615 
sons authorized by law to intercept wire, oral, or electronic 
communications or to conduct electronic surveillance, as defined 
in section 101 of the Foreign Intelligence Surveillance Act of 
1978, if such provider, its officers, employees, or agents, land-
lord, custodian, or other specified person, has been provided 
with— 
‘‘(i) a court order directing such assistance signed by the au-
thorizing judge, or 
‘‘(ii) a certification in writing by a person specified in section 
2518(7) of this title or the Attorney General of the United 
States that no warrant or court order is required by law, that 
all statutory requirements have been met, and that the speci-
fied assistance is required, 
setting forth the period of time during which the provision of 
the information, facilities, or technical assistance is authorized 
and specifying the information, facilities, or technical assistance 
required. No provider of wire or electronic communication serv-
ice, officer, employee, or agent thereof, or landlord, custodian, 
or other specified person shall disclose the existence of any 
interception or surveillance or the device used to accomplish the 
interception or surveillance with respect to which the person 
has been furnished a court order or certification under this 
subchapter, except as may otherwise be required by legal proc-
ess and then only after prior notification to the Attorney Gen-
eral or to the principal prosecuting attorney of a State or any 
political subdivision of a State, as may be appropriate. Any 
such disclosure, shall render such person liable for the civil 
damages provided for in section 2520. No cause of action shall 
lie in any court against any provider of wire or electronic com-
munication service, its officers, employees, or agents, landlord, 
custodian, or other specified person for providing information, 
facilities, or assistance in accordance with the terms of a court 
order, statutory authorization, or certification under this sub-
chapter. 
‘‘(2) It shall not be unlawful under this subchapter for an 
officer, employee, or agent of the Federal Communications 
Commission, in the normal course of his employment and in 
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discharge of the monitoring responsibilities exercised by the 
Commission in the enforcement of chapter 5 of title 47 of the 
United States Code, to intercept a wire or electronic commu-
nication, or oral communication transmitted by radio, or to dis-
close or use the information thereby obtained. 
‘‘(3) It shall not be unlawful under this subchapter for a per-
son acting under color of law to intercept a wire, oral, or elec-
tronic communication, where such person is a party to the com-
munication or one of the parties to the communication has 
given prior consent to such interception. 
‘‘(4) It shall not be unlawful under this subchapter for a per-
son not acting under color of law to intercept a wire, oral, or 
electronic communication where such person is a party to the 
communication or where one of the parties to the communica-
tion has given prior consent to such interception unless such 
communication is intercepted for the purpose of committing 
any criminal or tortious act in violation of the Constitution or 
laws of the United States or of any State. 
‘‘(5) Notwithstanding any other provision of this title or sec-
tion 705 or 706 of the Communications Act of 1934, it shall 
not be unlawful for an officer, employee, or agent of the United 
States in the normal course of his official duty to conduct elec-
tronic surveillance, as defined in section 101 of the Foreign In-
telligence Surveillance Act of 1978, as authorized by that Act. 
‘‘(6) Nothing contained in this subchapter or subchapter C 
if chapter 37, or section 705 of the Communications Act of 
1934, shall be deemed to affect the acquisition by the United 
States Government of foreign intelligence information from 
international or foreign communications, or foreign intelligence 
activities conducted in accordance with otherwise applicable 
Federal law involving a foreign electronic communications sys-
tem, utilizing a means other than electronic surveillance as de-
fined in section 101 of the Foreign Intelligence Surveillance 
Act of 1978, and procedures in this subchapter or subchapter 
C if chapter 37 and the Foreign Intelligence Surveillance Act 
of 1978 shall be the exclusive means by which electronic sur-
veillance, as defined in section 101 of such Act, and the inter-
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ception of domestic wire, oral, and electronic communications 
may be conducted. 
‘‘(7) It shall not be unlawful under this subchapter or sub-
chapter C if chapter 37 for any person— 
‘‘(A) to intercept or access an electronic communication 
made through an electronic communication system that is 
configured so that such electronic communication is readily 
accessible to the general public; 
‘‘(B) to intercept any radio communication which is 
transmitted— 
‘‘(i) by any station for the use of the general public, 
or that relates to ships, aircraft, vehicles, or persons in 
distress; 
‘‘(ii) by any governmental, law enforcement, civil de-
fense, private land mobile, or public safety communica-
tions system, including police and fire, readily acces-
sible to the general public; 
‘‘(iii) by a station operating on an authorized fre-
quency within the bands allocated to the amateur, citi-
zens band, or general mobile radio services; or 
‘‘(iv) by any marine or aeronautical communications 
system; 
‘‘(C) to engage in any conduct which— 
‘‘(i) is prohibited by section 633 of the Communica-
tions Act of 1934; or 
‘‘(ii) is excepted from the application of section 
705(a) of the Communications Act of 1934 by section 
705(b) of that Act; 
‘‘(iii) of the Communications Act of 1934 by section 
705(b) of that Act; 
‘‘(iv) to intercept any wire or electronic communication 
the transmission of which is causing harmful interference 
to any lawfully operating station or consumer electronic 
equipment, to the extent necessary to identify the source of 
such interference; or 
‘‘(v) for other users of the same frequency to intercept 
any radio communication made through a system that uti-
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lizes frequencies monitored by individuals engaged in the 
provision or the use of such system, if such communication 
is not scrambled or encrypted. 
‘‘(8) It shall not be unlawful under this subchapter— 
‘‘(A) to use a pen register or a trap and trace device (as 
those terms are defined for the purposes of chapter 206 
(relating to pen registers and trap and trace devices) of 
this title); or 
‘‘(B) for a provider of electronic communication service 
to record the fact that a wire or electronic communication 
was initiated or completed in order to protect such pro-
vider, another provider furnishing service toward the com-
pletion of the wire or electronic communication, or a user 
of that service, from fraudulent, unlawful or abusive use of 
such service. 
‘‘(9) It shall not be unlawful under this subchapter for a per-
son acting under color of law to intercept the wire or electronic 
communications of a computer trespasser transmitted to, 
through, or from the protected computer, if— 
‘‘(A) the owner or operator of the protected computer 
authorizes the interception of the computer trespasser’s 
communications on the protected computer; 
‘‘(B) the person acting under color of law is lawfully en-
gaged in an investigation; 
‘‘(C) the person acting under color of law has reasonable 
grounds to believe that the contents of the computer tres-
passer’s communications will be relevant to the investiga-
tion; and 
‘‘(D) such interception does not acquire communications 
other than those transmitted to or from the computer tres-
passer. 
‘‘(c) CONTENTS IN TRANSMISSION.—(1) Except as provided 
in paragraph (b) of this subsection, a person or entity pro-
viding an electronic communication service to the public shall 
not intentionally divulge the contents of any communication 
(other than one to such person or entity, or an agent thereof) 
while in transmission on that service to any person or entity 
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other than an addressee or intended recipient of such commu-
nication or an agent of such addressee or intended recipient. 
‘‘(2) A person or entity providing electronic communication 
service to the public may divulge the contents of any such com-
munication— 
‘‘(A) as otherwise authorized in section 2511(2)(a) or 
2517 of this title; 
‘‘(B) with the lawful consent of the originator or any ad-
dressee or intended recipient of such communication; 
‘‘(C) to a person employed or authorized, or whose facili-
ties are used, to forward such communication to its des-
tination; or 
‘‘(D) which were inadvertently obtained by the service 
provider and which appear to pertain to the commission of 
a crime, if such divulgence is made to a law enforcement 
agency. 
‘‘(d) PUNISHMENT.—(1) Except as provided in paragraph 
(b) of this subsection or in subsection (5), whoever violates sub-
section (1) of this section shall be imprisoned not more than 
five years. 
‘‘(2) Conduct otherwise an offense under this subsection that 
consists of or relates to the interception of a satellite trans-
mission that is not encrypted or scrambled and that is trans-
mitted— 
‘‘(A) to a broadcasting station for purposes of retrans-
mission to the general public; or 
‘‘(B) as an audio subcarrier intended for redistribution 
to facilities open to the public, but not including data 
transmissions or telephone calls, 
is not an offense under this subsection unless the conduct is 
for the purposes of direct or indirect commercial advantage or 
private financial gain. 
‘‘(e) CERTAIN COMMUNICATIONS.—(1)(A) If the communica-
tion is— 
‘‘(i) a private satellite video communication that is 
not scrambled or encrypted and the conduct in violation 
of this subchapter is the private viewing of that com-
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munication and is not for a tortious or illegal purpose 
or for purposes of direct or indirect commercial advan-
tage or private commercial gain; or 
‘‘(ii) a radio communication that is transmitted on 
frequencies allocated under subpart D of part 74 of the 
rules of the Federal Communications Commission that 
is not scrambled or encrypted and the conduct in viola-
tion of this subchapter is not for a tortious or illegal 
purpose or for purposes of direct or indirect commercial 
advantage or private commercial gain, 
then the person who engages in such conduct shall be subject 
to suit by the Federal Government in a court of competent ju-
risdiction. 
‘‘(B) In an action under this subsection— 
‘‘(i) if the violation of this subchapter is a first offense 
for the person under paragraph (a) of subsection (4) and 
such person has not been found liable in a civil action 
under section 2520 of this title, the Federal Government 
shall be entitled to appropriate injunctive relief; and 
‘‘(ii) if the violation of this subchapter is a second or 
subsequent offense under paragraph (a) of subsection (4) 
or such person has been found liable in any prior civil ac-
tion under section 2520, the person shall be subject to a 
mandatory $500 civil fine. 
‘‘(2) The court may use any means within its authority to 
enforce an injunction issued under paragraph (ii)(A), and shall 
impose a civil fine of not less than $500 for each violation of 
such an injunction. 
‘‘§ 1493. Manufacture, 
distribution, 
possession, 
and advertising of wire, oral, or electronic 
communication intercepting devices pro-
hibited 
‘‘(a) OFFENSE.—Except as otherwise specifically provided in 
this subchapter, any person who intentionally— 
‘‘(1) sends through the mail, or sends or carries in inter-
state or foreign commerce, any electronic, mechanical, or 
other device, knowing or having reason to know that the 
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design of such device renders it primarily useful for the 
purpose of the surreptitious interception of wire, oral, or 
electronic communications; 
‘‘(2) manufactures, assembles, possesses, or sells any 
electronic, mechanical, or other device, knowing or having 
reason to know that the design of such device renders it 
primarily useful for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications, and 
that such device or any component thereof has been or will 
be sent through the mail or transported in interstate or 
foreign commerce; or 
‘‘(3) places in any newspaper, magazine, handbill, or 
other publication or disseminates by electronic means any 
advertisement of— 
‘‘(A) any electronic, mechanical, or other device 
knowing or having reason to know that the design of 
such device renders it primarily useful for the purpose 
of the surreptitious interception of wire, oral, or elec-
tronic communications; or 
‘‘(B) any other electronic, mechanical, or other de-
vice, where such advertisement promotes the use of 
such device for the purpose of the surreptitious inter-
ception of wire, oral, or electronic communications, 
knowing the content of the advertisement and knowing or 
having reason to know that such advertisement will be sent 
through the mail or transported in interstate or foreign 
commerce, 
shall be imprisoned not more than five years. 
‘‘(b) EXCLUSION.—It shall not be unlawful under this sec-
tion for— 
‘‘(1) a provider of wire or electronic communication serv-
ice or an officer, agent, or employee of, or a person under 
contract with, such a provider, in the normal course of the 
business of providing that wire or electronic communication 
service, or 
‘‘(2) an officer, agent, or employee of, or a person under 
contract with, the United States, a State, or a political sub-
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division thereof, in the normal course of the activities of the 
United States, a State, or a political subdivision thereof, 
to send through the mail, send or carry in interstate or foreign 
commerce, or manufacture, assemble, possess, or sell any elec-
tronic, mechanical, or other device knowing or having reason to 
know that the design of such device renders it primarily useful 
for the purpose of the surreptitious interception of wire, oral, 
or electronic communications. 
‘‘(c) ADDITIONAL EXCLUSION.—It shall not be unlawful 
under this section to advertise for sale a device described in 
subsection (a) of this section if the advertisement is mailed, 
sent, or carried in interstate or foreign commerce solely to a 
domestic provider of wire or electronic communication service 
or to an agency of the United States, a State, or a political 
subdivision thereof which is duly authorized to use such device. 
‘‘§ 1494. Confiscation of wire, oral, or electronic 
communication intercepting devices 
‘‘Any electronic, mechanical, or other device used, sent, car-
ried, manufactured, assembled, possessed, sold, or advertised in 
violation of section 1492 or section 1493 may be seized and 
forfeited to the United States. All provisions of law relating to 
(1) the seizure, summary and judicial forfeiture, and con-
demnation of vessels, vehicles, merchandise, and baggage for 
violations of the customs laws contained in title 19 of the 
United States Code, (2) the disposition of such vessels, vehicles, 
merchandise, and baggage or the proceeds from the sale there-
of, (3) the remission or mitigation of such forfeiture, (4) the 
compromise of claims, and (5) the award of compensation to 
informers in respect of such forfeitures, shall apply to seizures 
and forfeitures incurred, or alleged to have been incurred, 
under the provisions of this section, insofar as applicable and 
not inconsistent with the provisions of this section; except that 
such duties as are imposed upon the collector of customs or any 
other person with respect to the seizure and forfeiture of ves-
sels, vehicles, merchandise, and baggage under the provisions of 
the customs laws contained in title 19 of the United States 
Code shall be performed with respect to seizure and forfeiture 
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of electronic, mechanical, or other intercepting devices under 
this section by such officers, agents, or other persons as may 
be authorized or designated for that purpose by the Attorney 
General. 
‘‘§ 1495. Prohibition of use as evidence of inter-
cepted wire or oral communications 
‘‘Whenever any wire or oral communication has been inter-
cepted, no part of the contents of such communication and no 
evidence derived therefrom may be received in evidence in any 
trial, hearing, or other proceeding in or before any court, grand 
jury, department, officer, agency, regulatory body, legislative 
committee, or other authority of the United States, a State, or 
a political subdivision thereof if the disclosure of that informa-
tion would be in violation of this subchapter. 
‘‘§ 1496. Authorization for interception of wire, 
oral, or electronic communications 
‘‘(a) FEDERAL PROSECUTORS.—The Attorney General, Dep-
uty Attorney General, Associate Attorney General, or any As-
sistant Attorney General, any acting Assistant Attorney Gen-
eral, or any Deputy Assistant Attorney General or acting Dep-
uty Assistant Attorney General in the Criminal Division spe-
cially designated by the Attorney General, may authorize an 
application to a Federal judge of competent jurisdiction for, 
and such judge may grant in conformity with section 2518 of 
this subchapter an order authorizing or approving the intercep-
tion of wire or oral communications by the Federal Bureau of 
Investigation, or a Federal agency having responsibility for the 
investigation of the offense as to which the application is made, 
when such interception may provide or has provided evidence 
of— 
‘‘(1) any felony offense under sections 271 through 275, 
or under any of the following subchapters of this title: sub-
chapter C of chapter 10 (relating to kidnapping), sub-
chapter A of chapter 15 (relating to treason), subchapter 
E of chapter 15 (relating to espionage), subchapter E of 
chapter 21 (relating to biological weapons), subchapter N 
of chapter 29 (relating to malicious mischief), subchapter 
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A of chapter 31 (relating to piracy), or subchapter C of 
chapter 35 (relating to protection of trade secrets); 
‘‘(2) a violation of section 186 or section 501(c) of title 
29, United States Code (dealing with restrictions on pay-
ments and loans to labor organizations), or any offense 
which involves murder, kidnapping, robbery, or extortion, 
and which is punishable under this title; 
‘‘(3) any offense which is punishable under the following 
sections of this title: sections 102, 112, 121, 131 (relating 
to murder, assault, kidnapping, and threatening or retali-
ating against a Federal official), section 123 (relating to 
hostage taking), , sections 211, 212, 213 and 214 (relating 
to transportation for illegal sexual activity and related 
crimes), sections 221 (relating to sexual exploitation of 
children), section 222 (relating to selling or buying of chil-
dren), section 223 (certain activities relating to materials 
involving the sexual exploitation of children and child por-
nography), section 311 (relating to false statements in 
passport applications), section 312 (relating to forgery or 
false use of passports), section 313 (relating to misuse of 
passports), or section 314 (relating to fraud and misuse of 
visas, permits, and other documents), section 315 (relating 
to the procurement of citizenship or nationalization unlaw-
fully), section 316 (relating to the sale of naturalization or 
citizenship papers), section 501 (interference with com-
merce by threats or violence), section 502 (interstate and 
foreign travel or transportation in aid of racketeering en-
terprises), 504 (offer, acceptance, or solicitation to influ-
ence operations of employee benefit plan), section 505 (pro-
hibition of business enterprises of gambling), section 506 
(relating to use of interstate commerce facilities in the com-
mission of murder for hire), section 507 (relating to violent 
crimes in aid of racketeering activity), section section 513 
(violations with respect to racketeer influenced and corrupt 
organizations), section 547 (theft from interstate ship-
ment), section 571 (relating to arson), section 593 (relating 
to possesion of firearms and dangerous weapons in Federal 
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facilities), section 601 (relating to prohibited transactions 
involving nuclear materials), subsection (d), (e), (f), (g), 
(h), or (i) of section 614 (unlawful use of explosives), sec-
tion 621 (relating to biological weapons), section 624 (re-
lating to variola virus), section 651 (embezzlement from 
pension and welfare funds), sections 671, 672, 673, and 
674 (interstate transportation of stolen property), section 
682 (relating to trafficking in certain motor vehicles or 
motor vehicle parts), section 779 (relating to loans and 
credit applications generally; renewals and discounts), a fel-
ony violation of section 783 (relating to production of false 
identification documentation), section 786 (relating to 
fraud and related activity in connection with access de-
vices), a felony violation of section 787 (relating to com-
puter fraud and abuse), section 801 (relating to mail 
fraud), section 803 (fraud by wire, radio, or television), sec-
tion 804 (relating to bank fraud), section 924 (relating to 
conspiracy to kill, kidnap, maim, or injure persons or dam-
age property in a foreign), section 991 (bribery of public 
officials and witnesses), section 1003 (relating to bribery of 
bank officials), section 1005 (bribery in sporting contests), 
section 1071 (relating to escape), sections 1132, 1137, and 
1138 (influencing or injuring an officer, juror, or witness 
generally), section 1135 (obstruction of criminal investiga-
tions), section 1136 (obstruction of State or local law en-
forcement), section 1265 (sex trafficking of children by 
force, fraud, or coercion), section 1291 (relating to tor-
ture); section 1301 (relating to destruction of aircraft or 
aircraft facilities), 1306 (relating to violence at inter-
national airports), section 1307 (relating to aircraft parts 
fraud), section 1302 (relating to destruction of motor vehi-
cles or motor vehicle facilities), section 1331 (relating to 
terrorist attacks and other violence against railroad carriers 
and against mass transportation systems on land, on water, 
or through the air), section 1451 (laundering of monetary 
instruments), section 1452 (relating to engaging in mone-
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tary transactions in property derived from specified unlaw-
ful activity), section 1445 (relating to child obscenity); 
‘‘(4) any offense involving counterfeiting punishable 
under section 692, 693, or 694 of this title; 
‘‘(5) any offense involving fraud connected with a case 
under title 11 or the manufacture, importation, receiving, 
concealment, buying, selling, or otherwise dealing in nar-
cotic drugs, marihuana, or other dangerous drugs, punish-
able under any law of the United States; 
‘‘(6) any offense including extortionate credit trans-
actions under sections 155, 156, or 157 of this title; 
‘‘(7) a violation of section 5322 (relating to the reporting 
of currency transactions) or 5324 (relating to structuring 
transactions to evade reporting requirement prohibited) of 
title 31, United States Code ; 
‘‘(8) any felony violation of sections 1492 and 1493 (re-
lating to interception and disclosure of certain communica-
tions and to certain intercepting devices) of this title; 
‘‘(9) any felony violation of subchapter F of chapter 35 
(relating to obscenity) of this title; 
‘‘(10) any violation of section 60123(b) (relating to de-
struction of a natural gas pipeline) or section 46502 (relat-
ing to aircraft piracy), the second sentence of section 
46504 (relating to assault on a flight crew with dangerous 
weapon), section 46505(b)(3) or (c) (relating to explosive 
or incendiary devices, or endangerment of human life, by 
means of weapons on aircraft) of title 49; 
‘‘(11) any criminal violation of section 2778 of title 22 
(relating to the Arms Export Control Act); 
‘‘(12) the location of any fugitive from justice from an 
offense described in this section; 
‘‘(13) the location of any fugitive from justice from an 
offense described in this section; 
‘‘(14) a violation of section 274, 277, or 278 of the Im-
migration and Nationality Act (8 U.S.C. 1324, 1327, or 
1328) (relating to the smuggling of aliens); 
‘‘(15) any felony violation of sections 582 and 584; 
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‘‘(16) any violation of section 5861 of the Internal Rev-
enue Code of 1986 (relating to firearms); 
‘‘(17) a felony violation of section 783 (relating to pro-
duction of false identification documents), section 784 (re-
lating to aggrivated identity theft), section 311 (relating to 
false statements in passport applications), section 314 (re-
lating to fraud and misuse of visas, permits, and other doc-
uments) of this title or a violation of section 274, 277, or 
278 of the Immigration and Nationality Act (relating to 
the smuggling of aliens); 
‘‘(18) any criminal violation of section 631 (relating to 
chemical weapons); or sections 271, 273, 274, 275, 276, 
278, 279, or 280 of this title (relating to terrorism); 
‘‘(19) any criminal violation of section 1 (relating to ille-
gal restraints of trade or commerce), 2 (relating to illegal 
monopolizing of trade or commerce), 3 (relating to illegal 
restraints of trade or commerce in territories or the Dis-
trict of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); 
or 
‘‘(20) any conspiracy to commit any offense described in 
any subparagraph of this paragraph. 
