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prescribed in the Supplemental Rules for Certain Admi-
ralty and Maritime Claims.’’
(b) CONFORMING AMENDMENT.—Section 609 of the
Tariff Act of 1930 (19 U.S.C. 1609) is amended by strik-
ing ‘‘twenty’’ and inserting ‘‘30’’.
SEC. 102. JURISDICTION AND VENUE.
(a) TRANSMITTAL TO THE UNITED STATES ATTOR-
NEY.—Section 610 of the Tariff Act of 1930 (19 U.S.C.
1610) is amended by striking ‘‘the district in which the
seizure was made’’ and inserting ‘‘a district in which a
forfeiture action could be filed pursuant to section 1355(b)
of title 28, United States Code’’.
(b) ADMIRALTY RULES.—The Supplemental Rules
for Certain Admiralty and Maritime Claims are amend-
ed—
(1) in rule E(3), by inserting the following at
the end of paragraph (a): ‘‘This provision shall not
apply in forfeiture cases governed by 28 U.S.C.
1355 or any other statute providing for service of
process outside of the district.’’; and
(2) in rule C(2), by inserting the following after
‘‘that it is within the district or will be during the
pendency of the action.’’: ‘‘If the property is located
outside of the district, the complaint shall state the
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statutory basis for the court’s exercise of jurisdiction
over the property’’.
SEC. 103. JUDICIAL REVIEW OF ADMINISTRATIVE FORFEIT-
URES.
Section 609 of the Tariff Act of 1930 (19 U.S.C.
1609) is amended by adding the following new subsection:
‘‘(d)(1) Where no timely claim to the seized property
is filed, and a declaration of forfeiture is entered pursuant
to this section by the seizing agency, the declaration shall
be final and not subject to judicial review under any other
provision of law except as follows: If a claimant, upon the
filing of an action to set aside a declaration of forfeiture
under this section, establishes by a preponderance of the
evidence (A) that the seizing agency failed to take reason-
able steps to provide the claimant with notice of the for-
feiture, and (B) that the claimant had no actual notice
of the forfeiture proceeding within the period for filing a
claim, the district court shall order that the declaration
of forfeiture be set aside pending forfeiture proceedings
in accordance with sections 602 et seq.
‘‘(2) The following shall be considered sufficient, but
not necessary, to satisfy the requirement of taking reason-
able steps to provide notice of the forfeiture:
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‘‘(A) sending, by mail or commercial carrier,
notice of the forfeiture to the place where the claim-
ant resides at the time the notice is sent;
‘‘(B) serving notice of the forfeiture on the
claimant’s attorney of record in the forfeiture case
or in a related criminal case.
‘‘(3) An action to set aside a declaration of forfeiture
under this section must be filed within 2 years of the last
date of publication of notice of the forfeiture of the prop-
erty.’’
SEC. 104. JUDICIAL FORFEITURE OF REAL PROPERTY.
Section 610 of the Tariff Act of 1930 (19 U.S.C.
1610) is amended by adding at the end the following sen-
tence. ‘‘Notwithstanding any other provision of law, all
forfeitures of real property and interests in real property
shall proceed as judicial forfeitures as provided in this sec-
tion.’’
SEC. 105. PRESERVATION OF ARRESTED REAL PROPERTY.
Rule E of the Supplemental Rules for Certain Admi-
ralty and Maritime Claims is amended by adding the fol-
lowing new subsection:
‘‘(10) PRESERVATION
OF
PROPERTY.—When-
ever property is attached or arrested pursuant to the
provisions of Rule E(4)(b) that permit the marshal
or other person having the warrant to execute the
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process without taking actual possession of the prop-
erty, and the owner or occupant of the property is
thereby permitted to remain in possession, the court,
on the motion of any party or on its own motion,
shall enter any order necessary to preserve the value
of the property, its contents, and any income derived
therefrom, and to prevent the destruction, removal
or diminution in value of such property, contents
and income. If the order is made necessary by exi-
gent circumstances, or if the order would not inter-
fere with the owner or occupant’s use or enjoyment
of the property, it may be entered ex parte. Other-
wise the order may be entered only after notice and
an opportunity to be heard.’’
SEC. 106. AMENDMENT TO FEDERAL TORT CLAIMS ACT EX-
CEPTIONS.
Section 2680(c) of title 28, United States Code, is
amended to read as follows:
‘‘(c) Any claim arising in respect of the assessment
or collection of any tax or customs duty, or the detention
of any goods, merchandise, or other property by any law
enforcement officer performing any official law enforce-
ment function, except that the provisions of this chapter
and section 1346(b) of this title shall apply to any claim
based on the loss of, or negligent destruction or injury to,
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goods, merchandise, or other tangible property while in the
possession, custody or control of any law enforcement
agency, if the property was seized for the purpose of for-
feiture and is neither forfeited nor the subject of a pending
forfeiture proceeding. For purposes of this subsection, the
definition of ‘‘law enforcement officer’’ in subsection (h)
shall apply.’’
SEC. 107. PRE-JUDGMENT INTEREST.
(a) IN GENERAL.—Section 2465 of title 28, United
States Code, is amended by—
(1) designating the present matter as sub-
section (a); and
(2) inserting the following new subsection:
‘‘(b) INTEREST.—Upon entry of judgment for the
claimant in any proceeding to condemn or forfeit property
seized or arrested under any Act of Congress, the United
States shall be liable for post-judgment interest as set
forth in section 1961 of this title. The United States shall
not be liable for pre-judgment interest, except that in
cases involving currency or other negotiable instruments,
the United States shall disgorge to the claimant any funds
representing interest actually paid to the United States
from the date of seizure or arrest of the property that
resulted from the investment of the property in an inter-
est-bearing account or instrument. The United States
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shall not be required to disgorge the value of any intangi-
ble benefits nor make any other payments to the claimant
not specifically authorized by this subsection.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to any judgment entered after
the date of enactment of this Act.
SEC. 108. SEIZURE WARRANT REQUIREMENT.
