121 
SEC. 380. MINOR AMENDMENTS TO THE CIVIL ASSET FOR-
FEITURE REFORM ACT OF 2000. 
(a) 
CRIMINAL
INFORMATION.—Sections 
983(a)(3)(B)(ii) and 983(a)(3)(C) of title 18, United 
States Code, are amended by striking ‘‘criminal indict-
ment’’ each time it appears and inserting ‘‘criminal indict-
ment or information’’. 
(b) SECTION 981.—Section 981 of title 18, United 
States Code, is amended by adding after subsection (k) 
the following: 
‘‘(l) The procedural provisions of this section shall 
apply to any civil forfeiture statute, as that term is defined 
in section 983(i), except where inconsistent with a provi-
sion relating to civil forfeiture procedure that is part of 
such statute.’’. 
(c) INCARCERATED PERSONS.—Section 983(a)(1)(F) 
of title 18, United States Code, is amended by inserting 
the following before the period at the end of the last sen-
tence: ‘‘; nor shall the Government be required to return 
property to a person who is incarcerated’’. 
(d) TURNOVER ORDERS.—Section 983(a)(1)(A)(iv) 
of title 18, United States Code, is amended by adding at 
the end the following: ‘‘In jurisdictions where the State 
or local law enforcement agency must obtain an order 
from a State court authorizing the turnover, the period 
from the date the law enforcement agency applies for the 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
122 
turnover order to the date when such order is issued by 
the court shall not be included in the 90-day period.’’. 
(e) CLARIFICATION OF DEADLINE FOR CONTESTING 
NONJUDICIAL
FORFEITURE.—Section 983(a)(2)(B) of 
title 18, United States Code, is amended by striking ‘‘is 
not received’’ and inserting ‘‘is returned to the sender un-
delivered’’. 
(f) ENDANGERED SPECIES
AND OTHER CONTRA-
BAND.—Section 983(d)(4) of title 18, United States Code, 
is amended by— 
(1) inserting ‘‘(A)’’ before ‘‘Notwithstanding’’; 
and 
(2) inserting at the end the following: 
‘‘(B) The term ‘property that it is illegal 
to possess’ as used in (A) includes, but is not 
limited to— 
‘‘(i) animals or animal products that 
are illegal for the claimant to possess 
under any law enacted to conserve or pro-
tect endangered species or other wildlife or 
natural resources; 
‘‘(ii) historic or cultural artifacts, 
works of art, archaeological or paleontolog-
ical resources, human remains, fossils and 
other things that are illegal for the claim-
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
123 
ant to possess under any law enacted to 
preserve, protect, recover, or restore his-
toric or cultural resources; and 
‘‘(iii) any firearm, ammunition, explo-
sive, or chemical agent used to commit a 
crime of violence.’’. 
(g) TOLLING TIME FOR FILING COMPLAINT.—Sec-
tion 983(a)(3) of title 18, United States Code, is amended 
by adding the following after subparagraph (D): 
‘‘(E) If a person claiming an interest in 
the seized property files a claim pursuant to 
paragraph (2), but there is a bona fide dispute 
as to whether the claim was timely filed or was 
in the proper form, the time for resolving such 
dispute shall not be counted within the time for 
filing a complaint under this paragraph.’’. 
(h) STATUTE
OF LIMITATIONS.—Section 1621 of 
title 19, United States Code, is amended by striking 
‘‘whichever was later’’ and inserting ‘‘whichever time pe-
riod would result in the later deadline’’. 
(i) TEMPORARY RESTRAINTS
IN INTERNATIONAL 
CASES.—Section 981(b)(4) of title 18, United States 
Code, is amended by striking ‘‘30 days’’ and inserting ‘‘90 
days’’. 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
124 
(j) DISPOSITION OF FORFEITED PROPERTY.—Sec-
tion 981(e) of title 18, United States Code, is amended— 
(1) by revising the introductory language pre-
ceding paragraph (1) to read as follows: 
‘‘(e) Notwithstanding any other provision of the law, 
except section 3 of the Anti-Drug Abuse Act of 1986 
(Public Law 99–570, 3, 100 Stat. 3207–1), the Archeo-
logical Resources Protection Act of 1979 (16 U.S.C. 
470aa et seq. and 18 U.S.C. 1370), and the Native Amer-
ican Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq.), the Attorney General, the Secretary of 
Homeland Security, the Secretary of the Treasury, the 
Secretary of the Interior, or the Postal Service, as the case 
may be, is authorized to retain property forfeited pursuant 
to this section, to sell, by public sale or any other commer-
cially feasible means, such forfeited property which is not 
required to be destroyed by law and which is not harmful 
to the public, or to transfer such forfeited property on 
such terms and conditions as the appropriate agency may 
determine—’’; and 
(2) by adding at the end the following: ‘‘Not-
withstanding any other provision of law, the United 
States is authorized to retain property forfeited in 
accordance with this section that may be used as 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
125 
evidence in a criminal proceeding throughout the 
pendency of such proceeding.’’. 
SEC. 381. PROPERTY DETAINED AT THE BORDER. 
Section 983(a)(1) of title 18, United States Code, is 
amended— 
(1) in subparagraph (A), by adding after clause 
(v) the following: 
‘‘(vi) In cases where property is de-
tained at an international border or port of 
entry for the purpose of examination, test-
ing, inspection, obtaining documentation, 
or other investigation relating to the im-
portation of the property into, or the ex-
portation of the property out of, the 
United States, such period of detention 
shall not be included in the 60-day period 
described in clause (i). In such cases, the 
60-day period shall begin to run when the 
period of detention is concluded.’’; and 
(2) in subparagraph (D)— 
(A) by striking ‘‘or’’ at the end of clause 
(iv); 
(B) by redesignating clause (v) as clause 
(vi); and 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
126 
(C) by inserting the following after clause 
(iv): 
‘‘(v) initiation of a forfeiture pro-
ceeding before the seizing agency has re-
ceived the results of a scientific test or lab-
oratory analysis of the seized property that 
is material to the determination whether 
the property is subject to forfeiture; or’’. 
SEC. 382. OBSTRUCTION OF JUSTICE. 
Section 2232(b) of title 18, United States Code, is 
amended to read as follows: 
‘‘(b) IMPAIRMENT OF JURISDICTION OVER PROP-
ERTY.—Whoever— 
‘‘(1) knowing that a United States court has 
exercised, or is about to exercise, jurisdiction over 
property for purposes of forfeiture under Federal 
law; or 
‘‘(2) knowing that property has been alleged to 
be forfeitable in any civil or criminal proceeding 
pending in any United States court, 
destroys, damages, wastes, disposes of, transfers, or takes 
any other action with respect to such property for the pur-
pose of impairing, frustrating, or defeating the court’s ju-
risdiction over the property, without authority from that 
court, or attempts or conspires to do so, shall be fined 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
127 
under this title or imprisoned not more than 5 years, or 
both.’’. 
SEC. 383. SOURCE OF PAYMENT FOR ATTORNEY’S FEES. 
Section 2465 of title 28, United States Code, as 
amended by this Act, is further amended by adding at the 
end the following: 
‘‘(d)(1) Any amounts for which the United States is 
found to be liable pursuant to subsection (b) shall be paid 
from the Judgment Fund (28 U.S.C. 1304). 
‘‘(2) The amount of any attorney fees and other liti-
gation costs for which the United States is found to be 
liable pursuant to subsection (b) shall be calculated in ac-
cordance with the provision for calculating such amounts 
under the Equal Access to Justice Act (28 U.S.C. 2412).’’. 
SEC. 384. EXCESSIVE FINES CHALLENGES. 
Section 983(g) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘The claimant 
under subsection (a)(4)’’ and inserting ‘‘An owner 
who files a claim under subsection (a)(4)’’; and 
(2) in paragraph (3), by striking ‘‘claimant’’ 
and inserting ‘‘owner’’. 
SEC. 385. PAYMENT IN LIEU OF FORFEITURE. 
Section 981 of title 18, United States Code, is 
amended by adding at the end the following: 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
128 
‘‘(l) PAYMENT IN LIEU OF FORFEITURE.—If a finan-
cial institution or other person pays a sum of money to 
the United States— 
‘‘(1) in lieu of the commencement of forfeiture 
proceedings; or 
‘‘(2) in settlement of such forfeiture pro-
ceedings if commenced, 
such sum of money shall be treated as forfeited funds and 
disposed of according to subsection (e).’’. 
SEC. 386. STATUTORY STANDING. 
Section 983(a)(4) of title 18, United States Code, is 
amended by striking ‘‘any person claiming an interest’’ 
and inserting ‘‘any person with an ownership interest as 
described in subsection (d)’’. 
