
‘‘(5) Any act of domestic or international terrorism (as 
defined in section 283) against the United States, citizens 
or residents of the United States, or their property, against 
any international organization as defined in the State De-
partment Basic Authorites Act of 1956, or against any for-
eign government. 
‘‘(6) A violation of section 280. 
‘‘(7) A violation of 506 of title 17, or section 675, 676, 
678, 679, 680, or subcahpter C of chapter 35. 
‘‘(c) APPLICATION TO OTHER CIVIL FORFEITURES.—Unless 
otherwise specified, whenever a law of the United States pro-
vides for civil forfeiture, this subchapter shall apply to that for-
feiture. 
‘‘§ 2552. Procedure generally 
‘‘(a) SEIZURE AND PRELIMINARY MATTERS.— 
‘‘(1) Except as provided in section 2555, any property 
subject to forfeiture to the United States under section 
2551 may be seized by the Attorney General and, in the 
case of property involved in a violation investigated by the 
Secretary of the Treasury or the United States Postal 
Service, the property may also be seized by the Secretary 
of the Treasury or the Postal Service, respectively. 
‘‘(2) Seizures under this section shall be made pursuant 
to a warrant obtained in the same manner as provided for 
a search warrant under the Federal Rules of Criminal Pro-
cedure, except that a seizure may be made without a war-
rant if— 
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‘‘(A) a complaint for forfeiture has been filed in the 
United States district court and the court issued an arrest 
warrant in rem pursuant to the Supplemental Rules for 
Certain Admiralty and Maritime Claims; 
‘‘(B) there is probable cause to believe that the property 
is subject to forfeiture and— 
‘‘(i) the seizure is made pursuant to a lawful arrest 
or search; or 
‘‘(ii) another exception to the Fourth Amendment 
warrant requirement would apply; or 
‘‘(C) the property was lawfully seized by a State or local 
law enforcement agency and transferred to a Federal agen-
cy. 
‘‘(3) Notwithstanding rule 41(a) of the Federal Rules of 
Criminal Procedure, a seizure warrant may be issued pur-
suant to this subsection by a judicial officer in any district 
in which a forfeiture action against the property may be 
filed under section 1355(b) of title 28, and may be exe-
cuted in any district in which the property is found, or 
transmitted to the central authority of any foreign state for 
service in accordance with any treaty or other international 
agreement. Any motion for the return of property seized 
under this section shall be filed in the district court in 
which the seizure warrant was issued or in the district 
court for the district in which the property was seized. 
‘‘(4)(A) If any person is arrested or charged in a foreign 
country in connection with an offense that would give rise 
to the forfeiture of property in the United States under this 
section or under the Controlled Substances Act, the Attor-
ney General may apply to any Federal judge or magistrate 
judge in the district in which the property is located for an 
ex parte order restraining the property subject to forfeiture 
for not more than 30 days, except that the time may be 
extended for good cause shown at a hearing conducted in 
the manner provided in rule 43(e) of the Federal Rules of 
Civil Procedure. 
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‘‘(B) The application for the restraining order shall set 
forth the nature and circumstances of the foreign charges 
and the basis for belief that the person arrested or charged 
has property in the United States that would be subject to 
forfeiture, and shall contain a statement that the restrain-
ing order is needed to preserve the availability of property 
for such time as is necessary to receive evidence from the 
foreign country or elsewhere in support of probable cause 
for the seizure of the property under this subsection. 
‘‘(b) SECURING OF PROPERTY.—Property taken or detained 
under this section shall not be repleviable, but shall be deemed 
to be in the custody of the Attorney General, the Secretary of 
the Treasury, or the Postal Service, as the case may be, subject 
only to the orders and decrees of the court or the official hav-
ing jurisdiction thereof. Whenever property is seized under this 
subsection, the Attorney General, the Secretary of the Treas-
ury, or the Postal Service, as the case may be, may— 
‘‘(1) place the property under seal; 
‘‘(2) remove the property to a place designated by him; 
or 
‘‘(3) require that the General Services Administration 
take custody of the property and remove it, if practicable, 
to an appropriate location for disposition in accordance 
with law. 
‘‘(c) APPLICATION
OF CUSTOMS LAWS.—For purposes of 
this section, the provisions of the customs laws relating to the 
seizure, summary and judicial forfeiture, condemnation of prop-
erty for violation of the customs laws, the disposition of such 
property or the proceeds from the sale of such property under 
this section, the remission or mitigation of such forfeitures, and 
the compromise of claims (19 U.S.C. 1602 et seq.), insofar as 
they are applicable and not inconsistent with the provisions of 
this section, shall apply to seizures and forfeitures incurred, or 
alleged to have been incurred, under this section, except that 
such duties as are imposed upon the customs officer or any 
other person with respect to the seizure and forfeiture of prop-
erty under the customs laws shall be performed with respect to 
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seizures and forfeitures of property under this section by such 
officers, agents, or other persons as may be authorized or des-
ignated for that purpose by the Attorney General, the Secretary 
of the Treasury, or the Postal Service, as the case may be. The 
Attorney General shall have sole responsibility for disposing of 
petitions for remission or mitigation with respect to property 
involved in a judicial forfeiture proceeding. 
‘‘(d) RETENTION
OR TRANSFER
OF FORFEITED PROP-
ERTY.—Notwithstanding any other provision of the law, except 
section 3 of the Anti Drug Abuse Act of 1986, the Attorney 
General, the Secretary of the Treasury, or the Postal Service, 
as the case may be, is authorized to retain property forfeited 
pursuant to this section, or to transfer such property on such 
terms and conditions as the Attorney General may determine— 
‘‘(1) to any other Federal agency; 
‘‘(2) to any State or local law enforcement agency which 
participated directly in any of the acts which led to the sei-
zure or forfeiture of the property; 
‘‘(3) in the case of property referred to in subsection 
(a)(1)(C), to any Federal financial institution regulatory 
agency— 
‘‘(A) to reimburse the agency for payments to claim-
ants or creditors of the institution; and 
‘‘(B) to reimburse the insurance fund of the agency 
for losses suffered by the fund as a result of the receiv-
ership or liquidation; 
‘‘(4) in the case of property referred to in subsection 
(a)(1)(C), upon the order of the appropriate Federal finan-
cial institution regulatory agency, to the financial institu-
tion as restitution, with the value of the property so trans-
ferred to be set off against any amount later recovered by 
the financial institution as compensatory damages in any 
State or Federal proceeding; 
‘‘(5) in the case of property referred to in subsection 
(a)(1)(C), to any Federal financial institution regulatory 
agency, to the extent of the agency’s contribution of re-
sources to, or expenses involved in, the seizure and for-
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feiture, and the investigation leading directly to the seizure 
and forfeiture, of such property; 
‘‘(6) as restoration to any victim of the offense giving 
rise to the forfeiture, including, in the case of a money 
laundering offense, any offense constituting the underlying 
specified unlawful activity; or 
‘‘(7) In the case of property referred to in subsection 
(a)(1)(D), to the Resolution Trust Corporation, the Federal 
Deposit Insurance Corporation, or any other Federal finan-
cial institution regulatory agency (as defined in section 
8(e)(7)(D) of the Federal Deposit Insurance Act). 
The Attorney General, the Secretary of the Treasury, or the 
Postal Service, as the case may be, shall ensure the equitable 
transfer pursuant to paragraph (2) of any forfeited property to 
the appropriate State or local law enforcement agency so as to 
reflect generally the contribution of any such agency partici-
pating directly in any of the acts which led to the seizure or 
forfeiture of such property. A decision by the Attorney General, 
the Secretary of the Treasury, or the Postal Service pursuant 
to paragraph (2) shall not be subject to review. The United 
States shall not be liable in any action arising out of the use 
of any property the custody of which was transferred pursuant 
to this section to any non-Federal agency. The Attorney Gen-
eral, the Secretary of the Treasury, or the Postal Service may 
order the discontinuance of any forfeiture proceedings under 
this section in favor of the institution of forfeiture proceedings 
by State or local authorities under an appropriate State or local 
statute. After the filing of a complaint for forfeiture under this 
section, the Attorney General may seek dismissal of the com-
plaint in favor of forfeiture proceedings under State or local 
law. Whenever forfeiture proceedings are discontinued by the 
United States in favor of State or local proceedings, the United 
States may transfer custody and possession of the seized prop-
erty to the appropriate State or local official immediately upon 
the initiation of the proper actions by such officials. Whenever 
forfeiture proceedings are discontinued by the United States in 
favor of State or local proceedings, notice shall be sent to all 
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known interested parties advising them of the discontinuance or 
dismissal. The United States shall not be liable in any action 
arising out of the seizure, detention, and transfer of seized 
property to State or local officials. The United States shall not 
be liable in any action arising out of a transfer under para-
graph (3), (4), or (5) of this subsection. 
‘‘(e) STAYS.— 
‘‘(1) Upon the motion of the United States, the court 
shall stay the civil forfeiture proceeding if the court deter-
mines that civil discovery will adversely affect the ability of 
the Government to conduct a related criminal investigation 
or the prosecution of a related criminal case. 
‘‘(2) Upon the motion of a claimant, the court shall stay 
the civil forfeiture proceeding with respect to that claimant 
if the court determines that— 
‘‘(A) the claimant is the subject of a related criminal 
investigation or case; 
‘‘(B) the claimant has standing to assert a claim in 
the civil forfeiture proceeding; and 
‘‘(C) continuation of the forfeiture proceeding will 
burden the right of the claimant against self-incrimina-
tion in the related investigation or case. 
‘‘(3) With respect to the impact of civil discovery de-
scribed in paragraphs (1) and (2), the court may determine 
that a stay is unnecessary if a protective order limiting dis-
covery would protect the interest of one party without un-
fairly limiting the ability of the opposing party to pursue 
the civil case. In no case, however, shall the court impose 
a protective order as an alternative to a stay if the effect 
of such protective order would be to allow one party to pur-
sue discovery while the other party is substantially unable 
to do so. 
‘‘(4) In this subsection, the terms ‘related criminal case’ 
and ‘related criminal investigation’ mean an actual prosecu-
tion or investigation in progress at the time at which the 
request for the stay, or any subsequent motion to lift the 
stay is made. In determining whether a criminal case or in-
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vestigation is ‘related’ to a civil forfeiture proceeding, the 
court shall consider the degree of similarity between the 
parties, witnesses, facts, and circumstances involved in the 
two proceedings, without requiring an identity with respect 
to any one or more factors. 
‘‘(5) In requesting a stay under paragraph (1), the Gov-
ernment may, in appropriate cases, submit evidence ex 
parte in order to avoid disclosing any matter that may ad-
versely affect an ongoing criminal investigation or pending 
criminal trial. 
‘‘(6) Whenever a civil forfeiture proceeding is stayed pur-
suant to this subsection, the court shall enter any order 
necessary to preserve the value of the property or to protect 
the rights of lienholders or other persons with an interest 
in the property while the stay is in effect. 
‘‘(7) A determination by the court that the claimant has 
standing to request a stay pursuant to paragraph (2) shall 
apply only to this subsection and shall not preclude the 
Government from objecting to the standing of the claimant 
by dispositive motion or at the time of trial. 
‘‘(f) VENUE.—In addition to the venue provided for in sec-
tion 1395 of title 28 or any other provision of law, in the case 
of property of a defendant charged with a violation that is the 
basis for forfeiture of the property under this section, a pro-
ceeding for forfeiture under this section may be brought in the 
judicial district in which the defendant owning such property 
is found or in the judicial district in which the criminal pros-
ecution is brought. 
‘‘(g) DISPOSITION.— 
‘‘(1) Whenever property is civilly or criminally forfeited 
under this subchapter, the Attorney General or the Sec-
retary of the Treasury, as the case may be, may transfer 
the 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 sei-
zure or forfeiture of the property, if such a transfer— 
‘‘(A) has been agreed to by the Secretary of State; 
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‘‘(B) is authorized in an international agreement be-
tween the United States and the foreign country; and 
‘‘(C) is made to a country which, if applicable, has 
been certified under section 481(h) of the Foreign As-
sistance Act of 1961. 
