To reform civil asset forfeiture, and for other purposes.

To reform civil asset forfeiture, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Civil Asset Forfeiture Reform Act of 1999'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Burden of proof.

Sec. 3. Notice of administrative forfeiture; limitations period for challenges.

Sec. 4. Time for filing claim; waiver of cost bond.

Sec. 5. Time for filing a complaint.

Sec. 6. Probable cause hearing.

Sec. 7. Award of attorneys' fees to successful claimants.

Sec. 8. Special provisions for real property.

Sec. 9. Compensation for damage to seized property.

Sec. 10. Uniform innocent owner defense.

Sec. 11. Release of property in hardship cases.

Sec. 12. Stay of civil forfeiture case.

Sec. 13. Prejudgment interest.

Sec. 14. Seizure warrant requirement.

Sec. 15. Civil restraining orders.

Sec. 16. Excessive fines.

Sec. 17. Civil investigative demands.

Sec. 18. Access to records in bank secrecy jurisdictions.

Sec. 19. Cooperation among Federal prosecutors.

Sec. 20. Access to other records.

Sec. 21. Statute of limitations for civil forfeiture actions.

Sec. 22. Destruction or removal of property to prevent seizure.

Sec. 23. Fungible property in bank accounts.

Sec. 24. Currency seized from drug couriers.

Sec. 25. Use of forfeited funds to pay restitution to crime victims.

Sec. 26. Fugitive disentitlement.

Sec. 27. Enforcement of foreign forfeiture judgment.

Sec. 28. Encouraging use of criminal forfeiture as an alternative to civil forfeiture.

Sec. 29. Application of procedures for drug cases.

Sec. 30. Application of procedures to other civil forfeitures.

Sec. 31. Application to alien smuggling offenses.

Sec. 32. Effective dates.

SEC. 2. BURDEN OF PROOF.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(k) BURDEN OF PROOF AT TRIAL-

`(1) IN GENERAL- At trial--

`(A) the Government shall have the burden of proving that the property is subject to forfeiture by a preponderance of the evidence; and

`(B) the claimant shall have the burden of proving any affirmative defense by a preponderance of the evidence.

`(2) TIMING- No party shall be required to establish that it is able to meet its burden of proof under paragraph (1) until the time of trial, except that any party may file a motion for summary judgment pursuant to rule 56 of the Federal Rules of Civil Procedure at any time.'.

SEC. 3. NOTICE OF ADMINISTRATIVE FORFEITURE; LIMITATIONS PERIOD FOR CHALLENGES.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(l) ADMINISTRATIVE FORFEITURES-

`(1) NOTICE-

`(A) IN GENERAL- Whenever property, other than real property, is seized by a Federal law enforcement agency pursuant to subsection (b), or is turned over to a Federal law enforcement agency by a State or local law enforcement agency pursuant to subsection (b)(2)(C) for the purpose of forfeiture under Federal law, the Government shall commence administrative forfeiture proceedings against the property pursuant to the customs laws (19 U.S.C. 1602 et seq.) not later than 60 days after the seizure or turnover, unless the Attorney General has filed a civil forfeiture complaint, or included the property in a criminal indictment, before such 60-day period has expired. Upon commencing administrative forfeiture proceedings, the seizing agency shall send notice of the proceedings, together with information on the applicable procedures for contesting the forfeiture, 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 property. If the identity or interest of a party 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 after the determination of the seizing agency of the identity of the party or the party's interest.

`(B) RETURN OF PROPERTY- If the Government does not send notice of a seizure of property to the person from whom it was received in accordance with subparagraph (A), and no extension of time is granted, the Government shall return the property to that person without prejudice to the right of the Government to commence a forfeiture proceeding at a later time. If the property is returned under this paragraph, neither the seizing agency nor any individual agent shall be held liable for the failure to provide notice. The Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

`(2) EXTENSION-

`(A) IN GENERAL- The Attorney General, the Secretary of the Treasury, or the United States Postal Service, as applicable, may waive the requirements of paragraph (1)(A) for good cause.

`(B) DELEGATION OF AUTHORITY- The power to grant a waiver may be delegated to a person of supervisory rank (as defined in section 7103(a)(10) of title 5) in the headquarters office of the seizing agency.

`(3) MOTION TO SET ASIDE DECLARATION OF FORFEITURE-

`(A) IN GENERAL- Any person entitled to notice under paragraph (1)(A) who does not receive such notice may file, not later than 2 years after the date of final publication of notice of seizure of the property, a motion to set

`(i) the moving party had an ownership or possessory interest in the forfeited property, and the Government knew, or reasonably should have known, of that party's interest and failed to take reasonable steps to provide such party with notice of the forfeiture; and

`(ii) the moving party did not have actual notice of the seizure within sufficient time to file a claim within the time period provided by law.

`(B) SETTING ASIDE DECLARATION OF FORFEITURE- If the court grants a motion made under subparagraph (A), the court shall set aside the declaration of forfeiture as to the interest of the moving party pending forfeiture proceedings in accordance with the Tariff Act of 1930 (19 U.S.C. 1602 et seq.), which proceedings shall be instituted within 60 days of the entry of the order granting the motion.

`(C) DISPOSED PROPERTY- If, at the time a motion made under this subparagraph (A) is granted, the forfeited property has been disposed of by the Government in accordance with law, the Government shall institute forfeiture proceedings under subparagraph (B) against a substitute sum of money equal to the value of the forfeited property at the time the property was disposed of, plus interest.

`(D) JUDICIAL REVIEW- A motion made under this subsection shall be the exclusive means of obtaining judicial review of a declaration of forfeiture entered by a seizing agency.'.

SEC. 4. TIME FOR FILING CLAIM; WAIVER OF COST BOND.

(a) IN GENERAL- Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended to read as follows:

`SEC. 608. SEIZURES; CLAIMS; JUDICIAL CONDEMNATION.

