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1

"(h) STAY OF PROCEEDINGS.-The filing of an indict

2 ment or information alleging a violation of this chapter which

3 is also related to a civil forfeiture proceeding under this sec

4 tion shall, upon motion of the United States and for good 5 cause shown, stay the civil forfeiture proceeding.

6

"(i) VENUE. In addition to the venue provided for in

7 section 1395 of title 28 or any other provision of law, in the 8 case of property of a defendant charged with a violation that 9 is the basis for forfeiture of the property under this section, a 10 proceeding for forfeiture under this section may be brought in 11 the judicial district in which the defendant owning such prop12 erty is found or in the judicial district in which the criminal 13 prosecution is brought.".

14

(e) TARIFF ACT AMENDMENT.-Section 305 of the 15 Tariff Act of 1930 (19 U.S.C. 1305), is amended by adding 16 at the end the following:

17

"(b) COORDINATION OF FORFEITURE PROCEEDINGS

18 WITH CRIMINAL PROCEEDINGS.-(1) Notwithstanding sub19 section (a), whenever the Customs Service is of the opinion 20 that criminal prosecution would be appropriate or that further 21 criminal investigation is warranted in connection with alleg22 edly obscene material seized at the time of entry, the appro23 priate customs officer shall immediately transmit information 24 concerning such seizure to the United States Attorney of the 25 district of the addressee's residence. No notice to the address

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1 ee or consignee concerning the seizure is required at the time

2 of such transmittal.

3 "(2) Upon receipt of such information, such United 4 States attorney shall promptly determine whether in such at5 torney's opinion the referral of the matter for forfeiture under 6 this section would materially affect the Government's ability 7 to conduct a criminal investigation with respect to such 8 seizure.

9

"(3) If the United States attorney is of the opinion that 10 no prejudice to such investigation will result from such refer11 ral, such attorney shall immediately so notify the Customs 12 Service in writing. The appropriate customs officer shall im13 mediately notify in writing the addressee or consignee of the 14 seizure and shall transmit information concerning such sei15 zure to the United States attorney of the district in which is 16 situated the office at which such seizure has taken place. The 17 actions described in paragraphs (1) through (3) of this subsec18 tion shall take place within sufficient time to allow for the 19 filing of a forfeiture complaint within 14 days of the seizure 20 unless the United States attorney of the district of the ad21 dressee's residence certifies in writing and includes specific, 22 articulable facts demonstrating that the determination re23 quired in paragraph (2) of this subsection could not be made 24 in sufficient time to comply with this deadline. In such cases, 25 the actions described in paragraphs (1) through (3) of this

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1 subsection shall take place within sufficient time to allow for 2 the filing of a forfeiture complaint within 21 days of seizure. 3 "(4) If the United States attorney for the district of the 4 addressee's residence concludes that material prejudice to 5 such investigation will result from such referral, such United 6 States attorney shall place on file, within 14 days of the date 7 of seizure, a dated certification stating that it is the United 8 States attorney's judgment that referral of the matter for for9 feiture under this section would materially affect the Govern10 ment's ability to conduct a criminal investigation with respect 11 to the seizure. The certification shall set forth specific, articu12 lable facts demonstrating that withholding referral for forfeit13 ure is necessary.

14

“(5)(A) As soon as the circumstances change so that 15 withholding of referral for forfeiture is no longer necessary 16 for purposes of the criminal investigation, the United States 17 attorney shall immediately so notify the Customs Service in 18 writing and shall furnish a copy of the certification described 19 in paragraph (4) above to the Customs Service.

20

"(B) In any matter referred to a United States attorney 21 for possible criminal prosecution wherein subparagraph (5)(A) 22 does not apply, the United States attorney shall immediately 23 notify the Customs Service in writing concerning the disposi24 tion of the matter, whether by institution of a prosecution or 25 a letter of declination, and shall also furnish a copy of the

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1 certification described in paragraph (4) of this subsection to

2 the Customs Service.

3

"(C) Upon receipt of the notification described in sub4 paragraph (A) or (B) of this paragraph, the appropriate cus5 toms officer shall immediately notify the addressee or con6 signee of the seizure and shall transmit information concern7 ing the seizure, including a copy of the certification described 8 in paragraph (4) above and a copy of the notification de9 scribed in subparagraph (A) or (B) of this paragraph, to the 10 United States attorney of the district in which is situated the 11 office at which such seizure has taken place, who shall insti12 tute forfeiture proceedings in accordance with subsection (a) 13 hereof within 14 days of the date of the notification described 14 in subparagraph (A) or (B) above. A copy of the certification 15 described in paragraph (4) above and a copy of the notifica16 tion described in subparagraph (A) or (B) of this paragraph 17 shall be affixed to the complaint for forfeiture.

18

"(c) STAY ON MOTION.-Upon motion of the United 19 States, a court, for good cause shown, shall stay civil forfeit20 ure proceedings commenced under this section pending the 21 completion of any related criminal matter whether in the 22 same or in a different district.".

23 SEC. 203. CABLE TELEVISION OBSCENITY.

24

(a) FINDINGS.—The Congress finds that—

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(1) cable television programming is routinely
transmitted from transmitting facilities in one State to
locations in other States and in foreign countries;

(2) cable and subscription television programs are
routinely relayed in interstate or foreign commerce via
satellites;

(3) operators of cable and subscription television
services routinely make available to their subscribers
movies and other programs that have been produced in

a manner that involves interstate or foreign commerce
11 and have been shipped or transported in interstate or

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foreign commerce;

(4) the equipment necessary to provide cable and
subscription television service to consumers and televi-
sion sets capable of receiving cable transmissions and
subscription television programming are all routinely
shipped and transported in interstate commerce and
foreign commerce;

(5) a national market exists for all types of pro-
gramming available via cable and subscription televi-
sion, and this market involves the use of the channels

of interstate and foreign commerce;

(6) production and distribution of cable and sub-

scription television programming that is entirely within