1056 
claims investigation activities, 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 investiga-
tive agency or licensed security service for any pur-
pose permitted under this subsection. 
‘‘(9) For use by an employer or its agent or in-
surer to obtain or verify information relating to a 
holder of a commercial driver’s license that is re-
quired 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 individual motor vehicle records if the State has 
obtained the express consent of the person to whom 
such personal information pertains. 
‘‘(12) For bulk distribution for surveys, mar-
keting or solicitations if the State has obtained the 
express consent of the person to whom such personal 
information pertains. 
‘‘(13) For use by any requester, if the requester 
demonstrates it has obtained the written consent of 
the individual to whom the information pertains. 
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‘‘(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 vehi-
cle or public safety. 
‘‘(c) RESALE OR REDISCLOSURE.—An authorized re-
cipient of personal information (except a recipient under 
subsection (b)(11) or (12)) may resell or redisclose the in-
formation 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 information for any purpose. An au-
thorized recipient under subsection (b)(12) may resell or 
redisclose personal information pursuant to subsection 
(b)(12). Any authorized recipient (except a recipient under 
subsection (b)(11)) that resells or rediscloses personal in-
formation 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 
available to the motor vehicle department upon request. 
‘‘(d) WAIVER PROCEDURES.—A State motor vehicle 
department may establish and carry out procedures under 
which the department or its agents, upon receiving a re-
quest for personal information that does not fall within 
one of the exceptions in subsection (b), may mail a copy 
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of the request to the individual about whom the informa-
tion was requested, informing such individual of the re-
quest, together with a statement to the effect that the in-
formation will not be released unless the individual waives 
such individual’s right to privacy under this section. 
‘‘(e) PROHIBITION ON CONDITIONS.—No State may 
condition or burden in any way the issuance of an individ-
ual’s motor vehicle record to obtain express consent. Noth-
ing in this paragraph shall be construed to prohibit a 
State from charging an administrative fee for issuance of 
a motor vehicle record. 
‘‘§ 1542. Additional unlawful Acts 
‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It 
shall be unlawful for any person knowingly to obtain or 
disclose personal information, from a motor vehicle record, 
for any use not permitted under section 1541(b). 
‘‘(b) FALSE REPRESENTATION.—It shall be unlawful 
for any person to make false representation to obtain any 
personal information from an individual’s motor vehicle 
record. 
‘‘§ 1543. Penalties 
‘‘(a) CRIMINAL FINE.—Whoever knowingly violates 
this subchapter shall be fined under this title. 
‘‘(b) VIOLATIONS
BY
STATE
DEPARTMENT
OF 
MOTOR VEHICLES.—Any State department of motor vehi-
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cles that has a policy or practice of substantial noncompli-
ance with this chapter shall be subject to a civil penalty 
imposed by the Attorney General 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 liq-
uidated damages 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 litiga-
tion 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 vehicle title, motor vehicle registra-
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tion, or identification card issued by a department of 
motor vehicles; 
‘‘(2) the term ‘personal information’ means in-
formation that identifies an individual, including an 
individual’s photograph, social security number, driv-
er identification number, name, address (but not the 
5-digit zip code), telephone number, and medical or 
disability information, but does not include informa-
tion on vehicular accidents, driving violations, and 
driver’s status; 
‘‘(3) the term ‘highly restricted personal infor-
mation’ means an individual’s photograph or image, 
social security number, medical or disability infor-
mation; and 
‘‘(4) the term ‘express consent’ means consent 
in writing, including consent conveyed electronically 
that bears an electronic signature as defined in sec-
tion 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 pretenses 
‘‘Whoever knowingly obtains information on a con-
sumer from a consumer reporting agency under false pre-
tenses shall be imprisoned for not more than 2 years. 
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‘‘§ 1552. Unauthorized disclosures by officers or em-
ployees 
‘‘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 author-
ized 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 this sub-
chapter. 
