This Act may be cited as the `Civil Asset Forfeiture Reform Act`.
(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 section 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.'
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`.
`In -
`(1) all suits or actions (other than those arising 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 recovery 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.'
`(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 officer 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 condemnation 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 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 of counsel, the court may appoint appropriate counsel to represent that person with respect to the claim. The court shall set the compensation for that representation, which shall -
`(1) be equivalent to that provided for court-appointed 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, United States Code.'
(1) by inserting before the first word in the section the following:
`(a) Release Upon Payment -'; and
(2) by adding at the end the following:
`(b) Release of Seized Property for Substantial Hardship.
`(1) Request for release . - A claimant is entitled to immediate release of seized property if continued possession by the United States Government 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 possession 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 request the property has not been released, the claimant may file a complaint in any district court that would have jurisdiction of forfeiture proceedings relating to the property setting forth -
`(A) the nature of the claim to the seized property;
`(B) 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
`(C) the steps the claimant has taken to secure release of the property from the appropriate customs officer.
`(2) Return of property . - If a complaint is filed under paragraph (1), 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.
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.
`(3) 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.
(1) by striking out `law enforcement purposes - in the matter preceding subparagraph (A) in paragraph (1) and inserting `purposes -';
(2) by redesignating the final 3 subparagraphs in paragraph (1) as subparagraphs (I), (J), and (K), respectively;
(3) by inserting after subparagraph (G) of paragraph (1) 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[-- U.S.Code --];`; and
(4) by striking out `(H)' in subparagraph (A) of paragraph (9) and inserting `(I)'.
(1) in paragraph (4)(C), by striking `without the knowledge, consent, or willful blindness of the owner.' and inserting `either without the knowledge of that owner or without the consent of that owner.'
(2) in each of paragraphs (6) and (7), 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.'
. (b) Special Rule . -
(1) Generally . - Section 511 of the Controlled Substances Act ( 21 U.S.C. 881) is amended by adding at the end the following: