Specifies that no party shall be required to establish that it is able to meet its burden of proof until the time of trial, with an exception for summary judgment motions.
(Sec. 3) Requires the Government, whenever property other than real property is seized by a Federal law enforcement agency or is turned over to such an agency by a State or local law enforcement agency for the purpose of forfeiture under Federal law, to commence administrative forfeiture proceedings against the property pursuant to the customs laws within 60 days after the seizure or turnover unless the Attorney General has filed a civil forfeiture complaint, or included the property in a criminal indictment, before such period has expired.
Requires the seizing agency, upon commencing administrative forfeiture proceedings, to send notice of the proceedings, together with information on the applicable procedures for contesting the forfeiture, to each party known to the agency at the time of the seizure to have an ownership or possessory interest, including a lienholder's interest in the seized property. Directs that, if the identity or interest of a party is not determined until after the seizure but is determined before a declaration of forfeiture is entered, such written notice and information be sent to such interested party not later than 60 days after the determination of the seizing agency of the party's identity or interest.
Requires the Government, if it does not send notice of a seizure of property to the person from whom it was received and no extension of time is granted, to return the property to that person without prejudice to the Government's right to commence a forfeiture proceeding at a later time. Directs that if the property is returned herein, neither the seizing agency nor any individual agent shall be held liable for the failure to provide notice. Specifies that the Government shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
Authorizes the Attorney General, the Secretary of the Treasury, or the United States Postal Service, as applicable, to waive such notice requirements for good cause.
Allows any person entitled to such notice who does not receive such notice to file, within two years after the date of final publication of notice of seizure of the property, a motion to set aside a declaration of forfeiture under the Tariff Act of 1930, which motion shall be granted if the moving party: (1) had an ownership or possessory interest in the forfeited property and the Government knew, or reasonably should have known, of that party's interest and failed to take reasonable steps to provide such party with notice of the forfeiture; and (2) did not have actual notice of the seizure within sufficient time to file a claim within the time period provided by law.
Directs: (1) the court, upon granting such a motion, to set aside the declaration of forfeiture as to the interest of the moving party pending forfeiture proceedings in accordance with the Tariff Act, which proceedings shall be instituted within 60 days of the entry of the order granting the motion; and (2) the Government, if at the time such a motion is granted the forfeited property has been disposed of by the Government in accordance with law, to institute forfeiture proceedings against a substitute sum of money equal to the value of the forfeited property at the time the property was disposed of, plus interest.
Makes a motion under this Act the exclusive means of obtaining judicial review of a declaration of forfeiture entered by a seizing agency.
(Sec. 4) Rewrites provisions of the Tariff Act to authorize a person claiming a seized vessel, vehicle, aircraft, merchandise, or baggage (vessel) to file a claim with the Customs Service at any time after the seizure, provided that the claim is filed not later than the later of 30 days after the first publication of notice of seizure, or the deadline set forth in a personal notice letter received by such person. Requires the claim to be signed by the claimant under penalty of perjury and contain a brief statement of the nature and extent of the claimant's ownership interest in the property.
Requires a person filing a claim to post bond to the United States in the sum of $5,000 or ten percent of the value of the claimed property, whichever is less, but not less than $250, with sureties approved by the Customs Service. Specifies that no bond shall be required if the Secretary approves a claim filed in forma pauperis.
Directs the Customs Service to transmit any such claim filed, with a duplicate list and description of the articles seized, to the U.S. attorney for the district in which the property was seized, or any other district in which a forfeiture action may be filed. Allows the U.S. attorney, after reviewing the matter, to decide to return the property to the claimant or to reach an appropriate compromise agreement with the claimant (otherwise the U.S. attorney shall proceed to a condemnation of the merchandise or other property or proceed to include the merchandise or other property in an appropriate criminal indictment).
Directs the appropriate customs officer, if no claim is filed or bond given within 30 (currently, 20) days, to declare the vessel forfeited.
Specifies that a cost bond otherwise required by the Tariff Act shall not be required if the claimant: (1) pledges real or personal property having a value greater than or equal to that of the bond that would otherwise be required as security against the costs of the Government; (2) provides, in any case in which the pledged real or personal property is subject to a Federal or State recording, certificate of title, or registration statute, documentary proof evidencing the ownership of the property by the claimant or pledger; and (3) files an affidavit under penalty of perjury setting forth the value of the property and stating that the claimant is the owner of the property.
Allows the U.S. attorney, once the claim is referred to the U.S. attorney under the Tariff Act, to ask the court to review the facts set forth in the affidavit filed.
Authorizes the claimant, at the conclusion of the case, to move for return of the cost bond, or to rescind the property pledge, and the court to grant such motion if the court finds that the claim was substantially justified. Directs the Government, if the court denies such motion, or if no such motion is made, to retain the bond to the extent necessary to recover its costs and return the balance to the claimant. Allows the Government, in the case of a property pledge, to: (1) serve upon the claimant an assessment of its costs, which assessment shall be collectible as a debt owed to the Government; or (2) foreclose on the pledged property to recover its costs.
(Sec. 5) Directs the Attorney General, in any case in which property has been seized or restrained by the Government and a claim has been filed, to: (1) file a compliant for forfeiture within 90 days (with an exception) or include a forfeiture count in a criminal indictment or information, or both; or (2) return the property pending the filing of a complaint or indictment.
Authorizes the Government to apply to a Federal magistrate judge in any district in which venue for a forfeiture action would lie for an extension of time in which to comply, which shall be granted based on a showing of good cause. Allows such extension to be made ex parte where the filing would jeopardize an ongoing criminal investigation, prosecution, or court-authorized electronic surveillance.
Sets forth provisions regarding the filing of a claim and answer, and a motion to dismiss a complaint for forfeiture.
(Sec. 6) Amends the code to authorize a person with standing to challenge the forfeiture of seized property to file a motion for the return of the property. Directs the court, if such motion is filed, to conduct a hearing within 90 days and order the release of the property, pending trial on the forfeiture and entry of judgment, unless: (1) the Government establishes probable cause to believe that the property is subject to forfeiture, based on all information available to the Government at the time of hearing; (2) the Government has filed a civil forfeiture complaint against the property, and a magistrate judge has determined there is probable cause for the issuance of a warrant of arrest in rem; (3) a grand jury has returned an indictment that includes an allegation that the property is subject to criminal forfeiture; (4) the party filing the motion had notice of the intent of the Government to forfeit the property administratively, and failed to file a claim to the property within the specified time period; (5) the property is contraband or other property that the moving party may not legally possess; or (6) the property is needed as evidence in a criminal investigation or prosecution.
(Sec. 7) Directs the court, if the party filing a claim in a civil forfeiture case is not charged with any criminal offense in a related criminal case, and the court enters judgment for that party, to order the Government to pay costs and reasonable attorney's fees to the claimant, with exceptions. Provides for sanctions for frivolous claims.
(Sec. 8) Directs that all civil forfeitures of, and interests in, real property proceed as judicial forfeitures. Makes the administrative forfeiture provisions of the Tariff Act inapplicable to the forfeiture of real property.
Prohibits (with exceptions): (1) real property that is the subject of a forfeiture action from being seized before entry of an order of forfeiture; and (2) the owners or occupants of the real property from being evicted from, or otherwise deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture action.
Directs the court in which a civil forfeiture action is pending, in lieu of issuing an arrest warrant in rem, to issue a notice of complaint for forfeiture, which shall be served on the property owner and posted on the property. Specifies that the posting of such notice shall be sufficient to give the court in rem jurisdiction over the property. Provides for constructive service if the property owner cannot be served because such owner is a fugitive or resides outside of the United States, and efforts at service are unavailing.