A decision by the Attorney General or the Secretary of the 
Treasury pursuant to this paragraph shall not be subject 
to review. The foreign country shall, in the event of a 
transfer of property or proceeds of sale of property under 
this subsection, bear all expenses incurred by the United 
States in the seizure, maintenance, inventory, storage, for-
feiture, and disposition of the property, and all transfer 
costs. The payment of all such expenses, and the transfer 
of assets pursuant to this paragraph, shall be upon such 
terms and conditions as the Attorney General or the Sec-
retary of the Treasury may, in his discretion, set. 
‘‘(2) This section does not limit or supersede any other 
authority of the United States to provide assistance to a 
foreign country in obtaining property related to a crime 
committed in the foreign country, including property which 
is sought as evidence of a crime committed in the foreign 
country. 
‘‘(3) A certified order or judgment of forfeiture by a 
court of competent jurisdiction of a foreign country con-
cerning property which is the subject of forfeiture under 
this section and was determined by such court to be the 
type of property described in subsection (a)(1)(B) of this 
section, and any certified recordings or transcripts of testi-
mony taken in a foreign judicial proceeding concerning 
such order or judgment of forfeiture, shall be admissible in 
evidence in a proceeding brought pursuant to this section. 
Such certified order or judgment of forfeiture, when admit-
ted into evidence, shall constitute probable cause that the 
property forfeited by such order or judgment of forfeiture 
is subject to forfeiture under this section and creates a re-
buttable presumption of the forfeitability of such property 
under this section. 
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‘‘(4) A certified order or judgment of conviction by a 
court of competent jurisdiction of a foreign country con-
cerning an unlawful drug activity which gives rise to for-
feiture under this section and any certified recordings or 
transcripts of testimony taken in a foreign judicial pro-
ceeding concerning such order or judgment of conviction 
shall be admissible in evidence in a proceeding brought pur-
suant to this section. Such certified order or judgment of 
conviction, when admitted into evidence, creates a rebutta-
ble presumption that the unlawful drug activity giving rise 
to forfeiture under this section has occurred. 
‘‘(5) Paragraphs (3) and (4) do not limit the admissi-
bility of any evidence otherwise admissible, or the ability of 
the United States to establish probable cause that property 
is subject to forfeiture by any evidence otherwise admis-
sible. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Attorney General’ means the Attorney 
General or his delegate; and 
‘‘(2) the term ‘Secretary of the Treasury’ means the Sec-
retary of the Treasury or his delegate. 
‘‘(i) INTERBANK ACCOUNTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—For the purpose of a forfeiture 
under this section or under the Controlled Substances 
Act (21 U.S.C. 801 et seq.), if funds are deposited into 
an account at a foreign financial institution, and that 
foreign financial institution has an interbank account 
in the United States with a covered financial institution 
(as defined in section 5318(j)(1) of title 31), the funds 
shall be deemed to have been deposited into the inter-
bank account in the United States, and any restraining 
order, seizure warrant, or arrest warrant in rem re-
garding the funds may be served on the covered finan-
cial institution, and funds in the interbank account, up 
to the value of the funds deposited into the account at 
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the foreign financial institution, may be restrained, 
seized, or arrested. 
‘‘(B) AUTHORITY TO SUSPEND.—The Attorney Gen-
eral, in consultation with the Secretary of the Treas-
ury, may suspend or terminate a forfeiture under this 
section if the Attorney General determines that a con-
flict of law exists between the laws of the jurisdiction 
in which the foreign financial institution is located and 
the laws of the United States with respect to liabilities 
arising from the restraint, seizure, or arrest of such 
funds, and that such suspension or termination would 
be in the interest of justice and would not harm the na-
tional interests of the United States. 
‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE 
FUNDS.—If a forfeiture action is brought against funds 
that are restrained, seized, or arrested under paragraph 
(1), it shall not be necessary for the Government to estab-
lish that the funds are directly traceable to the funds that 
were deposited into the foreign financial institution, nor 
shall it be necessary for the Government to rely on the ap-
plication of section 2554. 
‘‘(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If 
a forfeiture action is instituted against funds restrained, 
seized, or arrested under paragraph (1), the owner of the 
funds deposited into the account at the foreign financial in-
stitution may contest the forfeiture by filing a claim under 
section 2553. 
‘‘(4) DEFINITIONS.—For purposes of this subsection, the 
following definitions shall apply: 
‘‘(A) INTERBANK
ACCOUNT.—The term ‘interbank 
account’ has the same meaning as in section 
2554(c)(2)(B). 
‘‘(B) OWNER.— 
‘‘(i) IN GENERAL.—Except as provided in clause 
(ii), the term ‘owner’— 
‘‘(I) means the person who was the owner, as 
that term is defined in section 2553(d)(6), of 
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the funds that were deposited into the foreign 
financial institution at the time such funds 
were deposited; and 
‘‘(II) does not include either the foreign fi-
nancial institution or any financial institution 
acting as an intermediary in the transfer of the 
funds into the interbank account. 
‘‘(ii) EXCEPTION.—The foreign financial institu-
tion may be considered the ‘owner’ of the funds 
(and no other person shall qualify as the owner of 
such funds) only if— 
‘‘(I) the basis for the forfeiture action is 
wrongdoing committed by the foreign financial 
institution; or 
‘‘(II) the foreign financial institution estab-
lishes, by a preponderance of the evidence, that 
prior to the restraint, seizure, or arrest of the 
funds, the foreign financial institution had dis-
charged all or part of its obligation to the prior 
owner of the funds, in which case the foreign 
financial institution shall be deemed the owner 
of the funds to the extent of such discharged 
obligation. 
‘‘(C) FOREIGN FINANCIAL INSTITUTION.—The term 
‘foreign financial institution’ includes a foreign bank as 
defined in section 1(b)(7) of the International Banking 
Act of 1978. 
‘‘§ 2553. General rules for civil forfeiture pro-
ceedings 
‘‘(a) NOTICE; CLAIM; COMPLAINT.— 
‘‘(1)(A)(i) Except as provided in clauses (ii) through (v), 
in any nonjudicial civil forfeiture proceeding under a civil 
forfeiture statute, with respect to which the Government is 
required to send written notice to interested parties, such 
notice shall be sent in a manner to achieve proper notice 
as soon as practicable, and in no case more than 60 days 
after the date of the seizure. 
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‘‘(ii) No notice is required if, before the 60-day period 
expires, the Government files a civil judicial forfeiture ac-
tion against the property and provides notice of that action 
as required by law. 
‘‘(iii) If, before the 60-day period expires, the Govern-
ment does not file a civil judicial forfeiture action, but does 
obtain a criminal indictment containing an allegation that 
the property is subject to forfeiture, the Government shall 
either— 
‘‘(I) send notice within the 60 days and continue the 
nonjudicial civil forfeiture proceeding under this sec-
tion; or 
‘‘(II) terminate the nonjudicial civil forfeiture pro-
ceeding, and take the steps necessary to preserve its 
right to maintain custody of the property as provided 
in the applicable criminal forfeiture statute. 
‘‘(iv) In a case in which the property is seized by a State 
or local law enforcement agency and turned over to a Fed-
eral law enforcement agency for the purpose of forfeiture 
under Federal law, notice shall be sent not more than 90 
days after the date of seizure by the State or local law en-
forcement agency. 
‘‘(v) If the identity or interest of a party is not deter-
mined until after the seizure or turnover but is determined 
before a declaration of forfeiture is entered, notice shall be 
sent to such interested party not later than 60 days after 
the determination by the Government of the identity of the 
party or the party’s interest. 
‘‘(B) A supervisory official in the headquarters office of 
the seizing agency may extend the period for sending notice 
under subparagraph (A) for a period not to exceed 30 days 
(which period may not be further extended except by a 
court), if the official determines that the conditions in sub-
paragraph (D) are present. 
‘‘(C) Upon motion by the Government, a court may ex-
tend the period for sending notice under subparagraph (A) 
for a period not to exceed 60 days, which period may be 
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further extended by the court for 60-day periods, as nec-
essary, if the court determines, based on a written certifi-
cation of a supervisory official in the headquarters office of 
the seizing agency, that the conditions in subparagraph (D) 
are present. 
‘‘(D) The period for sending notice under this paragraph 
may be extended only if there is reason to believe that no-
tice may have an adverse result, including— 
‘‘(i) endangering the life or physical safety of an in-
dividual; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with evidence; 
‘‘(iv) intimidation of potential witnesses; or 
‘‘(v) otherwise seriously jeopardizing an investigation 
or unduly delaying a trial. 
‘‘(E) Each of the Federal seizing agencies conducting 
nonjudicial forfeitures under this section shall report peri-
odically to the Committees on the Judiciary of the House 
of Representatives and the Senate the number of occasions 
when an extension of time is granted under subparagraph 
(B). 
‘‘(F) If the Government does not send notice of a seizure 
of property in accordance with subparagraph (A) to the 
person from whom the property was seized, and no exten-
sion of time is granted, the Government shall return the 
property to that person without prejudice to the right of 
the Government to commence a forfeiture proceeding at a 
later time. The Government shall not be required to return 
contraband or other property that the person from whom 
the property was seized may not legally possess. 
‘‘(2)(A) Any person claiming property seized in a non-
judicial civil forfeiture proceeding under a civil forfeiture 
statute may file a claim with the appropriate official after 
the seizure. 
‘‘(B) A claim under subparagraph (A) may be filed not 
later than the deadline set forth in a personal notice letter 
(which deadline may be not earlier than 35 days after the 
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date the letter is mailed), except that if that letter is not 
received, then a claim may be filed not later than 30 days 
after the date of final publication of notice of seizure. 
‘‘(C) A claim shall— 
‘‘(i) identify the specific property being claimed; 
‘‘(ii) state the claimant’s interest in such property; 
and 
‘‘(iii) be made under oath, subject to penalty of per-
jury. 
‘‘(D) A claim need not be made in any particular form. 
Each Federal agency conducting nonjudicial forfeitures 
under this section shall make claim forms generally avail-
able on request, which forms shall be written in easily un-
derstandable language. 
‘‘(E) Any person may make a claim under subparagraph 
(A) without posting bond with respect to the property 
which is the subject of the claim. 
‘‘(3)(A) Not later than 90 days after a claim has been 
filed, the Government shall file a complaint for forfeiture 
in the manner set forth in the Supplemental Rules for Cer-
tain Admiralty and Maritime Claims or return the property 
pending the filing of a complaint, except that a court in the 
district in which the complaint will be filed may extend the 
period for filing a complaint for good cause shown or upon 
agreement of the parties. 
‘‘(B) If the Government does not— 
‘‘(i) file a complaint for forfeiture or return the prop-
erty, in accordance with subparagraph (A); or 
‘‘(ii) before the time for filing a complaint has ex-
pired— 
‘‘(I) obtain a criminal indictment containing an 
allegation that the property is subject to forfeiture; 
and 
‘‘(II) take the steps necessary to preserve its 
right to maintain custody of the property as pro-
vided in the applicable criminal forfeiture statute, 
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the Government shall promptly release the property pursu-
ant to regulations promulgated by the Attorney General, 
and may not take any further action to effect the civil for-
feiture of such property in connection with the underlying 
offense. 
‘‘(C) In lieu of, or in addition to, filing a civil forfeiture 
complaint, the Government may include a forfeiture allega-
tion in a criminal indictment. If criminal forfeiture is the 
only forfeiture proceeding commenced by the Government, 
the Government’s right to continued possession of the prop-
erty shall be governed by the applicable criminal forfeiture 
statute. 
‘‘(D) No complaint may be dismissed on the ground that 
the Government did not have adequate evidence at the time 
the complaint was filed to establish the forfeitability of the 
property. 
‘‘(4)(A) In any case in which the Government files in the 
appropriate United States district court a complaint for 
forfeiture of property, any person claiming an interest in 
the seized property may file a claim asserting such person’s 
interest in the property in the manner set forth in the Sup-
plemental Rules for Certain Admiralty and Maritime 
Claims, except that such claim may be filed not later than 
30 days after the date of service of the Government’s com-
plaint or, as applicable, not later than 30 days after the 
date of final publication of notice of the filing of the com-
plaint. 
