28 U.S.C. § 2415 — Time for commencing actions brought by

Page 607 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2415 foreign court or tribunal against the United States, or against its agencies or officials upon obligations or liabilities of the United States, shall be made on settlements by the Secretary of the Treasury after certification by the Attor- ney General that it is in the interest of the United States to pay the same. Whenever the Attorney General determines that no appeal shall be taken from a judgment or that no further review will be sought from a decision affirming the same, he shall so certify and the judgment shall be deemed final. Except as otherwise provided by law, com- promise settlements of claims referred to the Attorney General for defense of imminent litiga- tion or suits against the United States, or against its agencies or officials upon obligations or liabilities of the United States, made by the Attorney General or any person authorized by him, shall be settled and paid in a manner simi- lar to judgments in like causes and appropria- tions or funds available for the payment of such judgments are hereby made available for the payment of such compromise settlements. (June 25, 1948, ch. 646, 62 Stat. 974; Pub. L. 87–187, § 1, Aug. 30, 1961, 75 Stat. 415; Pub. L. 95–563, § 14(d), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 96–417, title V, § 512, Oct. 10, 1980, 94 Stat. 1744; Pub. L. 104–316, title II, § 202(k), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 111–350, § 5(g)(10), Jan. 4, 2011, 124 Stat. 3848.) HISTORICAL AND REVISION NOTES Based on section 228 of title 31, U.S.C., 1940 ed., Money and Finance (Feb. 18, 1904, ch. 160, § 1, 33 Stat. 41; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Similar provisions of section 228 of title 31, U.S.C., 1940 ed., relating to judgments of the court of claims are incorporated in section 2517 of this title. The second paragraph was added to make clear that the payment of judgments not appealed may be expe- dited by certificate to that effect. Changes were made in phraseology. Editorial Notes AMENDMENTS 2011—Pub. L. 111–350 substituted ‘‘chapter 71 of title 41’’ for ‘‘the Contract Disputes Act of 1978’’ in first par. 1996—Pub. L. 104–316 in first par. substituted ‘‘Sec- retary of the Treasury’’ for ‘‘General Accounting Of- fice’’ in two places. 1980—Pub. L. 96–417 provided for payment of final judgments rendered by the Court of International Trade against the United States on settlements by the General Accounting Office. 1978—Pub. L. 95–563 inserted Contract Disputes Act of 1978 exception. 1961—Pub. L. 87–187 provided for payment of final judgments rendered by a State or foreign court against the United States, its agencies or officials and com- promise settlements and substituted ‘‘and compromise settlements’’ for ‘‘against the United States’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95–563, Nov. 1, 1978, 92 Stat. 2391, formerly set out as an Effective Date note under section 601 of former Title 41, Public Contracts. § 2415. Time for commencing actions brought by the United States (a) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any con- tract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in applicable administrative proceedings re- quired by contract or by law, whichever is later: Provided, That in the event of later partial pay- ment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowl- edgment: Provided further, That an action for money damages brought by the United States for or on behalf of a recognized tribe, band or group of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action ac- crued: Provided further, That an action for money damages which accrued on the date of en- actment of this Act in accordance with sub- section (g) brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status, shall not be barred unless the complaint is filed sixty days after the date of publication of the list required by section 4(c) of the Indian Claims Limitation Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Limitation Act of 1982, any right of action shall be barred unless the complaint is filed within (1) one year after the Secretary of the Interior has published in the Federal Register a notice re- jecting such claim or (2) three years after the date the Secretary of the Interior has submitted legislation or legislative report to Congress to resolve such claim or more than two years after a final decision has been rendered in applicable administrative proceedings required by contract or by law, whichever is later. (b) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first accrues: Provided, That an action to recover damages resulting from a trespass on lands of the United States; an action to recover damages resulting from fire to such lands; an action to recover for diversion of money paid under a grant program; and an action for conversion of property of the United States may be brought within six