1100 
‘‘(ii) the steps the claimant has taken to 
secure release of the property from the appro-
priate official. 
‘‘(4) If the Government establishes that the 
claimant’s claim is frivolous, the court shall deny the 
petition. In responding to a petition under this sub-
section 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 pe-
tition 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 
requirements of paragraph (1) have been met, 
the district court shall order that the property be re-
turned to the claimant, pending completion of pro-
ceedings by the Government to obtain forfeiture of 
the property. 
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1101 
‘‘(7) If the court grants a petition under para-
graph (3)— 
‘‘(A) the court may enter any order nec-
essary to ensure that the value of the property 
is maintained while the forfeiture action is 
pending, including— 
‘‘(i) 
permitting 
the 
inspection, 
photographing, and inventory of the prop-
erty; 
‘‘(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 maintain insurance on the subject prop-
erty; and 
‘‘(B) the Government may place a lien 
against the property or file a lis pendens to en-
sure that the property is not transferred to an-
other person. 
‘‘(8) This subsection does not apply if the 
seized property— 
‘‘(A) is contraband, currency, or other 
monetary instrument, or electronic funds unless 
such currency or other monetary instrument or 
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1102 
electronic funds constitutes the assets of a le-
gitimate business which has been seized; 
‘‘(B) is to be used as evidence of a viola-
tion of the law; 
‘‘(C) by reason of design or other char-
acteristic, is particularly suited for use in illegal 
activities; or 
‘‘(D) is likely to be used to commit addi-
tional criminal acts if returned to the claimant. 
‘‘(g) PROPORTIONALITY.— 
‘‘(1) The claimant under subsection (a)(4) may 
petition the court to determine whether the for-
feiture was constitutionally excessive. 
‘‘(2) In making this determination, the court 
shall compare the forfeiture to the gravity of the of-
fense giving rise to the forfeiture. 
‘‘(3) The claimant shall have the burden of es-
tablishing that the forfeiture is grossly dispropor-
tional by a preponderance of the evidence at a hear-
ing conducted by the court without a jury. 
‘‘(4) If the court finds that the forfeiture is 
grossly disproportional 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 Constitution. 
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1103 
‘‘(h) CIVIL FINE.— 
‘‘(1) In any civil forfeiture proceeding under a 
civil forfeiture statute in which the Government pre-
vails, if the court finds that the claimant’s assertion 
of an interest in the property was frivolous, the 
court may impose a civil fine on the claimant of an 
amount equal to 10 percent of the value of the for-
feited property, but in no event shall the fine be less 
than $250 or greater than $5,000. 
‘‘(2) Any civil fine imposed under this sub-
section 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 de-
tained 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 cir-
cumstances. 
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1104 
‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In 
this section, the term ‘civil forfeiture statute’— 
‘‘(1) means any provision of Federal law pro-
viding for the forfeiture of property other than as a 
sentence imposed upon conviction of a criminal of-
fense; 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 Cos-
metic Act; 
‘‘(D) the Trading with the Enemy Act or 
the International Emergency Economic Powers 
Act (IEEPA); or 
‘‘(E) section 1 of title VI of the Act of 
June 15, 1917 (40 Stat. 233). 
‘‘(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 receiverships, appoint conservators, 
custodians, appraisers, accountants, or trustees, or 
take any other action to seize, secure, maintain, or 
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1105 
preserve the availability of property subject to civil 
forfeiture— 
‘‘(A) upon the filing of a civil forfeiture 
complaint alleging that the property with re-
spect to which the order is sought is subject to 
civil forfeiture; or 
‘‘(B) prior to the filing of such a com-
plaint, if, after notice to persons appearing to 
have an interest in the property and oppor-
tunity for a hearing, 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 jurisdiction of 
the court, or otherwise made unavailable 
for forfeiture; and 
‘‘(ii) the need to preserve the avail-
ability 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, 
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1106 
unless extended by the court for good cause shown, 
or unless a complaint 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 without notice or opportunity for a 
hearing when a complaint 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 is subject to civil forfeiture and that provi-
sion of notice will jeopardize the availability of the 
property for forfeiture. Such a temporary order shall 
expire not more than 14 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 hear-
ing requested concerning an order entered 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 Evidence. 
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1107 
‘‘§ 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 Gov-
ernment to identify the specific property in-
volved in the offense that is the basis for the 
forfeiture; and 
‘‘(B) it shall not be a defense that the 
property involved in such an offense has been 
removed and replaced by identical property. 
‘‘(2) Except as provided in subsection (b), any 
identical property found in the same place or ac-
count as the property involved in the offense that is 
the basis for the forfeiture shall be subject to for-
feiture under this section. 
‘‘(b) LIMITATION.—No action pursuant to this sec-
tion to forfeit 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 account unless the account holder know-
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1108 
ingly engaged in the offense that is the basis for the 
forfeiture. 
‘‘(2) In this subsection— 
‘‘(A) the term ‘financial institution’ in-
cludes a foreign bank (as defined in section 
1(b)(7) of the International Banking Act of 
1978); and 
‘‘(B) the term ‘interbank account’ means 
an account held by one financial institution at 
another financial institution primarily for the 
purpose of facilitating customer 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 giv-
ing rise to the forfeiture 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 interests in real property shall proceed as judicial for-
feitures. 
‘‘(b) PRELIMINARY MATTERS.— 
‘‘(1) Except as provided in this section— 
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1109 
‘‘(A) real property that is the subject of a 
civil forfeiture 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 prop-
erty that is the subject of a pending forfeiture 
action. 
