HR 1745 IH
‘‘(A) an offense punishable under chapter
113B of this title (relating to terrorism);
‘‘(B) a violation of the National Firearms
Act (26 U.S.C. chapter 53);
‘‘(C) a violation of any of the following sec-
tions of the Federal explosives laws: subsections
(a) (1) and (3), (b) through (d), and (h)(1) of
section 842, and subsections (d) through (m) of
section 844; or
‘‘(D) any other offense enumerated in sec-
tion 2339A(a) of this title;
or a conspiracy to commit any such offense, shall
order the person to forfeit to the United States any
conveyance, chemicals, laboratory equipment, or
other material, article, apparatus, device or thing
made, possessed, fitted, used or intended to be used
to commit such offense, and any property traceable
to such property.’’
SEC. 312. FORFEITURE OF VEHICLES USED FOR GUN RUN-
NING.
(a) CIVIL FORFEITURE.—Section 981(a)(1) of title
18, United States Code, is amended by adding the follow-
ing subparagraph:
‘‘(G)(i) Any conveyance used or intended to be
used to commit a gun running offense, or conspiracy
HR 1745 IH
to commit such offense, and any property traceable
to such property.
(ii) For the purposes of this section, a gun run-
ning offense is a violation of any of the following
sections of this title involving five or more firearms:
section 922(i) (transporting stolen firearms); section
924(g) (travel with a firearm in furtherance of rack-
eteering); section 924(k) (stealing a firearm); and
section 924(m) (interstate travel to promote fire-
arms trafficking).
(b) CRIMINAL FORFEITURE.—Section 982(a) of title
18, United States Code, is amended by inserting the fol-
lowing new paragraph:
‘‘(6) The court, in imposing a sentence on a
person convicted of a gun running offense, as de-
fined in section 981(a)(1)(G), or a conspiracy to
commit such offense, shall order the person to forfeit
to the United States any conveyance used or in-
tended to be used to commit such offense, and any
property traceable to such conveyance.’’
SEC. 313. FORFEITURE OF CRIMINAL PROCEEDS TRANS-
PORTED IN INTERSTATE COMMERCE.
Section 1952 of title 18, United States Code, is
amended by adding the following subsection:
HR 1745 IH
‘‘(d)(1) Any proceeds distributed or intended to be
distributed in violation of subsection (a)(1) or a conspiracy
to commit such violation, or any property traceable to such
property, is subject to forfeiture to the United States in
accordance with the procedures set forth in section 981
of this title.
‘‘(2) The court, in imposing sentence on a person con-
victed of an offense in violation of subsection (a)(1) or
a conspiracy to commit such offense, shall order that the
person forfeit to the United States any proceeds distrib-
uted or intended to be distributed in the commission of
such offense, or any property traceable to such property,
in accordance with the procedures set forth in section 982
of this title.’’
SEC. 314. FORFEITURES OF PROCEEDS OF FEDERAL FOOD,
DRUG, AND COSMETIC ACT VIOLATIONS.
Chapter 9 of title 21, United States Code, is amended
by adding the following two new sections:
‘‘§ 311. Civil forfeiture of proceeds of Federal Food,
Drug, and Cosmetic Act Violations
‘‘(a) Any property, real or personal, that constitutes,
or is derived from or is traceable to the proceeds obtained
directly or indirectly from a criminal violation of, or a con-
spiracy to commit a criminal violation of, a provision of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
HR 1745 IH
301–395) shall be subject to judicial forfeiture to the
United States.
‘‘(b) The provisions of chapter 46 of title 18, United
States Code, relating to civil forfeitures shall extend to
a seizure or forfeiture under this section, insofar as appli-
cable and not inconsistent with the provisions hereof, ex-
cept that such duties as are imposed upon the Secretary
of the Treasury under chapter 46 shall be performed with
respect to seizures and forfeitures under this section by
such officers, agents, or other persons as may be author-
ized or designated for that purpose by the Secretary of
Health and Human Services.