‘‘(B) A person asserting an interest in seized property, 
in accordance with subparagraph (A), shall file an answer 
to the Government’s complaint for forfeiture not later than 
20 days after the date of the filing of the claim. 
‘‘(b) REPRESENTATION.— 
‘‘(1)(A) If a person with standing to contest the for-
feiture of property in a judicial civil forfeiture proceeding 
under a civil forfeiture statute is financially unable to ob-
tain representation by counsel, and the person is rep-
resented by counsel appointed under section 3006A of this 
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title in connection with a related criminal case, the court 
may authorize counsel to represent that person with respect 
to the claim. 
‘‘(B) In determining whether to authorize counsel to rep-
resent a person under subparagraph (A), the court shall 
take into account such factors as— 
‘‘(i) the person’s standing to contest the forfeiture; 
and 
‘‘(ii) whether the claim appears to be made in good 
faith. 
‘‘(2)(A) If a person with standing to contest the for-
feiture of property in a judicial civil forfeiture proceeding 
under a civil forfeiture statute is financially unable to ob-
tain representation by counsel, and the property subject to 
forfeiture is real property that is being used by the person 
as a primary residence, the court, at the request of the per-
son, shall insure that the person is represented by an attor-
ney for the Legal Services Corporation with respect to the 
claim. 
‘‘(B)(i) At appropriate times during a representation 
under subparagraph (A), the Legal Services Corporation 
shall submit a statement of reasonable attorney fees and 
costs to the court. 
‘‘(ii) The court shall enter a judgment in favor of the 
Legal Services Corporation for reasonable attorney fees and 
costs submitted pursuant to clause (i) and treat such judg-
ment as payable under section 2465 of title 28, regardless 
of the outcome of the case. 
‘‘(3) The court shall set the compensation for representa-
tion under this subsection, which shall be equivalent to that 
provided for court-appointed representation under section 
3006A of this title. 
‘‘(c) BURDEN OF PROOF.—In a suit or action brought under 
any civil forfeiture statute for the civil forfeiture of any prop-
erty— 
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‘‘(1) the burden of proof is on the Government to estab-
lish, by a preponderance of the evidence, that the property 
is subject to forfeiture; 
‘‘(2) the Government may use evidence gathered after 
the filing of a complaint for forfeiture to establish, by a 
preponderance of the evidence, that property is subject to 
forfeiture; and 
‘‘(3) if the Government’s theory of forfeiture is that the 
property was used to commit or facilitate the commission 
of a criminal offense, or was involved in the commission of 
a criminal offense, the Government shall establish that 
there was a substantial connection between the property 
and the offense. 
‘‘(d) INNOCENT OWNER DEFENSE.— 
‘‘(1) An innocent owner’s interest in property shall not 
be forfeited under any civil forfeiture statute. The claimant 
shall have the burden of proving that the claimant is an in-
nocent owner by a preponderance of the evidence. 
‘‘(2)(A) With respect to a property interest in existence 
at the time the illegal conduct giving rise to forfeiture took 
place, the term ‘innocent owner’ means an owner who— 
‘‘(i) did not know of the conduct giving rise to for-
feiture; or 
‘‘(ii) upon learning of the conduct giving rise to the 
forfeiture, did all that reasonably could be expected 
under the circumstances to terminate such use of the 
property. 
‘‘(B)(i) For the purposes of this paragraph, ways in 
which a person may show that such person did all that rea-
sonably could be expected may include demonstrating that 
such person, to the extent permitted by law— 
‘‘(I) gave timely notice to an appropriate law en-
forcement agency of information that led the person to 
know the conduct giving rise to a forfeiture would 
occur or has occurred; and 
‘‘(II) in a timely fashion revoked or made a good 
faith attempt to revoke permission for those engaging 
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in such conduct to use the property or took reasonable 
actions in consultation with a law enforcement agency 
to discourage or prevent the illegal use of the property. 
‘‘(ii) A person is not required by this subparagraph to 
take steps that the person reasonably believes would be 
likely to subject any person (other than the person whose 
conduct gave rise to the forfeiture) to physical danger. 
‘‘(3)(A) With respect to a property interest acquired 
after the conduct giving rise to the forfeiture has taken 
place, the term ‘innocent owner’ means a person who, at 
the time that person acquired the interest in the prop-
erty— 
‘‘(i) was a bona fide purchaser or seller for value (in-
cluding a purchaser or seller of goods or services for 
value); and 
‘‘(ii) did not know and was reasonably without cause 
to believe that the property was subject to forfeiture. 
‘‘(B) An otherwise valid claim under subparagraph (A) 
shall not be denied on the ground that the claimant gave 
nothing of value in exchange for the property if— 
‘‘(i) the property is the primary residence of the 
claimant; 
‘‘(ii) depriving the claimant of the property would de-
prive the claimant of the means to maintain reasonable 
shelter in the community for the claimant and all de-
pendents residing with the claimant; 
‘‘(iii) the property is not, and is not traceable to, the 
proceeds of any criminal offense; and 
‘‘(iv) the claimant acquired his or her interest in the 
property through marriage, divorce, or legal separation, 
or the claimant was the spouse or legal dependent of 
a person whose death resulted in the transfer of the 
property to the claimant through inheritance or pro-
bate, 
except that the court shall limit the value of any real prop-
erty interest for which innocent ownership is recognized 
under this subparagraph to the value necessary to maintain 
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reasonable shelter in the community for such claimant and 
all dependents residing with the claimant. 
‘‘(4) Notwithstanding any provision of this subsection, no 
person may assert an ownership interest under this sub-
section in contraband or other property that it is illegal to 
possess. 
‘‘(5) If the court determines, in accordance with this sec-
tion, that an innocent owner has a partial interest in prop-
erty otherwise subject to forfeiture, or a joint tenancy or 
tenancy by the entirety in such property, the court may 
enter an appropriate order— 
‘‘(A) severing the property; 
‘‘(B) transferring the property to the Government 
with a provision that the Government compensate the 
innocent owner to the extent of his or her ownership 
interest once a final order of forfeiture has been en-
tered and the property has been reduced to liquid as-
sets; or 
‘‘(C) permitting the innocent owner to retain the 
property subject to a lien in favor of the Government 
to the extent of the forfeitable interest in the property. 
‘‘(6) In this subsection, the term ‘owner’— 
‘‘(A) means a person with an ownership interest in 
the specific property sought to be forfeited, including a 
leasehold, lien, mortgage, recorded security interest, or 
valid assignment of an ownership interest; and 
‘‘(B) does not include— 
‘‘(i) a person with only a general unsecured in-
terest in, or claim against, the property or estate 
of another; 
‘‘(ii) a bailee unless the bailor is identified and 
the bailee shows a colorable legitimate interest in 
the property seized; or 
‘‘(iii) a nominee who exercises no dominion or 
control over the property. 
‘‘(e) MOTION TO SET ASIDE FORFEITURE.— 
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‘‘(1) Any person entitled to written notice in any non-
judicial civil forfeiture proceeding under a civil forfeiture 
statute who does not receive such notice may file a motion 
to set aside a declaration of forfeiture with respect to that 
person’s interest in the property, which motion shall be 
granted if— 
‘‘(A) the Government knew, or reasonably should 
have known, of the moving party’s interest and failed 
to take reasonable steps to provide such party with no-
tice; and 
‘‘(B) the moving party did not know or have reason 
to know of the seizure within sufficient time to file a 
timely claim. 
‘‘(2)(A) Notwithstanding the expiration of any applicable 
statute of limitations, if the court grants a motion under 
paragraph (1), the court shall set aside the declaration of 
forfeiture as to the interest of the moving party without 
prejudice to the right of the Government to commence a 
subsequent forfeiture proceeding as to the interest of the 
moving party. 
‘‘(B) Any proceeding described in subparagraph (A) shall 
be commenced— 
‘‘(i) if nonjudicial, within 60 days of the entry of the 
order granting the motion; or 
‘‘(ii) if judicial, within 6 months of the entry of the 
order granting the motion. 
‘‘(3) A motion under paragraph (1) may be filed not 
later than 5 years after the date of final publication of no-
tice of seizure of the property. 
‘‘(4) If, at the time a motion made under paragraph (1) 
is granted, the forfeited property has been disposed of by 
the Government in accordance with law, the Government 
may institute proceedings against a substitute sum of 
money equal to the value of the moving party’s interest in 
the property at the time the property was disposed of. 
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‘‘(5) A motion filed under this subsection shall be the ex-
clusive remedy for seeking to set aside a declaration of for-
feiture under a civil forfeiture statute. 
‘‘(f) RELEASE OF SEIZED PROPERTY.— 
‘‘(1) A claimant under subsection (a) is entitled to imme-
diate release of seized property if— 
‘‘(A) the claimant has a possessory interest in the 
property; 
‘‘(B) the claimant has sufficient ties to the commu-
nity to provide assurance that the property will be 
available at the time of the trial; 
‘‘(C) the continued possession by the Government 
pending the final disposition of forfeiture proceedings 
will cause substantial hardship to the claimant, such as 
preventing the functioning of a business, preventing an 
individual from working, or leaving an individual home-
less; 
‘‘(D) the claimant’s likely hardship from the contin-
ued possession by the Government of the seized prop-
erty outweighs the risk that the property will be de-
stroyed, damaged, lost, concealed, or transferred if it is 
returned to the claimant during the pendency of the 
proceeding; and 
‘‘(E) none of the conditions set forth in paragraph 
(8) applies. 
‘‘(2) A claimant seeking release of property under this 
subsection must request possession of the property from 
the appropriate official, and the request must set forth the 
basis on which the requirements of paragraph (1) are met. 
‘‘(3)(A) If not later than 15 days after the date of a re-
quest under paragraph (2) the property has not been re-
leased, the claimant may file a petition in the district court 
in which the complaint has been filed or, if no complaint 
has been filed, in the district court in which the seizure 
warrant was issued or in the district court for the district 
in which the property was seized. 
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‘‘(B) The petition described in subparagraph (A) shall 
set forth— 
‘‘(i) the basis on which the requirements of para-
graph (1) are met; and 
‘‘(ii) the steps the claimant has taken to secure re-
lease of the property from the appropriate official. 
‘‘(4) If the Government establishes that the claimant’s 
claim is frivolous, the court shall deny the petition. In re-
sponding to a petition under this subsection on other 
grounds, the Government may in appropriate cases submit 
evidence ex parte in order to avoid disclosing any matter 
that may adversely affect an ongoing criminal investigation 
or pending criminal trial. 
‘‘(5) The court shall render a decision on a petition filed 
under paragraph (3) not later than 30 days after the date 
of the filing, unless such 30-day limitation is extended by 
consent of the parties or by the court for good cause 
shown. 
‘‘(6) If— 
‘‘(A) a petition is filed under paragraph (3); and 
‘‘(B) the claimant demonstrates that the require-
ments of paragraph (1) have been met, 
the district court shall order that the property be returned 
to the claimant, pending completion of proceedings by the 
Government to obtain forfeiture of the property. 
‘‘(7) If the court grants a petition under paragraph 
(3)— 
‘‘(A) the court may enter any order necessary to en-
sure that the value of the property is maintained while 
the forfeiture action is pending, including— 
‘‘(i) permitting the inspection, photographing, 
and inventory of the property; 
‘‘(ii) fixing a bond in accordance with rule E(5) 
of the Supplemental Rules for Certain Admiralty 
and Maritime Claims; and 
‘‘(iii) requiring the claimant to obtain or main-
tain insurance on the subject property; and 
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‘‘(B) the Government may place a lien against the 
property or file a lis pendens to ensure that the prop-
erty is not transferred to another person. 
