SEC. 344. DISCOVERY PROCEDURE FOR LOCATING FOR-
FEITED ASSETS. 
Section 413(m) of the Controlled Substances Act (21 
U.S.C. 853(m)) is amended by inserting before the period 
at the end the following: ‘‘to the extent that the provisions 
of the rule are consistent with the purposes for which dis-
covery is conducted under this subsection. Because this 
subsection applies only to matters occurring after the de-
fendant has been convicted and the property of the defend-
ant has been declared forfeited, the provisions of rule 15 
requiring the presence of the defendant at the deposition 
of any other witness, or a waiver by the defendant of a 
right to be present, shall not apply’’. 
SEC. 345. COLLECTION OF CRIMINAL FORFEITURE JUDG-
MENT. 
Section 413 of the Controlled Substances Act (21 
U.S.C. 853) is amended by adding at the end the following 
new subsection: 
‘‘(s) COLLECTION OF CRIMINAL FORFEITURE JUDG-
MENT.—An order of forfeiture in a criminal case may take 
the form of a money judgment and may be enforced— 
‘‘(1) in the manner provided for the collection 
and payment of fines in subchapter B of chapter 
229 of title 18, United States Code; 
‘‘(2) in the same manner as a judgment in a 
civil action; 
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‘‘(3) pursuant to Rule 32.2(e) of the Federal 
Rules of Criminal Procedure; or 
‘‘(4) pursuant to the Federal Debt Collection 
Act (28 U.S.C. 3001 et seq.).’’. 
SEC. 346. ABATEMENT OF FORFEITURE WHEN DEFENDANT 
DIES. 
(a) IN GENERAL.—Section 413 of the Controlled 
Substances Act (21 U.S.C. 853) is amended by adding at 
the end the following new subsection: 
‘‘(t) SPECIAL
CIVIL
FORFEITURE
PROCEEDINGS 
WHEN THE DEFENDANT DIES.— 
‘‘(1)(A) In any case in which criminal forfeiture 
has been alleged, if a defendant dies after a plea of 
guilty or nolo contendere has been accepted or a ver-
dict of guilty has been returned, but before the de-
fendant’s time for direct appeal from the conviction 
or from a criminal order of forfeiture has expired, or 
before any such appeal by the defendant, or any 
posttrial motion or appeal by the Government bear-
ing on the forfeiture or the underlying criminal con-
viction, has finally been resolved, the criminal for-
feiture proceeding shall be converted to a special 
civil forfeiture proceeding notwithstanding the expi-
ration of any civil forfeiture statute of limitations or 
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any time limitation set forth in section 983(a) of 
title 18, and shall be concluded as provided herein. 
‘‘(B) For purposes of this subsection, a plea of 
guilty or nolo contendere shall be considered to have 
been ‘accepted’ if a court has determined, pursuant 
to Rule 11(b) of the Federal Rules of Criminal Pro-
cedure, that the plea is voluntary and supported by 
a factual basis, notwithstanding that final accept-
ance may have been deferred pending review of a 
presentence report or otherwise; a verdict is ‘re-
turned’ when it is orally stated in open court; and 
‘direct appeal’ refers to an appeal filed, within the 
period provided by the applicable rule of appellate 
procedure, from the entry of the judgment or order 
of forfeiture, up to and including review by the Su-
preme Court. 
‘‘(2)(A) If a defendant dies after a plea of 
guilty or nolo contendere has been accepted or a ver-
dict of guilty has been returned, but before entry of 
a criminal order of forfeiture, the court, after a 
hearing at which the defendant’s personal represent-
ative shall have the same rights to present evidence 
and argument as the defendant would have had if he 
had survived, shall enter a special civil order of for-
feiture if the court finds, by a preponderance of the 
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evidence, that property, including substitute prop-
erty pursuant to subsection (p) of this section, is 
forfeitable as a result of the defendant’s conviction. 
‘‘(B) The special civil order of forfeiture shall 
forfeit to the United States all property, including 
substitute property, that would have been subject to 
criminal forfeiture if the defendant had survived, 
and may constitute, or include, a civil money judg-
ment against the defendant’s estate and any person 
holding property that would have been forfeitable in 
the criminal case if the defendant had survived. 
‘‘(C) Any third-party interests in property sub-
ject to a special civil order of forfeiture shall be de-
termined by the court pursuant to subsection (n) of 
this section as if the defendant had survived. While 
the defendant’s personal representative may contest 
forfeitability of particular property and the amount 
of any money judgment in a special civil order of 
forfeiture, third-party claimants under this sub-
section, as under subsection (n) as applied to crimi-
nal orders of forfeiture, may contest only issues of 
ownership. 
‘‘(3)(A) If a defendant dies after entry of a 
criminal order of forfeiture, but before the defend-
ant’s time for direct appeal from the underlying 
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criminal conviction or when the criminal order of 
forfeiture has expired, or before any such appeal by 
the defendant has finally been resolved, the criminal 
order of forfeiture shall become a special civil order 
of forfeiture by operation of law, and proceedings 
bearing on the forfeiture shall continue, and be con-
cluded, pursuant to this section. 
