[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1931 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1931

    To provide a more just and uniform procedure for Federal civil 
                  forfeitures, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 1999

 Mr. Hatch (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide a more just and uniform procedure for Federal civil 
                  forfeitures, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.

SEC. 2. CREATION OF GENERAL RULES RELATING TO CIVIL FORFEITURE 
              PROCEEDINGS.

    (a) In General.--Chapter 46 of title 18, United States Code, is 
amended by inserting after section 981 the following:
``Sec. 981A. General rules for civil forfeiture proceedings
    ``(a) Notice; Claim; Complaint.--(1)(A)(i) Except as provided in 
clauses (ii) and (iii), in any nonjudicial civil forfeiture proceeding 
under a civil forfeiture statute, with respect to which the Government 
must send written notice to interested parties, such notice shall be 
sent in a manner to achieve proper service as soon as practicable, and 
in no case more than 60 days after the date of the seizure.
    ``(ii) In a case in which the property is seized by a State or 
local law enforcement agency and turned over to a Federal law 
enforcement agency for the purpose of forfeiture under Federal law, 
notice shall be sent no more than 90 days after the date of seizure by 
the State or local law enforcement agency.
    ``(iii) If the identity or interest of a party is not determined 
until after the seizure or turnover but is determined before a 
declaration of forfeiture is entered, notice shall be sent to such 
interested party not later than 60 days after the determination by the 
Government of the identity of the party or the party's interest.
    ``(B) A court shall extend the period for sending notice under 
subparagraph (A) for a period not to exceed 60 days (which period may 
be further extended), if the court determines, based on a written ex 
parte certification of a supervisory official of the seizing agency, 
that there is reason to believe that notice may have an adverse result, 
including--
            ``(i) endangering the life or physical safety of an 
        individual;
            ``(ii) flight from prosecution;
            ``(iii) destruction of or tampering with evidence;
            ``(iv) intimidation of potential witnesses; or
            ``(v) otherwise seriously jeopardizing an investigation or 
        unduly delaying a trial.
    ``(C) If the Government does not send notice of a seizure of 
property in accordance with subparagraph (A) to the person from whom 
the property was seized, 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.
    ``(2)(A) Any person claiming property seized in a nonjudicial 
forfeiture proceeding may file a claim with the appropriate official 
after the seizure.
    ``(B) A claim under subparagraph (A) may be filed not later than 
the deadline set forth in a personal notice letter, except that if that 
letter is not received, then a claim may be filed not later than 30 
days after the date of final publication of notice of seizure.
    ``(C) The claim shall state the claimant's interest in the property 
and be made under oath, subject to penalty of perjury. The seizing 
agency shall make claim forms generally available on request.
    ``(D) Any person may make a claim under subparagraph (A) without 
posting bond with respect to the property which is the subject of the 
claim.
    ``(3)(A) Not later than 90 days after a claim has been filed, the 
Government shall file a complaint for forfeiture in the manner set 
forth in the Supplemental Rules for Certain Admiralty and Maritime 
Claims or return the property pending the filing of a complaint, except 
that a court in the district in which the complaint will be filed may 
extend the period for filing a complaint for good cause shown or upon 
agreement of the parties.
    ``(B) If the Government does not file a complaint for forfeiture or 
return the property, in accordance with subparagraph (A), it shall 
return the property and may not take any further action to effect the 
civil forfeiture of such property.
    ``(C) In lieu of, or in addition to, filing a civil forfeiture 
complaint, the Government may include a forfeiture allegation in a 
criminal indictment. In such case, the Government's right to continued 
possession of the property shall be governed by the applicable criminal 
forfeiture statute.
    ``(D) No complaint may be dismissed on the ground that the 
Government did not have adequate evidence at the time the complaint was 
filed to establish the forfeitability of the property by a 
preponderance of the evidence.
    ``(4)(A) In any case in which the Government files in the 
appropriate United States district court a complaint for forfeiture of 
property, any person claiming an interest in the seized property may 
file a claim asserting such person's interest in the property in the 
manner set forth in the Supplemental Rules for Certain Admiralty and 
Maritime Claims, except that such claim may be filed not later than 30 
days after the date of service of the Government's complaint or, as 
applicable, not later than 30 days after the date of final publication 
of notice of the filing of the complaint.
    ``(B) A person asserting an interest in seized property, in 
accordance with subparagraph (A), shall file an answer to the 
Government's complaint for forfeiture not later than 20 days after the 
date of the filing of the claim.
    ``(b) Appointment of Counsel.--(1) If--
            ``(A) a person in a judicial civil forfeiture proceeding 
        under a civil forfeiture statute is financially unable to 
        obtain representation by counsel; and
            ``(B)(i) the property subject to forfeiture is real 