SEC. 387. UPDATING THE CROSS REFERENCE TO FOR-
FEITURE PROCEDURES. 
Section 2513 of title 18, United States Code, is 
amended by striking everything after the first sentence 
and inserting the following: ‘‘The procedures set forth in 
Chapter 46 of this title shall apply to civil forfeitures 
under this section.’’. 
SEC. 388. PROTECTING THE RIGHTS OF VICTIMS. 
Section 983(d) of title 18, United States Code, is 
amended by inserting after paragraph (6) the following: 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
129 
‘‘(7)(A) In determining whether a claimant is 
an owner under paragraph (6), the court may not 
recognize or impose a constructive trust or other eq-
uitable remedy if doing so would— 
‘‘(i) disadvantage other persons who are 
similarly situated, including other victims of the 
same offense who did not file claims in the for-
feiture proceeding or who cannot trace their 
property to the property subject to forfeiture; or 
‘‘(ii) would otherwise interfere with the 
ability of the Attorney General, the Secretary of 
Homeland Security, the Secretary of the Treas-
ury, or the Postmaster General of the United 
States Postal Service to distribute the property 
subject to forfeiture on an equitable basis to the 
victims of an offense pursuant to sections 
981(d) or 981(e)(6), or any other provision of 
law. 
‘‘(B) For the purposes of this paragraph, the 
court may consider a person to be the beneficiary of 
a constructive trust only if— 
‘‘(i) the person transferred property to a 
third party, and that property is traceable to 
the property that is subject to forfeiture; 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
130 
‘‘(ii) the person was induced to transfer 
the property to the third party by fraud or false 
pretenses; 
‘‘(iii) the person who transferred the prop-
erty has ‘clean hands’ as that term is applied 
by a court of equity; 
‘‘(iv) the person had a confidential or fidu-
ciary relationship with the person to whom 
property was transferred; and 
‘‘(v) the person who transferred the prop-
erty lacks an adequate remedy at law, including 
the right to seek remission or restoration of the 
property pursuant to regulations issued by the 
Attorney General.’’. 
SEC. 389. OTHER MINOR AND TECHNICAL AMENDMENTS. 
(a) DESTRUCTION OF PROPERTY OF LITTLE OR NO 
VALUE.— 
(1) Section 413(h) of the Controlled Substances 
Act (21 U.S.C. 853(h)) is amended by striking 
‘‘shall direct the disposition of the property’’ and in-
serting ‘‘shall direct the disposition or destruction of 
the property’’. 
(2) Section 981(e) of title 18, United States 
Code, is amended by striking ‘‘is authorized to re-
tain property forfeited pursuant to this section’’ and 
VerDate Aug 31 2005 
04:44 Jul 27, 2007
Jkt 059200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
131 
inserting ‘‘is authorized to retain or destroy property 
forfeited pursuant to this section’’. 
(b) ADMINISTRATIVE FORFEITURE OF FUNDS.—Sec-
tion 1607(a) of title 19, United States Code, is amended 
by: 
(1) striking ‘‘or’’ at the end of paragraph (3); 
(2) inserting ‘‘or’’ after the semicolon at the 
end of paragraph (4); and 
(3) inserting after paragraph (4) the following: 
‘‘(5) such seized merchandise comprises funds 
held in an account at a financial institution (as de-
fined in section 5312(a)(2) of title 31); or 
‘‘(6) such seized merchandise comprises funds 
stored on a stored value card or other portable stor-
age device or funds held in an account at a financial 
institution (as defined in section 5312(a)(2) of title 
31) where such funds may be accessed by a stored 
value card or other portable storage device;’’. 
(c) EXPLOSIVES.—Section 844(c)(1) of title 18, 
United States Code, is amended by striking ‘‘, and all pro-
visions of the Internal Revenue Code of 1986 relating to 
the seizure, forfeiture, and disposition of firearms, as de-
fined in section 5845(a) of that Code, shall, so far as ap-
plicable, extend to seizures and forfeitures under the pro-
visions of this chapter’’. 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
132 
(d) CONFORMING SECTION 924(d) TO CAFRA.—Sec-
tion 924(d) of title 18, United States Code, is amended— 
(1) in subsection (d)(1) by striking ‘‘, and all 
provisions of the Internal Revenue Code of 1986 re-
lating to the seizure, forfeiture, and disposition of 
firearms, as defined in section 5845(a) of that Code, 
shall, so far as applicable, extend to seizures and 
forfeitures under the provisions of this chapter’’; 
(2) in subsection (d)(1) by striking ‘‘Any action 
or proceeding for the forfeiture of firearms or am-
munition shall be commenced within one hundred 
and twenty days of such seizure.’’; and 
(3) by striking subsection (d)(2) and redesig-
nating subsection (d)(3) as subsection (d)(2). 
(e) INTERNAL REVENUE SERVICE.—Section 5872 of 
the Internal Revenue Code of 1986, is amended in sub-
section (a) by striking ‘‘, and (except as provided in sub-
section (b)) all the provisions of the internal revenue laws 
relating to searches, seizures, and forfeitures of 
unstamped articles are extended to and made to apply to 
the articles taxed under this chapter, and the persons to 
whom this chapter applies.’’ 
(f) CONFORMING AMENDMENTS TO RULE G.— 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
133 
(1) Section 983(a)(4)(A) of title 18, United 
States Code, is amended by striking ‘‘except that 
such claim’’ and all that follows, up to the period. 
(2) Section 985(c)(1)(C) of title 18, United 
States Code, is amended to read as follows: 
‘‘(C) sending notice to the property owner, 
along with a copy of the complaint, in the man-
ner described in rule G(4)(b) of the Supple-
mental Rules for Admiralty or Maritime and 
Asset Forfeiture Claims.’’. 
(3) Chapter 46 of title 18, United States Code, 
is amended by striking ‘‘Supplemental Rules for 
Certain Admiralty and Maritime Claims’’ and insert-
ing ‘‘Supplemental Rules for Admiralty or Maritime 
and Asset Forfeiture Claims’’ each time it appears. 
SEC. 390. FRIVOLOUS CLAIMS BY PRISONERS. 
(a) IN GENERAL.—Section 1915(g) of title 28, 
United States Code is amended by adding the following 
at the end: ‘‘Motions and other actions seeking the return 
of administratively, civilly, or criminally forfeited property, 
or otherwise collaterally attacking a forfeiture declaration, 
order, or judgment, shall be considered civil actions for 
purposes of this subsection.’’. 
(b) SECTION 983(h).—Section 983(h)(3) of title 18, 
United States Code, is amended to read as follows: 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
134 
‘‘(3) In addition to the limitations of section 
1915 of title 28, United States Code, in no event 
shall a prisoner— 
‘‘(A) file a claim under a civil forfeiture 
statute; 
‘‘(B) appeal a judgment in a civil action or 
proceeding based on a civil forfeiture statute; 
‘‘(C) move for return of administratively, 
civilly, or criminally forfeited property; 
‘‘(D) otherwise collaterally attack a for-
feiture declaration, order, or judgment; or 
‘‘(E) appeal from the denial of any such 
motion or collateral attack, 
if the prisoner has, on 3 or more prior occasions, 
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 ex-
traordinary and exceptional circumstances.’’. 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
135 
TITLE IV—DRUG TRAFFICKING 
ENFORCEMENT 
Subtitle A—Regulation of Analogue 
Substances 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Controlled Substances 
Analogue Reform Act’’. 
SEC. 402. IDENTIFICATION OF ANALOGUES. 
(a) DEFINITION OF CONTROLLED SUBSTANCE ANA-
LOGUE.—Section 102(32) of the Controlled Substances 
Act (21 U.S.C. 802) is amended by striking subparagraph 
(A) and inserting the following: 
‘‘(A)(i) Except as provided in subparagraph 
(C), the term ‘controlled substance analogue’ means 
a substance that meets 1 or more of the following 
criteria: 
‘‘(I) The chemical structure is substan-
tially similar to the chemical structure of a con-
trolled substance in schedule I or II and either 
one of the following: 
‘‘(aa) The substance has a stimulant, 
depressant, or hallucinogenic effect on the 
central nervous system that is substantially 
similar to, or greater than the stimulant, 
depressant, or hallucinogenic effect on the 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
136 
central nervous system of a controlled sub-
stance in schedule I or II. 
‘‘(bb) With respect to a particular 
transaction or proposed transaction, a per-
son represents or intends that the sub-
stance has a stimulant, depressant, or hal-
lucinogenic effect on the central nervous 
system that is substantially similar to, or 
greater than the stimulant, depressant, or 
hallucinogenic effect on the central nervous 
system of a controlled substance in sched-
ule I or II. 
‘‘(II) The substance is listed in section 
203(b). 