‘‘(B) If a defendant dies during the pendency of 
a posttrial motion or appeal by the Government con-
cerning a court’s failure to announce or enter a re-
quested order of forfeiture or to include such an 
order in the judgment, other error by the court with 
respect to the forfeiture, or a court’s postverdict dis-
missal of a criminal conviction that was a basis for 
criminal forfeiture, the court in which the matter is 
pending, on the Government’s motion, shall continue 
and conclude the proceeding pursuant to this sec-
tion, and, if the Government prevails, shall enter, or 
direct the entry by the district court of, a special 
civil order of forfeiture if the Government makes the 
showing required by paragraph (2)(A), or the court 
determines that such a showing was made before the 
defendant’s death during the proceedings that are 
the subject of the pending posttrial motion or ap-
peal. 
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‘‘(4)(A) In all proceedings concerning a special 
civil order of forfeiture, the court shall consider the 
relevant portions of the record of the criminal case. 
That record, including any agreements, admissions, 
stipulations, findings of fact, conclusions of law, or 
verdicts bearing upon the defendant’s guilt or the 
forfeitability of any property of the defendant, and 
any failure by the defendant to demand a jury ver-
dict on forfeiture, shall be binding on the defend-
ant’s personal representative in the district court, 
and on any appeal, to the extent that it would have 
bound the defendant in the criminal case. The 
record shall be binding upon any third-party claim-
ants to the extent that it would have bound them if 
the defendant had survived. 
‘‘(B) The defendant’s personal representative or 
the Government may file or pursue an otherwise per-
missible direct appeal, or an otherwise permissible 
motion under this section or the Federal Rules of 
Criminal Procedure (other than a motion under Rule 
33(b)(1) filed after death or after judgment), to 
challenge, enforce, correct, amend, modify, or rein-
state a special civil order of forfeiture, or to chal-
lenge or reinstate a verdict or plea of guilty or nolo 
contendere on which such an order is, or should be, 
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based. In any such appeal or motion, the death of 
the defendant shall not itself be a basis for relief. 
‘‘(5)(A) Proceedings concerning a special civil 
order of forfeiture, including any appeal or motion 
to challenge, enforce, correct, amend, modify, or re-
instate such an order or to challenge or reinstate a 
verdict or plea of guilty or nolo contendere under-
lying such an order, shall be governed by the provi-
sions of this section and the law and procedures that 
would have applied if the defendant had survived 
and the forfeiture proceedings had been conducted 
and concluded in the criminal case, except that the 
special civil order of forfeiture need not be included 
in any criminal sentence or judgment, and the per-
sonal representative of the defendant shall be sub-
stituted for the defendant. Section 983 of title 18 
and section 2465(b) of title 28 shall not apply. 
‘‘(B) A personal representative, if not otherwise 
appointed, shall be appointed by the district court 
before which the criminal case was filed or by the 
court of appeals if the matter is pending on appeal 
at the time of the defendant’s death. Counsel may 
be appointed for the personal representative of the 
defendant if counsel would have been available to the 
defendant under 18 U.S.C. 3006A. The court may 
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toll any applicable deadline during the period nec-
essary to appoint the personal representative and, 
where appropriate, counsel. 
‘‘(C) Appeals by any party from or concerning 
a special civil order of forfeiture shall be governed 
by the rules applicable to civil appeals. A special civil 
order of forfeiture shall be final as to the defendant 
and the defendant’s estate upon initial entry, and 
shall be final as to any third-party interests upon 
entry of any order, or amended order, finally deter-
mining such interests pursuant to subsection (n). 
‘‘(6) Any forfeiture protective orders in effect at 
the time of a defendant’s death shall continue in ef-
fect unless modified by the court after a hearing or 
pursuant to a motion by the Government. Upon the 
Government’s motion, the court shall take any ac-
tion necessary to preserve the availability of property 
for forfeiture pursuant to this subsection.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) NONABATEMENT.—Section 983 of title 18, 
United States Code, is amended by adding the fol-
lowing new subsection after subsection (j): 
‘‘(k) NONABATEMENT OF FORFEITURE.— 
‘‘(1) The death of an individual does not affect 
the Government’s ability to seek, or to continue to 
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pursue, civil in rem forfeiture of property as author-
ized by law, except as provided herein. Notwith-
standing the expiration of any civil forfeiture statute 
of limitations or any time limitation set forth in sub-
section (a), the Government may commence in rem 
civil forfeiture proceedings, within the greater of the 
time period otherwise authorized by law or 2 years 
after the death of an individual against whom a 
criminal indictment alleging forfeiture is pending at 
the time of death, against all interests in any prop-
erty alleged to be forfeitable in the indictment. 
