‘‘(A) to conduct full discovery on the Eighth
Amendment issue; and
‘‘(B) to place such evidence as may be relevant
to the excessive fines determination before the court
in affidavits or at an evidentiary hearing.
‘‘(l) PRE-DISCOVERY STANDARD.—In a judicial pro-
ceeding on the forfeiture of property, the Government
shall not be required to establish the forfeitability of the
property before the completion of discovery pursuant to
the Federal Rules of Civil Procedure, particularly Rule
56(f) as may be ordered by the court or if no discovery
is ordered before trial.
‘‘(m) APPLICABILITY.—The procedures set forth in
this section apply to any civil forfeiture action brought
under any provision of this title, the Controlled Substances
Act, or the Immigration and Naturalization Act.’’.
(b) CONFORMING AMENDMENT.—Section 274(b)(5)
of the Immigration and Naturalization Act (8 U.S.C.
1324(b)(5)) is amended—
(1) by striking ‘‘the burden of proof shall lie
upon such claimant, except that probable cause shall
be first shown for the institution of such suit or ac-
tion. In determining whether probable cause exists,’’;
and
(2) by adding after and below subparagraph (C)
the following:
‘‘The procedures set forth in chapter 46 of title 18, United
States Code, shall govern judicial forfeiture actions under
this section.’’
(c) STRIKING SUPERSEDED PROVISIONS.—(1) Sec-
tion 981(a) of title 18, United States Code, is amended
by—
(A) striking paragraph (2); and
(B) striking ‘‘Except as provided in paragraph
(2), the’’ and inserting ‘‘The’’.
(2) Paragraphs (4), (6), and (7) of section 511(a)
of the Controlled Substances Act (21 U.S.C. 881(a)) are
each amended by striking ‘‘, except that’’ and all that fol-
lows, each time it appears and inserting a period.
(3) Paragraphs (2) and (3) of section 2254(a) of title
18, United States Code, are each amended by striking ‘‘,
except that’’ and all that follows, each time it appears and
inserting a period.
(4) Section 274(b)(1) of the Immigration and Natu-
ralization Act (8 U.S.C. 1324(b)(1)) is amended by strik-
ing ‘‘, except that’’ and all that follows and inserting a
period.
(d) RELEASE OF PROPERTY.—Chapter 46 of title 18,
United States Code, is amended to add the following sec-
tion after section 984:
‘‘§ 985. Release of property to avoid hardship
‘‘(a) A person who has filed a claim under section
983 is entitled to release pursuant to subsection (b) of
seized property pending trial if—
‘‘(1) the claimant has a possessory interest in
the property sufficient to establish standing to con-
test forfeiture and has filed a nonfrivolous claim on
the merits of the forfeiture action;
‘‘(2) the claimant has sufficient ties to the com-
munity to provide assurance that the property will
be available at the time of the trial;
‘‘(3) the continued possession by the United
States Government pending the final disposition of
forfeiture proceedings will cause substantial hard-
ship to the claimant, such as preventing the claim-
ant from working, leaving the claimant homeless, or
preventing the functioning of a business;
‘‘(4) the claimant’s hardship outweighs the risk
that the property will be destroyed, damaged, lost,
concealed, diminished in value or transferred if it is
returned to the claimant during the pendency of the
proceeding; and
‘‘(5) none of the conditions set forth in sub-
section (c) applies;
‘‘(b)(1) The claimant may make a request for the re-
lease of property under this subsection at any time after
the claim is filed. If, at the time the request is made, the
seizing agency has not yet referred the claim to a United
States Attorney pursuant to section 608 of the Tariff Act
of 1930 (19 U.S.C. 1608), the request may be filed with
the seizing agency; otherwise the request must be filed
with the United States Attorney to whom the claim was
referred. In either case, the request must set forth the
basis on which the requirements of subsection (a)(1) are
met.
‘‘(2) If the seizing agency, or the United States At-
torney, as the case may be, denies the request or fails to
act on the request within 20 days, the claimant may file
the request as a motion for the return of seized property
in the district court for the district represented by the
United States Attorney to whom the claim was referred,
or if the claim has not yet been referred, in the district
court that issued the seizure warrant for the property, or
if no warrant was issued, in any district court that would
have jurisdiction to consider a motion for the return of
seized property under Rule 41(e), Federal Rules of Crimi-
nal Procedure. The motion must set forth the basis on
which the requirements of subsection (a) have been met
and the steps the claimant has taken to secure the release
of the property from the appropriate official.