        property that is being used by the person as a primary 
        residence; or
            ``(ii) the person is represented by counsel appointed under 
        section 3006A of this title in connection with a related 
        criminal case;
the court may appoint or authorize counsel to represent that person 
with respect to the claim, as appropriate.
    ``(2) In determining whether to appoint or authorize counsel to 
represent a person asserting a claim under this subsection, the court 
shall take into account such factors as--
            ``(A) the person's standing to contest the forfeiture; and
            ``(B) whether the claim appears to be made in good faith.
    ``(3) The court shall set the compensation for representation under 
this subsection, which shall be equivalent to that provided for court-
appointed representation under section 3006A of this title.
    ``(c) Burden of Proof.--In all suits or actions brought under any 
civil forfeiture statute for the civil forfeiture of any property, the 
burden of proof is on the Government to establish, by a preponderance 
of the evidence, that the property is subject to forfeiture. The 
Government may use evidence gathered after the filing of a complaint 
for forfeiture to establish, by a preponderance of the evidence, that 
property is subject to forfeiture.
    ``(d) Innocent Owner Defense.--(1) An innocent owner's interest in 
property shall not be forfeited under any civil forfeiture statute. The 
claimant shall have the burden of proving that he is an innocent owner 
by a preponderance of the evidence.
    ``(2)(A) With respect to a property interest in existence at the 
time the illegal conduct giving rise to forfeiture took place, the term 
`innocent owner' means an owner who--
            ``(i) did not know of the conduct giving rise to 
        forfeiture; or
            ``(ii) upon learning of the conduct giving rise to the 
        forfeiture, did all that reasonably could be expected under the 
        circumstances to terminate such use of the property.
    ``(B)(i) For the purposes of this paragraph, ways in which a person 
may show that such person did all that reasonably could be expected may 
include demonstrating that such person, to the extent permitted by 
law--
            ``(I) gave timely notice to an appropriate law enforcement 
        agency of information that led the person to know the conduct 
        giving rise to a forfeiture would occur or has occurred; and
            ``(II) in a timely fashion revoked or attempted to revoke 
        permission for those engaging in such conduct to use the 
        property or took reasonable actions in consultation with a law 
        enforcement agency to discourage or prevent the illegal use of 
        the property.
    ``(ii) A person is not required by this subparagraph to take steps 
that the person reasonably believes would be likely to subject any 
person (other than the person whose conduct gave rise to the 
forfeiture) to physical danger.
    ``(3)(A) With respect to a property interest acquired after the 
conduct giving rise to the forfeiture has taken place, the term 
`innocent owner' means a person who, at the time that person acquired 
the interest in the property--
            ``(i) was a bona fide purchaser or seller for value 
        (including a purchaser or seller of goods or services for 
        value); and
            ``(ii) did not know and was reasonably without cause to 
        believe that the property was subject to forfeiture.
    ``(B) 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 primary 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.
    ``(4) Notwithstanding any provision of this subsection, no person 
may assert an ownership interest under this subsection in contraband or 
other property that it is illegal to possess.
    ``(e) Motion To Set Aside Forfeiture.--(1) Any person entitled to 
written notice in any nonjudicial civil forfeiture proceeding under a 
civil forfeiture statute who does not receive such notice may file a 
motion to set aside a declaration of forfeiture with respect to that 
person's interest in the property, which motion shall be granted if--
            ``(A) the Government knew, or reasonably should have known, 
        of the moving party's interest and failed to take reasonable 
        steps to provide such party with notice; and
            ``(B) the moving party did not know or have reason to know 
        of the seizure within sufficient time to file a timely claim.
    ``(2) If the court grants a motion under paragraph (1), the court 
shall set aside the declaration of forfeiture as to the interest of the 
moving party without prejudice to the right of the Government to 
commence a subsequent forfeiture proceeding as to the interest of the 
moving party, which proceeding shall be instituted within 60 days of 
the entry of the order granting the motion.
    ``(3) A motion under paragraph (1) may be filed not later than 6 
years after the date that the claimant discovered or had reason to 
discover that the property was forfeited, subject to the doctrine of 
laches, except that no motion may be filed more than 11 years after the 
date that the Government's forfeiture cause of action accrued.
    ``(f) Release of Seized Property.--(1) A claimant under subsection 
(a) is entitled to immediate release of seized property if--
            ``(A) the claimant has a possessory interest in the 
        property;
            ``(B) the claimant has sufficient ties to the community to 
        provide assurance that the property will be available at the 
        time of the trial;
            ``(C) the continued possession by the Government pending 
        the final disposition of forfeiture proceedings will cause 
        substantial hardship to the claimant, such as preventing the 