‘‘(8) This subsection shall not apply if the seized prop-
erty— 
‘‘(A) is contraband, currency, or other monetary in-
strument, or electronic funds unless such currency or 
other monetary instrument or electronic funds con-
stitutes the assets of a legitimate business which has 
been seized; 
‘‘(B) is to be used as evidence of a violation of the 
law; 
‘‘(C) by reason of design or other characteristic, is 
particularly suited for use in illegal activities; or 
‘‘(D) is likely to be used to commit additional crimi-
nal acts if returned to the claimant. 
‘‘(g) PROPORTIONALITY.— 
‘‘(1) The claimant under subsection (a)(4) may petition 
the court to determine whether the forfeiture was constitu-
tionally excessive. 
‘‘(2) In making this determination, the court shall com-
pare the forfeiture to the gravity of the offense giving rise 
to the forfeiture. 
‘‘(3) The claimant shall have the burden of establishing 
that the forfeiture is grossly disproportional by a prepon-
derance of the evidence at a hearing conducted by the court 
without a jury. 
‘‘(4) If the court finds that the forfeiture is grossly dis-
proportional to the offense it shall reduce or eliminate the 
forfeiture as necessary to avoid a violation of the Excessive 
Fines Clause of the Eighth Amendment of the Constitu-
tion. 
‘‘(h) CIVIL FINE.— 
‘‘(1) In any civil forfeiture proceeding under a civil for-
feiture statute in which the Government prevails, if the 
court finds that the claimant’s assertion of an interest in 
the property was frivolous, the court may impose a civil 
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fine on the claimant of an amount equal to 10 percent of 
the value of the forfeited property, but in no event shall the 
fine be less than $250 or greater than $5,000. 
‘‘(2) Any civil fine imposed under this subsection shall 
not preclude the court from imposing sanctions under rule 
11 of the Federal Rules of Civil Procedure. 
‘‘(3) In addition to the limitations of section 1915 of title 
28, in no event shall a prisoner file a claim under a civil 
forfeiture statute or appeal a judgment in a civil action or 
proceeding based on a civil forfeiture statute if the prisoner 
has, on three or more prior occasions, while incarcerated or 
detained in any facility, brought an action or appeal in a 
court of the United States that was dismissed on the 
grounds that it is frivolous or malicious, unless the prisoner 
shows extraordinary and exceptional circumstances. 
‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In this sec-
tion, the term ‘civil forfeiture statute’— 
‘‘(1) means any provision of Federal law providing for 
the forfeiture of property other than as a sentence imposed 
upon conviction of a criminal offense; and 
‘‘(2) does not include— 
‘‘(A) the Tariff Act of 1930 or any other provision 
of law codified in title 19; 
‘‘(B) the Internal Revenue Code of 1986; 
‘‘(C) the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.); 
‘‘(D) the Trading with the Enemy Act (50 U.S.C. 
App. 1 et seq.) or the International Emergency Eco-
nomic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); 
or 
‘‘(E) section 1 of title VI of the Act of June 15, 
1917 (40 Stat. 233; 22 U.S.C. 401). 
‘‘(j) RESTRAINING ORDERS; PROTECTIVE ORDERS.— 
‘‘(1) Upon application of the United States, the court 
may enter a restraining order or injunction, require the 
execution of satisfactory performance bonds, create receiv-
erships, appoint conservators, custodians, appraisers, ac-
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countants, or trustees, or take any other action to seize, se-
cure, maintain, or preserve the availability of property sub-
ject to civil forfeiture— 
‘‘(A) upon the filing of a civil forfeiture complaint al-
leging that the property with respect to which the order 
is sought is subject to civil forfeiture; or 
‘‘(B) prior to the filing of such a complaint, if, after 
notice to persons appearing to have an interest in the 
property and opportunity for a hearing, the court de-
termines that— 
‘‘(i) there is a substantial probability that the 
United States will prevail on the issue of forfeiture 
and that failure to enter the order will result in the 
property being destroyed, removed from the juris-
diction of the court, or otherwise made unavailable 
for forfeiture; and 
‘‘(ii) the need to preserve the availability of the 
property through the entry of the requested order 
outweighs the hardship on any party against whom 
the order is to be entered. 
‘‘(2) An order entered pursuant to paragraph (1)(B) 
shall be effective for not more than 90 days, unless ex-
tended by the court for good cause shown, or unless a com-
plaint described in paragraph (1)(A) has been filed. 
‘‘(3) A temporary restraining order under this subsection 
may be entered upon application of the United States with-
out notice or opportunity for a hearing when a complaint 
has not yet been filed with respect to the property, if the 
United States demonstrates that there is probable cause to 
believe that the property with respect to which the order 
is sought is subject to civil forfeiture and that provision of 
notice will jeopardize the availability of the property for 
forfeiture. Such a temporary order shall expire not more 
than 10 days after the date on which it is entered, unless 
extended for good cause shown or unless the party against 
whom it is entered consents to an extension for a longer 
period. A hearing requested concerning an order entered 
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under this paragraph shall be held at the earliest possible 
time and prior to the expiration of the temporary order. 
‘‘(4) The court may receive and consider, at a hearing 
held pursuant to this subsection, evidence and information 
that would be inadmissible under the Federal Rules of Evi-
dence. 
‘‘§ 2554. Civil forfeiture of fungible property 
‘‘(a) GENERALLY.— 
‘‘(1) In any forfeiture action in rem in which the subject 
property is cash, monetary instruments in bearer form, 
funds deposited in an account in a financial institution or 
precious metals— 
‘‘(A) it shall not be necessary for the Government to 
identify the specific property involved in the offense 
that is the basis for the forfeiture; and 
‘‘(B) it shall not be a defense that the property in-
volved in such an offense has been removed and re-
placed by identical property. 
‘‘(2) Except as provided in subsection (b), any identical prop-
erty found in the same place or account as the property in-
volved in the offense that is the basis for the forfeiture shall 
be subject to forfeiture under this section. 
‘‘(b) LIMITATION.—No action pursuant to this section to for-
feit property not traceable directly to the offense that is the 
basis for the forfeiture may be commenced more than 1 year 
from the date of the offense. 
‘‘(c) EXCEPTION.— 
‘‘(1) Subsection (a) does not apply to an action against 
funds held by a financial institution in an interbank ac-
count unless the account holder knowingly engaged in the 
offense that is the basis for the forfeiture. 
‘‘(2) In this subsection— 
‘‘(A) the term ‘financial institution’ includes a for-
eign bank (as defined in section 1(b)(7) of the Inter-
national Banking Act of 1978 (12 U.S.C. 3101(b)(7)); 
and 
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‘‘(B) the term ‘interbank account’ means an account 
held by one financial institution at another financial in-
stitution primarily for the purpose of facilitating cus-
tomer transactions. 
‘‘(d) DISCLAIMER.—Nothing in this section limits the ability 
of the Government to forfeit property under any provision of 
law if the property involved in the offense giving rise to the for-
feiture or property traceable thereto is available for forfeiture. 
‘‘§ 2555. Civil forfeiture of real property 
‘‘(a) JUDICIAL FORFEITURES.—Notwithstanding any other 
provision of law, all civil forfeitures of real property and inter-
ests in real property shall proceed as judicial forfeitures. 
‘‘(b) PRELIMINARY MATTERS.— 
‘‘(1) Except as provided in this section— 
‘‘(A) real property that is the subject of a civil for-
feiture action shall not be seized before entry of an 
order of forfeiture; and 
‘‘(B) the owners or occupants of the real property 
shall not be evicted from, or otherwise deprived of the 
use and enjoyment of, real property that is the subject 
of a pending forfeiture action. 
‘‘(2) The filing of a lis pendens and the execution of a 
writ of entry for the purpose of conducting an inspection 
and inventory of the property shall not be considered a sei-
zure under this subsection. 
‘‘(c) INITIATION.— 
‘‘(1) The Government shall initiate a civil forfeiture ac-
tion against real property by— 
‘‘(A) filing a complaint for forfeiture; 
‘‘(B) posting a notice of the complaint on the prop-
erty; and 
‘‘(C) serving notice on the property owner, along 
with a copy of the complaint. 
‘‘(2) If the property owner cannot be served with the no-
tice under paragraph (1) because the owner— 
‘‘(A) is a fugitive; 
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‘‘(B) resides outside the United States and efforts at 
service pursuant to rule 4 of the Federal Rules of Civil 
Procedure are unavailing; or 
‘‘(C) cannot be located despite the exercise of due 
diligence, 
constructive service may be made in accordance with the 
laws of the State in which the property is located. 
‘‘(3) If real property has been posted in accordance with 
this subsection, it shall not be necessary for the court to 
issue an arrest warrant in rem, or to take any other action 
to establish in rem jurisdiction over the property. 
‘‘(d) SEIZURE PRIOR TO ENTRY OF ORDER.— 
‘‘(1) Real property may be seized prior to the entry of 
an order of forfeiture if— 
‘‘(A) the Government notifies the court that it in-
tends to seize the property before trial; and 
‘‘(B) the court— 
‘‘(i) issues a notice of application for warrant, 
causes the notice to be served on the property 
owner and posted on the property, and conducts a 
hearing in which the property owner has a mean-
ingful opportunity to be heard; or 
‘‘(ii) makes an ex parte determination that there 
is probable cause for the forfeiture and that there 
are exigent circumstances that permit the Govern-
ment to seize the property without prior notice and 
an opportunity for the property owner to be heard. 
‘‘(2) For purposes of paragraph (1)(B)(ii), to establish 
exigent circumstances, the Government shall show that less 
restrictive measures such as a lis pendens, restraining 
order, or bond would not suffice to protect the Govern-
ment’s interests in preventing the sale, destruction, or con-
tinued unlawful use of the real property. 
‘‘(e) POST-SEIZURE HEARING.—If the court authorizes a sei-
zure of real property under subsection (d)(1)(B)(ii), it shall 
conduct a prompt post-seizure hearing during which the prop-
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erty owner shall have an opportunity to contest the basis for 
the seizure. 
‘‘(f) APPLICATION.—This section— 
‘‘(1) applies only to civil forfeitures of real property and 
interests in real property; 
‘‘(2) does not apply to forfeitures of the proceeds of the 
sale of such property or interests, or of money or other as-
sets intended to be used to acquire such property or inter-
ests; and 
‘‘(3) shall not affect the authority of the court to enter 
a restraining order relating to real property. 
‘‘§ 2556. Subpoenas for bank records 
‘‘(a) IN GENERAL.—At any time after the commencement of 
any action for forfeiture in rem brought by the United States 
under section 1451, 1452, and 508 of this title, section 5322 
or 5324 of title 31, or the Controlled Substances Act, any 
party may request the Clerk of the Court in the district in 
which the proceeding is pending to issue a subpoena duces 
tecum to any financial institution, as defined in section 5312(a) 
of title 31, to produce books, records and any other documents 
at any place designated by the requesting party. All parties to 
the proceeding shall be notified of the issuance of any such sub-
poena. The procedures and limitations set forth in section 2555 
of this title shall apply to subpoenas issued under this section. 
‘‘(b) SERVICE.—Service of a subpoena issued pursuant to 
this section shall be by certified mail. Records produced in re-
sponse to such a subpoena may be produced in person or by 
mail, common carrier, or such other method as may be agreed 
upon by the party requesting the subpoena and the custodian 
of records. The party requesting the subpoena may require the 
custodian of records to submit an affidavit certifying the au-
thenticity and completeness of the records and explaining the 
omission of any record called for in the subpoena. 
‘‘(c) DISCOVERY.—Nothing in this section shall preclude any 
party from pursuing any form of discovery pursuant to the 
Federal Rules of Civil Procedure. 
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‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURISDIC-
TIONS.— 
‘‘(1) IN GENERAL.—In any civil forfeiture case, or in any 
ancillary proceeding in any criminal forfeiture case gov-
erned by section 413(n) of the Controlled Substances Act 
(21 U.S.C. 853(n)), in which— 
‘‘(A) financial records located in a foreign country 
may be material— 
‘‘(i) to any claim or to the ability of the Govern-
ment to respond to such claim; or 
‘‘(ii) in a civil forfeiture case, to the ability of the 
Government to establish the forfeitability of the 
property; and 
‘‘(B) it is within the capacity of the claimant to 
waive the claimant’s rights under applicable financial 
secrecy laws, or to obtain the records so that such 
records can be made available notwithstanding such se-
crecy laws, 
the refusal of the claimant to provide the records in re-
sponse to a discovery request or to take the action nec-
essary otherwise to make the records available shall be 
grounds for judicial sanctions, up to and including dis-
missal of the claim with prejudice. 