`(a) IN GENERAL- Any person claiming such seized vessel, vehicle, aircraft, merchandise, or baggage may file a claim with the Customs Service at any time after the seizure, provided that the claim is filed not later than 30 days after the first publication of notice of seizure, or the deadline set forth in a personal notice letter received by such person, whichever is later. The claim shall be signed by the claimant under penalty of perjury and shall contain a brief statement of the nature and extent of the claimant's ownership interest in the property.

`(b) BOND- Any person filing a claim pursuant to subsection (a) shall post the bond to the United States in the sum of $5,000 or 10 percent of the value of the claimed property, whichever is less, but not less than $250, with sureties approved by the Customs Service. No bond shall be required if the Secretary approves a claim filed in forma pauperis. A claim filed in forma pauperis shall include the information required to complete form 4 in the appendix of forms following rule 48 of the Federal Rules of Appellate Procedure.

`(c) TRANSMITTAL TO UNITED STATES ATTORNEY- Upon the filing of a claim pursuant to this section, the Customs Service shall transmit the claim, with a duplicate list and description of the articles seized, to the United States attorney for the district in which the property was seized, or any other district in which a forfeiture action may be filed pursuant to section 1355(b) of title 28, United States Code. The United States attorney, after reviewing the matter, may decide, in his or her discretion, to return the property to the claimant or to reach an appropriate compromise agreement with the claimant with respect to the property. Otherwise, the United States attorney shall proceed to a condemnation of the merchandise or other property in the manner prescribed in the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, or shall proceed to include the merchandise or other property in an appropriate criminal indictment.'.

(b) CONFORMING AMENDMENT- Section 609 of the Tariff Act of 1930 (19 U.S.C. 1609) is amended by striking `twenty' and inserting `30'.

(c) EXEMPTION FROM COST BOND REQUIREMENT- Section 981(d) of title 18, United States Code, is amended--

(1) by inserting `(1)' after `(d)'; and

(2) by adding at the end the following:

`(2)(A) A cost bond otherwise required by section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) shall not be required if the claimant--

`(i) pledges real or personal property having a value greater than or equal to the value of the bond that would otherwise be required under section 608(b) as security against the costs of the Government;

`(ii) provides, in any case in which the pledged real or personal property is subject to a Federal or State recording, certificate of title, or registration statute, documentary proof evidencing the ownership of the property by the claimant or pledger; and

`(iii) files an affidavit under penalty of perjury setting forth the value of the property and stating that the claimant is the owner of the property.

`(B) Once the claim is referred to the United States attorney in accordance with section 608(c) of the Tariff Act of 1930 (19 U.S.C. 1608), the United States attorney may ask the court to review the facts set forth in the affidavit filed under subparagraph (A)(ii).

`(C) At the conclusion of the case, the claimant may move for return of the cost bond, or to rescind the property pledge, and the court shall grant such motion if the court finds that the claim was substantially justified. If the court denies such motion, or if no such motion is made, the Government shall retain the bond to the extent necessary to recover its costs and return the balance to the claimant. In the case of a property pledge, the Government may--

`(i) serve upon the claimant an assessment of its costs, which assessment shall be collectible as a debt owed to the Government under chapter 176 of title 28; or

`(ii) foreclose on the pledged property to recover its costs.'.

SEC. 5. TIME FOR FILING A COMPLAINT.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(m) FILING A COMPLAINT-

`(1) IN GENERAL- In any case in which property has been seized or restrained by the Government and a claim has been filed, the Attorney General shall--

`(A) not later than 90 days after the date on which the claim is filed (unless such requirement is waived by mutual agreement between the Government and the claimants), file a complaint for forfeiture in the manner set forth in the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, or include a forfeiture count in a criminal indictment or information, or both; or

`(B) return the property pending the filing of a complaint or indictment.

`(2) EXTENSION OF TIME-

`(A) IN GENERAL- The Government may apply to a Federal magistrate judge (as defined in the Federal Rules of Criminal Procedure) in any district in which venue for a forfeiture action would lie under section 1355(b) of title 28 for an extension of time in which to comply with paragraph (1), which extension shall be granted based on a showing of good cause.

`(B) EX PARTE APPLICATIONS- If an extension is sought under this paragraph on the basis that the filing required by paragraph (1) would jeopardize an ongoing criminal investigation or prosecution or court-authorized electronic surveillance, the application under subparagraph (A) may be made ex parte.

`(3) FILING OF CLAIM AND ANSWER-

`(A) IN GENERAL- Subject to subparagraph (B), upon the filing of a civil complaint, the claimant shall file a claim and answer in accordance with the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims.

`(B) MOTION TO DISMISS- After filing a timely claim under subparagraph (A), a party with standing to challenge the forfeiture may, within the time period provided for filing of an answer under rule C(6) of the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, file, in lieu of an answer, a motion to dismiss the complaint for failure to comply with rule E(2)(a) of the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, or on any other ground set for in rule 12(b) of the Federal Rules of Civil Procedure. If such motion is denied, the claimant shall file an answer within the period provided by rule 12(a)(4) of the Federal Rules of Civil Procedure, or such other period as the court may determine.

`(4) MOTION TO DISMISS COMPLAINT FOR FORFEITURE-

`(A) IN GENERAL- If a complaint for forfeiture is filed, a party with standing to challenge the forfeiture may move to dismiss the complaint for failure to comply with rule E(2) of the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, or on any other ground set forth in rule 12(b) of the Federal Rules of Civil Procedure.

`(B) INSUFFICIENCY OF EVIDENCE- Notwithstanding section 615 of the Tariff Act of 1930 (19 U.S.C. 1615), a party may not move to dismiss the complaint on the ground that the evidence in the possession of the Government at the time the Government filed its complaint was insufficient to establish the forfeitability of the property.'.