(a) IN GENERAL.—Section 981(b) of title 18, United
States Code, is amended to read as follows—
‘‘(b)(1) Any property subject to forfeiture to the
United States under this section may be seized by the At-
torney General. In addition, in the case of property in-
volved 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 pursuant to 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 Procedure, except that a seizure may be made
without a warrant, if—
‘‘(A) a complaint for forfeiture has been filed in
the district court and the court has issued an arrest
warrant in rem pursuant to the Supplemental Rules
for Certain Admiralty and Maritime Claims;
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‘‘(B) the seizure is made pursuant to a lawful
arrest or search, or if there is probable cause to be-
lieve that the property is subject to forfeiture and
another exception to the Fourth Amendment war-
rant requirement would apply; or
‘‘(C) the property was lawfully seized by a state
or local law enforcement agency and has been trans-
ferred to a Federal agency in accordance with State
law.’’
‘‘(3) Notwithstanding the provisions of rule 41(a),
Federal Rules of Criminal Procedure, a seizure warrant
may be issued pursuant 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, United States Code, and executed in any district in
which the property is found. Any motion for the return
of property seized under this section shall be filed in the
district in which the seizure warrant was issued.
‘‘(4) In the event of a seizure pursuant to paragraph
(2) of this subsection, proceedings under subsection (d)
of this section or an applicable criminal forfeiture statute
shall be instituted as soon as practicable, taking into ac-
count the status of any criminal investigation to which the
seizure may be related.
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‘‘(5) 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
Attorney General may apply to any Federal judge or mag-
istrate judge in the district where 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 con-
ducted in the manner provided in rule 43(e), Federal
Rules of Civil Procedure. The application for the restrain-
ing 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 state-
ment that the restraining 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.
‘‘(6) Any owner of property seized pursuant to this
section may obtain release of the property pending resolu-
tion of the forfeiture action upon payment of a substitute
res in an amount equal to the appraised value of the prop-
erty, unless the seized property—
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‘‘(A) is contraband,
‘‘(B) is 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
criminal acts if returned to the owner.
The substitute res must be in the form of a traveler’s
check, money order, cashier’s check or irrevocable letter
of credit made payable to the seizing agency. If such sub-
stitute res is provided, the court or in the case of adminis-
trative forfeiture, the seizing agency, shall have jurisdic-
tion to proceed with the forfeilture of the substitute res
in lieu of the property. If, at the conclusion of the forfeit-
ure proceeding, the property is declared forfeited, the
owner shall surrender the property and recover the sub-
stitute res, unless the Attorney General or the seizing
agency elects to retain the substitute res in lieu of the
property.’’
(b) DRUG FORFEITURES.—Section 511(b) of the
Controlled Substances Act (21 U.S.C. 881(b)) is amended
to read as follows:
‘‘(b) Any property subject to forfeiture to the United
States under this section may be seized by the Attorney
General in the manner set forth in section 981(b) of title
18, United States Code.
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‘‘(c) CONFORMING AMENDMENT.—Section 518(d) of
the Controlled Substances Act (21 U.S.C. 888(d)) is re-
pealed.’’
TITLE II—JUDICIAL FORFEITURES
SEC. 201. TRIAL PROCEDURE FOR CIVIL FORFEITURE.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by inserting the following new
section:
‘‘§ 987. Judicial forfeiture proceedings
‘‘(a) COMPLAINT.—The Attorney General may file a
civil forfeiture complaint in the manner set forth in the
Supplemental Rules for Certain Admiralty and Maritime
Claims. In cases where the applicable law authorizes the
institution of civil and criminal forfeiture proceedings in
connection with an offense, the Attorney General shall
have the discretion to determine whether to file a civil
complaint under this section, a criminal complaint, indict-
ment or information including a forfeiture count in accord-
ance with the applicable criminal forfeiture statute, or
both civil and criminal actions.
‘‘(b) TIME FOR FILING COMPLAINT.—(1) If property
is seized and a claim is filed pursuant to section 608 of
the Tariff Act of 1930 (19 U.S.C. 1608), or if the seizure
is referred to the Attorney General pursuant to section
610 (19 U.S.C. 1610), the Attorney General shall deter-
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mine as soon as practicable whether a forfeiture action
should be instituted.
‘‘(2) If the Attorney General determines not to insti-
tute a forfeiture action, he or she shall so advise the seiz-
ing agency. A decision not to institute a forfeiture action
shall not preclude the seizing agency from transferring or
returning the seized property to a State or local law en-
forcement authority for appropriate forfeiture action in ac-
cordance with State law. Nor shall a decision not to insti-
tute a forfeiture action imply that the action of the seizing
agency in seizing the property was in any way improper.
‘‘(3) If the Attorney General determines that a for-
feiture action should be instituted, he or she shall institute
such action as soon as practicable, taking into account the
status of any criminal investigation to which the forfeiture
action may be related.
‘‘(c) CLAIM AND ANSWER.—A claim and answer to
a civil forfeiture complaint shall be filed in accordance
with rule C of the Supplemental Rules for Certain Admi-
ralty and Maritime Claims and shall set forth the nature
and extent of the claimant’s ownership interest in the
property, the time and circumstances of the claimant’s ac-
quisition of the interest in the property, and any addi-
tional facts supporting the claimant’s standing to file a
claim challenging the forfeiture action.
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‘‘(d) STANDING.—If the Government, at the time of
trial or at any time prior to trial, files a motion to dismiss
the claim for lack of standing, the court shall conduct a
hearing, in the manner provided in rule 43(e), Federal
Rules of Civil Procedure, and shall determine whether the
claimant has established, by a preponderance of the evi-
dence, that he or she has the requisite ownership interest
in the property, as defined in section 983(c), to challenge
the forfeiture action. If the court determines that a claim-
ant lacks standing, it shall dismiss the claim with preju-
dice and enter a final judgment as to that claimant.
‘‘(e) BURDEN OF PROOF.—At trial in a civil forfeit-
ure case, the Government shall have the initial burden of
proving that the property is subject to forfeiture by a pre-
ponderance of the evidence. If the Government proves that
the property is subject to forfeiture, the claimant shall
have the burden of proving by a preponderance of the evi-
dence that he or she has an interest in the property that
is not forfeitable under section 983 of this title. If the
Government’s theory of forfeiture is that the property fa-
cilitated the commission of a criminal offense, the Govern-
ment must establish that there was a substantial connec-
tion between the property and the offense.
