II

103D CONGRESS

1ST SESSION S. 1655

To reform certain statutes regarding civil asset forfeiture.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10 (legislative day, NOVEMBER 2), 1993

Mr. JEFFORDS introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To reform certain statutes regarding civil asset forfeiture.

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 ‘‘Civil Asset Forfeiture

5 Reform Act’’.

6 SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION

7 UNDER THE TORT CLAIMS PROCEDURES.

8 Section 2680(c) of title 28, United States Code, is

9 amended by striking ‘‘law-enforcement officer’’ and insert10 ing ‘‘law enforcement officer, except that this chapter and

11 section 1346(b) shall apply to a claim based on the neg12 ligent destruction, injury, or loss of goods or merchandise
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1 (including real property) while in the possession of an offi2 cer of customs or excise or any other law enforcement

3 officer’’.

4 SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN

5 IN REM PROCEEDINGS.

6 Rule C(6) of the Supplemental Rules for Certain Ad7 miralty and Maritime Claims to the Federal Rules of Civil

8 Procedures (28 U.S.C. App.) is amended by striking ‘‘10

9 days’’ and inserting ‘‘60 days’’.

10 SEC. 4. CLAIM AFTER SEIZURE.

11 Section 608 of the Tariff Act of 1930 (19 U.S.C.

12 1608) is amended to read as follows:

13 ‘‘SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) FILING OF CLAIM.—At any time within 60

16 days after the date on which a notice of seizure is

17 first published, a person who claims a vessel, vehicle,

18 aircraft, merchandise, or baggage seized under a law

19 described in section 605 may file with the appro20 priate customs officer a claim stating the person’s

21 interest in the property.

22 ‘‘(2) CONDEMNATION.—On filing of a claim

23 under paragraph (1), the customs officer shall trans24 mit the claim, with a duplicate list and description

25 of the articles seized, to the United States attorney
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1 for the district in which the seizure was made, who

2 shall proceed to a condemnation of the merchandise

3 or other property in the manner prescribed by law.

4 ‘‘(b) COURT-APPOINTED COUNSEL.—

5 ‘‘(1) IN GENERAL.—If a person filing a claim

6 under subsection (a), or a claim regarding property

7 seized under another law that incorporates by ref8 erence the seizure, forfeiture, and condemnation pro9 cedures of the customs laws, is financially unable to

10 obtain representation of counsel, the court may ap11 point appropriate counsel to represent the person

12 with respect to the claim.

13 ‘‘(2) COMPENSATION.—(A) The court shall set

14 the compensation for counsel appointed under para15 graph (1) in an amount that is equivalent to that

16 provided for counsel appointed under section 3006A

17 of title 18, United States Code.

18 ‘‘(B) Compensation of counsel appointed under

19 paragraph (1) shall be paid from the Justice Assets

20 Forfeiture Fund established under section 524 of

21 title 28, United States Code.’’.

22 SEC. 5. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.

23 Section 615 of the Tariff Act of 1930 (19 U.S.C.

24 1615) is amended to read as follows:
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1 ‘‘SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEED2 INGS.

3 ‘‘(a) IN GENERAL.—In a suit or action described in

4 subsection (b), the burden of proof is on the Government

5 to establish by clear and convincing evidence that the

6 property is subject to forfeiture.

7 ‘‘(b) SUITS AND ACTIONS DESCRIBED.—A suit or ac8 tion is described in this subsection if it is—

9 ‘‘(1) a suit or action (other than a suit or ac10 tion arising under section 592) brought for the for11 feiture of a vessel, vehicle, aircraft, merchandise, or

12 baggage seized under any law relating to the collec13 tion of duties on imports or tonnage; or

14 ‘‘(2) a suit or action brought for the recovery

15 of the value of any vessel, vehicle, aircraft, merchan16 dise, or baggage, because of a violation of that law.’’.

17 SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL

18 HARDSHIP.

19 Section 614 of the Tariff Act of 1930 (19 U.S.C.

20 1614) is amended—

21 (1) by inserting ‘‘(a) RELEASE UPON PAY22 MENT.—’’ before ‘‘If’’; and

23 (2) by adding at the end the following new sub24 section:

25 ‘‘(b) RELEASE OF SEIZED PROPERTY FOR SUBSTAN26 TIAL HARDSHIP.—
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1 ‘‘(1) REQUEST FOR RELEASE.—(A) A claimant

2 is entitled to immediate release of seized property if

3 continued possession by the Government would cause

4 the claimant substantial hardship.

5 ‘‘(B) A claimant seeking release of property

6 under this subsection shall—

7 ‘‘(i) request possession of the property

8 from the appropriate customs officer; and

9 ‘‘(ii) state in the request the basis for such

10 release.

11 ‘‘(2) CIVIL ACTION.—(A) If, within 10 days

12 after the date on which a request is made under

13 paragraph (1), the subject property has not been re14 leased, the claimant may file a complaint in any dis15 trict court that would have jurisdiction over forfeit16 ure proceedings relating to the property.

17 ‘‘(B) A complaint under subparagraph (B) shall

18 state—

19 ‘‘(i) the nature of the claim to the seized

20 property;

21 ‘‘(ii) the reason why the continued posses22 sion by the United States Government pending

23 the final disposition of forfeiture proceedings

24 will cause substantial hardship to the claimant;

25 and
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1 ‘‘(iii) the steps that the claimant has taken

2 to secure release of the property from the ap3 propriate customs officer.

4 ‘‘(3) RETURN OF PROPERTY.—If a complaint is

5 filed under paragraph (2), the district court shall

6 order that the property be returned to the claimant,

7 pending completion of proceedings by the United

8 States Government to obtain forfeiture of the prop9 erty, if the claimant shows that—

10 ‘‘(A) the claimant is likely to demonstrate

11 a possessory interest in the seized property; and

12 ‘‘(B) continued possession by the United

13 States Government of the seized property is

14 likely to cause substantial hardship to the

15 claimant.

16 ‘‘(4) CONDITIONS.—The court may place such

17 conditions on release of the property as the court

18 finds are appropriate to preserve the availability of

19 the property or its equivalent for forfeiture.

20 ‘‘(5) TIME FOR DECISION.—The district court

21 shall render a decision on a complaint filed under

22 paragraph (2) no later than 30 days after the date

23 of the filing, unless such 30-day limitation is ex24 tended by consent of the parties or by the court for

25 good cause shown.’’.
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1 SEC. 7. JUSTICE ASSETS FORFEITURE FUND.

2 Section 524(c) of title 28, United States Code, is

3 amended—

4 (1) in paragraph (1)—

5 (A) in the matter preceding subparagraph

6 (A) by striking ‘‘law enforcement’’;

7 (B) by redesignating subparagraphs (H)

8 and (I) as subparagraphs (I) and (J), respec9 tively; and

10 (C) by inserting after subparagraph (G)

11 the following new subparagraph:

12 ‘‘(H) payment of court-awarded compensation

13 for representation of claimants pursuant to section

14 608(b) of the Tariff Act of 1930;’’; and

15 (2) in paragraph (9)(A), by striking ‘‘(H)’’ and

16 inserting ‘‘(I)’’.

17 SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER

18 THE CONTROLLED SUBSTANCES ACT.

19 Section 511(a)(7) of the Controlled Substances Act

20 (21 U.S.C. 881(a)(7)) is amended by striking ‘‘without the

21 knowledge or consent of that owner’’ and inserting ‘‘either

22 without the knowledge of that owner or without the con23 sent of that owner’’.

24 SEC. 9. APPLICABILITY.

25 The amendments made by this Act apply with respect

26 to claims filed under section 608 of the Tariff Act of 1930
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1 and suits and actions filed under section 615 of that Act

2 on or after the date of enactment of this Act.

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