CITE-
42 USC Sec. 1982
01/16/96
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER I - GENERALLY
-HEAD-
Sec. 1982. Property rights of citizens
-STATUTE-
All citizens of the United States
shall have the same right, in
every State and Territory, as is enjoyed by
white citizens thereof
to inherit, purchase, lease, sell, hold, and
convey real and
personal property.
-SOURCE-
(R.S. Sec. 1978.)
-COD-
CODIFICATION
R.S. Sec. 1978 derived from act
Apr. 9, 1866, ch. 31, Sec. 1, 14
Stat. 27.
Section was formerly classified to
section 42 of Title 8, Aliens
and Nationality.
-EXEC-
EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING
Ex. Ord. No. 11063, Nov. 20, 1962,
27 F.R. 11527, as amended by
Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No.
12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939,
provided:
WHEREAS the granting of Federal
assistance for the provision,
rehabilitation, or operation of housing and
related facilities from
which Americans are excluded because of their
race, color, creed,
or national origin is unfair, unjust, and
inconsistent with the
public policy of the United States as
manifested in its
Constitution and laws; and
WHEREAS the Congress in the Housing
Act of 1949 (see Short Title
note set out under section 1441 of this title)
has declared that
the general welfare and security of the Nation
and the health and
living standards of its people require the
realization as soon as
feasible of the goal of a decent home and a
suitable living
environment for every American family; and
WHEREAS discriminatory policies and
practices based upon race,
color, creed, or national origin now operate to
deny many Americans
the benefits of housing financed through
Federal assistance and as
a consequence prevent such assistance from
providing them with an
alternative to substandard, unsafe, unsanitary,
and overcrowded
housing; and
WHEREAS such discriminatory
policies and practices result in
segregated patterns of housing and necessarily
produce other forms
of discrimination and segregation which deprive
many Americans of
equal opportunity in the exercise of their
unalienable rights to
life, liberty, and the pursuit of happiness;
and
WHEREAS the executive branch of the
Government, in faithfully
executing the laws of the United States which
authorize Federal
financial assistance, directly or indirectly,
for the provision,
rehabilitation, and operation of housing and
related facilities, is
charged with an obligation and duty to assure
that those laws are
fairly administered and that benefits
thereunder are made available
to all Americans without regard to their race,
color, creed, or
national origin:
NOW, THEREFORE, by virtue of the
authority vested in me as
President of the United States by the
Constitution and laws of the
United States, it is ordered as follows:
PART I - PREVENTION OF DISCRIMINATION
Section 101. I hereby direct all
departments and agencies in the
executive branch of the Federal Government,
insofar as their
functions relate to the provision,
rehabilitation, or operation of
housing and related facilities, to take all
action necessary and
appropriate to prevent discrimination because
of race, color,
religion (creed), sex, disability, familial
status or national
origin -
(a) in the sale, leasing, rental,
or other disposition of
residential property and related facilities
(including land to be
developed for residential use), or in the use
or occupancy thereof,
if such property and related facilities are -
(i) owned or operated by the
Federal Government, or
(ii) provided in whole or in part
with the aid of loans,
advances, grants, or contributions hereafter
agreed to be made by
the Federal Government, or
(iii) provided in whole or in part
by loans hereafter insured,
guaranteed, or otherwise secured by the credit
of the Federal
Government, or
(iv) provided by the development or
the redevelopment of real
property purchased, leased, or otherwise
obtained from a State or
local public agency receiving Federal financial
assistance for slum
clearance or urban renewal with respect to such
real property under
a loan of grant contract hereafter entered
into; and
(b) in the lending practices with
respect to residential property
and related facilities (including land to be
developed for
residential use) of lending institutions,
insofar as such practices
relate to loans hereafter insured or guaranteed
by the Federal
Government.
Sec. 102. I hereby direct the
Department of Housing and Urban
Development and all other executive departments
and agencies to use
their good offices and to take other
appropriate action permitted
by law, including the institution of
appropriate litigation, if
required, to promote the abandonment of
discriminatory practices
with respect to residential property and
related facilities
heretofore provided with Federal financial
assistance of the types
referred to in Section 101(a)(ii), (iii), and
(iv).
PART II - IMPLEMENTATION BY DEPARTMENTS AND AGENCIES
Sec. 201. Each executive department
and agency subject to this
order is directed to submit to the President's
Committee on Equal
Opportunity in Housing established pursuant to
Part IV of this
order (hereinafter sometimes referred to as the
Committee), within
thirty days from the date of this order, a
report outlining all
current programs administered by it which are
affected by this
order.
Sec. 202. Each such department and
agency shall be primarily
responsible for obtaining compliance with the
purposes of this
order as the order applies to programs
administered by it; and is
directed to cooperate with the Committee, to
furnish it, in
accordance with law, such information and
assistance as it may
request in the performance of its functions,
and to report to it at
such intervals as the Committee may require.
Sec. 203. Each such department and
agency shall, within thirty
days from the date of this order, issue such
rules and regulations,
adopt such procedures and policies, and make
such exemptions and
exceptions as may be consistent with law and
necessary or
appropriate to effectuate the purposes of this
order. Each such
department and agency shall consult with the
Committee in order to
achieve such consistency and uniformity as may
be feasible.
PART III - ENFORCEMENT
Sec. 301. The Committee, any
subcommittee thereof, and any
officer or employee designated by any executive
department or
agency subject to this order may hold such
hearings, public or
private, as the Committee, department, or
agency may deem advisable
for compliance, enforcement, or educational
purposes.
Sec. 302. If any executive
department or agency subject to this
order concludes that any person or firm
(including but not limited
to any individual, partnership, association,
trust, or corporation)
or any State or local public agency has
violated any rule,
regulation, or procedure issued or adopted
pursuant to this order,
or any nondiscrimination provision included in
any agreement or
contract pursuant to any such rule, regulation,
or procedure, it
shall endeavor to end and remedy such violation
by informal means,
including conference, conciliation, and
persuasion unless similar
efforts made by another Federal department or
agency have been
unsuccessful. In conformity with rules,
regulations, procedures,
or policies issued or adopted by it pursuant to
Section 203 hereof,
a department or agency may take such action as
may be appropriate
under its governing laws, including, but not
limited to, the
following:
It may -
(a) cancel or terminate in whole or
in part any agreement or
contract with such person, firm, or State or
local public agency
providing for a loan, grant, contribution, or
other Federal aid, or
for the payment of a commission or fee;
(b) refrain from extending any
further aid under any program
administered by it and affected by this order
until it is satisfied
that the affected person, firm, or State or
local public agency
will comply with the rules, regulations, and
procedures issued or
adopted pursuant to this order, and any
nondiscrimination
provisions included in any agreement or
contract;
(c) refuse to approve a lending
institution or any other lender
as a beneficiary under any program administered
by it which is
affected by this order or revoke such approval
if previously given.
Sec. 303. In appropriate cases
executive departments and agencies
shall refer to the Attorney General violations
of any rules,
regulations, or procedures issued or adopted
pursuant to this
order, or violations of any nondiscrimination
provisions included
in any agreement or contract, for such civil or
criminal action as
he may deem appropriate. The Attorney
General is authorized to
furnish legal advice concerning this order to
the Committee and to
any department or agency requesting such
advice.
Sec. 304. Any executive department
or agency affected by this
order may also invoke the sanctions provided in
Section 302 where
any person or firm, including a lender, has
violated the rules,
regulations, or procedures issued or adopted
pursuant to this
order, or the nondiscrimination provisions
included in any
agreement or contract, with respect to any
program affected by this
order administered by any other executive
department or agency.
PART IV - ESTABLISHMENT OF
THE PRESIDENT'S COMMITTEE ON EQUAL
OPPORTUNITY IN HOUSING
(Revoked. Ex. Ord. No. 12259, Dec.
31, 1980, 46 F.R. 1253; Ex.
Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59
F.R. 2939.)
PART V - POWERS AND DUTIES OF THE
PRESIDENT'S COMMITTEE ON EQUAL
OPPORTUNITY IN HOUSING
Sec. 501. (Revoked. Ex. Ord. No.
12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17,
1994, 59 F.R. 2939.)
