II 

118TH CONGRESS 

2D SESSION S. 5578 

To amend title 18, United States Code, to reform certain forfeiture 

procedures, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18 (legislative day, DECEMBER 16), 2024 

Mr. GRASSLEY (for himself, Mr. CRAPO, Mr. WELCH, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to reform certain 

forfeiture procedures, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Deterring Undue En5 forcement by Protecting Rights Of Citizens from Exces6 sive Searches and Seizures Act of 2024’’ or the ‘‘DUE 

7 PROCESS Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5578 IS

1 SEC. 2. GENERAL RULES FOR CIVIL FORFEITURE PRO2 CEEDINGS. 

3 Section 983(a) of title 18, United States Code, is 

4 amended— 

5 (1) in the subsection heading, by striking 

6 ‘‘COMPLAINT’’ and inserting ‘‘COMPLAINT; INITIAL

7 HEARING’’; 

8 (2) in paragraph (1)— 

9 (A) in subparagraph (A)— 

10 (i) in clause (i)— 

11 (I) by striking ‘‘60 days’’ and in12 serting ‘‘30 days’’; and 

13 (II) by striking ‘‘clauses (ii) 

14 through (v)’’ and inserting ‘‘clauses 

15 (iii) and (iv)’’; 

16 (ii) by striking clause (ii); 

17 (iii) by redesignating clauses (iii) 

18 through (v) as clauses (ii) through (iv), re19 spectively; 

20 (iv) in clause (ii), as so redesig21 nated— 

22 (I) in the matter preceding sub23 clause (I)— 

24 (aa) by striking ‘‘60-day’’ 

25 and inserting ‘‘30-day’’; and 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5578 IS

1 (bb) by striking ‘‘does not 

2 file’’ and all that follows through 

3 ‘‘obtain’’ and inserting ‘‘obtains’’; 

4 and 

5 (II) in subclause (I), by striking 

6 ‘‘60 days’’ and inserting ‘‘30 days’’; 

7 (v) in clause (iii), as so redesignated, 

8 by striking ‘‘90 days’’ and inserting ‘‘60 

9 days’’; 

10 (vi) in clause (iv), as so redesignated, 

11 by striking ‘‘60 days’’ and inserting ‘‘30 

12 days’’; and 

13 (vii) by adding at the end the fol14 lowing: 

15 ‘‘(v) The notice under this subparagraph shall 

16 include an address, which shall also be widely pub17 lished, at which the seizing agency can receive until 

18 5 p.m. on any business day an interested party’s 

19 claim contesting a seizure or forfeiture. The inter20 ested party may send such a claim to that address 

21 by courier or overnight mail. For the purpose of de22 termining compliance with any deadlines in filing 

23 such a claim, an interested party completes the filing 

24 by placing the communication making the claim in 

25 the control of an independent third-party delivery 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5578 IS

1 service such as a courier company or the United 

2 States mail. In determining whether any legal dead3 line for the filing of such a claim has been met, a 

4 court shall allow for the equitable tolling of the 

5 deadline in appropriate cases. 

6 ‘‘(vi) The seizing agency shall make publicly 

7 available for each nonjudicial forfeiture, with respect 

8 to which a request for mitigation or remission is 

9 made, a statement of the agency’s disposition of that 

10 request, redacted if necessary, including the reasons 

11 for the decision.’’; 

12 (B) in subparagraph (C)— 

13 (i) by striking ‘‘60’’ and inserting 

14 ‘‘30’’; and 

15 (ii) by striking ‘‘which period may’’ 

16 and all that follows through ‘‘as nec17 essary,’’; 

18 (C) by adding at the end the following: 

19 ‘‘(G) Any notice described in subparagraph (A) 

20 that is provided to a party shall include notice of— 

21 ‘‘(i) the right of the party to request an 

22 initial hearing in accordance with paragraph 

23 (5); 

24 ‘‘(ii) the right of the party to be rep25 resented by counsel at the initial hearing deVerDate Sep 11 2014 02:13 Jan 25, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5578.IS S5578

ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 5578 IS

1 scribed in clause (i) and any civil forfeiture pro2 ceeding under a civil forfeiture statute; and 

3 ‘‘(iii) the right of the party to request that 

4 the party be represented by counsel at the ini5 tial hearing described in clause (i) and any civil 

6 forfeiture proceeding under a civil forfeiture 

7 statute if the party meets the requirements de8 scribed in subsection (b).’’; and 

