I
104TH CONGRESS
1ST SESSION
H. R. 1916
To reform certain statutes regarding civil asset forfeiture.
IN THE HOUSE OF REPRESENTATIVES
JUNE 22, 1995
Mr. HYDE introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To reform certain statutes regarding civil asset forfeiture.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Civil Asset Forfeiture
Reform Act’’.
SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION
UNDER THE TORT CLAIMS PROCEDURES.
Section 2680(c) of title 28, United States Code, is
amended—
(1) by striking ‘‘law-enforcement’’ and inserting
‘‘law enforcement’’; and
(2) by inserting before the period the following:
‘‘, except that the provisions of this chapter and sec-
tion 1346(b) of this title shall apply to any claim
based on the negligent destruction, injury, or loss of
goods or merchandise (including real property) while
in the possession of any officer of customs or excise
or any other law enforcement officer’’.
SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN
IN REM PROCEEDINGS.
Paragraph (6) of Rule C of the Supplemental Rules
for Certain Admiralty and Maritime Claims to the Federal
Rules of Civil Procedure (28 U.S.C. Appendix) is amended
by striking ‘‘10 days’’ and inserting ‘‘30 days’’.
SEC. 4. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.
Section 615 of the Tariff Act of 1930 (19 U.S.C.
1615) is amended to read as follows:
‘‘SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEED-
INGS.
‘‘In—
‘‘(1) all suits or actions (other than those aris-
ing under section 592) brought for the forfeiture of
any vessel, vehicle, aircraft, merchandise, or baggage
seized under the provisions of any law relating to the
collection of duties on imports or tonnage; and
‘‘(2) in all suits or actions brought for the re-
covery of the value of any vessel, vehicle, aircraft,
merchandise, or baggage, because of violation of any
such law;
the burden of proof is on the United States Government
to establish, by clear and convincing evidence, that the
property was subject to forfeiture.’’.
SEC. 5. CLAIM AFTER SEIZURE.
Section 608 of the Tariff Act of 1930 (19 U.S.C.
1608) is amended to read as follows:
‘‘SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.
‘‘(a) IN GENERAL.—Any person claiming such vessel,
vehicle, aircraft, merchandise, or baggage may at any time
within 30 days from the date of the first publication of
the notice of seizure file with the appropriate customs offi-
cer a claim stating his interest therein. Upon the filing
of such claim, the customs officer shall transmit such
claim, with a duplicate list and description of the articles
seized, to the United States attorney for the district in
which seizure was made, who shall proceed to a condemna-
tion of the merchandise or other property in the manner
prescribed by law.
‘‘(b) COURT-APPOINTED REPRESENTATION.—If the
person filing a claim under subsection (a), or a claim re-
garding seized property under any other provision of law
that incorporates by reference the seizure, forfeiture, and
condemnation procedures of the customs laws, is finan-
cially unable to obtain representation of counsel, the court
may appoint appropriate counsel to represent that person
with respect to the claim. The court shall set the com-
pensation for that representation, which shall—
‘‘(1) be equivalent to that provided for court-ap-
pointed representation under section 3006A of title
18, United States Code, and
‘‘(2) be paid from the Justice Assets Forfeiture
Fund established under section 524 of title 28, Unit-
ed States Code.’’.
SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL
HARDSHIP.
Section 614 of the Tariff Act of 1930 (19 U.S.C.
1614) is amended—
(1) by inserting before the first word in the sec-
tion the following: ‘‘(a) RELEASE
UPON
PAY-
MENT.—’’; and
(2) by adding at the end the following:
‘‘(b) RELEASE OF SEIZED PROPERTY FOR SUBSTAN-
TIAL HARDSHIP.—
‘‘(1) REQUEST FOR RELEASE.—A claimant is
entitled to immediate release of seized property if
continued possession by the United States Govern-
ment would cause the claimant substantial hardship,
such as preventing the functioning of a business,
preventing an individual from working, or leaving an
individual homeless. A claimant seeking release of
property under this subsection must request posses-
sion of the property from the appropriate customs
officer, and the request must set forth the basis
therefor. If within 10 days after the date of the re-
quest the property has not been released, the claim-
ant may file a complaint in any district court that
would have jurisdiction of forfeiture proceedings re-
lating to the property setting forth—
‘‘(A) the nature of the claim to the seized
property;
‘‘(B) the reason why the continued posses-
sion by the United States Government pending
the final disposition of forfeiture proceedings
will cause substantial hardship to the claimant;
and
‘‘(C) the steps the claimant has taken to
secure release of the property from the appro-
priate customs officer.