‘‘§ 312. Criminal forfeiture of proceeds of Federal
Food, Drug, and Cosmetic Act violations
‘‘(a) Any person convicted of a violation of, or a con-
spiracy to violate, a provision of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301–395) shall forfeit to the
United States, irrespective of any provision of State law,
any property constituting, or derived from, any proceeds
the person obtained, directly or indirectly, as the result
of such violation. The court, in imposing sentence on such
person, shall order that the person forfeit to the United
States all property described in this subsection.
‘‘(b) Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administra-
HR 1745 IH
tive or judicial proceeding in relation thereto, shall be gov-
erned by the provisions of section 413 of the Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except for subsection 413(d) which shall not
apply to forfeitures under this section.’’
SEC. 315. FORFEITURE FOR FOOD STAMP FRAUD.
Section 15 of the Food Stamp Act of 1977 (7 U.S.C.
2024) is amended by adding at the end the following new
subsection:
‘‘(i) CIVIL FORFEITURE.—
‘‘(1) Any property, real or personal—
‘‘(A) used in a transaction or attempted
transaction, to commit or to facilitate the com-
mission of a violation (other than a mis-
demeanor) of subsection (b) or (c), or
‘‘(B) constituting, derived from, or trace-
able to proceeds of a violation of subsection (b)
or (c), shall be subject to forfeiture to the Unit-
ed States.
‘‘(2) The provisions of chapter 46 of title 18,
relating to civil forfeitures shall extend to a seizure
or forfeiture under this subsection, insofar as appli-
cable and not inconsistent with the provisions of this
subsection, except that such duties as are imposed
upon the Secretary of the Treasury under chapter
HR 1745 IH
46 shall be performed with respect to seizures and
forfeitures under this section by such officers,
agents, and other persons as may be designated for
that purpose by the Secretary of Agriculture.’’
SEC. 316. FORFEITURE FOR ODOMETER TAMPERING OF-
FENSES.
(a) CRIMINAL FORFEITURE.—Section 982(a)(5) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(D);
(2) by inserting ‘‘or’’ after the semicolon at the
end of sub-paragraph (E);
(3) by inserting the following after sub-para-
graph (E), as amended:
‘‘(F) section 32703 of title 49, United
States Code (motor vehicle odometer tamper-
ing);’’; and
(4) by adding the following after the last pe-
riod: ‘‘If the conviction was for a violation described
in subparagraph (F), the court shall also order the
forfeiture of any vehicles or other property involved
in the commission of the offense.’’
(b) CIVIL FORFEITURE.—Section 981(a)(1)(F) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (iv);
HR 1745 IH
(2) by striking the period at the end of clause
(v) and inserting ‘‘; or’’;
(3) by inserting the following after clause (v),
as amended:
‘‘(vi) section 32703 of title 49, United
States Code (motor vehicle odometer tamper-
ing).’’; and
(4) by adding the following after the last pe-
riod: ‘‘In the case of a violation described in clause
(vi), any vehicles or other property involved in the
commission of the offense shall also be subject to
forfeiture.’’
TITLE IV—MISCELLANEOUS FORFEITURE
AMENDMENTS
SEC. 401. USE OF FORFEITED FUNDS TO PAY RESTITUTION
TO CRIME VICTIMS AND REGULATORY AGEN-
CIES.
Section 981 of title 18, United States Code, is
amended—
(1) by amending subsection (e)(6) to read as
follows:
‘‘(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’’;
HR 1745 IH
(2) in subsections (e) (3), (4) and (5), by strik-
ing ‘‘in the case of property referred to in subsection
(a)(1)(C)’’ and inserting ‘‘in the case of property
forfeited in connection with an offense resulting in
a pecuniary loss to a financial institution or regu-
latory agency’’; and
(3) in subsection (e)(7), by striking ‘‘in the case
of property referred to in subsection (a)(1)(D)’’ and
inserting ‘‘in the case of property forfeited in con-
nection with an offense relating to the sale of assets
acquired or held by any Federal financial institution
or regulatory agency, or person appointed by such
agency, as receiver, conservator or liquidating agent
for a financial institution’’.
SEC. 402. ENFORCEMENT OF FOREIGN FORFEITURE JUDG-
MENT.
(a) IN GENERAL.—Chapter 163 of title 28, United
States Code, is amended by inserting the following new
section:
‘‘§ 2466. Enforcement of foreign forfeiture judgment
‘‘(a) DEFINITIONS.—As used in this section—
‘‘(1) ‘Foreign nation’ shall mean a country that
has become a party to the United Nations Conven-
tion Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (hereafter ‘the United Na-
HR 1745 IH
tions Convention’) or a foreign jurisdiction with
which the United States has a treaty or other formal
international agreement in effect providing for mu-
tual forfeiture assistance.
‘‘(2) ‘Value based confiscation judgment’ shall
mean a final order of a foreign nation compelling a
defendant, as a consequence of his or her criminal
conviction for an offense described in article 3, para-
graph 1, of the United Nations Convention, to pay
a sum of money representing the proceeds of such
offense, or property the value of which corresponds
to such proceeds.
‘‘(b) REVIEW BY ATTORNEY GENERAL.—A foreign
nation seeking to have its value based confiscation judg-
ment registered and enforced by a United States district
court under this section must first submit a request to
the Attorney General or his or her designee. Such request
shall include:
‘‘(1) a summary of the facts of the case and a
description of the criminal proceeding which resulted
in the value-based confiscation judgment;
‘‘(2) certified copies of the judgment of convic-
tion and value-based confiscation judgment;
‘‘(3) an affidavit or sworn declaration establish-
ing that the defendant received notice of the pro-
HR 1745 IH
ceedings in sufficient time to enable him or her to
defend against the charges that the value-based
confiscation judgment rendered is in force and is not
subject to appeal;
‘‘(4) an affidavit or sworn declaration that all
reasonable efforts have been undertaken to enforce
the value-based confiscation judgment against the
defendant’s property, if any, in the foreign country;
and
‘‘(5) such additional information and evidence
as may be required by the Attorney General or his
or her designee.
The Attorney General or his or her designee, in consulta-
tion with the Secretary of State or his or her designee,
shall determine whether to certify the request, and such
decision shall be final and not subject to either judicial
review or review under the Administrative Procedures Act,
5 U.S.C. 551 et seq.
‘‘(c) JURISDICTION AND VENUE.—Where the Attor-
ney General or his or her designee certifies a request
under subsection (b), the foreign nation may file a civil
proceeding in United States district court seeking to en-
force the foreign value based confiscation judgment as if
the judgment had been entered by a court in the United
States. In such a proceeding, the foreign nation shall be
HR 1745 IH
the plaintiff and the person against whom the value-based
confiscation judgment was entered shall be the defendant.
Venue shall lie in the district court for the District of Co-
lumbia or in any other district in which the defendant or
the property that may be the basis for satisfaction of a
judgment under this section may be found. The district
court shall have personal jurisdiction over a defendant re-
siding outside of the United States if the defendant is
served with process in accordance with rule 4 of the Fed-
eral Rules of Civil Procedure.
‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.—
(1) Except as provided in paragraph (2), the district court
shall enter such orders as may be necessary to enforce
the value-based confiscation judgment on behalf of the for-
eign nation where it finds that all of the following require-
ments have been met:
‘‘(A) the value-based confiscation judgment
was rendered under a system which provides
impartial tribunals or procedures compatible
with the requirements of due process of law;
‘‘(B) the foreign court had personal juris-
diction over the defendant;
‘‘(C) the foreign court had jurisdiction over
the subject matter;
HR 1745 IH
‘‘(D) the defendant in the proceedings in
the foreign court received notice of the proceed-
ings in sufficient time to enable him or her to
defend; and
‘‘(E) the judgment was not obtained by
fraud.
Process to enforce a judgment under this section will be
in accordance with rule 69(a) of the Federal Rules of Civil
Procedure.
‘‘(e) FINALITY
OF FOREIGN FINDINGS.—Upon a
finding by the district court that the conditions set forth
in subsection (d) have been satisfied, the court shall be
bound by the findings of facts insofar as they are stated
in the foreign judgment of conviction and value-based
confiscation judgment.
‘‘(f) CURRENCY CONVERSION.—Insofar as a value
based confiscation judgment requires the payment of a
sum of money, the rate of exchange in effect at time when
the suit to enforce is filed by the foreign nation shall be
used in calculating the amount stated in the judgment
submitted for registration.’’
(b) CONFORMING AMENDMENT.—The chapter analy-
sis for chapter 163, title 28, United States Code, is
amended by inserting the following at the end:
‘‘2466. Enforcement of foreign forfeiture judgment’’
HR 1745 IH
SEC. 403. MINOR AND TECHNICAL AMENDMENTS RELATING
TO 1992 FORFEITURE AMENDMENTS.
(a) CRIMINAL FORFEITURE.—Section 982(b) of title
18, United States Code, is amended in subsection (b)(2),
by striking ‘‘The substitution’’ and inserting ‘‘With re-
spect to a forfeiture under subsection (a)(1), the substi-
tution’’.
(b) FUNGIBLE PROPERTY.—Section 984 of title 18,
United States Code, is amended—
(1) by striking subsection (a) and redesignating
the remaining subsections as (a), (b), and (c), re-
spectively;
(2) by amending subsection (b) (as redesig-
nated) to read as follows:
‘‘(b) The provisions of this section may be invoked
only if the action for forfeiture was commenced by a sei-
zure or an arrest in rem within two years of the offense
that is the basis for the forfeiture.’’;
(3) by amending subsection (c)(1) (as redesig-
nated) to read as follows:
‘‘(c)(1) Subsection (a) shall not apply to an action
against funds held by a financial institution in an inter-
bank account unless the account holder knowingly engaged
in the offense that is the basis for the forfeiture.’’;
(4) by adding the following new paragraph to
subsection (c) (as redesignated):
HR 1745 IH
‘‘(3) As used in this subsection, a ‘financial in-
stitution’ includes a foreign bank, as defined in
paragraph 7 of section 1(b) of the International
Banking Act of 1978.’’; and
(5) by adding the following new subsection:
‘‘(d) Nothing in this section is intended to limit the
ability of the Government to forfeit property under any
statute where the property involved in the offense giving
rise to the forfeiture or property traceable thereto is avail-
able for forfeiture.’’
(c) SUBPOENAS
FOR
BANK
RECORDS.—Section
986(a) of title 18, United States Code, is amended by—
(1) striking ‘‘section 1956, 1957 or 1960 of
this title, section 5322 or 5324 of title 31, United
States Code’’ and inserting ‘‘section 981 of this
title’’; and
(2) striking the last sentence.
(d) CIVIL MONEY LAUNDERING ENFORCEMENT.—
Section 1956(b) of title 18, United States Code, is amend-
ed—
(1) by redesignating the present matter as
paragraph (1), and the present paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively; and
(2) by inserting the following new paragraphs:
HR 1745 IH
‘‘(2) For purposes of adjudicating an action
filed or enforcing a penalty ordered under this sec-
tion, the district courts shall have jurisdiction over
any foreign person, including any financial institu-
tion registered in a foreign country, that commits an
offense under subsection (a) involving a financial
transaction that occurs in whole or in part in the
United States; Provided, That service of process
upon such foreign person is made under the Federal
Rules of Civil Procedure or the laws of the country
where the foreign person is found.
‘‘(3) The court may issue a pretrial restraining
order or take any other action necessary to ensure
that any bank account or other property held by the
defendant in the United States is available to satisfy
a judgment under this section.’’
(e) DEFINITION OF FINANCIAL INSTITUTION.—Sec-
tion 5312(a)(2) of title 31, United States Code, is amend-
ed by redesignating subparagraphs (Y) and (Z) as (Z) and
(AA), respectively, and by inserting the following new sub-
paragraph after subparagraph (X):
‘‘(Y) a bail bondsman;’’.
(f) Section 981(d) of title 18, United States Code,
is amended by striking ‘‘sale of this section’’ and inserting
‘‘sale of such property.’’
HR 1745 IH
SEC. 404. CIVIL FORFEITURE OF COINS AND CURRENCY IN
CONFISCATED GAMBLING DEVICES.
