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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Entrepreneur and 
Microenterprise Assistance Act''.

SEC. 2. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.

    Subtitle D of the Consolidated Farm and Rural Development Act is 
amended by inserting after section 364 (7 U.S.C. 2006f) the following:

``SEC. 365. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Economically disadvantaged microentrepreneur.--The 
        term `economically disadvantaged microentrepreneur' means an 
        owner, majority owner, or developer of a microenterprise that 
        has the ability to compete in the private sector but has been 
        impaired because of diminished capital and credit 
        opportunities, as compared to other microentrepreneurs in the 
        industry.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Intermediary.--The term `intermediary' means a 
        private, nonprofit entity that provides assistance--
                    ``(A) to a microenterprise development 
                organization; or
                    ``(B) for a microenterprise development program.
            ``(4) Low-income individual.--The term low-income 
        individual means an individual with an income (adjusted for 
        family size) of not more than the greatest of--
                    ``(A) 80 percent of median income of an area;
                    ``(B) 80 percent of the statewide non-metropolitan 
                area median income; or
                    ``(C) 80 percent of the national median income.
            ``(5) Microcredit.--The term `microcredit' means a business 
        loan or loan guarantee of not more than $50,000 that is 
        provided to a rural entrepreneur.
            ``(6) Microenterprise.--The term `microenterprise' means--
                    ``(A) a sole proprietorship; or
                    ``(B) a business entity with not more than 10 full-
                time-equivalent employees.
            ``(7) Microenterprise development organization.--
                    ``(A) In general.--The term `microenterprise 
                development organization' means a private, nonprofit 
                entity that--
                            ``(i) provides training and technical 
                        assistance to rural entrepreneurs; and
                            ``(ii) facilitates access to capital or 
                        another service described in subsection (b) for 
                        rural entrepreneurs.
                    ``(B) Inclusions.--The term `microenterprise 
                development organization' includes an organization 
                described in subparagraph (A) with a demonstrated 
                record of delivering services to economically 
                disadvantaged microentrepreneurs, or an effective plan 
                to develop a program to deliver microenterprise 
                services to rural entrepreneurs effectively, as 
                determined by the Secretary.
            ``(8) Microenterprise development program.--The term 
        `microenterprise development organization' means a program 
        administered by an organization serving a rural area.
            ``(9) Microentrepreneur.--The term `microentrepreneur' 
        means the owner, operator, or developer of a microenterprise.
            ``(10) Program.--The term `program' means the rural 
        entrepreneur and microenterprise program established under 
        subsection (b)(1).
            ``(11) Qualified organization.--The term `qualified 
        organization' means--
                    ``(A) a microenterprise development organization or 
                microenterprise development program that has a 
                demonstrated record of delivering microenterprise 
                services to rural entrepreneurs, or an effective plan 
                to develop a program to deliver microenterprise 
                services to rural entrepreneurs effectively, as 
                determined by the Secretary.
                    ``(B) an intermediary that has a demonstrated 
                record of delivery assistance to microenterprise 
                development organizations or microenterprise 
                development programs;
                    ``(C) a microenterprise development organization or 
                microenterprise development program that serves rural 
                entrepreneurs;
                    ``(D) an Indian tribe, the tribal government of 
                which certifies to the Secretary that no 
                microenterprise development organization or 
                microenterprise development program exists under the 
                jurisdiction of the Indian tribe;
                    ``(E) a group of 2 or more organizations or Indian 
                tribes described in any of subparagraphs (A) through 
                (D) that agree to act jointly as a qualified 
                organization under this section; or
                    ``(F) for purposes of subsection (b), a public 
                college or university.
            ``(12) Rural area.--The term `rural area' means any 
        community that is rural in character and has a population of 
        not more than 25,000 individuals.
            ``(13) Rural capacity building service.--The term `rural 
        capacity building service' means a service provided to an 
        organization that--
                    ``(A) is, or is in the process of becoming, a 
                microenterprise development organization or 
                microenterprise development program; and
                    ``(B) serves rural areas for the purpose of 
                enhancing the ability of the organization to provide 
                training, technical assistance, and other related 
                services to rural entrepreneurs.
            ``(14) Rural entrepreneur.--The term `rural entrepreneur' 
        means a microentrepreneur, or prospective microentrepreneur--
                    ``(A) the principal place of business of which is 
                in a rural area; and
                    ``(B) that is unable to obtain sufficient training, 
                technical assistance, or microcredit elsewhere, as 
                determined by the Secretary.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Rural Business-Cooperative 
        Service.
            ``(16) Tribal government.--The term `tribal government' 
        means the governing body of an Indian tribe.
    ``(b) Rural Entrepreneurship and Microenterprise Program.--
            ``(1) Establishment.--The Secretary shall establish a rural 
        entrepreneurship and microenterprise program.
            ``(2) Purpose.--The purpose of the program shall be to 
        provide low-income individuals and moderate-income individuals 
        with--
                    ``(A) the skills necessary to establish new small 
                businesses in rural areas; and
                    ``(B) continuing technical and financial assistance 
                as individuals and business starting or operating small 
                businesses.
            ``(3) Grants.--
                    ``(A) In general.--The Secretary may make a grant 
                under the program to a qualified organization--
                            ``(i) to provide training, operational 
                        support, or a rural capacity building service 
                        to a qualified organization to assist the 
                        qualified organization in developing 
                        microenterprise training, technical assistance, 
                        market development assistance, and other 
                        related services, primarily for business with 5 