years after the right of action ac- crues, except that such actions for or on behalf of a recognized tribe, band or group of American Page 608 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2415 Indians, including actions relating to allotted trust or restricted Indian lands, may be brought within six years and ninety days after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band, or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status which accrued on the date of enactment of this Act in accordance with subsection (g) may be brought on or before sixty days after the date of the publication of the list required by section 4(c) of the Indian Claims Limitation Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Limitation Act of 1982, any right of action shall be barred unless the complaint is filed within (1) one year after the Secretary of the Interior has published in the Federal Register a notice re- jecting such claim or (2) three years after the Secretary of the Interior has submitted legisla- tion or legislative report to Congress to resolve such claim. (c) Nothing herein shall be deemed to limit the time for bringing an action to establish the title to, or right of possession of, real or personal property. (d) Subject to the provisions of section 2416 of this title and except as otherwise provided by Congress, every action for the recovery of money erroneously paid to or on behalf of any civilian employee of any agency of the United States or to or on behalf of any member or de- pendent of any member of the uniformed serv- ices of the United States, incident to the em- ployment or services of such employee or mem- ber, shall be barred unless the complaint is filed within six years after the right of action ac- crues: Provided, That in the event of later par- tial payment or written acknowledgment of debt, the right of action shall be deemed to ac- crue again at the time of each such payment or acknowledgment. (e) In the event that any action to which this section applies is timely brought and is there- after dismissed without prejudice, the action may be recommenced within one year after such dismissal, regardless of whether the action would otherwise then be barred by this section. In any action so recommenced the defendant shall not be barred from interposing any claim which would not have been barred in the origi- nal action. (f) The provisions of this section shall not pre- vent the assertion, in an action against the United States or an officer or agency thereof, of any claim of the United States or an officer or agency thereof against an opposing party, a co- party, or a third party that arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim. A claim of the United States or an officer or agency thereof that does not arise out of the transaction or oc- currence that is the subject matter of the oppos- ing party’s claim may, if time-barred, be as- serted only by way of offset and may be allowed in an amount not to exceed the amount of the opposing party’s recovery. (g) Any right of action subject to the provi- sions of this section which accrued prior to the date of enactment of this Act shall, for purposes of this section, be deemed to have accrued on the date of enactment of this Act. (h) Nothing in this Act shall apply to actions brought under the Internal Revenue Code or in- cidental to the collection of taxes imposed by the United States. (i) The provisions of this section shall not pre- vent the United States or an officer or agency thereof from collecting any claim of the United States by means of administrative offset, in ac- cordance with section 3716 of title 31. (Added Pub. L. 89–505, § 1, July 18, 1966, 80 Stat. 304; amended Pub. L. 92–353, July 18, 1972, 86 Stat. 499; Pub. L. 92–485, Oct. 13, 1972, 86 Stat. 803; Pub. L. 95–64, July 11, 1977, 91 Stat. 268; Pub. L. 95–103, Aug. 15, 1977, 91 Stat. 842; Pub. L. 96–217, § 1, Mar. 27, 1980, 94 Stat. 126; Pub. L. 97–365, § 9, Oct. 25, 1982, 96 Stat. 1754; Pub. L. 97–394, title I, § 2, Dec. 30, 1982, 96 Stat. 1976; Pub. L. 97–452, § 2(d)(2), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98–250, § 4(a), Apr. 3, 1984, 98 Stat. 118.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- secs. (a), (b), and (g), means the date of enactment of Pub. L. 89–505, which was approved July 18, 1966. The Indian Claims Limitation Act of 1982, referred to in subsecs. (a) and (b), is Pub. L. 97–394, title I, §§ 2–6, Dec. 30, 1982, 96 Stat. 1976–1978, which amended this sec- tion and enacted provisions set out as notes below. For complete classification of this Act to the Code, see Short Title of 1982 Amendment note set out below and Tables. This Act, referred to in subsec. (h), probably means Pub. L. 89–505, July 18, 1966, 80 Stat. 304, which enacted this section and section 2416 of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1984—Subsecs. (a), (b). Pub. L. 98–250 substituted ‘‘In- dian Claims Limitation Act of 1982’’ for ‘‘Indian Claims Act of 1982’’ wherever appearing. 1983—Subsec. (i). Pub. L. 97–452 substituted ‘‘section 3716 of title 31’’ for ‘‘section 5 of the Federal Claims Collection Act of 1966’’. 1982—Subsec. (a). Pub. L. 97–394, § 2(a), substituted ‘‘sixty days after the date of publication of the list re- quired by section 4(c) of the Indian Claims Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Act of 1982, any right of action shall be barred unless the complaint is filed within (1) one year after the Sec- retary of the Interior has published in the Federal Reg- ister a notice rejecting such claim or (2) three years after the date the Secretary of the Interior has sub- mitted legislation or legislative report to Congress to resolve such claim’’ for ‘‘after December 31, 1982’’ in third proviso. Subsec. (b). Pub. L. 97–394, § 2(b), substituted ‘‘sixty days after the date of the publication of the list re- quired by section 4(c) of the Indian Claims Act of 1982: Provided, That, for those claims that are on either of the two lists published pursuant to the Indian Claims Act of 1982, any right of action shall be barred unless the complaint is filed within (1) one year after the Sec- retary of the Interior has published in the Federal Reg- ister a notice rejecting such claim or (2) three years after the Secretary of the Interior has submitted legis- lation or legislative report to Congress to resolve such claim’’ for ‘‘December 31, 1982’’ at end of proviso. Subsec. (i). Pub. L. 97–365 added subsec. (i). 1980—Subsec. (a). Pub. L. 96–217, § 1(a), substituted ‘‘December 31, 1982’’ for ‘‘April 30, 1980’’. Page 609 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2415 Subsec. (b). Pub. L. 96–217, § 1(b), substituted ‘‘Decem- ber 31, 1982’’ for ‘‘April 1, 1980’’. 1977—Subsec. (a). Pub. L. 95–103, § 1(a), substituted ‘‘after April 1, 1980’’ for ‘‘after August 18, 1977’’. Pub. L. 95–64, § 1(a), substituted ‘‘unless the complaint is filed after August 18, 1977’’ for ‘‘unless the complaint is filed more than eleven years after the right of action accrued’’ in proviso covering actions for money dam- ages brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status based upon rights of action which accrued on July 18, 1966, in accordance with sub- sec. (g). Subsec. (b). Pub. L. 95–103, § 1(b), substituted ‘‘on or before April 1, 1980’’ for ‘‘on or before August 18, 1977’’. Pub. L. 95–64, § 1(b), substituted ‘‘may be brought on or before August 18, 1977’’ for ‘‘may be brought within eleven years after the right of action accrues’’ in pro- viso covering actions for or on behalf of recognized tribes, bands, or groups of American Indians, including actions related to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status based upon rights of action which accrued on July 18, 1966, in accordance with subsec. (g). 1972—Subsec. (a). Pub. L. 92–485, § 1(a), inserted pro- viso relating to actions for money damages brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or re- stricted status. Pub. L. 92–353, § 1(a), inserted proviso that an action for money damages brought by the United States on be- half of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued. Subsec. (b). Pub. L. 92–485, § 1(b), inserted exception relating to actions for or on behalf of a recognized tribe, band, or group of American Indians, including ac- tions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status. Pub. L. 92–353, § 1(b), increased the period of limita- tion to six years and ninety days for actions brought by the United States under the subsection for or on behalf of American Indians. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–394, title I, § 1, Dec. 30, 1982, 96 Stat. 1976, as amended by Pub. L. 98–250, § 4(b), Apr. 3, 1984, 98 Stat. 119, provided in part that: ‘‘Sections 2 through 6 of this Act [amending this section and enacting provisions set out below] may be cited as the ‘Indian Claims Limita- tion Act of 1982’.’’ PUBLICATION OF LIST OF INDIAN CLAIMS; ADDITIONAL CLAIMS; TIME TO COMMENCE ACTION; REJECTION OF CLAIMS; CLAIMS RESOLVED BY LEGISLATION Pub. L. 97–394, title I, §§ 3–6, Dec. 30, 1982, 96 Stat. 1977, 1978, provided that: ‘‘SEC. 3. (a) Within ninety days after the enactment of this Act [Dec. 30, 1982], the Secretary of the Interior (hereinafter referred to as the ‘Secretary’) shall publish in the Federal Register a list of all claims accruing to any tribe, band or group of Indians or individual Indian on or before July 18, 1966, which have at any time been identified by or submitted to the Secretary under the ‘Statute of Limitation Project’ undertaken by the De- partment of the Interior and which, but for the provi- sions of this Act [see Short Title of 1982 Amendment note above], would be barred by the provisions of sec- tion 2415 of title 28, United States Code: Provided, That the Secretary shall have the discretion to exclude from such list any matter which was erroneously identified as a claim and which has no legal merit whatsoever. ‘‘(b) Such list