Section 7 of Public Law 81–906 (15 U.S.C. 1177)
is amended—
(1) by inserting ‘‘Any coin or currency con-
tained in any gambling device at the time of its sei-
zure pursuant to the preceding sentence shall also be
seized and forfeited to the United States.’’ after the
first sentence; and
(2) in the last sentence, by inserting ‘‘, coins,
or currency’’ after ‘‘gambling devices’’.
SEC. 405. DRUG PARAPHERNALIA TECHNICAL AMEND-
MENTS.
(a) Section 511(a)(10) of the Controlled Substances
Act (21 U.S.C. 881(a)(10)) is amended by striking ‘‘857
of this title’’ and inserting ‘‘422 of this subchapter (21
U.S.C. 863)’’.
(b) Section 422 of the Controlled Substances Act (21
U.S.C. 863) is amended:
(1) by deleting subsection (c); and
(2) by redesignating subsections (d), (e), and
(f) to be subsections (c), (d), and (e).
HR 1745 IH
SEC. 406. AUTHORIZATION TO SHARE FORFEITED PROP-
ERTY WITH COOPERATING FOREIGN GOV-
ERNMENTS.
(a) IN GENERAL.—Section 981(i)(1) of title 18,
United States Code, is amended by striking ‘‘this chapter’’
and inserting ‘‘any provision of Federal law’’.
(b) CONFORMING AMENDMENT.—Section 511(e)(1)
of the Controlled Substances Act is amended by striking
‘‘; or’’ and all of subparagraph (E) and inserting a period.
SEC. 407. FORFEITURE OF COUNTERFEIT PARAPHERNALIA.
Section 492 of title 18, United States Code, is
amended—
(1) by striking the third and fourth undesig-
nated paragraphs;
(2) by designating the remaining paragraphs as
subsections (a) and (b);
(3) by adding the following new subsections:
‘‘(c) For the purposes of this section, the provisions
of the customs laws relating to the seizure, summary and
judicial forfeiture, condemnation of property for violation
of the customs laws, the disposition of such property or
the proceeds from the sale of such property, the remission
or mitigation of such forfeitures, and the compromise of
claims (19 U.S.C. 1602 et seq.), insofar as they are appli-
cable and not inconsistent with the provisions of this sec-
tion, shall apply to seizures and forfeitures incurred, or
HR 1745 IH
alleged to have been incurred, under this section, except
that the duties as are imposed upon the customs officer
or any other person with respect to the seizure and forfeit-
ure of property 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 designated for that purpose by the
Secretary of the Treasury.
‘‘(d) All seizures and civil judicial forfeitures pursu-
ant to subsection (a) shall be governed by the procedures
set forth in chapter 46 of this title pertaining to civil for-
feitures. The Attorney General shall have sole responsibil-
ity for disposing of petitions for remission or mitigation
with respect to property involved in a judicial forfeiture
proceeding.
‘‘(e) A court in sentencing a person for a violation
of this chapter or of sections 331–33, 335, 336, 642, or
1720 of this title, shall order the person to forfeit the
property described in subsection (a) in accordance with the
procedures set forth in section 982 of this title.’’; and
(4) in subsection (b), as so designated by this
section, by striking ‘‘fined not more than $100’’ and
inserting ‘‘fined under this title’’.
HR 1745 IH
SEC. 408. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL
FORFEITURE THROUGH BANKRUPTCY.
Section 413(a) of the Controlled Substances Act (21
U.S.C. 853(a)) is amended by inserting ‘‘, or of any bank-
ruptcy proceeding instituted after or in contemplation of
a prosecution of such violation’’ after ‘‘shall forfeit to the
United States, irrespective of any provision of State law’’.
SEC. 409. STATUTE OF LIMITATIONS FOR CIVIL FORFEIT-
URE ACTIONS.
(a) IN GENERAL.—Section 621 of the Tariff Act of
1930 (19 U.S.C. 1621) is amended by inserting ‘‘, or in
the case of forfeiture, within five years after the time when
the involvement of the property in the alleged offense was
discovered’’ after ‘‘within five years after the time when
the alleged offense was discovered’’.