‘‘(2) PRIVILEGE.—This subsection shall not affect the 
right of the claimant to refuse production on the basis of 
any privilege guaranteed by the Constitution of the United 
States or any other provision of Federal law. 
‘‘§ 2557. Anti-terrorist forfeiture protection 
‘‘(a) RIGHT TO CONTEST.—An owner of property that is 
confiscated under any provision of law relating to the confisca-
tion of assets of suspected international terrorists, may contest 
that confiscation by filing a claim in the manner set forth in 
the Federal Rules of Civil Procedure (Supplemental Rules for 
Certain Admiralty and Maritime Claims), and asserting as an 
affirmative defense that— 
‘‘(1) the property is not subject to confiscation under 
such provision of law; or 
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‘‘(2) the innocent owner provisions of section 2553(d) 
apply to the case. 
‘‘(b) EVIDENCE.—In considering a claim filed under this sec-
tion, a court may admit evidence that is otherwise inadmissible 
under the Federal Rules of Evidence, if the court determines 
that the evidence is reliable, and that compliance with the Fed-
eral Rules of Evidence may jeopardize the national security in-
terests of the United States. 
‘‘(c) CLARIFICATIONS.— 
‘‘(1) PROTECTION OF RIGHTS.—The exclusion of certain 
provisions of Federal law from the definition of the term 
‘civil forfeiture statute’ in section 2553(i) shall not be con-
strued to deny an owner of property the right to contest 
the confiscation of assets of suspected international terror-
ists under— 
‘‘(A) subsection (a) of this section; 
‘‘(B) the Constitution; or 
‘‘(C) subchapter II of chapter 5 of title 5 (commonly 
known as the ‘Administrative Procedure Act’). 
‘‘(2) SAVINGS
CLAUSE.—Nothing in this section shall 
limit or otherwise affect any other remedies that may be 
available to an owner of property under section 2553 or 
any other provision of law. 
‘‘SUBCHAPTER C—CRIMINAL FORFEITURE 
‘‘Sec. 
‘‘2561.
Offenses giving rise to criminal forfeiture. 
‘‘2562.
Procedures for criminal forfeiture. 
‘‘§ 2561. Offenses giving rise to criminal forfeiture 
‘‘(a) PROPERTY FORFEITED AT TIME OF SENTENCE.—The 
court, when imposing a sentence on a defendant convicted of 
an offense described in subsection (b), shall order the defend-
ant forfeit to the United States all forfeitable property (as de-
fined in section 37) related to the offense. 
‘‘(b) OFFENSES FOR WHICH CRIMINAL FORFEITURE IS TO 
BE ORDERED.—The offenses for which criminal forfeiture shall 
occur under this section are the following: 
‘‘(1) A violation of section 508, 1451, or 1452. 
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‘‘(2) A violation of, or a conspiracy to violate— 
‘‘(A) section 644, 645, 773–775, 779, 801, 803, 804, 
or 1003, affecting a financial institution; 
‘‘(B) section 614, 692–695, 697–702, 712, 717, 781, 
783, 784, 861, 862, or 863; 
‘‘(C) section 654(a)(1) (relating to Federal program 
fraud); 
‘‘(D) section 772 (relating to fraud and false state-
ments); 
‘‘(E) section 788 (relating to major fraud against the 
United States); 
‘‘(F) section 789 (relating to concealment of assets 
from conservator, receiver, or liquidating agent of in-
sured financial institution); 
‘‘(G) section 801 (relating to mail fraud); or 
‘‘(H) section 803 (relating to wire fraud), 
involving the sale of assets acquired or held by the Resolu-
tion Trust Corporation, the Federal Deposit Insurance Cor-
poration, as conservator or receiver for a financial institu-
tion or any other conservator for a financial institution ap-
pointed by the Office of the Comptroller of the Currency 
or the Office of Thrift Supervision, or the National Credit 
Union Administration, as conservator or liquidating agent 
for a financial institution, shall order that the person for-
feit to the United States any property, real or personal, 
which represents or is traceable to the gross receipts ob-
tained, directly or indirectly, as a result of such violation. 
‘‘(3) A violation of— 
‘‘(A) section 718 (altering or removing motor vehicle 
identification numbers); 
‘‘(B) section 866 (importing or exporting stolen 
motor vehicles); 
‘‘(C) section 671 (transporting stolen motor vehicles 
in interstate commerce); or 
‘‘(D) section 672 (possessing or selling a stolen 
motor vehicle that has moved in interstate commerce). 
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‘‘(4) A violation of, or conspiracy to violate, section 
274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and 
Nationality Act or sections 311-316 of this title, or a viola-
tion of, or conspiracy to violate, section 783 of this title if 
committed in connection with passport or visa issuance or 
use. 
‘‘(5) A Federal health care offense. 
‘‘(6) A violation of section 783, 786, 801, 802, 807, or 
804. 
‘‘(7) A violation of section 211, 212, 213, 221, or 222. 
‘‘(8) A violation of section 301, 302, 303, or 320. 
‘‘(9) A violation of chapter 17. 
‘‘(10) A violation of section 631. 
‘‘(11) A violation of section 783, 786, or 794. 
‘‘(12) A violation of section 1307. 
‘‘(13) A violation of subchapter C of chapter 35. 
‘‘(14) A violations or a conspiracy to violate section 787. 
‘‘(15) A violation of 506 of title 17, or section 675, 676, 
678, 679, 680, or subcahpter C of chapter 35. 
‘‘§ 2562. Procedures for criminal forfeiture 
‘‘(a) APPLICATION OF PROCEDURES.—Unless otherwise pro-
vided by law, the procedures set forth in this section govern 
any criminal forfeiture under a law of the United States. 
‘‘(b) THIRD PARTY TRANSFERS.—All right, title, and inter-
est in forfeitable vests in the United States upon the commis-
sion of the act giving rise to forfeiture under this subchapter. 
Any such property that is subsequently transferred to a person 
other than the defendant may be the subject of a special verdict 
of forfeiture and thereafter shall be ordered forfeited to the 
United States, unless the transferee establishes in a hearing 
pursuant to subsection (n) that the transferee is a bona fide 
purchaser for value of such property who at the time of pur-
chase was reasonably without cause to believe that the property 
was subject to forfeiture under this section. 
‘‘(c) REBUTTABLE PRESUMPTION.—There is a rebuttable 
presumption at trial that any property of a person convicted of 
a felony under chapter 17 is subject to forfeiture under this 
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section if the United States establishes by a preponderance of 
the evidence that— 
‘‘(1) such property was acquired by such person during 
the period of the violation or within a reasonable time after 
such period; and 
‘‘(2) there was no likely source for such property other 
than the violation 
‘‘(d) PROTECTIVE ORDERS.— 
‘‘(1) WHEN ISSUED.—Upon application of the United 
States, the court may enter a restraining order or injunc-
tion, require the execution of a satisfactory performance 
bond, or take any other action to preserve the availability 
of property for forfeiture under this section— 
‘‘(A) upon the filing of an indictment or information 
charging a violation for which criminal forfeiture may 
be ordered under this section and alleging that the 
property with respect to which the order is sought 
would, in the event of conviction, be subject to for-
feiture under this section; or 
‘‘(B) prior to the filing of such an indictment or in-
formation, if, after notice to persons appearing to have 
an interest in the property and opportunity for a hear-
ing, the court determines that— 
‘‘(i) there is a substantial probability that the 
United States will prevail on the issue of forfeiture 
and that failure to enter the order will result in the 
property being destroyed, removed from the juris-
diction of the court, or otherwise made unavailable 
for forfeiture; and 
‘‘(ii) the need to preserve the availability of the 
property through the entry of the requested order 
outweighs the hardship on any party against whom 
the order is to be entered. 
‘‘(2) LENGTH.—An order entered pursuant to paragraph 
(1)(B) shall be effective for not more than 90 days, unless 
extended by the court for good cause shown or unless an 
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indictment or information described in paragraph (1)(A) 
has been filed. 
‘‘(3) EX PARTE.—A temporary restraining order under 
this subsection may be entered upon application of the 
United States without notice or opportunity for a hearing 
when an information or indictment has not yet been filed 
with respect to the property, if the United States dem-
onstrates that there is probable cause to believe that the 
property with respect to which the order is sought would, 
in the event of conviction, be subject to forfeiture under 
this section and that provision of notice will jeopardize the 
availability of the property for forfeiture. Such a temporary 
order shall expire not more than ten days after the date on 
which it is entered, unless extended for good cause shown 
or unless the party against whom it is entered consents to 
an extension for a longer period. A hearing requested con-
cerning an order entered under this paragraph shall be held 
at the earliest possible time and prior to the expiration of 
the temporary order. 
‘‘(4) EVIDENCE.—The court may receive and consider, at 
a hearing held pursuant to this subsection, evidence and in-
formation that would be inadmissible under the Federal 
Rules of Evidence. 
‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 
‘‘(A) IN
GENERAL.—Pursuant to its authority to 
enter a pretrial restraining order under this section, the 
court may order a defendant to repatriate any property 
that may be seized and forfeited, and to deposit that 
property pending trial in the registry of the court, or 
with the United States Marshals Service or the Sec-
retary of the Treasury, in an interest-bearing account, 
if appropriate. 
‘‘(B) FAILURE TO COMPLY.—Failure to comply with 
an order under this subsection, or an order to repa-
triate property under subsection (o), shall be punish-
able as a civil or criminal contempt of court, and may 
also result in an enhancement of the sentence of the 
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defendant under the obstruction of justice provision of 
the Federal Sentencing Guidelines. 
‘‘(e) WARRANT OF SEIZURE.—The Government may request 
the issuance of a warrant authorizing the seizure of property 
subject to forfeiture under this section in the same manner as 
provided for a search warrant. If the court determines that 
there is probable cause to believe that the property to be seized 
would, in the event of conviction, be subject to forfeiture and 
that an order under subsection (d) may not be sufficient to as-
sure the availability of the property for forfeiture, the court 
shall issue a warrant authorizing the seizure of such property. 
‘‘(f) EXECUTION.—Upon entry of an order of forfeiture 
under this section, the court shall authorize the Attorney Gen-
eral to seize all property ordered forfeited upon such terms and 
conditions as the court shall deem proper. Following entry of 
an order declaring the property forfeited, the court may, upon 
application of the United States, enter such appropriate re-
straining orders or injunctions, require the execution of satis-
factory performance bonds, appoint receivers, conservators, ap-
praisers, accountants, or trustees, or take any other action to 
protect the interest of the United States in the property or-
dered forfeited. Any income accuring to or derived from prop-
erty ordered forfeited under this section may be used to offset 
ordinary and necessary expenses to the property which are re-
quired by law, or which are necessary to protect the interests 
of the United States or third parties. 
‘‘(g) DISPOSITION OF PROPERTY.—Following the seizure of 
property ordered forfeited under this section, the Attorney Gen-
eral shall direct the disposition of the property by sale of any 
other any other commercially feasible means, making due provi-
sion for the rights of any innocent persons. Any property right 
or interest not exercisable by, or transferable for value to, the 
United States shall expire and shall not revert to the defend-
ant, nor shall the defendant or any person acting in concert 
with or on the behalf of the defendant be eligible to purchase 
forfeited property at any sale held by the United States. Upon 
application of a person, other than the defendant or a person 
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acting in concert with or on the behalf of the defendant, the 
court may restrain or stay the sale or disposition of the prop-
erty pending the conclusion of any appeal of the criminal case 
giving rise to the forfeiture, if the applicant demonstrates that 
proceeding with the sale or disposition of the property will re-
sult in irreparable injury, harm, or loss to the applicant. 
‘‘(h) AUTHORITY OF THE ATTORNEY GENERAL.—With re-
spect to property ordered forfeited under this section, the At-
torney General is authorized to— 
‘‘(1) grant petitions for mitigation or remission of for-
feiture, restore forfeited property to victims of a violation, 
or take any other action to protect the rights of innocent 
persons which is in the interest of justice and which is not 
inconsistent with the provisions of this section; 
‘‘(2) compromise claims arising under this section; 
‘‘(3) award compensation to persons providing informa-
tion resulting in a forfeiture under this section; 
‘‘(4) direct the disposition by the United States, in ac-
cordance with section 511(e) of the Controlled Substances 
Act, of all property ordered forfeited under this section by 
public sale or any other commercially feasible means, mak-
ing due provision for the rights of innocent persons; and 
‘‘(5) take appropriate measures necessary to safeguard 
and maintain property ordered forfeited under this section 
pending its disposition. 
‘‘(i) APPLICABILITY OF CIVIL FORFEITURE PROVISIONS.— 
Except to the extent that they are inconsistent with this sec-
tion, section 511(d) of the Controlled Substances Act applies 
to a criminal forfeiture under this section. 
‘‘(j) BAR ON INTERVENTION.—Except as provided in sub-
section (m), no party claiming an interest in property subject 
to forfeiture under this section may— 
‘‘(1) intervene in a trial or appeal of a criminal case in-
volving the forfeiture of such property under this section; 
or 
‘‘(2) commence an action at law or equity against the 
United States concerning the validity of his alleged interest 
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in the property subsequent to the filing of an indictment 
or information alleging that the property in subject to for-
feiture under this section. 
‘‘(k) JURISDICTION TO ENTER ORDERS.—The district courts 
of the United States shall have jurisdiction to enter orders as 
provided in this section without regard to the location of any 
property which may be subject to forfeiture under this section 
or which has been ordered forfeited under this section. 
‘‘(l) DEPOSITIONS.—In order to facilitate the identification 
and location of property declared forfeited and to facilitate the 
disposition of petitions for remission or mitigation of forfeiture, 
after the entry of an order declaring property forfeited to the 
United States, the court may, upon application of the United 
States, order that the testimony of any witness relating to the 
property forfeited be taken by deposition and that any des-
ignated book, paper, document, record, recording, or other ma-
terial not privileged be produced at the same time any place, 
in the same manner as provided for the taking of depositions 
under Rule 15 of the Federal Rules of Criminal Procedure. 
‘‘(m) THIRD PARTY INTERESTS.—(1) Following the entry of 
an order of forfeiture under this section, the United States 
shall publish notice of the order and of its intent to dispose of 
the property in such manner as the Attorney General may di-
rect. The Government may also, to the extent practicable, pro-
vide direct written notice to any person known to have alleged 
an interest in the property that is the subject of the order of 
forfeiture as a substitute for published notice as to those per-
sons so notified. 
‘‘(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited to the 
United States pursuant to this section may, within thirty days 
of the final publication of notice or his receipt of notice under 
paragraph (1), whichever is earlier, petition the court for a 
hearing to adjudicate the validity of his alleged interest in the 
property. The hearing shall be held before the court alone, 
without a jury. 
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‘‘(3) The petition shall be signed by the petitioner under pen-
alty of perjury and shall set forth the nature and extent of the 
petitioner’s right, title, or interest in the property, the time and 
circumstances of the petitioner’s acquisition of the right, title, 
or interest in the property, and additional facts supporting the 
petitioner’s claim, and the relief sought. 
‘‘(4) The hearing on the petition shall, to the extent prac-
ticable and consistent with the interests of justice, be held with-
in thirty days of the filing of the petition. The court may con-
solidate the hearing on the petition with a hearing on any other 
petition filed by a person other than the defendant under this 
subsection. 
‘‘(5) At the hearing, the petitioner may testify and present 
evidence and witnesses on his own behalf, and cross-examine 
witnesses who appear at the hearing. The United States may 
present evidence and witnesses in rebuttal and in defense of 
this claim to the property and cross-examine witnesses who ap-
pear at the hearing, the court shall consider the relevant por-
tions of the record of the criminal case which resulted in the 
order of forfeiture. 
‘‘(6) If, after the hearing, the court determines that the peti-
tioner has established by a preponderance of the evidence 
that— 
‘‘(A) the petitioner has a legal right, title, or interest in 
the property, and such right, title, or interest renders the 
order of forfeiture invalid in whole or in part because the 
right, title, or interest was vested in the petitioner rather 
than the defendant or was superior to any right, title, or 
interest of the defendant at the time of the commission of 
the acts which gave rise to the forfeiture of the property 
under the section; or 
‘‘(B) the petitioner is a bona fide purchaser for value of 
the right, title, or interest in the property and was at the 
time of purchase reasonably without cause to believe that 
the property was subject to forfeiture under this section; 
the court shall amend the order of forfeiture in accordance with 
its determination. 
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‘‘(7) Following the court’s disposition of all petitions filed 
under this subsection, or if no such petitions are filed following 
the expiration of the period provided in paragraph (2) for the 
filing of such petitions, the United States shall have clear title 
to property that is the subject of the order of forfeiture and 
may warrant good title to any subsequent purchaser or trans-
feree. 
‘‘(n) RULE OF CONSTRUCTION.—This section shall be lib-
erally construed to effectuate its remedial purposes. 
‘‘(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 
‘‘(1) IN
GENERAL.—Paragraph (2) of this subsection 
shall apply, if any property described in subsection (a), as 
a result of any act or omission of the defendant— 
‘‘(A) cannot be located upon the exercise of due dili-
gence; 
‘‘(B) has been transferred or sold to, or deposited 
with, a third party; 
‘‘(C) has been placed beyond the jurisdiction of the 
court; 
‘‘(D) has been substantially diminished in value; or 
‘‘(E) has been commingled with other property which 
cannot be divided without difficulty. 
‘‘(2) SUBSTITUTE PROPERTY.—In any case described in 
any of subparagraphs (A) through (E) of paragraph (1), 
the court shall order the forfeiture of any other property 
of the defendant, up to the value of any property described 
in subparagraphs (A) through (E) of paragraph (1), as ap-
plicable. 
‘‘(3) RETURN OF PROPERTY TO JURISDICTION.—In the 
case of property described in paragraph (1)(C), the court 
may, in addition to any other action authorized by this sub-
section, order the defendant to return the property to the 
jurisdiction of the court so that the property may be seized 
and forfeited. 
‘‘(4) LIMITATION.—This subsection shall not be used to 
order a defendant to forfeit assets in place of the actual 
property laundered where such defendant acted merely as 
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an intermediary who handled but did not retain the prop-
erty in the course of the money laundering offense unless 
the defendant, in committing the offense or offenses giving 
rise to the forfeiture, conducted three or more separate 
transactions involving a total of $100,000 or more in any 
twelve month period. 
‘‘(p) SPECIAL RESTITUTION.—The court, when sentencing a 
defendant convicted of an offense under chapter 17 involving 
the manufacture, the possession, or the possession with intent 
to distribute, of amphetamine or methamphetamine, shall— 
‘‘(1) order restitution as provided in sections 3612 and 
3664; 
‘‘(2) order the defendant to reimburse the United States, 
the State or local government concerned, or both the 
United States and the State or local government concerned 
for the costs incurred by the United States or the State or 
local government concerned, as the case may be, for the 
cleanup associated with the manufacture of amphetamine 
or methamphetamine by the defendant, or on premises or 
in property that the defendant owns, resides, or does busi-
ness in; and 
‘‘(3) order restitution to any person injured as a result 
of the offense as provided in section 3663A.’’. 
SEC. 3. CONFORMING REPEALS. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act is amended by striking all of the 
sections in part D, except sections 412 (relating to appli-
cation of treaties and other international agreements) and 
421 (relating to denial of Federal benefits to drug traf-
fickers and possessors). 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—The Controlled Substances Import and Export Act 
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is amended by striking sections 1002 (relating to importa-
tion of controlled substances) and 1003 (exportation of 
controlled substances). 
(c) ATOMIC ENERGY ACT OF 1954.—The Atomic En-
ergy Act of 1954 is amended— 
(1) by striking sections 92, 221, 224, 225, 226, 
227, and 235; 
(2) by striking subsections a. and b. of section 
57; 
(3) in section 222 a., by striking ‘‘57 or’’; and 
(4) by striking subsection b. of section 222. 
(d) ADDITIONAL CONFORMING REPEALS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Attorney General shall submit to Congress proposed 
legislation repealing additional provisions of law that have 
been rendered superfluous by the enactment of this Act. 
SEC. 4. CROSS REFERENCES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall submit to 
Congress proposed legislation correcting cross references 
in other laws to provisions of law that have been amended 
or repealed by this Act. 
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SEC. 5. SUNSET OF PROVISION RELATING TO FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
Effective December 31, 2012, except as provided by 
section 404 of the FISA Amendments Act of 2008, section 
1492(b)(1)(B)(ii) of title 18, United States Code, is 
amended by striking ‘‘or a court order pursuant to section 
704 of the Foreign Intelligence Surveillance Act of 1978’’. 
SEC. 6. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258A (RELATING TO REPORTING RE-
QUIREMENTS OF ELECTRONIC COMMUNICA-
TION SERVICE PROVIDERS AND REMOTE 
COMPUTING SERVICE PROVIDERS). 
(a) DUTY TO REPORT.— 
(1) IN GENERAL.—Whoever, while engaged in 
providing an electronic communication service or a 
remote computing service to the public through a fa-
cility or means of interstate or foreign commerce, 
obtains actual knowledge of any facts or cir-
cumstances described in paragraph (2) shall, as soon 
as reasonably possible— 
(A) provide to the CyberTipline of the Na-
tional Center for Missing and Exploited Chil-
dren, or any successor to the CyberTipline oper-
ated by such center, the mailing address, tele-
phone number, facsimile number, electronic 
mail address of, and individual point of contact 
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for, such electronic communication service pro-
vider or remote computing service provider; and 
(B) make a report of such facts or cir-
cumstances to the CyberTipline, or any suc-
cessor to the CyberTipline operated by such 
center. 
(2) FACTS OR CIRCUMSTANCES.—The facts or 
circumstances described in this paragraph are any 
facts or circumstances from which there is an appar-
ent violation of— 
(A) section 221, 222, 223, or 224 that in-
volves child pornography; or 
(B) section 1445. 
(b) CONTENTS OF REPORT.—To the extent the infor-
mation is within the custody or control of an electronic 
communication service provider or a remote computing 
service provider, the facts and circumstances included in 
each report under subsection (a)(1) may include the fol-
lowing information: 
(1) INFORMATION ABOUT THE INVOLVED INDI-
VIDUAL.—Information relating to the identity of any 
individual who appears to have violated a Federal 
law described in subsection (a)(2), which may, to the 
extent reasonably practicable, include the electronic 
mail address, Internet Protocol address, uniform re-
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source locator, or any other identifying information, 
including self-reported identifying information. 
(2) HISTORICAL REFERENCE.—Information re-
lating to when and how a customer or subscriber of 
an electronic communication service or a remote 
computing service uploaded, transmitted, or received 
apparent child pornography or when and how appar-
ent child pornography was reported to, or discovered 
by the electronic communication service provider or 
remote computing service provider, including a date 
and time stamp and time zone. 
(3) GEOGRAPHIC LOCATION INFORMATION.— 
(A) IN GENERAL.—Information relating to 
the geographic location of the involved indi-
vidual or website, which may include the Inter-
net Protocol address or verified billing address, 
or, if not reasonably available, at least 1 form 
of geographic identifying information, including 
area code or zip code. 
(B) INCLUSION.—The information de-
scribed in subparagraph (A) may also include 
any geographic information provided to the 
electronic communication service or remote 
computing service by the customer or sub-
scriber. 
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(4) IMAGES
OF
APPARENT
CHILD
PORNOG-
RAPHY.—Any image of apparent child pornography 
relating to the incident such report is regarding. 
(5) COMPLETE
COMMUNICATION.—The com-
plete communication containing any image of appar-
ent child pornography, including— 
(A) any data or information regarding the 
transmission of the communication; and 
(B) any images, data, or other digital files 
contained in, or attached to, the communica-
tion. 
(c) FORWARDING OF REPORT TO LAW ENFORCE-
MENT.— 
(1) IN
GENERAL.—The National Center for 
Missing and Exploited Children shall forward each 
report made under subsection (a)(1) to any appro-
priate law enforcement agency designated by the At-
torney General under subsection (d)(2). 
(2) STATE AND LOCAL LAW ENFORCEMENT.— 
The National Center for Missing and Exploited Chil-
dren may forward any report made under subsection 
(a)(1) to an appropriate law enforcement official of 
a State or political subdivision of a State for the 
purpose of enforcing State criminal law. 
(3) FOREIGN LAW ENFORCEMENT.— 
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(A) IN
GENERAL.—The National Center 
for Missing and Exploited Children may for-
ward any report made under subsection (a)(1) 
to any appropriate foreign law enforcement 
agency designated by the Attorney General 
under subsection (d)(3), subject to the condi-
tions established by the Attorney General under 
subsection (d)(3). 
(B) TRANSMITTAL TO DESIGNATED FED-
ERAL AGENCIES.—If the National Center for 
Missing and Exploited Children forwards a re-
port to a foreign law enforcement agency under 
subparagraph (A), the National Center for 
Missing and Exploited Children shall concur-
rently provide a copy of the report and the 
identity of the foreign law enforcement agency 
to— 
(i) the Attorney General; or 
(ii) the Federal law enforcement agen-
cy or agencies designated by the Attorney 
General under subsection (d)(2). 
(d) ATTORNEY GENERAL RESPONSIBILITIES.— 
(1) IN GENERAL.—The Attorney General shall 
enforce this section. 
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(2) DESIGNATION
OF
FEDERAL
AGENCIES.— 
The Attorney General shall designate promptly the 
Federal law enforcement agency or agencies to 
which a report shall be forwarded under subsection 
(c)(1). 
(3) DESIGNATION
OF
FOREIGN
AGENCIES.— 
The Attorney General shall promptly— 
(A) in consultation with the Secretary of 
State, designate the foreign law enforcement 
agencies to which a report may be forwarded 
under subsection (c)(3); 
(B) establish the conditions under which 
such a report may be forwarded to such agen-
cies; and 
(C) develop a process for foreign law en-
forcement agencies to request assistance from 
Federal law enforcement agencies in obtaining 
evidence related to a report referred under sub-
section (c)(3). 
(4) REPORTING DESIGNATED FOREIGN AGEN-
CIES.—The Attorney General shall maintain and 
make available to the Department of State, the Na-
tional Center for Missing and Exploited Children, 
electronic communication service providers, remote 
computing service providers, the Committee on the 
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Judiciary of the Senate, and the Committee on the 
Judiciary of the House of Representatives a list of 
the foreign law enforcement agencies designated 
under paragraph (3). 
(5) SENSE OF CONGRESS REGARDING DESIGNA-
TION OF FOREIGN AGENCIES.—It is the sense of 
Congress that— 
(A) combating the international manufac-
turing, possession, and trade in online child 
pornography requires cooperation with com-
petent, qualified, and appropriately trained for-
eign law enforcement agencies; and 
(B) the Attorney General, in cooperation 
with the Secretary of State, should make a sub-
stantial effort to expand the list of foreign 
agencies designated under paragraph (3). 
(6) NOTIFICATION TO PROVIDERS.—If an elec-
tronic communication service provider or remote 
computing service provider notifies the National 
Center for Missing and Exploited Children that the 
electronic communication service provider or remote 
computing service provider is making a report under 
this section as the result of a request by a foreign 
law enforcement agency, the National Center for 
Missing and Exploited Children shall— 
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(1) in the case of an initial knowing and willful 
failure to make a report, not more than $150,000; 
and 
(2) in the case of any second or subsequent 
knowing and willful failure to make a report, not 
more than $300,000. 
(f) PROTECTION OF PRIVACY.—Nothing in this sec-
tion shall be construed to require an electronic commu-
nication service provider or a remote computing service 
provider to— 
(1) monitor any user, subscriber, or customer of 
that provider; 
(2) monitor the content of any communication 
of any person described in paragraph (1); or 
(3) affirmatively seek facts or circumstances de-
scribed in subsections (a) and (b). 
(g) CONDITIONS
OF
DISCLOSURE
INFORMATION 
CONTAINED WITHIN REPORT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a law enforcement agency that receives a 
report under subsection (c) shall not disclose any in-
formation contained in that report. 
(2) PERMITTED
DISCLOSURES
BY
LAW
EN-
FORCEMENT.— 
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(A) IN
GENERAL.—A law enforcement 
agency may disclose information in a report re-
ceived under subsection (c)— 
(i) to an attorney for the government 
for use in the performance of the official 
duties of that attorney; 
(ii) to such officers and employees of 
that law enforcement agency, as may be 
necessary in the performance of their in-
vestigative and recordkeeping functions; 
(iii) to such other government per-
sonnel (including personnel of a State or 
subdivision of a State) as are determined 
to be necessary by an attorney for the gov-
ernment to assist the attorney in the per-
formance of the official duties of the attor-
ney in enforcing Federal criminal law; 
(iv) if the report discloses a violation 
of State criminal law, to an appropriate of-
ficial of a State or subdivision of a State 
for the purpose of enforcing such State 
law; 
(v) to a defendant in a criminal case 
or the attorney for that defendant, subject 
to the terms and limitations under section 
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3509(m) of title 18, United States Code, 
or a similar State law, to the extent the in-
formation relates to a criminal charge 
pending against that defendant; 
(vi) subject to subparagraph (B), to 
an electronic communication service pro-
vider or remote computing provider if nec-
essary to facilitate response to legal proc-
ess issued in connection to a criminal in-
vestigation, prosecution, or post-conviction 
remedy relating to that report; and 
(vii) as ordered by a court upon a 
showing of good cause and pursuant to any 
protective orders or other conditions that 
the court may impose. 
(B) LIMITATIONS.— 
(i) LIMITATIONS
ON
FURTHER
DIS-
CLOSURE.—The electronic communication 
service provider or remote computing serv-
ice provider shall be prohibited from dis-
closing the contents of a report provided 
under subparagraph (A)(vi) to any person, 
except as necessary to respond to the legal 
process. 
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(ii) EFFECT.—Nothing in subpara-
graph (A)(vi) authorizes a law enforcement 
agency to provide child pornography im-
ages to an electronic communications serv-
ice provider or a remote computing service. 
(3) PERMITTED
DISCLOSURES
BY
THE
NA-
TIONAL
CENTER
FOR
MISSING
AND
EXPLOITED 
CHILDREN.—The National Center for Missing and 
Exploited Children may disclose information received 
in a report under subsection (a) only— 
(A) to any Federal law enforcement agency 
designated by the Attorney General under sub-
section (d)(2); 
(B) to any State, local, or tribal law en-
forcement agency involved in the investigation 
of child pornography, child exploitation, kidnap-
ping, or enticement crimes; 
(C) to any foreign law enforcement agency 
designated by the Attorney General under sub-
section (d)(3); and 
(D) to an electronic communication service 
provider or remote computing service provider 
as described in section 8. 
(h) PRESERVATION.— 
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(1) IN GENERAL.—For the purposes of this sec-
tion, the notification to an electronic communication 
service provider or a remote computing service pro-
vider by the CyberTipline of receipt of a report 
under subsection (a)(1) shall be treated as a request 
to preserve, as if such request was made pursuant 
to section 2703(f) of title 18, United States Code. 
(2) PRESERVATION OF REPORT.—Pursuant to 
paragraph (1), an electronic communication service 
provider or a remote computing service shall pre-
serve the contents of the report provided pursuant to 
subsection (b) for 90 days after such notification by 
the CyberTipline. 
(3) PRESERVATION OF COMMINGLED IMAGES.— 
Pursuant to paragraph (1), an electronic commu-
nication service provider or a remote computing 
service shall preserve any images, data, or other dig-
ital files that are commingled or interspersed among 
the images of apparent child pornography within a 
particular communication or user-created folder or 
directory. 
(4) PROTECTION OF PRESERVED MATERIALS.— 
An electronic communications service or remote com-
puting service preserving materials under this sec-
tion shall maintain the materials in a secure location 
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and take appropriate steps to limit access by agents 
or employees of the service to the materials to that 
access necessary to comply with the requirements of 
this subsection. 
(5) AUTHORITIES
AND
DUTIES
NOT
AF-
FECTED.—Nothing in this section shall be construed 
as replacing, amending, or otherwise interfering with 
the authorities and duties under section 2703 of title 
18, United States Code. 
SEC. 7. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258B (RELATING TO LIMITED LIABIL-
ITY 
FOR 
ELECTRONIC 
COMMUNICATION 
SERVICE PROVIDERS, REMOTE COMPUTING 
SERVICE PROVIDERS, OR DOMAIN NAME REG-
ISTRAR). 
(a) IN GENERAL.—Except as provided in subsection 
(b), a civil claim or criminal charge against an electronic 
communication service provider, a remote computing serv-
ice provider, or domain name registrar, including any di-
rector, officer, employee, or agent of such electronic com-
munication service provider, remote computing service 
provider, or domain name registrar arising from the per-
formance of the reporting or preservation responsibilities 
of such electronic communication service provider, remote 
computing service provider, or domain name registrar 
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under this section, section 6, or section 8 may not be 
brought in any Federal or State court. 
(b) INTENTIONAL, RECKLESS, OR
OTHER
MIS-
CONDUCT.—Subsection (a) shall not apply to a claim if 
the electronic communication service provider, remote 
computing service provider, or domain name registrar, or 
a director, officer, employee, or agent of that electronic 
communication service provider, remote computing service 
provider, or domain name registrar— 
(1) engaged in intentional misconduct; or 
(2) acted, or failed to act— 
(A) with actual malice; 
(B) with reckless disregard to a substantial 
risk of causing physical injury without legal jus-
tification; or 
(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, sections 6, or 8 or under 
section 2702 or 2703 of title 18, United States 
Code. 
(c) MINIMIZING ACCESS.—An electronic communica-
tion service provider, a remote computing service provider, 
and domain name registrar shall— 
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(1) minimize the number of employees that are 
provided access to any image provided under section 
6 or 8; and 
(2) ensure that any such image is permanently 
destroyed, upon a request from a law enforcement 
agency to destroy the image. 
SEC. 8. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258C (RELATING TO USE TO COMBAT 
CHILD PORNOGRAPHY OF TECHNICAL ELE-
MENTS RELATING TO IMAGES REPORTED TO 
THE CYBERTIPLINE). 
(a) ELEMENTS.— 
(1) IN
GENERAL.—The National Center for 
Missing and Exploited Children may provide ele-
ments relating to any apparent child pornography 
image of an identified child to an electronic commu-
nication service provider or a remote computing 
service provider for the sole and exclusive purpose of 
permitting that electronic communication service 
provider or remote computing service provider to 
stop the further transmission of images. 
(2) INCLUSIONS.—The elements authorized 
under paragraph (1) may include hash values or 
other unique identifiers associated with a specific 
image, Internet location of images, and other tech-
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nological elements that can be used to identify and 
stop the transmission of child pornography. 
(3) 
EXCLUSION.—The 
elements 
authorized 
under paragraph (1) may not include the actual im-
ages. 
(b) USE BY ELECTRONIC COMMUNICATION SERVICE 
PROVIDERS
AND REMOTE COMPUTING SERVICE PRO-
VIDERS.—Any electronic communication service provider 
or remote computing service provider that receives ele-
ments relating to any apparent child pornography image 
of an identified child from the National Center for Missing 
and Exploited Children under this section may use such 
information only for the purposes described in this section, 
provided that such use shall not relieve that electronic 
communication service provider or remote computing serv-
ice provider from its reporting obligations under section 
6. 
(c) LIMITATIONS.—Nothing in subsections (a) or (b) 
requires electronic communication service providers or re-
mote computing service providers receiving elements relat-
ing to any apparent child pornography image of an identi-
fied child from the National Center for Missing and Ex-
ploited Children to use the elements to stop the further 
transmission of the images. 
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(d) PROVISION OF ELEMENTS TO LAW ENFORCE-
MENT.—The National Center for Missing and Exploited 
Children shall make available to Federal, State, and local 
law enforcement involved in the investigation of child por-
nography crimes elements, including hash values, relating 
to any apparent child pornography image of an identified 
child reported to the National Center for Missing and Ex-
ploited Children. 
(e) USE
BY LAW ENFORCEMENT.—Any Federal, 
State, or local law enforcement agency that receives ele-
ments relating to any apparent child pornography image 
of an identified child from the National Center for Missing 
and Exploited Children under subsection (d) may use such 
elements only in the performance of the official duties of 
that agency to investigate child pornography crimes. 
SEC. 9. REENACTMENT OUTSIDE TITLE 18 OF FORMER SEC-
TION 2258D (RELATING TO LIMITED LIABIL-
ITY FOR THE NATIONAL CENTER FOR MISS-
ING AND EXPLOITED CHILDREN). 
(a) IN GENERAL.—Except as provided in subsections 
(b) and (c), a civil claim or criminal charge against the 
National Center for Missing and Exploited Children, in-
cluding any director, officer, employee, or agent of such 
center, arising from the performance of the CyberTipline 
responsibilities or functions of such center, as described 
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in this section, section 6 or 8, or section 404 of the Miss-
ing Children’s Assistance Act (42 U.S.C. 5773), or from 
the effort of such center to identify child victims may not 
be brought in any Federal or State court. 
(b) INTENTIONAL, RECKLESS, OR
OTHER
MIS-
CONDUCT.—Subsection (a) shall not apply to a claim or 
charge if the National Center for Missing and Exploited 
Children, or a director, officer, employee, or agent of such 
center— 
(1) engaged in intentional misconduct; or 
(2) acted, or failed to act— 
(A) with actual malice; 
(B) with reckless disregard to a substantial 
risk of causing injury without legal justification; 
or 
(C) for a purpose unrelated to the per-
formance of any responsibility or function 
under this section, section 6 or 8, or section 
404 of the Missing Children’s Assistance Act 
(42 U.S.C. 5773). 
(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 
(a) shall not apply to an act or omission relating to an 
ordinary business activity, including general administra-
tion or operations, the use of motor vehicles, or personnel 
management. 
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(d) MINIMIZING ACCESS.—The National Center for 
Missing and Exploited Children shall— 
(1) minimize the number of employees that are 
provided access to any image provided under section 
6; and 
(2) ensure that any such image is permanently 
destroyed upon notification from a law enforcement 
agency. 
SEC. 10. REENACTMENT OUTSIDE TITLE 18 OF FORMER 
SECTION 2258E (RELATING TO DEFINITIONS). 
In sections 6 through 9— 
(1) the terms ‘‘attorney for the government’’ 
and ‘‘State’’ have the meanings given those terms in 
rule 1 of the Federal Rules of Criminal Procedure; 
(2) the term ‘‘electronic communication service’’ 
has the meaning given that term in section 2510 of 
title 18, United States Code; 
(3) the term ‘‘electronic mail address’’ has the 
meaning given that term in section 3 of the CAN– 
SPAM Act of 2003 (15 U.S.C. 7702); 
(4) the term ‘‘Internet’’ has the meaning given 
that term in section 1101 of the Internet Tax Free-
dom Act (47 U.S.C. 151 note); 
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(5) the term ‘‘remote computing service’’ has 
the meaning given that term in section 2711 of title 
18, United States Code; and 
(6) the term ‘‘website’’ means any collection of 
material placed in a computer server-based file ar-
chive so that it is publicly accessible, over the Inter-
net, using hypertext transfer protocol or any suc-
cessor protocol. 
SEC. 11. TRANSFER TO PART II OF TITLE 18, UNITED 
STATES CODE, OF CERTAIN PROCEDURAL 
AND RELATED PROVISIONS. 
(a) Part II of title 18, United States Code, is amend-
ed by inserting after chapter 206 the following: 
‘‘CHAPTER 206A—PROCEDURAL AND RE-
LATED PROVISIONS PERTAINING TO 
INTERCEPTION OF COMMUNICATIONS 
‘‘Sec. 
‘‘3119. Prohibition of use as evidence of intercepted wire or oral communica-
tions. 
‘‘3119A. Authorization for interception of wire, oral, or electronic communica-
tions. 
‘‘3119B. Authorization for disclosure and use of intercepted wire, oral, or elec-
tronic communications. 
‘‘3119C. Procedure for interception of wire, oral, or electronic communications. 
‘‘3119D. Reports concerning intercepted wire, oral, or electronic communica-
tions. 
‘‘3119E. Recovery of civil damages authorized. 
‘‘3119F. Injunction against illegal interception. 
‘‘3119G. Enforcement of the Communications Assistance for Law Enforcement 
Act. 
‘‘3119H. Definitions. 
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‘‘§ 3119. Prohibition of use as evidence of intercepted 
wire or oral communications 
‘‘Whenever any wire or oral communication has been 
intercepted, no part of the contents of such communica-
tion and no evidence derived therefrom may be received 
in evidence in any trial, hearing, or other proceeding in 
or before any court, grand jury, department, officer, agen-
cy, regulatory body, legislative committee, or other author-
ity of the United States, a State, or a political subdivision 
thereof if the disclosure of that information would be in 
violation of this chapter. 
‘‘§ 3119A. Authorization for interception of wire, oral, 
or electronic communications 
‘‘(a) FEDERAL PROSECUTORS.—The Attorney General, 
Deputy Attorney General, Associate Attorney General, or 
any Assistant Attorney General, any acting Assistant At-
torney General, or any Deputy Assistant Attorney General 
or acting Deputy Assistant Attorney General in the Crimi-
nal Division specially designated by the Attorney General, 
may authorize an application to a Federal judge of com-
petent jurisdiction for, and such judge may grant in con-
formity with section 3119C an order authorizing or ap-
proving the interception of wire or oral communications 
by the Federal Bureau of Investigation, or a Federal agen-
cy having responsibility for the investigation of the offense 
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as to which the application is made, when such intercep-
tion may provide or has provided evidence of— 
‘‘(1) any felony offense under sections 271 
through 275, or under any of the following sub-
chapters of this title: subchapter C of chapter 10 
(relating to kidnapping), subchapter A of chapter 15 
(relating to treason), subchapter E of chapter 15 
(relating to espionage), subchapter E of chapter 21 
(relating to biological weapons), subchapter N of 
chapter 29 (relating to malicious mischief), sub-
chapter A of chapter 31 (relating to piracy), or sub-
chapter C of chapter 35 (relating to protection of 
trade secrets); 
‘‘(2) a violation of section 186 or section 501(c) 
of title 29, (dealing with restrictions on payments 
and loans to labor organizations), or any offense 
which involves murder, kidnapping, robbery, or ex-
tortion, and which is punishable under this title; 
‘‘(3) any offense which is punishable under the 
following sections of this title: sections 102, 112, 
121, 131 (relating to murder, assault, kidnapping, 
and threatening or retaliating against a Federal offi-
cial), section 123 (relating to hostage taking), , sec-
tions 211, 212, 213 and 214 (relating to transpor-
tation for illegal sexual activity and related crimes), 
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sections 221 (relating to sexual exploitation of chil-
dren), section 222 (relating to selling or buying of 
children), section 223 (certain activities relating to 
materials involving the sexual exploitation of chil-
dren and child pornography), section 311 (relating 
to false statements in passport applications), section 
312 (relating to forgery or false use of passports), 
section 313 (relating to misuse of passports), or sec-
tion 314 (relating to fraud and misuse of visas, per-
mits, and other documents), section 315 (relating to 
the procurement of citizenship or nationalization un-
lawfully), section 316 (relating to the sale of natu-
ralization or citizenship papers), section 501 (inter-
ference with commerce by threats or violence), sec-
tion 502 (interstate and foreign travel or transpor-
tation in aid of racketeering enterprises), 504 (offer, 
acceptance, or solicitation to influence operations of 
employee benefit plan), section 505 (prohibition of 
business enterprises of gambling), section 506 (relat-
ing to use of interstate commerce facilities in the 
commission of murder for hire), section 507 (relat-
ing to violent crimes in aid of racketeering activity), 
section section 513 (violations with respect to rack-
eteer influenced and corrupt organizations), section 
547 (theft from interstate shipment), section 571 
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(relating to arson), section 593 (relating to 
possesion of firearms and dangerous weapons in 
Federal facilities), section 601 (relating to prohib-
ited transactions involving nuclear materials), sub-
section (d), (e), (f), (g), (h), or (i) of section 614 
(unlawful use of explosives), section 621 (relating to 
biological weapons), section 624 (relating to variola 
virus), section 651 (embezzlement from pension and 
welfare funds), sections 671, 672, 673, and 674 
(interstate transportation of stolen property), section 
682 (relating to trafficking in certain motor vehicles 
or motor vehicle parts), section 779 (relating to 
loans and credit applications generally; renewals and 
discounts), a felony violation of section 783 (relating 
to production of false identification documentation), 
section 786 (relating to fraud and related activity in 
connection with access devices), a felony violation of 
section 787 (relating to computer fraud and abuse), 
section 801 (relating to mail fraud), section 803 
(fraud by wire, radio, or television), section 804 (re-
lating to bank fraud), section 924 (relating to con-
spiracy to kill, kidnap, maim, or injure persons or 
damage property in a foreign), section 991 (bribery 
of public officials and witnesses), section 1003 (re-
lating to bribery of bank officials), section 1005 
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(bribery in sporting contests), section 1071 (relating 
to escape), sections 1132, 1137, and 1138 (influ-
encing or injuring an officer, juror, or witness gen-
erally), section 1135 (obstruction of criminal inves-
tigations), section 1136 (obstruction of State or local 
law enforcement), section 1265 (sex trafficking of 
children by force, fraud, or coercion), section 1291 
(relating to torture); section 1301 (relating to de-
struction of aircraft or aircraft facilities), 1306 (re-
lating to violence at international airports), section 
1307 (relating to aircraft parts fraud), section 1302 
(relating to destruction of motor vehicles or motor 
vehicle facilities), section 1331 (relating to terrorist 
attacks and other violence against railroad carriers 
and against mass transportation systems on land, on 
water, or through the air), section 1451 (laundering 
of monetary instruments), section 1452 (relating to 
engaging in monetary transactions in property de-
rived from specified unlawful activity), section 1445 
(relating to child obscenity); 
‘‘(4) any offense involving counterfeiting punish-
able under section 692, 693, or 694 of this title; 
‘‘(5) any offense involving fraud connected with a 
case under title 11 or the manufacture, importation, 
receiving, concealment, buying, selling, or otherwise 
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‘‘(11) any criminal violation of section 2778 of 
title 22 (relating to the Arms Export Control Act); 
‘‘(12) the location of any fugitive from justice 
from an offense described in this section; 
‘‘(13) the location of any fugitive from justice 
from an offense described in this section; 
‘‘(14) a violation of section 274, 277, or 278 of 
the Immigration and Nationality Act (8 U.S.C. 
1324, 1327, or 1328) (relating to the smuggling of 
aliens); 
‘‘(15) any felony violation of sections 582 and 
584; 
‘‘(16) any violation of section 5861 of the Internal 
Revenue Code of 1986 (relating to firearms); 
‘‘(17) a felony violation of section 783 (relating to 
production of false identification documents), section 
784 (relating to aggrivated identity theft), section 
311 (relating to false statements in passport applica-
tions), section 314 (relating to fraud and misuse of 
visas, permits, and other documents) of this title or 
a violation of section 274, 277, or 278 of the Immi-
gration and Nationality Act (relating to the smug-
gling of aliens); 
‘‘(18) any criminal violation of section 631 (relat-
ing to chemical weapons); or sections 271, 273, 274, 
VerDate Nov 24 2008 
04:46 Apr 01, 2009
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H1772
smartinez on PROD1PC70 with BILLS