‘‘(b) STATE PROSECUTORS.—The principal prosecuting at-
torney of any State, or the principal prosecuting attorney of 
any political subdivision thereof, if such attorney is authorized 
by a statute of that State to make application to a State court 
judge of competent jurisdiction for an order authorizing or ap-
proving the interception of wire, oral, or electronic communica-
tions, may apply to such judge for, and such judge may grant 
in conformity with section 2518 of this chapter and with the 
applicable State statute an order authorizing, or approving the 
interception of wire, oral, or electronic communications by in-
vestigative or law enforcement officers having responsibility for 
the investigation of the offense as to which the application is 
made, when such interception may provide or has provided evi-
dence of the commission of the offense of murder, kidnapping, 
gambling, robbery, bribery, extortion, or dealing in narcotic 
drugs, marihuana or other dangerous drugs, or other crime 
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dangerous to life, limb, or property, and punishable by impris-
onment for more than one year, designated in any applicable 
State statute authorizing such interception, or any conspiracy 
to commit any of the foregoing offenses. 
‘‘(c) INTERCEPTION
FOR EVIDENCE
OF FEDERAL FELO-
NIES.—Any attorney for the Government (as such term is de-
fined for the purposes of the Federal Rules of Criminal Proce-
dure) may authorize an application to a Federal judge of com-
petent jurisdiction for, and such judge may grant, in con-
formity with section 1498 of this title, an order authorizing or 
approving the interception of electronic communications by an 
investigative or law enforcement officer having responsibility for 
the investigation of the offense as to which the application is 
made, when such interception may provide or has provided evi-
dence of any Federal felony. 
‘‘§ 1497. Authorization for disclosure and use of 
intercepted wire, oral, or electronic com-
munications 
‘‘(a) DISCLOSURE
TO INVESTIGATIVE
OR LAW ENFORCE-
MENT OFFICERS.— Any investigative or law enforcement offi-
cer who, by any means authorized by this chapter, has obtained 
knowledge of the contents of any wire, oral, or electronic com-
munication, or evidence derived therefrom, may disclose such 
contents to another investigative or law enforcement officer to 
the extent that such disclosure is appropriate to the proper per-
formance of the official duties of the officer making or receiv-
ing the disclosure. 
‘‘(b) USE OF CONTENTS IN PERFORMANCE OF DUTIES.— 
Any investigative or law enforcement officer who, by any means 
authorized by this chapter, has obtained knowledge of the con-
tents of any wire, oral, or electronic communication or evidence 
derived therefrom may use such contents to the extent such use 
is appropriate to the proper performance of his official duties. 
‘‘(c) USE OF CONTENTS IN TESTIMONY.—Any person who 
has received, by any means authorized by this chapter, any in-
formation concerning a wire, oral, or electronic communication, 
or evidence derived therefrom intercepted in accordance with 
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the provisions of this chapter may disclose the contents of that 
communication or such derivative evidence while giving testi-
mony under oath or affirmation in any proceeding held under 
the authority of the United States or of any State or political 
subdivision thereof. 
‘‘(d) PRIVELAGED CHARACTER.—No otherwise privileged 
wire, oral, or electronic communication intercepted in accord-
ance with, or in violation of, this subchapter shall lose its privi-
leged character. 
‘‘(e) OFFENSES OTHER THAN THOSE SPECIFIED IN THE 
ORDER.—When an investigative or law enforcement officer, 
while engaged in intercepting wire, oral, or electronic commu-
nications in the manner authorized herein, intercepts wire, oral, 
or electronic communications relating to offenses other than 
those specified in the order of authorization or approval, the 
contents thereof, and evidence derived therefrom, may be dis-
closed or used as provided in subsections (a) and (b). Such con-
tents and any evidence derived therefrom may be used under 
subsection (c) when authorized or approved by a judge of com-
petent jurisdiction where such judge finds on subsequent appli-
cation that the contents were otherwise intercepted in accord-
ance with this subchapter. Such application shall be made as 
soon as practicable. 
‘‘(f) DOMESTIC USE
OF INTELLIGENCE
AND COUNTER-
INTELLIGENCE INFORMATION.—Any investigative or law en-
forcement officer, or attorney for the Government, who by any 
means authorized by this chapter, has obtained knowledge of 
the contents of any wire, oral, or electronic communication, or 
evidence derived therefrom, may disclose such contents to any 
other Federal law enforcement, intelligence, protective, immi-
gration, national defense, or national security official to the ex-
tent that such contents include foreign intelligence or counter-
intelligence (as defined in section 3 of the National Security 
Act of 1947 (50 U.S.C. 401a)), or foreign intelligence informa-
tion (as defined in subsection (19) of section 2510 of this title), 
to assist the official who is to receive that information in the 
performance of his official duties. Any Federal official who re-
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ceives information pursuant to this provision may use that in-
formation only as necessary in the conduct of that person’s of-
ficial duties subject to any limitations on the unauthorized dis-
closure of such information. 
‘‘(g) FORIEGN USE OF INTELLIGENCE AND COUNTERINTEL-
LIGENCE INFORMATION.— Any investigative or law enforce-
ment officer, or other Federal official in carrying out official 
duties as such Federal official, who by any means authorized 
by this chapter, has obtained knowledge of the contents of any 
wire, oral, or electronic communication, or evidence derived 
therefrom, may disclose such contents or derivative evidence to 
a foreign investigative or law enforcement officer to the extent 
that such disclosure is appropriate to the proper performance 
of the official duties of the officer making or receiving the dis-
closure, and foreign investigative or law enforcement officers 
may use or disclose such contents or derivative evidence to the 
extent such use or disclosure is appropriate to the proper per-
formance of their official duties. 
‘‘(h) DISCLOSURE FOR PUBLIC SAFETY PURPOSES.—Any in-
vestigative or law enforcement officer, or other Federal official 
in carrying out official duties as such Federal official, who by 
any means authorized by this chapter, has obtained knowledge 
of the contents of any wire, oral, or electronic communication, 
or evidence derived therefrom, may disclose such contents or 
derivative evidence to any appropriate Federal, State, local, or 
foreign government official to the extent that such contents or 
derivative evidence reveals a threat of actual or potential attack 
or other grave hostile acts of a foreign power or an agent of 
a foreign power, domestic or international sabotage, domestic 
or international terrorism, or clandestine intelligence gathering 
activities by an intelligence service or network of a foreign 
power or by an agent of a foreign power, within the United 
States or elsewhere, for the purpose of preventing or respond-
ing to such a threat. Any official who receives information pur-
suant to this provision may use that information only as nec-
essary in the conduct of that person’s official duties subject to 
any limitations on the unauthorized disclosure of such informa-
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tion, and any State, local, or foreign official who receives infor-
mation pursuant to this provision may use that information 
only consistent with such guidelines as the Attorney General 
and Director of Central Intelligence shall jointly issue. 
‘‘§ 1498. Procedure for interception of wire, oral, 
or electronic communications 
‘‘(a) APPLICATION.—Each application for an order author-
izing or approving the interception of a wire, oral, or electronic 
communication under this chapter shall be made in writing 
upon oath or affirmation to a judge of competent jurisdiction 
and shall state the applicant’s authority to make such applica-
tion. Each application shall include the following information: 
‘‘(1) The identity of the investigative or law enforcement 
officer making the application, and the officer authorizing 
the application. 
‘‘(2) A full and complete statement of the facts and cir-
cumstances relied upon by the applicant, to justify his be-
lief that an order should be issued, including (A) details as 
to the particular offense that has been, is being, or is about 
to be committed, (B) except as provided in subsection (11), 
a particular description of the nature and location of the 
facilities from which or the place where the communication 
is to be intercepted, (C) a particular description of the type 
of communications sought to be intercepted, (D) the iden-
tity of the person, if known, committing the offense and 
whose communications are to be intercepted. 
‘‘(3) A full and complete statement as to whether or not 
other investigative procedures have been tried and failed or 
why they reasonably appear to be unlikely to succeed if 
tried or to be too dangerous. 
‘‘(4) A statement of the period of time for which the 
interception is required to be maintained. If the nature of 
the investigation is such that the authorization for intercep-
tion should not automatically terminate when the described 
type of communication has been first obtained, a particular 
description of facts establishing probable cause to believe 
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that additional communications of the same type will occur 
thereafter. 
‘‘(5) A full and complete statement of the facts con-
cerning all previous applications known to the individual 
authorizing and making the application, made to any judge 
for authorization to intercept, or for approval of intercep-
tions of, wire, oral, or electronic communications involving 
any of the same persons, facilities or places specified in the 
application, and the action taken by the judge on each such 
application. 
‘‘(6) Where the application is for the extension of an 
order, a statement setting forth the results thus far ob-
tained from the interception, or a reasonable explanation of 
the failure to obtain such results. 
‘‘(b) ADDITIONAL
TESTIMONY
OR
DOCUMENTRAY
EVI-
DENCE.—The judge may require the applicant to furnish addi-
tional testimony or documentary evidence in support of the ap-
plication. 
‘‘(c) EX PARTE ORDER.—Upon such application the judge 
may enter an ex parte order, as requested or as modified, au-
thorizing or approving interception of wire, oral, or electronic 
communications within the territorial jurisdiction of the court 
in which the judge is sitting (and outside that jurisdiction but 
within the United States in the case of a mobile interception 
device authorized by a Federal court within such jurisdiction), 
if the judge determines on the basis of the facts submitted by 
the applicant that— 
‘‘(1) there is probable cause for belief that an individual 
is committing, has committed, or is about to commit a par-
ticular offense enumerated in section 1496 of this chapter; 
‘‘(2) there is probable cause for belief that particular 
communications concerning that offense will be obtained 
through such interception; 
‘‘(3) normal investigative procedures have been tried and 
have failed or reasonably appear to be unlikely to succeed 
if tried or to be too dangerous; and 
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‘‘(4) except as provided in subsection (k), there is prob-
able cause for belief that the facilities from which, or the 
place where, the wire, oral, or electronic communications 
are to be intercepted are being used, or are about to be 
used, in connection with the commission of such offense, or 
are leased to, listed in the name of, or commonly used by 
such person. 
‘‘(d) CONTENTS OF ORDER.—Each order authorizing or ap-
proving the interception of any wire, oral, or electronic commu-
nication under this chapter shall specify— 
‘‘(1) the identity of the person, if known, whose commu-
nications are to be intercepted; 
‘‘(2) the nature and location of the communications fa-
cilities as to which, or the place where, authority to inter-
cept is granted; 
‘‘(3) a particular description of the type of communica-
tion sought to be intercepted, and a statement of the par-
ticular offense to which it relates; 
‘‘(4) the identity of the agency authorized to intercept 
the communications, and of the person authorizing the ap-
plication; and 
‘‘(5) the period of time during which such interception 
is authorized, including a statement as to whether or not 
the interception shall automatically terminate when the de-
scribed communication has been first obtained. 
An order authorizing the interception of a wire, oral, or elec-
tronic communication under this chapter shall, upon request of 
the applicant, direct that a provider of wire or electronic com-
munication service, landlord, custodian or other person shall 
furnish the applicant forthwith all information, facilities, and 
technical assistance necessary to accomplish the interception 
unobtrusively and with a minimum of interference with the 
services that such service provider, landlord, custodian, or per-
son is according the person whose communications are to be 
intercepted. Any provider of wire or electronic communication 
service, landlord, custodian or other person furnishing such fa-
cilities or technical assistance shall be compensated therefor by 
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the applicant for reasonable expenses incurred in providing 
such facilities or assistance. Pursuant to section 2522 of this 
chapter, an order may also be issued to enforce the assistance 
capability and capacity requirements under the Communica-
tions Assistance for Law Enforcement Act. 
‘‘(e) LIMITATIONS
ON ORDERS.—No order entered under 
this section may authorize or approve the interception of any 
wire, oral, or electronic communication for any period longer 
than is necessary to achieve the objective of the authorization, 
nor in any event longer than thirty days. Such thirty-day pe-
riod begins on the earlier of the day on which the investigative 
or law enforcement officer first begins to conduct an intercep-
tion under the order or ten days after the order is entered. Ex-
tensions of an order may be granted, but only upon application 
for an extension made in accordance with subsection (1) of this 
section and the court making the findings required by sub-
section (3) of this section. The period of extension shall be no 
longer than the authorizing judge deems necessary to achieve 
the purposes for which it was granted and in no event for 
longer than thirty days. Every order and extension thereof shall 
contain a provision that the authorization to intercept shall be 
executed as soon as practicable, shall be conducted in such a 
way as to minimize the interception of communications not oth-
erwise subject to interception under this chapter, and must ter-
minate upon attainment of the authorized objective, or in any 
event in thirty days. In the event the intercepted communica-
tion is in a code or foreign language, and an expert in that for-
eign language or code is not reasonably available during the 
interception period, minimization may be accomplished as soon 
as practicable after such interception. An interception under 
this chapter may be conducted in whole or in part by Govern-
ment personnel, or by an individual operating under a contract 
with the Government, acting under the supervision of an inves-
tigative or law enforcement officer authorized to conduct the 
interception. 
‘‘(f) REPORTS TO ISSUING JUDGE.—Whenever an order au-
thorizing interception is entered pursuant to this chapter, the 
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order may require reports to be made to the judge who issued 
the order showing what progress has been made toward 
achievement of the authorized objective and the need for con-
tinued interception. Such reports shall be made at such inter-
vals as the judge may require. 
‘‘(g) EMERGENCY SITUATIONS.—Notwithstanding any other 
provision of this chapter, any investigative or law enforcement 
officer, specially designated by the Attorney General, the Dep-
uty Attorney General, the Associate Attorney General, or by 
the principal prosecuting attorney of any State or subdivision 
thereof acting pursuant to a statute of that State, who reason-
ably determines that— 
‘‘(1) an emergency situation exists that involves— 
‘‘(A) immediate danger of death or serious physical 
injury to any person, 
‘‘(B) conspiratorial activities threatening the national 
security interest, or 
‘‘(C) conspiratorial activities characteristic of orga-
nized crime, 
that requires a wire, oral, or electronic communication to 
be intercepted before an order authorizing such interception 
can, with due diligence, be obtained, and 
‘‘(2) there are grounds upon which an order could be en-
tered under this chapter to authorize such interception, 
may intercept such wire, oral, or electronic communication if an 
application for an order approving the interception is made in 
accordance with this section within forty-eight hours after the 
interception has occurred, or begins to occur. In the absence of 
an order, such interception shall immediately terminate when 
the communication sought is obtained or when the application 
for the order is denied, whichever is earlier. In the event such 
application for approval is denied, or in any other case where 
the interception is terminated without an order having been 
issued, the contents of any wire, oral, or electronic communica-
tion intercepted shall be treated as having been obtained in vio-
lation of this chapter, and an inventory shall be served as pro-
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vided for in subsection (d) of this section on the person named 
in the application. 
‘‘(h) RECORDING OF INTERCEPTION.—(1) The contents of 
any wire, oral, or electronic communication intercepted by any 
means authorized by this chapter shall, if possible, be recorded 
on tape or wire or other comparable device. The recording of 
the contents of any wire, oral, or electronic communication 
under this subsection shall be done in such a way as will pro-
tect the recording from editing or other alterations. Imme-
diately upon the expiration of the period of the order, or exten-
sions thereof, such recordings shall be made available to the 
judge issuing such order and sealed under his directions. Cus-
tody of the recordings shall be wherever the judge orders. They 
shall not be destroyed except upon an order of the issuing or 
denying judge and in any event shall be kept for ten years. Du-
plicate recordings may be made for use or disclosure pursuant 
to the provisions of subsections (1) and (2) of section 1497 of 
this chapter for investigations. The presence of the seal pro-
vided for by this subsection, or a satisfactory explanation for 
the absence thereof, shall be a prerequisite for the use or dis-
closure of the contents of any wire, oral, or electronic commu-
nication or evidence derived therefrom under subsection (3) of 
section 1497. 
‘‘(2) Applications made and orders granted under this chap-
ter shall be sealed by the judge. Custody of the applications 
and orders shall be wherever the judge directs. Such applica-
tions and orders shall be disclosed only upon a showing of good 
cause before a judge of competent jurisdiction and shall not be 
destroyed except on order of the issuing or denying judge, and 
in any event shall be kept for ten years. 
‘‘(3) Any violation of the provisions of this subsection may 
be punished as contempt of the issuing or denying judge. 
‘‘(4) Within a reasonable time but not later than ninety days 
after the filing of an application for an order of approval under 
section 1498(7)(b) which is denied or the termination of the pe-
riod of an order or extensions thereof, the issuing or denying 
judge shall cause to be served, on the persons named in the 
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order or the application, and such other parties to intercepted 
communications as the judge may determine in his discretion 
that is in the interest of justice, an inventory which shall in-
clude notice of— 
‘‘(A) the fact of the entry of the order or the application; 
‘‘(B) the date of the entry and the period of authorized, 
approved or disapproved interception, or the denial of the 
application; and 
‘‘(C) the fact that during the period wire, oral, or elec-
tronic communications were or were not intercepted. 
The judge, upon the filing of a motion, may in his discre-
tion make available to such person or his counsel for in-
spection such portions of the intercepted communications, 
applications and orders as the judge determines to be in 
the interest of justice. On an ex parte showing of good 
cause to a judge of competent jurisdiction the serving of 
the inventory required by this subsection may be postponed. 
‘‘(i) EXCLUSION AS EVIDENCE.—The contents of any wire, 
oral, or electronic communication intercepted pursuant to this 
chapter or evidence derived therefrom shall not be received in 
evidence or otherwise disclosed in any trial, hearing, or other 
proceeding in a Federal or State court unless each party, not 
less than ten days before the trial, hearing, or proceeding, has 
been furnished with a copy of the court order, and accom-
panying application, under which the interception was author-
ized or approved. This ten-day period may be waived by the 
judge if he finds that it was not possible to furnish the party 
with the above information ten days before the trial, hearing, 
or proceeding and that the party will not be prejudiced by the 
delay in receiving such information. 
‘‘(j) MOVE TO SUPPRESS.—(1) Any aggrieved person in any 
trial, hearing, or proceeding in or before any court, department, 
officer, agency, regulatory body, or other authority of the 
United States, a State, or a political subdivision thereof, may 
move to suppress the contents of any wire or oral communica-
tion intercepted pursuant to this chapter, or evidence derived 
therefrom, on the grounds that— 
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‘‘(A) the communication was unlawfully intercepted; 
‘‘(B) the order of authorization or approval under which 
it was intercepted is insufficient on its face; or 
‘‘(C) the interception was not made in conformity with 
the order of authorization or approval. 
Such motion shall be made before the trial, hearing, or pro-
ceeding unless there was no opportunity to make such mo-
tion or the person was not aware of the grounds of the mo-
tion. If the motion is granted, the contents of the inter-
cepted wire or oral communication, or evidence derived 
therefrom, shall be treated as having been obtained in vio-
lation of this chapter. The judge, upon the filing of such 
motion by the aggrieved person, may in his discretion make 
available to the aggrieved person or his counsel for inspec-
tion such portions of the intercepted communication or evi-
dence derived therefrom as the judge determines to be in 
the interests of justice. 
‘‘(2) In addition to any other right to appeal, the United 
States shall have the right to appeal from an order granting 
a motion to suppress made under paragraph (1), or the denial 
of an application for an order of approval, if the United States 
attorney shall certify to the judge or other official granting 
such motion or denying such application that the appeal is not 
taken for purposes of delay. Such appeal shall be taken within 
thirty days after the date the order was entered and shall be 
diligently prosecuted. 
‘‘(3) The remedies and sanctions described in this chapter 
with respect to the interception of electronic communications 
are the only judicial remedies and sanctions for nonconstitu-
tional violations of this chapter involving such communications. 
‘‘(k) EXCEPTION TO SPECIFICATION OF FACILITY REQUIRE-
MENTS.—The requirements of subsections (a)(2)(B) and (c)(4) 
relating to the specification of the facilities from which, or the 
place where, the communication is to be intercepted do not 
apply if— 
‘‘(1) in the case of an application with respect to the 
interception of an oral communication— 
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‘‘(A) the application is by a Federal investigative or 
law enforcement officer and is approved by the Attor-
ney General, the Deputy Attorney General, the Asso-
ciate Attorney General, an Assistant Attorney General, 
or an acting Assistant Attorney General; 
‘‘(B) the application contains a full and complete 
statement as to why such specification is not practical 
and identifies the person committing the offense and 
whose communications are to be intercepted; and 
‘‘(C) the judge finds that such specification is not 
practical; and 
‘‘(2) in the case of an application with respect to a wire 
or electronic communication— 
‘‘(A) the application is by a Federal investigative or 
law enforcement officer and is approved by the Attor-
ney General, the Deputy Attorney General, the Asso-
ciate Attorney General, an Assistant Attorney General, 
or an acting Assistant Attorney General; 
‘‘(B) the application identifies the person believed to 
be committing the offense and whose communications 
are to be intercepted and the applicant makes a show-
ing that there is probable cause to believe that the per-
son’s actions could have the effect of thwarting inter-
ception from a specified facility; 
‘‘(C) the judge finds that such showing has been ade-
quately made; and 
‘‘(D) the order authorizing or approving the inter-
ception is limited to interception only for such time as 
it is reasonable to presume that the person identified 
in the application is or was reasonably proximate to the 
instrument through which such communication will be 
or was transmitted. 
‘‘(l) BEGINNING OF CERTAIN INTERCEPTIONS.—An intercep-
tion of a communication under an order with respect to which 
the requirements of subsections (a)(2)(B) and (c)(4) of this 
section do not apply by reason of subsection (k)(1) shall not 
begin until the place where the communication is to be inter-
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cepted is ascertained by the person implementing the intercep-
tion order. A provider of wire or electronic communications 
service that has received an order as provided for in subsection 
(k)(2) may move the court to modify or quash the order on the 
ground that its assistance with respect to the interception can-
not be performed in a timely or reasonable fashion. The court, 
upon notice to the government, shall decide such a motion ex-
peditiously. 
‘‘§ 1499. Reports 
concerning 
intercepted 
wire, 
oral, or electronic communications 
‘‘(a) 30 DAYS AFTER EXPIRATION OF ORDER.—Within 30 
days after the expiration of an order (or each extension there-
of) entered under section 1498, or the denial of an order ap-
proving an interception, the issuing or denying judge shall re-
port to the Administrative Office of the United States Courts— 
‘‘(1) the fact that an order or extension was applied for; 
‘‘(2) the kind of order or extension applied for (including 
whether or not the order was an order with respect to 
which the requirements of sections 1498(1)(b)(ii) and 
1498(3)(d) of this title did not apply by reason of section 
1498(3)(d) of this title); 
‘‘(3) the fact that the order or extension was granted as 
applied for, was modified, or was denied; 
‘‘(4) the period of interceptions authorized by the order, 
and the number and duration of any extensions of the 
order; 
‘‘(5) the offense specified in the order or application, or 
extension of an order; 
‘‘(6) the identity of the applying investigative or law en-
forcement officer and agency making the application and 
the person authorizing the application; and 
‘‘(7) the nature of the facilities from which or the place 
where communications were to be intercepted. 
‘‘(b) ANNUAL JUSTICE DEPARTMENT REPORT.—In January 
of each year the Attorney General, an Assistant Attorney Gen-
eral specially designated by the Attorney General, or the prin-
cipal prosecuting attorney of a State, or the principal pros-
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ecuting attorney for any political subdivision of a State, shall 
report to the Administrative Office of the United States 
Courts— 
‘‘(1) the information required by paragraphs (a) through 
(g) of subsection (1) of this section with respect to each ap-
plication for an order or extension made during the pre-
ceding calendar year; 
‘‘(2) a general description of the interceptions made 
under such order or extension, including (i) the approxi-
mate nature and frequency of incriminating communica-
tions intercepted, (ii) the approximate nature and fre-
quency of other communications intercepted, (iii) the ap-
proximate number of persons whose communications were 
intercepted, (iv) the number of orders in which encryption 
was encountered and whether such encryption prevented 
law enforcement from obtaining the plain text of commu-
nications intercepted pursuant to such order, and (v) the 
approximate nature, amount, and cost of the manpower 
and other resources used in the interceptions; 
‘‘(3) the number of arrests resulting from interceptions 
made under such order or extension, and the offenses for 
which arrests were made; 
‘‘(4) the number of trials resulting from such intercep-
tions; 
‘‘(5) the number of motions to suppress made with re-
spect to such interceptions, and the number granted or de-
nied; 
‘‘(6) the number of convictions resulting from such inter-
ceptions and the offenses for which the convictions were ob-
tained and a general assessment of the importance of the 
interceptions; and 
‘‘(7) the information required by paragraphs (b) through 
(f) of this subsection with respect to orders or extensions 
obtained in a preceding calendar year. 
‘‘(c) REPORT TO CONGRESS.—In April of each year the Di-
rector of the Administrative Office of the United States Courts 
shall transmit to the Congress a full and complete report con-
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cerning the number of applications for orders authorizing or 
approving the interception of wire, oral, or electronic commu-
nications pursuant to this subchapter and the number of orders 
and extensions granted or denied pursuant to this chapter dur-
ing the preceding calendar year. Such report shall include a 
summary and analysis of the data required to be filed with the 
Administrative Office by subsections (a) and (b) of this section. 
The Director of the Administrative Office of the United States 
Courts is authorized to issue binding regulations dealing with 
the content and form of the reports required to be filed by sub-
sections (a) and (b). 
‘‘§ 1500. Recovery of civil damages authorized 
‘‘(a) 
IN
GENERAL.—Except 
as 
provided 
in 
section 
1492(2)(a)(ii), any person whose wire, oral, or electronic com-
munication is intercepted, disclosed, or intentionally used in 
violation of this chapter may in a civil action recover from the 
person or entity, other than the United States, which engaged 
in that violation such relief as may be appropriate. 
‘‘(b) RELIEF.—In an action under this section, appropriate 
relief includes— 
‘‘(1) such preliminary and other equitable or declaratory 
relief as may be appropriate; 
‘‘(2) damages under subsection (c) and punitive damages 
in appropriate cases; and 
‘‘(3) a reasonable attorney’s fee and other litigation costs 
reasonably incurred. 
‘‘(c) COMPUTATION OF DAMAGES.—(1) In an action under 
this section, if the conduct in violation of this chapter is the 
private viewing of a private satellite video communication that 
is not scrambled or encrypted or if the communication is a 
radio communication that is transmitted on frequencies allo-
cated under subpart D of part 74 of the rules of the Federal 
Communications Commission that is not scrambled or 
encrypted and the conduct is not for a tortious or illegal pur-
pose or for purposes of direct or indirect commercial advantage 
or private commercial gain, then the court shall assess damages 
as follows: 
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‘‘(A) If the person who engaged in that conduct has not 
previously been enjoined under section 1492, and has not 
been found liable in a prior civil action under this section, 
the court shall assess the greater of the sum of actual dam-
ages suffered by the plaintiff, or statutory damages of not 
less than $50 and not more than $500. 
‘‘(B) If, on one prior occasion, the person who engaged 
in that conduct has been enjoined under section 2511(5) or 
has been found liable in a civil action under this section, 
the court shall assess the greater of the sum of actual dam-
ages suffered by the plaintiff, or statutory damages of not 
less than $100 and not more than $1000. 
‘‘(2) In any other action under this section, the court may 
assess as damages whichever is the greater of— 
‘‘(A) the sum of the actual damages suffered by the 
plaintiff and any profits made by the violator as a result 
of the violation; or 
‘‘(B) statutory damages of whichever is the greater of 
$100 a day for each day of violation or $10,000. 
‘‘(d) DEFENSE.—A good faith reliance on— 
‘‘(1) a court warrant or order, a grand jury subpoena, 
a legislative authorization, or a statutory authorization; 
‘‘(2) a request of an investigative or law enforcement of-
ficer under section 1498(7) of this title; or 
‘‘(3) a good faith determination that section 1492(3) or 
2511(2)(i) of this title permitted the conduct complained 
of; 
is a complete defense against any civil or criminal action 
brought under this chapter or any other law. 
‘‘(e) LIMITATION.—A civil action under this section may not 
be commenced later than two years after the date upon which 
the claimant first has a reasonable opportunity to discover the 
violation. 
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or appro-
priate department or agency determines that the United States 
or any of its departments or agencies has violated any provision 
of this chapter, and the court or appropriate department or 
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agency finds that the circumstances surrounding the violation 
raise serious questions about whether or not an officer or em-
ployee of the United States acted willfully or intentionally with 
respect to the violation, the department or agency shall, upon 
receipt of a true and correct copy of the decision and findings 
of the court or appropriate department or agency promptly ini-
tiate a proceeding to determine whether disciplinary action 
against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector Gen-
eral with jurisdiction over the department or agency concerned 
and shall provide the Inspector General with the reasons for 
such determination. 
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any willful 
disclosure or use by an investigative or law enforcement officer 
or governmental entity of information beyond the extent per-
mitted by section 2517 is a violation of this chapter for pur-
poses of section 2520(a). 
‘‘§ 1501. Injunction against illegal interception 
‘‘Whenever it shall appear that any person is engaged or is 
about to engage in any act which constitutes or will constitute 
a felony violation of this chapter, the Attorney General may ini-
tiate a civil action in a district court of the United States to 
enjoin such violation. The court shall proceed as soon as prac-
ticable to the hearing and determination of such an action, and 
may, at any time before final determination, enter such a re-
straining order or prohibition, or take such other action, as is 
warranted to prevent a continuing and substantial injury to the 
United States or to any person or class of persons for whose 
protection the action is brought. A proceeding under this sec-
tion is governed by the Federal Rules of Civil Procedure, except 
that, if an indictment has been returned against the respond-
ent, discovery is governed by the Federal Rules of Criminal 
Procedure. 
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‘‘§ 1502. Enforcement of the Communications As-
sistance for Law Enforcement Act 
‘‘(a) ENFORCEMENT
BY COURT ISSUING SURVEILLANCE 
ORDER.—If a court authorizing an interception under this 
chapter, a State statute, or the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) or authorizing use 
of a pen register or a trap and trace device under chapter 206 
or a State statute finds that a telecommunications carrier has 
failed to comply with the requirements of the Communications 
Assistance for Law Enforcement Act, the court may, in accord-
ance with section 108 of such Act, direct that the carrier com-
ply forthwith and may direct that a provider of support services 
to the carrier or the manufacturer of the carrier’s transmission 
or switching equipment furnish forthwith modifications nec-
essary for the carrier to comply. 
‘‘(b) ENFORCEMENT UPON APPLICATION
BY ATTORNEY 
GENERAL.—The Attorney General may, in a civil action in the 
appropriate United States district court, obtain an order, in ac-
cordance with section 108 of the Communications Assistance 
for Law Enforcement Act, directing that a telecommunications 
carrier, a manufacturer of telecommunications transmission or 
switching equipment, or a provider of telecommunications sup-
port services comply with such Act. 
‘‘(c) CIVIL PENALTY.— 
‘‘(1) IN GENERAL.—A court issuing an order under this 
section against a telecommunications carrier, a manufac-
turer of telecommunications transmission or switching 
equipment, or a provider of telecommunications support 
services may impose a civil penalty of up to $10,000 per 
day for each day in violation after the issuance of the order 
or after such future date as the court may specify. 
‘‘(2) CONSIDERATIONS.—In determining whether to im-
pose a civil penalty and in determining its amount, the 
court shall take into account— 
‘‘(A) the nature, circumstances, and extent of the 
violation; 
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‘‘(B) the violator’s ability to pay, the violator’s good 
faith efforts to comply in a timely manner, any effect 
on the violator’s ability to continue to do business, the 
degree of culpability, and the length of any delay in un-
dertaking efforts to comply; and 
‘‘(C) such other matters as justice may require. 
‘‘(d) DEFINITIONS.—As used in this section, the terms de-
fined in section 102 of the Communications Assistance for Law 
Enforcement Act have the meanings provided, respectively, in 
such section. 
‘‘SUBCHAPTER C—STORED WIRE AND ELECTRONIC 
COMMUNICATIONS 
AND 
TRANSACTIONAL 
RECORDS ACCESS 
‘‘Sec. 
‘‘1521.
Unlawful access to stored communications. 
‘‘1522.
Voluntary disclosure of customer communications or records. 
‘‘1523.
Required disclosure of customer communications or records. 
‘‘1524.
Backup preservation. 
‘‘1525.
Delayed notice. 
‘‘1526.
Cost reimbursement. 
‘‘1527.
Civil action. 
‘‘1528.
Exclusivity of remedies. 
‘‘1529.
Counterintelligence access to telephone toll and transactional 
records. 
‘‘1530.
Wrongful disclosure of video tape rental or sale records. 
‘‘1531.
Definitions for subchapter. 
‘‘1532.
Civil actions against the United States. 
‘‘§1521. Unlawful access to stored communications 
‘‘(a) OFFENSE.—Except as provided in subsection (c) of this 
section whoever— 
‘‘(1) intentionally accesses without authorization a facil-
ity through which an electronic communication service is 
provided; or 
‘‘(2) intentionally exceeds an authorization to access that 
facility; 
and thereby obtains, alters, or prevents authorized access to a 
wire or electronic communication while it is in electronic stor-
age in such system shall be punished as provided in subsection 
(b) of this section. 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
subsection (a) of this section is— 
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‘‘(1) if the offense is committed for purposes of commer-
cial advantage, malicious destruction or damage, or private 
commercial gain, or in furtherance of any criminal or 
tortious act in violation of the Constitution or laws of the 
United States or any State— 
‘‘(A) a fine under this title or imprisonment for not 
more than 5 years, or both, in the case of a first of-
fense under this subparagraph; and 
‘‘(B) a fine under this title or imprisonment for not 
more than 10 years, or both, for any subsequent of-
fense under this subparagraph; and 
‘‘(2) in any other case— 
‘‘(A) a fine under this title or imprisonment for not 
more than 1 year or both, in the case of a first offense 
under this paragraph; and 
‘‘(B) a fine under this title or imprisonment for not 
more than 5 years, or both, in the case of an offense 
under this subparagraph that occurs after a conviction 
of another offense under this section. 
‘‘(c) EXCEPTIONS.—Subsection (a) of this section does not 
apply with respect to conduct authorized— 
‘‘(1) by the person or entity providing a wire or elec-
tronic communications service; 
‘‘(2) by a user of that service with respect to a commu-
nication of or intended for that user; or 
‘‘(3) in section 1523, 1524, or 1498 of this title. 
‘‘§ 1522. Voluntary disclosure of customer commu-
nications or records 
‘‘(a) PROHIBITIONS.—Except as provided in subsection (b)— 
‘‘(1) a person or entity providing an electronic commu-
nication service to the public shall not knowingly divulge to 
any person or entity the contents of a communication while 
in electronic storage by that service; and 
‘‘(2) a person or entity providing remote computing serv-
ice to the public shall not knowingly divulge to any person 
or entity the contents of any communication which is car-
ried or maintained on that service— 
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‘‘(A) on behalf of, and received by means of elec-
tronic transmission from (or created by means of com-
puter processing of communications received by means 
of electronic transmission from), a subscriber or cus-
tomer of such service; 
‘‘(B) solely for the purpose of providing storage or 
computer processing services to such subscriber or cus-
tomer, if the provider is not authorized to access the 
contents of any such communications for purposes of 
providing any services other than storage or computer 
processing; and 
‘‘(3) a provider of remote computing service or electronic 
communication service to the public shall not knowingly di-
vulge a record or other information pertaining to a sub-
scriber to or customer of such service (not including the 
contents of communications covered by paragraph (1) or 
(2)) to any governmental entity. 
‘‘(b) EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.— 
A provider described in subsection (a) may divulge the contents 
of a communication— 
‘‘(1) to an addressee or intended recipient of such com-
munication or an agent of such addressee or intended re-
cipient; 
‘‘(2) as otherwise authorized in section 1497, 1492, or 
1523 of this title; 
‘‘(3) with the lawful consent of the originator or an ad-
dressee or intended recipient of such communication, or the 
subscriber in the case of remote computing service; 
‘‘(4) to a person employed or authorized or whose facili-
ties are used to forward such communication to its destina-
tion; 
‘‘(5) as may be necessarily incident to the rendition of 
the service or to the protection of the rights or property of 
the provider of that service; 
‘‘(6) to the National Center for Missing and Exploited 
Children, in connection with a report submitted thereto 
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under section 227 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032); 
‘‘(7) to a law enforcement agency if the contents— 
‘‘(A) were inadvertently obtained by the service pro-
vider; and 
‘‘(B) appear to pertain to the commission of a crime; 
and 
‘‘(8) to a Federal, State, or local governmental entity, if 
the provider, in good faith, believes that an emergency in-
volving danger of death or serious physical injury to any 
person requires disclosure without delay of communications 
relating to the emergency. 
‘‘(c) 
EXCEPTIONS
FOR
DISCLOSURE
OF
CUSTOMER 
RECORDS.—A provider described in subsection (a) may divulge 
a record or other information pertaining to a subscriber to or 
customer of such service (not including the contents of commu-
nications covered by subsection (a)(1) or (a)(2))— 
‘‘(1) as otherwise authorized in section 1523; 
‘‘(2) with the lawful consent of the customer or sub-
scriber; 
‘‘(3) as may be necessarily incident to the rendition of 
the service or to the protection of the rights or property of 
the provider of that service; 
‘‘(4) to a governmental entity, if the provider reasonably 
believes that an emergency involving immediate danger of 
death or serious physical injury to any person justifies dis-
closure of the information; 
‘‘(5) to the National Center for Missing and Exploited 
Children, in connection with a report submitted thereto 
under section 227 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032); or 
‘‘(6) to any person other than a governmental entity. 