‘‘(f) AFFIRMATIVE DEFENSES.—The claimant shall
set forth all affirmative defenses, including constitutional
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defenses, in his or her answer, as provided in rule 8, Fed-
eral Rules of Civil Procedure, and shall comply with dis-
covery requests regarding such defenses in advance of
trial.
‘‘(g) MOTION TO SUPPRESS SEIZED EVIDENCE.—At
any time after a claim and answer are filed, a claimant
with standing to contest the seizure of the property may
move to suppress such property in accordance with the
normal rules regarding the suppression of evidence. If the
claimant prevails on such motion, the property shall not
be admitted into evidence as to that claimant at the for-
feiture trial. However, a finding that property should be
suppressed shall not bar the forfeiture of the property
based on evidence obtained independently before or after
the seizure.
‘‘(h) USE OF HEARSAY AT PRE-TRIAL HEARINGS.—
At any pre-trial hearing under this section, the court may
accept and consider hearsay otherwise inadmissible under
the Federal Rules of Evidence. The court shall not require
the government to reveal the identity of any confidential
informant at a pre-trial hearing if there are sufficient indi-
cia of reliability regarding such testimony to allow the
statement of such informant to be related by a law en-
forcement officer.
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‘‘(i) ADVERSE INFERENCES.—The assertion by the
claimant of any fifth amendment privilege against com-
pelled testimony in the course of the forfeiture proceeding,
including pre-trial discovery, shall give rise to an adverse
inference regarding the matter on which such privilege is
asserted. The Government may rely on such adverse infer-
ence in support of its burden to establish the forfeitability
of the property and in response to any affirmative defense.
However, the government may not rely solely on such ad-
verse inferences to satisfy its burden of proof.
‘‘(j) STIPULATIONS.—Notwithstanding the claimant’s
offer to stipulate to the forfeitability of the property, the
Government shall be entitled to present evidence to the
finder of fact on that issue before the claimant presents
any evidence in support of any affirmative defense.
‘‘(k) PRESERVATION
OF PROPERTY SUBJECT
TO
FORFEITURE.—The court, before or after the filing of a
forfeiture complaint and on the application of the Govern-
ment, may:
‘‘(1) enter any restraining order or injunction
pursuant to section 413(3) of the Controlled Sub-
stances Act (21 U.S.C. 853(e));
‘‘(2) require the execution of satisfactory per-
formance bonds;
‘‘(3) create receiverships;
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‘‘(4) appoint conservators, custodians, apprais-
ers, accountants or trustees; or
‘‘(5) take any other action to seize, secure,
maintain, or preserve the availability of property
subject to forfeiture under this section.
‘‘(l) RELEASE OF PROPERTY TO PAY CRIMINAL DE-
FENSE COSTS.—
‘‘(1) A person charged with a criminal offense
may apply for the release of property seized for for-
feiture to pay the necessary expenses of the person’s
criminal defense. Such application shall be filed with
the court where the forfeiture proceeding is pending.
‘‘(2) When an application is filed pursuant to
paragraph (1), the burden shall first be upon the ap-
plicant to establish that he has no access to other
assets adequate for the payment of criminal defense
counsel, and that the interest in property to be re-
leased is not subject to any claim other than the for-
feiture. The Government shall have an opportunity
to cross-examine the applicant and any witnesses he
or she may present on this issue.
‘‘(3) If the court determines that the applicant
has met the requirements set forth in paragraph (2),
the court shall hold a probable cause hearing at
which the applicant shall have the burden of proving
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the absence of probable cause for the forfeiture of
the property. If the court finds that there is no
probable cause for the forfeiture, it shall order the
release of the assets for which probable cause is
lacking. Otherwise, it shall dismiss the application.
The court shall not consider any affirmative defenses
to the forfeiture at the probable cause hearing.
‘‘(m) EXCESSIVE FINES.—At the conclusion of the
trial and following the entry of a verdict of forfeiture, the
claimant may petition the court to determine whether the
excessive fines clause of the eighth amendment applies,
and if so, whether forfeiture is excessive. The claimant
shall have the burden of establishing that a forfeiture is
excessive by a preponderance of the evidence at a hearing
conducted in the manner provided in rule 43(e), Federal
Rules of Civil Procedure, by the court without a jury. If
the court determines that the forfeiture is excessive, it
shall adjust the forfeiture to the extent necessary to avoid
the Constitutional violation.
‘‘(n) APPLICABILITY.—This section shall apply to any
judicial forfeiture action brought pursuant to this title, the
Controlled Substances Act, or the Immigration and Natu-
ralization Act of 1952. Section 615 of the Tariff Act of
1930 (19 U.S.C. 1615) shall not apply to forfeitures under
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this section, nor shall this section apply to forfeitures
under the customs laws.
‘‘(o) ABATEMENT.—A civil forfeiture action or judg-
ment under this or any other provision of federal law shall
not abate because of the death of any person.’’
(b) REBUTTABLE PRESUMPTIONS.—Section 981 of
title 18, United States Code, is amended by adding the
following new subsection:
‘‘(k) REBUTTABLE PRESUMPTIONS.—(1) At the trial
of an action brought pursuant to subsection (a)(1)(B),
there is a presumption, governed by Rule 301 of the Fed-
eral Rules of Evidence, that the property is subject to for-
feiture if the United States establishes, by a preponder-
ance of the evidence, that such property was acquired dur-
ing a period of time when the person who acquired the
property was engaged in an offense against a foreign na-
tion described in subsection (a)(1)(B) or within a reason-
able time after such period, and there was no likely source
for such property other than such offense.