SEC. 6. PROBABLE CAUSE HEARING.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(n) PROBABLE CAUSE HEARING- A person with standing to challenge the forfeiture of property seized under this section may file a motion for the return of the property in the manner described in rule 41(e) of the Federal Rules of Criminal Procedure. If such motion is filed, the court shall conduct a hearing within 90 days and shall order the release of the property, pending trial on the forfeiture and the entry of judgment, unless--

`(1) the Government establishes probable cause to believe that the property is subject to forfeiture, based on all information available to the Government at the time of the hearing;

`(2) the Government has filed a civil forfeiture complaint against the property, and a magistrate judge has determined there is probable cause for the issuance of a warrant of arrest in rem pursuant to the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims;

`(3) a grand jury has returned an indictment that includes an allegation that the property is subject to criminal forfeiture;

`(4) the party filing the motion had notice of the intent of the Government to forfeit the property administratively pursuant to section 607(c) of the Tariff Act of 1930 (19 U.S.C. 1607(c)), and failed to file a claim to the property within the specified time period;

`(5) the property is contraband or other property that the moving party may not legally possess; or

`(6) the property is needed as evidence in a criminal investigation or prosecution.

SEC. 7. AWARD OF ATTORNEYS' FEES TO SUCCESSFUL CLAIMANTS.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(o) ATTORNEY FEES, COSTS, SANCTIONS-

`(1) IN GENERAL- Except as provided in paragraph (3), if the party filing a claim in a civil forfeiture case is not charged with any criminal offense in a related criminal case, and the court enters judgment for that party on any ground other than a ground set forth in subsection (r), the court shall order the Government to pay costs and reasonable attorneys' fees to the claimant. If the court enters judgment in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorneys' fees accordingly.

`(2) SANCTIONS- If the court enters judgment for the Government, and the court determines that the claim was frivolous, counsel representing the claimant may be subject to sanctions pursuant to rule 11 of the Federal Rules of Civil Procedure, and the claimant may be ordered to reimburse the Government for costs.

`(3) EXCEPTION- If the claimant is a lienholder with a secured interest in the property subject to forfeiture, and the Government agrees to accept the claim and pay off the lienholder at the conclusion of the case if the Government prevails as to other claims, no costs or attorneys fees shall be paid to the lienholder.'.

SEC. 8. SPECIAL PROVISIONS FOR REAL PROPERTY.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(p) CIVIL FORFEITURE OF REAL PROPERTY-

`(1) IN GENERAL- Notwithstanding any other provision of law, all civil forfeitures of real property and interests in real property shall proceed as judicial forfeitures. The administrative forfeiture provisions of the Tariff Act of 1930 (19 U.S.C. 1602 et seq.) do not apply to the forfeiture of real property.

`(2) PROCEDURES-

`(A) IN GENERAL- Except as otherwise provided in this subsection, real property that is the subject of a civil forfeiture action shall not be seized before entry of an order of forfeiture nor shall the owners or occupants of the real property be evicted from, or otherwise deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture action. In lieu of issuing an arrest warrant in rem as prescribed by the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, the court in which a civil forfeiture action against real property is pending shall issue a notice of complaint for forfeiture, which notice shall be served on the property owner and posted on the property. The posting of such notice shall be sufficient to give the court in rem jurisdiction over the property.

`(B) CONSTRUCTIVE SERVICE OF PROCESS- If the property owner cannot be served with the notice of complaint for forfeiture because such owner is a fugitive or resides outside of the United States, and efforts at service pursuant to rule 4 of the Federal Rules of Civil Procedure, are unavailing, or cannot be located despite the exercise of due diligence, constructive service may be made in accordance with the laws of the State in which the property is located.

`(3) SEIZURE PRIOR TO ENTRY OF ORDER OF FORFEITURE- Real property may be seized prior to the entry of an order of forfeiture if the Government notifies the court that the Government intends to seize the property before trial, and the court, before issuing any seizure warrant or arrest warrant in rem--

`(A) issues a Notice of Application for Warrant, causes the notice to be served on the property owner and posted on the property, and conducts a hearing to determine if there is probable cause for the forfeiture; or

`(B) makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property.

`(4) POST-SEIZURE HEARING- If the court issues a seizure warrant or arrest warrant in rem pursuant to paragraph (3)(B), the court shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure. If the real property is seized before a complaint is filed, the Government shall file a complaint, or institute criminal forfeiture proceedings, within 90 days of the seizure in accordance with subsection (m).

`(5) ACTIONS NOT CONSIDERED SEIZURES- For purposes of this section, the filing of a lis pendens and the execution of a writ of entry for the purpose of conducting an inspection and inventory of the property shall not be considered a seizure.

`(6) APPLICABILITY- This subsection applies only to civil forfeitures of real property and interests in real property and does not apply to forfeitures of the proceeds of the sale of such property or interests, or of money or other assets intended to be used to acquire such property or interests. Nothing in this section may be construed to affect the authority of the court to issue a restraining order affecting real property.'.

SEC. 9. COMPENSATION FOR DAMAGE TO SEIZED PROPERTY.

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 at the end the following: `, except that--

`(1) this chapter and section 1346(b) do apply to any claim based on negligence involving the destruction, injury, or loss of goods or merchandise while in the possession of any officer of customs or excise or any other Federal law enforcement officer, if--

`(A) the property was seized solely for the purpose of forfeiture;

`(B) the interest of the claimant is not forfeited; and

`(C) the claimant is not convicted of a crime for which the interest of the claimant in the property would be subject to forfeiture under Federal or State law; and

`(2) damage to property occurring in the course of carrying out a lawful law enforcement function, such as the disassembly of goods and merchandise, may not be construed to be the result of negligence, unless the law enforcement function was carried out in an unreasonable manner'.

SEC. 10. UNIFORM INNOCENT OWNER DEFENSE.

