[CITE: 18USC981]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                         CHAPTER 46--FORFEITURE
 
Sec. 981. Civil forfeiture

    (a)(1) The following property is subject to forfeiture to the United 
States:
        (A) Any property, real or personal, involved in a transaction or 
    attempted transaction in violation of section 5313(a) or 5324(a) of 
    title 31, or of section 1956 or 1957 of this title, or any property 
    traceable to such property. However, no property shall be seized or 
    forfeited in the case of a violation of section 5313(a) of title 31 
    by a domestic financial institution examined by a Federal bank 
    supervisory agency or a financial institution regulated by the 
    Securities and Exchange Commission or a partner, director, or 
    employee thereof.
        (B) Any property, real or personal, within the jurisdiction of 
    the United States, constituting, derived from, or traceable to, any 
    proceeds obtained directly or indirectly from an offense against a 
    foreign nation involving the manufacture, importation, sale, or 
    distribution of a controlled substance (as such term is defined for 
    the purposes of the Controlled Substances Act), within whose 
    jurisdiction such offense would be punishable by death or 
    imprisonment for a term exceeding one year and which would be 
    punishable under the laws of the United States by imprisonment for a 
    term exceeding one year if such act or activity constituting the 
    offense against the foreign nation had occurred within the 
    jurisdiction of the United States.
        (C) Any property, real or personal, which constitutes or is 
    derived from proceeds traceable to a violation of section 215, 471, 
    472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 
    501, 502, 510, 542, 545, 656, 657, 842, 844, 1005, 1006, 1007, 1014, 
    1028, 1029, 1030, 1032, or 1344 of this title or any offense 
    constituting ``specified unlawful activity'' (as defined in section 
    1956(c)(7) of this title), or a conspiracy to commit such offense.
        (D) Any property, real or personal, which represents or is 
    traceable to the gross receipts obtained, directly or indirectly, 
    from a violation of--
            (i) section 666(a)(1) (relating to Federal program fraud);
            (ii) section 1001 (relating to fraud and false statements);
            (iii) section 1031 (relating to major fraud against the 
        United States);
            (iv) section 1032 (relating to concealment of assets from 
        conservator or receiver of insured financial institution);
            (v) section 1341 (relating to mail fraud); or
            (vi) section 1343 (relating to wire fraud),

    if such violation relates to the sale of assets acquired or held by 
    the Resolution Trust Corporation, the Federal Deposit Insurance 
    Corporation, as conservator or receiver for a financial institution, 
    or any other conservator for a financial institution appointed by 
    the Office of the Comptroller of the Currency or the Office of 
    Thrift Supervision or the National Credit Union Administration, as 
    conservator or liquidating agent for a financial institution.
        (E) With respect to an offense listed in subsection (a)(1)(D) 
    committed for the purpose of executing or attempting to execute any 
    scheme or artifice to defraud, or for obtaining money or property by 
    means of false or fraudulent statements, pretenses, representations 
    or promises, the gross receipts of such an offense shall include all 
    property, real or personal, tangible or intangible, which thereby is 
    obtained, directly or indirectly.
        (F) Any property, real or personal, which represents or is 
    traceable to the gross proceeds obtained, directly or indirectly, 
    from a violation of--
            (i) section 511 (altering or removing motor vehicle 
        identification numbers);
            (ii) section 553 (importing or exporting stolen motor 
        vehicles);
            (iii) section 2119 (armed robbery of automobiles);
            (iv) section 2312 (transporting stolen motor vehicles in 
        interstate commerce); or
            (v) section 2313 (possessing or selling a stolen motor 
        vehicle that has moved in interstate commerce).

    (2) For purposes of paragraph (1), the term ``proceeds'' is defined 
as follows:
        (A) In cases involving illegal goods, illegal services, unlawful 
    activities, and telemarketing and health care fraud schemes, the 
    term ``proceeds'' 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 thereto, and is not 
    limited to the net gain or profit realized from the offense.
        (B) In cases involving lawful goods or lawful services that are 
    sold or provided in an illegal manner, the term ``proceeds'' means 
    the amount of money acquired through the illegal transactions 
    resulting in the forfeiture, less the direct costs incurred in 
    providing the goods or services. The claimant shall have the burden 
    of proof with respect to the issue of direct costs. The direct costs 
    shall not include any part of the overhead expenses of the entity 
    providing the goods or services, or any part of the income taxes 
    paid by the entity.
        (C) In cases involving fraud in the process of obtaining a loan 
    or extension of credit, the court shall allow the claimant a 
    deduction from the forfeiture to the extent that the loan was 
    repaid, or the debt was satisfied, without any financial loss to the 
    victim.