‘‘(2) The filing of a lis pendens and the execu-
tion of a writ of entry for the purpose of conducting 
an inspection and inventory of the property shall not 
be considered a seizure under this subsection. 
‘‘(c) INITIATION.— 
‘‘(1) The Government shall initiate a civil for-
feiture action against real property by— 
‘‘(A) filing a complaint for forfeiture; 
‘‘(B) posting a notice of the complaint on 
the property; 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 notice under paragraph (1) because the 
owner— 
‘‘(A) is a fugitive; 
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1110 
‘‘(B) resides outside the United States and 
efforts at service pursuant to rule 4 of the Fed-
eral 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 lo-
cated. 
‘‘(3) If real property has been posted in accord-
ance 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 jurisdic-
tion 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 intends 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 
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1111 
the property owner has a meaningful op-
portunity to be heard; or 
‘‘(ii) makes an ex parte determination 
that there is probable cause for the for-
feiture and that there are exigent cir-
cumstances that permit the Government 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 Government’s interests in pre-
venting the sale, destruction, or continued unlawful 
use of the real property. 
‘‘(e) POST-SEIZURE HEARING.—If the court author-
izes a seizure of real property under subsection 
(d)(1)(B)(ii), it shall conduct a prompt post-seizure hear-
ing during which the property owner shall have an oppor-
tunity 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; 
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‘‘(2) does not apply to forfeitures of the pro-
ceeds of the sale of such property or interests, or of 
money or other assets intended to be used to acquire 
such property or interests; 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 commence-
ment 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 institu-
tion, as defined in section 5312(a) of title 31, to produce 
books, records and any other documents at any place des-
ignated by the requesting party. All parties to the pro-
ceeding shall be notified of the issuance of any such sub-
poena. The procedures and limitations set forth in section 
2555 shall apply to subpoenas issued under this section. 
‘‘(b) SERVICE.—Service of a subpoena issued pursu-
ant to this section shall be by certified mail. Records pro-
duced in response to such a subpoena may be produced 
in person or by mail, common carrier, or such other meth-
od as may be agreed upon by the party requesting the 
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1113 
subpoena and the custodian of records. The party request-
ing the subpoena may require the custodian of records to 
submit an affidavit certifying the authenticity and com-
pleteness of the records and explaining the omission of any 
record called for in the subpoena. 
‘‘(c) DISCOVERY.—Nothing in this section precludes 
any party from pursuing any form of discovery pursuant 
to the Federal Rules of Civil Procedure. 
‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURIS-
DICTIONS.— 
‘‘(1) IN GENERAL.—In any civil forfeiture case, 
or in any ancillary proceeding in any criminal for-
feiture case involving a violation of Chapter 17 pun-
ishable by imprisonment by more than one year, in 
which— 
‘‘(A) financial records located in a foreign 
country may be material— 
‘‘(i) to any claim or to the ability of 
the Government 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 claim-
ant to waive the claimant’s rights under appli-
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1114 
cable financial secrecy laws, or to obtain the 
records so that such records can be made avail-
able notwithstanding such secrecy laws, 
the refusal of the claimant to provide the records in 
response to a discovery request or to take the action 
necessary otherwise to make the records available 
shall be grounds for judicial sanctions, up to and in-
cluding dismissal of the claim with prejudice. 
‘‘(2) PRIVILEGE.—This subsection does not af-
fect the right of the claimant to refuse production on 
the basis of any privilege guaranteed by the Con-
stitution 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 confiscation of assets of suspected international terror-
ists, 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 
‘‘(2) the innocent owner provisions of section 
2553(d) apply to the case. 
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1115 
‘‘(b) EVIDENCE.—In considering a claim filed under 
this section, 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 Federal Rules of Evidence may jeop-
ardize the national security interests of the United States. 
‘‘(c) CLARIFICATIONS.— 
‘‘(1) PROTECTION OF RIGHTS.—The exclusion 
of certain provisions of Federal law from the defini-
tion of the term ‘civil forfeiture statute’ in section 
2553(i) shall not be construed to deny an owner of 
property the right to contest the confiscation of as-
sets of suspected international terrorists under— 
‘‘(A) subsection (a) of this section; 
‘‘(B) the Constitution; or 
‘‘(C) subchapter II of chapter 5 of title 5. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
limits or otherwise affects any other remedies that 
may be available to an owner of property under sec-
tion 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 SEN-
TENCE.—The court, when imposing a sentence on a de-
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fendant convicted of an offense described in subsection 
(b), shall order the defendant forfeit to the United States 
all forfeitable property (as defined in section 2501) related 
to the offense. 
‘‘(b) OFFENSES FOR WHICH CRIMINAL FORFEITURE 
IS TO BE ORDERED.—The offenses for which criminal for-
feiture shall occur under this section are the following: 
‘‘(1) A violation of section 508, 1451, or 1452. 
‘‘(2) A violation of, or a conspiracy to violate— 
‘‘(A) section 644, 645, 773–775, 779, 801, 
803, 804, or 1003, affecting a financial institu-
tion; 
‘‘(B) section 614, 692–695, 697–702, 712, 
716, 783, 862, or 863; 
‘‘(3) A violation of— 
‘‘(A) section 653(a)(1) (relating to theft or 
bribery concerning programs receiving Federal 
funds); 
‘‘(B) section 772 (relating to fraud and 
false statements); 
‘‘(C) section 788 (relating to major fraud 
against the United States); 
‘‘(D) section 789 (relating to concealment 
of assets from conservator, receiver, or liqui-
dating agent of insured financial institution); 
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‘‘(E) section 801 (relating to mail fraud); 
or 
‘‘(F) section 803 (relating to wire fraud), 
involving the sale of assets acquired or held by the 
Federal Deposit Insurance Corporation, as conser-
vator or receiver for a financial institution or any 
other conservator for a financial institution ap-
pointed by the Office of the Comptroller of the Cur-
rency, or the National Credit Union Administration, 
as conservator or liquidating agent for a financial in-
stitution, shall order that the person forfeit 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 vio-
lation. 