Sec. 502. (a) The Committee shall
take such steps as it deems
necessary and appropriate to promote the
coordination of the
activities of departments and agencies under
this order. In so
doing, the Committee shall consider the overall
objectives of
Federal legislation relating to housing and the
right of every
individual to participate without
discrimination because of race,
color, religion (creed), sex, disability,
familial status or
national origin in the ultimate benefits of the
Federal programs
subject to this order.
(b) The Committee may confer with
representatives of any
department or agency, State or local public
agency, civic,
industry, or labor group, or any other group
directly or indirectly
affected by this order; examine the relevant
rules, regulations,
procedures, policies, and practices of any
department or agency
subject to this order and make such
recommendations as may be
necessary or desirable to achieve the purposes
of this order.
(c) The Committee shall encourage
educational programs by civic,
educational, religious, industry, labor, and
other nongovernmental
groups to eliminate the basic causes of
discrimination in housing
and related facilities provided with Federal
assistance.
Sec. 503. (Revoked. Ex. Ord. No.
12259, Dec. 31, 1980, 46 F.R.
1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17,
1994, 59 F.R. 2939.)
PART VI - MISCELLANEOUS
Sec. 601. As used in this order,
the term ''departments and
agencies'' includes any wholly-owned or
mixed-ownership Government
corporation, and the term ''State'' includes
the District of
Columbia, the Commonwealth of Puerto Rico, and
the territories of
the United States.
Sec. 602. This order shall become
effective immediately.
(Functions of President's Committee
on Equal Opportunity in
Housing under Ex. Ord. No. 11063 delegated to
Secretary of Housing
and Urban Development by Ex. Ord. No. 12892,
Sec. 6-604(a), Jan.
17, 1994, 59 F.R. 2939, set out as a note under
section 3608 of
this title.)
-CROSS-
CROSS REFERENCES
Third party tort liability to
United States for hospital and
medical care, see section 2651 et seq. of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in
sections 1988, 3608 of this title.
-CITE-
18 USC Sec. 1963
01/23/00
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
-HEAD-
Sec. 1963. Criminal penalties
-STATUTE-
(a) Whoever violates any provision of section
1962 of this
chapter shall be fined under this title or imprisoned not
more than
20 years (or for life if the violation is based on a
racketeering
activity for which the maximum penalty includes life
imprisonment),
or both, and shall forfeit to the United States, irrespective
of
any provision of State law -
(1) any interest the person has
acquired or maintained in
violation of section 1962;
(2) any -
(A) interest in;
(B) security of;
(C) claim against; or
(D) property or
contractual right of any kind affording a
source of influence over;
any enterprise which the person has established,
operated,
controlled, conducted, or participated in the
conduct of, in
violation of section 1962; and
(3) any property constituting, or
derived from, any proceeds
which the person obtained, directly or
indirectly, from
racketeering activity or unlawful debt collection
in violation of
section 1962.
The court, in imposing sentence on such person shall order,
in
addition to any other sentence imposed pursuant to this
section,
that the person forfeit to the United States all property
described
in this subsection. In lieu of a fine otherwise
authorized by this
section, a defendant who derives profits or other proceeds
from an
offense may be fined not more than twice the gross profits or
other
proceeds.
(b) Property subject to criminal forfeiture under
this section
includes -
(1) real property, including things
growing on, affixed to, and
found in land; and
(2) tangible and intangible personal
property, including
rights, privileges, interests, claims, and
securities.
(c) All right, title, and interest in property
described in
subsection (a) vests in the United States upon the commission
of
the act giving rise to forfeiture under this section.
Any such
property that is subsequently transferred to a person other
than
the defendant may be the subject of a special verdict of
forfeiture
and thereafter shall be ordered forfeited to the United
States,
unless the transferee establishes in a hearing pursuant to
subsection (l) that he is a bona fide purchaser for value of
such
property who at the time of purchase was reasonably without
cause
to believe that the property was subject to forfeiture under
this
section.