(a) IN GENERAL- Chapter 46 of title 18, United States Code, is amended by inserting after section 982 the following:

`Sec. 983. Innocent owners

`(a) The interest of an innocent owner in property shall not be forfeited in any judicial action under any civil forfeiture provision of this title, the Controlled Substances Act, or the Immigration and Nationality Act.

`(b)(1) In this section, the term `innocent owner' means, with respect to a property interest in existence at the time the illegal act giving rise to forfeiture took place, an owner who--

`(A) did not know that the property was being used or was likely to be used in the commission of such illegal act, or

`(B) upon learning that the property was being used or was likely to be used in the commission of such illegal act, did all that reasonably could be expected to terminate or to prevent such use of the property.

`(2)(A) In this section, the term `innocent owner' means, with respect to a property interest acquired after the act giving rise to the forfeiture took place, a person who establishes, by a preponderance of the evidence, that the person acquired the property as a bona fide purchaser for value who at the time of the purchase did not know and was reasonably without cause to believe that the property was subject to forfeiture.

`(B) In this paragraph--

`(i) the term `purchaser' means a person who becomes an owner of property or an interest in specific property by giving money, goods, or services in exchange for such property;

`(ii) a purchaser is `reasonably without cause to believe that the property was subject to forfeiture' if, in light of the circumstances, the purchaser did all that reasonably could be expected to ensure that he or she was not acquiring property that was subject to forfeiture.

`(C) An otherwise valid claim under subparagraph (A) shall not be denied on the ground that the claimant gave nothing of value in exchange for the property if--

`(i) the property is the principal residence of the claimant;

`(ii) depriving the claimant of the property would deprive the claimant of the claimant's only means of maintaining adequate shelter in the community for the claimant and all dependents residing with the claimant;

`(iii) the property is not, and is not traceable to, the proceeds of any criminal offense; and

`(iv) the claimant acquired his or her interest in the property through marriage, divorce, or legal separation, or the claimant was the spouse or legal dependent of a person whose death resulted in the transfer of the property to the claimant through inheritance or probate;

except that the court shall limit the value of any real property interest for which innocent ownership is recognized under this subparagraph to the value necessary to maintain adequate shelter in the community for such claimant and all dependents residing with the claimant.

`(3) Notwithstanding any provision of this section, no person may assert an ownership interest under this section in contraband or other property that is illegal to possess. Except as provided in paragraph (2)(A), no person may assert an ownership interest under this section in property that is the proceeds of any criminal offense, or is traceable to the proceeds of any criminal offense, irrespective of State property law.

`(4) An innocent owner defense under this section is an affirmative defense.

`(c) In this section--

`(1) the term `owner'--

`(A) means a person with an ownership interest in the specific property sought to be forfeited, including a lien, mortgage, recorded security device, or valid assignment of an ownership interest; and

`(B) does not include--

`(i) a person with only a general unsecured interest in, or claim against, the property or estate of another person;

`(ii) a bailee, unless the bailor is identified, and the bailor has authorized the bailee to claim in the forfeiture proceeding, pursuant to the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims;

`(iii) a nominee who exercises no dominion or control over the property; or

`(iv) a beneficiary of a constructive trust; and

`(2) a person shall be considered to have known that his or her property was being used or was likely to be used in the commission of an illegal act, if the Government establishes the existence of facts and circumstances that should have created a reasonable suspicion that the property was being or would be used for an illegal purpose.

`(d)(1) If the court determines, in accordance with this section, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy 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 Government with a provision that the Government compensate 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 liquid assets; or

`(C) if neither subparagraph (A) nor (B) is reasonably practical under all of the circumstances, 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.

`(2) 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.'.

(b) STRIKING SUPERSEDED PROVISIONS-

(1) CIVIL FORFEITURE- Section 981(a) of title 18, United States Code, is amended--

(A) in paragraph (1), by striking `Except as provided in paragraph (2), the' and inserting `The'; and

(B) by striking paragraph (2) and inserting the following:

`(2) [Reserved].'.

(2) DRUG FORFEITURES- Paragraphs (4), (6), and (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a) (4), (6), and (7)) are each amended by striking `, except that' and all that follows before the period at the end.

(3) FORFEITURES IN CONNECTION WITH SEXUAL EXPLOITATION OF CHILDREN- 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 before the period at the end.

(c) CONFORMING AMENDMENT- The analysis for chapter 46 of title 18, United States Code, is amended by inserting after the item relating to section 982 the following:

`983. Innocent owners.'.

SEC. 11. RELEASE OF PROPERTY IN HARDSHIP CASES.

(a) IN GENERAL- Chapter 46 of title 18, United States Code, is amended by inserting after section 984 the following:

`Sec. 985. Release of property to avoid hardship

`(a) IN GENERAL- A person who has filed a claim in a civil forfeiture action governed by the procedures set forth in this chapter 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 forfeiture and has filed a nonfrivolous claim on the merits of the forfeiture action;

`(2) the claimant has sufficient ties to the community to provide assurance that the property will be available at the time of the trial;

`(3) the continued possession by the United States 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 hardship to the claimant outweighs the risk that the property will be destroyed, damaged, lost, concealed, diminished in value or transferred if

`(5) none of the conditions set forth in subsection (c) applies.

`(b) PROCEDURES-

`(1) IN GENERAL- The claimant may make a request for the release 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 only be filed with the seizing agency or the United States attorney to whom the claim was referred. In either case, the request shall set forth the basis on which the requirements of subsection (a)(1) are met.

`(2) MOTION FOR RETURN OF SEIZED PROPERTY- If the seizing agency, or the United States attorney, as the case may be, denies the request or fails to act on the request by the deadline for filing a complaint for forfeiture in response to the claim, as required under this chapter, the claimant may file the request as a motion for the return of seized property in the district court for the district represented by the United States attorney to whom the claim was referred, or if the claim has not yet been referred, in the district court that issued the seizure warrant for the property, or if no warrant was issued, in any district court that would have jurisdiction to consider a motion for the return of seized property under rule 41(e) of the Federal Rules of Criminal Procedure. The motion shall set forth the basis on which the requirements of subsection (a) have been met and the steps the claimant has taken to secure the release of the property from the appropriate official.