‘‘(4) A violation of— 
‘‘(A) section 717 (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 inter-
state commerce). 
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1118 
‘‘(5) A violation of, or conspiracy to violate, 
274A(a)(1), or 274A(a)(2) of the Immigration and 
Nationality Act, or any of sections 311 through 316, 
section 318(a), section 867 of this title, or a 
vioaltion of, or conspiracy to violate, section 783 of 
this title if committed in connection with passport or 
visa issuance or use. 
‘‘(6) A Federal health care offense. 
‘‘(7) A violation of, or conspiracy to violate, sec-
tion 783, 786, 801, 802, 803, or 804. 
‘‘(8) A violation of chapter 17 punishable by 
imprisonment for more than one year. 
‘‘(9) A violation of section 221, 222, 223, or 
224, or subchapter B of chapter 13. 
‘‘(10) A violation of section 512. 
‘‘(11) A violation of section 783, 786, 787, or 
794. 
‘‘(12) A violation of section 302, 302, 631, or 
927, or subchapter F of chapter 35. 
‘‘(13) A violation of section 675, 676, 677, 678, 
679, 680, or subchapter C of chapter 35. 
‘‘§ 2562. Procedures for criminal forfeiture 
‘‘(a) APPLICATION OF PROCEDURES.—Unless other-
wise provided by law, the procedures set forth in this sec-
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1119 
tion govern any criminal forfeiture under a law of the 
United States. 
‘‘(b) THIRD PARTY TRANSFERS.—All right, title, and 
interest in forfeitable vests in the United States upon the 
commission of the act giving rise to forfeiture under this 
subchapter. Any such property that is subsequently trans-
ferred 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 purchase was reason-
ably without cause to believe that the property was subject 
to forfeiture under this section. 
‘‘(c) REBUTTABLE PRESUMPTION.—There is a rebut-
table presumption at trial that any property of a person 
convicted of a felony under chapter 17 is subject to for-
feiture under this 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 reason-
able time after such period; and 
‘‘(2) there was no likely source for such prop-
erty other than the violation 
‘‘(d) PROTECTIVE ORDERS.— 
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‘‘(1) WHEN ISSUED.—Upon application of the 
United States, the court may enter a restraining 
order or injunction, require the execution of a satis-
factory 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 re-
spect to which the order is sought would, in the 
event of conviction, be subject to forfeiture 
under this section; or 
‘‘(B) prior to the filing of such an indict-
ment or information, if, after notice to persons 
appearing to have an interest in the property 
and opportunity for a hearing, the court deter-
mines 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 jurisdiction of 
the court, or otherwise made unavailable 
for forfeiture; and 
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‘‘(ii) the need to preserve the avail-
ability 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 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 ap-
plication of the United States without notice or op-
portunity for a hearing when an information or in-
dictment 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 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 for-
feiture. Such a temporary order shall expire not 
more than 14 days after the date on which it is en-
tered, unless extended for good cause shown or un-
less the party against whom it is entered consents 
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to an extension for a longer period. A hearing re-
quested concerning 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 sub-
section, evidence and information that would be in-
admissible under the Federal Rules of Evidence. 
‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 
‘‘(A) IN GENERAL.—Pursuant to its au-
thority to enter a pretrial restraining order 
under this section, the court may order a de-
fendant to repatriate any property that may be 
seized and forfeited, and to deposit that prop-
erty pending trial in the registry of the court, 
or with the United States Marshals Service or 
the Secretary 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 repatriate property under sub-
section (o), shall be punishable as a civil or 
criminal contempt of court, and may also result 
in an enhancement of the sentence of the de-
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fendant under the obstruction of justice provi-
sion 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 con-
viction, be subject to forfeiture and that an order under 
subsection (d) may not be sufficient to assure the avail-
ability 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 for-
feiture under this section, the court shall authorize the 
Attorney General 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 restraining orders or in-
junctions, require the execution of satisfactory perform-
ance bonds, appoint receivers, conservators, appraisers, 
accountants, or trustees, or take any other action to pro-
tect the interest of the United States in the property or-
dered forfeited. Any income accruing to or derived from 
property ordered forfeited under this section may be used 
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to offset ordinary and necessary expenses to the property 
which are required by law, or which are necessary to pro-
tect the interests of the United States or third parties. 
‘‘(g) DISPOSITION OF PROPERTY.—Following the sei-
zure of property ordered forfeited under this section, the 
Attorney General shall direct the disposition of the prop-
erty by sale of any other any other commercially feasible 
means, making due provision for the rights of any inno-
cent persons. Any property right or interest not exer-
cisable by, or transferable for value to, the United States 
shall expire and shall not revert to the defendant, nor shall 
the defendant or any person acting in concert with or on 
the behalf of the defendant be eligible to purchase for-
feited property at any sale held by the United States. 
Upon application of a person, other than the defendant 
or a person acting in concert with or on the behalf of the 
defendant, the court may restrain or stay the sale or dis-
position of the property pending the conclusion of any ap-
peal of the criminal case giving rise to the forfeiture, if 
the applicant demonstrates that proceeding with the sale 
or disposition of the property will result in irreparable in-
jury, harm, or loss to the applicant. 