    (b)(1) Except as provided in section 985, any property subject to 
forfeiture to the United States under subsection (a) may be seized by 
the Attorney General and, 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 issued an arrest warrant in rem 
    pursuant to the Supplemental Rules for Certain Admiralty and 
    Maritime Claims;
        (B) there is probable cause to believe that the property is 
    subject to forfeiture and--
            (i) the seizure is made pursuant to a lawful arrest or 
        search; or
            (ii) another exception to the Fourth Amendment warrant 
        requirement would apply; or

        (C) the property was lawfully seized by a State or local law 
    enforcement agency and transferred to a Federal agency.

    (3) Notwithstanding the provisions of rule 41(a) of the Federal 
Rules of Criminal Procedure, a seizure warrant may be issued pursuant to 
this subsection by a judicial officer in any district in which a 
forfeiture action against the property may be filed under section 
1355(b) of title 28, and may be executed in any district in which the 
property is found, or transmitted to the central authority of any 
foreign state for service in accordance with any treaty or other 
international agreement. Any motion for the return of property seized 
under this section shall be filed in the district court in which the 
seizure warrant was issued or in the district court for the district in 
which the property was seized.
    (4)(A) If any person is arrested or charged in a foreign country in 
connection with an offense that would give rise to the forfeiture of 
property in the United States under this section or under the Controlled 
Substances Act, the Attorney General may apply to any Federal judge or 
magistrate judge in the district in which the property is located for an 
ex parte order restraining the property subject to forfeiture for not 
more than 30 days, except that the time may be extended for good cause 
shown at a hearing conducted in the manner provided in rule 43(e) of the 
Federal Rules of Civil Procedure.
    (B) The application for the restraining order shall set forth the 
nature and circumstances of the foreign charges and the basis for belief 
that the 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.
    (c) Property taken or detained under this section shall not be 
repleviable, but shall be deemed to be in the custody of the Attorney 
General, the Secretary of the Treasury, or the Postal Service, as the 
case may be, subject only to the orders and decrees of the court or the 
official having jurisdiction thereof. Whenever property is seized under 
this subsection, the Attorney General, the Secretary of the Treasury, or 
the Postal Service, as the case may be, may--
        (1) place the property under seal;
        (2) remove the property to a place designated by him; or
        (3) require that the General Services Administration take 
    custody of the property and remove it, if practicable, to an 
    appropriate location for disposition in accordance with law.

    (d) For purposes of this section, the provisions of the customs laws 
relating to the seizure, summary and judicial forfeiture, condemnation 
of property for violation of the customs laws, the disposition of such 
property or the proceeds from the sale of this section, the remission or 
mitigation of such forfeitures, and the compromise of claims (19 U.S.C. 
1602 et seq.), insofar as they are applicable and not inconsistent with 
the provisions of this section, shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under this section, except 
that such duties as are imposed upon the customs officer or any other 
person with respect to the seizure and forfeiture of property under the 
customs laws shall be performed with respect to seizures and forfeitures 
of property under this section by such officers, agents, or other 
persons as may be authorized or designated for that purpose by the 
Attorney General, the Secretary of the Treasury, or the Postal Service, 
as the case may be. The Attorney General shall have sole responsibility 
for disposing of petitions for remission or mitigation with respect to 
property involved in a judicial forfeiture proceeding.
    (e) Notwithstanding any other provision of the law, except section 3 
of the Anti Drug Abuse Act of 1986, the Attorney General, the Secretary 
of the Treasury, or the Postal Service, as the case may be, is 
authorized to retain property forfeited pursuant to this section, or to 
transfer such property on such terms and conditions as he may 
determine--
        (1) to any other Federal agency;
        (2) to any State or local law enforcement agency which 
    participated directly in any of the acts which led to the seizure or 
    forfeiture of the property;
        (3) in the case of property referred to in subsection (a)(1)(C), 
    to any Federal financial institution regulatory agency--
            (A) to reimburse the agency for payments to claimants or 
        creditors of the institution; and
            (B) to reimburse the insurance fund of the agency for losses 
        suffered by the fund as a result of the receivership or 
        liquidation;

        (4) in the case of property referred to in subsection (a)(1)(C), 
    upon the order of the appropriate Federal financial institution 
    regulatory agency, to the financial institution as restitution, with 
    the value of the property so transferred to be set off against any 
    amount later recovered by the financial institution as compensatory 
    damages in any State or Federal proceeding;
        (5) in the case of property referred to in subsection (a)(1)(C), 
    to any Federal financial institution regulatory agency, to the 
    extent of the agency's contribution of resources to, or expenses 
    involved in, the seizure and forfeiture, and the investigation 
    leading directly to the seizure and forfeiture, of such property;
        (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
        (7) In \1\ the case of property referred to in subsection 
    (a)(1)(D), to the Resolution Trust Corporation, the Federal Deposit 
    Insurance Corporation, or any other Federal financial institution 
    regulatory agency (as defined in section 8(e)(7)(D) of the Federal 
    Deposit Insurance Act).
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    \1\ So in original. Probably should not be capitalized.

