IB
Union Calendar No. 467
105TH CONGRESS
2D SESSION
H. R. 1965
[Report No. 105–358, Part I]
To provide a more just and uniform procedure for Federal civil forfeitures,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1997
Mr. HYDE (for himself and Mr. CONYERS) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committees on Ways and Means, and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
OCTOBER 30, 1997
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 30, 1997
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than February 27, 1998
FEBRUARY 27, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than March 6, 1998
MARCH 6, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than March 13, 1998
MARCH 13, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than April 24, 1998
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APRIL 24, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than May 8, 1998
MAY 7, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than June 19, 1998
JUNE 19, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than August 7, 1998
AUGUST 6, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than October 9, 1998
OCTOBER 9, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than October 16, 1998
OCTOBER 16, 1998
Referral to the Committees on Ways and Means and Commerce extended for
a period ending not later than October 20, 1998
OCTOBER 20, 1998
Additional sponsors: Ms. PRYCE of Ohio, and Mr. GIBBONS
OCTOBER 20, 1998
Committees on Ways and Means and Commerce discharged; committed to the
Committee of the Whole House on the State of the Union, and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on June 19, 1997]
A BILL
To provide a more just and uniform procedure for Federal
civil forfeitures, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Civil Asset Forfeiture Reform Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Creation of general rules relating to civil forfeiture proceedings.
Sec. 3. Compensation for damage to seized property.
Sec. 4. Prejudgment and postjudgment interest.
Sec. 5. Seizure warrant requirement.
Sec. 6. Access to records in bank secrecy jurisdictions.
Sec. 7. Access to other records.
Sec. 8. Disclosure of grand jury information to Federal prosecutors.
Sec. 9. Use of forfeited funds to pay restitution to crime victims and regulatory
agencies.
Sec. 10. Enforcement of foreign forfeiture judgment.
Sec. 11. Admissibility of foreign business records.
Sec. 12. Conforming amendments to title 28, to Rules of Procedure, and to the
Controlled Substances Act.
Sec. 13. Inapplicability of the customs laws.
Sec. 14. Applicability.
Sec. 15. Jurisdiction and venue in forfeiture cases.
Sec. 16. Minor and technical amendments relating to 1992 forfeiture amendments.
Sec. 17. Drug paraphernalia technical amendments.
Sec. 18. Certificate of reasonable cause.
Sec. 19. Authorization to share forfeited property with cooperating foreign govern-
ments.
Sec. 20. Forfeiture of property used to facilitate foreign drug crimes.
Sec. 21. Forfeiture of proceeds traceable to facilitating property in drug cases.
Sec. 22. Forfeiture of proceeds of certain foreign crimes.
Sec. 23. Civil forfeiture of coins and currency in confiscated gambling devices.
Sec. 24. Clarification of judicial review of forfeiture.
Sec. 25. Technical amendments relating to obliterated motor vehicles identifica-
tion numbers.
Sec. 26. Statute of limitations for civil forfeiture actions.
Sec. 27. Destruction or removal of property to prevent seizure.
Sec. 28. In personam judgments.
Sec. 29. Uniform procedures for criminal forfeiture.
Sec. 30. Availability of criminal forfeiture.
Sec. 31. Discovery procedure for locating forfeited assets.
Sec. 32. Criminal forfeiture for money laundering conspiracies.
Sec. 33. Correction to criminal forfeiture provision for alien smuggling and other
immigration offenses.
Sec. 34. Repatriation of property placed beyond the jurisdiction of the court.
Sec. 35. Right of third parties to contest forfeiture of substitute assets.
Sec. 36. Archeological Resources Protection Act.
Sec. 37. Forfeiture of instrumentalities of terrorism, telemarketing fraud, and
other offenses.
Sec. 38. Forfeiture of criminal proceeds transported in interstate commerce.
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Sec. 39. Forfeitures of proceeds of Federal Food, Drug, and Cosmetic Act viola-
tions.