‘‘(III) The substance has been designated 
by the Attorney General, by rule, in accordance 
with section 553 of title 5, as meeting at least 
1 of the following criteria: 
‘‘(aa) The chemical structure of the 
substance is substantially similar to the 
chemical structure of a controlled sub-
stance in schedule I or II. 
‘‘(bb) The substance meets the defini-
tion of a phenethylamine or a tryptamine 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
137 
under (paragraph (3) or (4) of section 
203(b)). 
‘‘(ii) No inference is intended or may be drawn 
by the failure of the Attorney General to designate 
a substance as an analogue under this subsection. 
The Attorney General is authorized to remove any 
substance from the list of analogues pursuant to his 
rulemaking authority.’’. 
(b) CONGRESSIONAL DESIGNATION OF SUBSTANCES 
AS ANALOGUES.—Section 203 of the Controlled Sub-
stances Act (21 U.S.C. 813) is amended— 
(1) by inserting ‘‘(a)’’ before the text in section 
813; and 
(2) by inserting at the end the following: 
‘‘(b) The following substances shall be deemed con-
trolled substance analogues as that term is used in 21 
U.S.C. 802(32)(A), and shall, to the extent intended for 
human consumption, be treated for the purposes of any 
Federal law as a controlled substance in schedule I: 
‘‘(1) Gamma butyrolactone (GBL). 
‘‘(2) 1,4-butanediol. 
‘‘(3) 
Phenethylamines, 
meaning 
any 
phenethylamine that meets 1 or more of the fol-
lowing conditions: 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
138 
‘‘(A) Any compound structurally derived 
from phenethylamine. 
‘‘(B) Any compound structurally derived 
from any N-alkylphenethylamine, any alpha- 
alkylphenethylamine, 
or 
any 
N-alkyl-alpha- 
alkylphenethylamine, by substitution on the 
ring to any extent with alkyl, cycloalkyl, 
cycloalkenyl, 
alkoxy, 
alkylthio, 
alkylhalide, 
alkylenedioxy, acyloxy, or halide substituents, 
whether or not further substituted on the ring 
by 1 or more other univalent substituents. 
‘‘(4) Tryptamines, meaning any tryptamine that 
meets 1 or more of the following conditions: 
‘‘(A) Has a secondary or tertiary amine 
formed by the substitution on the nitrogen 
atom of the 2-aminoethyl chain by various alkyl 
groups, whether in chain, or ring form (for ex-
ample, 
N-alkyltryptamine, 
N,N-dialkyltrypt- 
amine, N,N-tetramethylenetryptamine). 
‘‘(B) Has an alkyl substitution on the 
alpha position of the 2-aminoethyl chain (alpha- 
methyltryptamine or alpha-ethyltryptamine). 
‘‘(C) Has substituents on the indole ring 
system, including, but not restricted to, various 
alkyl chains, halogens, hydroxyl, alkoxy, acetyl, 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
139 
or alkylthio groups, at 1 or more positions ex-
cept the 1 (indole nitrogen) position.’’. 
(c) SEVERABILITY.—If a provision of this section is 
held invalid, all valid provisions that are severable shall 
remain in effect. If a provision is held invalid in 1 or more 
of its applications, the provision shall remain in effect in 
all its valid applications that are severable. 
Subtitle B—Clarification of Venue 
for Certain Drug Trafficking Of-
fenses 
SEC. 411. CLARIFICATION OF VENUE FOR CERTAIN DRUG 
TRAFFICKING OFFENSES. 
Section 1009 of the Controlled Substances Import 
and Export Act (21 U.S.C. 959) is amended to read as 
follows: 
‘‘POSSESSION, MANUFACTURE, OR DISTRIBUTION OF 
CONTROLLED SUBSTANCE 
‘‘SEC. 1009. (a) It shall be unlawful for any person 
to manufacture or distribute a controlled substance in 
schedule I or II or flunitrazepam or listed chemical— 
‘‘(1) intending that such substance or chemical 
will be unlawfully imported into the United States or 
into waters within a distance of 12 miles of the 
coast of the United States; or 
‘‘(2) knowing that such substance or chemical 
will be unlawfully imported into the United States or 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
140 
into waters within a distance of 12 miles of the 
coast of the United States. 
