Anti-terrorist forfeiture protection

18 U.S.C. § 987

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 46 — FORFEITURE

Text

(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), 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, 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.

History

(Added Pub. L. 109–177, title IV, §406(b)(1)(B), Mar. 9, 2006, 120 Stat. 244.)

Editorial Notes

Editorial Notes

References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Supplemental Rules for Certain Admiralty and Maritime Claims, which are set out as part of the Federal Rules of Civil Procedure, were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.
The Federal Rules of Evidence, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions
Provisions similar to those in this section were contained in Pub. L. 107–56, title III, §316(a)–(c), Oct. 26, 2001, 115 Stat. 309, which was set out as a note under section 983 of this title, prior to repeal by Pub. L. 109–177, §406(b)(2).

Editorial Notes

Amendments
2008—Pub. L. 110–179, §2(b), Jan. 7, 2008, 121 Stat. 2557, added item 1040.
2007—Pub. L. 109–476, §3(b), Jan. 12, 2007, 120 Stat. 3571, added item 1039.
2006—Pub. L. 109–177, title III, §302(b), Mar. 9, 2006, 120 Stat. 233, inserted "or seaport" at end of item 1036.
2004—Pub. L. 108–458, title VI, §6702(b), Dec. 17, 2004, 118 Stat. 3766, added item 1038.
Pub. L. 108–275, §2(b), July 15, 2004, 118 Stat. 832, added item 1028A.
2003—Pub. L. 108–187, §4(a)(2), Dec. 16, 2003, 117 Stat. 2705, added item 1037.
2000—Pub. L. 106–547, §2(b), Dec. 19, 2000, 114 Stat. 2739, added item 1036.
1998—Pub. L. 105–318, §3(h)(2), Oct. 30, 1998, 112 Stat. 3009, inserted "and information" at end of item 1028.
1996—Pub. L. 104–294, title VI, §601(f)(8), Oct. 11, 1996, 110 Stat. 3500, substituted "veteran's facilities" for "veterans' facilities" in item 1024.
Pub. L. 104–191, title II, §244(b), Aug. 21, 1996, 110 Stat. 2017, added item 1035.
1994—Pub. L. 103–322, title XXXII, §320603(b), Sept. 13, 1994, 108 Stat. 2118, added items 1033 and 1034.
1990—Pub. L. 101–647, title XXV, §2501(b), title XXXV, §3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after "1031" and added item 1032.
1989—Pub. L. 101–73, title IX, §§961(g)(2), 962(a)(4), Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 "Federal Savings and Loan Insurance Corporation transactions" and item 1009 "Rumors regarding Federal Savings and Loan Insurance Corporation".
1988—Pub. L. 100–700, §2(c), Nov. 19, 1988, 102 Stat. 4632, added item 1031.
1984—Pub. L. 98–473, title II, §§1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030.
1982—Pub. L. 97–398, §3, Dec. 31, 1982, 96 Stat. 2010, added item 1028.
1974—Pub. L. 93–406, title I, §112(a)(2)(B)(iii), formerly §111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, renumbered §112(a)(2)(B)(iii), Pub. L. 117–328, div. T, title III, §320(a)(1), Dec. 29, 2022, 136 Stat. 5354, substituted "Employee Retirement Income Security Act of 1974" for "Welfare and Pension Plans Disclosure Act" in item 1027.
1967—Pub. L. 90–19, §24(e), May 25, 1967, 81 Stat. 28, included "Department of Housing and Urban Development" in item 1010, and substituted the same for "Public Housing Administration" in item 1012.
1962—Pub. L. 87–420, §17(d), Mar. 20, 1962, 76 Stat. 42, added item 1027.
1951—Act Oct. 31, 1951, ch. 655, §25, 65 Stat. 720, substituted "Public Housing Administration" for "United States Housing Authority" in item 1012.
1949—Act May 24, 1949, ch. 139, §§18, 19, 63 Stat. 92, corrected spelling in item 1012 and substituted "officers" for "offices" in item 1019.