‘‘§ 1523. Required disclosure of customer commu-
nications or records 
‘‘(a) CONTENTS
OF WIRE
OR ELECTRONIC COMMUNICA-
TIONS IN ELECTRONIC STORAGE.—A governmental entity may 
require the disclosure by a provider of electronic communication 
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service of the contents of a wire or electronic communication, 
that is in electronic storage in an electronic communications 
system for one hundred and eighty days or less, only pursuant 
to a warrant issued using the procedures described in the Fed-
eral Rules of Criminal Procedure by a court with jurisdiction 
over the offense under investigation or equivalent State war-
rant. A governmental entity may require the disclosure by a 
provider of electronic communications services of the contents 
of a wire or electronic communication that has been in elec-
tronic storage in an electronic communications system for more 
than one hundred and eighty days by the means available 
under subsection (b) of this section. 
‘‘(b) CONTENTS
OF WIRE
OR ELECTRONIC COMMUNICA-
TIONS IN A REMOTE COMPUTING SERVICE.—(1) A govern-
mental entity may require a provider of remote computing serv-
ice to disclose the contents of any wire or electronic commu-
nication to which this paragraph is made applicable by para-
graph (2) of this subsection— 
‘‘(A) without required notice to the subscriber or cus-
tomer, if the governmental entity obtains a warrant issued 
using the procedures described in the Federal Rules of 
Criminal Procedure by a court with jurisdiction over the of-
fense under investigation or equivalent State warrant; or 
‘‘(B) with prior notice from the governmental entity to 
the subscriber or customer if the governmental entity— 
‘‘(i) uses an administrative subpoena authorized by a 
Federal or State statute or a Federal or State grand 
jury or trial subpoena; or 
‘‘(ii) obtains a court order for such disclosure under 
subsection (d) of this section; 
except that delayed notice may be given pursuant to section 
1525 of this title. 
‘‘(2) Paragraph (1) is applicable with respect to any wire or 
electronic communication that is held or maintained on that 
service— 
‘‘(A) on behalf of, and received by means of electronic 
transmission from (or created by means of computer proc-
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essing of communications received by means of electronic 
transmission from), a subscriber or customer of such re-
mote computing service; and 
‘‘(B) solely for the purpose of providing storage or com-
puter processing services to such subscriber or customer, if 
the provider is not authorized to access the contents of any 
such communications for purposes of providing any services 
other than storage or computer processing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMUNICATION 
SERVICE OR REMOTE COMPUTING SERVICE.—(1) governmental 
entity may require a provider of electronic communication serv-
ice or remote computing service to disclose a record or other 
information pertaining to a subscriber to or customer of such 
service (not including the contents of communications) only 
when the governmental entity— 
‘‘(A) obtains a warrant issued using the procedures de-
scribed in the Federal Rules of Criminal Procedure by a 
court with jurisdiction over the offense under investigation 
or equivalent State warrant; 
‘‘(B) obtains a court order for such disclosure under sub-
section (d) of this section; 
‘‘(C) has the consent of the subscriber or customer to 
such disclosure; 
‘‘(D) submits a formal written request relevant to a law 
enforcement investigation concerning telemarketing fraud 
for the name, address, and place of business of a subscriber 
or customer of such provider, which subscriber or customer 
is engaged in telemarketing (as such term is defined in sec-
tion 2325 of this title); or 
‘‘(E) seeks information under paragraph (2). 
‘‘(2) A provider of electronic communication service or re-
mote computing service shall disclose to a governmental entity 
the— 
‘‘(A) name; 
‘‘(B) address; 
‘‘(C) local and long distance telephone connection 
records, or records of session times and durations; 
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‘‘(D) length of service (including start date) and types of 
service utilized; 
‘‘(E) telephone or instrument number or other subscriber 
number or identity, including any temporarily assigned net-
work address; and 
‘‘(F) means and source of payment for such service (in-
cluding any credit card or bank account number), 
of a subscriber to or customer of such service when the govern-
mental entity uses an administrative subpoena authorized by a 
Federal or State statute or a Federal or State grand jury or 
trial subpoena or any means available under paragraph (1). 
‘‘(3) A governmental entity receiving records or information 
under this subsection is not required to provide notice to a sub-
scriber or customer. 
‘‘(d) REQUIREMENTS FOR COURT ORDER.—A court order 
for disclosure under subsection (b) or (c) may be issued by any 
court that is a court of competent jurisdiction and shall issue 
only if the governmental entity offers specific and articulable 
facts showing that there are reasonable grounds to believe that 
the contents of a wire or electronic communication, or the 
records or other information sought, are relevant and material 
to an ongoing criminal investigation. In the case of a State gov-
ernmental authority, such a court order shall not issue if pro-
hibited by the law of such State. A court issuing an order pur-
suant to this section, on a motion made promptly by the service 
provider, may quash or modify such order, if the information 
or records requested are unusually voluminous in nature or 
compliance with such order otherwise would cause an undue 
burden on such provider. 
‘‘(e) NO CAUSE
OF ACTION AGAINST
A PROVIDER DIS-
CLOSING INFORMATION UNDER THIS CHAPTER.—No cause of 
action shall lie in any court against any provider of wire or 
electronic communication service, its officers, employees, 
agents, or other specified persons for providing information, fa-
cilities, or assistance in accordance with the terms of a court 
order, warrant, subpoena, statutory authorization, or certifi-
cation under this chapter. 
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‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.— 
‘‘(1) IN GENERAL.—A provider of wire or electronic com-
munication services or a remote computing service, upon 
the request of a governmental entity, shall take all nec-
essary steps to preserve records and other evidence in its 
possession pending the issuance of a court order or other 
process. 
‘‘(2) PERIOD OF RETENTION.—Records referred to in 
paragraph (1) shall be retained for a period of 90 days, 
which shall be extended for an additional 90-day period 
upon a renewed request by the governmental entity. 
‘‘(g) PRESENCE
OF OFFICER NOT REQUIRED.—Notwith-
standing section 3105 of this title, the presence of an officer 
shall not be required for service or execution of a search war-
rant issued in accordance with this chapter requiring disclosure 
by a provider of electronic communications service or remote 
computing service of the contents of communications or records 
or other information pertaining to a subscriber to or customer 
of such service. 
‘‘§ 1524. Backup preservation 
‘‘(a) BACKUP PRESERVATION.—(1) A governmental entity 
acting under section 1523(b)(2) may include in its subpoena or 
court order a requirement that the service provider to whom 
the request is directed create a backup copy of the contents of 
the electronic communications sought in order to preserve those 
communications. Without notifying the subscriber or customer 
of such subpoena or court order, such service provider shall 
create such backup copy as soon as practicable consistent with 
its regular business practices and shall confirm to the govern-
mental entity that such backup copy has been made. Such 
backup copy shall be created within two business days after re-
ceipt by the service provider of the subpoena or court order. 
‘‘(2) Notice to the subscriber or customer shall be made by 
the governmental entity within three days after receipt of such 
confirmation, unless such notice is delayed pursuant to section 
1525(a). 
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‘‘(3) The service provider shall not destroy such backup copy 
until the later of— 
‘‘(A) the delivery of the information; or 
‘‘(B) the resolution of any proceedings (including appeals 
of any proceeding) concerning the government’s subpoena 
or court order. 
‘‘(4) The service provider shall release such backup copy to 
the requesting governmental entity no sooner than fourteen 
days after the governmental entity’s notice to the subscriber or 
customer if such service provider— 
‘‘(A) has not received notice from the subscriber or cus-
tomer that the subscriber or customer has challenged the 
governmental entity’s request; and 
‘‘(B) has not initiated proceedings to challenge the re-
quest of the governmental entity. 
‘‘(5) A governmental entity may seek to require the creation 
of a backup copy under subsection (a)(1) of this section if in 
its sole discretion such entity determines that there is reason 
to believe that notification under section 1524 of this title of 
the existence of the subpoena or court order may result in de-
struction of or tampering with evidence. This determination is 
not subject to challenge by the subscriber or customer or serv-
ice provider. 
‘‘(b) CUSTOMER CHALLENGES.—(1) Within 14 days after 
notice by the governmental entity to the subscriber or customer 
under subsection (a)(2) of this section, such subscriber or cus-
tomer may file a motion to quash such subpoena or vacate such 
court order, with copies served upon the governmental entity 
and with written notice of such challenge to the service pro-
vider. A motion to vacate a court order shall be filed in the 
court which issued such order. A motion to quash a subpoena 
shall be filed in the appropriate United States district court or 
State court. Such motion or application shall contain an affi-
davit or sworn statement— 
‘‘(A) stating that the applicant is a customer or sub-
scriber to the service from which the contents of electronic 
communications maintained for him have been sought; and 
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‘‘(B) stating the applicant’s reasons for believing that 
the records sought are not relevant to a legitimate law en-
forcement inquiry or that there has not been substantial 
compliance with the provisions of this chapter in some 
other respect. 
‘‘(2) Service shall be made under this section upon a govern-
mental entity by delivering or mailing by registered or certified 
mail a copy of the papers to the person, office, or department 
specified in the notice which the customer has received pursu-
ant to this chapter. For the purposes of this section, the term 
‘delivery’ has the meaning given that term in the Federal Rules 
of Civil Procedure. 
‘‘(3) If the court finds that the customer has complied with 
paragraphs (1) and (2) of this subsection, the court shall order 
the governmental entity to file a sworn response, which may be 
filed in camera if the governmental entity includes in its re-
sponse the reasons which make in camera review appropriate. 
If the court is unable to determine the motion or application 
on the basis of the parties’ initial allegations and response, the 
court may conduct such additional proceedings as it deems ap-
propriate. All such proceedings shall be completed and the mo-
tion or application decided as soon as practicable after the fil-
ing of the governmental entity’s response. 
‘‘(4) If the court finds that the applicant is not the sub-
scriber or customer for whom the communications sought by 
the governmental entity are maintained, or that there is a rea-
son to believe that the law enforcement inquiry is legitimate 
and that the communications sought are relevant to that in-
quiry, it shall deny the motion or application and order such 
process enforced. If the court finds that the applicant is the 
subscriber or customer for whom the communications sought by 
the governmental entity are maintained, and that there is not 
a reason to believe that the communications sought are relevant 
to a legitimate law enforcement inquiry, or that there has not 
been substantial compliance with the provisions of this chapter, 
it shall order the process quashed. 
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‘‘(5) A court order denying a motion or application under 
this section shall not be deemed a final order and no interlocu-
tory appeal may be taken therefrom by the customer. 
‘‘§ 1525. Delayed notice 
‘‘(a) DELAY OF NOTIFICATION.—(1) A governmental entity 
acting under section 1523(b) of this title may— 
‘‘(A) where a court order is sought, include in the appli-
cation a request, which the court shall grant, for an order 
delaying the notification required under section 1523(b) of 
this title for a period not to exceed ninety days, if the court 
determines that there is reason to believe that notification 
of the existence of the court order may have an adverse re-
sult described in paragraph (2) of this subsection; or 
‘‘(B) where an administrative subpoena authorized by a 
Federal or State statute or a Federal or State grand jury 
subpoena is obtained, delay the notification required under 
section 1523(b) of this title for a period not to exceed nine-
ty days upon the execution of a written certification of a 
supervisory official that there is reason to believe that noti-
fication of the existence of the subpoena may have an ad-
verse result described in paragraph (2) of this subsection. 
‘‘(2) An adverse result for the purposes of paragraph (1) of 
this subsection is— 
‘‘(A) endangering the life or physical safety of an indi-
vidual; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evidence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously jeopardizing an investigation or 
unduly delaying a trial. 
‘‘(3) The governmental entity shall maintain a true copy of 
certification under paragraph (1)(B). 
‘‘(4) Extensions of the delay of notification provided in sec-
tion 1523 of up to ninety days each may be granted by the 
court upon application, or by certification by a governmental 
entity, but only in accordance with subsection (b) of this sec-
tion. 
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‘‘(5) Upon expiration of the period of delay of notification 
under paragraph (1) or (4) of this subsection, the governmental 
entity shall serve upon, or deliver by registered or first-class 
mail to, the customer or subscriber a copy of the process or re-
quest together with notice that— 
‘‘(A) states with reasonable specificity the nature of the 
law enforcement inquiry; and 
‘‘(B) informs such customer or subscriber— 
‘‘(i) that information maintained for such customer 
or subscriber by the service provider named in such 
process or request was supplied to or requested by that 
governmental authority and the date on which the sup-
plying or request took place; 
‘‘(ii) that notification of such customer or subscriber 
was delayed; 
‘‘(iii) what governmental entity or court made the 
certification or determination pursuant to which that 
delay was made; and 
‘‘(iv) which provision of this chapter allowed such 
delay. 
‘‘(6) As used in this subsection, the term ‘supervisory offi-
cial’ means the investigative agent in charge or assistant inves-
tigative agent in charge or an equivalent of an investigating 
agency’s headquarters or regional office, or the chief pros-
ecuting attorney or the first assistant prosecuting attorney or 
an equivalent of a prosecuting attorney’s headquarters or re-
gional office. 
‘‘(b) PRECLUSION
OF NOTICE
TO SUBJECT
OF GOVERN-
MENTAL ACCESS.—A governmental entity acting under section 
1523, when it is not required to notify the subscriber or cus-
tomer under section 1523(b)(1), or to the extent that it may 
delay such notice pursuant to subsection (a) of this section, 
may apply to a court for an order commanding a provider of 
electronic communications service or remote computing service 
to whom a warrant, subpoena, or court order is directed, for 
such period as the court deems appropriate, not to notify any 
other person of the existence of the warrant, subpoena, or court 
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order. The court shall enter such an order if it determines that 
there is reason to believe that notification of the existence of 
the warrant, subpoena, or court order will result in— 
‘‘(1) endangering the life or physical safety of an indi-
vidual; 
‘‘(2) flight from prosecution; 
‘‘(3) destruction of or tampering with evidence; 
‘‘(4) intimidation of potential witnesses; or 
‘‘(5) otherwise seriously jeopardizing an investigation or 
unduly delaying a trial. 
‘‘§ 1526. Cost reimbursement 
‘‘(a) PAYMENT.—Except as otherwise provided in subsection 
(c), a governmental entity obtaining the contents of commu-
nications, records, or other information under section 1522, 
1553, or 1524 shall pay to the person or entity assembling or 
providing such information a fee for reimbursement for such 
costs as are reasonably necessary and which have been directly 
incurred in searching for, assembling, reproducing, or otherwise 
providing such information. Such reimbursable costs shall in-
clude any costs due to necessary disruption of normal oper-
ations of any electronic communication service or remote com-
puting service in which such information may be stored. 
‘‘(b) AMOUNT.—The amount of the fee provided by sub-
section (a) shall be as mutually agreed by the governmental en-
tity and the person or entity providing the information, or, in 
the absence of agreement, shall be as determined by the court 
which issued the order for production of such information (or 
the court before which a criminal prosecution relating to such 
information would be brought, if no court order was issued for 
production of the information). 
‘‘(c) EXCEPTION.—The requirement of subsection (a) of this 
section does not apply with respect to records or other informa-
tion maintained by a communications common carrier that re-
late to telephone toll records and telephone listings obtained 
under section 2703 of this title. The court may, however, order 
a payment as described in subsection (a) if the court deter-
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mines the information required is unusually voluminous in na-
ture or otherwise caused an undue burden on the provider. 
‘‘§ 1527. Civil action 
‘‘(a) CAUSE
OF ACTION.—Except as provided in section 
1523(e), any provider of electronic communication service, sub-
scriber, or other person aggrieved by any violation of this sub-
chapter in which the conduct constituting the violation is en-
gaged in with a knowing or intentional state of mind may, in 
a civil action, recover from the person or entity, other than the 
United States, which engaged in that violation such relief as 
may be appropriate. 
‘‘(b) RELIEF.—In a civil action under this section, appro-
priate relief includes— 
‘‘(1) such preliminary and other equitable or declaratory 
relief as may be appropriate; 
‘‘(2) damages under subsection (c); and 
‘‘(3) a reasonable attorney’s fee and other litigation costs 
reasonably incurred. 
‘‘(c) DAMAGES.—The court may assess as damages in a civil 
action under this section the sum of the actual damages suf-
fered by the plaintiff and any profits made by the violator as 
a result of the violation, but in no case shall a person entitled 
to recover receive less than the sum of $1,000. If the violation 
is willful or intentional, the court may assess punitive damages. 
In the case of a successful action to enforce liability under this 
section, the court may assess the costs of the action, together 
with reasonable attorney fees determined by the court. 
‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a court or appro-
priate department or agency determines that the United States 
or any of its departments or agencies has violated any provision 
of this chapter, and the court or appropriate department or 
agency finds that the circumstances surrounding the violation 
raise serious questions about whether or not an officer or em-
ployee of the United States acted willfully or intentionally with 
respect to the violation, the department or agency shall, upon 
receipt of a true and correct copy of the decision and findings 
of the court or appropriate department or agency promptly ini-
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tiate a proceeding to determine whether disciplinary action 
against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector Gen-
eral with jurisdiction over the department or agency concerned 
and shall provide the Inspector General with the reasons for 
such determination. 
‘‘(e) DEFENSE.—A good faith reliance on— 
‘‘(1) a court warrant or order, a grand jury subpoena, 
a legislative authorization, or a statutory authorization (in-
cluding a request of a governmental entity under section 
1523(f) of this title); 
‘‘(2) a request of an investigative or law enforcement of-
ficer under section 1498(7) of this title; or 
‘‘(3) a good faith determination that section 1492(3) of 
this title permitted the conduct complained of; 
is a complete defense to any civil or criminal action brought 
under this chapter or any other law. 
‘‘(f) LIMITATION.—A civil action under this section may not 
be commenced later than two years after the date upon which 
the claimant first discovered or had a reasonable opportunity 
to discover the violation. 
‘‘(g) IMPROPER DISCLOSURE.—Any willful disclosure of a 
‘record’, as that term is defined in section 552a(a) of title 5, 
United States Code, obtained by an investigative or law en-
forcement officer, or a governmental entity, pursuant to section 
1523 of this title, or from a device installed pursuant to section 
3123 or 3125 of this title, that is not a disclosure made in the 
proper performance of the official functions of the officer or 
governmental entity making the disclosure, is a violation of this 
chapter. This provision shall not apply to information pre-
viously lawfully disclosed (prior to the commencement of any 
civil or administrative proceeding under this chapter) to the 
public by a Federal, State, or local governmental entity or by 
the plaintiff in a civil action under this chapter. 
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‘‘§ 1528. Exclusivity of remedies 
‘‘The remedies and sanctions described in this subchapter 
are the only judicial remedies and sanctions for nonconstitu-
tional violations of this subchapter. 
‘‘§ 1529. Counterintelligence access to telephone 
toll and transactional records 
‘‘(a) DUTY TO PROVIDE.—A wire or electronic communica-
tion service provider shall comply with a request for subscriber 
information and toll billing records information, or electronic 
communication transactional records in its custody or posses-
sion made by the Director of the Federal Bureau of Investiga-
tion under subsection (b) of this section. 
‘‘(b) REQUIRED CERTIFICATION.—The Director of the Fed-
eral Bureau of Investigation, or his designee in a position not 
lower than Deputy Assistant Director at Bureau headquarters 
or a Special Agent in Charge in a Bureau field office des-
ignated by the Director, may— 
‘‘(1) request the name, address, length of service, and 
local and long distance toll billing records of a person or 
entity if the Director (or his designee) certifies in writing 
to the wire or electronic communication service provider to 
which the request is made that the name, address, length 
of service, and toll billing records sought are relevant to an 
authorized investigation to protect against international 
terrorism or clandestine intelligence activities, provided that 
such an investigation of a United States person is not con-
ducted solely on the basis of activities protected by the first 
amendment to the Constitution of the United States; and 
‘‘(2) request the name, address, and length of service of 
a person or entity if the Director (or his designee) certifies 
in writing to the wire or electronic communication service 
provider to which the request is made that the information 
sought is relevant to an authorized investigation to protect 
against international terrorism or clandestine intelligence 
activities, provided that such an investigation of a United 
States person is not conducted solely upon the basis of ac-
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tivities protected by the first amendment to the Constitu-
tion of the United States. 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—No wire or 
electronic communication service provider, or officer, employee, 
or agent thereof, shall disclose to any person that the Federal 
Bureau of Investigation has sought or obtained access to infor-
mation or records under this section. 