‘‘(3) The district court must act on a motion made
pursuant to this subsection within 30 days or as soon
thereafter as practicable, and must grant the motion if
the claimant establishes that the requirements of sub-
section (a) have been met. If the court grants the motion,
the court must enter any order necessary to ensure that
the value of the property is maintained while the forfeiture
action is pending, including permitting the inspection,
photographing and inventory of the property, and the
court may take action in accordance with Rule E of the
Supplemental Rules for Certain Admiralty and Maritime
Cases. The Government is authorized to place a lien
against the property or to file a lis pendens to ensure that
it is not transferred to another person. The Government,
in responding to a motion under this subsection, may, in
appropriate cases, submit evidence ex parte in order to
avoid disclosing any matter relating to an ongoing crimi-
nal investigation or pending trial.
‘‘(4) If property returned to the claimant under this
section is lost, stolen, or diminished in value, any insur-
ance proceeds shall be paid to the United States and such
proceeds shall be subject to forfeiture in place of the prop-
erty originally seized.
‘‘(c) This section shall not apply if the seized prop-
erty—
‘‘(1) is contraband, currency or other monetary
instrument, or electronic funds unless such currency
or other monetary instrument or electronic funds
constitutes the assets of a business which has been
seized,
‘‘(2) is evidence of a violation of the law,
‘‘(3) by reason of design or other characteristic,
is particularly suited for use in illegal activities; or
‘‘(4) is likely to be used to commit additional
criminal acts if returned to the claimant.’’
‘‘(d) Once a motion for the release of property under
this section is filed, the person filing the motion may re-
quest that the motion be transferred to another district
where venue for the forfeiture action would lie under sec-
tion 1355(b) of title 28 pursuant to the change of venue
provisions in section 1404 of title 28.’’.
(e) CHAPTER ANALYSIS.—The chapter analysis for
chapter 46 of title 18, United States Code, is amended—
(1) by inserting after the item relating to sec-
tion 982 the following:
‘‘983. Civil forfeiture procedures’’; and
(2) by inserting after the item relating to sec-
tion 984 the following:
‘‘985. Release of property to avoid hardship’’.
(f) CIVIL
FORFEITURE
OF
PROCEEDS.—Section
981(a)(1) of title 18, United States Code, is amended—
(1) in subparagraph (C) by inserting before the
period the following: ‘‘or any offense constituting
‘specified unlawful activity’ as defined in section
1956(c)(7) of this title or a conspiracy to commit
such offense’’; and
(2) by striking subparagraph (E).
(g) CRIMINAL FORFEITURE OF PROCEEDS.—Section
982(a)(2) of title 18, United States Code, is amended
by—
(1) striking ‘‘or’’ at the end of subparagraph
(A);
(2) inserting ‘‘or’’ after the comma at the end
of subparagraph (B); and
(3) inserting the following after subparagraph
(B):
‘‘(C) any offense constituting ‘specified unlaw-
ful activity’ as defined in section 1956(c)(7) of this
title,’’.
(h) UNIFORM DEFINITION OF PROCEEDS.—(1) Sec-
tion 981(a) of title 18, United States Code, as amended
by subsection (c), is amended—
(A) in paragraph (1), by striking ‘‘gross re-
ceipts’’ and ‘‘gross proceeds’’ wherever those terms
appear and inserting ‘‘proceeds’’; and
(B) by adding the following after paragraph
(1):
‘‘(2) For purposes of paragraph (1), the term ‘pro-
ceeds’ means property of any kind obtained, directly or
indirectly, as the result of the commission of the offense
giving rise to forfeiture, and any property traceable there-
to, and is not limited to the net gain or profit realized
from the commission of the offense. In a case involving
the forfeiture of proceeds of a fraud or false claim under
paragraph (1)(C) involving billing for goods or services
part of which are legitimate and part of which are not
legitimate, the court shall allow the claimant a deduction
from the forfeiture for the amount obtained in exchange
for the legitimate goods or services. In a case involving
goods or services provided by a health care provider, such
goods or services are not ‘legitimate’ if they were unneces-
sary.
‘‘(3) For purposes of the provisions of subparagraphs
(B) through (H) of paragraph (1) which provide for the
forfeiture of proceeds of an offense or property traceable
thereto, where the proceeds have been commingled with
or invested in real or personal property, only the portion
of such property derived from the proceeds shall be re-
garded as property traceable to the forfeitable proceeds.
Where the proceeds of the offense have been invested in
real or personal property that has appreciated in value,
whether the relationship of the property to the proceeds
is too attenuated to support the forfeiture of such property
shall be determined in accordance with the excessive fines
clause of the Eighth Amendment.’’
(2) Section 982 of title 18, United States Code, is
amended—
(A) in subsection (a), by striking ‘‘gross re-
ceipts’’ and ‘‘gross proceeds’’ wherever those terms
appear and inserting ‘‘proceeds’’; and
(B) in subsection (b), by adding at the end the
following:
‘‘(3) For purposes of subsection (a), the term ‘pro-
ceeds’ has the meaning set forth in section 981(a)(2).’’
SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED PROP-
ERTY.
(a) TORT CLAIMS ACT.—Section 2680(c) of title 28,
United States Code, is amended—
(1) by striking ‘‘law-enforcement’’ and inserting
‘‘law enforcement’’; and
(2) by inserting before the period the following:
‘‘, except that the provisions of this chapter and sec-
tion 1346(b) of this title do apply to any claim based
on the negligent destruction, injury, or loss of goods,
merchandise, or other property, while in the posses-
sion of any officer of customs or excise or any other
law enforcement officer, if the property was seized
for the purpose of forfeiture but the interest of the
claimant is not forfeited’’.
(b) DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—With respect to a claim that
cannot be settled under chapter 171 of title 28,
United States Code, the Attorney General may set-
tle, for not more than $50,000 in any case, a claim
for damage to, or loss of, privately owned property
caused by an investigative or law enforcement officer
(as defined in section 2680(h) of title 28, United
States Code) who is employed by the Department of
Justice acting within the scope of his or her employ-
ment.
(2) LIMITATIONS.—The Attorney General may
not pay a claim under paragraph (1) that—
(A) is presented to the Attorney General
more than 1 year after it occurs; or
(B) is presented by an officer or employee
of the United States Government and arose
within the scope of employment.
SEC. 4. PREJUDGMENT AND POSTJUDGMENT INTEREST.
Section 2465 of title 28, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Upon’’; and
(2) adding at the end the following:
‘‘(b) INTEREST.—
‘‘(1) POST-JUDGMENT.—Upon entry of judg-
ment for the claimant in any proceeding to condemn
or forfeit property seized or arrested under any Act
of Congress, the United States shall be liable for
post-judgment interest as set forth in section 1961
of this title.
‘‘(2) PRE-JUDGMENT.—The United States shall
not be liable for prejudgment interest, except that in
cases involving currency, proceeds of an interlocu-
tory sale, or other negotiable instruments, the Unit-
ed States shall disgorge to the claimant any funds
representing—
‘‘(A) interest actually paid to the United
States from the date of seizure or arrest of the
property that resulted from the investment of
the property in an interest-bearing account or
instrument; and
‘‘(B) for any period during which no inter-
est is actually paid, an imputed amount of in-
terest that such currency, proceeds, or instru-
ments would have earned.
The United States shall provide the court with an
accounting of the amount actually earned or the
amount that would have been earned had the funds
been invested in obligations of, or guaranteed by, the
United States.
‘‘(3) LIMITATION ON OTHER PAYMENTS.—The
United States shall not be required to disgorge the
value of any intangible benefits nor make any other
payments to the claimant not specifically authorized
by this subsection.’’.
SEC. 5. SEIZURE WARRANT REQUIREMENT.
(a) IN GENERAL.— Section 981(b) of title 18, United
States Code, is amended to read as follows:
‘‘(b)(1) Any property subject to forfeiture to the
United States under subsection (a) may be seized by the
Attorney General. In addition, in the case of property in-
volved in a violation investigated by the Secretary of the
Treasury or the United States Postal Service, the property
may also be seized by the Secretary of the Treasury or
the Postal Service, respectively.
‘‘(2) Seizures pursuant to 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 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 has is-
sued an arrest warrant in rem pursuant to the Sup-
plemental Rules for Certain Admiralty and Maritime
Claims;
‘‘(B) the seizure is made pursuant to a lawful
arrest or search, or if there is probable cause to be-
lieve that the property is subject to forfeiture and
another exception to the Fourth Amendment war-
rant requirement would apply; or
‘‘(C) the property was lawfully seized by a State
or local law enforcement agency and has been trans-
ferred to a Federal agency in accordance with State
law.
‘‘(3) Notwithstanding the provisions of Rule 41(a),
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, United States Code, and executed in any district in
which the property is found. Any motion for the return
of property seized under this section shall be filed in the
district in which the seizure warrant was issued.