‘‘(h) AUTHORITY OF THE ATTORNEY GENERAL.— 
With respect to property ordered forfeited under this sec-
tion, the Attorney General is authorized to— 
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‘‘(1) grant petitions for mitigation or remission 
of forfeiture, 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 this sec-
tion; 
‘‘(2) compromise claims arising under this sec-
tion; 
‘‘(3) award compensation to persons providing 
information resulting in a forfeiture under this sec-
tion; 
‘‘(4) direct the disposition by the United States, 
in accordance with section 511(e) of the Controlled 
Substances Act, of all property ordered forfeited 
under this section by public sale or any other com-
mercially feasible means, making 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 PROVI-
SIONS.—Except to the extent that they are inconsistent 
with this section, section 2552(g) of this title and section 
511(d) of the Controlled Substances Act apply to a crimi-
nal forfeiture under this section. 
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‘‘(j) BAR ON INTERVENTION.—Except as provided in 
subsection (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 involving 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 in the property subsequent to the 
filing of an indictment or information alleging that 
the property in subject to forfeiture under this sec-
tion. 
‘‘(k) JURISDICTION TO ENTER ORDERS.—The dis-
trict 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 identi-
fication and location of property declared forfeited and to 
facilitate the disposition of petitions for remission or miti-
gation 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 testi-
mony of any witness relating to the property forfeited be 
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taken by deposition and that any designated book, paper, 
document, record, recording, or other material not privi-
leged 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 direct. The Government may also, 
to the extent practicable, provide direct written notice to 
any person known to have alleged an interest in the prop-
erty that is the subject of the order of forfeiture as a sub-
stitute for published notice as to those persons so notified. 
‘‘(2) Any person, other than the defendant, asserting 
a legal interest in property which has been ordered for-
feited 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. 
‘‘(3) The petition shall be signed by the petitioner 
under penalty of perjury and shall set forth the nature 
and extent of the petitioner’s right, title, or interest in 
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the property, the time and circumstances of the peti-
tioner’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 
practicable and consistent with the interests of justice, be 
held within thirty days of the filing of the petition. The 
court may consolidate 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 re-
buttal and in defense of this claim to the property and 
cross-examine witnesses who appear at the hearing, the 
court shall consider the relevant portions of the record of 
the criminal case which resulted in the order of forfeiture. 
‘‘(6) If, after the hearing, the court determines that 
the petitioner has established by a preponderance of the 
evidence that— 
‘‘(A) the petitioner has a legal right, title, or in-
terest in the property, and such right, title, or inter-
est renders the order of forfeiture invalid in whole 
or in part because the right, title, or interest was 
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vested in the petitioner rather than the defendant or 
was superior to any right, title, or interest of the de-
fendant 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 for-
feiture under this section; 
the court shall amend the order of forfeiture in accordance 
with its determination. 
‘‘(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 para-
graph (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 sub-
sequent purchaser or transferee. 
‘‘(n) RULE OF CONSTRUCTION.—This section shall 
be liberally construed to effectuate its remedial purposes. 
‘‘(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 
‘‘(1) IN GENERAL.—Paragraph (2) of this sub-
section applies, if any property described in sub-
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section (a), as a result of any act or omission of the 
defendant— 
‘‘(A) cannot be located upon the exercise of 
due diligence; 
‘‘(B) has been transferred or sold to, or 
deposited with, a third party; 
‘‘(C) has been placed beyond the jurisdic-
tion of the court; 
‘‘(D) has been substantially diminished in 
value; or 
‘‘(E) has been commingled with other 
property which cannot be divided without dif-
ficulty. 
‘‘(2) SUBSTITUTE PROPERTY.—In any case de-
scribed 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 applicable. 
‘‘(3) RETURN
OF
PROPERTY
TO
JURISDIC-
TION.—In the case of property described in para-
graph (1)(C), the court may, in addition to any 
other action authorized by this subsection, order the 
defendant to return the property to the jurisdiction 
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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 defend-
ant acted merely as an intermediary who handled 
but did not retain the property 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 trans-
actions involving a total of $100,000 or more in any 
twelve month period. 
‘‘(p) SPECIAL RESTITUTION.—The court, when sen-
tencing a defendant convicted of an offense under chapter 
17 involving the manufacture, the possession, or the pos-
session with intent to distribute, of amphetamine or meth-
amphetamine, 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 con-
cerned, 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 asso-
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ciated with the manufacture of amphetamine or 
methamphetamine by the defendant, or on premises 
or in property that the defendant owns, resides, or 
does business 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— 
(1) by striking all of the sections in part D, ex-
cept sections 412 (relating to application of treaties 
and other international agreements) and 421 (relat-
ing to denial of Federal benefits to drug traffickers 
and possessors); and 
(2) by striking section 511 (relating to forfeit-
ures). 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—The Controlled Substances Import and Export Act 
is amended by striking sections 1010 (relating to prohib-
ited acts), 1010A (relating to foreign terrorist organiza-
tions, terrorist persons and groups), 1012 (relating to sec-
ond or subsequent offenses), 1013 (relating to attempt 
and conspiracy), and 1017 (relating to criminal forfeit-
ures). 
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(c) IMMIGRATION AND NATIONALITY ACT.—The Im-
migration and Nationality Act is amended by striking sec-
tions 243, 274, 275, 276, and 277. 
(d) ATOMIC ENERGY ACT OF 1954.—The Atomic 
Energy 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. 
(e) CONSUMER CREDIT PROTECTION ACT.—The 
Consumer Credit Protection Act is amended by striking 
sections 134 (relating to fraudulent use of credit card), 
619 (relating to obtaining information under false pre-
tenses), and 620 (relating to unauthorized disclosures by 
officers or employees). 