9 (D) by striking ‘‘nonjudicial’’ each place 

10 the term appears; 

11 (3) in paragraph (2)— 

12 (A) in subparagraph (A), by striking ‘‘non13 judicial’’; and 

14 (B) in subparagraph (B)— 

15 (i) by striking ‘‘35 days’’ and insert16 ing ‘‘65 days’’; and 

17 (ii) by striking ‘‘30 days’’ and insert18 ing ‘‘60 days’’; 

19 (4) by striking paragraph (3)(A), by striking 

20 subparagraph (A) and inserting the following: 

21 ‘‘(3)(A) Not later than 90 days after a claim has been 

22 filed, the Government shall file a complaint for forfeiture 

23 in the manner set forth in the Supplemental Rules for Cer24 tain Admiralty and Maritime Claims or return the prop25 erty pending the filing of a complaint, except that a court 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 5578 IS

1 in the district in which the complaint has been filed may 

2 extend the period for filing a complaint upon agreement 

3 of the parties.’’; and 

4 (5) by adding at the end the following: 

5 ‘‘(5)(A) A party claiming property seized in a 

6 civil forfeiture proceeding under a civil forfeiture 

7 statute may request, not later than 30 days after the 

8 date on which a notice described in paragraph 

9 (1)(A) is received or if notice is not received, not 

10 later than 30 days after the date of final publication 

11 of notice of seizure, an initial hearing to take place 

12 before a magistrate judge in the appropriate United 

13 States district court not later than the date on 

14 which a civil forfeiture proceeding under a civil for15 feiture statute relating to the seized property com16 mences. 

17 ‘‘(B) If a party makes a request under subpara18 graph (A), a magistrate judge shall conduct an ini19 tial hearing not later than 10 days after the date on 

20 which the request is made. 

21 ‘‘(C) At the initial hearing— 

22 ‘‘(i) the magistrate judge shall— 

23 ‘‘(I) inform the party in easily under24 stood terms of— 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 5578 IS

1 ‘‘(aa) the right of the party to be 

2 represented by counsel at the initial 

3 hearing and any civil forfeiture pro4 ceeding under a civil forfeiture stat5 ute; 

6 ‘‘(bb) the right of the party to re7 quest that the party be represented by 

8 counsel at the initial hearing and any 

9 civil forfeiture proceeding under a civil 

10 forfeiture statute if the magistrate 

11 judge finds that the party meets the 

12 requirements described in subsection 

13 (b); 

14 ‘‘(cc) sufficiently detailed facts 

15 regarding the seizure of the property 

16 if the property was seized pursuant to 

17 a warrant described in the matter pre18 ceding subparagraph (A) of section 

19 981(b)(2); and 

20 ‘‘(dd) the right of the party to 

21 challenge the lawfulness of the seizure 

22 of the property, including on the 

23 grounds that at the time the property 

24 was seized— 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 5578 IS

1 ‘‘(AA) if the property was 

2 seized pursuant to a warrant de3 scribed in the matter preceding 

4 subparagraph (A) of section 

5 981(b)(2), the warrant was not 

6 supported by probable cause; or 

7 ‘‘(BB) if the property was 

8 seized without a warrant de9 scribed in subitem (AA), none of 

10 the exceptions described in sub11 paragraphs (A) and (B) of sec12 tion 981(b)(2) apply to the sei13 zure of the property; and 

14 ‘‘(II) if the party meets the require15 ments described in subsection (b), author16 ize counsel to represent the party or insure 

17 that the party is represented by an attor18 ney for the Legal Services Corporation, as 

19 applicable, in accordance with that sub20 section; and 

21 ‘‘(ii) the burden of proof is on the Govern22 ment to establish that at the time the property 

23 was seized— 

24 ‘‘(I) if the property was seized pursu25 ant to a warrant described in the matter 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 5578 IS

1 preceding subparagraph (A) of section 

2 981(b)(2), the warrant was supported by 

3 probable cause; or 

4 ‘‘(II) if the property was seized with5 out a warrant described in subclause (I)— 

6 ‘‘(aa) sufficiently detailed facts 

7 regarding the seizure of the property; 

8 and 

9 ‘‘(bb) an exception described in 

10 subparagraph (A) or (B) of section 

11 981(b)(2) applies to the seizure of the 

12 property. 