Sec. 40. Forfeiture of counterfeit paraphernalia.
Sec. 41. Closing of loophole to defeat criminal forfeiture through bankruptcy.
Sec. 42. Collection of criminal forfeiture judgment.
Sec. 43. Criminal forfeiture of property in Government custody.
Sec. 44. Delivery of property to the Marshals Service.
Sec. 45. Forfeiture for odometer tampering offenses.
Sec. 46. Pre-trial restraint of substitute assets.
SEC. 2. CREATION OF GENERAL RULES RELATING TO CIVIL
FORFEITURE PROCEEDINGS.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by inserting the following new sec-
tion after section 982:
‘‘§ 983. Civil forfeiture procedures
‘‘(a) ADMINISTRATIVE FORFEITURES.—(1)(A) In any
nonjudicial civil forfeiture proceeding under a civil forfeit-
ure statute, with respect to which the agency conducting
a seizure of property must send written notice of the seizure
under section 607(a) of the Tariff Act of 1930 (19 U.S.C.
1607(a)), such notice together with information on the ap-
plicable procedures shall be sent not later than 60 days after
the seizure to each party known to the seizing agency at
the time of the seizure to have an ownership or possessory
interest, including a lienholder’s interest, in the seized arti-
cle. If a party’s identity or interest is not determined until
after the seizure but is determined before a declaration of
forfeiture is entered, such written notice and information
shall be sent to such interested party not later than 60 days
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after the seizing agency’s determination of the identity of
the party or the party’s interest.
‘‘(B) If the Government does not provide notice of a
seizure of property in accordance with subparagraph (A),
it shall return the property pending the giving of such no-
tice.
‘‘(2) The Government may apply to a Federal mag-
istrate judge (as defined in the Federal Rules of Criminal
Procedure) in any district where venue for a forfeiture ac-
tion would lie under section 1355(b) of title 28 for an exten-
sion of time in which to comply with paragraph (1)(A).
Such an extension shall be granted based on a showing of
good cause.
‘‘(3) A person with an ownership of possessory interest
in the seized article who failed to file a claim within the
time period prescribed in subsection (b) may, on motion
made not later than 2 years after the date of final publica-
tion of notice of seizure of the property, move to set aside
a declaration of forfeiture entered pursuant to section 609
of the Tariff Act of 1930 (19 U.S.C. 1609). Such motion
shall be granted if—
‘‘(A) the Government failed to take reasonable
steps to provide the claimant with notice of the for-
feiture; and
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‘‘(2) The Government may apply to a Federal mag-
istrate judge (as defined in the Federal Rules of Criminal
Procedure) in any district where venue for a forfeiture ac-
tion would lie under section 1355(b) of title 28 for an exten-
sion of time in which to comply with paragraph (1). Such
an extension shall be granted based on a showing of good
cause. If the reason for the extension is that the filing re-
quired by paragraph (1) would jeopardize an ongoing
criminal investigation or prosecution or court-authorized
electronic surveillance, the application may be made ex
parte.
‘‘(3) Upon the filing of a civil complaint, the claimant
shall file a claim and answer in accordance with the Sup-
plemental Rules for Certain Admiralty and Maritime
Claims.
‘‘(d) APPOINTMENT OF COUNSEL.—(1) If the person
filing a claim is financially unable to obtain representation
by counsel and requests that counsel be appointed, the court
may appoint counsel to represent that person with respect
to the claim. In determining whether to appoint counsel to
represent the person filing the claim, the court shall take
into account—
‘‘(A) the nature and value of the property subject
to forfeiture, including the hardship to the claimant
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from the loss of the property seized, compared to the
expense of appointing counsel;
‘‘(B) the claimant’s standing to contest the for-
feiture; and
‘‘(C) whether the claim appears to be made in
good faith or to be frivolous.
‘‘(2) The court shall set the compensation for that rep-
resentation, which shall be the equivalent to that provided
for court-appointed representation under section 3006A of
this title, and to pay such cost, there are authorized to be
appropriated such sums as are necessary as an addition
to the funds otherwise appropriated for the appointment of
counsel under such section.