‘‘(d) DISSEMINATION BY BUREAU.—The Federal Bureau of 
Investigation may disseminate information and records ob-
tained under this section only as provided in guidelines ap-
proved by the Attorney General for foreign intelligence collec-
tion and foreign counterintelligence investigations conducted by 
the Federal Bureau of Investigation, and, with respect to dis-
semination to an agency of the United States, only if such in-
formation is clearly relevant to the authorized responsibilities 
of such agency. 
‘‘(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL BOD-
IES BE INFORMED.—On a semiannual basis the Director of the 
Federal Bureau of Investigation shall fully inform the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the 
Senate, and the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate, concerning all requests made under subsection (b) of 
this section. 
‘‘§ 1530. Wrongful disclosure of video tape rental 
or sale records 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘consumer’ means any renter, purchaser, 
or subscriber of goods or services from a video tape service 
provider; 
‘‘(2) the term ‘ordinary course of business’ means only 
debt collection activities, order fulfillment, request proc-
essing, and the transfer of ownership; 
‘‘(3) the term ‘personally identifiable information’ in-
cludes information which identifies a person as having re-
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quested or obtained specific video materials or services 
from a video tape service provider; and 
‘‘(4) the term ‘video tape service provider’ means any 
person, engaged in the business, in or affecting interstate 
or foreign commerce, of rental, sale, or delivery of 
prerecorded video cassette tapes or similar audio visual ma-
terials, or any person or other entity to whom a disclosure 
is made under subparagraph (D) or (E) of subsection 
(b)(2), but only with respect to the information contained 
in the disclosure. 
‘‘(b) VIDEO TAPE RENTAL
AND SALE RECORDS.—(1) A 
video tape service provider who knowingly discloses, to any per-
son, personally identifiable information concerning any con-
sumer of such provider shall be liable to the aggrieved person 
for the relief provided in subsection (d). 
‘‘(2) A video tape service provider may disclose personally 
identifiable information concerning any consumer— 
‘‘(A) to the consumer; 
‘‘(B) to any person with the informed, written consent of 
the consumer given at the time the disclosure is sought; 
‘‘(C) to a law enforcement agency pursuant to a warrant 
issued under the Federal Rules of Criminal Procedure, an 
equivalent State warrant, a grand jury subpoena, or a 
court order; 
‘‘(D) to any person if the disclosure is solely of the 
names and addresses of consumers and if— 
‘‘(i) the video tape service provider has provided the 
consumer with the opportunity, in a clear and con-
spicuous manner, to prohibit such disclosure; and 
‘‘(ii) the disclosure does not identify the title, de-
scription, or subject matter of any video tapes or other 
audio visual material; however, the subject matter of 
such materials may be disclosed if the disclosure is for 
the exclusive use of marketing goods and services di-
rectly to the consumer; 
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‘‘(E) to any person if the disclosure is incident to the or-
dinary course of business of the video tape service provider; 
or 
‘‘(F) pursuant to a court order, in a civil proceeding 
upon a showing of compelling need for the information that 
cannot be accommodated by any other means, if— 
‘‘(i) the consumer is given reasonable notice, by the 
person seeking the disclosure, of the court proceeding 
relevant to the issuance of the court order; and 
‘‘(ii) the consumer is afforded the opportunity to ap-
pear and contest the claim of the person seeking the 
disclosure. 
If an order is granted pursuant to subparagraph (C) or (F), 
the court shall impose appropriate safeguards against unau-
thorized disclosure. 
‘‘(3) Court orders authorizing disclosure under subparagraph 
(C) shall issue only with prior notice to the consumer and only 
if the law enforcement agency shows that there is probable 
cause to believe that the records or other information sought 
are relevant to a legitimate law enforcement inquiry. In the 
case of a State government authority, such a court order shall 
not issue if prohibited by the law of such State. A court issuing 
an order pursuant to this section, on a motion made promptly 
by the video tape service provider, may quash or modify such 
order if the information or records requested are unreasonably 
voluminous in nature or if compliance with such order other-
wise would cause an unreasonable burden on such provider. 
‘‘(c) CIVIL ACTION.—(1) Any person aggrieved by any act of 
a person in violation of this section may bring a civil action in 
a United States district court. 
‘‘(2) The court may award— 
‘‘(A) actual damages but not less than liquidated dam-
ages in an amount of $2,500; 
‘‘(B) punitive damages; 
‘‘(C) reasonable attorneys’ fees and other litigation costs 
reasonably incurred; and 
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‘‘(D) such other preliminary and equitable relief as the 
court determines to be appropriate. 
‘‘(3) No action may be brought under this subsection unless 
such action is begun within 2 years from the date of the act 
complained of or the date of discovery. 
‘‘(4) No liability shall result from lawful disclosure permitted 
by this section. 
‘‘(d) PERSONALLY IDENTIFIABLE INFORMATION.—Person-
ally identifiable information obtained in any manner other than 
as provided in this section shall not be received in evidence in 
any trial, hearing, arbitration, or other proceeding in or before 
any court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the United 
States, a State, or a political subdivision of a State. 
‘‘(e) DESTRUCTION OF OLD RECORDS.—A person subject to 
this section shall destroy personally identifiable information as 
soon as practicable, but no later than one year from the date 
the information is no longer necessary for the purpose for 
which it was collected and there are no pending requests or or-
ders for access to such information under subsection (b)(2) or 
(c)(2) or pursuant to a court order. 
‘‘(f) PREEMPTION.—The provisions of this section preempt 
only the provisions of State or local law that require disclosure 
prohibited by this section. 
‘‘§ 1531. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the terms defined in section 1491 have, respectively, 
the definitions given such terms in that section; 
‘‘(2) the term ‘remote computing service’ means the pro-
vision to the public of computer storage or processing serv-
ices by means of an electronic communications system; and 
‘‘(3) the term ‘court of competent jurisdiction’ has the 
meaning assigned by section 3127, and includes any Fed-
eral court within that definition, without geographic limita-
tion. 
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‘‘§ 1532. Civil actions against the United States 
‘‘(a) IN GENERAL.—Any person who is aggrieved by any 
willful violation of this chapter or subchapter B of chapter 37 
of this title or of sections 106(a), 305(a), or 405(a) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) may commence an action in United States District Court 
against the United States to recover money damages. In any 
such action, if a person who is aggrieved successfully estab-
lishes such a violation of this subchapter or subchapter B or 
of the above specified provisions of title 50, the Court may as-
sess as damages— 
‘‘(1) actual damages, but not less than $10,000, which-
ever amount is greater; and 
‘‘(2) litigation costs, reasonably incurred. 
‘‘(b) PROCEDURES.—(1) Any action against the United 
States under this section may be commenced only after a claim 
is presented to the appropriate department or agency under the 
procedures of the Federal Tort Claims Act, as set forth in title 
28, United States Code. 
‘‘(2) Any action against the United States under this section 
shall be forever barred unless it is presented in writing to the 
appropriate Federal agency within 2 years after such claim ac-
crues or unless action is begun within 6 months after the date 
of mailing, by certified or registered mail, of notice of final de-
nial of the claim by the agency to which it was presented. The 
claim shall accrue on the date upon which the claimant first 
has a reasonable opportunity to discover the violation. 
‘‘(3) Any action under this section shall be tried to the court 
without a jury. 
‘‘(4) Notwithstanding any other provision of law, the proce-
dures set forth in section 106(f), 305(g), or 405(f) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) shall be the exclusive means by which materials governed 
by those sections may be reviewed. 
‘‘(5) An amount equal to any award against the United 
States under this section shall be reimbursed by the depart-
ment or agency concerned to the fund described in section 1304 
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of title 31, United States Code, out of any appropriation, fund, 
or other account (excluding any part of such appropriation, 
fund, or account that is available for the enforcement of any 
Federal law) that is available for the operating expenses of the 
department or agency concerned. 
‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a court or appro-
priate department or agency determines that the United States 
or any of its departments or agencies has violated any provision 
of this chapter, and the court or appropriate department or 
agency finds that the circumstances surrounding the violation 
raise serious questions about whether or not an officer or em-
ployee of the United States acted willfully or intentionally with 
respect to the violation, the department or agency shall, upon 
receipt of a true and correct copy of the decision and findings 
of the court or appropriate department or agency promptly ini-
tiate a proceeding to determine whether disciplinary action 
against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary ac-
tion is not warranted, he or she shall notify the Inspector Gen-
eral with jurisdiction over the department or agency concerned 
and shall provide the Inspector General with the reasons for 
such determination. 
‘‘(d) EXCLUSIVE REMEDY.—Any action against the United 
States under this subsection shall be the exclusive remedy 
against the United States for any claims within the purview of 
this section. 
‘‘(e) STAY OF PROCEEDINGS.—(1) Upon the motion of the 
United States, the court shall stay any action commenced 
under this section if the court determines that civil discovery 
will adversely affect the ability of the Government to conduct 
a related investigation or the prosecution of a related criminal 
case. Such a stay shall toll the limitations periods of paragraph 
(2) of subsection (b). 
‘‘(2) In this subsection, the terms ‘related criminal case’ and 
‘related investigation’ mean an actual prosecution or investiga-
tion in progress at the time at which the request for the stay 
or any subsequent motion to lift the stay is made. In deter-
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mining whether an investigation or a criminal case is related 
to an action commenced under this section, the court shall con-
sider the degree of similarity between the parties, witnesses, 
facts, and circumstances involved in the 2 proceedings, without 
requiring that any one or more factors be identical. 
‘‘(3) In requesting a stay under paragraph (1), the Govern-
ment may, in appropriate cases, submit evidence ex parte in 
order to avoid disclosing any matter that may adversely affect 
a related investigation or a related criminal case. If the Govern-
ment makes such an ex parte submission, the plaintiff shall be 
given an opportunity to make a submission to the court, not 
ex parte, and the court may, in its discretion, request further 
information from either party. 
‘‘SUBCHAPTER D—PROHIBITION ON RELEASE AND 
USE OF CERTAIN PERSONAL INFORMATION FROM 
STATE MOTOR VEHICLE RECORDS 
‘‘Sec. 
‘‘1541.
Prohibition on release and use of certain personal information 
from State motor vehicle records. 
‘‘1542.
Additional unlawful acts. 
‘‘1543.
Penalties. 
‘‘1544.
Civil action. 
‘‘1545.
Definitions. 
‘‘§ 1541. Prohibition on release and use of certain 
personal information from State motor ve-
hicle records 
‘‘(a) IN GENERAL.—A State department of motor vehicles, 
and any officer, employee, or contractor thereof, shall not 
knowingly disclose or otherwise make available to any person 
or entity— 
‘‘(1) personal information about any individual obtained 
by the department in connection with a motor vehicle 
record, except as provided in subsection (b) of this section; 
or 
‘‘(2) highly restricted personal information about any in-
dividual obtained by the department in connection with a 
motor vehicle record, without the express consent of the 
person to whom such information applies, except uses per-
mitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9), but 
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this paragraph does not in any way affect the use of organ 
donation information on an individual’s driver’s license or 
affect the administration of organ donation initiatives in 
the States. 
‘‘(b) PERMISSIBLE USES.—Personal information referred to 
in subsection (a) shall be disclosed for use in connection with 
matters of motor vehicle or driver safety and theft, motor vehi-
cle emissions, motor vehicle product alterations, recalls, or 
advisories, performance monitoring of motor vehicles and deal-
ers by motor vehicle manufacturers, and removal of non-owner 
records from the original owner records of motor vehicle manu-
facturers to carry out the purposes of titles I and IV of the 
Anti Car Theft Act of 1992, the Automobile Information Dis-
closure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 
U.S.C. 7401 et seq.), and chapters 301, 305, and 321–331 of 
title 49, and, subject to subsection (a)(2), may be disclosed as 
follows: 
‘‘(1) For use by any government agency, including any 
court or law enforcement agency, in carrying out its func-
tions, or any private person or entity acting on behalf of 
a Federal, State, or local agency in carrying out its func-
tions. 
‘‘(2) For use in connection with matters of motor vehicle 
or driver safety and theft; motor vehicle emissions; motor 
vehicle product alterations, recalls, or advisories; perform-
ance monitoring of motor vehicles, motor vehicle parts and 
dealers; motor vehicle market research activities, including 
survey research; and removal of non-owner records from 
the original owner records of motor vehicle manufacturers. 
‘‘(3) For use in the normal course of business by a legiti-
mate business or its agents, employees, or contractors, but 
only— 
‘‘(A) to verify the accuracy of personal information 
submitted by the individual to the business or its 
agents, employees, or contractors; and 
‘‘(B) if such information as so submitted is not cor-
rect or is no longer correct, to obtain the correct infor-
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mation, but only for the purposes of preventing fraud 
by, pursuing legal remedies against, or recovering on a 
debt or security interest against, the individual. 
‘‘(4) For use in connection with any civil, criminal, ad-
ministrative, or arbitral proceeding in any Federal, State, 
or local court or agency or before any self-regulatory body, 
including the service of process, investigation in anticipa-
tion of litigation, and the execution or enforcement of judg-
ments and orders, or pursuant to an order of a Federal, 
State, or local court. 
‘‘(5) For use in research activities, and for use in pro-
ducing statistical reports, so long as the personal informa-
tion is not published, redisclosed, or used to contact indi-
viduals. 
‘‘(6) For use by any insurer or insurance support organi-
zation, or by a self-insured entity, or its agents, employees, 
or contractors, in connection with claims investigation ac-
tivities, antifraud activities, rating or underwriting. 
‘‘(7) For use in providing notice to the owners of towed 
or impounded vehicles. 
‘‘(8) For use by any licensed private investigative agency 
or licensed security service for any purpose permitted under 
this subsection. 
‘‘(9) For use by an employer or its agent or insurer to 
obtain or verify information relating to a holder of a com-
mercial driver’s license that is required under chapter 313 
of title 49. 
‘‘(10) For use in connection with the operation of private 
toll transportation facilities. 
‘‘(11) For any other use in response to requests for indi-
vidual motor vehicle records if the State has obtained the 
express consent of the person to whom such personal infor-
mation pertains. 
‘‘(12) For bulk distribution for surveys, marketing or so-
licitations if the State has obtained the express consent of 
the person to whom such personal information pertains. 
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‘‘(13) For use by any requester, if the requester dem-
onstrates it has obtained the written consent of the indi-
vidual to whom the information pertains. 
‘‘(14) For any other use specifically authorized under the 
law of the State that holds the record, if such use is related 
to the operation of a motor vehicle or public safety. 
‘‘(c) RESALE OR REDISCLOSURE.—An authorized recipient 
of personal information (except a recipient under subsection 
(b)(11) or (12)) may resell or redisclose the information only 
for a use permitted under subsection (b) (but not for uses 
under subsection (b)(11) or (12)). An authorized recipient 
under subsection (b)(11) may resell or redisclose personal in-
formation for any purpose. An authorized recipient under sub-
section (b)(12) may resell or redisclose personal information 
pursuant to subsection (b)(12). Any authorized recipient (ex-
cept a recipient under subsection (b)(11)) that resells or redis-
closes personal information covered by this chapter must keep 
for a period of 5 years records identifying each person or entity 
that receives information and the permitted purpose for which 
the information will be used and must make such records avail-
able to the motor vehicle department upon request. 
‘‘(d) WAIVER PROCEDURES.—A State motor vehicle depart-
ment may establish and carry out procedures under which the 
department or its agents, upon receiving a request for personal 
information that does not fall within one of the exceptions in 
subsection (b), may mail a copy of the request to the individual 
about whom the information was requested, informing such in-
dividual of the request, together with a statement to the effect 
that the information will not be released unless the individual 
waives such individual’s right to privacy under this section. 
‘‘(e) PROHIBITION ON CONDITIONS.—No State may condi-
tion or burden in any way the issuance of an individual’s motor 
vehicle record to obtain express consent. Nothing in this para-
graph shall be construed to prohibit a State from charging an 
administrative fee for issuance of a motor vehicle record. 
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‘‘§ 1542. Additional unlawful acts 
‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall be 
unlawful for any person knowingly to obtain or disclose per-
sonal information, from a motor vehicle record, for any use not 
permitted under section 1541(b) of this title. 
‘‘(b) FALSE REPRESENTATION.—It shall be unlawful for any 
person to make false representation to obtain any personal in-
formation from an individual’s motor vehicle record. 
‘‘§ 1543. Penalties 
‘‘(a) CRIMINAL FINE.—A person who knowingly violates this 
chapter shall be fined under this title. 
‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHI-
CLES.—Any State department of motor vehicles that has a pol-
icy or practice of substantial noncompliance with this chapter 
shall be subject to a civil penalty imposed by the Attorney Gen-
eral of not more than $5,000 a day for each day of substantial 
noncompliance. 
‘‘§ 1544. Civil action 
‘‘(a) CAUSE OF ACTION.—A person who knowingly obtains, 
discloses or uses personal information, from a motor vehicle 
record, for a purpose not permitted under this chapter shall be 
liable to the individual to whom the information pertains, who 
may bring a civil action in a United States district court. 
‘‘(b) REMEDIES.—The court may award— 
‘‘(1) actual damages, but not less than liquidated dam-
ages in the amount of $2,500; 
‘‘(2) punitive damages upon proof of willful or reckless 
disregard of the law; 
‘‘(3) reasonable attorneys’ fees and other litigation costs 
reasonably incurred; and 
‘‘(4) such other preliminary and equitable relief as the 
court determines to be appropriate. 
‘‘§ 1545. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘motor vehicle record’ means any record 
that pertains to a motor vehicle operator’s permit, motor 
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vehicle title, motor vehicle registration, or identification 
card issued by a department of motor vehicles; 
‘‘(2) the term ‘personal information’ means information 
that identifies an individual, including an individual’s pho-
tograph, social security number, driver identification num-
ber, name, address (but not the 5-digit zip code), telephone 
number, and medical or disability information, but does not 
include information on vehicular accidents, driving viola-
tions, and driver’s status; 
‘‘(3) the term ‘highly restricted personal information’ 
means an individual’s photograph or image, social security 
number, medical or disability information; and 
‘‘(4) the term ‘express consent’ means consent in writing, 
including consent conveyed electronically that bears an elec-
tronic signature as defined in section 106(5) of Public Law 
106–229. 
‘‘SUBCHAPTER E—IDENTITY THEFT 
‘‘Sec. 
‘‘1551.
Obtaining information under false pretenses. 
‘‘1552.
Unauthorized disclosures by officers or employees. 
‘‘1553.
Definitions for subchapter. 
‘‘§ 1551. Obtaining information under false pre-
tenses 
‘‘Whoever knowingly obtains information on a consumer 
from a consumer reporting agency under false pretenses shall 
be imprisoned for not more than 2 years. 
‘‘§ 1552. Unauthorized disclosures by officers or 
employees 
‘‘Any officer or employee of a consumer reporting agency 
who knowingly provides information concerning an individual 
from the agency’s files to a person not authorized to receive 
that information shall be imprisoned for not more than 2 years. 
‘‘§ 1553. Definitions for subchapter 
‘‘A term defined in the Fair Credit Reporting Act shall have 
the same meaning when used in the subchapter. 
‘‘CHAPTER 50—FORFEITURE 
‘‘Subchapter 
Sec. 
‘‘A. Property subject to forfeiture ........................................
2501 
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‘‘B. Civil forfeiture ......................................................................
2551 
‘‘C. Criminal forfeiture .............................................................
2561 
‘‘SUBCHAPTER A—PROPERTY SUBJECT TO FORFEITURE 
‘‘Sec. 