‘‘(2) At the trial of an action brought pursuant to
subsection (a)(1)(A), there is a presumption, governed by
rule 301 of the Federal Rules of Evidence, that the prop-
erty was involved in a violation of section 1956 or 1957
of this title if the United States establishes, by a prepon-
derance of the evidence, any three of the following factors:
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‘‘(A) the property constitutes or is traceable to
more than $10,000 that has been or was intended
to be transported, transmitted or transferred to or
from a major drug-transit country, a major illicit
drug producing country, or a major money launder-
ing country, as those terms are determined pursuant
to sections 481(e) and 490(h) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2291(e) and 2291j(h));
‘‘(B) the transaction giving rise to the forfeit-
ure occurred in part in a foreign country whose bank
secrecy laws have rendered the United States unable
to obtain records relating to the transaction by judi-
cial process, treaty or executive agreement;
‘‘(C) a person more than minimally involved in
the transaction giving rise to the forfeiture action (i)
has been convicted in any State, Federal, or foreign
jurisdiction of a felony involving money laundering
or the manufacture, importation, sale or distribution
of a controlled substance, or (ii) is a fugitive from
prosecution for such offense; or
‘‘(D) the transaction giving rise to the forfeit-
ure action was conducted by, to or through a shell
corporation not engaged in any legitimate business
activity in the United States.
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‘‘(3) For the purposes of this paragraph, ‘shell cor-
poration’ means any corporation that does not conduct
any ongoing and significant commercial or manufacturing
business or any other form of commercial operation.
‘‘(4) The enumeration of presumptions in this sub-
section shall not preclude the development of other judi-
cially created presumptions.’’
(c) CONFORMING AMENDMENT.—Section 274(b)(5)
of the Immigration and Naturalization Act (8 U.S.C.
1324(b)(5)) is amended—
‘‘(1) by striking ‘‘the burden of proof shall lie
upon such claimant, except that probable cause shall
be first shown for the institution of such suit or ac-
tion. In determining whether probable cause exists,’’;
and
‘‘(2) by adding at the end the following sen-
tence: ‘‘The procedures set forth in chapter 46 of
title 18, United States Code, shall govern judicial
forfeiture actions under this section.’’
(d) CHAPTER ANALYSIS.—The chapter analysis for
chapter 46 of title 18, United States Code, is amended
by inserting the following at the appropriate place:
‘‘987. Judicial forfeiture proceedings.’’
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SEC. 202. UNIFORM INNOCENT OWNER DEFENSE.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by inserting after section 982 the
following new section:
‘‘§ 983. Innocent owners
‘‘(a) An innocent owner’s interest in property shall
not be forfeited in any judicial action under any civil for-
feiture provision of this title, the Controlled Substances
Act, or the Immigration and Naturalization Act of 1952.
‘‘(b)(1) With respect to a property interest in exist-
ence at the time the illegal act giving rise to forfeiture
took place, a person is an innocent owner if he or she es-
tablishes, by a preponderance of the evidence—
‘‘(A) that he or she did not know that the prop-
erty was being used or was likely to be used in the
commission of such illegal act, or
‘‘(B) that upon learning that the property was
being used or was likely to be used in the commis-
sion of such illegal act, he or she promptly did all
that reasonably could be expected to terminate or to
prevent such use of the property.
‘‘(2) With respect to a property interest acquired
after the act giving rise to the forfeiture took place, a per-
son is an innocent owner if he or she establishes, by a
preponderance of the evidence, that he or she acquired the
property as a bona fide purchaser for value who at the
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time of the purchase did not know and was reasonably
without cause to believe that the property was subject to
forfeiture. A purchaser is ‘‘reasonably without cause to be-
lieve that the property was subject to forfeiture’’ if, in
light of the circumstances, the purchaser did all that rea-
sonably could be expected to ensure that he or she was
not acquiring property that was subject to forfeiture.
‘‘(3) Notwithstanding any provision of this section,
no person may assert an ownership interest under this sec-
tion in contraband or other property that it is illegal to
possess. In addition, except as set forth in paragraph (2),
no person may assert an ownership interest under this sec-
tion in the illegal proceeds of a criminal act, irrespective
of state property law.
‘‘(c) For the purposes of this section—
‘‘(1) an ‘‘owner’’ is a person with an ownership
interest in the specific property sought to be for-
feited, including but not limited to a lien, mortgage,
recorded security device or valid assignment of an
ownership interest. An owner does not include: (A)
a person with only a general unsecured interest in,
or claim against, the property or estate of another
person; (B) a bailee; (C) a nominee who exercises no
dominion or control over the property; or (D) a ben-
eficiary of a constructive trust; and
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‘‘(2) a person shall be considered to have known
that his or her property was being used or was likely
to be used in the commission of an illegal act if the
government establishes the existence of facts and
circumstances that should have created a reasonable
suspicion that the property was being or would be
used for an illegal purpose.
‘‘(d) If the court determines, in accordance with this
section, that an innocent owner had a partial interest in
property otherwise subject to forfeiture, or a joint tenancy
or tenancy by the entirety in such property, the court shall
enter an appropriate order (1) severing the property; (2)
transferring the property to the government with a provi-
sion that the government compensate the innocent owner
to the extent of his or her ownership interest once a final
order of forfeiture has been entered and the property has
been reduced to liquid assets, or (3) permitting the inno-
cent owner to retain the property subject to a lien in favor
of the government to the extent of the forfeitable interest
in the property. To effectuate the purposes of this sub-
section, a joint tenancy or tenancy by the entireties shall
be converted to a tenancy in common by order of the
court, irrespective of state law.
‘‘(e) If the person asserting a defense under sub-
section (b)(1) or (b)(2) is a financial institution, as de-
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fined in section 20 of this title, there shall be a presump-
tion, governed by rule 301 of the Federal Rules of Evi-
dence, that the institution acted ‘‘reasonably’’ if the insti-
tution establishes that it followed rigorous and regular in-
ternal procedures relating to the approval of any loan or
the acquisition of any property interest in accordance with
the standards for due diligence in the lending industry.
The presumption shall not apply if the government estab-
lishes that the financial institution had notice that the
property was subject to forfeiture before it acquired any
interest in the property.’’
(b) STRIKING SUPERSEDED PROVISIONS.—(1) Sec-
tion 981(a) of title 18, United States Code, is amended
by—
(A) striking subsection (a)(2) and renumbering
any subsections added by this Act accordingly; and
(B) striking ‘‘Except as provided in paragraph
(2), the’’ and inserting ‘‘The’’.
(2) Sections 511(a) (4), (6) and (7) of the Controlled
Substances Act (21 U.S.C. 881(a) (4), (6) and (7)) are
amended by striking ‘‘, except that’’ and all that follows,
each time it appears.