The Attorney General, the Secretary of the Treasury, or the Postal 
Service, as the case may be, shall ensure the equitable transfer 
pursuant to paragraph (2) of any forfeited property to the appropriate 
State or local law enforcement agency so as to reflect generally the 
contribution of any such agency participating directly in any of the 
acts which led to the seizure or forfeiture of such property. A decision 
by the Attorney General, the Secretary of the Treasury, or the Postal 
Service pursuant to paragraph (2) shall not be subject to review. The 
United States shall not be liable in any action arising out of the use 
of any property the custody of which was transferred pursuant to this 
section to any non-Federal agency. The Attorney General, the Secretary 
of the Treasury, or the Postal Service may order the discontinuance of 
any forfeiture proceedings under this section in favor of the 
institution of forfeiture proceedings by State or local authorities 
under an appropriate State or local statute. After the filing of a 
complaint for forfeiture under this section, the Attorney General may 
seek dismissal of the complaint in favor of forfeiture proceedings under 
State or local law. Whenever forfeiture proceedings are discontinued by 
the United States in favor of State or local proceedings, the United 
States may transfer custody and possession of the seized property to the 
appropriate State or local official immediately upon the initiation of 
the proper actions by such officials. Whenever forfeiture proceedings 
are discontinued by the United States in favor of State or local 
proceedings, notice shall be sent to all known interested parties 
advising them of the discontinuance or dismissal. The United States 
shall not be liable in any action arising out of the seizure, detention, 
and transfer of seized property to State or local officials. The United 
States shall not be liable in any action arising out of a transfer under 
paragraph (3), (4), or (5) of this subsection.
    (f) All right, title, and interest in property described in 
subsection (a) of this section shall vest in the United States upon 
commission of the act giving rise to forfeiture under this section.
    (g)(1) Upon the motion of the United States, the court shall stay 
the civil forfeiture proceeding if the court determines that civil 
discovery will adversely affect the ability of the Government to conduct 
a related criminal investigation or the prosecution of a related 
criminal case.
    (2) Upon the motion of a claimant, the court shall stay the civil 
forfeiture proceeding with respect to that claimant if the court 
determines that--
        (A) the claimant is the subject of a related criminal 
    investigation or case;
        (B) the claimant has standing to assert a claim in the civil 
    forfeiture proceeding; and
        (C) continuation of the forfeiture proceeding will burden the 
    right of the claimant against self-incrimination in the related 
    investigation or case.

    (3) With respect to the impact of civil discovery described in 
paragraphs (1) and (2), the court may determine that a stay is 
unnecessary if a protective order limiting discovery would protect the 
interest of one party without unfairly limiting the ability of the 
opposing party to pursue the civil case. In no case, however, shall the 
court impose a protective order as an alternative to a stay if the 
effect of such protective order would be to allow one party to pursue 
discovery while the other party is substantially unable to do so.
    (4) In this subsection, the terms ``related criminal case'' and 
``related criminal investigation'' mean an actual prosecution or 
investigation in progress at the time at which the request for the stay, 
or any subsequent motion to lift the stay is made. In determining 
whether a criminal case or investigation is ``related'' to a civil 
forfeiture proceeding, the court shall consider the degree of similarity 
between the parties, witnesses, facts, and circumstances involved in the 
two proceedings, without requiring an identity with respect to any one 
or more factors.
    (5) In requesting a stay under paragraph (1), the Government may, in 
appropriate cases, submit evidence ex parte in order to avoid disclosing 
any matter that may adversely affect an ongoing criminal investigation 
or pending criminal trial.
    (6) Whenever a civil forfeiture proceeding is stayed pursuant to 
this subsection, the court shall enter any order necessary to preserve 
the value of the property or to protect the rights of lienholders or 
other persons with an interest in the property while the stay is in 
effect.
    (7) A determination by the court that the claimant has standing to 
request a stay pursuant to paragraph (2) shall apply only to this 
subsection and shall not preclude the Government from objecting to the 
standing of the claimant by dispositive motion or at the time of trial.
    (h) In addition to the venue provided for in section 1395 of title 
28 or any other provision of law, in the case of property of a defendant 
charged with a violation that is the basis for forfeiture of the 
property under this section, a proceeding for forfeiture under this 
section may be brought in the judicial district in which the defendant 
owning such property is found or in the judicial district in which the 
criminal prosecution is brought.
    (i)(1) Whenever property is civilly or criminally forfeited under 
this chapter, the Attorney General or the Secretary of the Treasury, as 
the case may be, may transfer the forfeited personal property or the 
proceeds of the sale of any forfeited personal or real property to any 
foreign country which participated directly or indirectly in the seizure 
or forfeiture of the property, if such a transfer--
        (A) has been agreed to by the Secretary of State;
        (B) is authorized in an international agreement between the 
    United States and the foreign country; and
        (C) is made to a country which, if applicable, has been 
    certified under section 481(h) \2\ of the Foreign Assistance Act of 
    1961.
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    \2\ See References in Text below.

A decision by the Attorney General or the Secretary of the Treasury 
pursuant to this paragraph shall not be subject to review. The foreign 
country shall, in the event of a transfer of property or proceeds of 
sale of property under this subsection, bear all expenses incurred by 
the United States in the seizure, maintenance, inventory, storage, 
forfeiture, and disposition of the property, and all transfer costs. The 
payment of all such expenses, and the transfer of assets pursuant to 
this paragraph, shall be upon such terms and conditions as the Attorney 
General or the Secretary of the Treasury may, in his discretion, set.
    (2) The provisions of this section shall not be construed as 
limiting or superseding any other authority of the United States to 
provide assistance to a foreign country in obtaining property related to 
a crime committed in the foreign country, including property which is 
sought as evidence of a crime committed in the foreign country.
    (3) A certified order or judgment of forfeiture by a court of 
competent jurisdiction of a foreign country concerning property which is 
the subject of forfeiture under this section and was determined by such 
court to be the type of property described in subsection (a)(1)(B) of 
this section, and any certified recordings or transcripts of testimony 
taken in a foreign judicial proceeding concerning such order or judgment 
of forfeiture, shall be admissible in evidence in a proceeding brought 
pursuant to this section. Such certified order or judgment of 
forfeiture, when admitted into evidence, shall constitute probable cause 
that the property forfeited by such order or judgment of forfeiture is 
subject to forfeiture under this section and creates a rebuttable 
presumption of the forfeitability of such property under this section.
    (4) A certified order or judgment of conviction by a court of 
competent jurisdiction of a foreign country concerning an unlawful drug 
activity which gives rise to forfeiture under this section and any 
certified recordings or transcripts of testimony taken in a foreign 
judicial proceeding concerning such order or judgment of conviction 
shall be admissible in evidence in a proceeding brought pursuant to this 
section. Such certified order or judgment of conviction, when admitted 
into evidence, creates a rebuttable presumption that the unlawful drug 
activity giving rise to forfeiture under this section has occurred.
    (5) The provisions of paragraphs (3) and (4) of this subsection 
shall not be construed as limiting the admissibility of any evidence 
otherwise admissible, nor shall they limit the ability of the United 
States to establish probable cause that property is subject to 
forfeiture by any evidence otherwise admissible.
    (j) For purposes of this section--
        (1) the term ``Attorney General'' means the Attorney General or 
    his delegate; and
        (2) the term ``Secretary of the Treasury'' means the Secretary 
    of the Treasury or his delegate.

(Added Pub. L. 99-570, title I, Sec. 1366(a), Oct. 27, 1986, 100 Stat. 
3207-35; amended Pub. L. 100-690, title VI, Secs. 6463(a), (b), 6469(b), 
6470(b), (e), (f), 6471(c), Nov. 18, 1988, 102 Stat. 4374, 4377, 4378; 
Pub. L. 101-73, title IX, Sec. 963(a), (b), Aug. 9, 1989, 103 Stat. 504; 
Pub. L. 101-647, title I, Sec. 103, title XXV, Secs. 2508, 2524, 
2525(a), title XXXV, Sec. 3531, Nov. 29, 1990, 104 Stat. 4791, 4862, 
4873, 4874, 4924; Pub. L. 102-393, title VI, Sec. 638(d), Oct. 6, 1992, 
106 Stat. 1788; Pub. L. 102-519, title I, Sec. 104(a), Oct. 25, 1992, 
106 Stat. 3385; Pub. L. 102-550, title XV, Secs. 1525(c)(1), 1533, Oct. 
28, 1992, 106 Stat. 4065, 4066; Pub. L. 103-322, title XXXIII, 
Sec. 330011(s)(2), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 103-447, 
title I, Sec. 102(b), Nov. 2, 1994, 108 Stat. 4693; Pub. L. 106-185, 
Secs. 2(c)(1), 5(a), 6, 8(a), 20, Apr. 25, 2000, 114 Stat. 210, 213-215, 
224.)

