I
105TH CONGRESS
1ST SESSION
H. R. 1745
To reform asset forfeiture laws.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mr. SCHUMER introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned
A BILL
To reform asset forfeiture laws.
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 Forfeiture Act of 1997.
SEC. 2. TABLE OF CONTENTS.
TITLE I—ADMINISTRATIVE FORFEITURES
Sec. 101. Time for filing claim; waiver of cost bond.
Sec. 102. Jurisdiction and venue.
Sec. 103. Judicial review of administrative forfeitures.
Sec. 104. Judicial forfeiture of real property.
Sec. 105. Preservation of arrested real property.
Sec. 106. Amendment to Federal Tort Claims Act exceptions.
Sec. 107. Prejudgment interest.
Sec. 108. Seizure warrant requirement.
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TITLE II—JUDICIAL FORFEITURES
Sec. 201. Trial procedure for civil forfeiture.
Sec. 202. Uniform innocent owner defense.
Sec. 203. Stay of civil forfeiture case.
Sec. 204. Application of forfeiture procedures.
Sec. 205. Civil investigative demands.
Sec. 206. Access to records in bank secrecy jurisdictions.
Sec. 207. Access to other records.
Sec. 208. Disclosure of grand jury information to Federal prosecutors.
Sec. 209. Currency forfeitures.
TITLE III—PROPERTY SUBJECT TO FORFEITURE
Sec. 301. Forfeiture of proceeds of Federal offenses.
Sec. 302. Uniform definition of proceeds.
Sec. 303. Forfeiture of firearms used in crimes of violence and felonies.
Sec. 304. Forfeiture of proceeds traceable to facilitating property in drug cases.
Sec. 305. Forfeiture for alien smuggling.
Sec. 306. Forfeiture of proceeds of certain foreign crimes.
Sec. 307. Forfeiture of property used to facilitate foreign drug crimes.
Sec. 308. Forfeiture for violations of sections 6050I and 1960.
Sec. 309. Criminal forfeiture for money laundering conspiracies.
Sec. 310. Archeological Resources Protection Act.
Sec. 311. Forfeiture of the instrumentalities of terrorism, telemarketing fraud
and other offenses.
Sec. 312. Forfeiture of vehicles used for gun running.
Sec. 313. Forfeiture of criminal proceeds transported in interstate commerce.
Sec. 314. Forfeiture of proceeds of Federal Food, Drug, and Cosmetic Act vio-
lations.
Sec. 315. Forfeiture for food stamp fraud.
Sec. 316. Forfeiture for odometer tampering offenses.
TITLE IV—MISCELLANEOUS FORFEITURE AMENDMENTS
Sec. 401. Use of forfeited funds to pay restitution to crime victims and regu-
latory agencies.
Sec. 402. Enforcement of foreign forfeiture judgment.
Sec. 403. Minor and technical amendments relating to 1992 Forfeiture Amend-
ments.
Sec. 404. Civil forfeiture of coins and currency in confiscated gambling devices.
Sec. 405. Drug paraphernalia technical amendments.
Sec. 406. Authorization to share forfeited property with cooperating foreign
governments.
Sec. 407. Forfeiture of counterfeit paraphernalia.
Sec. 408. Closing of loophole to defeat forfeiture through bankruptcy.
Sec. 409. Statute of limitations for civil forfeiture actions.
Sec. 410. Assets forfeiture fund and property disposition.
Sec. 411. Clarification of 21 U.S.C. 877.
Sec. 412. Certificate of reasonable cause.
Sec. 413. Conforming Treasury and Justice funds.
Sec. 414. Disposition of property forfeited under Customs laws.
Sec. 415. Technical amendments relating to obliterated motor vehicle identifica-
tion numbers.
Sec. 416. Fugitive disentitlement.
Sec. 417. Admissibility of foreign business records.
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Sec. 418. Destruction or removal of property to prevent seizure.
Sec. 419. Prospective application.
TITLE V—CRIMINAL FORFEITURE
Sec. 501. Uniform procedures for criminal forfeiture.
Sec. 502. Use of criminal forfeiture as an alternative to civil forfeiture.
Sec. 503. Federal Rules of Criminal Procedure.
Sec. 504. Pretrial restraint of substitute assets.
Sec. 505. Repatriation of property placed beyond the jurisdiction of the court.
Sec. 506. Hearings on Pretrial restraining orders; assets needed to pay attor-
neys fees.
Sec. 507. Criminal seizure warrants.
Sec. 508. Standard of proof for criminal forfeiture.
Sec. 509. Discovery procedure for locating forfeited assets.
Sec. 510. Collection of criminal forfeiture judgment.
Sec. 511. Appeals in criminal forfeiture cases.
Sec. 512. Nonabatement of forfeiture when defendant dies pending appeal.
Sec. 513. Standing of third parties to contest criminal forfeiture orders.
Sec. 514. Motion and discovery procedures for ancillary hearings.
Sec. 515. Intervention by the defendant in the ancillary proceeding.
Sec. 516. In personam judgments.
Sec. 517. Right of third parties to contest forfeiture of substitute assets.
Sec. 518. Forfeitable property transferred to third parties.
Sec. 519. Forfeiture of third party interests in criminal cases.
Sec. 520. Severance of jointly held property.
Sec. 521. Victim restitution.
Sec. 522. Delivery of property to the Marshals Service.
TITLE I—ADMINISTRATIVE FORFEITURES
SEC. 101. TIME FOR FILING CLAIM; WAIVER OF COST BOND.
(a) IN GENERAL.—Section 608 of the Tariff Act of
1930 (19 U.S.C. 1608) is amended to read as follows:
‘‘§ 608. Seizures; claims; judicial condemnation
‘‘(a) Any person claiming seized property may file a
claim with the appropriate customs officer at any time
after the seizure: Provided, That such claim must be filed
not later than 30 days after the final publication of notice
of seizure. The claim shall be signed by the claimant under
penalty of perjury and shall contain a brief statement of