‘‘(4) 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
subsection (a) or under the Controlled Substances Act, the
Attorney General may apply to any Federal judge or mag-
istrate judge in the district where 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 con-
ducted in the manner provided in Rule 43(e) of the Fed-
eral Rules of Civil Procedure. The application for the re-
straining order shall set forth the nature and cir-
cumstances 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 restraining 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.
‘‘(5) Once a motion for the return of seized property
under Rule 41(e) is filed, the person filing the motion may
request that the motion be transferred to another district
where venue for the forfeiture action would lie under sec-
tion 1355(b) of title 28 pursuant to the change of venue
provisions in section 1404 of title 28.’’.
(b) DRUG FORFEITURES.—Section 511(b) of the
Controlled Substances Act (21 U.S.C. 881(b)) is amended
to read as follows:
‘‘(b) Any property subject to forfeiture to the United
States under this section may be seized by the Attorney
General in the manner set forth in Section 981(b) of title
18, United States Code.’’.
SEC. 6. ACCESS TO RECORDS IN BANK SECRECY JURISDIC-
TIONS.
Section 986 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(d) ACCESS TO RECORDS LOCATED ABROAD.—In
any civil forfeiture case, or in any ancillary proceeding in
any criminal forfeiture case governed by section 413(n)
of the Controlled Substances Act (21 U.S.C. 853(n)),
where—
‘‘(1) financial records located in a foreign coun-
try may be material—
‘‘(A) to any claim or to the ability of the
Government to respond to such claim; or
‘‘(B) in a civil forfeiture case, to the Gov-
ernment’s ability to establish the forfeitability
of the property; and
‘‘(2) it is within the capacity of the claimant to
waive the claimant’s rights under such secrecy laws
or to obtain the records, so that the records can be
made available,
the refusal of the claimant to provide the records in re-
sponse to a discovery request or take the action necessary
otherwise to make the records available shall result in the
dismissal of the claim with prejudice. This subsection shall
not affect the claimant’s rights to refuse production on
the basis of any privilege guaranteed by the Constitution
or Federal laws of the United States.’’.
SEC. 7. ACCESS TO OTHER RECORDS.
Section 6103(i)(1) of the Internal Revenue Code of
1986 (26 U.S.C. 6103(i)(1)) is amended—
(1) in subparagraph (A)(i) by inserting ‘‘or re-
lated civil forfeiture’’ after ‘‘enforcement of a specifi-
cally designated Federal criminal statute’’; and
(2) in subparagraph (B)(iii) by inserting ‘‘or
civil forfeiture investigation or proceeding’’ after
‘‘Federal criminal investigation or proceeding’’.
SEC. 8. DISCLOSURE OF GRAND JURY INFORMATION TO
FEDERAL PROSECUTORS.
Section 3322(a) of title 18, United States Code, is
amended—
(1) by striking ‘‘civil forfeiture under section
981 of title 18, United States Code, of property de-
scribed in section 981(a)(1)(C) of such title’’ and in-
serting ‘‘any civil forfeiture provision of Federal
law’’; and
(2) by striking ‘‘concerning a banking law violation’’.
SEC. 9. 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’’;
(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
connection with an offense relating to the sale of as-
sets acquired or held by any Federal financial insti-
tution or regulatory agency, or person appointed by
such agency, as receiver, conservator or liquidating
agent for a financial institution’’.
SEC. 10. 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) The term ‘foreign nation’ shall mean a
country that has become a party to the United Na-
tions Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances (hereafter ‘the
United Nations Convention’) or a foreign jurisdic-
tion with which the United States has a treaty or
other formal international agreement in effect pro-
viding for mutual forfeiture assistance.
‘‘(2) The term ‘value-based confiscation judg-
ment’ shall mean a final order of a foreign nation
compelling a defendant, as a consequence of the de-
fendant’s criminal conviction for an offense de-
scribed in Article 3, Paragraph 1, of the United Na-
tions Convention, to pay a sum of money represent-
ing 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 the Attorney General’s 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-
ceedings in sufficient time to enable the defendant 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 the
Attorney General’s designee.
The Attorney General or the Attorney General’s designee,
in consultation with the Secretary of State or the Sec-
retary of State’s designee, shall determine whether to cer-
tify the request, and such decision shall be final and not
subject to either judicial review or review under chapter
7 of title 5, United States Code.