                       References in Text

    The Controlled Substances Act, referred to in subsecs. (a)(1)(B) and 
(b)(4)(A), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, 
as amended, which is classified principally to subchapter I (Sec. 801 et 
seq.) of chapter 13 of Title 21, Food and Drugs. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 801 of Title 21 and Tables.
    The Federal Rules of Criminal Procedure, referred to in subsec. 
(b)(2), (3), are set out in the Appendix to this title.
    The Supplemental Rules for Certain Admiralty and Maritime Claims, 
referred to in subsec. (b)(2)(A), are set out as part of the Federal 
Rules of Civil Procedure in the Appendix to Title 28, Judiciary and 
Judicial Procedure.
    The Federal Rules of Civil Procedure, referred to in subsec. 
(b)(4)(A), are set out in the Appendix to Title 28, Judiciary and 
Judicial Procedure.
    The customs laws, referred to in subsec. (d), are classified 
generally to Title 19, Customs Duties. See, particularly, sections 1902 
to 1919 of Title 19.
    Section 3 of the Anti Drug Abuse Act of 1986, referred to in subsec. 
(e), is section 3 of Pub. L. 99-570, which is set out as a note under 
section 801 of Title 21, Food and Drugs.
    Section 8(e)(7)(D) of the Federal Deposit Insurance Act, referred to 
in subsec. (e)(7), is classified to section 1818(e)(7)(D) of Title 12, 
Banks and Banking.
    Section 481(h) of the Foreign Assistance Act of 1961, referred to in 
subsec. (i)(1)(C), was classified to section 2291(h) of Title 22, 
Foreign Relations and Intercourse, prior to repeal of subsec. (h) by 
Pub. L. 102-583, Sec. 6(b)(2), Nov. 2, 1992, 106 Stat. 4932. Reference 
to section 481(h) of the Foreign Assistance Act of 1961 probably should 
be to section 490(a)(1) of the Act, which is classified to section 
2291j(a)(1) of Title 22.