shall group the claims on a reservation- by-reservation, tribe-by-tribe, or State-by-State basis, as appropriate, and shall state the nature and geo- graphic location of each claim and only such other ad- ditional information as may be needed to identify spe- cifically such claims. ‘‘(c) Within thirty days after the publication of this list, the Secretary shall provide a copy of the Indian Claims Limitation Act of 1982 [see Short Title of 1982 Amendment note above] and a copy of the Federal Reg- ister containing this list, or such parts as may be perti- nent, to each Indian tribe, band or group whose rights or the rights of whose members could be affected by the provisions of section 2415 of title 28, United States Code. ‘‘SEC. 4. (a) Any tribe, band or group of Indians or any individual Indian shall have one hundred and eighty days after the date of the publication in the Federal Register of the list provided for in section 3 of this Act to submit to the Secretary any additional specific claim or claims which such tribe, band or group of Indi- ans or individual Indian believes may be affected by section 2415 of title 28, United States Code, and desires to have considered for litigation or legislation by the United States. ‘‘(b) Any such claim submitted to the Secretary shall be accompanied by a statement identifying the nature of the claim, the date when the right of action alleg- edly accrued, the names of the potential plaintiffs and defendants, if known, and such other information need- ed to identify and evaluate such claim. ‘‘(c) Not more than thirty days after the expiration of the one hundred and eighty day period provided for in subsection (a) of this section, the Secretary shall pub- lish in the Federal Register a list containing the addi- tional claims submitted during such period: Provided, That the Secretary shall have the discretion to exclude from such list any matter which has not been suffi- ciently identified as a claim. ‘‘SEC. 5. (a) Any right of action shall be barred sixty days after the date of the publication of the list re- quired by section 4(c) of this Act for those pre-1966 claims which, but for the provisions of this Act [see Short Title of 1982 Amendment note above], would have been barred by section 2415 of title 28, United States Code, unless such claims are included on either of the lists required by section 3 or 4(c) of this Act. ‘‘(b) If the Secretary decides to reject for litigation any of the claims or groups or categories of claims con- tained on either of the lists required by section 3 or 4(c) of this Act, he shall send a report to the appropriate tribe, band, or group of Indians, whose rights or the rights of whose members could be affected by such re- jection, advising them of his decision. The report shall identify the nature and geographic location of each re- jected claim and the name of the potential plaintiffs and defendants if they are known or can be reasonably ascertained and shall, briefly, state the reasons why such claim or claims were rejected for litigation. Where the Secretary knows or can reasonably ascertain the identity of any of the potential individual Indian plain- tiffs and their present addresses, he shall provide them with written notice of such rejection. Upon the request of any Indian claimant, the Secretary shall, without undue delay, provide to such claimant any nonprivi- leged research materials or evidence gathered by the United States in the documentation of such claim. ‘‘(c) The Secretary, as soon as possible after pro- viding the report required by subsection (b) of this sec- tion, shall publish a notice in the Federal Register identifying the claims covered in such report. With re- spect to any claim covered by such report, any right of action shall be barred unless the complaint is filed within one year after the date of publication in the Federal Register. ‘‘SEC. 6. (a) If the Secretary determines that any claim or claims contained in either of the lists as pro- vided in sections 3 or 4(c) of this Act is not appropriate for litigation, but determines that such claims may be appropriately resolved by legislation, he shall submit to the Congress legislation to resolve such claims or shall submit to Congress a report setting out options for legislative resolution of such claims. Page 610 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2416 1 So in original. ‘‘(b) Any right of action on claims covered by such legislation or report shall be barred unless the com- plaint is filed within 3 years after the date of submis- sion of such legislation or legislative report to Con- gress.’’ LEGISLATIVE PROPOSALS RESPECTING APPROPRIATENESS OF RESOLUTION BY LITIGATION OF UNRESOLVED IN- DIAN CLAIMS Pub. L. 96–217, § 2, Mar. 27, 1980, 94 Stat. 126, provided that: ‘‘Not later than June 30, 1981, the Secretary of the Interior, after consultation with the Attorney General, shall submit to the Congress legislative proposals to re- solve those Indian claims subject to the amendments made by the first section of this Act [amending this section] that the Secretary of the Interior or the Attor- ney General believes are not appropriate to resolve by litigation.’’ § 2416. Time for commencing actions brought by the United States—Exclusions For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which— (a) the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the Common- wealth of Puerto Rico; or (b) the defendant is exempt from legal proc- ess because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or (c) facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the cir- cumstances; or (d) the United States is in a state of war de- clared pursuant to article I, section 8, of the Constitution of the United States. (Added Pub. L. 89–505, § 1, July 18, 1966, 80 Stat. 305.) CHAPTER 163—FINES, PENALTIES AND FORFEITURES Sec. 2461. Mode of recovery. 2462. Time for commencing proceedings. 2463. Property taken under revenue law not re- pleviable. 2464. Security; special bond. 2465. Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest. 2466. Fugitive disentitlement. 2467. Enforcement of foreign judgment. Editorial Notes AMENDMENTS 2000—Pub. L. 106–185, §§ 4(b), 14(b), 15(b), Apr. 25, 2000, 114 Stat. 213, 219, 221, substituted ‘‘Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest’’ for ‘‘Return of property to claimant; certificate of reasonable cause; liability for wrongful seizure’’ in item 2465 and added items 2466 and 2467. § 2461. Mode of recovery (a) Whenever a civil fine, penalty or pecuniary forfeiture is prescribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be re- covered in a civil action. (b) Unless otherwise provided by Act of Con- gress, whenever a forfeiture of property is pre- scribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navigable waters within the admi- ralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty. (c) If a person is charged in a criminal case with a violation of an Act of Congress for which the civil or criminal forfeiture of property is au- thorized, the Government may include notice of the forfeiture in the indictment or information pursuant to the Federal Rules of Criminal Pro- cedure. If the defendant is convicted of the of- fense giving rise to the forfeiture, the court shall order the forfeiture of the property as part of the sentence in the criminal case pursuant to to 1 the Federal Rules of Criminal Procedure and section 3554 of title 18, United States Code. The procedures in section 413 of the Controlled Sub- stances Act (21 U.S.C. 853) apply to all stages of a criminal forfeiture proceeding, except that subsection (d) of such section applies only in cases in which the defendant is convicted of a violation of such Act. (June 25, 1948, ch. 646, 62 Stat. 974; Pub. L. 106–185, § 16, Apr. 25, 2000, 114 Stat. 221; Pub. L. 109–177, title IV, § 410, Mar. 9, 2006, 120 Stat. 246.) HISTORICAL AND REVISION NOTES Subsection (a) was drafted to clarify a serious ambi- guity in existing law and is based upon rulings of the Supreme Court. Numerous sections in the United States Code prescribe civil fines, penalties, and pecu- niary forfeitures for violation of certain sections with- out specifying the mode of recovery or enforcement thereof. See, for example, section 567 of title 12, U.S.C., 1940 ed., Banks and Banking, section 64 of title 14, U.S.C., 1940 ed., Coast Guard, and section 180 of title 25, U.S.C., 1940 ed., Indians. Compare section 1 (21) of title 49, U.S.C., 1940 ed., Transportation. A civil fine, penalty, or pecuniary forfeiture is recov- erable in a civil action. United States ex rel. Marcus v. Hess et al., 1943, 63 S.Ct. 379, 317 U.S. 537, 87 L.Ed. 433, rehearing denied 63 S.Ct. 756, 318 U.S. 799, 87 L.Ed. 1163; Hepner v. United States, 1909, 29 S.Ct. 474, 213 U.S. 103, 53 L.Ed. 720, and cases cited therein. Forfeiture of bail bonds in criminal cases are enforce- able by procedure set out in Rule 46 of the Federal Rules of Criminal Procedure. If the statute contemplates a criminal fine, it can only be recovered in a criminal proceeding under the Federal Rules of Criminal Procedure, after a convic- tion. The collection of civil fines and penalties, how- ever, may not be had under the Federal Rules of Crimi- nal Procedure, Rule 54(b)(5), but enforcement of a criminal fine imposed in a criminal case may be had by execution on the judgment rendered in such case, as in civil actions. (See section 569 of title 18, U.S.C., 1940 ed., Crimes and Criminal Procedure, incorporated in sec- tion 3565 of H.R. 1600, 80th Congress, for revision of the Criminal Code. See also Rule 69 of Federal Rules of Civil Procedure and Advisory Committee Note there- under, as to execution in civil actions.) Subsection (b) was drafted to cover the subject of for- feiture of property generally. Sections in the United States Code specifically providing a mode of enforce- ment of forfeiture of property for their violation and other procedural matters will, of course, govern and