`(3) ACTION BY DISTRICT COURT- The district court shall act on a motion made pursuant to this subsection within 30 days or as soon thereafter as practicable, and shall grant the motion if the claimant establishes that the requirements of subsection (a) have been met. All factual evidence shall be submitted through affidavit. The Government, in responding to a motion under this subsection, may in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter relating to an ongoing criminal investigation or pending trial.

`(4) COURT ORDER TO MAINTAIN VALUE OF PROPERTY- If the court grants the motion, the court shall 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 Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims. If the property to be returned is an airplane, a vessel, or a motor vehicle with a value of greater than $25,000, the claimant shall post a bond equal to the value of the property, unless the court waives the bond for good cause. The Government may place a lien against the property or file a lis pendens to ensure that the property is not transferred to another person. The Government, in responding to a motion under this subsection, may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter relating to an ongoing criminal investigation or pending trial.

`(5) REINSTATEMENT OF INSURANCE- Any insurance on the subject property at the time of seizure shall be kept in force, or shall be reinstated if it has been discontinued since the time of seizure, prior to return of the property pursuant to this subsection, and the court, in appropriate cases, may also order that such insurance be obtained by the claimant as a condition of release of the property. 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 proceeds shall be subject to forfeiture in place of the property originally seized.

`(c) INAPPLICABILITY- This section does not apply if the seized property--

`(1) is contraband, currency, or other monetary instrument, or electronic funds;

`(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) CHANGE OF VENUE- Once a motion for the release of property under this section is filed, the party filing the motion or the Government may request that the motion be transferred to another district in which venue for the forfeiture action would lie under section 1355(b) of title 28 pursuant to the change of venue provisions in section 1404 of title 28.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 46 of title 18, United States Code, is amended by inserting after the item relating to section 984 the following:

`985. Release of property to avoid hardship.'.

SEC. 12. STAY OF CIVIL FORFEITURE CASE.

(a) IN GENERAL- Section 981(g) of title 18, United States Code, is amended to read as follows:

`(g) STAY OF CIVIL FORFEITURE CASE-

`(1) IN GENERAL- Upon the motion of the United States, the court shall stay the civil forfeiture proceeding if the court determines that civil discovery or trial could adversely affect the ability of the Government to conduct a related criminal investigation or the prosecution of a related criminal case.

`(2) STAY OF PROCEEDINGS- 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 may infringe upon the right of the claimant against self-incrimination in the related investigation or case.

`(3) PROTECTIVE ORDER LIMITING DISCOVERY- 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 1 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 1 party to pursue discovery while the other party is substantially unable to do so.

`(4) DEFINITIONS- In this subsection, the terms `related criminal case' and `related criminal investigation' mean an actual prosecution or investigation in progress at the time 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 2 proceedings without requiring an identity with respect to any 1 or more factors.

`(5) PRESENTATIONS EX PARTE AND UNDER SEAL- Any presentation by the Government to the court under this subsection that involves an ongoing criminal investigation or prosecution shall be made ex parte and under seal.

`(6) COURT ORDER TO PRESERVE VALUE OF PROPERTY- 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) APPLICABILITY OF STANDING DETERMINATION- 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.'.

(b) DRUG FORFEITURES- Section 511(i) of the Controlled Substances Act (21 U.S.C. 881(i)) is amended to read as follows:

`(i) The provisions of section 981(g) of title 18, United States Code, regarding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section.'.

SEC. 13. PREJUDGMENT INTEREST.

(a) IN GENERAL- Section 2465 of title 28, United States Code, is amended--

(1) by striking `Upon' and inserting the following:

`(a) IN GENERAL- Upon'; and

(2) by adding at the end the following:

`(b) INTEREST- Upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under provision of title 18, the Controlled Substances Act, or the Immigration and Nationality Act, the United States--

`(1) shall be liable for post-judgment interest as set forth in section 1961;

`(2) shall not be liable for prejudgment interest, except that in cases involving currency or other negotiable instruments, the United States shall disgorge to the claimant any funds representing interest actually paid to the United States from the date of seizure or arrest of the property, if such interest resulted from the investment of the property in an interest-bearing account or instrument; and

`(3) shall not be required to disgorge the value of any intangible benefits nor to make any other payments of interest or other compensation to the claimant not specifically authorized by this subsection.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to any judgment entered after the date of enactment of this Act.

SEC. 14. SEIZURE WARRANT REQUIREMENT.

(a) IN GENERAL- Section 981(b) of title 18, United States Code, is amended to read as follows:

`(b) SEIZURE WARRANT REQUIREMENT-

`(1) IN GENERAL- Any property subject to forfeiture to the United States under this section 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 United States Postal Service, respectively.

`(2) WARRANT REQUIREMENT- Any seizure pursuant to this section shall be made pursuant to a warrant, which may be issued by a magistrate judge 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 district court and the court has issued an arrest warrant in rem pursuant to the Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims, based upon a showing of probable cause;

`(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 has been transferred to a Federal agency.

`(3) OUT-OF-DISTRICT WARRANTS- Notwithstanding rule 41(a) of the Federal Rules of Criminal Procedure, a seizure warrant may be issued pursuant to this subsection by a judicial officer in any district in which a forfeiture action against the property may be filed under section 1355(b) of title 28, and 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. The judicial officer shall command the officer to seize, within a specified period of time not to exceed 20 days, the property specified in the warrant. 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) SUPPRESSION OF EVIDENCE- A party with standing to challenge a seizure and forfeiture under this section may move to suppress the use of the property as evidence on the ground that the Government lacked probable cause at the time of the seizure. Suppression of the property as evidence shall not affect the right of the Government to proceed with a forfeiture action based on independently derived evidence.