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-185, Sec. 2(c)(1)(A), substituted 
``The'' for ``Except as provided in paragraph (2), the'' in introductory 
provisions.
    Subsec. (a)(1)(C). Pub. L. 106-185, Sec. 20(a), substituted ``or any 
offense constituting `specified unlawful activity' (as defined in 
section 1956(c)(7) of this title), or a conspiracy to commit such 
offense.'' for ``or a violation of section 1341 or 1343 of such title 
affecting a financial institution.''
    Subsec. (a)(2). Pub. L. 106-185, Secs. 2(c)(1)(B), 20(b), added par. 
(2) and struck out former par. (2) which read as follows: ``No property 
shall be forfeited under this section to the extent of the interest of 
an owner or lienholder by reason of any act or omission established by 
that owner or lienholder to have been committed without the knowledge of 
that owner or lienholder.''
    Subsec. (b). Pub. L. 106-185, Sec. 5(a), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows:
    ``(b)(1) Any property--
        ``(A) subject to forfeiture to the United States under 
    subparagraph (A) or (B) of subsection (a)(1) of this section--
            ``(i) may be seized by the Attorney General; or
            ``(ii) in the case of property involved in a violation of 
        section 5313(a) or 5324 of title 31, United States Code, or 
        section 1956 or 1957 of this title investigated by the Secretary 
        of the Treasury or the United States Postal Service, may be 
        seized by the Secretary of the Treasury or the Postal Service; 
        and
        ``(B) subject to forfeiture to the United States under 
    subparagraph (C) of subsection (a)(1) of this section may be seized 
    by the Attorney General, the Secretary of the Treasury, or the 
    Postal Service.
    ``(2) Property shall be seized under paragraph (1) of this 
subsection upon process issued pursuant to the Supplemental Rules for 
certain Admiralty and Maritime Claims by any district court of the 
United States having jurisdiction over the property, except that seizure 
without such process may be made when--
        ``(A) the seizure is pursuant to a lawful arrest or search; or
        ``(B) the Attorney General, the Secretary of the Treasury, or 
    the Postal Service, as the case may be, has obtained a warrant for 
    such seizure pursuant to the Federal Rules of Criminal Procedure, in 
    which event proceedings under subsection (d) of this section shall 
    be instituted promptly.''
    Subsec. (e)(6). Pub. L. 106-185, Sec. 6, added par. (6) and struck 
out former par. (6) which read as follows: ``in the case of property 
referred to in subsection (a)(1)(C), restore forfeited property to any 
victim of an offense described in subsection (a)(1)(C); or''.
    Subsec. (g). Pub. L. 106-185, Sec. 8(a), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``The filing 
of an indictment or information alleging a violation of law, Federal, 
State, or local, which is also related to a forfeiture proceeding under 
this section shall, upon motion of the United States and for good cause 
shown, stay the forfeiture proceeding.''
    1994--Subsec. (e)(7). Pub. L. 103-322, Sec. 330011(s)(2), amended 
directory language of Pub. L. 101-647, Sec. 2525(a)(2). See 1990 
Amendment note below.
    Subsec. (i)(1)(C). Pub. L. 103-447, which directed substitution of 
``section 490(a)(1) of the Foreign Assistance Act of 1961'' for 
``paragraph (1)(A) of section 481(h) of the Foreign Assistance Act of 
1961'', could not be executed because the words ``paragraph (1)(A) of'' 
do not appear in text.
    1992--Subsec. (a)(1)(A). Pub. L. 102-550, Sec. 1525(c)(1), 
substituted ``5324(a)'' for ``5324''.
    Subsec. (a)(1)(C). Pub. L. 102-393 inserted provisions relating to 
sections 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 
487, 488, 501, 502, 510, 542, 545, 842, 844, 1028, 1029, and 1030 of 
this title.
    Subsec. (a)(1)(F). Pub. L. 102-519 added subpar. (F).
    Subsec. (e). Pub. L. 102-550, Sec. 1533, struck out penultimate 
sentence of concluding provisions which read as follows: ``The authority 
granted to the Secretary of the Treasury and the Postal Service pursuant 
to this subsection shall apply only to property that has been 
administratively forfeited.''
    1990--Subsec. (a)(1)(C). Pub. L. 101-647, Sec. 2524(1), inserted 
``1032,'' after ``1014,'' and ``or a violation of section 1341 or 1343 
of such title affecting a financial institution'' before period at end.
    Subsec. (a)(1)(D), (E). Pub. L. 101-647, Sec. 2525(a)(1), added 
subpars. (D) and (E).
    Subsec. (b). Pub. L. 101-647, Sec. 2524(2), added par. (1) and par. 
(2) introductory provisions, redesignated former pars. (1) and (2) as 
subpars. (A) and (B) of par. (2), and struck out former introductory 
provisions which read as follows: ``Any property subject to forfeiture 
to the United States under subsection (a)(1)(A) or (a)(1)(B) of this 
section may be seized by the Attorney General or, with respect to 
property involved in a violation of section 5313(a) or 5324 of title 31 
or of section 1956 or 1957 of this title investigated by the Secretary 
of the Treasury or the Postal Service may be seized by the Secretary of 
the Treasury or the Postal Service, in each case upon process issued 
pursuant to the Supplemental Rules for certain Admiralty and Maritime 
Claims by any district court of the United States having jurisdiction 
over the property, except that seizure without such process may be made 
when--''.
    Subsec. (d). Pub. L. 101-647, Sec. 3531, inserted a period at end.
    Subsec. (e)(3), (4). Pub. L. 101-647, Sec. 2524(3), (4), struck out 
``(if the affected financial institution is in receivership or 
liquidation)'' after ``subsection (a)(1)(C)''.
    Subsec. (e)(6). Pub. L. 101-647, Sec. 2508, added par. (6).
    Subsec. (e)(7). Pub. L. 101-647, Sec. 2525(a)(2), as amended by Pub. 
L. 103-322, Sec. 330011(s)(2), added par. (7).
    Subsec. (i). Pub. L. 101-647, Sec. 103(1), struck out introductory 
provisions which read as follows: ``In the case of property subject to 
forfeiture under subsection (a)(1)(B), the following additional 
provisions shall, to the extent provided by treaty, apply:''.
    Subsec. (i)(1). Pub. L. 101-647, Sec. 103(3), substituted first 
sentence for ``Notwithstanding any other provision of law, except 
section 3 of the Anti Drug Abuse Act of 1986, whenever property is 
civilly or criminally forfeited under the Controlled Substances Act, the 
Attorney General may, with the concurrence of the Secretary of State, 
equitably transfer any conveyance, currency, and any other type of 
personal property which the Attorney General may designate by regulation 
for equitable transfer, or any amounts realized by the United States 
from the sale of any real or personal property forfeited under the 
Controlled Substances Act to an appropriate foreign country to reflect 
generally the contribution of any such foreign country participating 
directly or indirectly in any acts which led to the seizure or 
forfeiture of such property. Such property when forfeited pursuant to 
subsection (a)(1)(B) of this section may also be transferred to a 
foreign country pursuant to a treaty providing for the transfer of 
forfeited property to such foreign country.''
    Pub. L. 101-647, Sec. 103(2), (4), (5), inserted ``or the Secretary 
of the Treasury'' after ``Attorney General'' in two places, realigned 
margin, and struck out at end ``Transfers may be made under this 
subsection during a fiscal year to a country that is subject to 
paragraph (1)(A) of section 481(h) of the Foreign Assistance Act of 1961 
(relating to restrictions on United States assistance) only if there is 
a certification in effect with respect to that country for that fiscal 
year under paragraph (2) of that section.''
    Subsec. (i)(2) to (5). Pub. L. 101-647, Sec. 103(2), realigned 
margins.
    1989--Subsec. (a)(1)(C). Pub. L. 101-73, Sec. 963(a), added subpar. 
(C).
    Subsec. (e). Pub. L. 101-73, Sec. 963(b), substituted ``determine--
'' for ``determine to--'' in introductory provisions, inserted ``The 
United States shall not be liable in any action arising out of a 
transfer under paragraph (3), (4), or (5) of this subsection.'' in 
closing provisions, added pars. (1) to (5), and struck out former pars. 
(1) and (2) which read as follows:
    ``(1) any other Federal agency; or
    ``(2) any State or local law enforcement agency which participated 
directly in any of the acts which led to the seizure or forfeiture of 
the property.''
    1988--Subsec. (a)(1)(A). Pub. L. 100-690, Sec. 6463(a)(1), added 
subpar. (A) and struck out former subpar. (A) which read as follows: 
``Any property, real or personal, which represents the gross receipts a 
person obtains, directly or indirectly, as a result of a violation of 
section 1956 or 1957 of this title, or which is traceable to such gross 
receipts.''
    Subsec. (a)(1)(B). Pub. L. 100-690, Sec. 6470(b), inserted ``, real 
or personal,'' after ``property'', substituted ``constituting, derived 
from, or traceable to, any proceeds obtained directly or indirectly 
from'' for ``which represents the proceeds of'', ``such offense would'' 
for ``such offense or activity would'', and ``punishable under the laws 
of the United States by imprisonment'' for ``punishable by 
imprisonment'', and inserted ``constituting the offense against the 
foreign nation'' after ``such act or activity''.
    Subsec. (a)(1)(C). Pub. L. 100-690, Sec. 6463(a)(2), struck out 
subpar. (C) which read as follows: ``Any coin and currency (or other 
monetary instrument as the Secretary of the Treasury may prescribe) or 
any interest in other property, including any deposit in a financial 
institution, traceable to such coin or currency involved in a 
transaction or attempted transaction in violation of section 5313(a) or 
5324 of title 31 may be seized and forfeited to the United States 
Government. No property or interest in property shall be seized or 
forfeited if the violation is by a domestic financial institution 
examined by a Federal bank supervisory agency or a financial institution 
regulated by the Securities and Exchange Commission or a partner, 
director, officer, or employee thereof.''
    Subsec. (a)(2). Pub. L. 100-690, Sec. 6470(e), substituted 
``omission'' for ``emission''.
    Subsec. (b). Pub. L. 100-690, Sec. 6463(b), which directed amendment 
of subsec. (b) by substituting ``involved in a violation of section 
5313(a) or 5324 of title 31 or of section 1956 or 1957 of this title 
investigated by the Secretary of the Treasury'' for ``involved in a 
violation of section 1956 or 1957 of this title investigated by the 
Secretary of the Treasury, and any property subject to forfeiture under 
subsection (a)(1)(C) of this section'' was executed by substituting the 
new language for ``involved in a violation of section 1956 or 1957 of 
this title investigated by the Secretary of the Treasury, may be seized 
by the Secretary of the Treasury, and any property subject to forfeiture 
under subsection (a)(1)(C) of this section'' in introductory provisions, 
to reflect the probable intent of Congress.
    Pub. L. 100-690, Sec. 6469(b)(1), inserted ``or the Postal Service'' 
after ``Secretary of the Treasury'' in two places in introductory 
provisions.
    Subsec. (b)(2). Pub. L. 100-690, Sec. 6469(b)(2), substituted ``the 
Attorney General, the Secretary of the Treasury, or the Postal Service'' 
for ``the Attorney General or the Secretary of the Treasury''.
    Subsec. (c). Pub. L. 100-690, Sec. 6469(b)(2), substituted ``the 
Attorney General, the Secretary of the Treasury, or the Postal Service'' 
for ``the Attorney General or the Secretary of the Treasury'' in two 
places.
    Subsec. (d). Pub. L. 100-690, Sec. 6469(b)(2), (3), substituted 
``the Attorney General, the Secretary of the Treasury, or the Postal 
Service'' for ``the Attorney General or the Secretary of the Treasury'' 
and inserted provision that Attorney General have sole responsibility 
for disposing of petitions for remission or mitigation with respect to 
property involved in a judicial forfeiture proceeding.
    Subsec. (e). Pub. L. 100-690, Sec. 6469(b)(2), which directed the 
substitution of ``the Attorney General, the Secretary of the Treasury, 
or the Postal Service'' for ``the Attorney General or the Secretary of 
the Treasury'' was executed to reflect the probable intent of Congress 
by making the substitution in four places without regard as to whether 
or not the initial article ``the'' was capitalized.
    Pub. L. 100-690, Sec. 6469(b)(4), inserted provision that the 
authority granted to the Secretary of the Treasury and the Postal 
Service apply only to property that has been administratively forfeited.
    Subsec. (g). Pub. L. 100-690, Sec. 6471(c), inserted ``, Federal, 
State or local,'' after ``law''.
    Subsec. (i)(1). Pub. L. 100-690, Sec. 6470(f), substituted 
``subsection'' for ``subchapter'' in fourth sentence.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding 
commenced on or after the date that is 120 days after Apr. 25, 2000, see 
section 21 of Pub. L. 106-185, set out as a note under section 1324 of 
Title 8, Aliens and Nationality.