‘‘(2) The effect of the death of a defendant 
upon criminal forfeiture shall be governed by section 
413(t) of the Controlled Substances Act (21 U.S.C. 
853(t)).’’. 
(2) SPECIAL
FORFEITURE.—Section 983(i)(2) 
of title 18, United States Code, is amended by add-
ing at the end the following new subparagraph: 
‘‘(F) special civil forfeiture proceedings 
pursuant to section 413(t) of the Controlled 
Substances Act (21 U.S.C. 853(t).’’. 
SEC. 347. FORFEITABLE PROPERTY TRANSFERRED TO 
THIRD PARTIES. 
Section 413(c) of the Controlled Substances Act (21 
U.S.C. 853(c)), as amended by this Act, is amended— 
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(1) by designating the present matter as para-
graph (1); 
(2) in paragraph (1), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a) or (p)’’; and 
(3) by adding at the end the following: 
‘‘(2)(A) If, as provided in paragraph (1), property 
transferred to a transferee is ordered forfeited, the trans-
feree shall deposit the forfeited property in the registry 
of the Court, or with the United States Marshals Service 
or other Government custodian, pending the conclusion of 
any ancillary proceeding pursuant to subsection (n). 
‘‘(B) If the transferee fails to establish pursuant to 
subsection (n)(6)(B) that the transferee is a bona fide 
purchaser for value of the forfeited property, but the 
transferee is unable, due to the transferee’s act or omis-
sion, to surrender the forfeited property to the United 
States, the transferee shall owe the United States a sum 
of money equal to the greater of— 
‘‘(i) the value of the property at the time of the 
transfer, plus interest from the time of the transfer; 
‘‘(ii) the value of the property at the time it 
was converted by the third party, plus interest from 
the time of the conversion; or 
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‘‘(iii) the value of the property at the time the 
third party is found liable to the Government under 
this subsection. 
‘‘(C) Once the ancillary proceedings regarding the 
transferee’s claim to be a bona fide purchaser are con-
cluded, the district court that issued the order of forfeiture 
shall issue a judgment in favor of the United States and 
against the transferee for the amount of money to which 
the United States is entitled. All money collected pursuant 
to such a judgment shall constitute forfeited property 
under this section.’’. 
SEC. 348. FORFEITURE OF THIRD-PARTY INTERESTS IN 
CRIMINAL CASES. 
(a) IN GENERAL.—Section 413 of the Controlled 
Substances Act (21 U.S.C. 853) is amended by adding at 
the end the following: 
‘‘(u) FORFEITURE OF THIRD-PARTY INTERESTS.— 
In lieu of filing a parallel civil forfeiture action, and not-
withstanding the expiration of any statute of limitations 
regarding such action, the Government may seek the for-
feiture of a third party’s interest in property subject to 
forfeiture under this section at the conclusion of the ancil-
lary proceeding described in subsection (n). Such pro-
ceeding shall be an in rem proceeding in which the third 
party shall first have the burden of establishing a legal 
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interest in the property pursuant to subsection (n), after 
which the Government shall have the burden of estab-
lishing the forfeitability of the third party’s interest in the 
manner provided for civil forfeitures in chapter 46, title 
18, United States Code, and the third party shall have 
the burden of establishing an innocent owner defense pur-
suant to such chapter.’’. 
(b) CONFORMING AMENDMENT.—Section 413(n)(6) 
of the Controlled Substances Act (21 U.S.C. 853(n)(6)) 
is amended by inserting ‘‘, unless the Government notifies 
the court that it will seek to forfeit the petitioner’s interest 
pursuant to subsection (u)’’ after ‘‘in accordance with its 
determination’’. 
SEC. 349. SEVERANCE OF JOINTLY HELD PROPERTY. 
(a) IN GENERAL.—Section 413 of the Controlled 
Substances Act (21 U.S.C. 853) is amended by adding at 
the end the following new subsection: 
‘‘(v) SEVERANCE OF JOINTLY HELD PROPERTY.— 
‘‘(1) If the court determines, pursuant to sub-
section (n) or (u), that a third party had a partial 
nonforfeitable 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— 
‘‘(A) severing the property; 
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‘‘(B) transferring the property to the gov-
ernment with a provision that the government 
compensate the third party to the extent of his 
or her nonforfeitable ownership interest once a 
final order of forfeiture has been entered and 
the property has been reduced to liquid assets; 
or 
‘‘(C) if neither (A) nor (B) is reasonably 
practical under all of the circumstances, permit-
ting the third party to retain the property sub-
ject to a lien in favor of the Government to the 
extent of the forfeitable interest in the property, 
and entering any order necessary to ensure that 
the value of the property is maintained, includ-
ing— 
‘‘(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 
Admiralty or Maritime Claims and Asset 
Forfeiture Actions; and 
‘‘(iii) requiring the property owner to 
obtain or maintain insurance on the sub-
ject property. 
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‘‘(2) 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, so that a lien 
created pursuant to (1)(C) will entitle the Govern-
ment to the forfeitable portion of the property’s 
value at the time title to the property is trans-
ferred.’’. 
(b) CONFORMING AMENDMENT.—Section 983(d)(5) 
of title 18, United States Code, is amended— 
(1) by amending subparagraph (C) to read as 
follows: 
‘‘(C) if neither (A) nor (B) is reasonably 
practical under all of the circumstances, permit-
ting the third party to retain the property sub-
ject to a lien in favor of the Government to the 
extent of the nonforfeitable interest in the prop-
erty, and entering any order necessary to en-
sure that the value of the property is main-
tained, 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 
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100 
Admiralty or Maritime Claims and Asset 
Forfeiture Actions; and 
‘‘(iii) requiring the property owner to 
obtain or maintain insurance on the sub-
ject property.’’. 
(2) by adding at the end the following: 
‘‘To effectuate the purposes of this subsection, a joint ten-
ancy or tenancy by the entireties shall be converted to a 
tenancy in common by order of the court, irrespective of 
State law, so that a lien created pursuant to (1)(C) will 
entitle the Government to the forfeitable portion of the 
property’s value at the time title to the property is trans-
ferred.’’. 
SEC. 350. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL 
FORFEITURE THROUGH BANKRUPTCY. 
Section 413(c) of the Controlled Substances Act (21 
U.S.C. 853(c)), as amended by this Act, is further amend-
ed by adding at the end the following new paragraph: 
‘‘(3) Forfeiture under this section shall have 
priority over any bankruptcy proceeding instituted 
after the commission of the offense giving rise to the 
forfeiture.’’. 
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101 
SEC. 351. UNIFORM PROCEDURES FOR CRIMINAL FOR-
FEITURE. 
(a) IN GENERAL.—Section 3554 of title 18, United 
States Code, is amended to read as follows: 
‘‘(a) The court, in imposing sentence on a defendant 
who has been found guilty of an offense for which the for-
feiture of property is authorized, shall order, in addition 
to any sentence imposed pursuant to section 3551, the for-
feiture of the property to the United States in accordance 
with Rule 32.2 of the Federal Rules of Criminal Procedure 
and section 413 of the Controlled Substances Act (21 
U.S.C. 853). 
‘‘(b) If any property subject to forfeiture is unavail-
able, the court shall enter a personal money judgment 
against the defendant in an amount equal to the value 
of the unavailable property. 
‘‘(c) Section 413(d) of the Controlled Substances Act 
(21 U.S.C. 853(d)) does not apply to forfeitures under this 
section unless the defendant is convicted of a violation of 
the Controlled Substances Act.’’. 
(b) RICO.—Section 1963 of title 18, United States 
Code, is amended by repealing subsections (b) through 
(m) and inserting the following after subsection (a): 
‘‘(n) The forfeiture of property under this section 
shall be governed by Rule 32.2 of the Federal Rules of 
Criminal Procedure and the provisions of section 413 of 
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102 
the Controlled Substances Act (21 U.S.C. 853), except for 
subsection 413(d) which shall not apply to forfeitures 
under this section.’’. 
(c) ESPIONAGE.—Section 794(d)(3) of title 18, 
United States Code, is amended to read as follows: 
‘‘(3) The forfeiture of property under this sec-
tion shall be governed by Rule 32.2 of the Federal 
Rules of Criminal Procedure and the provisions of 
section 413 of the Controlled Substances Act (21 
U.S.C. 853), except for subsection 413(d) which 
shall not apply to forfeitures under this section.’’. 
SEC. 352. APPEALS. 
Section 3742 of title 18, United States Code, is 
amended by adding the following new subsection: 
‘‘(k) CRIMINAL FORFEITURE.—The Government may 
file a notice of appeal in the district court for review of 
any aspect of the forfeiture portion of a sentence, of a 
court’s failure to include forfeiture in a sentence for any 
offense for which forfeiture is authorized upon conviction, 
or of any postjudgment forfeiture order, including orders 
granting or denying motions pursuant to rule 32.2(e) of 
the Federal Rules of Criminal Procedure. The notice may 
be filed pursuant to Fed. R. App. P. 4(b) within 30 days 
after the sentencing judgment, or subsequent forfeiture 
order, is entered, or within 30 days after the district court 
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103 
denies a motion for reconsideration of the forfeiture sen-
tencing issue or forfeiture order.’’. 
SEC. 353. VICTIMS, RESTITUTION, AND FORFEITURE. 
Section 413 of the Controlled Substances Act (21 
U.S.C. 853), as amended by this Act, is further amended 
by adding the following at the end: 
‘‘(w) VICTIMS AND RESTITUTION.—The defendant 
may not use property forfeited under this section to satisfy 
an order of restitution. If an order of forfeiture is entered 
pursuant to this section and the defendant has no assets 
other than the forfeited property to pay restitution to 
identifiable victims, the Attorney General is authorized to 
restore or remit forfeited property to victims in accordance 
with subsection (i)(1) and the applicable provisions of title 
28, Code of Federal Regulations 9, once the ancillary pro-
ceeding under subsection (n) has been completed and the 
costs of the forfeiture action have been deducted.’’. 