`(5) PERSONS ARRESTED ABROAD-

`(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.'.

(b) DRUG FORFEITURES- Section 511(b) of the Controlled Substances Act (21 U.S.C. 881(b)) is amended to read as follows:

`(b) Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in section 981(b) of title 18, United States Code.'.

SEC. 15. CIVIL RESTRAINING ORDERS.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(q) RESTRAINING ORDERS- The court, before or after the filing of a forfeiture complaint and on the application of the Government, may--

`(1) enter any restraining order or injunction pursuant to section 413(e) of the Controlled Substances Act (21 U.S.C. 853(e));

`(2) require the execution of satisfactory performance bonds;

`(3) create receiverships;

`(4) appoint conservators, custodians, appraisers, accountants, or trustees; or

`(5) take any other action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this section.'.

SEC. 16. EXCESSIVE FINES.

Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(r) EXCESSIVE FINES- At the conclusion of the trial and following the entry of a verdict of forfeiture--

`(1) the claimant may petition the court to determine whether the excessive fines clause of the eighth amendment to the Constitution of the United States applies, and if so, whether the forfeiture is grossly disproportional to the gravity of the offense;

`(2) the claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing conducted in the manner provided in rule 43(e) of the Federal Rules of Civil Procedure, by the court without a jury; and

`(3) if the court determines that the forfeiture is grossly disproportional to the gravity of the offense, the court shall adjust the forfeiture to the extent necessary to avoid the constitutional violation.'.

SEC. 17. CIVIL INVESTIGATIVE DEMANDS.

(a) IN GENERAL- Section 981 of title 18, United States Code, is amended by adding at the end the following:

`(s) CIVIL INVESTIGATIVE DEMAND- In any investigation relating to the seizure or forfeiture of property under this section, the Attorney General, the Secretary of the Treasury, or their designee, may issue in writing, and cause to be served, a subpoena for evidence of the nature, and in the manner, described in section 3486.'.

(b) OBSTRUCTION OF CIVIL INVESTIGATIVE DEMAND- Section 1505 of title 18, United States Code, is amended by inserting `section 981(s) of this title or' before `the Anti-Trust Civil Process Act'.

(c) RIGHT TO FINANCIAL PRIVACY ACT AMENDMENT- Section 1120(b)(1) of the Right to Financial Privacy Act (12 U.S.C. 3420(b)(1)) is amended by inserting `or civil investigative demand' after `a grand jury subpoena'.

(d) FAIR CREDIT REPORTING ACT AMENDMENT- Section 604(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended by inserting `or a civil investigative demand proceeding' before the period at the end.

SEC. 18. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.

Section 986 of title 18, United States Code, is amended by adding at the end the following:

`(d) ACCESS TO RECORDS LOCATED ABROAD-

`(1) IN GENERAL- 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)), in which--

`(A) financial records located in a foreign country may be material--

`(i) to any claim or to the ability of the Government to respond to such claim; or

`(ii) in a civil forfeiture case, to the ability of the Government to establish the forfeitability of the property; and

`(B) it is within the capacity of the claimant to waive his or her rights under applicable financial secrecy laws, or to obtain the records himself or herself, 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 to make the records available shall result in the dismissal of the claim with prejudice.

`(2) PRIVILEGE- This subsection shall not affect the right of the claimant to refuse production on the basis of any privilege guaranteed by the Constitution of the United States or any other provision of Federal law.'.

SEC. 19. COOPERATION AMONG 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 violation'.

SEC. 20. 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 related civil forfeiture' after `enforcement of a specifically designated Federal criminal statute'; and

(2) in subparagraph (B)(iii), by inserting `or civil forfeiture investigation or proceeding' after `Federal criminal investigation or proceeding'.

SEC. 21. STATUTE OF LIMITATIONS FOR CIVIL FORFEITURE ACTIONS.

Section 621 of the Tariff Act of 1930 (19 U.S.C. 1621) is amended--

(1) by inserting `, or in the case of forfeiture, within five years after the time when the existence of the property and the involvement of the property in the alleged offense were discovered' after `within five years after the time when the alleged offense was discovered';

(2) in paragraph (1), by striking `and' at the end;

(3) in paragraph (2), by striking the period at the end and inserting `; and'; and

(4) by adding at the end the following:

`(3) the provisions of section 2415(e) of title 28, United States Code, shall apply to this section.'.

SEC. 22. DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT SEIZURE.

Section 2232 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by inserting `or seizure' after `Physical interference with search';

(B) by inserting `, including seizure for forfeiture,' after `after seizure';

(C) by striking `searches and seizures' after `authorized to make' and inserting `searches or seizures';

(D) by striking `or' after `wares,'; and

(E) by inserting `, or other property, real or personal,' after `merchandise'; and

(2) in subsection (b)--

(A) by inserting `or seizure' after `Notice of search';

(B) by striking `searches and seizures' after `authorized to make' and inserting `searches or seizures';

(C) by inserting `, including seizure for forfeiture,' after `likely to make a search or seizure'; and

(D) by inserting `real or personal,' after `merchandise or other property,'.

SEC. 23. FUNGIBLE PROPERTY IN BANK ACCOUNTS.

(a) IN GENERAL- Section 984 of title 18, United States Code, is amended--

(1) by striking subsection (a) and redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and

(2) by striking subsection (b), as redesignated, and inserting the following:

`(b) The provisions of this section may be invoked only if the action for forfeiture was commenced by a seizure or an arrest in rem within 2 years of the offense that is the basis for the forfeiture.';

(3) in subsection (c), as redesignated--

(A) by striking paragraph (1) and inserting the following:

`(1) Subsection (a) does not apply to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture.'; and

(B) by adding at the end the following:

`(3) In this subsection, the term `financial institution' includes a foreign bank, as defined in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101).'; and

(4) by adding at the end the following:

`(d) Nothing in this section may be construed to limit the ability of the Government to forfeit property under any provision of law if the property involved in the offense giving rise to the forfeiture or property traceable thereto is available for forfeiture.'.

(b) EFFECTIVE DATE- The amendments made by this section shall apply to any transaction occurring on or after October 28, 1992.

SEC. 24. CURRENCY SEIZED FROM DRUG COURIERS.

Section 511 of the Controlled Substances Act (21 U.S.C. 881) is amended by inserting after subsection (j) the following:

`(k)(1) In any action with respect to the forfeiture of seized currency pursuant to subsection (a)(6) of this section, or subparagraph (A) or (B) of section 981(a)(1) of title 18, United States Code, the finder of fact shall determine the nexus between the currency and the drug trafficking offense based on the totality of the circumstances. The presence or absence of any 1 factor shall not be dispositive.

`(2) In making a determination under paragraph (1), the finder of fact may rely on any of the following factors as probative of a connection between large quantities of currency and drug trafficking:

`(A) The currency was in excess of the amount normally carried by legitimate leisure and business travelers, and was, at the time of seizure, being transported through an airport, on a highway, or at a port-of-entry.

`(B) The currency was packaged in bundles, concealed in paper bags, wrapped in cellophane or other plastic wrap, concealed under clothing, or otherwise being transported in a highly unusual manner.

`(C) The currency was packaged with, or found in proximity to, products or chemicals intended to conceal odors from a drug detection dog, or had recently been washed or cleaned with water or chemicals designed to remove such odors.

`(D) The person transporting the property (or any portion thereof) provided false information to any law enforcement officer or inspector who lawfully stopped the person for investigative purposes or for purposes of a United States border inspection.

`(E) The currency was found in close proximity to a measurable quantity of any controlled substance.

`(F) The currency was the subject of a positive alert by a properly trained dog that did not alert to a controlled sample of currency.

`(G) The currency at issue was acquired during a period of time when the person who acquired the property was engaged in a drug trafficking offense or within a reasonable time after such period, and there is no likely source for such property other than that offense.

`(H) The person transporting the currency had associated with, or was carrying telephone numbers, pager numbers, or other information providing a means of contacting, persons engaged in the illegal sale and distribution of controlled substances.

`(I) The currency was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, a major illicit drug producing country, or a major money laundering country, as determined pursuant to sections 481(e) and 490(h) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e) and 2291j(h)), as applicable.

`(J) Any person involved in the transportation or intended delivery of the currency has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering, or is a fugitive from prosecution for such offense.

`(3) The listing of probative factors in this subsection shall not preclude the development of other judicially recognized factors, or the establishment of a basis for forfeiture on criteria other than those set forth in this subsection.

`(4) In this subsection, the term `drug trafficking offense' means with respect to an action under--

`(A) subsection (a)(6), any illegal exchange involving a controlled substance or other violation for which forfeiture is authorized under that subsection;

`(B) section 981(a)(1)(B) of title 18, United States Code, any offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance for which forfeiture is authorized under that section; and

`(C) section 981(a)(1)(A) of title 18, United States Code, an offense involving the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance, which constitutes a specified unlawful activity (as defined in section 1956(c) of title 18, United States Code).'.

SEC. 25. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME VICTIMS.

(a) IN GENERAL- Section 981(e) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following:

`(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'.

(b) PROCEEDS OF CRIME- Section 981(a)(1)(C) of title 18, United States Code, is amended by striking `affecting a financial institution'.

SEC. 26. FUGITIVE DISENTITLEMENT.

(a) IN GENERAL- Chapter 163 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 2466. Fugitive disentitlement

`Any person who, in order to avoid criminal prosecution, purposely leaves the jurisdiction of the United States, declines to enter or reenter the United States to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the person, may not use the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 163 of title 28, United States Code, is amended by adding at the end the following:

`2466. Fugitive disentitlement.'.

(c) EFFECTIVE DATE- The amendments made by this section shall apply to any case pending on or after the date of enactment this Act.

SEC. 27. ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENT.

(a) IN GENERAL- Chapter 163 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 2467. Enforcement of foreign judgment

`(a) DEFINITIONS- In this section--

`(1) the term `foreign nation' means a country that has become a party to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this section as 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; and

`(2) the term `value-based confiscation judgment' means a final order of a foreign nation compelling a defendant, as a consequence of his or her criminal conviction for an offense described in Article 3, Paragraph 1, of the United Nations Convention, or any foreign offense described in section 1956(c)(7)(B) of title 18, to pay a sum of money representing the proceeds of such offense, or property the value of which corresponds to such proceeds.

`(b) REVIEW BY ATTORNEY GENERAL-

`(1) IN GENERAL- A foreign nation seeking to have its value-based confiscation judgment registered and enforced by a district court of the United States under this section shall first submit a request to the Attorney General or the designee of the Attorney General, which request shall include--

`(A) a summary of the facts of the case and a description of the criminal proceeding that resulted in the value-based confiscation judgment;

`(B) certified copies of the judgment of conviction and value-based confiscation judgment;

`(C) an affidavit or sworn declaration establishing that the defendant received notice of the proceedings in sufficient time to enable the defendant to defend against the charges and that the value-based confiscation judgment rendered is in force and is not subject to appeal;

`(D) an affidavit or sworn declaration that all reasonable efforts have been undertaken to enforce the value-based confiscation judgment against the property of the defendant, if any, in the foreign country; and

`(E) such additional information and evidence as may be required by the Attorney General or the designee of the Attorney General.

`(2) CERTIFICATION OF REQUEST- The Attorney General or the designee of the Attorney General, in consultation with the Secretary of State or the designee of the Secretary, shall determine whether to certify the request, and such decision shall be final and not subject to either judicial review or review

`(c) JURISDICTION AND VENUE-

`(1) IN GENERAL- If the Attorney General or the designee of the Attorney General certifies a request under subsection (b), the foreign nation may file a civil proceeding in district court of the United States seeking to enforce the foreign value-based confiscation judgment as if the judgment had been entered by a court in the United States.

`(2) PROCEEDINGS- In a proceeding filed under paragraph (1)--

`(A) the foreign nation shall be the plaintiff and the person against whom the value-based confiscation judgment was entered shall be the defendant;

`(B) venue shall lie in the district court for the District of Columbia or in any other district in which the defendant or the property that may be the basis for satisfaction of a judgment under this section may be found; and

`(C) the district court shall have personal jurisdiction over a defendant residing outside of the United States if the defendant is served with process in accordance with rule 4 of the Federal Rules of Civil Procedure.

`(d) ENTRY AND ENFORCEMENT OF JUDGMENT-

`(1) IN GENERAL- Except as provided in paragraph (2), the district court shall enter such orders as may be necessary to enforce the value-based confiscation judgment on behalf of the foreign nation if the court finds that--

`(A) the value-based confiscation judgment was rendered under a system that provides impartial tribunals or procedures compatible with the requirements of due process of law;

`(B) the foreign court had personal jurisdiction over the defendant;

`(C) the foreign court had jurisdiction over the subject matter;

`(D) the defendant in the proceedings in the foreign court received notice of the proceedings in sufficient time to enable him or her to defend; and

`(E) the judgment was not obtained by fraud.

`(2) EXCEPTION- Process to enforce a judgment under this section shall be in accordance with rule 69(a) of the Federal Rules of Civil Procedure.

`(e) FINALITY OF FOREIGN FINDINGS- Upon a finding by the district court that the conditions set forth in subsection (d) have been satisfied, the court shall be bound by the findings of facts to the extent that they are stated in the foreign judgment of conviction and value-based confiscation judgment.

`(f) CURRENCY CONVERSION- The rate of exchange in effect at the time the suit to enforce is filed by the foreign nation shall be used in calculating the amount stated in any value-based confiscation judgment requiring the payment of a sum of money submitted for registration.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 163 of title 28, United States Code, is amended by adding at the end the following:

`2467. Enforcement of foreign judgment.'.

SEC. 28. ENCOURAGING USE OF CRIMINAL FORFEITURE AS AN ALTERNATIVE TO CIVIL FORFEITURE.

Section 2461 of title 28, United States Code, is amended by adding at the end the following:

`(c) If a forfeiture of property is authorized in connection with a violation of an Act of Congress, and any person is charged in an indictment or information with such violation but no specific statutory provision is made for criminal forfeiture upon conviction, the Government may include the forfeiture in the indictment or information in accordance with the Federal Rules of Criminal Procedure, and upon conviction, the court shall order the forfeiture of the property in accordance with the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).'.

SEC. 29. APPLICATION OF PROCEDURES FOR DRUG CASES.

Section 511(d) of the Controlled Substances Act (21 U.S.C. 881(d)) is amended by adding at the end the following: `Chapter 46 of title 18, United States Code, applies to any seizure or forfeiture under this section, to the extent applicable and not inconsistent with this section.'.

SEC. 30. APPLICATION OF PROCEDURES TO OTHER CIVIL FORFEITURES.

(a) IN GENERAL- Chapter 46 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 987. Application of procedures

`The procedures set forth in this chapter relating to civil forfeiture shall apply to all civil forfeitures under any provision of this title.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 46 of title 18, United States Code, is amended by adding at the end the following:

`987. Application of procedures.'.

SEC. 31. APPLICATION TO ALIEN SMUGGLING OFFENSES.

(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT- Section 274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended to read as follows:

`(b) SEIZURE AND FORFEITURE-

`(1) IN GENERAL- Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.

`(2) APPLICABLE PROCEDURES- Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.

`(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLATIONS- In determining whether a violation of subsection (a) has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:

`(A) Records of any judicial or administrative proceeding in which that alien's status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.

`(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.

`(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien's status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.'.

(b) TECHNICAL CORRECTIONS TO EXISTING CRIMINAL FORFEITURE AUTHORITY- Section 982(a)(7) of title 18, United States Code, is amended--

(1) by striking `(A)';

(2) by striking subparagraph (B); and

(3) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;

(4) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively;

(5) by inserting `section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or' before `section 1425' the first place it appears;

(6) in subparagraph (A), as redesignated by this subsection, by striking `a violation of, or a conspiracy to violate, subsection (a)' and inserting `the offense of which the person is convicted'; and

(7) in subparagraph (B)(i) and (ii), as redesignated by this subsection, by striking `a violation of, or a conspiracy to violate, subsection (a)' and all that follows through `of this title' each place it appears and inserting `the offense of which the person is convicted'.

SEC. 32. EFFECTIVE DATES.

(a) IN GENERAL- Unless otherwise specified in this Act, the amendments made by this Act apply to any forfeiture proceeding commenced on or after the date of enactment of this Act.

(b) ADMINISTRATIVE FORFEITURES- The amendments made by this Act relating to seizures and administrative forfeitures shall apply to seizures occurring on or after the 90th day after the date of enactment of this Act.

(c) CIVIL JUDICIAL FORFEITURES- The amendments made by this Act relating to judicial procedures applicable once a civil forfeiture complaint is filed by the Government shall apply to any case in which the forfeiture complaint is filed on or after the date of enactment of this Act.

(d) SUBSTANTIVE LAW- The amendments made by this Act expanding substantive forfeiture law to make property subject to civil or criminal forfeiture that was not previously subject to civil or criminal forfeiture shall apply to any offense occurring after the date of enactment of this Act.