‘‘2501. Forfeitable property. 
‘‘§ 2501. Forfeitable property 
‘‘(a) DEFINITIONS.—As used in this chapter— 
‘‘(1) the term ‘forfeitable property’ means any property, real 
or personal, tangible or intangible, that is— 
‘‘(A) used or intended to be used to commit or facili-
tate the offense; 
‘‘(B) constituting, derived from, or traceable to pro-
ceeds of the offense; or 
‘‘(C) substitute assets for property described in sub-
paragraph (1) or (B); and 
‘‘(2) the term ‘proceeds’ means all property obtained di-
rectly or indirectly from the offense. 
‘‘(b) SPECIAL RULE FOR TERRORIST OFFENSES.—In the 
case of an act of domestic or international terrorism, as defined 
in section 283, there shall be deemed to be involved in the of-
fense all assets, foreign and domestic— 
‘‘(A) of any individual, entity, or organization en-
gaged in planning or perpetrating the act, and all as-
sets, foreign or domestic, affording any person a source 
of influence over any such entity or organization; 
‘‘(B) acquired or maintained by any person with the 
intent and for the purpose of supporting, planning, 
conducting, or concealing the act; or 
‘‘(C) derived from, involved in, or used or intended 
to be used to commit the act of domestic or inter-
national terrorism. 
‘‘SUBCHAPTER B—CIVIL FORFEITURE 
‘‘Sec. 
‘‘2551. Offenses giving rise to civil forfeiture. 
‘‘2552. Procedure generally. 
‘‘2553. General rules for civil forfeiture proceedings. 
‘‘2554. Civil forfeiture of fungible property. 
‘‘2555. Civil forfeiture of real property. 
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‘‘2556. Subpoenas for bank records. 
‘‘2557. Anti-terrorist forfeiture protection. 
‘‘§ 2551. Offenses giving rise to civil forfeiture 
‘‘(a) CRIMINALLY
RELATED
PROPERTY
SUBJECT
TO
FOR-
FEITURE.—All right, title, and interest in forfeitable property 
relating to an offense described in subsection (b) shall vest in 
the United States upon commission of that offense. 
‘‘(b) OFFENSES GIVING RISE TO CIVIL FORFEITURE.—The 
following offenses give rise to civil forfeiture under this section: 
‘‘(1) A violation of section 612, 614, 692-695, 697-702, 
712, 773-775, 779, 783, 786, 787, 789, 804, 862-865, or 
1003 or any offense constituting ‘specified unlawful activ-
ity’ (as defined in section 1451). 
‘‘(2) An offense against a foreign nation, or any property 
used to facilitate such an offense, if the offense— 
‘‘(A) involves the manufacture, importation, sale, or 
distribution of a controlled substance (as that term is 
defined for purposes of the controlled substances act), 
or any other conduct described in section 1451; 
‘‘(B) would be punishable within the jurisdiction of 
the foreign nation by death or imprisonment for a term 
exceeding one year; and 
‘‘(C) would be punishable under the laws of the 
United States by imprisonment for a term exceeding 
one year, if the conduct constituting the offense had oc-
curred within the jurisdiction of the United States. 
‘‘(3) A violation of— 
‘‘(A) section 654 (relating to Federal program 
fraud); 
‘‘(B) section 772 (relating to fraud and false state-
ments); 
‘‘(C) section 788 (relating to major fraud against the 
United States); 
‘‘(D) section 789 (relating to concealment of assets 
from conservator or receiver of insured financial insti-
tution); 
‘‘(E) section 801 (relating to mail fraud); or 
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‘‘(F) section 803 (relating to wire fraud), 
if such violation relates to the sale of assets acquired or 
held by the Resolution Trust Corporation, the Federal De-
posit Insurance Corporation, as conservator or receiver for 
a financial institution, or any other conservator for a finan-
cial institution appointed by the Office of the Comptroller 
of the Currency or the Office of Thrift Supervision or the 
National Credit Union Administration, as conservator or 
liquidating agent for a financial institution. 
‘‘(4) A violation of— 
‘‘(A) section 718 (altering or removing motor vehicle 
identification numbers); 
‘‘(B) section 866 (importing or exporting stolen 
motor vehicles); 
‘‘(C) section 671 (transporting stolen motor vehicles 
in interstate commerce); or 
‘‘(D) section 672 (possessing or selling a stolen 
motor vehicle that has moved in interstate commerce). 
‘‘(5) Any act of domestic or international terrorism (as 
defined in section 283) against the United States, citizens 
or residents of the United States, or their property, against 
any international organization as defined in the State De-
partment Basic Authorites Act of 1956, or against any for-
eign government. 
‘‘(6) A violation, of section 280. 
‘‘(c) APPLICATION TO OTHER CIVIL FORFEITURES.—Unless 
otherwise specified, whenever a law of the United States pro-
vides for civil forfeiture, this subchapter shall apply to that for-
feiture. 
‘‘§ 2552. Procedure generally 
‘‘(a) SEIZURE AND PRELIMINARY MATTERS.— 
‘‘(1) Except as provided in section 2555, any property 
subject to forfeiture to the United States under section 
2551 may be seized by the Attorney General and, in the 
case of property involved in a violation investigated by the 
Secretary of the Treasury or the United States Postal 
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Service, the property may also be seized by the Secretary 
of the Treasury or the Postal Service, respectively. 
‘‘(2) Seizures under this section shall be made pursuant 
to a warrant obtained in the same manner as provided for 
a search warrant under the Federal Rules of Criminal Pro-
cedure, except that a seizure may be made without a war-
rant if— 
‘‘(A) a complaint for forfeiture has been filed in the 
United States district court and the court issued an arrest 
warrant in rem pursuant to the Supplemental Rules for 
Certain Admiralty and Maritime Claims; 
‘‘(B) there is probable cause to believe that the property 
is subject to forfeiture and— 
‘‘(i) the seizure is made pursuant to a lawful arrest 
or search; or 
‘‘(ii) another exception to the Fourth Amendment 
warrant requirement would apply; or 
‘‘(C) the property was lawfully seized by a State or local 
law enforcement agency and transferred to a Federal agen-
cy. 
‘‘(3) Notwithstanding rule 41(a) of the Federal Rules of 
Criminal Procedure, a seizure warrant may be issued pur-
suant to this subsection by a judicial officer in any district 
in which a forfeiture action against the property may be 
filed under section 1355(b) of title 28, and may be exe-
cuted in any district in which the property is found, or 
transmitted to the central authority of any foreign state for 
service in accordance with any treaty or other international 
agreement. Any motion for the return of property seized 
under this section shall be filed in the district court in 
which the seizure warrant was issued or in the district 
court for the district in which the property was seized. 
‘‘(4)(A) If any person is arrested or charged in a foreign 
country in connection with an offense that would give rise 
to the forfeiture of property in the United States under this 
section or under the Controlled Substances Act, the Attor-
ney General may apply to any Federal judge or magistrate 
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judge in the district in which the property is located for an 
ex parte order restraining the property subject to forfeiture 
for not more than 30 days, except that the time may be 
extended for good cause shown at a hearing conducted in 
the manner provided in rule 43(e) of the Federal Rules of 
Civil Procedure. 
‘‘(B) The application for the restraining order shall set 
forth the nature and circumstances of the foreign charges 
and the basis for belief that the person arrested or charged 
has property in the United States that would be subject to 
forfeiture, and shall contain a statement that the restrain-
ing order is needed to preserve the availability of property 
for such time as is necessary to receive evidence from the 
foreign country or elsewhere in support of probable cause 
for the seizure of the property under this subsection. 
‘‘(b) SECURING OF PROPERTY.—Property taken or detained 
under this section shall not be repleviable, but shall be deemed 
to be in the custody of the Attorney General, the Secretary of 
the Treasury, or the Postal Service, as the case may be, subject 
only to the orders and decrees of the court or the official hav-
ing jurisdiction thereof. Whenever property is seized under this 
subsection, the Attorney General, the Secretary of the Treas-
ury, or the Postal Service, as the case may be, may— 
‘‘(1) place the property under seal; 
‘‘(2) remove the property to a place designated by him; 
or 
‘‘(3) require that the General Services Administration 
take custody of the property and remove it, if practicable, 
to an appropriate location for disposition in accordance 
with law. 
‘‘(c) APPLICATION
OF CUSTOMS LAWS.—For purposes of 
this section, the provisions of the customs laws relating to the 
seizure, summary and judicial forfeiture, condemnation of prop-
erty for violation of the customs laws, the disposition of such 
property or the proceeds from the sale of such property under 
this section, the remission or mitigation of such forfeitures, and 
the compromise of claims (19 U.S.C. 1602 et seq.), insofar as 
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they are applicable and not inconsistent with the provisions of 
this section, shall apply to seizures and forfeitures incurred, or 
alleged to have been incurred, under this section, except that 
such duties as are imposed upon the customs officer or any 
other person with respect to the seizure and forfeiture of prop-
erty under the customs laws shall be performed with respect to 
seizures and forfeitures of property under this section by such 
officers, agents, or other persons as may be authorized or des-
ignated for that purpose by the Attorney General, the Secretary 
of the Treasury, or the Postal Service, as the case may be. The 
Attorney General shall have sole responsibility for disposing of 
petitions for remission or mitigation with respect to property 
involved in a judicial forfeiture proceeding. 
‘‘(d) RETENTION
OR TRANSFER
OF FORFEITED PROP-
ERTY.—Notwithstanding any other provision of the law, except 
section 3 of the Anti Drug Abuse Act of 1986, the Attorney 
General, the Secretary of the Treasury, or the Postal Service, 
as the case may be, is authorized to retain property forfeited 
pursuant to this section, or to transfer such property on such 
terms and conditions as the Attorney General may determine— 
‘‘(1) to any other Federal agency; 
‘‘(2) to any State or local law enforcement agency which 
participated directly in any of the acts which led to the sei-
zure or forfeiture of the property; 
‘‘(3) in the case of property referred to in subsection 
(a)(1)(C), to any Federal financial institution regulatory 
agency— 
‘‘(A) to reimburse the agency for payments to claim-
ants or creditors of the institution; and 
‘‘(B) to reimburse the insurance fund of the agency 
for losses suffered by the fund as a result of the receiv-
ership or liquidation; 
‘‘(4) in the case of property referred to in subsection 
(a)(1)(C), upon the order of the appropriate Federal finan-
cial institution regulatory agency, to the financial institu-
tion as restitution, with the value of the property so trans-
ferred to be set off against any amount later recovered by 
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the financial institution as compensatory damages in any 
State or Federal proceeding; 
‘‘(5) in the case of property referred to in subsection 
(a)(1)(C), to any Federal financial institution regulatory 
agency, to the extent of the agency’s contribution of re-
sources to, or expenses involved in, the seizure and for-
feiture, and the investigation leading directly to the seizure 
and forfeiture, of such property; 
‘‘(6) as restoration to any victim of the offense giving 
rise to the forfeiture, including, in the case of a money 
laundering offense, any offense constituting the underlying 
specified unlawful activity; or 
‘‘(7) In the case of property referred to in subsection 
(a)(1)(D), to the Resolution Trust Corporation, the Federal 
Deposit Insurance Corporation, or any other Federal finan-
cial institution regulatory agency (as defined in section 
8(e)(7)(D) of the Federal Deposit Insurance Act). 
The Attorney General, the Secretary of the Treasury, or the 
Postal Service, as the case may be, shall ensure the equitable 
transfer pursuant to paragraph (2) of any forfeited property to 
the appropriate State or local law enforcement agency so as to 
reflect generally the contribution of any such agency partici-
pating directly in any of the acts which led to the seizure or 
forfeiture of such property. A decision by the Attorney General, 
the Secretary of the Treasury, or the Postal Service pursuant 
to paragraph (2) shall not be subject to review. The United 
States shall not be liable in any action arising out of the use 
of any property the custody of which was transferred pursuant 
to this section to any non-Federal agency. The Attorney Gen-
eral, the Secretary of the Treasury, or the Postal Service may 
order the discontinuance of any forfeiture proceedings under 
this section in favor of the institution of forfeiture proceedings 
by State or local authorities under an appropriate State or local 
statute. After the filing of a complaint for forfeiture under this 
section, the Attorney General may seek dismissal of the com-
plaint in favor of forfeiture proceedings under State or local 
law. Whenever forfeiture proceedings are discontinued by the 
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United States in favor of State or local proceedings, the United 
States may transfer custody and possession of the seized prop-
erty to the appropriate State or local official immediately upon 
the initiation of the proper actions by such officials. Whenever 
forfeiture proceedings are discontinued by the United States in 
favor of State or local proceedings, notice shall be sent to all 
known interested parties advising them of the discontinuance or 
dismissal. The United States shall not be liable in any action 
arising out of the seizure, detention, and transfer of seized 
property to State or local officials. The United States shall not 
be liable in any action arising out of a transfer under para-
graph (3), (4), or (5) of this subsection. 
‘‘(e) STAYS.— 
‘‘(1) Upon the motion of the United States, the court 
shall stay the civil forfeiture proceeding if the court deter-
mines that civil discovery will adversely affect the ability of 
the Government to conduct a related criminal investigation 
or the prosecution of a related criminal case. 
‘‘(2) Upon the motion of a claimant, the court shall stay 
the civil forfeiture proceeding with respect to that claimant 
if the court determines that— 
‘‘(A) the claimant is the subject of a related criminal 
investigation or case; 
‘‘(B) the claimant has standing to assert a claim in 
the civil forfeiture proceeding; and 
‘‘(C) continuation of the forfeiture proceeding will 
burden the right of the claimant against self-incrimina-
tion in the related investigation or case. 
‘‘(3) With respect to the impact of civil discovery de-
scribed in paragraphs (1) and (2), the court may determine 
that a stay is unnecessary if a protective order limiting dis-
covery would protect the interest of one party without un-
fairly limiting the ability of the opposing party to pursue 
the civil case. In no case, however, shall the court impose 
a protective order as an alternative to a stay if the effect 
of such protective order would be to allow one party to pur-
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sue discovery while the other party is substantially unable 
to do so. 
‘‘(4) In this subsection, the terms ‘related criminal case’ 
and ‘related criminal investigation’ mean an actual prosecu-
tion or investigation in progress at the time at which the 
request for the stay, or any subsequent motion to lift the 
stay is made. In determining whether a criminal case or in-
vestigation is ‘related’ to a civil forfeiture proceeding, the 
court shall consider the degree of similarity between the 
parties, witnesses, facts, and circumstances involved in the 
two proceedings, without requiring an identity with respect 
to any one or more factors. 
‘‘(5) In requesting a stay under paragraph (1), the Gov-
ernment may, in appropriate cases, submit evidence ex 
parte in order to avoid disclosing any matter that may ad-
versely affect an ongoing criminal investigation or pending 
criminal trial. 
‘‘(6) Whenever a civil forfeiture proceeding is stayed pur-
suant to this subsection, the court shall enter any order 
necessary to preserve the value of the property or to protect 
the rights of lienholders or other persons with an interest 
in the property while the stay is in effect. 
‘‘(7) A determination by the court that the claimant has 
standing to request a stay pursuant to paragraph (2) shall 
apply only to this subsection and shall not preclude the 
Government from objecting to the standing of the claimant 
by dispositive motion or at the time of trial. 
‘‘(f) VENUE.—In addition to the venue provided for in sec-
tion 1395 of title 28 or any other provision of law, in the case 
of property of a defendant charged with a violation that is the 
basis for forfeiture of the property under this section, a pro-
ceeding for forfeiture under this section may be brought in the 
judicial district in which the defendant owning such property 
is found or in the judicial district in which the criminal pros-
ecution is brought. 
‘‘(g) DISPOSITION.— 
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‘‘(1) Whenever property is civilly or criminally forfeited 
under this subchapter, the Attorney General or the Sec-
retary of the Treasury, as the case may be, may transfer 
the forfeited personal property or the proceeds of the sale 
of any forfeited personal or real property to any foreign 
country which participated directly or indirectly in the sei-
zure or forfeiture of the property, if such a transfer— 
‘‘(A) has been agreed to by the Secretary of State; 
‘‘(B) is authorized in an international agreement be-
tween the United States and the foreign country; and 
‘‘(C) is made to a country which, if applicable, has 
been certified under section 481(h) of the Foreign As-
sistance Act of 1961. 
A decision by the Attorney General or the Secretary of the 
Treasury pursuant to this paragraph shall not be subject 
to review. The foreign country shall, in the event of a 
transfer of property or proceeds of sale of property under 
this subsection, bear all expenses incurred by the United 
States in the seizure, maintenance, inventory, storage, for-
feiture, and disposition of the property, and all transfer 
costs. The payment of all such expenses, and the transfer 
of assets pursuant to this paragraph, shall be upon such 
terms and conditions as the Attorney General or the Sec-
retary of the Treasury may, in his discretion, set. 
‘‘(2) This section does not limit or supersede any other 
authority of the United States to provide assistance to a 
foreign country in obtaining property related to a crime 
committed in the foreign country, including property which 
is sought as evidence of a crime committed in the foreign 
country. 
‘‘(3) A certified order or judgment of forfeiture by a 
court of competent jurisdiction of a foreign country con-
cerning property which is the subject of forfeiture under 
this section and was determined by such court to be the 
type of property described in subsection (a)(1)(B) of this 
section, and any certified recordings or transcripts of testi-
mony taken in a foreign judicial proceeding concerning 
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such order or judgment of forfeiture, shall be admissible in 
evidence in a proceeding brought pursuant to this section. 
Such certified order or judgment of forfeiture, when admit-
ted into evidence, shall constitute probable cause that the 
property forfeited by such order or judgment of forfeiture 
is subject to forfeiture under this section and creates a re-
buttable presumption of the forfeitability of such property 
under this section. 
‘‘(4) A certified order or judgment of conviction by a 
court of competent jurisdiction of a foreign country con-
cerning an unlawful drug activity which gives rise to for-
feiture under this section and any certified recordings or 
transcripts of testimony taken in a foreign judicial pro-
ceeding concerning such order or judgment of conviction 
shall be admissible in evidence in a proceeding brought pur-
suant to this section. Such certified order or judgment of 
conviction, when admitted into evidence, creates a rebut-
table presumption that the unlawful drug activity giving 
rise to forfeiture under this section has occurred. 
‘‘(5) Paragraphs (3) and (4) do not limit the admissi-
bility of any evidence otherwise admissible, or the ability of 
the United States to establish probable cause that property 
is subject to forfeiture by any evidence otherwise admis-
sible. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Attorney General’ means the Attorney 
General or his delegate; and 
‘‘(2) the term ‘Secretary of the Treasury’ means the Sec-
retary of the Treasury or his delegate. 
‘‘(i) INTERBANK ACCOUNTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—For the purpose of a forfeiture 
under this section or under the Controlled Substances 
Act (21 U.S.C. 801 et seq.), if funds are deposited into 
an account at a foreign financial institution, and that 
foreign financial institution has an interbank account 
in the United States with a covered financial institution 
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(as defined in section 5318(j)(1) of title 31), the funds 
shall be deemed to have been deposited into the inter-
bank account in the United States, and any restraining 
order, seizure warrant, or arrest warrant in rem re-
garding the funds may be served on the covered finan-
cial institution, and funds in the interbank account, up 
to the value of the funds deposited into the account at 
the foreign financial institution, may be restrained, 
seized, or arrested. 
‘‘(B) AUTHORITY TO SUSPEND.—The Attorney Gen-
eral, in consultation with the Secretary of the Treas-
ury, may suspend or terminate a forfeiture under this 
section if the Attorney General determines that a con-
flict of law exists between the laws of the jurisdiction 
in which the foreign financial institution is located and 
the laws of the United States with respect to liabilities 
arising from the restraint, seizure, or arrest of such 
funds, and that such suspension or termination would 
be in the interest of justice and would not harm the na-
tional interests of the United States. 
‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO TRACE 
FUNDS.—If a forfeiture action is brought against funds 
that are restrained, seized, or arrested under paragraph 
(1), it shall not be necessary for the Government to estab-
lish that the funds are directly traceable to the funds that 
were deposited into the foreign financial institution, nor 
shall it be necessary for the Government to rely on the ap-
plication of section 2554. 
‘‘(3) CLAIMS BROUGHT BY OWNER OF THE FUNDS.—If 
a forfeiture action is instituted against funds restrained, 
seized, or arrested under paragraph (1), the owner of the 
funds deposited into the account at the foreign financial in-
stitution may contest the forfeiture by filing a claim under 
section 2553. 
‘‘(4) DEFINITIONS.—For purposes of this subsection, the 
following definitions shall apply: 
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‘‘(A) INTERBANK
ACCOUNT.—The term ‘interbank 
account’ has the same meaning as in section 
2554(c)(2)(B). 
‘‘(B) OWNER.— 
‘‘(i) IN GENERAL.—Except as provided in clause 
(ii), the term ‘owner’— 
‘‘(I) means the person who was the owner, as 
that term is defined in section 2553(d)(6), of 
the funds that were deposited into the foreign 
financial institution at the time such funds 
were deposited; and 
‘‘(II) does not include either the foreign fi-
nancial institution or any financial institution 
acting as an intermediary in the transfer of the 
funds into the interbank account. 
‘‘(ii) EXCEPTION.—The foreign financial institu-
tion may be considered the ‘owner’ of the funds 
(and no other person shall qualify as the owner of 
such funds) only if— 
‘‘(I) the basis for the forfeiture action is 
wrongdoing committed by the foreign financial 
institution; or 
‘‘(II) the foreign financial institution estab-
lishes, by a preponderance of the evidence, that 
prior to the restraint, seizure, or arrest of the 
funds, the foreign financial institution had dis-
charged all or part of its obligation to the prior 
owner of the funds, in which case the foreign 
financial institution shall be deemed the owner 
of the funds to the extent of such discharged 
obligation. 
‘‘(C) FOREIGN FINANCIAL INSTITUTION.—The term 
‘foreign financial institution’ includes a foreign bank as 
defined in section 1(b)(7) of the International Banking 
Act of 1978. 
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‘‘§ 2553. General rules for civil forfeiture pro-
ceedings 
‘‘(a) NOTICE; CLAIM; COMPLAINT.— 
‘‘(1)(A)(i) Except as provided in clauses (ii) through (v), 
in any nonjudicial civil forfeiture proceeding under a civil 
forfeiture statute, with respect to which the Government is 
required to send written notice to interested parties, such 
notice shall be sent in a manner to achieve proper notice 
as soon as practicable, and in no case more than 60 days 
after the date of the seizure. 
‘‘(ii) No notice is required if, before the 60-day period 
expires, the Government files a civil judicial forfeiture ac-
tion against the property and provides notice of that action 
as required by law. 
‘‘(iii) If, before the 60-day period expires, the Govern-
ment does not file a civil judicial forfeiture action, but does 
obtain a criminal indictment containing an allegation that 
the property is subject to forfeiture, the Government shall 
either— 
‘‘(I) send notice within the 60 days and continue the 
nonjudicial civil forfeiture proceeding under this sec-
tion; or 
‘‘(II) terminate the nonjudicial civil forfeiture pro-
ceeding, and take the steps necessary to preserve its 
right to maintain custody of the property as provided 
in the applicable criminal forfeiture statute. 
‘‘(iv) In a case in which the property is seized by a State 
or local law enforcement agency and turned over to a Fed-
eral law enforcement agency for the purpose of forfeiture 
under Federal law, notice shall be sent not more than 90 
days after the date of seizure by the State or local law en-
forcement agency. 
‘‘(v) If the identity or interest of a party is not deter-
mined until after the seizure or turnover but is determined 
before a declaration of forfeiture is entered, notice shall be 
sent to such interested party not later than 60 days after 
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the determination by the Government of the identity of the 
party or the party’s interest. 
‘‘(B) A supervisory official in the headquarters office of 
the seizing agency may extend the period for sending notice 
under subparagraph (A) for a period not to exceed 30 days 
(which period may not be further extended except by a 
court), if the official determines that the conditions in sub-
paragraph (D) are present. 
‘‘(C) Upon motion by the Government, a court may ex-
tend the period for sending notice under subparagraph (A) 
for a period not to exceed 60 days, which period may be 
further extended by the court for 60-day periods, as nec-
essary, if the court determines, based on a written certifi-
cation of a supervisory official in the headquarters office of 
the seizing agency, that the conditions in subparagraph (D) 
are present. 
‘‘(D) The period for sending notice under this paragraph 
may be extended only if there is reason to believe that no-
tice may have an adverse result, including— 
‘‘(i) endangering the life or physical safety of an in-
dividual; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with evidence; 
‘‘(iv) intimidation of potential witnesses; or 
‘‘(v) otherwise seriously jeopardizing an investigation 
or unduly delaying a trial. 
‘‘(E) Each of the Federal seizing agencies conducting 
nonjudicial forfeitures under this section shall report peri-
odically to the Committees on the Judiciary of the House 
of Representatives and the Senate the number of occasions 
when an extension of time is granted under subparagraph 
(B). 
‘‘(F) If the Government does not send notice of a seizure 
of property in accordance with subparagraph (A) to the 
person from whom the property was seized, and no exten-
sion of time is granted, the Government shall return the 
property to that person without prejudice to the right of 
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the Government to commence a forfeiture proceeding at a 
later time. The Government shall not be required to return 
contraband or other property that the person from whom 
the property was seized may not legally possess. 
‘‘(2)(A) Any person claiming property seized in a non-
judicial civil forfeiture proceeding under a civil forfeiture 
statute may file a claim with the appropriate official after 
the seizure. 
‘‘(B) A claim under subparagraph (A) may be filed not 
later than the deadline set forth in a personal notice letter 
(which deadline may be not earlier than 35 days after the 
date the letter is mailed), except that if that letter is not 
received, then a claim may be filed not later than 30 days 
after the date of final publication of notice of seizure. 
‘‘(C) A claim shall— 
‘‘(i) identify the specific property being claimed; 
‘‘(ii) state the claimant’s interest in such property; 
and 
‘‘(iii) be made under oath, subject to penalty of per-
jury. 
‘‘(D) A claim need not be made in any particular form. 
Each Federal agency conducting nonjudicial forfeitures 
under this section shall make claim forms generally avail-
able on request, which forms shall be written in easily un-
derstandable language. 
‘‘(E) Any person may make a claim under subparagraph 
(A) without posting bond with respect to the property 
which is the subject of the claim. 
‘‘(3)(A) Not later than 90 days after a claim has been 
filed, the Government shall file a complaint for forfeiture 
in the manner set forth in the Supplemental Rules for Cer-
tain Admiralty and Maritime Claims or return the property 
pending the filing of a complaint, except that a court in the 
district in which the complaint will be filed may extend the 
period for filing a complaint for good cause shown or upon 
agreement of the parties. 
‘‘(B) If the Government does not— 
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‘‘(i) file a complaint for forfeiture or return the prop-
erty, in accordance with subparagraph (A); or 
‘‘(ii) before the time for filing a complaint has ex-
pired— 
‘‘(I) obtain a criminal indictment containing an 
allegation that the property is subject to forfeiture; 
and 
‘‘(II) take the steps necessary to preserve its 
right to maintain custody of the property as pro-
vided in the applicable criminal forfeiture statute, 
the Government shall promptly release the property pursu-
ant to regulations promulgated by the Attorney General, 
and may not take any further action to effect the civil for-
feiture of such property in connection with the underlying 
offense. 
‘‘(C) In lieu of, or in addition to, filing a civil forfeiture 
complaint, the Government may include a forfeiture allega-
tion in a criminal indictment. If criminal forfeiture is the 
only forfeiture proceeding commenced by the Government, 
the Government’s right to continued possession of the prop-
erty shall be governed by the applicable criminal forfeiture 
statute. 
‘‘(D) No complaint may be dismissed on the ground that 
the Government did not have adequate evidence at the time 
the complaint was filed to establish the forfeitability of the 
property. 
‘‘(4)(A) In any case in which the Government files in the 
appropriate United States district court a complaint for 
forfeiture of property, any person claiming an interest in 
the seized property may file a claim asserting such person’s 
interest in the property in the manner set forth in the Sup-
plemental Rules for Certain Admiralty and Maritime 
Claims, except that such claim may be filed not later than 
30 days after the date of service of the Government’s com-
plaint or, as applicable, not later than 30 days after the 
date of final publication of notice of the filing of the com-
plaint. 
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‘‘(B) A person asserting an interest in seized property, 
in accordance with subparagraph (A), shall file an answer 
to the Government’s complaint for forfeiture not later than 
20 days after the date of the filing of the claim. 
‘‘(b) REPRESENTATION.— 
‘‘(1)(A) If a person with standing to contest the for-
feiture of property in a judicial civil forfeiture proceeding 
under a civil forfeiture statute is financially unable to ob-
tain representation by counsel, and the person is rep-
resented by counsel appointed under section 3006A of this 
title in connection with a related criminal case, the court 
may authorize counsel to represent that person with respect 
to the claim. 
‘‘(B) In determining whether to authorize counsel to rep-
resent a person under subparagraph (A), the court shall 
take into account such factors as— 
‘‘(i) the person’s standing to contest the forfeiture; 
and 
‘‘(ii) whether the claim appears to be made in good 
faith. 
‘‘(2)(A) If a person with standing to contest the for-
feiture of property in a judicial civil forfeiture proceeding 
under a civil forfeiture statute is financially unable to ob-
tain representation by counsel, and the property subject to 
forfeiture is real property that is being used by the person 
as a primary residence, the court, at the request of the per-
son, shall insure that the person is represented by an attor-
ney for the Legal Services Corporation with respect to the 
claim. 
‘‘(B)(i) At appropriate times during a representation 
under subparagraph (A), the Legal Services Corporation 
shall submit a statement of reasonable attorney fees and 
costs to the court. 
‘‘(ii) The court shall enter a judgment in favor of the 
Legal Services Corporation for reasonable attorney fees and 
costs submitted pursuant to clause (i) and treat such judg-
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ment as payable under section 2465 of title 28, United 
States Code, regardless of the outcome of the case. 
‘‘(3) The court shall set the compensation for representa-
tion under this subsection, which shall be equivalent to that 
provided for court-appointed representation under section 
3006A of this title. 
‘‘(c) BURDEN OF PROOF.—In a suit or action brought under 
any civil forfeiture statute for the civil forfeiture of any prop-
erty— 
‘‘(1) the burden of proof is on the Government to estab-
lish, by a preponderance of the evidence, that the property 
is subject to forfeiture; 
‘‘(2) the Government may use evidence gathered after 
the filing of a complaint for forfeiture to establish, by a 
preponderance of the evidence, that property is subject to 
forfeiture; and 
‘‘(3) if the Government’s theory of forfeiture is that the 
property was used to commit or facilitate the commission 
of a criminal offense, or was involved in the commission of 
a criminal offense, the Government shall establish that 
there was a substantial connection between the property 
and the offense. 
‘‘(d) INNOCENT OWNER DEFENSE.— 
‘‘(1) An innocent owner’s interest in property shall not 
be forfeited under any civil forfeiture statute. The claimant 
shall have the burden of proving that the claimant is an in-
nocent owner by a preponderance of the evidence. 
‘‘(2)(A) With respect to a property interest in existence 
at the time the illegal conduct giving rise to forfeiture took 
place, the term ‘innocent owner’ means an owner who— 
‘‘(i) did not know of the conduct giving rise to for-
feiture; or 
‘‘(ii) upon learning of the conduct giving rise to the 
forfeiture, did all that reasonably could be expected 
under the circumstances to terminate such use of the 
property. 
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‘‘(B)(i) For the purposes of this paragraph, ways in 
which a person may show that such person did all that rea-
sonably could be expected may include demonstrating that 
such person, to the extent permitted by law— 
‘‘(I) gave timely notice to an appropriate law en-
forcement agency of information that led the person to 
know the conduct giving rise to a forfeiture would 
occur or has occurred; and 
‘‘(II) in a timely fashion revoked or made a good 
faith attempt to revoke permission for those engaging 
in such conduct to use the property or took reasonable 
actions in consultation with a law enforcement agency 
to discourage or prevent the illegal use of the property. 
‘‘(ii) A person is not required by this subparagraph to 
take steps that the person reasonably believes would be 
likely to subject any person (other than the person whose 
conduct gave rise to the forfeiture) to physical danger. 
‘‘(3)(A) With respect to a property interest acquired 
after the conduct giving rise to the forfeiture has taken 
place, the term ‘innocent owner’ means a person who, at 
the time that person acquired the interest in the prop-
erty— 
‘‘(i) was a bona fide purchaser or seller for value (in-
cluding a purchaser or seller of goods or services for 
value); and 
‘‘(ii) did not know and was reasonably without cause 
to believe that the property was subject to forfeiture. 
‘‘(B) An otherwise valid claim under subparagraph (A) 
shall not be denied on the ground that the claimant gave 
nothing of value in exchange for the property if— 
‘‘(i) the property is the primary residence of the 
claimant; 
‘‘(ii) depriving the claimant of the property would de-
prive the claimant of the means to maintain reasonable 
shelter in the community for the claimant and all de-
pendents residing with the claimant; 
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‘‘(iii) the property is not, and is not traceable to, the 
proceeds of any criminal offense; and 
‘‘(iv) the claimant acquired his or her interest in the 
property through marriage, divorce, or legal separation, 
or the claimant was the spouse or legal dependent of 
a person whose death resulted in the transfer of the 
property to the claimant through inheritance or pro-
bate, 
except that the court shall limit the value of any real prop-
erty interest for which innocent ownership is recognized 
under this subparagraph to the value necessary to maintain 
reasonable shelter in the community for such claimant and 
all dependents residing with the claimant. 
‘‘(4) Notwithstanding any provision of this subsection, no 
person may assert an ownership interest under this sub-
section in contraband or other property that it is illegal to 
possess. 
‘‘(5) If the court determines, in accordance with this sec-
tion, that an innocent owner has a partial interest in prop-
erty otherwise subject to forfeiture, or a joint tenancy or 
tenancy by the entirety in such property, the court may 
enter an appropriate order— 
‘‘(A) severing the property; 
‘‘(B) transferring the property to the Government 
with a provision that the Government compensate the 
innocent owner to the extent of his or her ownership 
interest once a final order of forfeiture has been en-
tered and the property has been reduced to liquid as-
sets; or 
‘‘(C) permitting the innocent owner to retain the 
property subject to a lien in favor of the Government 
to the extent of the forfeitable interest in the property. 
‘‘(6) In this subsection, the term ‘owner’— 
‘‘(A) means a person with an ownership interest in 
the specific property sought to be forfeited, including a 
leasehold, lien, mortgage, recorded security interest, or 
valid assignment of an ownership interest; and 
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‘‘(B) does not include— 
‘‘(i) a person with only a general unsecured in-
terest in, or claim against, the property or estate 
of another; 
‘‘(ii) a bailee unless the bailor is identified and 
the bailee shows a colorable legitimate interest in 
the property seized; or 
‘‘(iii) a nominee who exercises no dominion or 
control over the property. 
‘‘(e) MOTION TO SET ASIDE FORFEITURE.— 
‘‘(1) Any person entitled to written notice in any non-
judicial civil forfeiture proceeding under a civil forfeiture 
statute who does not receive such notice may file a motion 
to set aside a declaration of forfeiture with respect to that 
person’s interest in the property, which motion shall be 
granted if— 
‘‘(A) the Government knew, or reasonably should 
have known, of the moving party’s interest and failed 
to take reasonable steps to provide such party with no-
tice; and 
‘‘(B) the moving party did not know or have reason 
to know of the seizure within sufficient time to file a 
timely claim. 
‘‘(2)(A) Notwithstanding the expiration of any applicable 
statute of limitations, if the court grants a motion under 
paragraph (1), the court shall set aside the declaration of 
forfeiture as to the interest of the moving party without 
prejudice to the right of the Government to commence a 
subsequent forfeiture proceeding as to the interest of the 
moving party. 
‘‘(B) Any proceeding described in subparagraph (A) shall 
be commenced— 
‘‘(i) if nonjudicial, within 60 days of the entry of the 
order granting the motion; or 
‘‘(ii) if judicial, within 6 months of the entry of the 
order granting the motion. 
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‘‘(3) A motion under paragraph (1) may be filed not 
later than 5 years after the date of final publication of no-
tice of seizure of the property. 
‘‘(4) If, at the time a motion made under paragraph (1) 
is granted, the forfeited property has been disposed of by 
the Government in accordance with law, the Government 
may institute proceedings against a substitute sum of 
money equal to the value of the moving party’s interest in 
the property at the time the property was disposed of. 
‘‘(5) A motion filed under this subsection shall be the ex-
clusive remedy for seeking to set aside a declaration of for-
feiture under a civil forfeiture statute. 
‘‘(f) RELEASE OF SEIZED PROPERTY.— 
‘‘(1) A claimant under subsection (a) is entitled to imme-
diate release of seized property if— 
‘‘(A) the claimant has a possessory interest in the 
property; 
‘‘(B) the claimant has sufficient ties to the commu-
nity to provide assurance that the property will be 
available at the time of the trial; 
‘‘(C) the continued possession by the Government 
pending the final disposition of forfeiture proceedings 
will cause substantial hardship to the claimant, such as 
preventing the functioning of a business, preventing an 
individual from working, or leaving an individual home-
less; 
‘‘(D) the claimant’s likely hardship from the contin-
ued possession by the Government of the seized prop-
erty outweighs the risk that the property will be de-
stroyed, damaged, lost, concealed, or transferred if it is 
returned to the claimant during the pendency of the 
proceeding; and 
‘‘(E) none of the conditions set forth in paragraph 
(8) applies. 
‘‘(2) A claimant seeking release of property under this 
subsection must request possession of the property from 
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the appropriate official, and the request must set forth the 
basis on which the requirements of paragraph (1) are met. 
‘‘(3)(A) If not later than 15 days after the date of a re-
quest under paragraph (2) the property has not been re-
leased, the claimant may file a petition in the district court 
in which the complaint has been filed or, if no complaint 
has been filed, in the district court in which the seizure 
warrant was issued or in the district court for the district 
in which the property was seized. 
‘‘(B) The petition described in subparagraph (A) shall 
set forth— 
‘‘(i) the basis on which the requirements of para-
graph (1) are met; and 
‘‘(ii) the steps the claimant has taken to secure re-
lease of the property from the appropriate official. 
‘‘(4) If the Government establishes that the claimant’s 
claim is frivolous, the court shall deny the petition. In re-
sponding to a petition under this subsection on other 
grounds, the Government may in appropriate cases submit 
evidence ex parte in order to avoid disclosing any matter 
that may adversely affect an ongoing criminal investigation 
or pending criminal trial. 
‘‘(5) The court shall render a decision on a petition filed 
under paragraph (3) not later than 30 days after the date 
of the filing, unless such 30-day limitation is extended by 
consent of the parties or by the court for good cause 
shown. 
‘‘(6) If— 
‘‘(A) a petition is filed under paragraph (3); and 
‘‘(B) the claimant demonstrates that the require-
ments of paragraph (1) have been met, 
the district court shall order that the property be returned 
to the claimant, pending completion of proceedings by the 
Government to obtain forfeiture of the property. 
‘‘(7) If the court grants a petition under paragraph 
(3)— 
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‘‘(A) the court may enter any order necessary to en-
sure that the value of the property is maintained while 
the forfeiture action is pending, including— 
‘‘(i) permitting the inspection, photographing, 
and inventory of the property; 
‘‘(ii) fixing a bond in accordance with rule E(5) 
of the Supplemental Rules for Certain Admiralty 
and Maritime Claims; and 
‘‘(iii) requiring the claimant to obtain or main-
tain insurance on the subject property; and 
‘‘(B) the Government may place a lien against the 
property or file a lis pendens to ensure that the prop-
erty is not transferred to another person. 