13 ‘‘(D) The magistrate judge shall enter an order 

14 for the immediate release of the seized property with 

15 prejudice to the right of the Government to com16 mence a civil forfeiture proceeding at a later time if 

17 the magistrate judge finds that— 

18 ‘‘(i) the requirements described in subpara19 graphs (A) through (E) of subsection (f)(1) are 

20 met; and 

21 ‘‘(ii) the Government did not meet the bur22 den of proof described in subparagraph 

23 (C)(ii).’’. 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 5578 IS

1 SEC. 3. REPRESENTATION. 

2 Section 983(b) of title 18, United States Code, is 

3 amended— 

4 (1) in paragraph (1)(A), by striking ‘‘judicial’’; 

5 and 

6 (2) in paragraph (2)(A), by striking ‘‘judicial 

7 civil forfeiture proceeding under a civil forfeiture 

8 statute is financially unable to obtain representation 

9 by counsel, and the property subject to forfeiture is 

10 real property that is being used by the person as a 

11 primary residence’’ and inserting ‘‘civil forfeiture 

12 proceeding under a civil forfeiture statute is finan13 cially unable to obtain representation by counsel’’. 

14 SEC. 4. BURDEN OF PROOF. 

15 Section 983(c) of title 18, United States Code, is 

16 amended— 

17 (1) in paragraph (1), by striking ‘‘a preponder18 ance of the evidence’’ and inserting ‘‘clear and con19 vincing evidence’’; and 

20 (2) in paragraph (2), by striking ‘‘a preponder21 ance of the evidence’’ and inserting ‘‘clear and con22 vincing evidence’’. 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 5578 IS

1 SEC. 5. RIGHT TO REQUEST HEARING ON PRETRIAL RE2 STRAINT OF PROPERTY TO RETAIN COUNSEL 

3 OF CHOICE. 

4 (a) TITLE 18.—Section 1963 of title 18, United 

5 States Code, is amended— 

6 (1) by striking subsection (d)(1) and inserting 

7 the following: 

8 ‘‘(d)(1)(A) Upon application of the United States, the 

9 court may enter a restraining order or injunction, require 

10 the execution of a satisfactory performance bond, or take 

11 any other action to preserve the availability of property 

12 described in subsection (a) for forfeiture under this sec13 tion— 

14 ‘‘(i) upon the filing of an indictment or infor15 mation charging a violation of section 1962 and al16 leging that the property with respect to which the 

17 order is sought would, in the event of conviction, be 

18 subject to forfeiture under this section; or 

19 ‘‘(ii) prior to the filing of such an indictment or 

20 information, if, after notice to persons appearing to 

21 have an interest in the property and opportunity for 

22 a hearing, the court determines that— 

23 ‘‘(I) there is a substantial probability that 

24 the United States will prevail on the issue of 

25 forfeiture and that failure to enter the order 

26 will result in the property being destroyed, reVerDate Sep 11 2014 02:13 Jan 25, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5578.IS S5578

ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 5578 IS

1 moved from the jurisdiction of the court, or 

2 otherwise made unavailable for forfeiture; and 

3 ‘‘(II) the need to preserve the availability 

4 of the property through the entry of the re5 quested order outweighs the hardship on any 

6 party against whom the order is to be entered. 

7 ‘‘(B)(i) Upon motion of a defendant charged with a 

8 violation of section 1962 for which criminal forfeiture may 

9 be ordered under this section, supported by an affidavit, 

10 the court shall hold a hearing to determine whether to 

11 modify or rescind, in whole or in part, an order entered 

12 under subparagraph (A) to allow the defendant to use the 

13 property subject to the order to retain counsel of choice. 

14 ‘‘(ii) At the hearing, the court shall consider— 

15 ‘‘(I) the weight of the evidence against the de16 fendant with respect to the violation of section 1962 

17 for which criminal forfeiture may be ordered under 

18 this section; 

19 ‘‘(II) the weight of the evidence with respect to 

20 whether the property will be subject to forfeiture 

21 under this section; 

22 ‘‘(III) the history and characteristics of the de23 fendant; and 

24 ‘‘(IV) the nature and circumstances of the case. 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 5578 IS

1 ‘‘(C) An order entered pursuant to subparagraph 

2 (A)(ii) shall be effective for not more than 90 days, un3 less— 

4 ‘‘(i) extended by the court for good cause 

5 shown; or 

6 ‘‘(ii) an indictment or information described in 

7 subparagraph (A)(i) has been filed.’’; and 

8 (2) in subsection (d)(2), by inserting ‘‘that the 

9 defendant committed a violation of section 1962 for 

10 which criminal forfeiture may be ordered under this 

11 section and probable cause to believe’’ after ‘‘be12 lieve’’. 