SEC. 354. AUTHORITY OF SECRETARY OF HOMELAND SECU-
RITY. 
(a) Subsection 981(d) of title 18 is amended by in-
serting after ‘‘the Secretary of the Treasury,’’: ‘‘the Sec-
retary of Homeland Security,’’. 
(b) Subsection 981(e) of title 18 is amended by in-
serting after ‘‘the Secretary of the Treasury,’’ each time 
it appears: ‘‘the Secretary of Homeland Security,’’. 
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104 
CHAPTER 2—INTERNATIONAL 
PROVISIONS 
SEC. 361. PROCEDURES FOR ENFORCEMENT OF FOREIGN 
FORFEITURE JUDGMENTS AND PROTECTIVE 
ORDERS. 
(a) IN GENERAL.—Section 2467 of title 28, United 
States Code, is amended to read as follows: 
‘‘SEC. 2467. ENFORCEMENT OF FOREIGN JUDGMENTS AND 
PROTECTIVE ORDERS. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘foreign nation’ means a country 
or territory that has become a party to the United 
Nations Convention Against Illicit Traffic in Nar-
cotic Drugs and Psychotropic Substances (referred 
to in this section as the ‘United Nations Conven-
tion’) or a foreign jurisdiction with which the United 
States has a treaty or other formal international 
agreement in effect providing for mutual forfeiture 
assistance or which will render forfeiture assistance 
to the United States based on assurances of reci-
procity; 
‘‘(2) the term ‘forfeiture or confiscation judg-
ment’ means a final order of a foreign nation com-
pelling a person or entity— 
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105 
‘‘(A) to pay a sum of money representing 
the proceeds of an offense described in article 
3, paragraph 1, of the United Nations Conven-
tion, any violation of foreign law that would 
constitute a violation or an offense for which 
property could be forfeited under Federal law if 
the offense were committed in the United 
States, or any foreign offense described in sec-
tion 1956(c)(7)(B) of title 18, or property the 
value of which corresponds to such proceeds; or 
‘‘(B) to forfeit property involved in or 
traceable to the commission of such offense. 
‘‘(b) REVIEW BY ATTORNEY GENERAL.— 
‘‘(1) IN GENERAL.—A foreign nation seeking to 
have a forfeiture or confiscation judgment registered 
and enforced by a district court of the United States 
under this section shall first submit a request to the 
Attorney General or the designee of the Attorney 
General, which request shall include— 
‘‘(A) a summary of the facts of the case 
and a description of the proceedings that re-
sulted in the forfeiture or confiscation judg-
ment; 
‘‘(B) a certified copy of the forfeiture or 
confiscation judgment; 
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106 
‘‘(C) an affidavit or sworn declaration es-
tablishing that the foreign nation took steps, in 
accordance with the principles of due process, 
to give notice of the proceedings to all persons 
with an interest in the property in sufficient 
time to enable such persons to defend against 
the charges and that the judgment rendered is 
in force and is not subject to appeal; and 
‘‘(D) such additional information and evi-
dence as may be required by the Attorney Gen-
eral or the designee of the Attorney General. 
‘‘(2) CERTIFICATION OF REQUEST.—The Attor-
ney General or the designee of the Attorney General 
shall determine whether, in the interest of justice, to 
certify the request, and such decision shall be final 
and not subject to either judicial review or review 
under subchapter II of chapter 5, or chapter 7, of 
title 5 (commonly known as the ‘Administrative Pro-
cedure Act’). 
‘‘(c) JURISDICTION AND VENUE.— 
‘‘(1) IN GENERAL.—If the Attorney General or 
the designee of the Attorney General certifies a re-
quest under subsection (b), the United States may 
file an application in the district court of the United 
States seeking to enforce the foreign forfeiture or 
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107 
confiscation judgment as if the judgment had been 
entered by a court in the United States. 