(f) TITLE 17, UNITED STATES CODE.—Title 17, 
United States Code, is amended by striking section 506 
(relating to copyright infringement criminal offenses). 
(g) TITLE 28, UNITED STATES CODE.—Title 28, 
United States Code, is amended by striking subsection (c) 
of section 1826 (relating to recalcitrant witnesses). 
(h) TITLE 29, UNITED STATES CODE.—Title 29, 
United States Code, is amended by striking subsection (c) 
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of section 501 (relating to fiduciary responsibility of offi-
cers of labor organizations). 
(i) TITLE 31, UNITED STATES CODE.—Title 31, 
United States Code, is amended by striking sections 5324 
(relating to structuring transactions to evade reporting re-
quirement prohibited) and 5332 (relating to bulk cash 
smuggling into or out of the United States). 
(j) TITLE 49, UNITED STATES CODE.—Title 49, 
United States Code, is amended by striking sections 
46502, 46504, 46505, and 46506 (relating to special air-
craft jurisdiction of the United States). 
(k) 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)(i) 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 of title 
18, United States Code, that involves child por-
nography; or 
(B) section 1445 of title 18, United States 
Code. 
(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 
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extent reasonably practicable, include the electronic 
mail address, Internet Protocol address, uniform re-
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 
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computing service by the customer or sub-
scriber. 
(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 
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a State or political subdivision of a State for the 
purpose of enforcing State criminal law. 
(3) FOREIGN LAW ENFORCEMENT.— 
(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.— 
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1140 
(1) IN GENERAL.—The Attorney General shall 
enforce this section. 
(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, 
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electronic communication service providers, remote 
computing service providers, the Committee on the 
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 
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law enforcement agency, the National Center for 
Missing and Exploited Children shall— 
(A) if the Center forwards the report to 
the requesting foreign law enforcement agency 
or another agency in the same country des-
ignated by the Attorney General under para-
graph (3), notify the electronic communication 
service provider or remote computing service 
provider of— 
(i) the identity of the foreign law en-
forcement agency to which the report was 
forwarded; and 
(ii) the date on which the report was 
forwarded; or 
(B) notify the electronic communication 
service provider or remote computing service 
provider if the Center declines to forward the 
report because the Center, in consultation with 
the Attorney General, determines that no law 
enforcement agency in the foreign country has 
been designated by the Attorney General under 
paragraph (3). 
(e) FAILURE TO REPORT.—An electronic communica-
tion service provider or remote computing service provider 
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that knowingly and willfully fails to make a report re-
quired under subsection (a)(1) shall be fined— 
(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. 
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(2) PERMITTED
DISCLOSURES
BY
LAW
EN-
FORCEMENT.— 
(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; 
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(v) to a defendant in a criminal case 
or the attorney for that defendant, subject 
to the terms and limitations under section 
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, 
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1146 
except as necessary to respond to the legal 
process. 
(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. 
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(h) PRESERVATION.— 
(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 3120A(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-
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1148 
tion shall maintain the materials in a secure location 
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 3120A 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 
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1149 
computing service provider, or domain name registrar 
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) does 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, section 6 or 8, or section 
3120 or 3120A 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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1151 
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, 
but such use does not relieve that electronic communica-
tion service provider or remote computing service provider 
from its reporting obligations under section 6. 
(c) LIMITATIONS.—Nothing in subsection (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. 
(d) PROVISION OF ELEMENTS TO LAW ENFORCE-
MENT.—The National Center for Missing and Exploited 
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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 
in this section, section 6 or 8, or section 404 of the Miss-
ing Children’s Assistance Act, or from the effort of such 
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1153 
center to identify child victims may not be brought in any 
Federal or State court. 
(b) INTENTIONAL, RECKLESS, OR
OTHER
MIS-
CONDUCT.—Subsection (a) does 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. 
(c) ORDINARY BUSINESS ACTIVITIES.—Subsection 
(a) does 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. 
(d) MINIMIZING ACCESS.—The National Center for 
Missing and Exploited Children shall— 
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(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 1491 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; 
(4) the term ‘‘Internet’’ has the meaning given 
that term in section 1101 of the Internet Tax Free-
dom Act; 
(5) the term ‘‘remote computing service’’ has 
the meaning given that term in section 3120I of title 
18, United States Code; and 
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(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. REENACTMENT OUTSIDE TITLE 18 OF SUBSECTION 
(F) OF FORMER SECTION 1716E (RELATING TO 
USE OF PENALTIES). 
There is established a separate account in the Treas-
ury, to be known as the ‘‘PACT Postal Service Fund’’. 
Notwithstanding any other provision of law, an amount 
equal to 50 percent of any criminal fines, civil penalties, 
or other monetary penalties collected by the Federal Gov-
ernment in enforcing section 951 of title 18, United States 
Code, shall be transferred into the PACT Postal Service 
Fund and shall be available to the Postmaster General for 
the purpose of enforcing this section. 
SEC. 12. TRANSFER TO PART II OF TITLE 18, UNITED 
STATES CODE, OF CERTAIN PROCEDURAL 
AND RELATED PROVISIONS. 