(3) Sections 2254(a) (2) and (3) of title 18, United
States Code, are amended by striking ‘‘, except that’’ and
all that follows, each time it appears.
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(c) CONFORMING AMENDMENT.—The chapter analy-
sis for chapter 46 of title 18, United States Code, is
amended by inserting the following at the appropriate
place:
‘‘983. Innocent owners.’’
SEC. 203. STAY OF CIVIL FORFEITURE CASE.
(a) IN GENERAL.—Section 981(g) of title 18, United
States Code, is amended to read as follows:
‘‘(g)(1) Upon the motion of the United States, the
court shall stay the civil forfeiture proceeding if it deter-
mines that civil discovery or trial could adversely affect
the government’s ability to conduct a related criminal in-
vestigation 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 it determines that the claimant is the subject
of a related criminal investigation or case, that the claim-
ant has standing to assert a claim in the civil forfeiture
proceeding, and that continuation of the forfeiture pro-
ceeding may infringe upon the claimant’s right against
self-incrimination 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 deter-
mine that a stay is unnecessary if a protective order limit-
ing discovery would protect the interest of one party with-
out unfairly limiting the ability of the opposing party to
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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 pursue discovery while the other party was sub-
stantially unable to do so.
‘‘(4) For the purposes of this subsection, ‘‘a related
criminal case’’ and ‘‘a related criminal investigation’’
mean an actual prosecution or investigation in progress
at the time the request for the stay is made. In determin-
ing whether a criminal case or investigation 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) Any presentation to the court under this sub-
section that involves an on-going criminal investigation
shall be made by the Government ex parte and under seal.
‘‘(6) Whenever a civil forfeiture proceeding is stayed
pursuant 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)
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shall apply only to the provisions of this subsection and
shall not preclude the Government from objecting to the
claimant’s standing to the time of trial in accordance with
Section 987(d) of this title.
‘‘(8) An order imposing a stay pursuant to this sub-
section shall expire in 180 days unless the court deter-
mines, at the end of such time period, that there are com-
pelling reasons why the stay should be continued. An order
renewing a stay shall be reviewed by the court every 90
days unless the parties agree that such review is unneces-
sary.’’
(b) DRUG FORFEITURES.—Section 511(i) of the Con-
trolled Substances Act (21 U.S.C. 881(i)) is amended to
read as follows:
‘‘(i) The provisions of section 981(g) of title 18, Unit-
ed States Code, regarding the stay of the civil forfeiture
proceeding shall apply to forfeitures under this section.’’
(c) GUIDELINES.—Within 180 days after the effec-
tive date of this section, the Attorney General and the Sec-
retary of the Treasury shall jointly promulgate guidelines
governing the preservation of the value of property subject
to forfeiture in a case that has been stayed pursuant to
section 511(i) of the Controlled Substances Act (21 U.S.C.
881(i)) or section 981(g) of title 18, United States Code.
The guidelines shall take into account the interests of both
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the Government and the claimant in avoiding the deprecia-
tion, destruction or dissipation of the property pending
conclusion of the forfeiture proceeding.
SEC. 204. APPLICATION OF FORFEITURE PROCEDURES.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by adding the following section:
‘‘§ 988. Application of forfeiture procedures
‘‘(a) CIVIL FORFEITURES.—Whenever a statute in
this title provides for the civil forfeiture of property with-
out specifying the procedures governing a judicial forfeit-
ure action, the provisions of this chapter relating to civil
forfeitures shall apply.
‘‘(b) CRIMINAL FORFEITURES.—Whenever a statute
in this title provides for the criminal forfeiture of property
without specifying the procedures governing such forfeit-
ures, the provisions of this chapter relating to criminal for-
feitures shall apply.’’
(b) CONFORMING AMENDMENT.—The chapter analy-
sis for Chapter 46, of title 18, United States Code, is
amended by adding the following:
‘‘988. Application of Forfeiture Procedures.’’
SEC. 205. CIVIL INVESTIGATIVE DEMANDS.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by adding at the end of the fol-
lowing new section:
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‘‘§ 985. Civil investigative demands
‘‘(a) For the purpose of conducting an investigation
in contemplation of any civil forfeiture proceedings, the
Attorney General may—
‘‘(1) administer oaths and affirmations;
‘‘(2) take evidence; and
‘‘(3) by subpoena, summon witnesses and re-
quire the production of any books, papers, cor-
respondence, memoranda, or other records which the
Attorney General deems relevant or material to the
inquiry. Such subpoena may require the attendance
of witnesses and the production of any such records
from any place in the United States at any place in
the United States designated by the Attorney Gen-
eral.
‘‘(b) Except as provided in this section, the proce-
dures and limitations that apply to civil investigative de-
mands in subsections (g), (h), and (j) of section 1968 of
title 18, United States Code, shall apply with respect to
civil investigative demands issued under this subsection.
Process required by such subsections of section 1968 to
be served upon ‘the custodian’ shall be served on the At-
torney General. Failure to comply with an order of the
court to enforce such demand shall be punishable as civil
or criminal contempt.
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‘‘(c) In the case of a civil investigative demand for
which the return date is less than 5 days after the date
of service, no person shall be found in contempt for failure
to comply by the return date if such person files a petition
under subsection (b) not later than 5 days after the date
of service.
‘‘(d) A civil investigative demand may be issued pur-
suant to this section in furtherance of an investigation di-
rected toward the forfeiture of an asset at any time up
to the filing of a civil forfeiture complaint with respect
to that asset, except that no demand relating to a given
asset may be served upon any person who files a claim
to that asset pursuant to section 1608 of title 19, United
States Code, once such claim is filed. Once a given asset
is made the subject of a civil forfeiture complaint, all fur-
ther discovery regarding the forfeiture of that asset shall
proceed in accordance with the Federal Rules of Civil Pro-
cedure. Investigation relating to the forfeiture of assets
not subject to a claim or to a forfeiture complaint may
proceed pursuant to this section at any time.
‘‘(e) In this section, ‘Attorney General’ means any at-
torney for the Government employed by the Department
of Justice as defined by rule 54(c) of the Federal Rules
of Criminal Procedure, and shall not include an attorney,
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agent or other employee of any agency of the Depart-
ment.’’