‘‘(b) POSSESSION, MANUFACTURE, OR DISTRIBUTION 
BY PERSON ON BOARD AIRCRAFT.—It shall be unlawful 
for any United States citizen on board any aircraft, or 
any person on board an aircraft owned by a United States 
citizen or registered in the United States, to— 
‘‘(1) manufacture or distribute a controlled sub-
stance or listed chemical; or 
‘‘(2) possess a controlled substance or listed 
chemical with intent to distribute. 
‘‘(c) ATTEMPT
OR CONSPIRACY TO COMMIT OF-
FENSE.—Any person who attempts or conspires to commit 
any offense defined in this section shall be subject to the 
same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or con-
spiracy. 
‘‘(d) ACTS COMMITTED OUTSIDE TERRITORIAL JU-
RISDICTION
OF UNITED STATES.—This section is in-
tended to reach acts of manufacture or distribution com-
mitted outside the territorial jurisdiction of the United 
States, including acts in furtherance of a conspiracy or 
attempt. This section shall apply even if some acts related 
to the conspiracy or attempt were committed within the 
United States. 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
141 
‘‘(e) VENUE.—Any person who violates this section 
shall be tried in the United States district court at the 
point of entry where such person enters the United States, 
or in the United States District Court for the District of 
Columbia. A prosecution for an attempt or conspiracy of-
fense under this section shall be tried in the United States 
district court at the point of entry where such person en-
ters the United States, or in the United States District 
Court for the District of Columbia.’’. 
TITLE V—CRIMINAL 
RESTITUTION IMPROVEMENT 
SEC. 501. MANDATORY RESTITUTION FOR FEDERAL OF-
FENSES. 
Title 18, United States Code, is amended by striking 
section 3663 and all that follows through section 3664 and 
inserting the following: 
‘‘§ 3663. Mandatory restitution 
‘‘(a) RESTITUTION
REQUIRED.—The court shall 
order a convicted defendant to make restitution for all pe-
cuniary loss to identifiable victims, including pecuniary 
loss resulting from physical injury to, or the death of, an-
other, proximately resulting from the offense. 
‘‘(b) TO WHOM MADE.— 
‘‘(1) GENERALLY.—The court shall order res-
titution be made to each victim of the offense. 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
142 
‘‘(2) DEFINITION OF VICTIM.—As used in this 
section and section 3664, the term ‘victim’ means— 
‘‘(A) each identifiable person or entity suf-
fering the pecuniary loss (and any successor to 
that person or entity); and 
‘‘(B) others, as agreed to in a plea agree-
ment or otherwise provided by law. 
‘‘(c) EXTENT OF RESTITUTION.—Restitution shall 
compensate the victim for all of the victim’s pecuniary 
loss, including— 
‘‘(1) an amount equal to the greater of the 
value of the property on the date of the damage, 
loss, or destruction or the value of the property on 
the date of sentencing; 
‘‘(2) an amount equal to the cost of necessary 
medical and related professional services and devices 
relating to physical, psychiatric, and psychological 
care, including nonmedical care and treatment ren-
dered in accordance with a method of healing recog-
nized by the law of the place of treatment; 
‘‘(3) an amount equal to the cost of necessary 
physical and occupational therapy and rehabilitation; 
‘‘(4) income lost by such victim as a result of 
such offense; 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS
143 
‘‘(5) lost income and necessary child care, 
transportation, and other expenses incurred during 
participation in the investigation or prosecution of 
the offense or attendance at proceedings related to 
the offense, including attorneys’ fees necessarily and 
reasonably incurred for representation of the victim 
except for payment of salaries of government law-
yers; and 
‘‘(6) in the case of an offense resulting in the 
death of the victim, an amount equal to the cost of 
necessary funeral and related services. 
‘‘(d) SPECIAL RULE FOR MISDEMEANORS.—In the 
case of a misdemeanor, an order of restitution may be in 
lieu of any other penalty. 
‘‘(e) ALTERNATIVE ARRANGEMENTS IN LIGHT OF 
PRACTICAL PROBLEMS.—The court shall provide as com-
plete a restitution to as many victims as possible, though 
not the full restitution to all victims otherwise required 
by this section, to the extent the court finds on the record 
that— 
‘‘(1) the number of identifiable victims is so 
large as to make restitution impracticable; or 
‘‘(2) determining complex issues of fact related 
to the cause or amount of a victim’s losses would 
complicate or prolong the sentencing process to such 
VerDate Aug 31 2005 
22:18 Jul 26, 2007
Jkt 059200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
PWALKER on PROD1PC71 with BILLS