(b) FIRREA CASES.—Section 981(a) of title 18,
United States Code, is amended by adding at the end a
new paragraph, as follows:
‘‘(3) An action seeking the forfeiture of prop-
erty described in subparagraph (a)(1)(C) arising out
of an offense affecting a financial institution or the
conservator or receiver of a financial institution may
be commenced not later than ten years after the dis-
covery of the involvement of the property in the act
giving rise to the forfeiture. This paragraph shall
apply to any forfeiture action not barred by the expi-
HR 1745 IH
ration of the limitation period provided by section
621 of the Tariff Act of 1930 (19 U.S.C. 1621) at
the time this paragraph became effective.’’
SEC. 410. ASSETS FORFEITURE FUND AND PROPERTY DIS-
POSITION.
(a) TECHNICAL AMENDMENTS.—Section 524 of title
28, United States Code, is amended—
(1) in paragraph (c)(1) by striking ‘‘and’’ at
the end of subparagraph (H), by striking the second
subparagraph (I) that begins with ‘‘after all reim-
bursements’’ and ends with ‘‘correctional institu-
tions’’, and by inserting ‘‘and’’ following the semi-
colon at the end of the remaining subparagraph (I);
(2) in paragraph (c)(3), by deleting ‘‘(F)’’ and
inserting ‘‘(G)’’;
(3) in subparagraph (c)(4)(C) by deleting
‘‘(g)(4)(A)(ii)’’;
(4) in subparagraph (c)(8)(A), by striking
‘‘(A)(iv), (B), (F), (G), and (H)’’ and inserting
‘‘(A)(ii), (B), (F), and (G)’’; and
(5) by repealing paragraph (c)(6), and renum-
bering paragraphs (c)(7) through (c)(11) as para-
graphs (c)(6) through (c)(10).
HR 1745 IH
(b) DISPOSAL OF FORFEITED PROPERTY.—Section
524(c)(8) of title 28, United States Code, as redesignated
by this section, is amended to read as follows:
‘‘(8) Following the completion of procedures for
the forfeiture of property pursuant to any law en-
forced or administered by the Department, the At-
torney General, under such terms and conditions as
the Attorney General shall specify, is authorized to:
‘‘(A) destroy the property if it is unsuit-
able for public use or sale, or uneconomical to
market;
‘‘(B) 
transfer 
the 
property 
to 
any
lienholder (including taxing authorities) or
mortgagee in lieu of the compromise and pay-
ment of a valid lien or mortgage against the
property;
‘‘(C) disburse all or part of an amount for-
feited as restoration to any victim of the offense
giving rise to the forfeiture, or any other of-
fense that was part of the same scheme, con-
spiracy, or pattern of criminal activity, includ-
ing, in the case of a money laundering offense,
any offense constituting the underlying speci-
fied unlawful activity, in accordance with the
relevant forfeiture statute;
HR 1745 IH
‘‘(D) dispose of the property by public sale
or any other commercially feasible means; or re-
quest the General Services Administration to
take custody of the property and to dispose of
it in accordance with law;
‘‘(E) place the property into official use or
transfer the property to any other federal agen-
cy for official use;
‘‘(F) transfer the property to foreign gov-
ernments pursuant to section 981(i) of title 18,
United States Code;
‘‘(G) transfer the property, or the net pro-
ceeds of sale of the property, to State or local
law enforcement agencies that participated di-
rectly in any of the acts that led to the seizure
or forfeiture of the property, in accordance with
section 981(e) of title 18, United States Code;
section 511(e)(3) of the Controlled Substances
Act (21 U.S.C. 881(e)(3)); or any other provi-
sion of law pertaining to the equitable sharing
of forfeited property;
‘‘(H) transfer real or personal property
that is uneconomical to store, maintain, or mar-
ket to a State or local government agency for
use to support drug abuse treatment, drug and
HR 1745 IH
crime prevention and education, housing, job
skills, and other community-based public health
and safety programs, upon agreement by the
recipient government to accept liability for the
compromise or settlement of any mortgages,
liens, petitions or other claims against the prop-
erty;
‘‘(I) make any other disposition authorized
by law; and
‘‘(J) warrant clear title to any subsequent
purchaser or transferee of such property.