(b) CONFORMING AMENDMENT.—The chapter analy-
sis for chapter 46 of title 18, United States Code is
amended by adding the following at the appropriate place:
‘‘985. Civil investigative demands.’’
(c) OBSTRUCTION
OF CIVIL INVESTIGATIVE DE-
MAND.—Section 1505 of title 18, United States Code, is
amended by inserting ‘‘section 985 of this title or’’ before
‘‘the Anti-trust Civil Process Act’’.
(d) RIGHT
TO FINANCIAL PRIVACY ACT AMEND-
MENT.—Section 1120(b)(1)(A) of the Right to Financial
Privacy Act (12 U.S.C. 3420(b)(1)(A)) is amended by in-
serting ‘‘or civil investigative demand’’ after ‘‘a grand jury
subpoena’’.
(e) FAIR CREDIT REPORTING ACT AMENDMENT.—
Paragraph (1) of section 604 of the Fair Credit Reporting
Act (15 U.S.C. 1681b) is amended by striking ‘‘or’’ and
inserting ‘‘, or a civil investigative demand’’ after ‘‘grand
jury’’.
SEC. 206. ACCESS TO RECORDS IN BANK SECRECY JURIS-
DICTIONS
Section 986 of title 18, United States Code, is
amended by adding the following new subsection:
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‘‘ACCESS TO RECORDS LOCATED ABROAD
‘‘(d) In any civil forfeiture case, or in any ancillary
proceeding in any criminal forfeiture case governed by sec-
tion 413(n) of the Controlled Substances Act (21 U.S.C.
853(n)), where—
‘‘(1) financial records located in a foreign coun-
try may be material (A) to any claim or to the abil-
ity of the government to respond to such claim, or
(B) in a civil forfeiture case, to the Government’s
ability to establish the forfeitability of the property;
and
‘‘(2) it is within the capacity of the claimant to
waive his or her rights under such secrecy laws, or
to obtain the records him or herself, so that the
records can be made available,
the refusal of the claimant to provide the records in re-
sponse to a discovery request or take the action necessary
otherwise to make the records available shall result in the
dismissal of the claim with prejudice. This subsection shall
not affect the claimant’s rights to refuse production on
the basis of any privilege guaranteed by the Constitution
or Federal laws of the United States.’’
SEC. 207. ACCESS TO OTHER RECORDS.
Section 6103(i)(1) of the Internal Revenue Code (26
U.S.C. 6103(i)(1)) is amended—
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(1) in subparagraph (A)(i) by inserting ‘‘or re-
lated civil forfeiture’’ after ‘‘enforcement of a specifi-
cally designated Federal criminal statute’’; and
(2) in subparagraph (B)(iii) by inserting ‘‘or
civil forfeiture investigation or proceeding’’ after
‘‘Federal criminal investigation or proceeding’’.
SEC. 208. DISCLOSURE OF GRAND JURY INFORMATION TO
FEDERAL PROSECUTORS.
Section 3322(a) of title 18, United States Code, is
amended—
(1) by striking ‘‘civil forfeiture under section
981 of title 18, United States Code, of property de-
scribed in section 981(a)(1)(C) of such title’’ and in-
serting ‘‘any civil forfeiture provision of Federal
law’’; and
(2) by striking ‘‘concerning a banking law viola-
tion’’.
SEC. 209. CURRENCY FORFEITURES.
Section 511 of the Controlled Substances Act (21
U.S.C. 881) is amended by inserting the following new
subsection:
‘‘CURRENCY FORFEITURES
‘‘(m) At the trial of an action brought pursuant to
subsection (a)(6), if the Government establishes by a pre-
ponderance of the evidence that the property subject to
forfeiture—
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‘‘(1) is currency or other monetary instruments
that was found in close proximity to a measurable
quantity of any controlled substance; or
‘‘(2) is currency or other monetary instruments
in excess of $10,000 that was being transported at
an airport or other port of entry, on an interstate
highway, or on the coastal waters of the United
States, and the person in possession of the property
disclaims knowledge or ownership of the property, or
offers an explanation for his or her possession of the
property that is false,
there shall be a presumption, governed by rule 301 of the
Federal Rules of Evidence, that the property is the pro-
ceeds of a violation of the Controlled Substances Act. As
provided in rule 301 of the Federal Rules of Evidence,
the burden of proof shall at all times be on the United
States to establish that the property is subject to forfeit-
ure.’’
TITLE III—PROPERTY SUBJECT TO
FORFEITURE
SEC. 301. FORFEITURE OF PROCEEDS OF FEDERAL OF-
FENSES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended—
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(1) in subparagraph (C) by striking ‘‘of section
215’’ and all that follows up to the period and in-
serting ‘‘of any offense in this title or a conspiracy
to commit such offense’’; and
(2) by striking subparagraphs (D), (E) and
(F).
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘violate—’’
and subparagraphs (A) and (B) and inserting ‘‘vio-
late any offense in this title,’’; and
(2) by striking paragraphs (3), (4), (5) and the
first paragraph (6), enacted by Public Law 104–
191.
SEC. 302. UNIFORM DEFINITION OF ‘‘PROCEEDS’’.
(a) CIVIL FORFEITURE.—Section 981(a) of title 18,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘gross re-
ceipts’’ and ‘‘gross proceeds’’ wherever those terms
appear and inserting ‘‘proceeds’’; and
(2) by adding the following after paragraph (2):
‘‘(3) In this section, ‘proceeds’ means any and
all property of any kind obtained, directly or indi-
rectly, at any time as the result of the commission
of the offense giving rise to forfeiture, and any prop-
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erty traceable thereto. ‘Proceeds’ is not limited to
the net gain or profit realized from the commission
of the offense.’’
(b) CRIMINAL FORFEITURE.—Section 982 of title 18,
United States Code, is amended—
(1) in subsection (a), by striking ‘‘gross re-
ceipts’’ and ‘‘gross proceeds’’ wherever those terms
appear and inserting ‘‘proceeds’’; and
(2) by adding the following paragraph to the
end of subsection (b):
‘‘(3) In this section, ‘proceeds’ means any and
all property of any kind obtained, directly or indi-
rectly, at any time as the result of the commission
of the offense giving rise to forfeiture, and any prop-
erty traceable thereto. Where the offense involves a
scheme, a conspiracy, or a pattern of criminal activ-
ity, ‘proceeds’ includes any and all property obtained
from the entire course of conduct constituting such
scheme, conspiracy, or pattern. ‘Proceeds’ is not lim-
ited to the net gain or profit realized from the com-
mission of the offense.’’