(d)(1) Upon application of the United States, the
court may enter
a restraining order or injunction, require the execution of a
satisfactory performance bond, or take any other action to
preserve
the availability of property described in subsection (a) for
forfeiture under this section -
(A) upon the filing of an indictment
or information charging a
violation of section 1962 of this chapter and
alleging that the
property with respect to which the order is
sought would, in the
event of conviction, be subject to forfeiture
under this section;
or
(B) prior to the filing of such an
indictment or information,
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:
Provided, however, That an order entered pursuant to
subparagraph
(B) shall be effective for not more than ninety days, unless
extended by the court for good cause shown or unless an
indictment
or information described in subparagraph (A) has been filed.
(2) A temporary restraining order under this
subsection may be
entered upon application of the United States without notice
or
opportunity for a hearing when an information or indictment
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 would, in
the
event of conviction, be subject to forfeiture under this
section
and that provision of notice will jeopardize the availability
of
the property for forfeiture. Such a temporary order
shall expire
not more than ten 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.
(3) 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.
(e) Upon conviction of a person under this
section, the court
shall enter a judgment of forfeiture of the property to the
United
States and shall also authorize the Attorney General to seize
all
property ordered forfeited upon such terms and conditions as
the
court shall deem proper. Following the entry of an
order declaring
the property forfeited, the court may, upon application of
the
United States, enter such appropriate restraining orders or
injunctions, require the execution of satisfactory
performance
bonds, appoint receivers, conservators, appraisers,
accountants, or
trustees, or take any other action to protect the interest of
the
United States in the property ordered forfeited. Any
income
accruing to, or derived from, an enterprise or an interest in
an
enterprise which has been ordered forfeited under this
section may
be used to offset ordinary and necessary expenses to the
enterprise
which are required by law, or which are necessary to protect
the
interests of the United States or third parties.
(f) Following the seizure of property ordered
forfeited under
this section, the Attorney General shall direct the
disposition of
the property by sale or any other commercially feasible
means,
making due provision for the rights of any innocent persons.
Any
property right or interest not exercisable by, or
transferable for
value to, the United States shall expire and shall not revert
to
the defendant, nor shall the defendant or any person acting
in
concert with or on behalf of the defendant be eligible to
purchase
forfeited property at any sale held by the United States.
Upon
application of a person, other than the defendant or a person
acting in concert with or on behalf of the defendant, the
court may
restrain or stay the sale or disposition of the property
pending
the conclusion of any appeal of the criminal case giving rise
to
the forfeiture, if the applicant demonstrates that proceeding
with
the sale or disposition of the property will result in
irreparable
injury, harm or loss to him. Notwithstanding 31 U.S.C.
3302(b),
the proceeds of any sale or other disposition of property
forfeited
under this section and any moneys forfeited shall be used to
pay
all proper expenses for the forfeiture and the sale,
including
expenses of seizure, maintenance and custody of the property
pending its disposition, advertising and court costs.
The Attorney
General shall deposit in the Treasury any amounts of such
proceeds
or moneys remaining after the payment of such expenses.
(g) With respect to property ordered forfeited
under this
section, the Attorney General is authorized to -
(1) grant petitions for mitigation or
remission of forfeiture,
restore forfeited property to victims of a
violation of this
chapter, or take any other action to protect the
rights of
innocent persons which is in the interest of
justice and which is
not inconsistent with the provisions of this
chapter;
(2) compromise claims arising under
this section;
(3) award compensation to persons
providing information
resulting in a forfeiture under this section;
(4) direct the disposition by the
United States of all property
ordered forfeited under this section by public
sale or any other
commercially feasible means, making due provision
for the rights
of innocent persons; and
(5) take appropriate measures
necessary to safeguard and
maintain property ordered forfeited under this
section pending
its disposition.
(h) The Attorney General may promulgate
regulations with respect
to -
(1) making reasonable efforts to
provide notice to persons who
may have an interest in property ordered
forfeited under this
section;
(2) granting petitions for remission
or mitigation of
forfeiture;
(3) the restitution of property to
victims of an offense
petitioning for remission or mitigation of
forfeiture under this
chapter;
(4) the disposition by the United
States of forfeited property
by public sale or other commercially feasible
means;
(5) the maintenance and safekeeping
of any property forfeited
under this section pending its disposition; and
(6) the compromise of claims arising
under this chapter.