                        or fewer full-time-equivalent employees;
                            ``(ii) to assist in researching and 
                        developing the best practices in delivering 
                        training, technical assistance, and microcredit 
                        to rural entrepreneurs; and
                            ``(iii) to carry out such other projects 
                        and activities as the Secretary determines to 
                        be consistent with the purposes of this 
                        section.
                    ``(B) Subgrants.--Subject to such regulations as 
                the Secretary may promulgate, a qualified organization 
                that receives a grant under this paragraph may use the 
                grant to provide assistance to other qualified 
                organizations, such as small or emerging qualified 
                organizations.
                    ``(C) Diversity.--In making grants under this 
                paragraph, the Secretary shall ensure, to the maximum 
                extent practicable, that grant recipients include 
                qualified organizations--
                            ``(i) of varying sizes; and
                            ``(ii) that serve racially- and ethnically-
                        diverse populations.
                    ``(D) Cost sharing.--
                            ``(i) Federal share.--The Federal share of 
                        the cost of a project carried out using funds 
                        from a grant made under this paragraph shall be 
                        75 percent.
                            ``(ii) Form of non-federal share.--The non-
                        Federal share of the cost of a project 
                        described in clause (i) may be provided--
                                    ``(I) in cash (including through 
                                fees, grants (including community 
                                development block grants), and gifts); 
                                or
                                    ``(II) in kind.
            ``(4) Rural microloan program.--
                    ``(A) Establishment.--In carrying out the program, 
                the Secretary may carry out a rural microloan program.
                    ``(B) Purpose.--The purpose of the rural microloan 
                program shall be to provide technical and financial 
                assistance to sole proprietorships and small businesses 
                located in rural areas with a particular focus on those 
                businesses with 5 or fewer full-time equivalent 
                employees.
                    ``(C) Authority of secretary.--In carrying out the 
                rural microloan program, the Secretary may--
                            ``(i) make direct loans to qualified 
                        organizations for the purpose of making short-
                        term, fixed interest rate microloans to 
                        startup, newly established, and growing rural 
                        microbusiness concerns; and
                            ``(ii) in conjunction with those loans, 
                        provide grants in accordance with subparagraph 
                        (E) to those qualified organizations for the 
                        purpose of providing intensive marketing, 
                        management, and technical assistance to small 
                        business concerns that are borrowers under this 
                        paragraph.
                    ``(D) Loan duration; interest rates; conditions.--
                            ``(i) Loan duration.--A loan made by the 
                        Secretary under this paragraph shall be for a 
                        term of 20 years.
                            ``(ii) Applicable interest rates.--A loan 
                        made by the Secretary under this paragraph to a 
                        qualified organization shall bear an annual 
                        interest rate of at least 1 percent.
                            ``(iii) Deferral of interest and 
                        principal.--The Secretary may permit the 
                        deferral of payments, for principal and 
                        interest, on a loan made under this paragraph 
                        for a period of not more than 2 years, 
                        beginning on the date on which the loan was 
                        made.
                    ``(E) Grant amounts.--
                            ``(i) In general.--Except as otherwise 
                        provided in this section, each qualified 
                        organization that receives a loan under this 
                        paragraph shall be eligible to receive a grant 
                        to provide marketing, management, and technical 
                        assistance to small business concerns that are 
                        borrowers or potential borrowers under this 
                        subsection.
                            ``(ii) Maximum amount of grant for 
                        microenterprise development organizations.--
                        Each microenterprise development organization 
                        that receives a loan under this paragraph shall 
                        receive an annual grant in an amount equal to 
                        not more than 25 percent of the total 
                        outstanding balance of loans made to the 
                        microenterprise development organization under 
                        this paragraph, as of the date of provision of 
                        the grant.
                            ``(iii) Matching requirement.--
                                    ``(I) In general.--As a condition 
                                of any grant made to a qualified 
                                organization under this subparagraph, 
                                the Secretary shall require the 
                                qualified organization to match not 
                                less than 15 percent of the total 
                                amount of the grant.
                                    ``(II) Sources.--In addition to 
                                cash from non-Federal sources, a 
                                matching share provided by the 
                                qualified organization may include 
                                indirect costs or in-kind contributions 
                                funded under non-Federal programs.
    ``(c) Administrative Expenses.--Not more than 10 percent of 
assistance received by a qualified organization for a fiscal year under 
this section may be used to pay administrative expenses.
    ``(d) Funding.--
            ``(1) In general.--Not later than 30 days after the date of 
        enactment of this Act, and on October 1, 2008, and each October 
        1 thereafter through October 1, 2012, out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $50,000,000, to remain available until expended.
            ``(2) Allocation of funds.--Of the amount made available by 
        paragraph (1) for each fiscal year--
                    ``(A) not less than $30,000,000 shall be available 
                for use in carrying out subsection (b)(3); and
                    ``(B) not less than $20,000,000 shall be available 
                for use in carrying out subsection (b)(4), of which not 
                more than $7,000,000 shall be used to support direct 
                loans.
                    ``(C) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                paragraph (1), without further appropriation.''.