(c) CONTROLLED SUBSTANCES.—(1) Section 511 of
the Controlled Substances Act (21 U.S.C. 881) is amend-
ed by adding the following new subsection:
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‘‘(k) In this section, ‘proceeds’ means any and all
property of any kind obtained, directly or indirectly, at
any time as the result of the commission of the offense
giving rise to forfeiture, and any property traceable there-
to. ‘Proceeds’ is not limited to the net gain or profit real-
ized from the commission of the offense.’’
(2) Section 413 of the Controlled Substances Act (21
U.S.C. 853) is amended by adding the following new sub-
section:
‘‘DEFINITION OF PROCEEDS
‘‘(q) In this section, ‘proceeds’ means any and all
property of any kind obtained at any time, directly or indi-
rectly, as the result of the commission of the offense giving
rise to forfeiture, and any property traceable thereto.
Where the offense involves a scheme, a conspiracy, or a
pattern of criminal activity, ‘proceeds’ includes any and
all property obtained from the entire course of conduct
constituting such scheme, conspiracy, or pattern. ‘Pro-
ceeds’ is not limited to the net gain or profit realized from
the commission of the offense.’’
(d) RICO.—Subsection 1963(a) of title 18, United
States Code, is amended by adding the following at the
end: ‘‘In this section, ‘proceeds’ means any and all prop-
erty obtained from the entire pattern of racketeering activ-
ity or unlawful debt collection and is not limited to net
profits.’’
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SEC. 303. FORFEITURE OF FIREARMS USED IN CRIMES OF
VIOLENCE AND FELONIES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by inserting after sub-
paragraph (C) the following:
‘‘(D) Any firearm (as defined in section
921(a)(3) of this title) used or intended to be
used to commit or to facilitate the commission
of any crime of violence (as defined in section
16 of this title) or any felony under Federal
law.’’
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting after sub-
paragraph (2) the following:
‘‘(3) The court, in imposing a sentence on a
person convicted of any crime of violence (as defined
in section 16 of this title) or any felony under Fed-
eral law, shall order that the person forfeit to the
United States any firearm (as defined in section
921(a)(3) of this title) used or intended to be used
to commit or to facilitate the commission of the of-
fense.’’
(c) DISPOSAL OF FORFEITED PROPERTY.—Section
981(c) of title 18, United States Code, is amended by add-
ing at the end the following sentence: ‘‘Any firearm for-
feited pursuant to subsection (a)(1)(D) or section
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982(a)(3) of this title shall be disposed of by the seizing
agency in accordance with law.’’
(d) AUTHORITY TO FORFEIT PROPERTY UNDER
SECTION 924(d).—Section 924(d) of title 18, United
States Code, is amended by adding the following new
paragraph:
‘‘(4) Whenever any firearm is subject to forfeit-
ure under this section because it was involved in or
used in a violation of subsection (c), the Secretary
of the Treasury shall have the authority to seize and
forfeit, in accordance with the procedures of the ap-
plicable forfeiture statute, any property otherwise
forfeitable under the laws of the United States that
was involved in or derived from the crime of violence
or drug trafficking crime described in subsection (c)
in which the forfeited firearm was used or carried.’’
(e) 120-DAY RULE FOR ADMINISTRATIVE FORFEIT-
URE.—Section 924(d)(1) of title 18, United States Code,
is amended by adding the following after the last sentence:
‘‘If the Government institutes an administrative forfeiture
action within the 120-day period, and a claim is then filed
that requires that a judicial forfeiture action be filed in
Federal court, the Government must file the judicial ac-
tion within 120 days of the filing of the claim. The time
during which any related criminal indictment or informa-
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tion is pending shall not be counted in calculating either
of the 120-day periods referred to in this subsection.’’
SEC. 304. FORFEITURE OF PROCEEDS TRACEABLE TO FA-
CILITATING PROPERTY IN DRUG CASES.
(a) CONVEYANCES.—Section 511(a)(4) of the Con-
trolled Substances Act (21 U.S.C. 881(a)(4)) is amend-
ed—
(1) by inserting ‘‘, and any property traceable
to such conveyances’’ after ‘‘property described in
paragraph (1), (2), or (9)’’;
(2) in subparagraph (A) by inserting ‘‘, and no
property traceable to such conveyance,’’ before
‘‘shall be forfeited’’; and
(3) in subparagraphs (B) and (C) by inserting
‘‘and no property traceable to such conveyance’’ be-
fore ‘‘shall be forfeited’’.
(b) REAL PROPERTY.—Section 511(a)(7) of the Con-
trolled Substances Act (21 U.S.C. 881(a)(7)) is amended
by inserting ‘‘, and any property traceable to such prop-
erty’’ after ‘‘one year’s imprisonment’’.
(c) NEGOTIABLE INSTRUMENTS AND SECURITIES.—
Section 511(a)(6) of the Controlled Substances Act (21
U.S.C. 881(a)(6)) is amended by inserting ‘‘, and any
property traceable to such property’’ after ‘‘this sub-
chapter’’ the second time it appears.
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SEC. 305. FORFEITURE FOR ALIEN SMUGGLING.
(a) CRIMINAL FORFEITURE AUTHORITY.—Section
982(a) of title 18, United States Code, is amended—
(1) by redesignating the second paragraph (6)
as paragraph (7);
(2) by inserting ‘‘sections 274(a), 274A(a)(1)
or 274A(a)(2) of the Immigration and Nationality
Act of 1952 (8 U.S.C. 1324(a), 1324A(a)(1) and
1324A(a)(2)),’’ before ‘‘section 1425’’ the first time
it appears;
(3) in subparagraph (A)(i), by striking ‘‘sub-
section (a)’’ and inserting ‘‘the offense’’; and
(4) in subparagraph (A)(ii) (I) and (II), by
striking ‘‘subsection (a)’’ through ‘‘of this title’’ and
inserting ‘‘the offense’’.