13 (b) CONTROLLED SUBSTANCES ACT.—Section 413 of 

14 the Controlled Substances Act (21 U.S.C. 853) is amend15 ed— 

16 (1) by striking subsection (e)(1) and inserting 

17 the following: 

18 ‘‘(e)(1)(A) Upon application of the United States, the 

19 court may enter a restraining order or injunction, require 

20 the execution of a satisfactory performance bond, or take 

21 any other action to preserve the availability of property 

22 described in subsection (a) for forfeiture under this sec23 tion— 

24 ‘‘(i) upon the filing of an indictment or infor25 mation charging a violation of this title or title III 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•S 5578 IS

1 for which criminal forfeiture may be ordered under 

2 this section and alleging that the property with re3 spect to which the order is sought would, in the 

4 event of conviction, be subject to forfeiture under 

5 this section; or 

6 ‘‘(ii) prior to the filing of such an indictment or 

7 information, if, after notice to persons appearing to 

8 have an interest in the property and opportunity for 

9 a hearing, the court determines that— 

10 ‘‘(I) there is a substantial probability that 

11 the United States will prevail on the issue of 

12 forfeiture and that failure to enter the order 

13 will result in the property being destroyed, re14 moved from the jurisdiction of the court, or 

15 otherwise made unavailable for forfeiture; and 

16 ‘‘(II) the need to preserve the availability 

17 of the property through the entry of the re18 quested order outweighs the hardship on any 

19 party against whom the order is to be entered. 

20 ‘‘(B)(i) Upon motion of a defendant charged with a 

21 violation of section 401 for which criminal forfeiture is or22 dered under this section, supported by an affidavit suffi23 cient to demonstrate a genuine need for the defendant to 

24 use the property subject to an order entered under sub25 paragraph (A) to retain counsel of choice, the court shall 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•S 5578 IS

1 hold a hearing to determine whether to modify or rescind, 

2 in whole or in part, the order to allow the defendant to 

3 use the property to retain counsel of choice. 

4 ‘‘(ii) At the hearing, the court shall consider— 

5 ‘‘(I) the weight of the evidence against the de6 fendant with respect to the violation of this title or 

7 title III for which criminal forfeiture may be ordered 

8 under this section; 

9 ‘‘(II) the weight of the evidence with respect to 

10 whether the property is subject to forfeiture under 

11 this section; 

12 ‘‘(III) the history and characteristics of the de13 fendant; and 

14 ‘‘(IV) the nature and circumstances of the case. 

15 ‘‘(C) An order entered pursuant to subparagraph 

16 (A)(ii) shall be effective for not more than 90 days, un17 less— 

18 ‘‘(i) extended by the court for good cause 

19 shown; or 

20 ‘‘(ii) an indictment or information described in 

21 subparagraph (A)(i) has been filed.’’; and 

22 (2) in subsection (e)(2), by inserting ‘‘that the 

23 defendant committed a violation of this title or title 

24 III for which criminal forfeiture may be ordered 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•S 5578 IS

1 under this section and probable cause to believe’’ 

2 after ‘‘believe’’. 

3 SEC. 6. RECOVERY OF ATTORNEYS FEES. 

4 Section 2465(b) of title 28, United States Code, is 

5 amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by striking ‘‘substantially’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) If the claim is resolved by a settlement in which 

10 the claimant prevails, the claimant is entitled to attorneys 

11 fees under this subsection to the same extent that the 

12 claimant would be if a judgment were issued in the pro13 ceeding for the property recovered under the settlement. 

14 The payment of attorneys fees under this subsection may 

15 not be waived as a part of any settlement with the claim16 ant. That payment is not subject to any offset or deduc17 tion by the United States in connection with any claim 

18 the United States may have against the claimant. 

19 ‘‘(4) For the purposes of this subsection, a claimant 

20 prevails if the claimant recovers more than 50 percent, 

21 by value, of the money or other property that is claimed.’’. 

22 SEC. 7. ANNUAL AUDIT OF CIVIL FORFEITURES. 

23 (a) IN GENERAL.—The Inspector General of the De24 partment of Justice shall annually conduct an audit of a 

25 representative sample of Federal civil forfeitures under 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•S 5578 IS

1 statutes described in section 983(i) of title 18, United 

2 States Code, to ensure those forfeitures comply with the 

3 Constitution of the United States and all other applicable 

4 Federal laws. 

5 (b) REPORT.—The Inspector General of the Depart6 ment of Justice shall submit to the Attorney General and 

7 to Congress a report on the results of the audit required 

8 under subsection (a), which shall include the fiscal status 

9 of the Department of Justice Assets Forfeiture Fund and 

10 Treasury Forfeiture Fund, including any projected growth 

11 or reduction of amounts in the funds in future years, and 

12 the viability of the funds. 