Answer: Rural Entrepreneur and Microenterprise Assistance Act - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to establish a rural entrepreneur and microenterprise (sole proprietorship or business entity with not more than 10 full-time employees) program to help low- and moderate- income individuals acquire: (1) necessary skills to establish small rural businesses; and (2) technical and financial assistance.

Authorizes the Secretary to carry out a related rural microloan program to provide technical and financial assistance to sole proprietorships and small rural businesses with a particular focus on businesses with five or fewer full-time employees.


Question: SECTION 1. AMENDMENT TO MAKE CHAPTER 12 OF TITLE 11, UNITED STATES 
              CODE, PERMANENT.

    (a) Reenactment.--Chapter 12 of title 11, United States Code, as 
reenacted by section 149 of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), 
and amended by this Act, is reenacted.
    (b) Effective Date.--Subsection (a) shall take effect on April 1, 
1999.
    (c) Conforming Amendment.--Section 302 of the Bankruptcy, Judges, 
United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 
U.S.C. 581 note) is amended by striking subsection (f).

SEC. 2. FAMILY FISHERMEN.

    (a) Definitions.--Section 101 of title 11, United States Code, is 
amended--
            (1) by inserting after paragraph (7) the following:
            ``(7A) `commercial fishing operation' includes--
                    ``(A) the catching or harvesting of fish, shrimp, 
                lobsters, urchins, seaweed, shellfish, or other aquatic 
                species or products; and
                    ``(B) aquaculture activities consisting of raising 
                for market any species or product described in 
                subparagraph (A);'';
            ``(7B) `commercial fishing vessel' means a vessel used by a 
        fisherman to carry out a commercial fishing operation;'';
            (2) by inserting after paragraph (19) the following:
            ``(19A) `family fisherman' means--
                    ``(A) an individual or individual and spouse 
                engaged in a commercial fishing operation--
                            ``(i) whose aggregate debts do not exceed 
                        $1,500,000 and not less than 80 percent of 
                        whose aggregate noncontingent, liquidated debts 
                        (excluding a debt for the principal residence 
                        of such individual or such individual and 
                        spouse, unless such debt arises out of a 
                        commercial fishing operation), on the date the 
                        case is filed, arise out of a commercial 
                        fishing operation owned or operated by such 
                        individual or such individual and spouse; and
                            ``(ii) who receive from such commercial 
                        fishing operation more than 50 percent of such 
                        individual's or such individual's and spouse's 
                        gross income for the taxable year preceding the 
                        taxable year in which the case concerning such 
                        individual or such individual and spouse was 
                        filed; or
                    ``(B) a corporation or partnership--
                            ``(i) in which more than 50 percent of the 
                        outstanding stock or equity is held by--
                                    ``(I) 1 family that conducts the 
                                commercial fishing operation; or
                                    ``(II) 1 family and the relatives 
                                of the members of such family, and such 
                                family or such relatives conduct the 
                                commercial fishing operation; and
                            ``(ii)(I) more than 80 percent of the value 
                        of its assets consists of assets related to the 
                        commercial fishing operation;
                            ``(II) its aggregate debts do not exceed 
                        $1,500,000 and not less than 80 percent of its 
                        aggregate noncontingent, liquidated debts 