Pending the promulgation of such regulations, all provisions
of law
relating to the disposition of property, or the proceeds from
the
sale thereof, or the remission or mitigation of forfeitures
for
violation of the customs laws, and the compromise of claims
and the
award of compensation to informers in respect of such
forfeitures
shall apply to forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as
applicable and not inconsistent with the provisions hereof.
Such
duties as are imposed upon the Customs Service or any person
with
respect to the disposition of property under the customs law
shall
be performed under this chapter by the Attorney General.
(i) Except as provided in subsection (l), no
party claiming an
interest in property subject to forfeiture under this section
may -
(1) intervene in a trial or appeal of
a criminal case involving
the forfeiture of such property under this
section; or
(2) commence an action at law or
equity against the United
States concerning the validity of his alleged
interest in the
property subsequent to the filing of an
indictment or information
alleging that the property is subject to
forfeiture under this
section.
(j) The district courts of the United States
shall have
jurisdiction to enter orders as provided in this section
without
regard to the location of any property which may be subject
to
forfeiture under this section or which has been ordered
forfeited
under this section.
(k) In order to facilitate the identification or
location of
property declared forfeited and to facilitate the disposition
of
petitions for remission or mitigation of forfeiture, after
the
entry of an order declaring property forfeited to the United
States
the court may, upon application of the United States, order
that
the testimony of any witness relating to the property
forfeited be
taken by deposition and that any designated book, paper,
document,
record, recording, or other material not privileged be
produced at
the same time and place, in the same manner as provided for
the
taking of depositions under Rule 15 of the Federal Rules of
Criminal Procedure.
(l)(1) Following the entry of an order of
forfeiture under this
section, the United States shall publish notice of the order
and of
its intent to dispose of the property in such manner as the
Attorney General may direct. The Government may also,
to the
extent practicable, provide direct written notice to any
person
known to have alleged an interest in the property that is the
subject of the order of forfeiture as a substitute for
published
notice as to those persons so notified.
(2) Any person, other than the defendant,
asserting a legal
interest in property which has been ordered forfeited to the
United
States pursuant to this section may, within thirty days of
the
final publication of notice or his receipt of notice under
paragraph (1), whichever is earlier, petition the court for a
hearing to adjudicate the validity of his alleged interest in
the
property. The hearing shall be held before the court
alone,
without a jury.
(3) The petition shall be signed by the
petitioner under penalty
of perjury and shall set forth the nature and extent of the
petitioner's right, title, or interest in the property, the
time
and circumstances of the petitioner's acquisition of the
right,
title, or interest in the property, any additional facts
supporting
the petitioner's claim, and the relief sought.
(4) The hearing on the petition shall, to the
extent practicable
and consistent with the interests of justice, be held within
thirty
days of the filing of the petition. The court may
consolidate the
hearing on the petition with a hearing on any other petition
filed
by a person other than the defendant under this subsection.
(5) At the hearing, the petitioner may testify
and present
evidence and witnesses on his own behalf, and cross-examine
witnesses who appear at the hearing. The United States
may present
evidence and witnesses in rebuttal and in defense of its
claim to
the property and cross-examine witnesses who appear at the
hearing. In addition to testimony and evidence
presented at the
hearing, the court shall consider the relevant portions of
the
record of the criminal case which resulted in the order of
forfeiture.
(6) If, after the hearing, the court determines
that the
petitioner has established by a preponderance of the evidence
that
-
(A) the petitioner has a legal right,
title, or interest in the
property, and such right, title, or interest
renders the order of
forfeiture invalid in whole or in part because
the right, title,
or interest was vested in the petitioner rather
than the
defendant or was superior to any right, title, or
interest of the
defendant at the time of the commission of the
acts which gave
rise to the forfeiture of the property under this
section; or
(B) the petitioner is a bona fide
purchaser for value of the
right, title, or interest in the property and was
at the time of
purchase reasonably without cause to believe that
the property
was subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance
with
its determination.
(7) Following the court's disposition of all
petitions filed
under this subsection, or if no such petitions are filed
following
the expiration of the period provided in paragraph (2) for
the
filing of such petitions, the United States shall have clear
title
to property that is the subject of the order of forfeiture
and may
warrant good title to any subsequent purchaser or transferee.