Part II of title 18, United States Code, is amended— 
(1) by inserting after chapter 205 the following: 
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‘‘CHAPTER 205A—PROCEDURAL AND RE-
LATED PROVISIONS PERTAINING TO 
INTERCEPTION OF COMMUNICATIONS 
‘‘Sec 
‘‘3119. Prohibition of use as evidence of intercepted wire or oral communications 
‘‘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 communications 
‘‘3119E. Recovery of civil damages authorized 
‘‘3119F. Injunction against illegal interception 
‘‘3119G. Enforcement of the Communications Assistance for Law Enforcement 
Act 
‘‘3119H. Definitions 
‘‘§ 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 Gen-
eral, Deputy Attorney General, Associate Attorney Gen-
eral, or any Assistant Attorney General, any acting Assist-
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ant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in 
the Criminal Division specially designated by the Attorney 
General, may authorize an application to a Federal judge 
of competent jurisdiction for, and such judge may grant 
in conformity with section 3119C an order authorizing or 
approving 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 
as to which the application is made, when such intercep-
tion may provide or has provided evidence of— 
‘‘(1) any felony offense under section 272 (re-
lating to atomic weapons), section 783 (relating to 
fraud and related activity in connection with identi-
fication documents, authentication features, and in-
formation), section 787 (relating to fraud and re-
lated activity in connection with computers), sub-
chapter 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), subchapter A of chapter 31 (re-
lating to piracy), subchapter E of chapter 33, or 
subchapter C of chapter 35 (relating to protection of 
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1158 
trade secrets) of this title, or section 236 of the 
Atomic Energy Act of 1954; 
‘‘(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 
paragraph (2), (4), (6), or (7) of section 102 (relat-
ing to Federally punishable homicides), section 112 
(relating to individuals Federally protected from as-
sault) if the victim is an individual whose killing is 
an offense under paragraph (6) or (7) of section 
102, section 121 (relating to kidnapping) if the vic-
tim is an individual whose killing is an offense under 
paragraph (6) or (7) of section 102, section 123 (re-
lating to hostage taking), section 131 (relating to 
threats against officers or employees of the United 
States, and other specially protected persons), sub-
chapter B of chapter 13 (relating to transport for il-
legal sexual activity), section 221 (relating to sexual 
exploitation of children), section 222 (relating to 
selling or buying of children), section 223 (certain 
activities relating to materials involving the sexual 
exploitation of children and child pornography), sec-
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tion 311 (relating to false statement in application 
and use of passport), section 312 (relating to forgery 
or false use of passport), section 313 (relating to 
misuse of passport), section 314 (relating to fraud 
and misuse of visas, permits, and other documents), 
section 315 (relating to procurement of citizenship 
or nationalization unlawfully), section 316 (relating 
to the sale of naturalization or citizenship papers), 
section 501 (interference with commerce by threats 
or violence), section 502 (interstate and foreign trav-
el or transportation in aid of racketeering enter-
prises), 504 (offer, acceptance, or solicitation to in-
fluence operations of employee benefit plan), section 
505 (prohibition of illegal gambling businesses), sec-
tion 506 (relating to use of interstate commerce fa-
cilities in the commission of murder for hire), sec-
tion 507 (relating to violent crimes in aid of racket-
eering activity), section 513 (relating to criminal 
penalties with respect to racketeer influenced and 
corrupt organizations), section 571 (relating to 
arson within special maritime and territorial juris-
diction), section 593 (relating to possession of fire-
arms and dangerous weapons in Federal facilities), 
section 601 (relating to prohibited transactions in-
volving nuclear materials), subsection (d), (e), (f), 
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(g), (h), or (i) of section 614 (relating to penalties 
with respect to unlawful use of explosives), section 
621 (relating to prohibitions with respect to biologi-
cal weapons), section 624 (relating to variola virus), 
section 647 (relating to interstate or foreign ship-
ments by carrier; state prosecutions), section 651 
(theft or embezzlement from employee benefit plan), 
section 671 (relating to transportation of stolen ve-
hicles), section 672 (relating to sale or receipt of sto-
len vehicles), section 673 (relating to transportation 
of stolen goods, securities, moneys, fraudulent State 
tax stamps, or articles used in counterfeiting), sec-
tion 674 (relating to sale or receipt of stolen goods, 
securities, moneys, or fraudulent State tax stamps), 
section 681 (relating to trafficking in certain motor 
vehicles or motor vehicle parts), section 779 (relat-
ing to loan and credit applications generally; renew-
als and discounts; crop insurance), section 786 (re-
lating to fraud and related activity in connection 
with access devices), section 789 (relating to con-
cealment of assets from conservator, receiver, or liq-
uidating agent of financial institution), section 801 
(relating to mail fraud), section 803 (fraud by wire, 
radio, or television), section 804 (relating to bank 
fraud), section 924 (relating to conspiracy to kill, 
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1161 
kidnap, maim, or injure persons or damage property 
in a foreign country), section 991 (relating to brib-
ery of public officials and witnesses), section 1003 
(relating to receipt of commissions or gifts for pro-
curing loans), section 1007 (bribery in sporting con-
tests), section 1071 (relating to prisoners in custody 
of institution or officer), section 1132 (relating to 
influencing or injuring officer or juror generally), 
section 1135 (relating to obstruction of criminal in-
vestigations), section 1136 (relating to obstruction 
of State or local law enforcement with regard to ille-
gal gambling business), section 1137 (relating to 
tampering with a witness, victim, or an informant), 
section 1138 (relating to retaliating against a wit-
ness, victim, or an informant), section 1265 (sex 
trafficking of children by force, fraud, or coercion), 
section 1291 (relating to torture), section 1301 (re-
lating to destruction of aircraft or aircraft facilities), 