‘‘(3) The determination of whether to appoint counsel
under this subsection shall be made following a hearing at
which the Government shall have an opportunity to present
evidence and examine the claimant. The testimony of the
claimant at such hearing shall not be admitted in any other
proceeding except in accordance with the rules which govern
the admissibility of testimony adduced in a hearing on a
motion to suppress evidence. Nothing in this paragraph
shall be construed to prohibit the admission of any evidence
that may be obtained in the course of civil discovery in the
forfeiture proceeding or through any other lawful investiga-
tive means.
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‘‘(e) BURDEN
OF PROOF.—In all suits or actions
brought for the civil forfeiture of any property, the burden
of proof at trial is on the United States to establish, by
a preponderance of the evidence, that the property is subject
to forfeiture. If the Government proves that the property
is subject to forfeiture, the claimant shall have the burden
of establishing any affirmative defense by a preponderance
of the evidence.
‘‘(f) INNOCENT OWNERS.—(1) An innocent owner’s in-
terest in property shall not be forfeited in any civil forfeit-
ure action.
‘‘(2) With respect to a property interest in existence
at the time the illegal conduct giving rise to the forfeiture
took place, the term ‘innocent owner’ means an owner
who—
‘‘(A) did not know of the conduct giving rise to
the forfeiture; or
‘‘(B) upon learning of the conduct giving rise to
the forfeiture, did all that reasonably could be ex-
pected under the circumstances to terminate such use
of the property.
‘‘(3)(A) With respect to a property interest acquired
after the conduct giving rise to the forfeiture has taken
place, the term ‘innocent owner’ means a person who, at
the time that person acquired the interest in the property,
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was a bona fide purchaser for value and was at the time
of the purchase reasonably without cause to believe that the
property was subject to forfeiture.
‘‘(B) Except as provided in paragraph (4), where the
property subject to forfeiture is real property, and the
claimant uses the property as his or her primary residence
and is the spouse or minor child of the person who commit-
ted the offense giving rise to the forfeiture, an otherwise
valid innocent owner claim shall not be denied on the
ground that the claimant acquired the interest in the
property—
‘‘(i) in the case of a spouse, through dissolution
of marriage or by operation of law, or
‘‘(ii) in the case of a minor child, as an inherit-
ance upon the death of a parent,
and not through a purchase. However the claimant must
establish, in accordance with subparagraph (A), that at the
time of the acquisition of the property interest, the claimant
was reasonably without cause to believe that the property
was subject to forfeiture, and was an owner of the property,
as defined in paragraph (6).
‘‘(4) Notwithstanding any provision of this section, no
person may assert an ownership interest under this
section—
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‘‘(A) in contraband or other property that it is
illegal to possess; or
‘‘(B) in the illegal proceeds of a criminal act un-
less such person was a bona fide purchaser for value
who was reasonably without cause to believe that the
property was subject to forfeiture.
‘‘(5) For the purposes of paragraph (2) of this sub-
section a person does all that reasonably can be expected
if the person takes all steps that a reasonable person would
take in the circumstances to prevent or terminate the illegal
use of the person’s property. There is a rebuttable
presumption that a property owner took all the steps that
a reasonable person would take if the property owner—
‘‘(A) gave timely notice to an appropriate law
enforcement agency of information that led to the
claimant to know the conduct giving rise to a forfeit-
ure would occur or has occurred; and
‘‘(B) in a timely fashion, revoked permission for
those engaging in such conduct to use the property or
took reasonable steps in consultation with a law en-
forcement agency to discourage or prevent the illegal
use of the property.
The person is not required to take extraordinary steps that
the person reasonably believes would be likely to subject the
person to physical danger.
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‘‘(6) As used in this subsection:
‘‘(A) The term ‘civil forfeiture statute’ means
any provision of Federal law providing for the forfeit-
ure of property other than as a sentence imposed
upon conviction of a criminal offense.