13 SEC. 8. PUBLICLY AVAILABLE DATABASES. 

14 (a) QUARTERLY UPDATED DATABASE ON DETAILS

15 OF FORFEITURES.—The Attorney General shall establish 

16 and maintain, with updates on a quarterly basis, a publicly 

17 available database that describes with respect to seizures 

18 for all Federal civil forfeiture containing the following: 

19 (1) For each such seizure: 

20 (A) Unit of an agency responsible for the 

21 seizure, and the location, including at a min22 imum the State, city, and judicial district where 

23 and date when the seizure took place. 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•S 5578 IS

1 (B) The type of initial seizure (such as 

2 during a stop based on probable cause, or pur3 suant to a Federal warrant). 

4 (C) The nature and value of the seized 

5 property. 

6 (D) In what manner forfeiture of seized 

7 property was conducted (whether by a civil or 

8 administrative proceeding, through settlement, 

9 or otherwise). 

10 (E) Whether a forfeiture of the seized 

11 property was of the entire property, or only a 

12 part, and if partial, the proportion of the whole 

13 that was forfeited. 

14 (F) The disposition of the seized property, 

15 the date of forfeiture, if any, and the date the 

16 disposition took place. 

17 (G) What type of criminal activity any for18 feited property relates to. 

19 (H) Whether any forfeited money was re20 turned to the victim of a crime in connection 

21 with which the forfeiture occurred, and the 

22 amount returned. 

23 (I) The status of any concurrent or related 

24 criminal proceeding against the owner of the 

25 property, any pending case under title 11, 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•S 5578 IS

1 United States Code, in which the owner of 

2 record of the property is the debtor, and any 

3 pending civil case in which a receiver has been 

4 ordered to take control of the property. 

5 (J) Whether the forfeiture was contested. 

6 (K) Whether the innocent owner made a 

7 claim on the property. 

8 (L) The total expenses associated with the 

9 forfeiture. 

10 (M) The total net proceeds of the for11 feiture. 

12 (N) Demographic information on the per13 son or persons subject to the seizure. 

14 (2) A statistical breakdown for each agency of 

15 the cases of remission and mitigation, including— 

16 (A) the number of requests for remission 

17 and mitigation that were— 

18 (i) fully granted; 

19 (ii) partially granted; or 

20 (iii) returned; and 

21 (B) with respect to requests that were par22 tially granted— 

23 (i) the average percentage of the value 

24 of seized property that was returned to the 

25 owner; and 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•S 5578 IS

1 (ii) what percentage of requests re2 sulted in— 

3 (I) less than 25 percent of the 

4 property returned; 

5 (II) not less than 25 percent and 

6 less than 50 percent of the property 

7 returned; 

8 (III) not less than 50 percent 

9 and less than 75 percent of the prop10 erty returned; and 

11 (IV) not less than 75 percent of 

12 the property returned. 

13 (3) Any money given from the Department of 

14 Justice Asset Forfeiture Fund or Treasury For15 feiture Fund to State or local law enforcement for 

16 joint law enforcement operations funding, or for any 

17 other purpose, and the name of the State or local 

18 entity receiving that funding. 

19 (b) REAL-TIME DATABASE TO ASSIST PERSONS

20 WHOSE PROPERTY IS SEIZED.— 

21 (1) ESTABLISHMENT.—The Attorney General 

22 shall establish and maintain, with updates on a real23 time basis, a database, organized by State and coun24 ty, with respect to each Federal seizure of real and 

25 personal property for Federal civil forfeiture under 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•S 5578 IS

1 statutes described in section 983(i) of title 18, 

2 United States Code. 

3 (2) DESIGN.—The Attorney General shall de4 sign the database to allow any interested party, in5 cluding any owner, creditor, or lienholder, to deter6 mine whether that party has an interest in any such 

7 property and to inform that party, and the general 

8 public, on the specifics of how to contest each sei9 zure before the forfeiture. 

