HR 1658 RFS
claimant was reasonably without cause to believe that the
property was subject to forfeiture.
‘‘(7) For the purposes of paragraph (6)—
‘‘(A) ways in which a person may show that
such person did all that reasonably can be expected
may include demonstrating that such person, to the
extent permitted by law—
‘‘(i) gave timely notice to an appropriate
law enforcement agency of information that led
the person to know the conduct giving rise to
a forfeiture would occur or has occurred; and
‘‘(ii) in a timely fashion revoked or at-
tempted to revoke permission for those engag-
ing in such conduct to use the property or took
reasonable actions in consultation with a law
enforcement agency to discourage or prevent
the illegal use of the property; and
‘‘(B) in order to do all that can reasonably be
expected, a person is not required to take steps that
the person reasonably believes would be likely to
subject any person (other than the person whose
conduct gave rise to the forfeiture) to physical dan-
ger.
‘‘(8) As used in this subsection:
HR 1658 RFS
‘‘(1) The term ‘civil forfeiture statute’ means
any provision of Federal law (other than the Tariff
Act of 1930 or the Internal Revenue Code of 1986)
providing for the forfeiture of property other than as
a sentence imposed upon conviction of a criminal of-
fense.
‘‘(2) The term ‘owner’ means a person with an
ownership interest in the specific property sought to
be forfeited, including a leasehold, lien, mortgage,
recorded security device, or valid assignment of an
ownership interest. Such term does not include—
‘‘(i) a person with only a general unse-
cured interest in, or claim against, the property
or estate of another;
‘‘(ii) a bailee unless the bailor is identified
and the bailee shows a colorable legitimate in-
terest in the property seized; or
‘‘(iii) a nominee who exercises no dominion
or control over the property.
‘‘(k)(1) A claimant under subsection (j) is entitled to
immediate release of seized property if—
‘‘(A) the claimant has a possessory interest in
the property;
‘‘(B) the continued possession by the United
States Government pending the final disposition of
HR 1658 RFS
forfeiture proceedings will cause substantial hard-
ship to the claimant, such as preventing the func-
tioning of a business, preventing an individual from
working, or leaving an individual homeless; and
‘‘(C) the claimant’s likely hardship from the
continued possession by the United States Govern-
ment of the seized property outweighs the risk that
the property will be destroyed, damaged, lost, con-
cealed, or transferred if it is returned to the claim-
ant during the pendency of the proceeding.
‘‘(2) A claimant seeking release of property under
this subsection must request possession of the property
from the appropriate official, and the request must set
forth the basis on which the requirements of paragraph
(1) are met.
‘‘(3) If within 10 days after the date of the request
the property has not been released, the claimant may file
a motion or complaint in any district court that would
have jurisdiction of forfeiture proceedings relating to the
property setting forth—
‘‘(A) the basis on which the requirements of
paragraph (1) are met; and
‘‘(B) the steps the claimant has taken to secure
release of the property from the appropriate official.
HR 1658 RFS
‘‘(4) If a motion or complaint is filed under para-
graph (3), the district court shall order that the property
be returned to the claimant, pending completion of pro-
ceedings by the United States Government to obtain for-
feiture of the property, if the claimant shows that the re-
quirements of paragraph (1) have been met. The court
may place such conditions on release of the property as
it finds are appropriate to preserve the availability of the
property or its equivalent for forfeiture.
‘‘(5) The district court shall render a decision on a
motion or complaint filed under paragraph (3) no later
than 30 days after the date of the filing, unless such 30-
day limitation is extended by consent of the parties or by
the court for good cause shown.’’; and
(2) by redesignating existing subsection (j) as
subsection (l).
SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED PROP-
ERTY.
(a) TORT CLAIMS ACT.—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 do apply to any claim based
HR 1658 RFS
on the destruction, injury, or loss of goods, merchan-
dise, or other property, while in the possession of
any officer of customs or excise or any other law en-
forcement officer, if the property was seized for the
purpose of forfeiture under any provision of Federal
law (other than the Tariff Act of 1930 or the Inter-
nal Revenue Code of 1986) providing for the for-
feiture of property other than as a sentence imposed
upon conviction of a criminal offense but the interest
of the claimant is not forfeited’’.
(b) DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—With respect to a claim that
cannot be settled under chapter 171 of title 28,
United States Code, the Attorney General may set-
tle, for not more than $50,000 in any case, a claim
for damage to, or loss of, privately owned property
caused by an investigative or law enforcement officer
(as defined in section 2680(h) of title 28, United
States Code) who is employed by the Department of
Justice acting within the scope of his or her employ-
ment.
(2) LIMITATIONS.—The Attorney General may
not pay a claim under paragraph (1) that—
(A) is presented to the Attorney General
more than 1 year after it occurs; or
HR 1658 RFS
(B) is presented by an officer or employee
of the United States Government and arose
within the scope of employment.
SEC. 4. PRE-JUDGMENT AND POST-JUDGMENT INTEREST.
Section 2465 of title 28, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘Upon’’; and
(2) adding at the end the following:
‘‘(b) INTEREST.—
‘‘(1) POST-JUDGMENT.—Upon entry of judg-
ment for the claimant in any proceeding to condemn
or forfeit property seized or arrested under any pro-
vision of Federal law (other than the Tariff Act of
1930 or the Internal Revenue Code of 1986) pro-
viding for the forfeiture of property other than as a
sentence imposed upon conviction of a criminal of-
fense, the United States shall be liable for post-judg-
ment interest as set forth in section 1961 of this
title.
‘‘(2) PRE-JUDGMENT.—The United States shall
not be liable for pre-judgment interest in a pro-
ceeding under any provision of Federal law (other
than the Tariff Act of 1930 or the Internal Revenue
Code of 1986) providing for the forfeiture of prop-
erty other than as a sentence imposed upon convic-