‘‘(2) PROCEEDINGS.—In a proceeding filed 
under paragraph (1)— 
‘‘(A) the United States shall be the appli-
cant and any person or entity affected by the 
forfeiture or confiscation judgment shall be the 
respondent; 
‘‘(B) venue shall lie in the District Court 
for the District of Columbia or in any other dis-
trict in which any person or entity against 
whom the foreign forfeiture or confiscation 
judgment was entered or may be enforced, or in 
which the property that may be the basis for 
satisfaction of a judgment under this section 
may be found; 
‘‘(C) the United States shall serve process 
in accordance with the Federal Rules of Civil 
Procedure and the Supplemental Rules upon 
such property as may form the basis for satis-
faction of the foreign judgment or upon such 
persons or entities against whom such foreign 
order may be executed. The United States shall 
provide written notice to such persons as may 
be known to the United States to have an inter-
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PWALKER on PROD1PC71 with BILLS
108 
est in the property against which the foreign 
judgment is to be executed and shall publish 
notice of such enforcement action in a publica-
tion generally circulated in the district where 
the action is filed, in a newspaper or legal no-
tice generally circulated in the country that re-
quested the United States to forfeit the prop-
erty or by posting a notice on an official Inter-
net Government forfeiture site for at least 30 
consecutive days; 
‘‘(D) any person claiming an interest in 
the property may file a response to the applica-
tion of the United States, except that such re-
sponse must be filed not later than 30 days 
after the date of service of the Government’s 
application or, as applicable, not later than 30 
days after the date of final publication of notice 
of the filing of the application. Such response 
shall— 
‘‘(i) identify the specific property 
being claimed; 
‘‘(ii) state the respondent’s interest in 
such property; 
‘‘(iii) set forth with specificity the 
basis upon which the foreign judgment 
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PWALKER on PROD1PC71 with BILLS
109 
should not be enforced in accordance with 
paragraph (d); and 
‘‘(iv) be made under oath, subject to 
penalty of perjury; 
‘‘(E) the Court, sua sponte, or upon mo-
tion of the United States shall strike any re-
sponse or any portion of a response lodged pur-
suant to subparagraph (D) that does not raise 
a claim upon which the enforcement of the for-
eign judgment could be denied under paragraph 
(d); and 
‘‘(F) foreign forfeiture or confiscation 
judgments certified for enforcement pursuant to 
subsection (b)(2) shall be presumptively valid 
and the burden to establish the invalidity of any 
such foreign judgment shall be upon the re-
spondent by clear and convincing evidence. 
‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.— 
‘‘(1) IN
GENERAL.—The district court shall 
enter such orders as may be necessary to enforce the 
foreign forfeiture or confiscation judgment unless 
the court finds that— 
‘‘(A) the judgment was rendered under a 
system that provides tribunals or procedures in-
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PWALKER on PROD1PC71 with BILLS
110 
compatible with the requirements of due process 
of law; 
‘‘(B) the foreign court lacked personal ju-
risdiction over the defendant; 
‘‘(C) the foreign court lacked jurisdiction 
over the subject matter; 
‘‘(D) the foreign nation did not take steps, 
in accordance with the principles of due proc-
ess, to give notice of the proceedings to a per-
son with an interest in the property of the pro-
ceedings in sufficient time to enable him or her 
to defend; or 
‘‘(E) the judgment was obtained by fraud. 
‘‘(2) PROCESS.— 
‘‘(A) Foreign forfeiture or confiscation or-
ders enforced pursuant to subsection (d)(1) 
shall have full force and effect as if they were 
entered in a United States forfeiture pro-
ceeding. Upon entry of an order of enforcement 
pursuant to subsection (d)(1), any interest in 
property forfeited pursuant to this section shall 
vest in the United States as of the time of the 
commission of the offense that gave rise to the 
foreign order of forfeiture or confiscation. 
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PWALKER on PROD1PC71 with BILLS
111 
‘‘(B) In the event that a response is not 
properly filed within the period set forth in sub-
section (c)(2)(D), the Court, upon motion of the 
United States, may enter a default order to en-
force the foreign judgment. 
‘‘(C) The disposition of any assets forfeited 
to the United States through the enforcement 
of a foreign forfeiture or confiscation judgment 
under this section shall be made in the same 
manner as is authorized for the disposition of 
assets forfeited to the United States pursuant 
to sections 981(e) and 981(i) of title 18. 
‘‘(D) The custodian of property subject to 
an order issued or obtained pursuant to sub-
section (d)(1) or (3) of this section, will be such 
officers, agents, or other persons as authorized 
or designated for that purpose under the rel-
evant provisions of section 981(d) of title 18. 
‘‘(3) PRESERVATION OF PROPERTY.— 
‘‘(A) IN GENERAL.—To preserve the avail-
ability of property subject to forfeiture or con-
fiscation under foreign law, the Government 
may apply for, and the court may issue, a pro-
tective order utilizing the procedures of sections 
981(b)(4) or 983(j) of title 18, at any time be-
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PWALKER on PROD1PC71 with BILLS
112 
fore or after an application is filed pursuant to 
subsection (c)(1) of this section regardless 
whether the foreign forfeiture proceedings insti-
tuted or contemplated are civil or criminal in 
nature. 
‘‘(B) EVIDENCE.—The court, in issuing a 
protective order under subparagraph (A)— 
‘‘(i) may rely on information set forth 
in an affidavit describing the nature of the 
proceeding or investigation underway in 
the foreign nation, and setting forth a rea-
sonable basis to believe that the property 
to be restrained, seized, or otherwise pre-
served will be named in a judgment of for-
feiture at the conclusion of such pro-
ceeding; or 
‘‘(ii) may register and enforce an 
order restraining, seizing or otherwise pre-
serving property subject to forfeiture that 
has been issued by a competent legal au-
thority in the foreign nation. 
‘‘(C) LIMIT
ON
GROUNDS
FOR
OBJEC-
TION.—No person may object to a protective 
order under subparagraph (A) on any ground 
that is the subject of parallel litigation involving 
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PWALKER on PROD1PC71 with BILLS
113 
the same property that is pending in a foreign 
court. 
‘‘(e) FINALITY OF FOREIGN FINDINGS.—In entering 
orders to enforce the judgment, the court shall be bound 
by the findings of fact to the extent that they are stated 
in the foreign forfeiture or confiscation judgment. 
‘‘(f) CURRENCY CONVERSION.—The rate of exchange 
in effect at the time the decision to enforce the judgment 
is entered shall be used in calculating the amount stated 
in any forfeiture or confiscation judgment requiring the 
payment of a sum of money submitted for registration. 
‘‘(g) No person shall have any right of action at law 
or equity against the United States, its officers, employ-
ees, or any other person acting on behalf of, or at the 
direction of the United States, that arises from any action 
taken pursuant to this section, or the return or release 
of property restrained, seized, or forfeited pursuant to this 
section, including, but not limited to, actions for damages, 
costs, interest, or attorneys fees.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 2467 in the Chapter Analysis for chapter 163 
of title 28, United States Code, is amended to read as 
follows: 
‘‘2467. Enforcement of foreign judgments and protective orders.’’. 
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114 
SEC. 362. EXTRATERRITORIAL JURISDICTION. 
Section 1956(f)(1) of title 18, United States Code, 
is amended by inserting ‘‘or has an effect in the United 
States’’ after ‘‘conduct occurs in part in the United 
States’’. 
SEC. 363. SUSPENSION OF THE STATUTE OF LIMITATIONS 
TO OBTAIN FOREIGN EVIDENCE. 
Section 3292 of title 18, United States Code, is 
amended by adding the following after subsection (d): 
‘‘(e) CIVIL FORFEITURES.—In a case in which the 
United States contemplates filing a civil forfeiture action, 
the United States may apply to a district court where the 
action may be filed to suspend the running of the statute 
of limitations under (19 U.S.C. 1621) pursuant to this 
section.’’. 
CHAPTER 3—CIVIL FORFEITURE 
SEC. 371. COMPUTERS AND OTHER DEVICES USED FOR 
COUNTERFEITING. 
Section 492 of title 18, United States Code, is 
amended— 
(1) by striking the third and fourth undesig-
nated paragraphs; 
(2) by designating the remaining paragraphs as 
subsections (a) and (b); and 
(3) by adding the following new subsection after 
subsection (b): 
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PWALKER on PROD1PC71 with BILLS
115 
‘‘(c) The provisions of chapter 46 of title 18 relating 
to civil forfeitures shall extend to any seizure or civil for-
feiture under this section.’’. 
SEC. 372. FUNGIBLE PROPERTY IN BANK ACCOUNTS. 
(a) IN GENERAL.—Section 984 of title 18, United 
States Code, is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) The provisions of this section may be invoked 
only if the action for forfeiture was commenced by the sei-
zure or restraint of the property, or by the filing of a com-
plaint, within 2 years of the completion of the offense that 
is the basis for the forfeiture.’’. 
(b) DEFINITION OF FUNGIBLE PROPERTY.—Section 
984(a) of title 18 is amended— 
(1) by inserting ‘‘, jewels or stones’’ after ‘‘pre-
cious metals’’; and 
(2) by striking ‘‘as defined in section 20 of this 
title’’ and inserting ‘‘as defined in section 5312 of 
title 31’’. 
SEC. 373. AVAILABILITY OF TAX RECORDS. 
(a) IN GENERAL.—Section 6103 of the Internal Rev-
enue Code (26 U.S.C. 6103) is amended— 
(1) in subparagraph (a)(3), by inserting ‘‘para-
graph 9 of subsection (i)’’ after ‘‘under subsection 
(e)(1)(D)(iii)’’; 
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PWALKER on PROD1PC71 with BILLS
116 
(2) in subparagraph (i)(1)(A)(i) by inserting 
‘‘or civil forfeiture statute’’ after ‘‘enforcement of a 
specifically designated Federal criminal statute’’; 
(3) in subparagraph (i)(1)(B)(iii) by inserting 
‘‘or civil forfeiture investigation or proceeding’’ after 
‘‘Federal criminal investigation or proceeding’’; 
(4) in subparagraph (i)(4)(A) by replacing ‘‘or 
related civil forfeiture’’ with ‘‘or civil forfeiture stat-
ute’’; and 
(5) by adding new paragraph (i)(9), after para-
graph (i)(8) as follows: 
‘‘(9) For the purposes of this subsection and 
subsection (a), an employee of the Department of 
Justice includes a Government contractor who is 
personally and directly engaged in the activities de-
scribed in this subsection under the direction of the 
Department of Justice.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 7213 
of the Internal Revenue Code (26 U.S.C. 7213) is amend-
ed in subparagraph (a)(1) by inserting the following after 
‘‘employee of the United States’’ the first time it appears: 
‘‘, any person described in subsection 6103(i)(9),’’. 
(2) Section 7213A of the Internal Revenue Code (26 
U.S.C. 7213A) is amended in subparagraph (a)(1)(B) by 
inserting ‘‘(i)(9),’’ after ‘‘described in subsection’’. 
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117 
SEC. 374. CIVIL ORDER TO REPATRIATE ASSETS. 
Section 983(j) of title 18 United States Code is 
amended by adding after paragraph (4) the following— 
‘‘(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 any per-
son 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 
other Government custodian, in an interest- 
bearing account, if appropriate. 
‘‘(B) FAILURE
TO
COMPLY.—Failure to 
comply with order under this subsection shall 
be punishable as a civil or criminal contempt of 
court, and may also result in an enhancement 
of the sentence of a criminal defendant subject 
to such an order under the obstruction of jus-
tice provision of the Federal Sentencing Guide-
lines.’’. 
SEC. 375. CLARIFICATION OF 18 U.S.C. 3322. 
(a) Section 3322(a) of title 18, United States Code, 
is amended by inserting the following before the period: 
‘‘, including, but not limited to, disclosing such informa-
tion in a complaint, or in an application for a seizure war-
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PWALKER on PROD1PC71 with BILLS
118 
rant or restraining order, or for use at any trial or hear-
ing. Disclosure to an attorney for the Government under 
this section shall include disclosure to any investigative 
agency attorney, and any Government or investigative 
agency employee or contractor engaged in assisting the at-
torney to whom the information is disclosed in the conduct 
of civil or criminal forfeiture proceedings’’. 
(b) Subsection 3322(d)(1)(A) is amended— 
(1) by deleting ‘‘or’’; and 
(2) by inserting after ‘‘1957’’: ‘‘, or 1960’’. 
SEC. 376. INAPPLICABILITY OF LIABILITY FOR ATTORNEYS 
FEES 
IN 
INTERNATIONAL 
MONEY 
LAUN-
DERING CASES. 
Section 2465 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(c) The United States is not liable for attorneys fees 
or other litigation costs pursuant to subsection (b)(1) if— 
‘‘(1) the forfeiture action involved the move-
ment of funds across an international border or into 
or out of an account at a foreign financial institu-
tion and the Government established the forfeit-
ability of the property pursuant to the applicable 
statute by a preponderance of the evidence; or 
‘‘(2) the Government restrained or seized prop-
erty, or filed a forfeiture action, pursuant to section 
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PWALKER on PROD1PC71 with BILLS
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981(b)(4) of title 18, or section 2467 of this title, 
in accordance with a request from a foreign Govern-
ment or international authority.’’. 
SEC. 377. VENUE FOR PRISONER CHALLENGES TO SEIZURE 
OF CRIME PROCEEDS. 
(a) IN GENERAL.—Section 983(e) of title 18, United 
States Code, is amended— 
(1) in paragraph (3), by adding at the end the 
following: ‘‘If the person filing the motion was a de-
fendant in a criminal prosecution related to the sei-
zure of the property, the motion must be filed in the 
district where such prosecution took place, or in the 
district where the property was seized.’’; and 
(2) by adding the following new paragraph at 
the end: 
‘‘(6) Any person entitled to written notice in a 
judicial forfeiture proceeding under a civil forfeiture 
statute who does not receive such notice may file a 
motion to set aside the judgment of forfeiture with 
respect to that person’s interest in the property in 
accordance with the procedures for setting aside a 
nonjudicial forfeiture, as set forth in paragraphs (1) 
through (5).’’. 
(b) EFFECTIVE DATE.—The provisions of section 
983(e), United States Code, as amended by Public Law 
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106–185, shall apply to any motion to set aside a declara-
tion or judgment of forfeiture where such motion is filed 
on or after August 23, 2000. 
SEC. 378. AFFORDING PROPERTY OWNERS A HEARING ON 
THE SEIZURE OF REAL PROPERTY. 
Section 985(e) of title 18, United States Code, is 
amended by striking ‘‘shall conduct a prompt postseizure 
hearing during which the property owner shall have an 
opportunity to contest the basis for the seizure’’ and in-
serting ‘‘shall afford the property owner an opportunity 
for a prompt postseizure hearing to determine whether 
there was probable cause for the seizure’’. 
SEC. 379. JURISDICTION OF MAGISTRATES. 
Section 636(a) of title 28, United States Code, is 
amended— 
(1) in paragraph (4), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) all powers and duties conferred or imposed 
upon the courts by sections 981–86 of title 18, 
United States Code, in connection with forfeiture 
proceedings, but not including the conduct of the 
trial.’’. 
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