(m) If any of the property described in
subsection (a), as a
result of any act or omission of the defendant -
(1) cannot be located upon the
exercise of due diligence;
(2) has been transferred or sold to,
or deposited with, a third
party;
(3) has been placed beyond the
jurisdiction of the court;
(4) has been substantially diminished
in value; or
(5) has been commingled with other
property which cannot be
divided without difficulty;
the court shall order the forfeiture of any other property of
the
defendant up to the value of any property described in
paragraphs
(1) through (5).
-SOURCE-
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970,
84
Stat. 943; amended Pub. L. 98-473, title II, Sec. 302,
2301(a)-(c),
Oct. 12, 1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I,
Sec.
1153(a), Oct. 27, 1986, 100 Stat. 3207-13; Pub. L. 99-646,
Sec. 23,
Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-690, title VII,
Sec.
7034, 7058(d), Nov. 18, 1988, 102 Stat. 4398, 4403; Pub. L.
101-647, title XXXV, Sec. 3561, Nov. 29, 1990, 104 Stat.
4927.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in
subsec. (d)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
-MISC2-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-647 substituted
''or both'' for
''or both.'' in introductory provisions.
1988 - Subsec. (a). Pub. L. 100-690, Sec.
7058(d), substituted
''shall be fined under this title or imprisoned not more than
20
years (or for life if the violation is based on a
racketeering
activity for which the maximum penalty includes life
imprisonment),
or both.'' for ''shall be fined not more than $25,000 or
imprisoned
not more than twenty years, or both''.
Subsecs. (m), (n). Pub. L. 100-690, Sec. 7034,
redesignated
former subsec. (n) as (m) and substituted ''act or omission''
for
''act of omission''.
1986 - Subsecs. (c) to (m). Pub. L. 99-646
substituted ''(l)''
for ''(m)'' in subsec. (c), redesignated subsecs. (e) to (m)
as (d)
to (l), respectively, and substituted ''(l)'' for ''(m)'' in
subsec. (i) as redesignated.
Subsec. (n). Pub. L. 99-570 added subsec. (n).
1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(a),
inserted ''In
lieu of a fine otherwise authorized by this section, a
defendant
who derives profits or other proceeds from an offense may be
fined
not more than twice the gross profits or other proceeds.''
following par. (3).
Pub. L. 98-473, Sec. 302, amended subsec. (a)
generally,
designating existing provisions as pars. (1) and (2),
inserting
par. (3), and provisions following par. (3) relating to power
of
the court to order forfeiture to the United States.
Subsec. (b). Pub. L. 98-473, Sec. 302, amended
subsec. (b)
generally, substituting provisions relating to property
subject to
forfeiture, for provisions relating to jurisdiction of the
district
courts of the United States.
Subsec. (c). Pub. L. 98-473, Sec. 302, amended
subsec. (c)
generally, substituting provisions relating to transfer of
rights,
etc., in property to the United States, or to other
transferees,
for provisions relating to seizure and transfer of property
to the
United States and procedures related thereto.
Subsec. (d). Pub. L. 98-473, Sec. 2301(b), struck
out subsec. (d)
which provided: ''If any of the property described in
subsection
(a): (1) cannot be located; (2) has been transferred to, sold
to,
or deposited with, a third party; (3) has been placed beyond
the
jurisdiction of the court; (4) has been substantially
diminished in
value by any act or omission of the defendant; or (5) has
been
commingled with other property which cannot be divided
without
difficulty; the court shall order the forfeiture of any other
property of the defendant up to the value of any property
described
in paragraphs (1) through (5).''
Pub. L. 98-473, Sec. 302, added subsec. (d).
Subsecs. (e) to (m). Pub. L. 98-473, Sec. 302,
added subsecs. (d)
to (m).
Subsec. (m)(1). Pub. L. 98-473, Sec. 2301(c),
struck out ''for at
least seven successive court days'' after ''dispose of the
property''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2516,
3293, 3554 of this
title; title 7 section 12a; title 50 App. section 2410.