        functioning of a business, preventing an individual from 
        working, or leaving an individual homeless;
            ``(D) the claimant's likely hardship from the continued 
        possession by the Government of the seized property outweighs 
        the risk that the property will be destroyed, damaged, lost, 
        concealed, or transferred if it is returned to the claimant 
        during the pendency of the proceeding; and
            ``(E) none of the conditions set forth in paragraph (7) 
        applies.
    ``(2) A claimant seeking release of property under this subsection 
must request possession of the property from the appropriate official, 
and the request must set forth the basis on which the requirements of 
paragraph (1) are met.
    ``(3) If not later than 10 days after the date of a request under 
paragraph (2) the property has not been released, the claimant may file 
a motion or complaint in the district court in which the complaint has 
been filed or, if no complaint has been filed, any district court that 
would have jurisdiction of forfeiture proceedings relating to the 
property, setting forth--
            ``(A) the basis on which the requirements of paragraph (1) 
        are met; and
            ``(B) the steps the claimant has taken to secure release of 
        the property from the appropriate official.
    ``(4) The court shall render a decision on a motion or complaint 
filed under paragraph (3) no later than 30 days after the date of the 
filing, unless such 30-day limitation is extended by consent of the 
parties or by the court for good cause shown.
    ``(5) If--
            ``(A) a motion or complaint is filed under paragraph (3); 
        and
            ``(B) the claimant demonstrates that the requirements of 
        paragraph (1) have been met;
the district court shall order that the property be returned to the 
claimant, pending completion of proceedings by the Government to obtain 
forfeiture of the property.
    ``(6) If the court grants a motion or complaint under paragraph 
(3)--
            ``(A) the court may enter any order necessary to ensure 
        that the value of the property is maintained while the 
        forfeiture action is pending, including--
                    ``(i) permitting the inspection, photographing, and 
                inventory of the property;
                    ``(ii) fixing a bond in accordance with rule E(5) 
                of the Supplemental Rules for Certain Admiralty and 
                Maritime Claims; and
                    ``(iii) requiring the claimant to obtain or 
                maintain insurance on the subject property; and
            ``(B) 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.
    ``(7) This subsection shall not apply if the seized property--
            ``(A) is contraband, currency or other monetary instrument, 
        or electronic funds unless such currency or other monetary 
        instrument or electronic funds constitutes the assets of a 
        legitimate business which has been seized;
            ``(B) is to be used as evidence of a violation of the law;
            ``(C) by reason of design or other characteristic, is 
        particularly suited for use in illegal activities; or
            ``(D) is likely to be used to commit additional criminal 
        acts if returned to the claimant.
    ``(g) Proportionality.--The claimant may petition the court to 
determine whether the forfeiture was constitutionally excessive. In 
making this determination, the court shall compare the forfeiture to 
the gravity of the offense giving rise to the forfeiture. If the court 
finds that the forfeiture is grossly disproportional to the offense it 
shall reduce or eliminate the forfeiture as necessary. The claimant 
shall have the burden of establishing that the forfeiture is grossly 
disproportional by a preponderance of the evidence at a hearing 
conducted by the court without a jury.
    ``(h) Definitions.--In this section:
            ``(1)(A) Except as provided in subparagraph (B), the term 
        `civil forfeiture statute' means any provision of Federal law 
        providing for the forfeiture of property other than as a 
        sentence imposed upon conviction of a criminal offense.
            ``(B) The term `civil forfeiture statute' does not 
        include--
                    ``(i) the Tariff Act of 1930 or any other provision 
                of law codified in title 19;
                    ``(ii) the Internal Revenue Code of 1986;
                    ``(iii) the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 301 et seq.);
                    ``(iv) the Trading with the Enemy Act (50 U.S.C. 
                App. 1 et seq.); or
                    ``(v) section 1 of title VI of the Act of June 15, 
                1917 (40 Stat. 233; 22 U.S.C. 401).
            ``(2)(A) The term `owner' means a person with an ownership 
        interest in the specific property sought to be forfeited, 
        including a leasehold, lien, mortgage, recorded security 
        interest, or valid assignment of an ownership interest.
            ``(B) The term `owner' does not include--
                    ``(i) a person with only a general unsecured 
                interest in, or claim against, the property or estate 
                of another;
                    ``(ii) a bailee unless the bailor is identified and 
                the bailee shows a colorable legitimate interest in the 
                property seized; or
                    ``(iii) a nominee who exercises no dominion or 
                control over the property.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
46 of title 18, United States Code, is amended by inserting after the 
item relating to section 981 the following:

``981A. General rules for civil forfeiture proceedings.''.

SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED PROPERTY.

    (a) Tort Claims Act.--Section 2680(c) of title 28, United States 
Code, is amended--
            (1) by striking ``any goods or merchandise'' and inserting 
        ``any goods, merchandise, or other property'';
            (2) by striking ``law-enforcement'' and inserting ``law 
        enforcement''; and
            (3) by inserting before the period at the end the 
        following: ``, except that the provisions of this chapter and 
        section 1346(b) of this title apply to any claim based on 
        injury or loss of goods, merchandise, or other property, while 
        in the possession of any officer of customs or excise or any 
        other law enforcement officer, if--
            ``(1) the property was seized for the purpose of forfeiture 
        under any provision of Federal law providing for the forfeiture 
        of property other than as a sentence imposed upon conviction of 
        a criminal offense;
            ``(2) the interest of the claimant is not forfeited; and
            ``(3) the claimant is not convicted of a crime for which 
        the interest of the claimant in the property would be subject 
        to forfeiture under a Federal criminal forfeiture law.''.
    (b) Department of Justice.--
            (1) In general.--With respect to a claim that cannot be 
        settled under chapter 171 of title 28, United States Code, the 
        Attorney General may settle, for not more than $50,000 in any 
        case, a claim for damage to, or loss of, privately owned 
        property caused by an investigative or law enforcement officer 
        (as defined in section 2680(h) of title 28, United States Code) 
        who is employed by the Department of Justice acting within the 
        scope of his or her employment.
            (2) Limitations.--The Attorney General may not pay a claim 
        under paragraph (1) that--
                    (A) is presented to the Attorney General more than 
                1 year after it occurs; or
                    (B) is presented by an officer or employee of the 
                Federal Government and arose within the scope of 
                employment.

SEC. 4. ATTORNEY FEES, COSTS, AND INTEREST.

    (a) In General.--Section 2465 of title 28, United States Code, is 
amended to read as follows:
``Sec. 2465. Return of property to claimant; liability for wrongful 
              seizure; attorney fees, costs, and interest
    ``(a) Upon the entry of a judgment for the claimant in any 
proceeding to condemn or forfeit property seized or arrested under any 
provision of Federal law--
            ``(1) such property shall be returned forthwith to the 
        claimant or his agent; and
            ``(2) if it appears that there was reasonable cause for the 
        seizure or arrest, the court shall cause a proper certificate 
        thereof to be entered and, in such case, neither the person who 
        made the seizure or arrest nor the prosecutor shall be liable 
        to suit or judgment on account of such suit or prosecution, nor 
        shall the claimant be entitled to costs, except as provided in 
        subsection (b).
    ``(b)(1) Except as provided in paragraph (2), in any civil 
proceeding to forfeit property under any provision of Federal law in 
which the claimant substantially prevails, the United States shall be 
liable for--
            ``(A) reasonable attorney fees and other litigation costs 
        reasonably incurred by the claimant;
            ``(B) post-judgment interest, as set forth in section 1961 
        of this title; and
            ``(C) in cases involving currency, other negotiable 
        instruments, or the proceeds of an interlocutory sale--
                    ``(i) interest actually paid to the United States 
                from the date of seizure or arrest of the property that 
                resulted from the investment of the property in an 
                interest-bearing account or instrument; and
                    ``(ii) an imputed amount of interest that such 
                currency, instruments, or proceeds would have earned at 
                the rate described in section 1961, for any period 
                during which no interest was paid (not including any 
                period when the property reasonably was in use as 
                evidence in an official proceeding or in conducting 
                scientific tests for the purpose of collecting 
                evidence).
    ``(2)(A) The United States shall not be required to disgorge the 
value of any intangible benefits nor make any other payments to the 
claimant not specifically authorized by this subsection.
    ``(B) The provisions of paragraph (1) shall not apply if the 
claimant is convicted of a crime for which the interest of the claimant 
in the property would be subject to forfeiture under a Federal criminal 
forfeiture law.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
163 of title 28, United States Code, is amended by striking the item 
relating to section 2465 and inserting following:

``2465. Return of property to claimant; liability for wrongful seizure; 
                            attorney fees, costs, and interest.''.

SEC. 5. SEIZURE WARRANT REQUIREMENT.

    (a) In General.--Section 981(b) of title 18, United States Code, is 
amended to read as follows:
    ``(b)(1) 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 based on probable cause 
        has been filed in the United States district court and the 
        court has 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 has been transferred to a Federal 
        agency in accordance with State law.
    ``(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 executed in any district in which the property 
is found.''.
    (b) Drug Forfeitures.--Section 511(b) of the Controlled Substances 
Act (21 U.S.C. 881(b)) is amended to read as follows:
    ``(b) Seizure Procedures.--Any property subject to forfeiture to 
the United States under this section may be seized by the Attorney 
General in the manner set forth in section 981(b) of title 18, United 
States Code.''.

SEC. 6. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME VICTIMS.

    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''.

SEC. 7. CIVIL FORFEITURE OF REAL PROPERTY.

    (a) In General.--Chapter 46 of title 18, United States Code, is 
amended by inserting after section 984 the following:
``Sec. 985. Civil forfeiture of real property
    ``(a) Notwithstanding any other provision of law, all civil 
forfeitures of real property and interests in real property shall 
proceed as judicial forfeitures.
    ``(b)(1) Except as provided in this section--
            ``(A) real property that is the subject of a civil 
        forfeiture action shall not be seized before entry of an order 
        of forfeiture; and
            ``(B) the owners or occupants of the real property shall 
        not be evicted from, or otherwise deprived of the use and 
        enjoyment of, real property that is the subject of a pending 
        forfeiture action.
    ``(2) 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 under this subsection.
    ``(c)(1) The Government shall initiate a civil forfeiture action 
against real property by--
            ``(A) filing a complaint for forfeiture;
            ``(B) posting a notice of the complaint on the property; 
        and
            ``(C) serving notice on the property owner, along with a 
        copy of the complaint.
    ``(2) If the property owner cannot be served with the notice under 
paragraph (1) because the owner--
            ``(A) is a fugitive;
            ``(B) resides outside the United States and efforts at 
        service pursuant to Rule 4 of the Federal Rules of Civil 
        Procedure are unavailing; or
            ``(C) 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) If real property has been posted in accordance with this 
subsection, it shall not be necessary for the court to issue an arrest 
warrant in rem, or to take any other action to establish in rem 
jurisdiction over the property.
    ``(d) Real property may be seized prior to the entry of an order of 
forfeiture if--
            ``(1) the Government notifies the court that it intends to 
        seize the property before trial; and
            ``(2) the court--
                    ``(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 without prior notice and an 
                opportunity for the property owner to be heard.
For purposes of paragraph (2)(B), to establish exigent circumstances, 
the Government shall show that less restrictive measures such as a lis 
pendens, restraining order, or bond would not suffice to protect the 
Government's interests in preventing the sale, destruction, or 
continued unlawful use of the real property.
    ``(e) If the court authorizes a seizure of real property under 
subsection (d)(2), it shall conduct a prompt post-seizure hearing 
during which the property owner shall have an opportunity to contest 
the basis for the seizure.
    ``(f) This section--
            ``(1) applies only to civil forfeitures of real property 
        and interests in real property;
            ``(2) 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; and
            ``(3) shall not affect the authority of the court to enter 
        a restraining order relating to real property.''.
    (b) Technical and 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. Civil forfeiture of real property.''.

SEC. 8. APPLICABILITY.

    This Act and the amendments made by this Act shall apply to any 
forfeiture proceeding commenced on or after the date of enactment of 
this Act.
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