‘‘CHAPTER 50—FORFEITURE 
‘‘Subchapter 
‘‘A. Property subject to forfeiture 
‘‘B. Civil forfeiture 
‘‘C. Criminal forfeiture 
‘‘SUBCHAPTER A—PROPERTY SUBJECT TO 
FORFEITURE 
‘‘Sec. 
‘‘2501. Forfeitable property. 
‘‘§ 2501. Forfeitable property 
‘‘As used in this chapter— 
‘‘(1) the term ‘forfeitable property’— 
‘‘(A) means any property, real or personal, tan-
gible or intangible, that is— 
‘‘(i) used or intended to be used to commit 
or facilitate the offense; 
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‘‘(ii) constituting, derived from, or trace-
able to proceeds of the offense; or 
‘‘(iii) substitute assets for property de-
scribed in subparagraph (A) or (B); and 
‘‘(B) in the case of a Federal crime of terrorism 
(as defined in section 273(g)(3)), includes all assets, 
foreign and domestic— 
‘‘(i) of any individual, entity, or organiza-
tion engaged in planning or perpetrating the 
act, and all assets, foreign or domestic, afford-
ing any person a source of influence over any 
such entity or organization; 
‘‘(ii) acquired or maintained by any person 
with the intent and for the purpose of sup-
porting, planning, conducting, or concealing the 
act; or 
‘‘(iii) derived from, involved in, or used or 
intended to be used to commit the act; and 
‘‘(2) the term ‘proceeds’ means all property ob-
tained directly or indirectly from the offense. 
‘‘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. 
‘‘2556. Subpoenas for bank records. 
‘‘2557. Anti-terrorist forfeiture protection. 
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‘‘§ 2551. Offenses giving rise to civil forfeiture 
‘‘(a) CRIMINALLY RELATED PROPERTY SUBJECT TO 
FORFEITURE.—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
FOR-
FEITURE.—The following offenses give rise to civil for-
feiture under this section: 
‘‘(1) A violation of section 508, 1451, or 1452. 
‘‘(2) An offense against a foreign nation, or any 
property used to facilitate such an offense, if the of-
fense— 
‘‘(A) involves trafficking in nuclear, chem-
ical, biological, or radiological weapons tech-
nology or material, or the manufacture, impor-
tation, sale, or distribution of a controlled sub-
stance, or any other conduct described in sec-
tion 1451(c)(7)(B); 
‘‘(B) would be punishable within the juris-
diction of the foreign nation by death or impris-
onment 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 consti-
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tuting the offense had occurred within the juris-
diction of the United States. 
‘‘(3) A violation of section 512, 612, 614, 644, 
645, 692-695, 697-702, 712, 716, 773–775, 779, 
783, 786, 787, 789, 804, 862, 863, or 1003 or any 
offense constituting ‘specified unlawful activity’ (as 
defined in section 1451(c)(7)). 
‘‘(4) A violation of— 
‘‘(A) section 653(a)(1) (relating to theft or 
concerning programs receiving Federal funds); 
‘‘(B) section 772 (relating to fraud and 
false statements); 
‘‘(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 institution); 
‘‘(E) section 801 (relating to mail fraud); 
or 
‘‘(F) section 803 (relating to wire fraud), 
if such violation relates to the sale of assets acquired 
or held by the Federal Deposit Insurance Corpora-
tion, as conservator or receiver for a financial insti-
tution, or any other conservator for a financial insti-
tution appointed by the Office of the Comptroller of 
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the Currency or the National Credit Union Adminis-
tration, as conservator or liquidating agent for a fi-
nancial institution. 
‘‘(5) A violation of— 
‘‘(A) section 717 (relating to altering or 
removing motor vehicle identification numbers); 
‘‘(B) section 866 (relating to importing or 
exporting stolen motor vehicles); 
‘‘(C) section 671 (relating to transporting 
stolen motor vehicles in interstate commerce); 
or 
‘‘(D) section 672 (relating to possessing or 
selling a stolen motor vehicle that has moved in 
interstate commerce). 