‘‘(8) This subsection shall not apply if the seized prop-
erty— 
‘‘(A) is contraband, currency, or other monetary in-
strument, or electronic funds unless such currency or 
other monetary instrument or electronic funds con-
stitutes the assets of a legitimate business which has 
been seized; 
‘‘(B) is to be used as evidence of a violation of the 
law; 
‘‘(C) by reason of design or other characteristic, is 
particularly suited for use in illegal activities; or 
‘‘(D) is likely to be used to commit additional crimi-
nal acts if returned to the claimant. 
‘‘(g) PROPORTIONALITY.— 
‘‘(1) The claimant under subsection (a)(4) may petition 
the court to determine whether the forfeiture was constitu-
tionally excessive. 
‘‘(2) In making this determination, the court shall com-
pare the forfeiture to the gravity of the offense giving rise 
to the forfeiture. 
‘‘(3) The claimant shall have the burden of establishing 
that the forfeiture is grossly disproportional by a prepon-
derance of the evidence at a hearing conducted by the court 
without a jury. 
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‘‘(4) If the court finds that the forfeiture is grossly dis-
proportional to the offense it shall reduce or eliminate the 
forfeiture as necessary to avoid a violation of the Excessive 
Fines Clause of the Eighth Amendment of the Constitu-
tion. 
‘‘(h) CIVIL FINE.— 
‘‘(1) In any civil forfeiture proceeding under a civil for-
feiture statute in which the Government prevails, if the 
court finds that the claimant’s assertion of an interest in 
the property was frivolous, the court may impose a civil 
fine on the claimant of an amount equal to 10 percent of 
the value of the forfeited property, but in no event shall the 
fine be less than $250 or greater than $5,000. 
‘‘(2) Any civil fine imposed under this subsection shall 
not preclude the court from imposing sanctions under rule 
11 of the Federal Rules of Civil Procedure. 
‘‘(3) In addition to the limitations of section 1915 of title 
28, United States Code, in no event shall a prisoner file a 
claim under a civil forfeiture statute or appeal a judgment 
in a civil action or proceeding based on a civil forfeiture 
statute if the prisoner has, on three or more prior occa-
sions, while incarcerated or detained in any facility, 
brought an action or appeal in a court of the United States 
that was dismissed on the grounds that it is frivolous or 
malicious, unless the prisoner shows extraordinary and ex-
ceptional circumstances. 
‘‘(i) CIVIL FORFEITURE STATUTE DEFINED.—In this sec-
tion, the term ‘civil forfeiture statute’— 
‘‘(1) means any provision of Federal law providing for 
the forfeiture of property other than as a sentence imposed 
upon conviction of a criminal offense; and 
‘‘(2) does not include— 
‘‘(A) the Tariff Act of 1930 or any other provision 
of law codified in title 19; 
‘‘(B) the Internal Revenue Code of 1986; 
‘‘(C) the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.); 
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‘‘(D) the Trading with the Enemy Act (50 U.S.C. 
App. 1 et seq.) or the International Emergency Eco-
nomic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); 
or 
‘‘(E) section 1 of title VI of the Act of June 15, 
1917 (40 Stat. 233; 22 U.S.C. 401). 
‘‘(j) RESTRAINING ORDERS; PROTECTIVE ORDERS.— 
‘‘(1) Upon application of the United States, the court 
may enter a restraining order or injunction, require the 
execution of satisfactory performance bonds, create receiv-
erships, appoint conservators, custodians, appraisers, ac-
countants, or trustees, or take any other action to seize, se-
cure, maintain, or preserve the availability of property sub-
ject to civil forfeiture— 
‘‘(A) upon the filing of a civil forfeiture complaint al-
leging that the property with respect to which the order 
is sought is subject to civil forfeiture; or 
‘‘(B) prior to the filing of such a complaint, if, after 
notice to persons appearing to have an interest in the 
property and opportunity for a hearing, the court de-
termines that— 
‘‘(i) there is a substantial probability that the 
United States will prevail on the issue of forfeiture 
and that failure to enter the order will result in the 
property being destroyed, removed from the juris-
diction of the court, or otherwise made unavailable 
for forfeiture; and 
‘‘(ii) the need to preserve the availability of the 
property through the entry of the requested order 
outweighs the hardship on any party against whom 
the order is to be entered. 
‘‘(2) An order entered pursuant to paragraph (1)(B) 
shall be effective for not more than 90 days, unless ex-
tended by the court for good cause shown, or unless a com-
plaint described in paragraph (1)(A) has been filed. 
‘‘(3) A temporary restraining order under this subsection 
may be entered upon application of the United States with-
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out notice or opportunity for a hearing when a complaint 
has not yet been filed with respect to the property, if the 
United States demonstrates that there is probable cause to 
believe that the property with respect to which the order 
is sought is subject to civil forfeiture and that provision of 
notice will jeopardize the availability of the property for 
forfeiture. Such a temporary order shall expire not more 
than 10 days after the date on which it is entered, unless 
extended for good cause shown or unless the party against 
whom it is entered consents to an extension for a longer 
period. A hearing requested concerning an order entered 
under this paragraph shall be held at the earliest possible 
time and prior to the expiration of the temporary order. 
‘‘(4) The court may receive and consider, at a hearing 
held pursuant to this subsection, evidence and information 
that would be inadmissible under the Federal Rules of Evi-
dence. 
‘‘§ 2554. Civil forfeiture of fungible property 
‘‘(a) GENERALLY.— 
‘‘(1) In any forfeiture action in rem in which the subject 
property is cash, monetary instruments in bearer form, 
funds deposited in an account in a financial institution or 
precious metals— 
‘‘(A) it shall not be necessary for the Government to 
identify the specific property involved in the offense 
that is the basis for the forfeiture; and 
‘‘(B) it shall not be a defense that the property in-
volved in such an offense has been removed and re-
placed by identical property. 
‘‘(2) Except as provided in subsection (b), any identical prop-
erty found in the same place or account as the property in-
volved in the offense that is the basis for the forfeiture shall 
be subject to forfeiture under this section. 
‘‘(b) LIMITATION.—No action pursuant to this section to for-
feit property not traceable directly to the offense that is the 
basis for the forfeiture may be commenced more than 1 year 
from the date of the offense. 
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‘‘(c) EXCEPTION.— 
‘‘(1) Subsection (a) does not apply to an action against 
funds held by a financial institution in an interbank ac-
count unless the account holder knowingly engaged in the 
offense that is the basis for the forfeiture. 
‘‘(2) In this subsection— 
‘‘(A) the term ‘financial institution’ includes a for-
eign bank (as defined in section 1(b)(7) of the Inter-
national Banking Act of 1978 (12 U.S.C. 3101(b)(7)); 
and 
‘‘(B) the term ‘interbank account’ means an account 
held by one financial institution at another financial in-
stitution primarily for the purpose of facilitating cus-
tomer transactions. 
‘‘(d) DISCLAIMER.—Nothing in this section limits the ability 
of the Government to forfeit property under any provision of 
law if the property involved in the offense giving rise to the for-
feiture or property traceable thereto is available for forfeiture. 
‘‘§ 2555. Civil forfeiture of real property 
‘‘(a) JUDICIAL FORFEITURES.—Notwithstanding any other 
provision of law, all civil forfeitures of real property and inter-
ests in real property shall proceed as judicial forfeitures. 
‘‘(b) PRELIMINARY MATTERS.— 
‘‘(1) Except as provided in this section— 
‘‘(A) real property that is the subject of a civil for-
feiture action shall not be seized before entry of an 
order of forfeiture; and 
‘‘(B) the owners or occupants of the real property 
shall not be evicted from, or otherwise deprived of the 
use and enjoyment of, real property that is the subject 
of a pending forfeiture action. 
‘‘(2) The filing of a lis pendens and the execution of a 
writ of entry for the purpose of conducting an inspection 
and inventory of the property shall not be considered a sei-
zure under this subsection. 
‘‘(c) INITIATION.— 
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703 
‘‘(1) The Government shall initiate a civil forfeiture ac-
tion against real property by— 
‘‘(A) filing a complaint for forfeiture; 
‘‘(B) posting a notice of the complaint on the prop-
erty; and 
‘‘(C) serving notice on the property owner, along 
with a copy of the complaint. 
‘‘(2) If the property owner cannot be served with the no-
tice under paragraph (1) because the owner— 
‘‘(A) is a fugitive; 
‘‘(B) resides outside the United States and efforts at 
service pursuant to rule 4 of the Federal Rules of Civil 
Procedure are unavailing; or 
‘‘(C) cannot be located despite the exercise of due 
diligence, 
constructive service may be made in accordance with the 
laws of the State in which the property is located. 
‘‘(3) If real property has been posted in accordance with 
this subsection, it shall not be necessary for the court to 
issue an arrest warrant in rem, or to take any other action 
to establish in rem jurisdiction over the property. 
‘‘(d) SEIZURE PRIOR TO ENTRY OF ORDER.— 
‘‘(1) Real property may be seized prior to the entry of 
an order of forfeiture if— 
‘‘(A) the Government notifies the court that it in-
tends to seize the property before trial; and 
‘‘(B) the court— 
‘‘(i) issues a notice of application for warrant, 
causes the notice to be served on the property 
owner and posted on the property, and conducts a 
hearing in which the property owner has a mean-
ingful opportunity to be heard; or 
‘‘(ii) makes an ex parte determination that there 
is probable cause for the forfeiture and that there 
are exigent circumstances that permit the Govern-
ment to seize the property without prior notice and 
an opportunity for the property owner to be heard. 
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‘‘(2) For purposes of paragraph (1)(B)(ii), to establish 
exigent circumstances, the Government shall show that less 
restrictive measures such as a lis pendens, restraining 
order, or bond would not suffice to protect the Govern-
ment’s interests in preventing the sale, destruction, or con-
tinued unlawful use of the real property. 
‘‘(e) POST-SEIZURE HEARING.—If the court authorizes a sei-
zure of real property under subsection (d)(1)(B)(ii), it shall 
conduct a prompt post-seizure hearing during which the prop-
erty owner shall have an opportunity to contest the basis for 
the seizure. 
‘‘(f) APPLICATION.—This section— 
‘‘(1) applies only to civil forfeitures of real property and 
interests in real property; 
‘‘(2) does not apply to forfeitures of the proceeds of the 
sale of such property or interests, or of money or other as-
sets intended to be used to acquire such property or inter-
ests; and 
‘‘(3) shall not affect the authority of the court to enter 
a restraining order relating to real property. 
‘‘§ 2556. Subpoenas for bank records 
‘‘(a) IN GENERAL.—At any time after the commencement of 
any action for forfeiture in rem brought by the United States 
under section 1451, 1452, and 508 of this title, section 5322 
or 5324 of title 31, United States Code, or the Controlled Sub-
stances Act, any party may request the Clerk of the Court in 
the district in which the proceeding is pending to issue a sub-
poena duces tecum to any financial institution, as defined in 
section 5312(a) of title 31, United States Code, to produce 
books, records and any other documents at any place des-
ignated by the requesting party. All parties to the proceeding 
shall be notified of the issuance of any such subpoena. The pro-
cedures and limitations set forth in section 2555 of this title 
shall apply to subpoenas issued under this section. 
‘‘(b) SERVICE.—Service of a subpoena issued pursuant to 
this section shall be by certified mail. Records produced in re-
sponse to such a subpoena may be produced in person or by 
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mail, common carrier, or such other method as may be agreed 
upon by the party requesting the subpoena and the custodian 
of records. The party requesting the subpoena may require the 
custodian of records to submit an affidavit certifying the au-
thenticity and completeness of the records and explaining the 
omission of any record called for in the subpoena. 
‘‘(c) DISCOVERY.—Nothing in this section shall preclude any 
party from pursuing any form of discovery pursuant to the 
Federal Rules of Civil Procedure. 
‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURISDIC-
TIONS.— 
‘‘(1) IN GENERAL.—In any civil forfeiture case, or in any 
ancillary proceeding in any criminal forfeiture case gov-
erned by section 413(n) of the Controlled Substances Act 
(21 U.S.C. 853(n)), in which— 
‘‘(A) financial records located in a foreign country 
may be material— 
‘‘(i) to any claim or to the ability of the Govern-
ment to respond to such claim; or 
‘‘(ii) in a civil forfeiture case, to the ability of the 
Government to establish the forfeitability of the 
property; and 
‘‘(B) it is within the capacity of the claimant to 
waive the claimant’s rights under applicable financial 
secrecy laws, or to obtain the records so that such 
records can be made available notwithstanding such se-
crecy laws, 
the refusal of the claimant to provide the records in re-
sponse to a discovery request or to take the action nec-
essary otherwise to make the records available shall be 
grounds for judicial sanctions, up to and including dis-
missal of the claim with prejudice. 
‘‘(2) PRIVILEGE.—This subsection shall not affect the 
right of the claimant to refuse production on the basis of 
any privilege guaranteed by the Constitution of the United 
States or any other provision of Federal law. 
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‘‘§ 2557. Anti-terrorist forfeiture protection 
‘‘(a) RIGHT TO CONTEST.—An owner of property that is 
confiscated under any provision of law relating to the confisca-
tion of assets of suspected international terrorists, may contest 
that confiscation by filing a claim in the manner set forth in 
the Federal Rules of Civil Procedure (Supplemental Rules for 
Certain Admiralty and Maritime Claims), and asserting as an 
affirmative defense that— 
‘‘(1) the property is not subject to confiscation under 
such provision of law; or 
‘‘(2) the innocent owner provisions of section 2553(d) 
apply to the case. 
‘‘(b) EVIDENCE.—In considering a claim filed under this sec-
tion, a court may admit evidence that is otherwise inadmissible 
under the Federal Rules of Evidence, if the court determines 
that the evidence is reliable, and that compliance with the Fed-
eral Rules of Evidence may jeopardize the national security in-
terests of the United States. 
‘‘(c) CLARIFICATIONS.— 
‘‘(1) PROTECTION OF RIGHTS.—The exclusion of certain 
provisions of Federal law from the definition of the term 
‘civil forfeiture statute’ in section 2553(i) shall not be con-
strued to deny an owner of property the right to contest 
the confiscation of assets of suspected international terror-
ists under— 
‘‘(A) subsection (a) of this section; 
‘‘(B) the Constitution; or 
‘‘(C) subchapter II of chapter 5 of title 5, United 
States Code (commonly known as the ‘Administrative 
Procedure Act’). 
‘‘(2) SAVINGS
CLAUSE.—Nothing in this section shall 
limit or otherwise affect any other remedies that may be 
available to an owner of property under section 2553 or 
any other provision of law. 
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‘‘SUBCHAPTER C—CRIMINAL FORFEITURE 
‘‘Sec. 
‘‘2561.
Offenses giving rise to criminal forfeiture. 
‘‘2562.
Procedures for criminal forfeiture. 
‘‘§ 2561. Offenses giving rise to criminal forfeiture 
‘‘(a) PROPERTY FORFEITED AT TIME OF SENTENCE.—The 
court, when imposing a sentence on a defendant convicted of 
an offense described in subsection (b), shall order the defend-
ant forfeit to the United States all forfeitable property (as de-
fined in section 37) related to the offense. 
‘‘(b) OFFENSES FOR WHICH CRIMINAL FORFEITURE IS TO 
BE ORDERED.—The offenses for which criminal forfeiture shall 
occur under this section are the following: 
‘‘(1) A violation of section 508, 1451, or 1452. 
‘‘(2) A violation of, or a conspiracy to violate— 
‘‘(A) section 644, 645, 773-775, 779, 801, 803, 804, 
or 1003, affecting a financial institution; 
‘‘(B) section 614, 692-695, 697-702, 712, 717, 781, 
783, 784, 861, 862, or 863; 
‘‘(C) section 654(a)(1) (relating to Federal program 
fraud); 
‘‘(D) section 772 (relating to fraud and false state-
ments); 
‘‘(E) section 788 (relating to major fraud against the 
United States); 
‘‘(F) section 789 (relating to concealment of assets 
from conservator, receiver, or liquidating agent of in-
sured financial institution); 
‘‘(G) section 801 (relating to mail fraud); or 
‘‘(H) section 803 (relating to wire fraud), 
involving the sale of assets acquired or held by the Resolu-
tion Trust Corporation, the Federal Deposit Insurance Cor-
poration, as conservator or receiver for a financial institu-
tion or any other conservator for a financial institution ap-
pointed by the Office of the Comptroller of the Currency 
or the Office of Thrift Supervision, or the National Credit 
Union Administration, as conservator or liquidating agent 
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for a financial institution, shall order that the person for-
feit to the United States any property, real or personal, 
which represents or is traceable to the gross receipts ob-
tained, directly or indirectly, as a result of such violation. 
‘‘(3) A violation of— 
‘‘(A) section 718 (altering or removing motor vehicle 
identification numbers); 
‘‘(B) section 866 (importing or exporting stolen 
motor vehicles); 
‘‘(C) section 671 (transporting stolen motor vehicles 
in interstate commerce); or 
‘‘(D) section 672 (possessing or selling a stolen 
motor vehicle that has moved in interstate commerce). 
‘‘(4) A violation of, or conspiracy to violate, section 
274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and 
Nationality Act or sections 311-316 of this title, or a viola-
tion of, or conspiracy to violate, section 783 of this title if 
committed in connection with passport or visa issuance or 
use. 
‘‘(5) A Federal health care offense. 
‘‘(6) A violation of section 783, 786, 801, 802, 807, or 
804. 
‘‘(9) A violation of section 211, 212, 213, 221, or 222. 
‘‘(7) A violation of section 301, 302, 303, or 320. 
‘‘(8) A violation of chapter 17. 
‘‘(9) A violation of section 631. 
‘‘(10) A violation of section 783, 786, or 794. 
‘‘(11) A violation of section 1307. 
‘‘(12) A violation of subchapter C of chapter 35. 
‘‘§ 2562. Procedures for criminal forfeiture 
‘‘(a) APPLICATION OF PROCEDURES.—Unless otherwise pro-
vided by law, the procedures set forth in this section govern 
any criminal forfeiture under a law of the United States. 
‘‘(b) THIRD PARTY TRANSFERS.—All right, title, and inter-
est in forfeitable vests in the United States upon the commis-
sion of the act giving rise to forfeiture under this subchapter. 
Any such property that is subsequently transferred to a person 
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other than the defendant may be the subject of a special verdict 
of forfeiture and thereafter shall be ordered forfeited to the 
United States, unless the transferee establishes in a hearing 
pursuant to subsection (n) that the transferee is a bona fide 
purchaser for value of such property who at the time of pur-
chase was reasonably without cause to believe that the property 
was subject to forfeiture under this section. 
‘‘(c) REBUTTABLE PRESUMPTION.—There is a rebuttable 
presumption at trial that any property of a person convicted of 
a felony under chapter 17 is subject to forfeiture under this 
section if the United States establishes by a preponderance of 
the evidence that— 
‘‘(1) such property was acquired by such person during 
the period of the violation or within a reasonable time after 
such period; and 
‘‘(2) there was no likely source for such property other 
than the violation 
‘‘(d) PROTECTIVE ORDERS.— 
‘‘(1) WHEN ISSUED.—Upon application of the United 
States, the court may enter a restraining order or injunc-
tion, require the execution of a satisfactory performance 
bond, or take any other action to preserve the availability 
of property for forfeiture under this section— 
‘‘(A) upon the filing of an indictment or information 
charging a violation for which criminal forfeiture may 
be ordered under this section and alleging that the 
property with respect to which the order is sought 
would, in the event of conviction, be subject to for-
feiture under this section; or 
‘‘(B) prior to the filing of such an indictment or in-
formation, if, after notice to persons appearing to have 
an interest in the property and opportunity for a hear-
ing, the court determines that— 
‘‘(i) there is a substantial probability that the 
United States will prevail on the issue of forfeiture 
and that failure to enter the order will result in the 
property being destroyed, removed from the juris-
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