(b) CIVIL FORFEITURE.—Section 274(b) of the Im-
migration and Nationality Act of 1952 (8 U.S.C. 1324(b))
is amended—
(1) by amending paragraphs (1) and (2) to
read as follows:
‘‘(b) SEIZURE AND FORFEITURE.—(1) The following
property shall be subject to seizure and forfeiture:
‘‘(A) any conveyance, including any vessel, vehi-
cle, or aircraft, which has been or is being used in
the commission of a violation of subsection (a); and
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‘‘(B) any property, real or personal, (i) that
constitutes, or is derived from or is traceable to the
proceeds obtained directly or indirectly from the
commission of a violation of subsection (a), or (ii)
that is used to facilitate, or is intended to be used
to facilitate, the commission of a violation of sub-
paragraph (a)(1)(A).
‘‘(2) Any property subject to forfeiture to the United
States under this section may be seized by the Attorney
General in the manner set forth in section 981(b) of title
18, United States Code.’’; and
(2) in paragraphs (4) and (5) by striking ‘‘a
conveyance’’ and ‘‘conveyance’’ each place the
phrase or word appears and inserting ‘‘property’’.
SEC. 306. FORFEITURE OF PROCEEDS OF CERTAIN FOR-
EIGN CRIMES.
Section 981(a)(1)(B) of title 18, United States Code,
is amended by—
(1) inserting ‘‘(i)’’ after ‘‘against a foreign na-
tion involving’’; and
(2) inserting ‘‘(ii) any other conduct described
in section 1956(c)(7)(B),’’ after ‘‘(as such term is
defined for purposes of the Controlled Substances
Act)’’.
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SEC. 307. FORFEITURE OF PROPERTY USED TO FACILITATE
FOREIGN DRUG CRIMES.
Section 981(a)(1)(B) of title 18, United States Code,
is amended by inserting ‘‘, or any property used to facili-
tate an offense described in subparagraph (i)’’ at the end
before the period.
SEC. 308. FORFEITURE FOR VIOLATIONS OF SECTION 6050I
AND 1960.
(a) Sections 981(a)(1)(A) and 982(a)(1) of title 18,
United States Code, are amended by inserting ‘‘, or of sec-
tion 6050I of the Internal Revenue Code of 1986 (26
U.S.C. 6050I)’’ after ‘‘of title 31’’.
(b) Section 981(a)(1)(A) of title 18, United States
Code, is amended by striking ‘‘or 1957’’ and inserting ‘‘,
1957 or 1960’’.
SEC. 309. CRIMINAL FORFEITURE FOR MONEY LAUNDER-
ING CONSPIRACIES.
Section 982(a)(1) of title 18, United States Code, is
amended by inserting ‘‘, or a conspiracy to commit any
such offense’’ after ‘‘of this title’’.
SEC. 310. ARCHAEOLOGICAL RESOURCES PROTECTION
ACT.
Section 8(b) of the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470gg(b)) is amended by—
(1) inserting ‘‘all proceeds derived directly or
indirectly from such violation or any property trace-
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able thereto,’’ before ‘‘and all vehicles’’ in the un-
numbered paragraph;
(2) inserting ‘‘proceeds,’’ before ‘‘vehicles’’ in
paragraph (3); and
(3) inserting the following at the end of the
subsection: ‘‘If a forfeiture count is included within
an indictment in accordance with the Federal Rules
of Criminal Procedure, and the defendant is con-
victed of the offense giving rise to the forfeiture, the
forfeiture may be ordered as part of the criminal
sentence in accordance with the procedures for
criminal forfeitures in chapter 46 of title 18, United
States Code. Otherwise, the forfeiture shall be civil
in nature in accordance with the procedures for civil
forfeiture in said chapter 46 of title 18.’’
SEC. 311. FORFEITURE OF INSTRUMENTALITIES OF TER-
RORISM, 
TELEMARKETING 
FRAUD, 
AND
OTHER OFFENSES.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding the follow-
ing subparagraphs:
‘‘(E)(i) Any computer, photostatic reproduction
machine, electronic communications device or other
material, article, apparatus, device or thing made,
possessed, fitted, used or intended to be used on a
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continuing basis to commit a violation of sections
513, 514, 1028 through 1032, and 1341, 1343 and
1344 of this title, or a conspiracy to commit such of-
fense, and any property traceable to such property.
‘‘(ii) Any conveyance used on two or more occa-
sions to transport the instrumentalities used in the
commission of a violation of sections 1028 and 1029
of this title, or a conspiracy to commit such offense,
and any property traceable to such conveyance.
‘‘(F) Any conveyance, chemicals, laboratory
equipment, or other material, article, apparatus, de-
vice or thing made, possessed, fitted, used or in-
tended to be used to commit—
‘‘(i) an offense punishable under Chapter
113B of this title (relating to terrorism);
‘‘(ii) a violation of the National Firearms
Act (26 U.S.C. chapter 53);
‘‘(iii) a violation of any of the following
sections of the federal explosives laws: sub-
sections (a) (1) and (3), (b) through (d), and
(h)(1) of section 842, and subsections (d)
through (m) of section 844; or
‘‘(iv) any other offense enumerated in sec-
tion 2339A(a) of this title;
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or a conspiracy to commit any such offense, and any
property traceable to such property.’’
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting the fol-
lowing new paragraph:
‘‘(4)(A) The court, in imposing a sentence on a
person convicted of a violation of sections 513, 514,
1028 through 1032, and 1341, 1343 and 1344 of
this title, or a conspiracy to commit such offense,
shall order the person to forfeit to the United States
any computer, photostatic reproduction machine,
electronic communications device or other material,
article, apparatus, device or thing made, possessed,
fitted, used or intended to be used to commit such
offense, and any property traceable to such property.
‘‘(B) The court, in imposing a sentence on a
person convicted of a violation of section 1028 or
1029 of this title, or a conspiracy to commit such of-
fense, shall order the person to forfeit to the United
States any conveyance used on two or more occa-
sions to transport the instrumentalities used to com-
mit such offense, and any property traceable to such
conveyance.
‘‘(5) The court, in imposing a sentence on a
person convicted of—