‘‘(6) A Federal crime of terrorism (as defined 
in section 273(g)(3)). 
‘‘(7) Any act of international terrorism (as de-
fined in section 283) against the United States, citi-
zens or residents of the United States, or their prop-
erty, against any international organization as de-
fined in the State Department Basic Authorities Act 
of 1956, or against any foreign government. 
‘‘(8) A violation of section 280. 
‘‘(9) A violation of chapter 17. 
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‘‘(10) A violation of subchapter D or F of chap-
ter 35. 
‘‘(11) A violation of section 221, 222, 223, or 
224, or subchapter B of chapter 13. 
‘‘(12) A violation of section 318, 505, 951, or 
1454. 
‘‘(13) A violation of section 675, 676, 677, 678, 
679, 680, or subchapter C of chapter 35. 
‘‘(c) APPLICATION
TO
OTHER
CIVIL
FORFEIT-
URES.—Unless otherwise specified, whenever a law of the 
United States provides for civil forfeiture, this subchapter 
applies to that forfeiture. 
‘‘§ 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 Treas-
ury or the United States Postal Service, the prop-
erty 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 
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Rules of Criminal Procedure, except that a seizure 
may be made without a warrant 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 Supple-
mental 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 law-
ful 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 agency. 
‘‘(3) Notwithstanding rule 41(a) of the Federal 
Rules of Criminal Procedure, a seizure warrant may 
be issued pursuant 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 executed in any dis-
trict in which the property is found, or transmitted 
to the central authority of any foreign state for serv-
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ice in accordance with any treaty or other inter-
national 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, the Attorney Gen-
eral may apply to any Federal judge or magistrate 
judge in the district in which the property is located 
for an ex parte order restraining the property sub-
ject 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 per-
son arrested or charged has property in the United 
States that would be subject to forfeiture, and shall 
contain a statement that the restraining order is 
needed to preserve the availability of property for 
such time as is necessary to receive evidence from 
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the foreign country or elsewhere in support of prob-
able 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 Gen-
eral, 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 having jurisdiction thereof. 
Whenever property is seized under this subsection, the At-
torney General, the Secretary of the Treasury, 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 Adminis-
tration take custody of the property and remove it, 
if practicable, to an appropriate location for disposi-
tion in accordance with law. 
‘‘(c) APPLICATION OF CUSTOMS LAWS.—For pur-
poses of this section, sections 602 through 619 of the Tar-
iff Act of 1930, insofar as they are applicable and not 
inconsistent with this section, apply to seizures and for-
feitures incurred, or alleged to have been incurred, under 
this section, except that such duties as are imposed upon 
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the customs officer or any other person with respect to 
the seizure and forfeiture of property under the customs 
laws shall be performed with respect to seizures and for-
feitures 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 Sec-
retary of the Treasury, or the Postal Service, as the case 
may be. The Attorney General shall have sole responsi-
bility for disposing of petitions for remission or mitigation 
with respect to property involved in a judicial forfeiture 
proceeding. 
‘‘(d) RETENTION
OR TRANSFER
OF FORFEITED 
PROPERTY.—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 seizure or forfeiture of the property; 
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‘‘(3) in the case of property referred to in sec-
tion 2551(b)(1), to any Federal financial institution 
regulatory agency— 
‘‘(A) to reimburse the agency for payments 
to claimants 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 receivership or liquidation; 
‘‘(4) in the case of property referred to in sec-
tion 2551(b)(1), upon the order of the appropriate 
Federal financial institution regulatory agency, to 
the financial institution as restitution, with the value 
of the property so transferred to be set off against 
any amount later recovered by the financial institu-
tion as compensatory damages in any State or Fed-
eral proceeding; 
‘‘(5) in the case of property referred to in sec-
tion 2551(b)(1), to any Federal financial institution 
regulatory agency, to the extent of the agency’s con-
tribution of resources to, or expenses involved in, the 
seizure and forfeiture, and the investigation leading 
directly to the seizure and forfeiture, of such prop-
erty; 
‘‘(6) as restoration to any victim of the offense 
giving rise to the forfeiture, including, in the case of 
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a money laundering offense, any offense constituting 
the underlying specified unlawful activity; or 
‘‘(7) in the case of property referred to in sec-
tion 2551(b)(3), to the Federal Deposit Insurance 
Corporation or any other Federal financial institu-
tion 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 for-
feited property to the appropriate State or local law en-
forcement agency so as to reflect generally the contribu-
tion of any such agency participating directly in any of 
the acts which led to the seizure or forfeiture of such prop-
erty. A decision by the Attorney General, the Secretary 
of the Treasury, or the Postal Service pursuant to para-
graph (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 pursu-
ant to this section to any non-Federal agency. The Attor-
ney General, 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 fil-
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ing of a complaint for forfeiture under this section, the 
Attorney General may seek dismissal of the complaint in 
favor of forfeiture proceedings under State or local law. 
Whenever forfeiture proceedings are discontinued by the 
United States in favor of State or local proceedings, the 
United States may transfer custody and possession of the 
seized property to the appropriate State or local official 
immediately upon the initiation of the proper actions by 
such officials. Whenever forfeiture proceedings are discon-
tinued by the United States in favor of State or local pro-
ceedings, notice shall be sent to all known interested par-
ties 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 determines that civil discovery will adversely 
affect the ability of the Government to conduct a re-
lated criminal investigation or the prosecution of a 
related criminal case. 
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‘‘(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 re-
lated criminal investigation or case; 
‘‘(B) the claimant has standing to assert a 
claim in the civil forfeiture proceeding; and 
‘‘(C) continuation of the forfeiture pro-
ceeding will burden the right of the claimant 
against self-incrimination in the related inves-
tigation or case. 
‘‘(3) With respect to the impact of civil dis-
covery described in paragraphs (1) and (2), the 
court may determine that a stay is unnecessary if a 
protective order limiting discovery would protect the 
interest of one party without unfairly limiting the 
ability of the opposing party to pursue the civil case. 
In no case, however, shall the court impose a protec-
tive order as an alternative to a stay if the effect of 
such protective order would be to allow one party to 
pursue discovery while the other party is substan-
tially unable to do so. 
‘‘(4) In this subsection, the terms ‘related 
criminal case’ and ‘related criminal investigation’ 
mean an actual prosecution or investigation in 
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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 pro-
ceeding, the court shall consider the degree of simi-
larity between the parties, witnesses, facts, and cir-
cumstances 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 Government may, in appropriate cases, submit 
evidence ex parte in order to avoid disclosing any 
matter that may adversely affect an ongoing crimi-
nal investigation or pending criminal trial. 
‘‘(6) Whenever a civil forfeiture proceeding is 
stayed pursuant 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) applies only to this subsection and 
does not preclude the Government from objecting to 
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means of computer processing of communica-
tions received by means of electronic trans-
mission from), a subscriber or customer of such 
service; 
‘‘(B) solely for the purpose of providing 
storage or computer 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 proc-
essing; and 
‘‘(3) a provider of remote computing service or 
electronic communication service to the public shall 
not knowingly divulge a record or other information 
pertaining to a subscriber to or customer of such 
service (not including the contents of communica-
tions covered by paragraph (1) or (2)) to any gov-
ernmental entity. 
‘‘(b) EXCEPTIONS FOR DISCLOSURE OF COMMUNICA-
TIONS.—A provider described in subsection (a) may di-
vulge the contents of a communication— 
‘‘(1) to an addressee or intended recipient of 
such communication or an agent of such addressee 
or intended recipient; 
VerDate Mar 15 2010 
02:47 May 18, 2011
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rfrederick on DSKD9S0YB1PROD with BILLS