                    Effective Date of 1994 Amendment

    Section 330011(s)(2) of Pub. L. 103-322 provided that the amendment 
made by that section is effective as of the date on which section 
2525(a)(2) of Pub. L. 101-647 took effect.


                      Short Title of 2000 Amendment

    Pub. L. 106-185, Sec. 1(a), Apr. 25, 2000, 114 Stat. 202, provided 
that: ``This Act [enacting sections 983 and 985 of this title and 
sections 2466 and 2467 of Title 28, Judiciary and Judicial Procedure, 
amending this section, sections 982 to 984, 986, 2232, 2254, and 3322 of 
this title, section 1324 of Title 8, Aliens and Nationality, section 
1621 of Title 19, Customs Duties, section 881 of Title 21, Food and 
Drugs, sections 524, 2461, 2465, and 2680 of Title 28, and section 2996f 
of Title 42, The Public Health and Welfare, repealing section 888 of 
Title 21, and enacting provisions set out as notes under section 1324 of 
Title 8, section 2466 of Title 28, and section 3724 of Title 31, Money 
and Finance] may be cited as the `Civil Asset Forfeiture Reform Act of 
2000'.''


                      Short Title of 1988 Amendment

    Section 6181 of Pub. L. 100-690 provided that: ``This subtitle 
[subtitle E (Secs. 6181-6187) of title VI of Pub. L. 100-690, enacting 
sections 5325 and 5326 of Title 31, Money and Finance, amending sections 
1956 and 1957 of this title, sections 1730d, 1829b, 1953, 1955, 3403, 
3412, 3413, 3417, and 3420 of Title 12, Banks and Banking, and sections 
5312, 5318, and 5321 of Title 31] may be cited as the `Money Laundering 
Prosecution Improvements Act of 1988'.''


                      Short Title of 1986 Amendment

    Section 1351 of Pub. L. 99-570 provided that: ``This subtitle 
[subtitle H (Secs. 1351-1367) of title I of Pub. L. 99-570, enacting 
this section, sections 982, 1956, and 1957 of this title and section 
5324 of Title 31, Money and Finance, amending sections 1952, 1961, and 
2516 of this title, sections 1464, 1730, 1786, 1817, 1818, 3403, and 
3413 of Title 12, Banks and Banking, and sections 5312, 5316 to 5318, 
5321, and 5322 of Title 31, and enacting provisions set out as notes 
under this section, sections 1464 and 1730 of Title 12, and sections 
5315 to 5317, 5321, and 5324 of Title 31] may be cited as the `Money 
Laundering Control Act of 1986'.''


                              Severability

    Section 1367 of Pub. L. 99-570 provided that: ``If any provision of 
this subtitle [see Short Title of 1986 Amendment note above] or any 
amendment made by this Act [see Short Title of 1986 Amendment note set 
out under section 801 of Title 21, Food and Drugs], or the application 
thereof to any person or circumstances is held invalid, the provisions 
of every other part, and their application, shall not be affected 
thereby.''

                  Section Referred to in Other Sections

    This section is referred to in title 8 section 1324; title 12 
sections 1831k, 3412; title 19 section 1613b; title 21 section 881; 
title 31 section 9703.