‘‘(c) JURISDICTION AND VENUE.—Where the Attor-
ney General or the Attorney General’s designee certifies
a request under paragraph (b), the foreign nation may file
a civil proceeding in United States district court seeking
to enforce 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 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 Dis-
trict of Columbia or in any other district in which the de-
fendant or the property that may be the basis for satisfac-
tion of a judgment under this section may be found. The
United States district court shall have personal jurisdic-
tion over a defendant residing outside of the United States
if the defendant is served with process in accordance with
Rule 4 of the Federal Rules of Civil Procedure.
‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.—
The United States district court shall enter such orders
as may be necessary to enforce the value-based
confiscation judgment on behalf of the foreign nation
where it finds that all of the following requirements have
been met:
‘‘(1) The value-based confiscation judgment was
rendered under a system which provides impartial
tribunals or procedures compatible with the require-
ments of due process of law.
‘‘(2) The foreign court had personal jurisdiction
over the defendant.
‘‘(3) The foreign court had jurisdiction over the
subject matter.
‘‘(4) The defendant in the proceedings in the
foreign court received notice of the proceedings in
sufficient time to enable the defendant to defend.
‘‘(5) 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 United States district court that the condi-
tions 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 table of sec-
tions for chapter 163, title 28, United States Code, is
amended by inserting the following at the end:
‘‘2466. Enforcement of foreign forfeiture judgment.’’.
SEC. 11. ADMISSIBILITY OF FOREIGN BUSINESS RECORDS.
(a) IN GENERAL.—Chapter 163 of title 28, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2467. Foreign records
‘‘(a) In a civil proceeding in a court of the United
States, including civil forfeiture proceedings and proceed-
ings in the United States Claims Court and the United
States Tax Court, a foreign record of regularly conducted
activity, or copy of such record, obtained pursuant to an
official request shall not be excluded as evidence by the
hearsay rule if a foreign certification, also obtained pursu-
ant to the same official request or subsequent official re-
quest that adequately identifies such foreign record, at-
tests that—
‘‘(1) such record was made, at or near the time
of the occurrence of the matters set forth, by (or
from information transmitted by) a person with
knowledge of those matters;
‘‘(2) such record was kept in the course of a
regularly conducted business activity;
‘‘(3) the business activity made such a record
as a regular practice; and
‘‘(4) if such record is not the original, such
record is a duplicate of the original;
unless the source of information or the method or cir-
cumstances of preparation indicate lack of trust-
worthiness.
‘‘(b) A foreign certification under this section shall
authenticate such record or duplicate.
‘‘(c) As soon as practicable after a responsive plead-
ing has been filed, a party intending to offer in evidence
under this section a foreign record of regularly conducted
activity shall provide written notice of that intention to
each other party. A motion opposing admission in evidence
of such record shall be made by the opposing party and
determined by the court before trial. Failure by a party
to file such motion before trial shall constitute a waiver
of objection to such record or duplicate, but the court for
cause shown may grant relief from the waiver.
‘‘(d) As used in this section, the term—
‘‘(1) ‘foreign record of regularly conducted ac-
tivity’ means a memorandum, report, record, or date
compilation, in any form, of acts, events, conditions,
opinions, or diagnoses, maintained in a foreign coun-
try;
‘‘(2) ‘foreign certification’ means a written dec-
laration made and signed in a foreign country by the
custodian of a record of regularly conducted activity
or another qualified person, that if falsely made,
would subject the maker to criminal penalty under
the law of that country;
‘‘(3) ‘business’ includes business, institution,
association, profession, occupation, and calling of
every kind whether or not conducted for profit; and
‘‘(4) ‘official request’ means a letter rogatory, a
request under an agreement, treaty or convention, or
any other request for information or evidence made
by a court of the United States or an authority of
the United States having law enforcement respon-
sibility, to a court or other authority of a foreign
country.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 163 of title 28, United States Code, is
amended by inserting the following at the end:
‘‘2467. Foreign records.’’.
SEC. 12. CONFORMING AMENDMENTS TO TITLE 28, TO
RULES OF PROCEDURE, AND TO THE CON-
TROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 524(c) of title 28, United
States Code, is amended—
(1) by striking out ‘‘law enforcement pur-
poses—’’ in the matter preceding subparagraph (A)
of paragraph (1) and inserting ‘‘purposes—’’;
(2) by striking out ‘‘(H)’’ in the first sentence
after the last subparagraph in paragraph (1) and in
subparagraph (A) of paragraph (8) and inserting
‘‘(I)’’; and
(3) by striking the last subparagraph (I) in
paragraph (1) and inserting after and below sub-
paragraph (I) the following: ‘‘After all reimburse-
ments and program related expenses have been met
at the end of fiscal year 1989, the Attorney General
may transfer deposits from the Fund to the building
and facilities account of the Federal prison system
for the construction of correctional institutions.’’.
(b) IN REM PROCEEDINGS.—Paragraph (6) of Rule
C of the Supplemental Rules for Certain Admiralty and
Maritime Claims to the Federal Rules of Civil Procedure
(28 U.S.C. Appendix) is amended by striking ‘‘10 days’’
and inserting ‘‘20 days’’.
(c) CONTROLLED SUBSTANCES ACT.—Section 518
and the item relating to section 518 in the table of con-
tents of the Controlled Substances Act (21 U.S.C. 888)
are repealed.
SEC. 13. INAPPLICABILITY OF THE CUSTOMS LAWS.
(a) TITLE 18, UNITED STATES CODE.—Section
981(d) of title 18, United States Code, is amended by in-
serting after the first sentence the following: ‘‘However,
the cost bond provision of section 608 of the Tariff Act
of 1930 (19 U.S.C. 1608) and the burden of proof provi-
sion of section 615 of the Tariff Act of 1930 (19 U.S.C.
1615) shall not apply to any forfeiture governed by the
procedures set forth in this chapter.’’.
(b) 
CONTROLLED
SUBSTANCES
ACT.—Section
511(d) of the Controlled Substances Act (21 U.S.C.
881(d)) is amended by inserting after the first sentence
the following: ‘‘However, the cost bond provision of section
608 of the Tariff Act of 1930 (19 U.S.C. 1608) and the
burden of proof provision of section 615 of the Tariff Act
of 1930 (19 U.S.C. 1615) shall not apply to any forfeiture
governed by the procedures set forth in chapter 46 of title
18, United States Code.’’.
(c) LIBEL IN ADMIRALTY.—Section 2461(b) of title
28, United States Code, is amended—
(1) by striking ‘‘may be enforced by libel in ad-
miralty’’ and inserting ‘‘may be enforced under the
procedures set forth in chapter 46 of title 18 and
libel in admiralty if not in conflict with such proce-
dures, except that only the libel in admiralty proce-
dures shall apply to forfeitures under the customs
laws’’; and
(2) by striking ‘‘may be enforced by a proceed-
ing by libel which shall conform as near as may be
to proceedings in admiralty’’ and inserting ‘‘may be
enforced under the procedures set forth in chapter
46 of title 18 and by a proceeding by libel, if not
in conflict with such procedures, which shall conform
as near as may be to proceedings in admiralty, ex-
cept that only such proceeding by libel shall apply to
forfeitures under the customs laws’’.
SEC. 14. APPLICABILITY.
(a) IN GENERAL.—Unless otherwise specified in this
Act, the amendments made by this Act apply to forfeiture
proceedings commenced on or after the date of the enact-
ment of this Act.
(b) ADMINISTRATIVE FORFEITURES.—The amend-
ments in this Act relating to seizures and administrative
forfeitures shall apply to seizures and forfeitures occurring
on or after the 60th day after the date of the enactment
of this Act.
(c) CIVIL JUDICIAL FORFEITURES.—The amend-
ments in this Act relating to judicial procedures applicable
once a civil forfeiture complaint is filed by the Government
shall apply to all cases in which the forfeiture complaint
is filed on or after the date of the enactment of this Act.
(d) SUBSTANTIVE LAW.—The amendments in this
Act expanding substantive forfeiture law to make property
subject to civil or criminal forfeiture which was not pre-
viously subject to civil or criminal forfeiture shall apply
to offenses occurring after the date of the enactment of
this Act.
SEC. 15. JURISDICTION AND VENUE IN FORFEITURE CASES.
(a) ADMINISTRATIVE FORFEITURES.—Section 608 of
the Tariff Act of 1930 (19 U.S.C. 1608) is amended by
striking ‘‘to the United States Attorney for the district
in which seizure was made’’ and inserting ‘‘to the United
States attorney for a district in which a forfeiture action
could be filed pursuant to title 28, United States Code,
section 1355(b)’’.
(b) JUDICIAL FORFEITURES.—Section 610 of the
Tariff Act of 1930 (19 U.S.C. 1610) is amended by strik-
ing ‘‘to the United States attorney for the district in which
the seizure was made’’ and inserting ‘‘to the United States
attorney for a district in which a forfeiture action could
be filed pursuant to title 28, United States Code, Section
1355(b)’’.
(c) ADMIRALTY RULES.—The Supplemental Rules
for Certain Admiralty and Maritime Claims are amend-
ed—
(1) in Rule E(3), by inserting the following at
the end of paragraph (a): ‘‘This provision shall not
apply in forfeiture cases governed by section 1355 of
title 28 or any other statute providing for service of
process outside of the district.’’; and
(2) in Rule C(2), by inserting the following
after ‘‘that it is within the district or will be during
the pendency of the action.’’: ‘‘If the property is lo-
cated outside of the district, the complaint shall
state the statutory basis for the court’s exercise of
jurisdiction over the property’’.
SEC. 16. 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) 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’’;
(2) striking ‘‘after’’ and inserting ‘‘before or
after’’; and
(3) striking the last sentence.
(c) Section 981(d) of title 18, United States Code,
is amended by striking ‘‘sale of this section’’ and inserting
‘‘sale of such property’’.
SEC. 17. 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 ‘‘sec-
tion 1822 of the Mail Order Drug Paraphernalia Control
Act’’ and inserting ‘‘section 422’’.
(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).
SEC. 18. CERTIFICATE OF REASONABLE CAUSE.
Section 2465 of title 28, United States Code, is
amended—
(1) by striking ‘‘property seized’’ and inserting
‘‘property seized or arrested’’ and
(2) by striking ‘‘seizure’’ each time it appears
and inserting ‘‘seizure or arrest’’.
SEC. 19. 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 (21 U.S.C. 881(e)(1) )
is amended by inserting ‘‘or’’ at the end of subparagraph
(c), by striking ‘‘; or’’ at the end of subparagraph (D)
and inserting a period, and by striking subparagraph (E).
SEC. 20. FORFEITURE OF PROPERTY USED TO FACILITATE
FOREIGN DRUG CRIMES.
Section 981(a)(1)(B) of title 18, United States Code,
is amended by inserting ‘‘, or any property used to facili-
tate such offense’’ at the end before the period.
SEC. 21. FORFEITURE OF PROCEEDS TRACEABLE TO FA-
CILITATING PROPERTY IN DRUG CASES.
(a) CONVEYANCES.—Section 511(a)(4) of the Con-
trolled Substances Act (21 U.S.C. 881(a)(4)) is amend-
ed—
(1) by inserting ‘‘, and any property traceable
to such conveyances’’ after ‘‘property described in
paragraph (1), (2), or (9)’’;
(2) in subparagraph (A) by inserting ‘‘, and no
property traceable to such conveyance,’’ before
‘‘shall be forfeited’’; and
(3) in subparagraphs (B) and (C) by inserting
‘‘and no property traceable to such conveyance’’ be-
fore ‘‘shall be forfeited’’.
(b) REAL PROPERTY.—Section 511(a)(7) of the Con-
trolled Substances Act (21 U.S.C. 881(a)(7)) is amended
by inserting ‘‘, and any property traceable to such prop-
erty’’ after ‘‘one year’s imprisonment’’.
(c) NEGOTIABLE INSTRUMENTS AND SECURITIES.—
Section 511(a)(6) of the Controlled Substances Act (21
U.S.C. 881(a)(6)) is amended by inserting ‘‘, and any
property traceable to such property’’ after ‘‘this title’’ the
second time it appears.
SEC. 22. FORFEITURE OF PROCEEDS OF CERTAIN FOREIGN
CRIMES.
Section 981(a)(1)(B) of title 18, United States Code,
is amended by—
(1) inserting ‘‘(i)’’ after ‘‘against a foreign na-
tion involving’’; and
(2) inserting ‘‘or (ii) any other conduct de-
scribed in section 1956(c)(7)(B),’’ after ‘‘(as such
term is defined for the purposes of the Controlled
Substances Act)’’.
SEC. 23. 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. 24. CLARIFICATION OF JUDICIAL REVIEW OF FOR-
FEITURE.
Section 507 of the Controlled Substances Act (21
U.S.C. 877) is amended by adding at the end the follow-
ing: ‘‘This section does not apply to any findings, conclu-
sions, rulings, decisions, or declarations of the Attorney
General, or any designee of the Attorney General, relating
to the seizure, forfeiture, or disposition of forfeited prop-
erty brought under this subchapter.’’.
SEC. 25. TECHNICAL AMENDMENTS RELATING TO OBLITER-
ATED 
MOTOR 
VEHICLES 
IDENTIFICATION
NUMBERS.
Section 512 of title 18, United States Code, is
amended—
(1) in subsection (b), by inserting ‘‘and the pro-
visions of chapter 46 of this title relating to civil ju-
dicial forfeitures’’ before ‘‘shall apply’’; and
(2) in subsection (a)(1), by striking ‘‘does not
know’’ and all that follows up to the semicolon and
inserting ‘‘is an innocent owner as defined in section
983 of this title’’.
SEC. 26. STATUTE OF LIMITATIONS FOR CIVIL FORFEITURE
ACTIONS.
Section 621 of the Tariff Act of 1930 (19 U.S.C.
1621) is amended by inserting ‘‘, or in the case of forfeit-
ure, within 2 years after the time when the involvement
of the property in the alleged offense was discovered,
whichever was later’’ after ‘‘within five years after the
time when the alleged offense was discovered’’.
SEC. 27. DESTRUCTION OR REMOVAL OF PROPERTY TO
PREVENT SEIZURE.
(a) Section 2232(a) of title 18, United States Code,
is amended by—
(1) inserting ‘‘OR SEIZURE’’ after ‘‘PHYSICAL
INTERFERENCE WITH SEARCH’’;
(2) inserting ‘‘, including seizure for forfeit-
ure,’’ after ‘‘after seizure’’;
(3) striking ‘‘searches and seizures’’ after ‘‘au-
thorized to make’’ and inserting ‘‘searches or sei-
zures’’;
(4) striking ‘‘or’’ after ‘‘wares,’’; and
(5) inserting ‘‘, or other property, real or per-
sonal,’’ after ‘‘merchandise.’’
(b) Section 2232(b) of title 18, United States Code,
is amended by—
(1) inserting ‘‘OR SEIZURE’’ after ‘‘NOTICE OF
SEARCH’’;
(2) striking ‘‘searches and seizures’’ after ‘‘au-
thorized to make’’ and inserting ‘‘searches or sei-
zures’’;
(3) inserting ‘‘, including seizure for forfeiture’’
after ‘‘likely to make a search or seizure’’; and
(4) inserting ‘‘real or personal,’’ after ‘‘mer-
chandise or other property,’’.
SEC. 28. IN PERSONAM JUDGMENTS.
Section 1963(l)(1) of title 18, United States Code,
and section 413(n)(1) of the Controlled Substances Act
(21 U.S.C. 853(n)(1)) are each amended by adding the
following sentence at the end: ‘‘To the extent that the
order of forfeiture includes only an in personam money
judgment against the defendant, no proceeding under this
subsection shall be necessary.’’
SEC. 29. UNIFORM PROCEDURES FOR CRIMINAL FORFEIT-
URE.
(a) IN GENERAL.—Section 982(b)(1) of title 18,
United States Code, is amended to read as follows:
‘‘(b)(1) The forfeiture of property under this section,
including any seizure and disposition of the property and
any related administrative or judicial proceeding, shall be
governed by the provisions of section 413 of the Com-
prehensive 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.’’
(b) CONFORMING AMENDMENT.—The second para-
graph (6) of section 982(a), of title 18, United States
Code, is amended by striking ‘‘(A)’’, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B), respec-
tively, by redesignating subclauses (I) and (II) as clauses
(i) and (ii), respectively, by striking out ‘‘this subpara-
graph’’ and inserting ‘‘this subsection’’, and by striking
all of subparagraph (B).
SEC. 30. AVAILABILITY OF CRIMINAL FORFEITURE.
(a) IN GENERAL.—Section 2461 of title 28, United
States Code, is amended by adding the following sub-
section:
‘‘(c) Whenever a forfeiture of property is authorized
in connection with a violation of an Act of Congress but
no specific statutory provision is made for criminal forfeit-
ure upon conviction or the criminal forfeiture provisions
contain no procedural provisions, the government may in-
clude the forfeiture in the indictment or information in
accordance with the Federal Rules of Criminal Procedure
and the procedures set forth in section 982 of title 18,
United States Code, and upon conviction, the court shall
order the forfeiture of the property.’’.
(b) ORDER OF FORFEITURE.—Section 3554 of title
18, United States Code, is amended—
(1) by striking ‘‘an offense described in section
1962 of this title or in title II or III of the Com-
prehensive Drug Abuse Prevention and Control Act
of 1970’’ and inserting ‘‘an offense for which crimi-
nal forfeiture is authorized’’; and
(2) by inserting ‘‘pursuant to the Federal Rules
of Criminal Procedure,’’ after ‘‘shall order,’’.