section 1302 (relating to destruction of motor vehi-
cles or motor vehicle facilities), section 1305 (relat-
ing to violence at international airports), section 
1306 (relating to fraud involving aircraft or space 
vehicle parts in interstate or foreign commerce), sec-
tion 1302 (relating to destruction of motor vehicles 
or motor vehicle facilities), section 1331 (relating to 
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terrorist attacks and other violence against railroad 
carriers and against mass transportation systems on 
land, on water, or through the air), section 1373 (re-
lating to force, violence, and threats involving animal 
enterprises), section 1381 (relating to transmission 
of wagering information; penalties), section 1445 
(relating to obscene visual representations of the 
sexual abuse of children), section 1451 (relating to 
laundering of monetary instruments), section 1452 
(relating to engaging in monetary transactions in 
property derived from specified unlawful activity), 
section 3146 (relating to penalty for failure to ap-
pear), or subsection (b)(3) of section 3521 (relating 
to witness relocation and protection); 
‘‘(4) any offense involving counterfeiting pun-
ishable under section 692, 693, or 694; 
‘‘(5) any offense involving fraud connected with 
a case under title 11 or the manufacture, importa-
tion, receiving, concealment, buying, selling, or oth-
erwise dealing in narcotic drugs, marihuana, or 
other dangerous drugs, punishable under any law of 
the United States; 
‘‘(6) any offense including extortionate credit 
transactions under section 155, 156, or 157; 
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‘‘(7) a violation of section 1453 (relating to 
structuring transactions to evade reporting require-
ment prohibited) of this title or section 5322 (relat-
ing to the reporting of currency transactions) of title 
31; 
‘‘(8) any felony violation of sections 1492 and 
1493 (relating to interception and disclosure of cer-
tain communications and to certain intercepting de-
vices); 
‘‘(9) any felony violation of subchapter F of 
chapter 35 (relating to obscenity); 
‘‘(10) any violation of section 1307 (relating to 
aircraft piracy), the second sentence of section 1308 
(relating to assault on a flight crew with dangerous 
weapon), or subsection (b)(3) or (c) of section 1309 
(relating to explosive or incendiary devices, or 
endangerment of human life, by means of weapons 
on aircraft) of this title, or section 60123(b) (relat-
ing to destruction of a natural gas pipeline) of title 
49; 
‘‘(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; 
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‘‘(13) a violation of section 318 (relating to 
bringing in and harboring certain aliens), section 
321 (relating to reentry of removed alien) of this 
title or section 278 of the Immigration and Nation-
ality Act; 
‘‘(14) any felony violation of sections 582 and 
584; 
‘‘(15) any violation of section 5861 of the Inter-
nal Revenue Code of 1986 (relating to firearms); 
‘‘(16) a felony violation of section 311 (relating 
to false statements in passport applications), section 
314 (relating to fraud and misuse of visas, permits, 
and other documents), section 318 (relating to 
bringing in and harboring certain aliens), section 
321 (relating to reentry of removed alien), section 
783 (relating to production of false identification 
documents), or section 784 (relating to aggravated 
identity theft) of this title or a violation of section 
278 of the Immigration and Nationality Act; 
‘‘(17) any criminal violation of section 631 (re-
lating to chemical weapons); or sections 271, 273, 
274, 275, 276, 277, 278, 279, 280, or 281 (relating 
to terrorism); 
‘‘(18) any criminal violation of section 1 (relat-
ing to illegal restraints of trade or commerce), 2 (re-
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lating to illegal monopolizing of trade or commerce), 
or 3 (relating to illegal restraints of trade or com-
merce in territories or the District of Columbia) of 
the Sherman Act; or 
‘‘(19) any conspiracy to commit any offense de-
scribed in any paragraph of this subsection. 
‘‘(b) STATE PROSECUTORS.—The principal pros-
ecuting attorney of any State, or the principal prosecuting 
attorney of any political subdivision thereof, if such attor-
ney is authorized by a statute of that State to make appli-
cation to a State court judge of competent jurisdiction for 
an order authorizing or approving the interception of wire, 
oral, or electronic communications, may apply to such 
judge for, and such judge may grant in conformity with 
section 3119C and with the applicable State statute an 
order authorizing, or approving the interception of wire, 
oral, or electronic communications by investigative or law 
enforcement officers having responsibility for the inves-
tigation of the offense as to which the application is made, 
when such interception may provide or has provided evi-
dence of the commission of the offense of murder, kidnap-
ping, gambling, robbery, bribery, extortion, or dealing in 
narcotic drugs, marihuana or other dangerous drugs, or 
other crime dangerous to life, limb, or property, and pun-
ishable by imprisonment for more than one year, des-
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ignated in any applicable State statute authorizing such 
interception, or any conspiracy to commit any of the fore-
going offenses. 
‘‘(c) INTERCEPTION FOR EVIDENCE OF FEDERAL 
FELONIES.—Any attorney for the Government (as such 
term is defined for the purposes of the Federal Rules of 
Criminal Procedure) may authorize an application to a 
Federal judge of competent jurisdiction for, and such 
judge may grant, in conformity with section 3119C, an 
order authorizing or approving the interception of elec-
tronic communications by an investigative or law enforce-
ment officer having responsibility for the investigation of 
the offense as to which the application is made, when such 
interception may provide or has provided evidence of any 
Federal felony. 
‘‘§ 3119B. Authorization for disclosure and use of 
intercepted wire, oral, or electronic com-
munications 
‘‘(a) DISCLOSURE TO INVESTIGATIVE OR LAW EN-
FORCEMENT OFFICERS.—Any investigative or law en-
forcement officer who, by any means authorized by this 
chapter, has obtained knowledge of the contents of any 
wire, oral, or electronic communication, or evidence de-
rived therefrom, may disclose such contents to another in-
vestigative or law enforcement officer to the extent that 
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such disclosure is appropriate to the proper performance 
of the official duties of the officer making or receiving the 
disclosure. 
‘‘(b) USE OF CONTENTS IN PERFORMANCE OF DU-
TIES.—Any investigative or law enforcement officer who, 
by any means authorized by this chapter, has obtained 
knowledge of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom may use 
such contents to the extent such use is appropriate to the 
proper performance of his official duties. 
‘‘(c) USE OF CONTENTS IN TESTIMONY.—Any person 
who has received, by any means authorized by this chap-
ter, any information concerning a wire, oral, or electronic 
communication, or evidence derived therefrom intercepted 
in accordance with this chapter may disclose the contents 
of that communication or such derivative evidence while 
giving testimony under oath or affirmation in any pro-
ceeding held under the authority of the United States or 
of any State or political subdivision thereof. 
‘‘(d) PRIVILEGED CHARACTER.—No otherwise privi-
leged wire, oral, or electronic communication intercepted 
in accordance with, or in violation of, this chapter shall 
lose its privileged character. 
‘‘(e) OFFENSES OTHER THAN THOSE SPECIFIED IN 
THE ORDER.—When an investigative or law enforcement 
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officer, while engaged in intercepting wire, oral, or elec-
tronic communications in the manner authorized herein, 
intercepts wire, oral, or electronic communications relating 
to offenses other than those specified in the order of au-
thorization or approval, the contents thereof, and evidence 
derived therefrom, may be disclosed or used as provided 
in subsections (a) and (b). Such contents and any evidence 
derived therefrom may be used under subsection (c) when 
authorized or approved by a judge of competent jurisdic-
tion where such judge finds on subsequent application that 
the contents were otherwise intercepted in accordance with 
this chapter. Such application shall be made as soon as 
practicable. 
‘‘(f) DOMESTIC USE OF INTELLIGENCE AND COUN-
TERINTELLIGENCE INFORMATION.—Any investigative or 
law enforcement officer, or attorney for the Government, 
who by any means authorized by this chapter, has ob-
tained knowledge of the contents of any wire, oral, or elec-
tronic communication, or evidence derived therefrom, may 
disclose such contents to any other Federal law enforce-
ment, intelligence, protective, immigration, national de-
fense, or national security official to the extent that such 
contents include foreign intelligence or counterintelligence 
(as defined in section 3 of the National Security Act of 
1947), or foreign intelligence information (as defined in 
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1169 
section 1491), to assist the official who is to receive that 
information in the performance of his official duties. Any 
Federal official who receives information pursuant to this 
provision may use that information only as necessary in 
the conduct of that person’s official duties subject to any 
limitations on the unauthorized disclosure of such infor-
mation. 
‘‘(g) FOREIGN USE OF INTELLIGENCE AND COUN-
TERINTELLIGENCE INFORMATION.—Any investigative or 
law enforcement officer, or other Federal official in car-
rying out official duties as such Federal official, who by 
any means authorized by this chapter, has obtained knowl-
edge of the contents of any wire, oral, or electronic com-
munication, or evidence derived therefrom, may disclose 
such contents or derivative evidence to a foreign investiga-
tive or law enforcement officer to the extent that such dis-
closure is appropriate to the proper performance of the 
official duties of the officer making or receiving the disclo-
sure, and foreign investigative or law enforcement officers 
may use or disclose such contents or derivative evidence 
to the extent such use or disclosure is appropriate to the 
proper performance of their official duties. 
‘‘(h) DISCLOSURE
FOR
PUBLIC
SAFETY
PUR-
POSES.—Any investigative or law enforcement officer, or 
other Federal official in carrying out official duties as such 
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Federal official, who by any means authorized by this 
chapter, has obtained knowledge of the contents of any 
wire, oral, or electronic communication, or evidence de-
rived therefrom, may disclose such contents or derivative 
evidence to any appropriate Federal, State, local, or for-
eign government official to the extent that such contents 
or derivative evidence reveals a threat of actual or poten-
tial attack or other grave hostile acts of a foreign power 
or an agent of a foreign power, domestic or international 
sabotage, domestic or international terrorism, or clandes-
tine intelligence gathering activities by an intelligence 
service or network of a foreign power or by an agent of 
a foreign power, within the United States or elsewhere, 
for the purpose of preventing or responding to such a 
threat. Any official who receives information pursuant to 
this provision may use that information only as necessary 
in the conduct of that person’s official duties subject to 
any limitations on the unauthorized disclosure of such in-
formation, and any State, local, or foreign official who re-
ceives information pursuant to this provision may use that 
information only consistent with such guidelines as the At-
torney General and Director of Central Intelligence shall 
jointly issue. 
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‘‘§ 3119C. Procedure for interception of wire, oral, or 
electronic communications 
‘‘(a) APPLICATION.—Each application for an order 
authorizing or approving the interception of a wire, oral, 
or electronic communication under this chapter shall be 
made in writing upon oath or affirmation to a judge of 
competent jurisdiction and shall state the applicant’s au-
thority to make such application. Each application shall 
include the following information: 
‘‘(1) The identity of the investigative or law en-
forcement officer making the application, and the of-
ficer authorizing the application. 
‘‘(2) A full and complete statement of the facts 
and circumstances relied upon by the applicant, to 
justify his belief that an order should be issued, in-
cluding (A) details as to the particular offense that 
has been, is being, or is about to be committed, (B) 
except as provided in subsection (k), a particular de-
scription of the nature and location of the facilities 
from which or the place where the communication is 
to be intercepted, (C) a particular description of the 
type of communications sought to be intercepted, 
(D) the identity of the person, if known, committing 
the offense and whose communications are to be 
intercepted. 
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