‘‘(B) The term ‘owner’ means a person with an
ownership interest in the specific property sought to
be forfeited, including a lien, mortgage, recorded secu-
rity device, or valid assignment of an ownership in-
terest. Such term does not include—
‘‘(i) a person with only a general unsecured
interest in, or claim against, the property or es-
tate of another;
‘‘(ii) a bailee unless the bailor is identified
and the bailee shows a colorable legitimate inter-
est in the property seized; or
‘‘(iii) a nominee who exercises no dominion
or control over the property;
‘‘(C) A person shall be considered to have known
that the person’s property was being used or was like-
ly to be used in the commission of an illegal act if
the person was willfully blind.
‘‘(7) If the court determines, in accordance with this
subsection, that an innocent owner had a partial interest
in property otherwise subject to forfeiture, or a joint ten-
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ancy or tenancy by the entirety in such property, the court
shall enter an appropriate order—
‘‘(A) severing the property;
‘‘(B) transferring the property to the Govern-
ment with a provision that the Government com-
pensate the innocent owner to the extent of his or her
ownership interest once a final order of forfeiture has
been entered and the property has been reduced to liq-
uid assets; or
‘‘(C) permitting the innocent owner to retain the
property subject to a lien in favor of the Government,
to the extent of the forfeitable interest in the property,
that will permit the Government to realize its forfeit-
able interest if the property is transferred to another
person.
To effectuate the purposes of this subsection, a joint tenancy
or tenancy by the entireties shall be converted to a tenancy
in common by order of the court, irrespective of state law.
‘‘(8) An innocent owner defense under this subsection
is an affirmative defense.
‘‘(g) MOTION TO SUPPRESS SEIZED EVIDENCE.—At
any time after a claim and answer are filed in a judicial
forfeiture proceeding, a claimant with standing to contest
the seizure of the property may move to suppress the fruits
of the seizure in accordance with the normal rules regarding
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the suppression of illegally seized evidence. If the claimant
prevails on such motion, the fruits of the seizure shall not
be admitted into evidence as to that claimant at the forfeit-
ure trial. However, a finding that evidence should be sup-
pressed shall not bar the forfeiture of the property based
on evidence obtained independently before or after the sei-
zure.
‘‘(h) USE OF HEARSAY AT PRE-TRIAL HEARINGS.—
At any pre-trial hearing under this section in which the
governing standard is probable cause, the court may accept
and consider hearsay otherwise inadmissible under the Fed-
eral Rules of Evidence.
‘‘(i) STIPULATIONS.—Notwithstanding the claimant’s
offer to stipulate to the forfeitability of the property, the
Government shall be entitled to present evidence to the find-
er of fact on that issue before the claimant presents any
evidence in support of any affirmative defense.
‘‘(j) PRESERVATION OF PROPERTY SUBJECT TO FOR-
FEITURE.—The court, before or after the filing of a forfeit-
ure complaint and on the application of the Government,
may—
‘‘(1) enter any restraining order or injunction in
the manner set forth in section 413(e) of the Con-
trolled Substances Act (21 U.S.C. 853(e));
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‘‘(2) require the execution of satisfactory per-
formance bonds;
‘‘(3) create receiverships;
‘‘(4) appoint conservators, custodians, apprais-
ers, accountants or trustees; or
‘‘(5) take any other action to seize, secure, main-
tain, or preserve the availability of property subject
to forfeiture under this section.
‘‘(k) EXCESSIVE FINES.—(1) At the conclusion of the
trial and following the entry of a verdict of forfeiture, or
upon the entry of summary judgment for the Government
as to the forefeitability of the property, the claimant may
petition the court to determine whether the excessive fines
clause of the Eighth Amendment applies, and if so, whether
forefeiture is excessive. The claimant shall have the burden
of establishing that a forefeiture is excessive by a preponder-
ance of the evidence at a hearing conducted in the manner
provided in Rule 43(e), Federal Rules of Civil Procedure,
by the Court without a jury. If the court determines that
the forfeiture is excessive, it shall adjust the forfeiture to
the extent necessary to avoid the Constitutional violation.
‘‘(2) The claimant may not object to the forfeiture on
Eighth Amendment grounds other than as set forth in para-
graph (1), except that a claimant may, at any time, file
a motion for summary judgment asserting that even if the
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property is subject to forfeiture, the forfeiture would be ex-
cessive. The court shall rule on such motion for summary
judgment only after the Government has had an
opportunity—
‘‘(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 forefeitability 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
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be first shown for the institution of such suite 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) Section
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 follows,
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 striking
‘‘, except that’’ and all that follows and inserting a period.
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(d) RELEASE OF PROPERTY.—Chapter 46 of title 18,
United States Code, is amended to add the following section
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 contest for-
feiture and has filed a nonfrivolous claim on the mer-
its 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 hardship
to the claimant, such as preventing the claimant 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
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‘‘(5) none of the conditions set forth in subsection
(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 Attor-
ney, 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 jurisdic-
tion to consider a motion for the return of seized property
under Rule 41(e), Federal Rules of Criminal Procedure. The
motion must set forth the basis on which the requirements
of subsection (a) have been met and the steps the claimant
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has taken to secure the release of the property from the ap-
propriate official.
‘‘(3) The district court must act on a motion made
pursuant to this subsection within 30 days or as soon there-
after as practicable, and must grant the motion if the
claimant establishes that the requirements of subsection (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 Supple-
mental 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 respond-
ing 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 criminal investigation
or pending trial.
‘‘(4) If property returned to the claimant under this
section is lost, stolen, or diminished in value, any insurance
proceeds shall be paid to the United States and such pro-
ceeds shall be subject to forfeiture in place of the property
originally seized.
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‘‘(c) This section shall not apply if the seized
property—
‘‘(1) is contraband, currency or other monetary
instrument, or electronic funds unless such currency
or other monetary instrument or electronic funds con-
stitutes 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 section
1355(b) of title 28 pursuant to the change of venue provi-
sions in section 1404 of title 28.’’.
‘‘(e) CHAPTER ANALYSIS.—The table of sections 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.’’.
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‘‘(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 unlawful
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 ap-
pear and inserting ‘‘proceeds’’; and
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‘‘(B) by adding the following after paragraph
(1):
‘‘(2) For purposes of paragraph (1), the term ‘proceeds’
means property of any kind obtained, directly or indirectly,
as the result of the commission of the offense giving rise
of forfeiture, and any property traceable thereto, and is not
limited to the net gain or profit realized from the commis-
sion of the offense. In a case involving the forfeiture of pro-
ceeds of a fraud or false claims under paragraph (1)(C)
involving billing for goods or services part of which are le-
gitimate 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 unnecessary.
‘‘(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 regarded
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 rela-
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tionship of the property to the proceeds is too attenuated
to support the forfeiture of such property shall be deter-
mined 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 receipts’’
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 ‘proceeds’
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
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law enforcement officer, if the property was seized for
the purpose of forfeiture but the interest of the claim-
ant 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 settle, 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 employment.
(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 with-
in the scope of employment.
SEC. 4. PREJUDGMENT AND POSTJUDMENT INTEREST.
Section 2465 of title 28, United States Code, is
amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Upon’’; and
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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 involved 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
issued an arrest warrant in rem pursuant to the Sup-
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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 believe
that the property is subject to forfeiture and another
exception to the Fourth Amendment warrant require-
ment 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 offi-
cer 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 sub-
section (a) or under the Controlled Substances Act, the At-
torney General may apply to any Federal judge or mag-
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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 Federal
Rules of Civil Procedure. The application for the restrain-
ing order shall set forth the nature and circumstances of
the foreign charges and the basis for belief that the person
arrested or charged has property in the United States that
would be subject to forfeiture, and shall contain a statement
that the restraining order is needed to preserve the avail-
ability 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 section
1355(b) of title 28 pursuant to the change of venue provi-
sions in section 1404 of title 28.’’.
(b) DRUG FORFEITURES.—Section 511(b) of the Con-
trolled Substances Act (21 U.S.C. 881(b)) is amended to
read as follows:
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‘‘(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 response
to a discovery request or take the action necessary otherwise
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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 forefeiture’’ after ‘‘enforcement of a specifi-
cally designed 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 described
in section 981(a)(1)(C) of such title’’ and inserting
‘‘any civil forfeiture provision of Federal law’’; and
(2) by striking ‘‘concerning a banking law viola-
tion’’.
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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 fol-
lows:
‘‘(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 striking
‘‘in the case of property referred to in subsection
(a)(1)(C)’’ and inserting ‘‘in the case of property for-
feited in connection with an offense resulting in a pe-
cuniary loss to a financial institution or regulatory
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 connec-
tion with an offense relating to the sale of assets ac-
quired or held by any Federal financial institution or
regulatory agency, or person appointed by such agen-
cy, as receiver, conservator or liquidating agent for a
financial institution’’.
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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 sec-
tion:
‘‘§ 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 jurisdiction
with which the United States has a treaty or other
formal international agreement in effect providing 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 described
in Article 3, Paragraph 1, of the United Nations Con-
vention, to pay a sum of money representing the pro-
ceeds of such offense or property the value of which
corresponds to such proceeds.
‘‘(b) REVIEW BY ATTORNEY GENERAL.—A foreign na-
tion seeking to have its value-based confiscation judgment
registered and enforced by a United States district court
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under this section must first submit a request to the Attor-
ney General or the Attorney General’s designee. Such re-
quest 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 conviction
and value-based confiscation judgment;
‘‘(3) an affidavit or sworn declaration establish-
ing that the defendant received notice of the proceed-
ings in sufficient time to enable the defendant to de-
fend against the charges that the value-based confisca-
tion 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 defend-
ant’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 At-
torney General’s designee.
The Attorney General or the Attorney General’s designee,
in consultation with the Secretary of State or the Secretary
of State’s designee, shall determine whether to certify the
request, and such decision shall be final and not subject to
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either judicial review or review under chapter 7 of title 5,
United States Code.
‘‘(c) JURISDICTION AND VENUE.—Where the Attorney
General or the Attorney General’s designee certifies a re-
quest 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 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 judg-
ment under this section may be found. The United States
district court shall have personal jurisdiction over a defend-
ant residing 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.—The
United States district court shall enter such orders as may
be necessary to enforce the value-based confiscation judg-
ment on behalf of the foreign nation where it finds that
all of the following requirements have been met:
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‘‘(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 for-
eign court received notice of the proceedings in suffi-
cient 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 find-
ing by the United States 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 con-
fiscation 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
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in calculating the amount stated in the judgment submitted
for registration.’’.
(b) CONFORMING AMENDMENT.—The table of sections
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 following
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 hear-
say rule if a foreign certification, also obtained pursuant
to the same official request or subsequent official request
that adequately identifies such foreign record, attests 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 reg-
ularly conducted business activity;
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‘‘(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 trustworthiness.
‘‘(b) A foreign certification under this section shall au-
thenticate such record or duplicate.
‘‘(c) As soon as practicable after a responsive pleading
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 activ-
ity’ means a memorandum, report, record, or date
compilation, in any form, of acts, events, conditions,
opinions, or diagnoses, maintained in a foreign coun-
try;
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‘‘(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, as-
sociation, 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 responsibility,
to a court or other authority of a foreign country.’’.
(b) CONFORMING AMENDMENT.—The table of sections
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—
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(1) 
by 
striking 
out 
‘‘law 
enforcement
purposes—’’ 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 subpara-
graph (I) the following: ‘‘After all reimbursements
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 Mar-
itime 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 contents of
the Controlled Substances Act (21 U.S.C. 888) are repealed.
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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 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 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 Tar-
iff 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 pro-
cedures 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 procedures,
except that only the libel in admiralty procedures
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shall apply to forfeitures under the customs laws’’;
and
(2) by striking ‘‘may be enforced by a proceeding
by libel which shall conform as near as may be to
proceedings in admiralty’’ and inserting ‘‘may be en-
forced 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, except 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 amendments
in this Act relating to judicial procedures applicable once
a civil forfeiture complaint is filed by the Government shall
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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 sub-
ject to civil or criminal forfeiture which was not previously
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, sec-
tion 1355(b)’’.
(b) JUDICIAL FORFEITURES.—Section 610 of the Tar-
iff Act of 1930 (19 U.S.C. 1610) is amended by striking
‘‘to the United States attorney for the district in which the
seizure was made’’ and inserting ‘‘to the United States at-
torney 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 amended—
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(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 located
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 of title 18,
United States Code, is amended in subsection (b)(2), by
striking ‘‘The substitution’’ and inserting ‘‘With respect to
a forfeiture under subsection (a)(1), the substitution’’.
(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.
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(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 AMENDMENTS.
(a) Section 511(a)(10) of the Controlled Substances
Act (21 U.S.C. 881(a)(10)) is amended by striking ‘‘section
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’’.
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(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 prop-
erty 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 described
in section 1956(c)(7)(B)’’ after ‘‘(as such term is de-
fined 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
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(2) in the last sentence, by inserting ‘‘, coins, or
currency’’ after ‘‘gambling devices’’.
SEC. 24. CLARIFICATION OF JUDICIAL REVIEW OF FORFEIT-
URE.
Section 507 of the Controlled Substances Act (21
U.S.C. 877) is amended by adding at the end the following:
‘‘This section does not apply to any findings, conclusions,
rulings, decisions, or declarations of the Attorney General,
or any designee of the Attorney General, relating to the sei-
zure, forfeiture, or disposition of forfeited property 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’’.
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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 forfeiture, with-
in 2 years after the time when the involvement of the prop-
erty in the alleged offense was discovered, whichever was
later’’ after ‘‘within five years after the time when the al-
leged 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 forfeiture,’’
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’’;
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(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 ‘‘merchan-
dise 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 follow-
ing 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 Comprehen-
sive Drug Abuse Prevention and Control Act of 1970 (21
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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), respectively, by re-
designating subclauses (I) and (II) as clauses (i) and (ii),
respectively, by striking out ‘‘this subparagraph’’ and in-
serting ‘‘this subsection’’, and by striking all of subpara-
graph (B).
SEC. 30. AVAILABILITY OF CRIMINAL FORFEITURE.
(a) IN GENERAL.—Section 2461 of title 28, United
States Code, is amended by adding the following subsection:
‘‘(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 ac-
cordance 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—
HR 1965 RH
(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 criminal
forfeiture is authorized’’; and
(2) by inserting ‘‘pursuant to the Federal Rules
of Criminal Procedure,’’ after ‘‘shall order,’’.
SEC. 31. DISCOVERY PROCEDURE FOR LOCATING FOR-
FEITED ASSETS.
(a) IN GENERAL.—Section 1963(k) of title 18, United
States Code, and section 413(m) of the Controlled Sub-
stances Act (21 U.S.C. 853(m)) are each amended by—
(1) adding the following at the end before the pe-
riod: ‘‘to the extent that the provisions of the Rule are
consistent with the purposes for which discovery is
conducted under this subsection’’; and
(2) adding the following additional sentence:
‘‘Because this subsection applies only to matters oc-
curring after the defendant has been convicted and his
property has been declared forfeited, the provisions of
Rule 15 requiring the consent of the defendant and
the presence of the defendant at the deposition shall
not apply.’’
(b) BANK RECORDS.—Section 986 of title 18, United
States Code, is amended—