                        (excluding a debt for 1 dwelling which is owned 
                        by such corporation or partnership and which a 
                        shareholder or partner maintains as a principal 
                        residence, unless such debt arises out of a 
                        commercial fishing operation), on the date the 
                        case is filed, arise out of a commercial 
                        fishing operation owned or operated by such 
                        corporation or such partnership; and
                            ``(III) if such corporation issues stock, 
                        such stock is not publicly traded;''; and
            (3) by inserting after paragraph (19A) the following:
            ``(19B) `family fisherman with regular annual income' means 
        a family fisherman whose annual income is sufficiently stable 
        and regular to enable such family fisherman to make payments 
        under a plan under chapter 12 of this title;''.
    (b) Who May Be a Debtor.--Section 109(f) of title 11, United States 
Code, is amended by inserting ``or family fisherman'' after ``family 
farmer''.
    (c)  Chapter 12.--Chapter 12 of title 11, United States Code, is 
amended--
            (1) in the chapter heading, by inserting ``OR FISHERMAN'' 
        after ``FAMILY FARMER'';
            (2) in section 1201, by adding at the end the following:
    ``(e)(1) Notwithstanding any other provision of law, for purposes 
of this subsection, a guarantor of a claim of a creditor under this 
section shall be treated in the same manner as a creditor with respect 
to the operation of a stay under this section.
    ``(2) For purposes of a claim that arises from the ownership or 
operation of a commercial fishing operation, a co-maker of a loan made 
by a creditor under this section shall be treated in the same manner as 
a creditor with respect to the operation of a stay under this 
section.'';
            (3) in section 1203, by inserting ``or commercial fishing 
        operation'' after ``farm'';
            (4) in section 1206, by striking ``if the property is 
        farmland or farm equipment'' and inserting ``if the property is 
        farmland, farm equipment, or property of a commercial fishing 
        operation (including a commercial fishing vessel)''; and
            (5) by adding at the end the following:
``Sec. 1232. Additional provisions relating to family fishermen
    ``(a)(1) Notwithstanding any other provision of law, except as 
provided in subsection (c), with respect to any commercial fishing 
vessel of a family fisherman, the debts of that family fisherman shall 
be treated in the manner prescribed in paragraph (2).
    ``(2)(A) For purposes of this chapter, a claim for a lien described 
in subsection (b) for a commercial fishing vessel of a family fisherman 
that could, but for this subsection, be subject to a lien under 
otherwise applicable maritime law, shall be treated as an unsecured 
claim.
    ``(B) Subparagraph (A) applies to a claim for a lien resulting from 
a debt of a family fisherman incurred on or after the date of enactment 
of this chapter.
    ``(b) A lien described in this subsection is--
            ``(1) a maritime lien under subchapter III of chapter 313 
        of title 46, United States Code, without regard to whether that 
        lien is recorded under section 31343 of title 46, United States 
        Code; or
            ``(2) a lien under applicable State law (or the law of a 
        political subdivision thereof).
    ``(c) Subsection (a) shall not apply to--
            ``(1) a claim made by a member of a crew or a seaman 
        including a claim made for--
                    ``(A) wages, maintenance, or cure; or
                    ``(B) personal injury; or
            ``(2) a preferred ship mortgage that has been perfected 
        under subchapter II of chapter 313 of title 46, United States 
        Code.
    ``(d) For purposes of this chapter, a mortgage described in 
subsection (c)(2) shall be treated as a secured claim.''.
    (d) Clerical Amendments.--
            (1) Table of chapters.--In the table of chapters for title 
        11, United States Code, the item relating to chapter 12, is 
        amended to read as follows:

``12. Adjustments of Debts of a Family Farmer or Family         1201''.
                            Fisherman with Regular Annual 
                            Income.
            (2) Table of sections.--The table of sections for chapter 
        12 of title 11, United States Code, is amended by adding at the 
        end the following new item:

``1232. Additional provisions relating to family fishermen.''.

Answer: Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to reenact permanently chapter 12 of the Federal Bankruptcy Code (Adjustments of Debts of a Family Farmer). 
Amends Federal bankruptcy provisions to include family fishermen as authorized debtors. 
Requires a guarantor of a claim of a creditor to be treated in the same manner as a creditor with respect to the operation of a stay under such provisions.  Treats, with respect to the ownership or operation of a commercial fishing operation, a co-maker of a loan made by a creditor in the same manner as a creditor with respect to such a stay. 
Includes a commercial fishing operation under provisions concerning debtor rights and powers. 
Treats a claim for a lien for a commercial fishing vessel of a family fisherman as an unsecured claim.  States that such treatment shall not apply to: (1) a claim made by a crewmember or seaman for wages or personal injury; or (2) a preferred ship mortgage that has been perfected under provisions of the Uniform Commercial Code.


Question: 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 by 
striking ``law-enforcement officer'' and inserting ``law enforcement 
officer, except that this chapter and section 1346(b) shall apply to a 
claim based on the negligent destruction, injury, or loss of goods or 
merchandise (including real property) while in the possession of an 
officer of customs or excise or any other law enforcement officer''.

SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS.

    Rule C(6) of the Supplemental Rules for Certain Admiralty and 
Maritime Claims to the Federal Rules of Civil Procedures (28 U.S.C. 
App.) is amended by striking ``10 days'' and inserting ``60 days''.

SEC. 4. 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.--
            ``(1) Filing of claim.--At any time within 60 days after 
        the date on which a notice of seizure is first published, a 
        person who claims a vessel, vehicle, aircraft, merchandise, or 
        baggage seized under a law described in section 605 may file 
        with the appropriate customs officer a claim stating the 
        person's interest in the property.
            ``(2) Condemnation.--On filing of a claim under paragraph 
        (1), the customs officer shall transmit the claim, with a 
        duplicate list and description of the articles seized, to the 
        United States attorney for the district in which the seizure 
        was made, who shall proceed to a condemnation of the 
        merchandise or other property in the manner prescribed by law.
    ``(b) Court-Appointed Counsel.--
            ``(1) In general.--If a person filing a claim under 
        subsection (a), or a claim regarding property seized under 
        another law that incorporates by reference the seizure, 
        forfeiture, and condemnation procedures of the customs laws, is 
        financially unable to obtain representation of counsel, the 
        court may appoint appropriate counsel to represent the person 
        with respect to the claim.
            ``(2) Compensation.--(A) The court shall set the 
        compensation for counsel appointed under paragraph (1) in an 
        amount that is equivalent to that provided for counsel 
        appointed under section 3006A of title 18, United States Code.
            ``(B) Compensation of counsel appointed under paragraph (1) 
        shall be paid from the Justice Assets Forfeiture Fund 
        established under section 524 of title 28, United States 
        Code.''.

SEC. 5. 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 PROCEEDINGS.

    ``(a) In General.--In a suit or action described in subsection (b), 
the burden of proof is on the Government to establish by clear and 
convincing evidence that the property is subject to forfeiture.
    ``(b) Suits and Actions Described.--A suit or action is described 
in this subsection if it is--
            ``(1) a suit or action (other than a suit or action arising 
        under section 592) brought for the forfeiture of a vessel, 
        vehicle, aircraft, merchandise, or baggage seized under any law 
        relating to the collection of duties on imports or tonnage; or
            ``(2) a suit or action brought for the recovery of the 
        value of any vessel, vehicle, aircraft, merchandise, or 
        baggage, because of a violation of that law.''.

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 ``(a) Release Upon Payment.--'' before 
        ``If''; and
            (2) by adding at the end the following new subsection:
    ``(b) Release of Seized Property for Substantial Hardship.--
            ``(1) Request for release.--(A) A claimant is entitled to 
        immediate release of seized property if continued possession by 
        the Government would cause the claimant substantial hardship.
            ``(B) A claimant seeking release of property under this 
        subsection shall--
                    ``(i) request possession of the property from the 
                appropriate customs officer; and
                    ``(ii) state in the request the basis for such 
                release.
            ``(2) Civil action.--(A) If, within 10 days after the date 
        on which a request is made under paragraph (1), the subject 
        property has not been released, the claimant may file a 
        complaint in any district court that would have jurisdiction 
        over forfeiture proceedings relating to the property.
            ``(B) A complaint under subparagraph (B) shall state--
                    ``(i) the nature of the claim to the seized 
                property;
                    ``(ii) the reason why the continued possession by 
                the United States Government pending the final 
                disposition of forfeiture proceedings will cause 
                substantial hardship to the claimant; and
                    ``(iii) the steps that the claimant has taken to 
                secure release of the property from the appropriate 
                customs officer.
            ``(3) Return of property.--If a complaint is filed under 
        paragraph (2), the district court shall order that the property 
        be returned to the claimant, pending completion of proceedings 
        by the United States Government to obtain forfeiture of the 
        property, if the claimant shows that--
                    ``(A) the claimant is likely to demonstrate a 
                possessory interest in the seized property; and
                    ``(B) continued possession by the United States 
                Government of the seized property is likely to cause 
                substantial hardship to the claimant.
            ``(4) Conditions.--The court may place such conditions on 
        release of the property as the court finds are appropriate to 
        preserve the availability of the property or its equivalent for 
        forfeiture.
            ``(5) Time for decision.--The district court shall render a 
        decision on a complaint filed under paragraph (2) 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.''.

SEC. 7. JUSTICE ASSETS FORFEITURE FUND.

    Section 524(c) of title 28, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``law enforcement'';
                    (B) by redesignating subparagraphs (H) and (I) as 
                subparagraphs (I) and (J), respectively; and
                    (C) by inserting after subparagraph (G) the 
                following new subparagraph:
            ``(H) payment of court-awarded compensation for 
        representation of claimants pursuant to section 608(b) of the 
        Tariff Act of 1930;''; and
            (2) in paragraph (9)(A), by striking ``(H)'' and inserting 
        ``(I)''.

SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED 
              SUBSTANCES ACT.

    Section 511(a)(7) of the Controlled Substances Act (21 U.S.C. 
881(a)(7)) is amended by striking ``without the knowledge or consent of 
that owner'' and inserting ``either without the knowledge of that owner 
or without the consent of that owner''.

SEC. 9. APPLICABILITY.

    The amendments made by this Act apply with respect to claims filed 
under section 608 of the Tariff Act of 1930 and suits and actions filed 
under section 615 of that Act on or after the date of enactment of this 
Act.

Answer:
Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures a claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of a customs or other law enforcement officer. 
Extends the period for filing claims in certain in rem proceedings. 
Amends the Tariff Act of 1930 to provide that:  (1) in all suits or actions 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, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 60 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements. 
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship.  Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return. 
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel.