§ 983. — General rules for civil forfeiture proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC983]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 46--FORFEITURE
Sec. 983. General rules for civil forfeiture proceedings
(a) Notice; Claim; Complaint.--
(1)(A)(i) Except as provided in clauses (ii) through (v), in any
nonjudicial civil forfeiture proceeding under a civil forfeiture
statute, with respect to which the Government is required to send
written notice to interested parties, such notice shall be sent in a
manner to achieve proper notice as soon as practicable, and in no
case more than 60 days after the date of the seizure.
(ii) No notice is required if, before the 60-day period expires,
the Government files a civil judicial forfeiture action against the
property and provides notice of that action as required by law.
(iii) If, before the 60-day period expires, the Government does
not file a civil judicial forfeiture action, but does obtain a
criminal indictment containing an allegation that the property is
subject to forfeiture, the Government shall either--
(I) send notice within the 60 days and continue the
nonjudicial civil forfeiture proceeding under this section; or
(II) terminate the nonjudicial civil forfeiture proceeding,
and take the steps necessary to preserve its right to maintain
custody of the property as provided in the applicable criminal
forfeiture statute.
(iv) 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 not more than 90 days after the date of seizure
by the State or local law enforcement agency.
(v) 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 supervisory official in the headquarters office of the
seizing agency may extend the period for sending notice under
subparagraph (A) for a period not to exceed 30 days (which period
may not be further extended except by a court), if the official
determines that the conditions in subparagraph (D) are present.
(C) Upon motion by the Government, a court may extend the period
for sending notice under subparagraph (A) for a period not to exceed
60 days, which period may be further extended by the court for 60-
day periods, as necessary, if the court determines, based on a
written certification of a supervisory official in the headquarters
office of the seizing agency, that the conditions in subparagraph
(D) are present.
(D) The period for sending notice under this paragraph may be
extended only if 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.
(E) Each of the Federal seizing agencies conducting nonjudicial
forfeitures under this section shall report periodically to the
Committees on the Judiciary of the House of Representatives and the
Senate the number of occasions when an extension of time is granted
under subparagraph (B).
(F) 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. 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)(A) Any person claiming property seized in a nonjudicial
civil forfeiture proceeding under a civil forfeiture statute 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 (which deadline
may be not earlier than 35 days after the date the letter is
mailed), 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) A claim shall--
(i) identify the specific property being claimed;
(ii) state the claimant's interest in such property; and
(iii) be made under oath, subject to penalty of perjury.
(D) A claim need not be made in any particular form. Each
Federal agency conducting nonjudicial forfeitures under this section
shall make claim forms generally available on request, which forms
shall be written in easily understandable language.
(E) 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--
(i) file a complaint for forfeiture or return the property,
in accordance with subparagraph (A); or
(ii) before the time for filing a complaint has expired--
(I) obtain a criminal indictment containing an
allegation that the property is subject to forfeiture; and
(II) take the steps necessary to preserve its right to
maintain custody of the property as provided in the
applicable criminal forfeiture statute,
the Government shall promptly release the property pursuant to
regulations promulgated by the Attorney General, and may not take
any further action to effect the civil forfeiture of such property
in connection with the underlying offense.
(C) In lieu of, or in addition to, filing a civil forfeiture
complaint, the Government may include a forfeiture allegation in a
criminal indictment. If criminal forfeiture is the only forfeiture
proceeding commenced by the Government, 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.
(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) Representation.--
(1)(A) If a person with standing to contest the forfeiture of
property in a judicial civil forfeiture proceeding under a civil
forfeiture statute is financially unable to obtain representation by
counsel, and the person is represented by counsel appointed under
section 3006A of this title in connection with a related criminal
case, the court may authorize counsel to represent that person with
respect to the claim.
(B) In determining whether to authorize counsel to represent a
person under subparagraph (A), the court shall take into account
such factors as--
(i) the person's standing to contest the forfeiture; and
(ii) whether the claim appears to be made in good faith.
(2)(A) If a person with standing to contest the forfeiture of
property in a judicial civil forfeiture proceeding under a civil
forfeiture statute is financially unable to obtain representation by
counsel, and the property subject to forfeiture is real property
that is being used by the person as a primary residence, the court,
at the request of the person, shall insure that the person is
represented by an attorney for the Legal Services Corporation with
respect to the claim.
(B)(i) At appropriate times during a representation under
subparagraph (A), the Legal Services Corporation shall submit a
statement of reasonable attorney fees and costs to the court.
(ii) The court shall enter a judgment in favor of the Legal
Services Corporation for reasonable attorney fees and costs
submitted pursuant to clause (i) and treat such judgment as payable
under section 2465 of title 28, United States Code, regardless of
the outcome of the case.
(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 a suit or action brought under any civil
forfeiture statute for the civil forfeiture of any property--
(1) the burden of proof is on the Government to establish, by a
preponderance of the evidence, that the property is subject to
forfeiture;
(2) 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; and
(3) if the Government's theory of forfeiture is that the
property was used to commit or facilitate the commission of a
criminal offense, or was involved in the commission of a criminal
offense, the Government shall establish that there was a substantial
connection between the property and the offense.
(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 the claimant 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 made a good faith
attempt 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 means to maintain reasonable 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 reasonable 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.
(5) 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 may 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) 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.
(6) In this subsection, the term ``owner''--
(A) 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; and
(B) 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.
(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)(A) Notwithstanding the expiration of any applicable statute
of limitations, 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.
(B) Any proceeding described in subparagraph (A) shall be
commenced--
(i) if nonjudicial, within 60 days of the entry of the order
granting the motion; or
(ii) if judicial, within 6 months of the entry of the order
granting the motion.
(3) A motion under paragraph (1) may be filed not later than 5
years after the date of final publication of notice of seizure of
the property.
(4) If, at the time a motion made under paragraph (1) is
granted, the forfeited property has been disposed of by the
Government in accordance with law, the Government may institute
proceedings against a substitute sum of money equal to the value of
the moving party's interest in the property at the time the property
was disposed of.
(5) A motion filed under this subsection shall be the exclusive
remedy for seeking to set aside a declaration of forfeiture under a
civil forfeiture statute.
(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 (8)
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)(A) If not later than 15 days after the date of a request
under paragraph (2) the property has not been released, the claimant
may file a petition in the district court in which the complaint has
been filed or, if no complaint has been filed, in the district court
in which the seizure warrant was issued or in the district court for
the district in which the property was seized.
(B) The petition described in subparagraph (A) shall set forth--
(i) the basis on which the requirements of paragraph (1) are
met; and
(ii) the steps the claimant has taken to secure release of
the property from the appropriate official.
(4) If the Government establishes that the claimant's claim is
frivolous, the court shall deny the petition. In responding to a
petition under this subsection on other grounds, the Government may
in appropriate cases submit evidence ex parte in order to avoid
disclosing any matter that may adversely affect an ongoing criminal
investigation or pending criminal trial.
(5) The court shall render a decision on a petition filed under
paragraph (3) not 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.
(6) If--
(A) a petition 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.
(7) If the court grants a petition 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.
(8) 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.--
(1) The claimant under subsection (a)(4) may petition the court
to determine whether the forfeiture was constitutionally excessive.
(2) In making this determination, the court shall compare the
forfeiture to the gravity of the offense giving rise to the
forfeiture.
(3) 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.
(4) If the court finds that the forfeiture is grossly
disproportional to the offense it shall reduce or eliminate the
forfeiture as necessary to avoid a violation of the Excessive Fines
Clause of the Eighth Amendment of the Constitution.
(h) Civil Fine.--
(1) In any civil forfeiture proceeding under a civil forfeiture
statute in which the Government prevails, if the court finds that
the claimant's assertion of an interest in the property was
frivolous, the court may impose a civil fine on the claimant of an
amount equal to 10 percent of the value of the forfeited property,
but in no event shall the fine be less than $250 or greater than
$5,000.
(2) Any civil fine imposed under this subsection shall not
preclude the court from imposing sanctions under rule 11 of the
Federal Rules of Civil Procedure.
(3) In addition to the limitations of section 1915 of title 28,
United States Code, in no event shall a prisoner file a claim under
a civil forfeiture statute or appeal a judgment in a civil action or
proceeding based on a civil forfeiture statute if the prisoner has,
on three or more prior occasions, while incarcerated or detained in
any facility, brought an action or appeal in a court of the United
States that was dismissed on the grounds that it is frivolous or
malicious, unless the prisoner shows extraordinary and exceptional
circumstances.
(i) Civil Forfeiture Statute Defined.--In this section, the term
``civil forfeiture statute''--
(1) means any provision of Federal law providing for the
forfeiture of property other than as a sentence imposed upon
conviction of a criminal offense; and
(2) does not include--
(A) the Tariff Act of 1930 or any other provision of law
codified in title 19;
(B) the Internal Revenue Code of 1986;
(C) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.);
(D) the Trading with the Enemy Act (50 U.S.C. App. 1 et
seq.) or the International Emergency Economic Powers Act (IEEPA)
(50 U.S.C. 1701 et seq.); or
(E) section 1 of title VI of the Act of June 15, 1917 (40
Stat. 233; 22 U.S.C. 401).
(j) Restraining Orders; Protective Orders.--
(1) Upon application of the United States, the court may enter a
restraining order or injunction, require the execution of
satisfactory performance bonds, create receiverships, appoint
conservators, custodians, appraisers, accountants, or trustees, or
take any other action to seize, secure, maintain, or preserve the
availability of property subject to civil forfeiture--
(A) upon the filing of a civil forfeiture complaint alleging
that the property with respect to which the order is sought is
subject to civil forfeiture; or
(B) prior to the filing of such a complaint, if, after
notice to persons appearing to have an interest in the property
and opportunity for a hearing, the court determines that--
(i) there is a substantial probability that the United
States will prevail on the issue of forfeiture and that
failure to enter the order will result in the property being
destroyed, removed from the jurisdiction of the court, or
otherwise made unavailable for forfeiture; and
(ii) the need to preserve the availability of the
property through the entry of the requested order outweighs
the hardship on any party against whom the order is to be
entered.
(2) An order entered pursuant to paragraph (1)(B) shall be
effective for not more than 90 days, unless extended by the court
for good cause shown, or unless a complaint described in paragraph
(1)(A) has been filed.
(3) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when a complaint has not yet been filed
with respect to the property, if the United States demonstrates that
there is probable cause to believe that the property with respect to
which the order is sought is subject to civil forfeiture and that
provision of notice will jeopardize the availability of the property
for forfeiture. Such a temporary order shall expire not more than 10
days after the date on which it is entered, unless extended for good
cause shown or unless the party against whom it is entered consents
to an extension for a longer period. A hearing requested concerning
an order entered under this paragraph shall be held at the earliest
possible time and prior to the expiration of the temporary order.
(4) The court may receive and consider, at a hearing held
pursuant to this subsection, evidence and information that would be
inadmissible under the Federal Rules of Evidence.
(Added and amended Pub. L. 106-185, Secs. 2(a), 9, Apr. 25, 2000, 114
Stat. 202, 216; Pub. L. 106-561, Sec. 3(a), Dec. 21, 2000, 114 Stat.
2791; Pub. L. 107-56, title III, Sec. 316(d), Oct. 26, 2001, 115 Stat.
310.)
References in Text
The Supplemental Rules for Certain Admiralty and Maritime Claims,
referred to in subsecs. (a)(3)(A), (4)(A) and (f)(7)(A)(ii), are set out
as part of the Federal Rules of Civil Procedure in the Appendix to Title
28, Judiciary and Judicial Procedure.
The Federal Rules of Civil Procedure, referred to in subsec. (h)(2),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Tariff Act of 1930, referred to in subsec. (i)(2)(A), is act
June 17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified
generally to chapter 4 (Sec. 1202 et seq.) of Title 19, Customs Duties.
For complete classification of this Act to the Code, see section 1654 of
Title 19 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (i)(2)(B),
is classified generally to Title 26, Internal Revenue Code.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(i)(2)(C), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended,
which is classified generally to chapter 9 (Sec. 301 et seq.) of Title
21, Food and Drugs. For complete classification of this Act to the Code,
see section 301 of Title 21 and Tables.
The Trading with the Enemy Act, referred to in subsec. (i)(2)(D), is
act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is classified
to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50, Appendix, War and
National Defense. For complete classification of this Act to the Code,
see Tables.
The International Emergency Economic Powers Act, referred to in
(i)(2)(D), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626,
as amended, which is classified generally to chapter 35 (Sec. 1701 et
seq.) of Title 50, War and National Defense. For complete classification
of this Act to the Code, see Short Title note set out under section 1701
of Title 50 and Tables.
The Federal Rules of Evidence, referred to in subsec. (j)(4), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2001--Subsec. (i)(2)(D). Pub. L. 107-56 inserted ``or the
International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et
seq.)'' before semicolon.
2000--Subsec. (a)(2)(C)(ii). Pub. L. 106-561 struck out ``(and
provide customary documentary evidence of such interest if available)
and state that the claim is not frivolous'' after ``such property''.
Subsec. (j). Pub. L. 106-185, Sec. 9, added subsec. (j).
Termination Date of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
Effective Date of 2000 Amendment
Pub. L. 106-561, Sec. 3(b), Dec. 21, 2000, 114 Stat. 2791, provided
that: ``The amendment made by this section [amending this section] shall
take effect as if included in the amendment made by section 2(a) of
Public Law 106-185.''
Effective Date
Section applicable to any forfeiture proceeding commenced on or
after the date that is 120 days after Apr. 25, 2000, see section 21 of
Pub. L. 106-185, set out as an Effective Date of 2000 Amendment note
under section 1324 of Title 8, Aliens and Nationality.
Anti-Terrorist Forfeiture Protection
Pub. L. 107-56, title III, Sec. 316(a)-(c), Oct. 26, 2001, 115 Stat.
309, provided that:
``(a) Right to Contest.--An owner of property that is confiscated
under any provision of law relating to the confiscation of assets of
suspected international terrorists, may contest that confiscation by
filing a claim in the manner set forth in the Federal Rules of Civil
Procedure (Supplemental Rules for Certain Admiralty and Maritime Claims)
[28 App. U.S.C.], and asserting as an affirmative defense that--
``(1) the property is not subject to confiscation under such
provision of law; or
``(2) the innocent owner provisions of section 983(d) of title
18, United States Code, apply to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence [28 App. U.S.C.], if the court determines that
the evidence is reliable, and that compliance with the Federal Rules of
Evidence may jeopardize the national security interests of the United
States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain provisions
of Federal law from the definition of the term `civil forfeiture
statute' in section 983(i) of title 18, United States Code, shall
not be construed to deny an owner of property the right to contest
the confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the `Administrative Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit or
otherwise affect any other remedies that may be available to an
owner of property under section 983 of title 18, United States Code,
or any other provision of law.''
Section Referred to in Other Sections
This section is referred to in sections 981, 3051 of this title;
title 28 section 2467.