The Attorney General shall make due provision for
the property rights of innocent persons in disposing
of forfeited property. Election of the method of dis-
position is solely within the discretion of the Attor-
ney General. Final orders of judgment for damages
arising from any warranty of title by the Attorney
General shall be satisfied pursuant to section 1304
of title 31, United States Code, in the same manner
and to the same extent as other judgments for dam-
ages. A decision by the Attorney General pursuant
to this subsection shall not be subject to review.’’
(c) DEPOSIT FROM SETTLEMENT IN LIEU OF FOR-
FEITURE.—Section 524(c)(4)(A) of title 28, United States
HR 1745 IH
Code, is amended by inserting ‘‘, or from any settlement
in lieu of forfeiture,’’ before ‘‘under any law’’.
(d) 
DEPOSITS
INTO
THE
FUND.—Section
524(c)(4)(B) of title 28, United States Code, is amended
by inserting ‘‘, and all amounts representing reimburse-
ment or recovery of costs paid by the Fund’’ immediately
prior to the semicolon.
(e) PAYMENT
OF FOREIGN JUDGMENTS.—Section
524(c)(1) of title 28, United States Code, is amended by
inserting the following new subparagraph (J) immediately
following subparagraph (I):
‘‘(J) at the discretion of the Attorney Gen-
eral, payments to return forfeited property re-
patriated to the United States by a foreign gov-
ernment or others acting at the direction of a
foreign government, and interest earned on
such property, subject to the following condi-
tions:
‘‘(i) a final foreign judgment entered
against a foreign government or those act-
ing at its direction, which foreign judgment
was based on the measures, such as sei-
zure and repatriation of property, that re-
sulted in deposit of the funds into the
Fund;
HR 1745 IH
‘‘(ii) such foreign judgment was en-
tered and presented to the Attorney Gen-
eral within five years of the date that the
property was repatriated to the United
States;
‘‘(iii) the foreign government or those
acting at its direction vigorously defended
its actions under its own laws; and
‘‘(iv) the amount of the disbursement
does not exceed the amount of funds de-
posited to the Fund, plus interest earned
on 
such 
funds 
pursuant 
to 
section
524(c)(5) of title 28 United States Code,
less any awards and equitable shares paid
by the Fund to the foreign government or
those acting at its direction in connection
with a particular case.’’.
(f) EXCESS SURPLUS FUNDS.—Section 524(c)(7) of
title 28, United States Code, as redesignated by this sec-
tion, is amended by deleting all versions of subparagraph
‘‘(E)’’ and inserting the following in place thereof:
‘‘(E) Subject to the notification procedures contained
in section 605 of Public Law 103–317, and after satisfy-
ing the transfer requirement in subparagraph (B) of this
paragraph, any excess unobligated balance remaining in
HR 1745 IH
the Fund on September 30, 1996, and on September 30
of each fiscal year thereafter, shall be available to the At-
torney General, without fiscal year limitation, for any Fed-
eral law enforcement, litigative/prosecutive, and correc-
tional activities, or any other authorized purpose of the
Department of Justice. Any Amounts provided pursuant
to this subparagraph may be used under authorities avail-
able to the organization receiving the funds.’’
(g) 
REMISSION
AND
MITIGATION.—Section
524(c)(1)(E) of title 28, United States Code, is amended
to read as follows:
‘‘(E) disbursements authorized in connec-
tion with remission or mitigation procedures or
other actions pursuant to the Attorney Gen-
eral’s statutory authority relating to property
forfeited under any law enforced or adminis-
tered by the Department of Justice;’’
SEC. 411. CLARIFICATION OF SECTION 877 OF TITLE 21,
UNITED STATES CODE.
Section 507 of the Controlled Substances Act (21
U.S.C. 877) is amended to add at the end the following
sentence: ‘‘This section does not apply to any findings,
conclusions, rulings, decisions, or declarations of the At-
torney General, or any designee of the Attorney General,