10 (c) HEADS OF AGENCIES TO SUBMIT INFORMATION

11 FOR DATABASES.—Not less frequently than quarterly, on 

12 a schedule determined by the Attorney General, the head 

13 of each Federal agency shall submit to the Attorney Gen14 eral a report that provides, in such form as the Attorney 

15 General may prescribe, the information the Attorney Gen16 eral is required to include in the databases established 

17 under this section. 

18 SEC. 9. STANDARD OF PROOF RELATING TO POSSIBLY IN19 NOCENT OWNERS. 

20 (a) BURDEN OF PROOF.—Section 983(c) of title 18, 

21 United States Code, is amended by striking paragraph (3) 

22 and inserting the following: 

23 ‘‘(3) if the Government’s theory of forfeiture is 

24 that the property was used to commit or facilitate 

25 the commission of a criminal offense, or was inVerDate Sep 11 2014 02:13 Jan 25, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S5578.IS S5578

ssavage on LAPJG3WLY3PROD with BILLS
22 

•S 5578 IS

1 volved in the commission of a criminal offense, the 

2 Government shall establish by clear and convincing 

3 evidence that— 

4 ‘‘(A) there was a substantial connection 

5 between the property and the offense; and 

6 ‘‘(B) the owner of any interest in the 

7 seized property— 

8 ‘‘(i) intentionally used the property in 

9 connection with the offense; 

10 ‘‘(ii) knowingly consented to the use 

11 of the property by another in connection 

12 with the offense; or 

13 ‘‘(iii) knew that the property was 

14 being used in connection with the of15 fense.’’. 

16 (b) INNOCENT OWNER DEFENSE.—Section 983(d) of 

17 title 18, United States Code, is amended— 

18 (1) by striking paragraph (1) and inserting the 

19 following: 

20 ‘‘(1) An innocent owner’s interest in property 

21 shall not be forfeited under any civil forfeiture stat22 ute. The Government shall have the burden of prov23 ing that the claimant is not an innocent owner by 

24 clear and convincing evidence.’’; and 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•S 5578 IS

1 (2) in paragraph (2)(A)(i), by inserting ‘‘or 

2 consent to’’ after ‘‘know of’’. 

3 SEC. 10. PROPORTIONALITY. 

4 Section 983(g) of title 18, United States Code, is 

5 amended— 

6 (1) in paragraph (1), by inserting ‘‘or otherwise 

7 disproportional to the gravity of the offense’’ before 

8 the period at the end; and 

9 (2) by striking paragraph (2) and inserting the 

10 following: 

11 ‘‘(2) In making this determination, the court 

12 shall consider, in addition to the analysis as to 

13 whether the forfeiture is constitutionally excessive, 

14 the value of the property, the seriousness of the of15 fense, the level of the claimant’s culpability in the 

16 offense giving rise to forfeiture, the claimant’s prior 

17 record, the claimant’s financial condition, and 

18 whether the forfeiture statute is intended to address 

19 the type of conduct alleged as the basis for for20 feiture.’’. 

21 SEC. 11. SEARCH AND FORFEITURE OF MONETARY INSTRU22 MENTS. 

23 Section 5317(c) of title 31, United States Code, is 

24 amended by striking paragraph (2) and inserting the fol25 lowing: 


ssavage on LAPJG3WLY3PROD with BILLS
24 

•S 5578 IS

1 ‘‘(2) CIVIL FORFEITURE.— 

2 ‘‘(A) IN GENERAL.—Any property involved 

3 in a violation of section 5313 or 5316, or any 

4 conspiracy to commit any such violation, and 

5 any property traceable to any such violation or 

6 conspiracy, may be seized and forfeited to the 

7 United States in accordance with the proce8 dures governing civil forfeitures in money laun9 dering cases pursuant to section 981(a)(1)(A) 

10 of title 18. 

11 ‘‘(B) STRUCTURING.—Any property in12 volved in a violation of section 5324, or any 

13 conspiracy to commit any such violation, and 

14 any property traceable to any such violation or 

15 conspiracy, may be seized and forfeited to the 

16 United States in accordance with the proce17 dures governing civil forfeitures in money laun18 dering cases pursuant to section 981(a)(1)(A) 

19 of title 18 only if the property to be seized and 

20 forfeited is derived from an illegal source or if 

21 the structuring offense was used to conceal vio22 lations of other criminal laws.’’. 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•S 5578 IS

1 SEC. 12. APPLICABILITY. 

2 This Act and the amendments made by this Act shall 

3 apply only with respect to seizures made on or after the 

4 date of enactment of this Act. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS