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diction of the court, or otherwise made unavailable 
for forfeiture; and 
‘‘(ii) the need to preserve the availability of the 
property through the entry of the requested order 
outweighs the hardship on any party against whom 
the order is to be entered. 
‘‘(2) LENGTH.—An order entered pursuant to paragraph 
(1)(B) shall be effective for not more than 90 days, unless 
extended by the court for good cause shown or unless an 
indictment or information described in paragraph (1)(A) 
has been filed. 
‘‘(3) EX PARTE.—A temporary restraining order under 
this subsection may be entered upon application of the 
United States without notice or opportunity for a hearing 
when an information or indictment has not yet been filed 
with respect to the property, if the United States dem-
onstrates that there is probable cause to believe that the 
property with respect to which the order is sought would, 
in the event of conviction, be subject to forfeiture under 
this section and that provision of notice will jeopardize the 
availability of the property for forfeiture. Such a temporary 
order shall expire not more than ten days after the date on 
which it is entered, unless extended for good cause shown 
or unless the party against whom it is entered consents to 
an extension for a longer period. A hearing requested con-
cerning an order entered under this paragraph shall be held 
at the earliest possible time and prior to the expiration of 
the temporary order. 
‘‘(4) EVIDENCE.—The court may receive and consider, at 
a hearing held pursuant to this subsection, evidence and in-
formation that would be inadmissible under the Federal 
Rules of Evidence. 
‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 
‘‘(A) IN
GENERAL.—Pursuant to its authority to 
enter a pretrial restraining order under this section, the 
court may order a defendant to repatriate any property 
that may be seized and forfeited, and to deposit that 
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property pending trial in the registry of the court, or 
with the United States Marshals Service or the Sec-
retary of the Treasury, in an interest-bearing account, 
if appropriate. 
‘‘(B) FAILURE TO COMPLY.—Failure to comply with 
an order under this subsection, or an order to repa-
triate property under subsection (o), shall be punish-
able as a civil or criminal contempt of court, and may 
also result in an enhancement of the sentence of the 
defendant under the obstruction of justice provision of 
the Federal Sentencing Guidelines. 
‘‘(e) WARRANT OF SEIZURE.—The Government may request 
the issuance of a warrant authorizing the seizure of property 
subject to forfeiture under this section in the same manner as 
provided for a search warrant. If the court determines that 
there is probable cause to believe that the property to be seized 
would, in the event of conviction, be subject to forfeiture and 
that an order under subsection (d) may not be sufficient to as-
sure the availability of the property for forfeiture, the court 
shall issue a warrant authorizing the seizure of such property. 
‘‘(f) EXECUTION.—Upon entry of an order of forfeiture 
under this section, the court shall authorize the Attorney Gen-
eral to seize all property ordered forfeited upon such terms and 
conditions as the court shall deem proper. Following entry of 
an order declaring the property forfeited, the court may, upon 
application of the United States, enter such appropriate re-
straining orders or injunctions, require the execution of satis-
factory performance bonds, appoint receivers, conservators, ap-
praisers, accountants, or trustees, or take any other action to 
protect the interest of the United States in the property or-
dered forfeited. Any income accuring to or derived from prop-
erty ordered forfeited under this section may be used to offset 
ordinary and necessary expenses to the property which are re-
quired by law, or which are necessary to protect the interests 
of the United States or third parties. 
‘‘(g) DISPOSITION OF PROPERTY.—Following the seizure of 
property ordered forfeited under this section, the Attorney Gen-
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eral shall direct the disposition of the property by sale of any 
other any other commercially feasible means, making due provi-
sion for the rights of any innocent persons. Any property right 
or interest not exercisable by, or transferable for value to, the 
United States shall expire and shall not revert to the defend-
ant, nor shall the defendant or any person acting in concert 
with or on the behalf of the defendant be eligible to purchase 
forfeited property at any sale held by the United States. Upon 
application of a person, other than the defendant or a person 
acting in concert with or on the behalf of the defendant, the 
court may restrain or stay the sale or disposition of the prop-
erty pending the conclusion of any appeal of the criminal case 
giving rise to the forfeiture, if the applicant demonstrates that 
proceeding with the sale or disposition of the property will re-
sult in irreparable injury, harm, or loss to the applicant. 
‘‘(h) AUTHORITY OF THE ATTORNEY GENERAL.—With re-
spect to property ordered forfeited under this section, the At-
torney General is authorized to— 
‘‘(1) grant petitions for mitigation or remission of for-
feiture, restore forfeited property to victims of a violation, 
or take any other action to protect the rights of innocent 
persons which is in the interest of justice and which is not 
inconsistent with the provisions of this section; 
‘‘(2) compromise claims arising under this section; 
‘‘(3) award compensation to persons providing informa-
tion resulting in a forfeiture under this section; 
‘‘(4) direct the disposition by the United States, in ac-
cordance with section 511(e) of the Controlled Substances 
Act, of all property ordered forfeited under this section by 
public sale or any other commercially feasible means, mak-
ing due provision for the rights of innocent persons; and 
‘‘(5) take appropriate measures necessary to safeguard 
and maintain property ordered forfeited under this section 
pending its disposition. 
‘‘(i) APPLICABILITY OF CIVIL FORFEITURE PROVISIONS.— 
Except to the extent that they are inconsistent with this sec-
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tion, section 511(d) of the Controlled Substances Act applies 
to a criminal forfeiture under this section. 
‘‘(j) BAR ON INTERVENTION.—Except as provided in sub-
section (m), no party claiming an interest in property subject 
to forfeiture under this section may— 
‘‘(1) intervene in a trial or appeal of a criminal case in-
volving the forfeiture of such property under this section; 
or 
‘‘(2) commence an action at law or equity against the 
United States concerning the validity of his alleged interest 
in the property subsequent to the filing of an indictment 
or information alleging that the property in subject to for-
feiture under this section. 
‘‘(k) JURISDICTION TO ENTER ORDERS.—The district courts 
of the United States shall have jurisdiction to enter orders as 
provided in this section without regard to the location of any 
property which may be subject to forfeiture under this section 
or which has been ordered forfeited under this section. 
‘‘(l) DEPOSITIONS.—In order to facilitate the identification 
and location of property declared forfeited and to facilitate the 
disposition of petitions for remission or mitigation of forfeiture, 
after the entry of an order declaring property forfeited to the 
United States, the court may, upon application of the United 
States, order that the testimony of any witness relating to the 
property forfeited be taken by deposition and that any des-
ignated book, paper, document, record, recording, or other ma-
terial not privileged be produced at the same time any place, 
in the same manner as provided for the taking of depositions 
under Rule 15 of the Federal Rules of Criminal Procedure. 
‘‘(m) THIRD PARTY INTERESTS.—(1) Following the entry of 
an order of forfeiture under this section, the United States 
shall publish notice of the order and of its intent to dispose of 
the property in such manner as the Attorney General may di-
rect. The Government may also, to the extent practicable, pro-
vide direct written notice to any person known to have alleged 
an interest in the property that is the subject of the order of 
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forfeiture as a substitute for published notice as to those per-
sons so notified. 
‘‘(2) Any person, other than the defendant, asserting a legal 
interest in property which has been ordered forfeited to the 
United States pursuant to this section may, within thirty days 
of the final publication of notice or his receipt of notice under 
paragraph (1), whichever is earlier, petition the court for a 
hearing to adjudicate the validity of his alleged interest in the 
property. The hearing shall be held before the court alone, 
without a jury. 
‘‘(3) The petition shall be signed by the petitioner under pen-
alty of perjury and shall set forth the nature and extent of the 
petitioner’s right, title, or interest in the property, the time and 
circumstances of the petitioner’s acquisition of the right, title, 
or interest in the property, and additional facts supporting the 
petitioner’s claim, and the relief sought. 
‘‘(4) The hearing on the petition shall, to the extent prac-
ticable and consistent with the interests of justice, be held with-
in thirty days of the filing of the petition. The court may con-
solidate the hearing on the petition with a hearing on any other 
petition filed by a person other than the defendant under this 
subsection. 
‘‘(5) At the hearing, the petitioner may testify and present 
evidence and witnesses on his own behalf, and cross-examine 
witnesses who appear at the hearing. The United States may 
present evidence and witnesses in rebuttal and in defense of 
this claim to the property and cross-examine witnesses who ap-
pear at the hearing, the court shall consider the relevant por-
tions of the record of the criminal case which resulted in the 
order of forfeiture. 
‘‘(6) If, after the hearing, the court determines that the peti-
tioner has established by a preponderance of the evidence 
that— 
‘‘(A) the petitioner has a legal right, title, or interest in 
the property, and such right, title, or interest renders the 
order of forfeiture invalid in whole or in part because the 
right, title, or interest was vested in the petitioner rather 
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than the defendant or was superior to any right, title, or 
interest of the defendant at the time of the commission of 
the acts which gave rise to the forfeiture of the property 
under the section; or 
‘‘(B) the petitioner is a bona fide purchaser for value of 
the right, title, or interest in the property and was at the 
time of purchase reasonably without cause to believe that 
the property was subject to forfeiture under this section; 
the court shall amend the order of forfeiture in accordance with 
its determination. 
‘‘(7) Following the court’s disposition of all petitions filed 
under this subsection, or if no such petitions are filed following 
the expiration of the period provided in paragraph (2) for the 
filing of such petitions, the United States shall have clear title 
to property that is the subject of the order of forfeiture and 
may warrant good title to any subsequent purchaser or trans-
feree. 
‘‘(n) RULE OF CONSTRUCTION.—This section shall be lib-
erally construed to effectuate its remedial purposes. 
‘‘(o) FORFEITURE OF SUBSTITUTE PROPERTY.— 
‘‘(1) IN
GENERAL.—Paragraph (2) of this subsection 
shall apply, if any property described in subsection (a), as 
a result of any act or omission of the defendant— 
‘‘(A) cannot be located upon the exercise of due dili-
gence; 
‘‘(B) has been transferred or sold to, or deposited 
with, a third party; 
‘‘(C) has been placed beyond the jurisdiction of the 
court; 
‘‘(D) has been substantially diminished in value; or 
‘‘(E) has been commingled with other property which 
cannot be divided without difficulty. 
‘‘(2) SUBSTITUTE PROPERTY.—In any case described in 
any of subparagraphs (A) through (E) of paragraph (1), 
the court shall order the forfeiture of any other property 
of the defendant, up to the value of any property described 
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in subparagraphs (A) through (E) of paragraph (1), as ap-
plicable. 
‘‘(3) RETURN OF PROPERTY TO JURISDICTION.—In the 
case of property described in paragraph (1)(C), the court 
may, in addition to any other action authorized by this sub-
section, order the defendant to return the property to the 
jurisdiction of the court so that the property may be seized 
and forfeited. 
‘‘(4) LIMITATION.—This subsection shall not be used to 
order a defendant to forfeit assets in place of the actual 
property laundered where such defendant acted merely as 
an intermediary who handled but did not retain the prop-
erty in the course of the money laundering offense unless 
the defendant, in committing the offense or offenses giving 
rise to the forfeiture, conducted three or more separate 
transactions involving a total of $100,000 or more in any 
twelve month period. 
‘‘(p) SPECIAL RESTITUTION.—The court, when sentencing a 
defendant convicted of an offense under chapter 17 involving 
the manufacture, the possession, or the possession with intent 
to distribute, of amphetamine or methamphetamine, shall— 
‘‘(1) order restitution as provided in sections 3612 and 
3664; 
‘‘(2) order the defendant to reimburse the United States, 
the State or local government concerned, or both the 
United States and the State or local government concerned 
for the costs incurred by the United States or the State or 
local government concerned, as the case may be, for the 
cleanup associated with the manufacture of amphetamine 
or methamphetamine by the defendant, or on premises or 
in property that the defendant owns, resides, or does busi-
ness in; and 
‘‘(3) order restitution to any person injured as a result 
of the offense as provided in section 3663A. 
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SEC. 3. CONFORMING REPEALS. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act is amended by striking all of the 
sections in part D, except sections 412 (relating to appli-
cation of treaties and other international agreements) and 
421 (relating to denial of Federal benefits to drug traf-
fickers and possessors). 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—The Controlled Substances Import and Export Act 
is amended by striking sections 1002 (relating to importa-
tion of controlled substances) and 1003 (exportation of 
controlled substances). 
(c) ATOMIC ENERGY ACT OF 1954.—The Atomic En-
ergy Act of 1954 is amended— 
(1) by striking sections 92, 221, 224, 225, 226, 
227, and 235; 
(2) by striking subsections a. and b. of section 
57; 
(3) in section 222 a., by striking ‘‘57 or’’; and 
(4) by striking subsection b. of section 222. 
(d) ADDITIONAL CONFORMING REPEALS.—Not later 
than 180 days after the date of the enactment of this Act, 
the Attorney General shall submit to Congress proposed 
legislation repealing additional provisions of law that have 
been rendered superfluous by the enactment of this Act. 
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SEC. 4. CROSS REFERENCES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall submit to 
Congress proposed legislation correcting cross references 
in other laws to provisions of law that have been amended 
or repealed by this Act. 
Æ 
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