Sets forth provisions regarding seizure prior to entry of a forfeiture order, post- seizure hearings, actions not considered seizures, and scope of applicability of this section.
(Sec. 9) Amends the Federal Tort Claims Act to authorize compensation for damage to seized property if the claimant is not convicted of a crime for which the claimant's property interest would be subject to forfeiture and if other specified circumstances apply. Specifies that damage to property occurring in the course of carrying out a lawful law enforcement function may not be construed to be the result of negligence unless the function was carried out in an unreasonable manner.
(Sec. 10) Amends the code to prohibit the forfeiture of the interest of an innocent owner in property in any judicial action under any civil forfeiture provision of the code, the Controlled Substances Act (CSA), or the Immigration and Nationality Act (INA). Defines "innocent owner" with respect to: (1) a property interest in existence at the time the illegal act giving rise to forfeiture took place, as an owner who did not know that the property was being used or was likely to be used in the commission of such illegal act, or upon learning that the property was being used or was likely to be used in the commission of such act, did all that reasonably could be expected to terminate or prevent such use of the property; and (2) such an interest acquired after the act giving rise to the forfeiture took place, as a person who establishes, by a preponderance of the evidence that the person acquired the property as a bona fide purchaser for value who at the time of the purchase did not know and was reasonably without cause to believe that the property was subject to forfeiture. Makes an innocent owner defense under this section an affirmative defense.
(Sec. 11) Authorizes the release of seized property pending trial to avoid hardship under specified circumstances.
(Sec. 12) Directs the court, upon motion of the United States, to stay a civil forfeiture proceeding if the court determines that civil discovery or trial could adversely affect the Government's ability to conduct a related criminal investigation or the prosecution of a related criminal case.
Directs the court, upon motion of a claimant, to stay the civil forfeiture proceeding with respect to that claimant if the court determines that: (1) the claimant is the subject of a related criminal investigation or case; (2) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (3) continuation of the forfeiture proceeding may infringe upon the claimant's right against self- incrimination in the related investigation or case.
Authorizes the court to determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. Prohibits the court from imposing a protective order as an alternative to a stay if the effect of such order would be to allow one party to pursue discovery while the other party is substantially unable to do so.
Sets forth provisions regarding presentations ex parte and under seal, court orders to preserve the value of property, and applicability of standing determinations.
(Sec. 13) Amends the Federal judicial code to provide that, upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under the Federal criminal code, the CSA, or the INA, the United States shall: (1) be liable for post-judgment interest; (2) not be liable for prejudgment interest, with an exception; and (3) not be required to disgorge the value of any intangible benefits nor to make any other payments of interest or other compensation to the claimant not specifically authorized.
(Sec. 14) Rewrites code provisions regarding search warrant requirements for civil forfeiture. Authorizes the seizure of property by the Secretary of the Treasury or the United States Postal Service in the case of property involved in a violation investigated by such Secretary or Service.
Requires that any such seizure be made pursuant to a warrant, which may be issued by a magistrate judge, except that a seizure may be made without a warrant if: (1) a complaint for forfeiture has been filed in the district court and the court has issued an arrest warrant in rem based upon a showing of probable cause; (2) there is probable cause to believe that the property is subject to forfeiture and the seizure is made pursuant to a lawful arrest or search, or another exception to the Fourth Amendment warrant requirement would apply; or (3) the property was lawfully seized by a State or local law enforcement agency and has been transferred to a Federal agency.
Authorizes issuance of a seizure warrant by a judicial officer in any district in which a forfeiture action against the property may be filed under judicial code provisions, and executed in any district in which the property is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement. Directs the judicial officer to command the officer to seize, within a specified time period, the property specified in the warrant. Requires any motion for the return of property seized to be filed in the district in which the seizure warrant was issued.
Allows a party with standing to challenge a seizure and forfeiture to move to suppress the use of the property as evidence on the ground that the Government lacked probably cause at the time of the seizure. Specifies that suppression of the property as evidence shall not affect the Government's right to proceed with a forfeiture action based on independently derived evidence.
Authorizes the Attorney General, if any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States, to apply to a Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, except that the time may be extended for good cause shown at a hearing. Requires the application for the restraining order to set forth the nature and circumstances of the foreign charges and the basis for belief that the person arrested or charged has property in the United States that would be subject to forfeiture, and to contain a statement that the order is needed to preserve the availability of property for such time as is necessary to receive evidence from the foreign country or elsewhere in support of probable cause for the seizure of the property.
(Sec. 15) Authorizes the court, before or after filing a forfeiture complaint and on application of the Government, to: (1) enter any restraining order or injunction of the CSA; (2) require the execution of satisfactory performance bonds; (3) create receiverships; (4) appoint conservators, custodians, appraisers, accountants, or trustees; or (5) take any other action to seize, secure, maintain, or preserve the availability of property subject to forfeiture.
(Sec. 16) Provides that, at the conclusion of the trial and following the entry of a forfeiture verdict: (1) the claimant may petition the court to determine whether the excessive fines clause of the Eighth Amendment applies and, if so, whether the forfeiture is grossly disproportional to the gravity of the offense; (2) the claimant shall have the burden of establishing that the forfeiture is grossly disproportional by a preponderance of the evidence at a hearing by the court without a jury; and (3) if the court determines that the forfeiture is grossly disproportional to the gravity of the offense, the court shall adjust the forfeiture to the extent necessary to avoid the constitutional violation.
(Sec. 17) Authorizes the Attorney General, the Secretary of the Treasury, or their designee, in any investigation relating to the seizure or forfeiture of property, to issue in writing and cause to be served a subpoena for evidence. Makes provisions of the code (regarding obstruction of civil investigative demands), the Right to Financial Privacy Act, and the Fair Credit Reporting Act applicable to this section.
(Sec. 18) Dismisses with prejudice the claim of any claimant in a civil forfeiture case, or any related criminal forfeiture case under CSA, when the claimant refuses to provide certain financial records located in a foreign country when it is within the claimant's capacity to make such records available.
(Sec. 19) Modifies code provisions regarding disclosure of matters occurring before a grand jury to allow a person who is privy to grand jury information to disclose the information to a Government attorney for use in connection with any civil forfeiture provision of Federal law.
(Sec. 20) Amends the Internal Revenue Code to authorize a Federal district court judge or magistrate to open to inspection by, or disclosure to, Federal officers and employees who are personally and directly engaged in specified activities of tax return information available in connection with a civil forfeiture investigation or proceeding.
(Sec. 21) Amends the Tariff Act to provide that, in the case of forfeiture, the statute of limitations shall be within five years after the time when the existence of the property and the involvement of the property in the alleged offense were discovered (but retains the current standard of five years after the time when the alleged offense was discovered).
(Sec. 22) Amends the code to expand the scope of provisions regarding the destruction or removal of property to prevent seizure to cover seizure for forfeiture and to explicitly cover real property.
(Sec. 23) Revises code provisions regarding civil forfeiture of fungible property to permit invocation of such provisions only if the action for forfeiture was commenced by a seizure or arrest in rem within two years of the offense that is the basis for the forfeiture. Makes such provisions inapplicable to an action against funds held by a financial institution in an interbank account unless the account holder knowingly engaged in the offense that is the basis for the forfeiture.
(Sec. 24) Amends the CSA to provide that in any action with respect to the forfeiture of seized currency the finder of fact shall determine the nexus between the currency and the drug trafficking offense based on the totality of the circumstances. Lists factors which the finder of fact may consider in making such determination.
(Sec. 25) Amends the code to authorize the use of forfeited property to pay restitution to any victim of the offense giving rise to the forfeiture, including, in the case of a money laundering offense, any offense constituting the underlying specified activity.
(Sec. 26) Amends the judicial code to provide that a person who, in order to avoid criminal prosecution, purposely leaves U.S. jurisdiction, declines to enter or reenter the United States to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the person, may not use the resources of the U.S. courts in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action.
(Sec. 27) Requires a foreign nation seeking to have its value-based confiscation judgment registered and enforced by a U.S. district court to first submit a request to the Attorney General or his or her designee (Attorney General) which shall include specified information, including a summary of the facts of the case and a description of the criminal proceeding that resulted in the value-based confiscation judgment. Directs the Attorney General to determine whether to certify the request, which decision shall be final.
Permits a foreign nation to file a civil proceeding in U.S. district court, if the Attorney General certifies a request, seeking to enforce the foreign value-based confiscation judgment as if the judgment had been entered by a U.S. court, subject to specified requirements.
(Sec. 28) Amends the judicial code to authorize the Government, if a forfeiture of property is authorized in connection with a violation of an Act of Congress and any person is charged in an indictment or information with such violation but no specific statutory provision is made for criminal forfeiture upon conviction, to include the forfeiture in the indictment or information. Directs the court, upon conviction, to order the forfeiture of the property in accordance with procedures set forth in the Comprehensive Drug Abuse Prevention and Control Act of 1970.
(Sec. 29) Amends the CSA and the code to provide for uniform civil forfeiture standards.
(Sec. 31) Rewrites INA provisions regarding the bringing in and harboring of aliens to authorize the seizure and forfeiture of the gross proceeds of a violation, and any property traceable to such conveyance or proceeds. Specifies that standards under the code shall apply to civil forfeitures under the INA, with an exception for duties imposed upon the Secretary of the Treasury under the customs laws. Sets forth prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States, or that such alien remained in violation of law.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1701 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1701
To reform civil asset forfeiture, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 6, 1999
Mr. Sessions (for himself, Mr. Schumer, Mr. Thurmond, Mr. Biden, Mrs.
Feinstein, Mr. Helms, and Mr. Cleland) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform civil asset forfeiture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Civil Asset
Forfeiture Reform Act of 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Burden of proof.
Sec. 3. Notice of administrative forfeiture; limitations period for
challenges.
Sec. 4. Time for filing claim; waiver of cost bond.
Sec. 5. Time for filing a complaint.
Sec. 6. Probable cause hearing.
Sec. 7. Award of attorneys' fees to successful claimants.
Sec. 8. Special provisions for real property.
Sec. 9. Compensation for damage to seized property.
Sec. 10. Uniform innocent owner defense.
Sec. 11. Release of property in hardship cases.
Sec. 12. Stay of civil forfeiture case.
Sec. 13. Prejudgment interest.
Sec. 14. Seizure warrant requirement.
Sec. 15. Civil restraining orders.
Sec. 16. Excessive fines.
Sec. 17. Civil investigative demands.
Sec. 18. Access to records in bank secrecy jurisdictions.
Sec. 19. Cooperation among Federal prosecutors.
Sec. 20. Access to other records.
Sec. 21. Statute of limitations for civil forfeiture actions.
Sec. 22. Destruction or removal of property to prevent seizure.
Sec. 23. Fungible property in bank accounts.
Sec. 24. Currency seized from drug couriers.
Sec. 25. Use of forfeited funds to pay restitution to crime victims.
Sec. 26. Fugitive disentitlement.
Sec. 27. Enforcement of foreign forfeiture judgment.
Sec. 28. Encouraging use of criminal forfeiture as an alternative to
civil forfeiture.
Sec. 29. Application of procedures for drug cases.
Sec. 30. Application of procedures to other civil forfeitures.
Sec. 31. Application to alien smuggling offenses.
Sec. 32. Effective dates.
SEC. 2. BURDEN OF PROOF.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(k) Burden of Proof at Trial.--
``(1) In general.--At trial--
``(A) the Government shall have the burden of
proving that the property is subject to forfeiture by a
preponderance of the evidence; and
``(B) the claimant shall have the burden of proving
any affirmative defense by a preponderance of the
evidence.
``(2) Timing.--No party shall be required to establish that
it is able to meet its burden of proof under paragraph (1)
until the time of trial, except that any party may file a
motion for summary judgment pursuant to rule 56 of the Federal
Rules of Civil Procedure at any time.''.
SEC. 3. NOTICE OF ADMINISTRATIVE FORFEITURE; LIMITATIONS PERIOD FOR
CHALLENGES.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(l) Administrative Forfeitures.--
``(1) Notice.--
``(A) In general.--Whenever property, other than
real property, is seized by a Federal law enforcement
agency pursuant to subsection (b), or is turned over to
a Federal law enforcement agency by a State or local
law enforcement agency pursuant to subsection (b)(2)(C)
for the purpose of forfeiture under Federal law, the
Government shall commence administrative forfeiture
proceedings against the property pursuant to the
customs laws (19 U.S.C. 1602 et seq.) not later than 60
days after the seizure or turnover, unless the Attorney
General has filed a civil forfeiture complaint, or
included the property in a criminal indictment, before
such 60-day period has expired. Upon commencing
administrative forfeiture proceedings, the seizing
agency shall send notice of the proceedings, together
with information on the applicable procedures for
contesting the forfeiture, to each party known to the
seizing agency at the time of the seizure to have an
ownership or possessory interest, including a
lienholder's interest in the seized property. If the
identity or interest of a party is not determined until
after the seizure but is determined before a
declaration of forfeiture is entered, such written
notice and information shall be sent to such interested
party not later than 60 days after the determination of
the seizing agency of the identity of the party or the
party's interest.
``(B) Return of property.--If the Government does
not send notice of a seizure of property to the person
from whom it was received in accordance with
subparagraph (A), and no extension of time is granted,
the Government shall return the property to that person
without prejudice to the right of the Government to
commence a forfeiture proceeding at a later time. If
the property is returned under this paragraph, neither
the seizing agency nor any individual agent shall be
held liable for the failure to provide notice. The
Government shall not be required to return contraband
or other property that the person from whom the
property was seized may not legally possess.
``(2) Extension.--
``(A) In general.--The Attorney General, the
Secretary of the Treasury, or the United States Postal
Service, as applicable, may waive the requirements of
paragraph (1)(A) for good cause.
``(B) Delegation of authority.--The power to grant
a waiver may be delegated to a person of supervisory
rank (as defined in section 7103(a)(10) of title 5) in
the headquarters office of the seizing agency.
``(3) Motion to set aside declaration of forfeiture.--
``(A) In general.--Any person entitled to notice
under paragraph (1)(A) who does not receive such notice
may file, not later than 2 years after the date of
final publication of notice of seizure of the property,
a motion to set aside a declaration of forfeiture
entered pursuant to section 609 of the Tariff Act of 1930 (19 U.S.C.
1609), which motion shall be granted if--
``(i) the moving party had an ownership or
possessory interest in the forfeited property,
and the Government knew, or reasonably should
have known, of that party's interest and failed
to take reasonable steps to provide such party
with notice of the forfeiture; and
``(ii) the moving party did not have actual
notice of the seizure within sufficient time to
file a claim within the time period provided by
law.
``(B) Setting aside declaration of forfeiture.--If
the court grants a motion made under subparagraph (A),
the court shall set aside the declaration of forfeiture
as to the interest of the moving party pending
forfeiture proceedings in accordance with the Tariff
Act of 1930 (19 U.S.C. 1602 et seq.), which proceedings
shall be instituted within 60 days of the entry of the
order granting the motion.
``(C) Disposed property.--If, at the time a motion
made under this subparagraph (A) is granted, the
forfeited property has been disposed of by the
Government in accordance with law, the Government shall
institute forfeiture proceedings under subparagraph (B)
against a substitute sum of money equal to the value of
the forfeited property at the time the property was
disposed of, plus interest.
``(D) Judicial review.--A motion made under this
subsection shall be the exclusive means of obtaining
judicial review of a declaration of forfeiture entered
by a seizing agency.''.
SEC. 4. 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:
``SEC. 608. SEIZURES; CLAIMS; JUDICIAL CONDEMNATION.
``(a) In General.--Any person claiming such seized vessel, vehicle,
aircraft, merchandise, or baggage may file a claim with the Customs
Service at any time after the seizure, provided that the claim is filed
not later than 30 days after the first publication of notice of
seizure, or the deadline set forth in a personal notice letter received
by such person, whichever is later. The claim shall be signed by the
claimant under penalty of perjury and shall contain a brief statement
of the nature and extent of the claimant's ownership interest in the
property.
``(b) Bond.--Any person filing a claim pursuant to subsection (a)
shall post the bond to the United States in the sum of $5,000 or 10
percent of the value of the claimed property, whichever is less, but
not less than $250, with sureties approved by the Customs Service. No
bond shall be required if the Secretary approves a claim filed in forma
pauperis. A claim filed in forma pauperis shall include the information
required to complete form 4 in the appendix of forms following rule 48
of the Federal Rules of Appellate Procedure.
``(c) Transmittal to United States Attorney.--Upon the filing of a
claim pursuant to this section, the Customs Service 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 property was
seized, or any other district in which a forfeiture action may be filed
pursuant to section 1355(b) of title 28, United States Code. The United
States attorney, after reviewing the matter, may decide, in his or her
discretion, to return the property to the claimant or to reach an
appropriate compromise agreement with the claimant with respect to the
property. Otherwise, the United States attorney shall proceed to a
condemnation of the merchandise or other property in the manner
prescribed in the Federal Rules of Civil Procedure, Supplemental Rules
for Certain Admiralty and Maritime Claims, or shall proceed to include
the merchandise or other property in an appropriate criminal
indictment.''.
(b) Conforming Amendment.--Section 609 of the Tariff Act of 1930
(19 U.S.C. 1609) is amended by striking ``twenty'' and inserting
``30''.
(c) Exemption From Cost Bond Requirement.--Section 981(d) of title
18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2)(A) A cost bond otherwise required by section 608 of the
Tariff Act of 1930 (19 U.S.C. 1608) shall not be required if the
claimant--
``(i) pledges real or personal property having a value
greater than or equal to the value of the bond that would
otherwise be required under section 608(b) as security against
the costs of the Government;
``(ii) provides, in any case in which the pledged real or
personal property is subject to a Federal or State recording,
certificate of title, or registration statute, documentary
proof evidencing the ownership of the property by the claimant
or pledger; and
``(iii) files an affidavit under penalty of perjury setting
forth the value of the property and stating that the claimant
is the owner of the property.
``(B) Once the claim is referred to the United States attorney in
accordance with section 608(c) of the Tariff Act of 1930 (19 U.S.C.
1608), the United States attorney may ask the court to review the facts
set forth in the affidavit filed under subparagraph (A)(ii).
``(C) At the conclusion of the case, the claimant may move for
return of the cost bond, or to rescind the property pledge, and the
court shall grant such motion if the court finds that the claim was
substantially justified. If the court denies such motion, or if no such
motion is made, the Government shall retain the bond to the extent
necessary to recover its costs and return the balance to the claimant.
In the case of a property pledge, the Government may--
``(i) serve upon the claimant an assessment of its costs,
which assessment shall be collectible as a debt owed to the
Government under chapter 176 of title 28; or
``(ii) foreclose on the pledged property to recover its
costs.''.
SEC. 5. TIME FOR FILING A COMPLAINT.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(m) Filing a Complaint.--
``(1) In general.--In any case in which property has been
seized or restrained by the Government and a claim has been
filed, the Attorney General shall--
``(A) not later than 90 days after the date on
which the claim is filed (unless such requirement is
waived by mutual agreement between the Government and
the claimants), file a complaint for forfeiture in the
manner set forth in the Federal Rules of Civil
Procedure, Supplemental Rules for Certain Admiralty and
Maritime Claims, or include a forfeiture count in a
criminal indictment or information, or both; or
``(B) return the property pending the filing of a
complaint or indictment.
``(2) Extension of time.--
``(A) In general.--The Government may apply to a
Federal magistrate judge (as defined in the Federal
Rules of Criminal Procedure) in any district in which
venue for a forfeiture action would lie under section
1355(b) of title 28 for an extension of time in which
to comply with paragraph (1), which extension shall be
granted based on a showing of good cause.
``(B) Ex parte applications.--If an extension is
sought under this paragraph on the basis that the
filing required by paragraph (1) would jeopardize an
ongoing criminal investigation or prosecution or court-
authorized electronic surveillance, the application
under subparagraph (A) may be made ex parte.
``(3) Filing of claim and answer.--
``(A) In general.--Subject to subparagraph (B),
upon the filing of a civil complaint, the claimant
shall file a claim and answer in accordance with the
Federal Rules of Civil Procedure, Supplemental Rules
for Certain Admiralty and Maritime Claims.
``(B) Motion to dismiss.--After filing a timely
claim under subparagraph (A), a party with standing to
challenge the forfeiture may, within the time period
provided for filing of an answer under rule C(6) of the
Federal Rules of Civil Procedure, Supplemental Rules
for Certain Admiralty and Maritime Claims, file, in
lieu of an answer, a motion to dismiss the complaint
for failure to comply with rule E(2)(a) of the Federal
Rules of Civil Procedure, Supplemental Rules for
Certain Admiralty and Maritime Claims, or on any other
ground set for in rule 12(b) of the Federal Rules of
Civil Procedure. If such motion is denied, the claimant
shall file an answer within the period provided by rule
12(a)(4) of the Federal Rules of Civil Procedure, or
such other period as the court may determine.
``(4) Motion to dismiss complaint for forfeiture.--
``(A) In general.--If a complaint for forfeiture is
filed, a party with standing to challenge the
forfeiture may move to dismiss the complaint for
failure to comply with rule E(2) of the Federal Rules
of Civil Procedure, Supplemental Rules for Certain
Admiralty and Maritime Claims, or on any other ground
set forth in rule 12(b) of the Federal Rules of Civil
Procedure.
``(B) Insufficiency of evidence.--Notwithstanding section
615 of the Tariff Act of 1930 (19 U.S.C. 1615), a party may not
move to dismiss the complaint on the ground that the evidence
in the possession of the Government at the time the Government
filed its complaint was insufficient to establish the
forfeitability of the property.''.
SEC. 6. PROBABLE CAUSE HEARING.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(n) Probable Cause Hearing.--A person with standing to challenge
the forfeiture of property seized under this section may file a motion
for the return of the property in the manner described in rule 41(e) of
the Federal Rules of Criminal Procedure. If such motion is filed, the
court shall conduct a hearing within 90 days and shall order the
release of the property, pending trial on the forfeiture and the entry
of judgment, unless--
``(1) the Government establishes probable cause to believe
that the property is subject to forfeiture, based on all
information available to the Government at the time of the
hearing;
``(2) the Government has filed a civil forfeiture complaint
against the property, and a magistrate judge has determined
there is probable cause for the issuance of a warrant of arrest
in rem pursuant to the Federal Rules of Civil Procedure,
Supplemental Rules for Certain Admiralty and Maritime Claims;
``(3) a grand jury has returned an indictment that includes
an allegation that the property is subject to criminal
forfeiture;
``(4) the party filing the motion had notice of the intent
of the Government to forfeit the property administratively
pursuant to section 607(c) of the Tariff Act of 1930 (19 U.S.C.
1607(c)), and failed to file a claim to the property within the
specified time period;
``(5) the property is contraband or other property that the
moving party may not legally possess; or
``(6) the property is needed as evidence in a criminal
investigation or prosecution.
SEC. 7. AWARD OF ATTORNEYS' FEES TO SUCCESSFUL CLAIMANTS.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(o) Attorney Fees, Costs, Sanctions.--
``(1) In general.--Except as provided in paragraph (3), if
the party filing a claim in a civil forfeiture case is not
charged with any criminal offense in a related criminal case,
and the court enters judgment for that party on any ground
other than a ground set forth in subsection (r), the court
shall order the Government to pay costs and reasonable
attorneys' fees to the claimant. If the court enters judgment
in part for the claimant and in part for the Government, the
court shall reduce the award of costs and attorneys' fees
accordingly.
``(2) Sanctions.--If the court enters judgment for the
Government, and the court determines that the claim was
frivolous, counsel representing the claimant may be subject to
sanctions pursuant to rule 11 of the Federal Rules of Civil
Procedure, and the claimant may be ordered to reimburse the
Government for costs.
``(3) Exception.--If the claimant is a lienholder with a
secured interest in the property subject to forfeiture, and the
Government agrees to accept the claim and pay off the
lienholder at the conclusion of the case if the Government
prevails as to other claims, no costs or attorneys fees shall
be paid to the lienholder.''.
SEC. 8. SPECIAL PROVISIONS FOR REAL PROPERTY.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(p) Civil Forfeiture of Real Property.--
``(1) In general.--Notwithstanding any other provision of
law, all civil forfeitures of real property and interests in
real property shall proceed as judicial forfeitures. The
administrative forfeiture provisions of the Tariff Act of 1930
(19 U.S.C. 1602 et seq.) do not apply to the forfeiture of real
property.
``(2) Procedures.--
``(A) In general.--Except as otherwise provided in
this subsection, real property that is the subject of a
civil forfeiture action shall not be seized before
entry of an order of forfeiture nor shall the owners or
occupants of the real property be evicted from, or
otherwise deprived of the use and enjoyment of, real
property that is the subject of a pending forfeiture
action. In lieu of issuing an arrest warrant in rem as
prescribed by the Federal Rules of Civil Procedure,
Supplemental Rules for Certain Admiralty and Maritime
Claims, the court in which a civil forfeiture action
against real property is pending shall issue a notice
of complaint for forfeiture, which notice shall be
served on the property owner and posted on the
property. The posting of such notice shall be
sufficient to give the court in rem jurisdiction over
the property.
``(B) Constructive service of process.--If the
property owner cannot be served with the notice of
complaint for forfeiture because such owner is a
fugitive or resides outside of the United States, and
efforts at service pursuant to rule 4 of the Federal
Rules of Civil Procedure, are unavailing, or cannot be
located despite the exercise of due diligence,
constructive service may be made in accordance with the
laws of the State in which the property is located.
``(3) Seizure prior to entry of order of forfeiture.--Real
property may be seized prior to the entry of an order of
forfeiture if the Government notifies the court that the
Government intends to seize the property before trial, and the
court, before issuing any seizure warrant or arrest warrant in
rem--
``(A) issues a Notice of Application for Warrant,
causes the notice to be served on the property owner
and posted on the property, and conducts a hearing to
determine if there is probable cause for the
forfeiture; or
``(B) makes an ex parte determination that there is
probable cause for the forfeiture and that there are
exigent circumstances that permit the Government to
seize the property.
``(4) Post-seizure hearing.--If the court issues a seizure
warrant or arrest warrant in rem pursuant to paragraph (3)(B),
the court shall conduct a prompt post-seizure hearing during
which the property owner shall have an opportunity to contest
the basis for the seizure. If the real property is seized
before a complaint is filed, the Government shall file a
complaint, or institute criminal forfeiture proceedings, within
90 days of the seizure in accordance with subsection (m).
``(5) Actions not considered seizures.--For purposes of
this section, the filing of a lis pendens and the execution of
a writ of entry for the purpose of conducting an inspection and
inventory of the property shall not be considered a seizure.
``(6) Applicability.--This subsection applies only to civil
forfeitures of real property and interests in real property and
does not apply to forfeitures of the proceeds of the sale of
such property or interests, or of money or other assets
intended to be used to acquire such property or interests.
Nothing in this section may be construed to affect the
authority of the court to issue a restraining order affecting
real property.''.
SEC. 9. COMPENSATION FOR DAMAGE TO SEIZED
PROPERTY.
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 at the end the
following: ``, except that--
``(1) this chapter and section 1346(b) do apply to any
claim based on negligence involving the destruction, injury, or
loss of goods or merchandise while in the possession of any
officer of customs or excise or any other Federal law
enforcement officer, if--
``(A) the property was seized solely for the
purpose of forfeiture;
``(B) the interest of the claimant is not
forfeited; and
``(C) the claimant is not convicted of a crime for
which the interest of the claimant in the property
would be subject to forfeiture under Federal or State
law; and
``(2) damage to property occurring in the course of
carrying out a lawful law enforcement function, such as the
disassembly of goods and merchandise, may not be construed to
be the result of negligence, unless the law enforcement
function was carried out in an unreasonable manner''.
SEC. 10. UNIFORM INNOCENT OWNER DEFENSE.
(a) In General.--Chapter 46 of title 18, United States Code, is
amended by inserting after section 982 the following:
``Sec. 983. Innocent owners
``(a) The interest of an innocent owner in property shall not be
forfeited in any judicial action under any civil forfeiture provision
of this title, the Controlled Substances Act, or the Immigration and
Nationality Act.
``(b)(1) In this section, the term `innocent owner' means, with
respect to a property interest in existence at the time the illegal act
giving rise to forfeiture took place, an owner who--
``(A) did not know that the property was being used or was
likely to be used in the commission of such illegal act, or
``(B) upon learning that the property was being used or was
likely to be used in the commission of such illegal act, did
all that reasonably could be expected to terminate or to
prevent such use of the property.
``(2)(A) In this section, the term `innocent owner' means, with
respect to a property interest acquired after the act giving rise to
the forfeiture took place, a person who establishes, by a preponderance
of the evidence, that the person acquired the property as a bona fide
purchaser for value who at the time of the purchase did not know and
was reasonably without cause to believe that the property was subject
to forfeiture.
``(B) In this paragraph--
``(i) the term `purchaser' means a person who becomes an
owner of property or an interest in specific property by giving
money, goods, or services in exchange for such property;
``(ii) a purchaser is `reasonably without cause to believe
that the property was subject to forfeiture' if, in light of
the circumstances, the purchaser did all that reasonably could
be expected to ensure that he or she was not acquiring property
that was subject to forfeiture.
``(C) An otherwise valid claim under subparagraph (A) shall not be
denied on the ground that the claimant gave nothing of value in
exchange for the property if--
``(i) the property is the principal residence of the
claimant;
``(ii) depriving the claimant of the property would deprive
the claimant of the claimant's only means of maintaining
adequate shelter in the community for the claimant and all
dependents residing with the claimant;
``(iii) the property is not, and is not traceable to, the
proceeds of any criminal offense; and
``(iv) the claimant acquired his or her interest in the
property through marriage, divorce, or legal separation, or the
claimant was the spouse or legal dependent of a person whose
death resulted in the transfer of the property to the claimant
through inheritance or probate;
except that the court shall limit the value of any real property
interest for which innocent ownership is recognized under this
subparagraph to the value necessary to maintain adequate shelter in the
community for such claimant and all dependents residing with the
claimant.
``(3) Notwithstanding any provision of this section, no person may
assert an ownership interest under this section in contraband or other
property that is illegal to possess. Except as provided in paragraph
(2)(A), no person may assert an ownership interest under this section
in property that is the proceeds of any criminal offense, or is
traceable to the proceeds of any criminal offense, irrespective of
State property law.
``(4) An innocent owner defense under this section is an
affirmative defense.
``(c) In this section--
``(1) the term `owner'--
``(A) means a person with an ownership interest in
the specific property sought to be forfeited, including
a lien, mortgage, recorded security device, or valid
assignment of an ownership interest; and
``(B) does not include--
``(i) a person with only a general
unsecured interest in, or claim against, the
property or estate of another person;
``(ii) a bailee, unless the bailor is
identified, and the bailor has authorized the
bailee to claim in the forfeiture proceeding,
pursuant to the Federal Rules of Civil
Procedure, Supplemental Rules for Certain
Admiralty and Maritime Claims;
``(iii) a nominee who exercises no dominion
or control over the property; or
``(iv) a beneficiary of a constructive
trust; and
``(2) a person shall be considered to have known that his
or her property was being used or was likely to be used in the
commission of an illegal act, if the Government establishes the
existence of facts and circumstances that should have created a
reasonable suspicion that the property was being or would be
used for an illegal purpose.
``(d)(1) If the court determines, in accordance with this section,
that an innocent owner has a partial interest in property otherwise
subject to forfeiture, or a joint tenancy or tenancy by the entirety in
such property, the court shall enter an appropriate order--
``(A) severing the property;
``(B) transferring the property to the Government with a
provision that the Government compensate the innocent owner to
the extent of his or her ownership interest once a final order
of forfeiture has been entered and the property has been
reduced to liquid assets; or
``(C) if neither subparagraph (A) nor (B) is reasonably
practical under all of the circumstances, permitting the
innocent owner to retain the property subject to a lien in
favor of the Government to the extent of the forfeitable
interest in the property.
``(2) To effectuate the purposes of this subsection, a joint
tenancy or tenancy by the entireties shall be converted to a tenancy in
common by order of the court, irrespective of State law.''.
(b) Striking Superseded Provisions.--
(1) Civil forfeiture.--Section 981(a) of title 18, United
States Code, is amended--
(A) in paragraph (1), by striking ``Except as
provided in paragraph (2), the'' and inserting ``The'';
and
(B) by striking paragraph (2) and inserting the
following:
``(2) [Reserved].''.
(2) Drug forfeitures.--Paragraphs (4), (6), and (7) of
section 511(a) of the Controlled Substances Act (21 U.S.C.
881(a) (4), (6), and (7)) are each amended by striking ``,
except that'' and all that follows before the period at the
end.
(3) Forfeitures in connection with sexual exploitation of
children.--Paragraphs (2) and (3) of section 2254(a) of title
18, United States Code, are each amended by striking ``, except
that'' and all that follows before the period at the end.
(c) Conforming Amendment.--The analysis for chapter 46 of title 18,
United States Code, is amended by inserting after the item relating to
section 982 the following:
``983. Innocent owners.''.
SEC. 11. RELEASE OF PROPERTY IN HARDSHIP CASES.
(a) In General.--Chapter 46 of title 18, United States Code, is
amended by inserting after section 984 the following:
``Sec. 985. Release of property to avoid hardship
``(a) In General.--A person who has filed a claim in a civil
forfeiture action governed by the procedures set forth in this chapter
is entitled to release pursuant to subsection (b) of seized property
pending trial if--
``(1) the claimant has a possessory interest in the
property sufficient to establish standing to contest forfeiture
and has filed a nonfrivolous claim on the merits of the
forfeiture action;
``(2) the claimant has sufficient ties to the community to
provide assurance that the property will be available at the
time of the trial;
``(3) the continued possession by the United States pending
the final disposition of forfeiture proceedings will cause
substantial hardship to the claimant, such as preventing the
claimant from working, leaving the claimant homeless, or
preventing the functioning of a business;
``(4) the hardship to the claimant outweighs the risk that
the property will be destroyed, damaged, lost, concealed,
diminished in value or transferred if the property is returned
to the claimant during the pendency of the proceeding; and
``(5) none of the conditions set forth in subsection (c)
applies.
``(b) Procedures.--
``(1) In general.--The claimant may make a request for the
release of property under this subsection at any time after the
claim is filed. If, at the time the request is made, the
seizing agency has not yet referred the claim to a United
States attorney pursuant to section 608 of the Tariff Act of
1930 (19 U.S.C. 1608), the request may only be filed with the
seizing agency or the United States attorney to whom the claim
was referred. In either case, the request shall set forth the
basis on which the requirements of subsection (a)(1) are met.
``(2) Motion for return of seized property.--If the seizing
agency, or the United States attorney, as the case may be,
denies the request or fails to act on the request by the
deadline for filing a complaint for forfeiture in response to
the claim, as required under this chapter, the claimant may
file the request as a motion for the return of seized property
in the district court for the district represented by the
United States attorney to whom the claim was referred, or if
the claim has not yet been referred, in the district court that
issued the seizure warrant for the property, or if no warrant
was issued, in any district court that would have jurisdiction
to consider a motion for the return of seized property under
rule 41(e) of the Federal Rules of Criminal Procedure. The
motion shall set forth the basis on which the requirements of
subsection (a) have been met and the steps the claimant has
taken to secure the release of the property from the
appropriate official.
``(3) Action by district court.--The district court shall
act on a motion made pursuant to this subsection within 30 days
or as soon thereafter as practicable, and shall grant the
motion if the claimant establishes that the requirements of
subsection (a) have been met. All factual evidence shall be
submitted through affidavit. The Government, in responding to a
motion under this subsection, may in appropriate cases, submit
evidence ex parte in order to avoid disclosing any matter
relating to an ongoing criminal investigation or pending trial.
``(4) Court order to maintain value of property.--If the
court grants the motion, the court shall enter any order
necessary to ensure that the value of the property is
maintained while the forfeiture action is pending, including
permitting the inspection, photographing, and inventory of the
property, and the court may take action in accordance with rule
E of the Federal Rules of Civil Procedure, Supplemental Rules
for Certain Admiralty and Maritime Claims. If the property to
be returned is an airplane, a vessel, or a motor vehicle with a
value of greater than $25,000, the claimant shall post a bond
equal to the value of the property, unless the court waives the
bond for good cause. The Government may place a lien against
the property or file a lis pendens to ensure that the property
is not transferred to another person. The Government, in
responding to a motion under this subsection, may, in
appropriate cases, submit evidence ex parte in order to avoid
disclosing any matter relating to an ongoing criminal
investigation or pending trial.
``(5) Reinstatement of insurance.--Any insurance on the
subject property at the time of seizure shall be kept in force,
or shall be reinstated if it has been discontinued since the
time of seizure, prior to return of the property pursuant to
this subsection, and the court, in appropriate cases, may also
order that such insurance be obtained by the claimant as a
condition of release of the property. If property returned to
the claimant under this section is lost, stolen, or diminished
in value, any insurance proceeds shall be paid to the United
States and such proceeds shall be subject to forfeiture in
place of the property originally seized.
``(c) Inapplicability.--This section does not apply if the seized
property--
``(1) is contraband, currency, or other monetary
instrument, or electronic funds;
``(2) is evidence of a violation of the law;
``(3) by reason of design or other characteristic, is
particularly suited for use in illegal activities; or
``(4) is likely to be used to commit additional criminal
acts if returned to the claimant.
``(d) Change of Venue.--Once a motion for the release of property
under this section is filed, the party filing the motion or the
Government may request that the motion be transferred to another
district in which venue for the forfeiture action would lie under
section 1355(b) of title 28 pursuant to the change of venue provisions
in section 1404 of title 28.''.
(b) Conforming Amendment.--The analysis for chapter 46 of title 18,
United States Code, is amended by inserting after the item relating to
section 984 the following:
``985. Release of property to avoid hardship.''.
SEC. 12. STAY OF CIVIL FORFEITURE CASE.
(a) In General.--Section 981(g) of title 18, United States Code, is
amended to read as follows:
``(g) Stay of Civil Forfeiture Case.--
``(1) In general.--Upon the motion of the United States,
the court shall stay the civil forfeiture proceeding if the
court determines that civil discovery or trial could adversely
affect the ability of the Government to conduct a related
criminal investigation or the prosecution of a related criminal
case.
``(2) Stay of proceedings.--Upon the motion of a claimant,
the court shall stay the civil forfeiture proceeding with
respect to that claimant if the court determines that--
``(A) the claimant is the subject of a related
criminal investigation or case;
``(B) the claimant has standing to assert a claim
in the civil forfeiture proceeding; and
``(C) continuation of the forfeiture proceeding may
infringe upon the right of the claimant against self-
incrimination in the related investigation or case.
``(3) Protective order limiting discovery.--With respect to
the impact of civil discovery described in paragraphs (1) and
(2), the court may determine that a stay is unnecessary if a
protective order limiting discovery would protect the interest
of 1 party without unfairly limiting the ability of the
opposing party to pursue the civil case. In no case, however,
shall the court impose a protective order as an alternative to
a stay if the effect of such protective order would be to allow
1 party to pursue discovery while the other party is
substantially unable to do so.
``(4) Definitions.--In this subsection, the terms `related
criminal case' and `related criminal investigation' mean an
actual prosecution or investigation in progress at the time the
request for the stay, or any subsequent motion to lift the stay
is made. In determining whether a criminal case or
investigation is `related' to a civil forfeiture proceeding,
the court shall consider the degree of similarity between the
parties, witnesses, facts, and circumstances involved in the 2
proceedings without requiring an identity with respect to any 1
or more factors.
``(5) Presentations ex parte and under seal.--Any
presentation by the Government to the court under this
subsection that involves an ongoing criminal investigation or
prosecution shall be made ex parte and under seal.
``(6) Court order to preserve value of property.--Whenever
a civil forfeiture proceeding is stayed pursuant to this
subsection, the court shall enter any order necessary to
preserve the value of the property or to protect the rights of
lienholders or other persons with an interest in the property
while the stay is in effect.
``(7) Applicability of standing determination.--A
determination by the court that the claimant has standing to
request a stay pursuant to paragraph (2) shall apply only to
this subsection and shall not preclude the Government from
objecting to the standing of the claimant by dispositive motion
or at the time of trial.''.
(b) Drug Forfeitures.--Section 511(i) of the Controlled Substances
Act (21 U.S.C. 881(i)) is amended to read as follows:
``(i) The provisions of section 981(g) of title 18, United States
Code, regarding the stay of a civil forfeiture proceeding shall apply
to forfeitures under this section.''.
SEC. 13. PREJUDGMENT INTEREST.
(a) In General.--Section 2465 of title 28, United States Code, is
amended--
(1) by striking ``Upon'' and inserting the following:
``(a) In General.--Upon''; and
(2) by adding at the end the following:
``(b) Interest.--Upon entry of judgment for the claimant in any
proceeding to condemn or forfeit property seized or arrested under
provision of title 18, the Controlled Substances Act, or the
Immigration and Nationality Act, the United States--
``(1) shall be liable for post-judgment interest as set
forth in section 1961;
``(2) shall not be liable for prejudgment interest, except
that in cases involving currency or other negotiable
instruments, the United States shall disgorge to the claimant
any funds representing interest actually paid to the United
States from the date of seizure or arrest of the property, if
such interest resulted from the investment of the property in
an interest-bearing account or instrument; and
``(3) shall not be required to disgorge the value of any
intangible benefits nor to make any other payments of interest
or other compensation to the claimant not specifically
authorized by this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any judgment entered after the date of enactment of this Act.
SEC. 14. SEIZURE WARRANT REQUIREMENT.
(a) In General.--Section 981(b) of title 18, United States Code, is
amended to read as follows:
``(b) Seizure Warrant Requirement.--
``(1) In general.--Any property subject to forfeiture to
the United States under this section may be seized by the
Attorney General. In addition, in the case of property involved
in a violation investigated by the Secretary of the Treasury or
the United States Postal Service, the property may also be
seized by the Secretary of the Treasury or the United States
Postal Service, respectively.
``(2) Warrant requirement.--Any seizure pursuant to this
section shall be made pursuant to a warrant, which may be
issued by a magistrate judge in the same manner as provided for
a search warrant under the Federal Rules of Criminal Procedure,
except that a seizure may be made without a warrant if--
``(A) a complaint for forfeiture has been filed in
the district court and the court has issued an arrest
warrant in rem pursuant to the Federal Rules of Civil
Procedure, Supplemental Rules for Certain Admiralty and
Maritime Claims, based upon a showing of probable
cause;
``(B) there is probable cause to believe that the
property is subject to forfeiture and--
``(i) the seizure is made pursuant to a
lawful arrest or search; or
``(ii) another exception to the fourth
amendment warrant requirement would apply; or
``(C) the property was lawfully seized by a State
or local law enforcement agency and has been
transferred to a Federal agency.
``(3) Out-of-district warrants.--Notwithstanding rule 41(a)
of the Federal Rules of Criminal Procedure, a seizure warrant
may be issued pursuant to this subsection by a judicial officer
in any district in which a forfeiture action against the
property may be filed under section 1355(b) of title 28, and
executed in any district in which the property is found, or
transmitted to the central authority of any foreign state for
service in accordance with any treaty or other international
agreement. The judicial officer shall command the officer to
seize, within a specified period of time not to exceed 20 days,
the property specified in the warrant. Any motion for the
return of property seized under this section shall be filed in
the district in which the seizure warrant was issued.
``(4) Suppression of evidence.--A party with standing to
challenge a seizure and forfeiture under this section may move
to suppress the use of the property as evidence on the ground
that the Government lacked probable cause at the time of the
seizure. Suppression of the property as evidence shall not
affect the right of the Government to proceed with a forfeiture
action based on independently derived evidence.
``(5) Persons arrested abroad.--
``(A) If any person is arrested or charged in a
foreign country in connection with an offense that
would give rise to the forfeiture of property in the
United States under this section or under the
Controlled Substances Act, the Attorney General may
apply to any Federal judge or magistrate judge in the
district in which the property is located for an ex
parte order restraining the property subject to
forfeiture for not more than 30 days, except that the
time may be extended for good cause shown at a hearing
conducted in the manner provided in rule 43(e) of the
Federal Rules of Civil Procedure.
``(B) The application for the restraining order
shall set forth the nature and circumstances of the
foreign charges and the basis for belief that the
person arrested or charged has property in the United
States that would be subject to forfeiture, and shall
contain a statement that the restraining order is
needed to preserve the availability of property for
such time as is necessary to receive evidence from the
foreign country or elsewhere in support of probable
cause for the seizure of the property under this
subsection.''.
(b) Drug Forfeitures.--Section 511(b) of the Controlled Substances
Act (21 U.S.C. 881(b)) is amended to read as follows:
``(b) Any property subject to forfeiture to the United States under
this section may be seized by the Attorney General in the manner set
forth in section 981(b) of title 18, United States Code.''.
SEC. 15. CIVIL RESTRAINING ORDERS.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(q) Restraining Orders.--The court, before or after the filing of
a forfeiture complaint and on the application of the Government, may--
``(1) enter any restraining order or injunction pursuant to
section 413(e) of the Controlled Substances Act (21 U.S.C.
853(e));
``(2) require the execution of satisfactory performance
bonds;
``(3) create receiverships;
``(4) appoint conservators, custodians, appraisers,
accountants, or trustees; or
``(5) take any other action to seize, secure, maintain, or
preserve the availability of property subject to forfeiture
under this section.''.
SEC. 16. EXCESSIVE FINES.
Section 981 of title 18, United States Code, is amended by adding
at the end the following:
``(r) Excessive Fines.--At the conclusion of the trial and
following the entry of a verdict of forfeiture--
``(1) the claimant may petition the court to determine
whether the excessive fines clause of the eighth amendment to
the Constitution of the United States applies, and if so,
whether the forfeiture is grossly disproportional to the
gravity of the offense;
``(2) the claimant shall have the burden of establishing
that the forfeiture is grossly disproportional by a
preponderance of the evidence at a hearing conducted in the
manner provided in rule 43(e) of the Federal Rules of Civil
Procedure, by the court without a jury; and
``(3) if the court determines that the forfeiture is
grossly disproportional to the gravity of the offense, the
court shall adjust the forfeiture to the extent necessary to
avoid the constitutional violation.''.
SEC. 17. CIVIL INVESTIGATIVE DEMANDS.
(a) In General.--Section 981 of title 18, United States Code, is
amended by adding at the end the following:
``(s) Civil Investigative Demand.--In any investigation relating to
the seizure or forfeiture of property under this section, the Attorney
General, the Secretary of the Treasury, or their designee, may issue in
writing, and cause to be served, a subpoena for evidence of the nature,
and in the manner, described in section 3486.''.
(b) Obstruction of Civil Investigative Demand.--Section 1505 of
title 18, United States Code, is amended by inserting ``section 981(s)
of this title or'' before ``the Anti-Trust Civil Process Act''.
(c) Right to Financial Privacy Act Amendment.--Section 1120(b)(1)
of the Right to Financial Privacy Act (12 U.S.C. 3420(b)(1)) is amended
by inserting ``or civil investigative demand'' after ``a grand jury
subpoena''.
(d) Fair Credit Reporting Act Amendment.--Section 604(a)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended by
inserting ``or a civil investigative demand proceeding'' before the
period at the end.
SEC. 18. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.
Section 986 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Access to Records Located Abroad.--
``(1) In general.--In any civil forfeiture case, or in any
ancillary proceeding in any criminal forfeiture case governed
by section 413(n) of the Controlled Substances Act (21 U.S.C.
853(n)), in which--
``(A) financial records located in a foreign
country may be material--
``(i) to any claim or to the ability of the
Government to respond to such claim; or
``(ii) in a civil forfeiture case, to the
ability of the Government to establish the
forfeitability of the property; and
``(B) it is within the capacity of the claimant to
waive his or her rights under applicable financial
secrecy laws, or to obtain the records himself or
herself, so that the records can be made available, the
refusal of the claimant to provide the records in
response to a discovery request or take the action
necessary otherwise to make the records available shall
result in the dismissal of the claim with prejudice.
``(2) Privilege.--This subsection shall not affect the
right of the claimant to refuse production on the basis of any
privilege guaranteed by the Constitution of the United States
or any other provision of Federal law.''.
SEC. 19. COOPERATION AMONG FEDERAL PROSECUTORS.
Section 3322(a) of title 18, United States Code, is amended--
(1) by striking ``civil forfeiture under section 981 of
title 18, United States Code, of property described in section
981(a)(1)(C) of such title'' and inserting ``any civil
forfeiture provision of Federal law''; and
(2) by striking ``concerning a banking law violation''.
SEC. 20. ACCESS TO OTHER RECORDS.
Section 6103(i)(1) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(i)(1)) is amended--
(1) in subparagraph (A)(i), by inserting ``or related civil
forfeiture'' after ``enforcement of a specifically designated
Federal criminal statute''; and
(2) in subparagraph (B)(iii), by inserting ``or civil
forfeiture investigation or proceeding'' after ``Federal
criminal investigation or proceeding''.
SEC. 21. STATUTE OF LIMITATIONS FOR CIVIL FORFEITURE ACTIONS.
Section 621 of the Tariff Act of 1930 (19 U.S.C. 1621) is amended--
(1) by inserting ``, or in the case of forfeiture, within
five years after the time when the existence of the property
and the involvement of the property in the alleged offense were
discovered'' after ``within five years after the time when the
alleged offense was discovered'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) the provisions of section 2415(e) of title 28, United
States Code, shall apply to this section.''.
SEC. 22. DESTRUCTION OR REMOVAL OF PROPERTY TO PREVENT SEIZURE.
Section 2232 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or seizure'' after ``Physical
interference with search'';
(B) by inserting ``, including seizure for
forfeiture,'' after ``after seizure'';
(C) by striking ``searches and seizures'' after
``authorized to make'' and inserting ``searches or
seizures'';
(D) by striking ``or'' after ``wares,''; and
(E) by inserting ``, or other property, real or
personal,'' after ``merchandise''; and
(2) in subsection (b)--
(A) by inserting ``or seizure'' after ``Notice of
search'';
(B) by striking ``searches and seizures'' after
``authorized to make'' and inserting ``searches or
seizures'';
(C) by inserting ``, including seizure for
forfeiture,'' after ``likely to make a search or
seizure''; and
(D) by inserting ``real or personal,'' after
``merchandise or other property,''.
SEC. 23. FUNGIBLE PROPERTY IN BANK ACCOUNTS.
(a) In General.--Section 984 of title 18, United States Code, is
amended--
(1) by striking subsection (a) and redesignating
subsections (b), (c), and (d) as subsections (a), (b), and (c),
respectively; and
(2) by striking subsection (b), as redesignated, and
inserting the following:
``(b) The provisions of this section may be invoked only if the
action for forfeiture was commenced by a seizure or an arrest in rem
within 2 years of the offense that is the basis for the forfeiture.'';
(3) in subsection (c), as redesignated--
(A) by striking paragraph (1) and inserting the
following:
``(1) Subsection (a) does not apply to an action against
funds held by a financial institution in an interbank account
unless the account holder knowingly engaged in the offense that
is the basis for the forfeiture.''; and
(B) by adding at the end the following:
``(3) In this subsection, the term `financial institution'
includes a foreign bank, as defined in section 1(b)(7) of the
International Banking Act of 1978 (12 U.S.C. 3101).''; and
(4) by adding at the end the following:
``(d) Nothing in this section may be construed to limit the ability
of the Government to forfeit property under any provision of law if the
property involved in the offense giving rise to the forfeiture or
property traceable thereto is available for forfeiture.''.
(b) Effective Date.--The amendments made by this section shall
apply to any transaction occurring on or after October 28, 1992.
SEC. 24. CURRENCY SEIZED FROM DRUG COURIERS.
Section 511 of the Controlled Substances Act (21 U.S.C. 881) is
amended by inserting after subsection (j) the following:
``(k)(1) In any action with respect to the forfeiture of seized
currency pursuant to subsection (a)(6) of this section, or subparagraph
(A) or (B) of section 981(a)(1) of title 18, United States Code, the
finder of fact shall determine the nexus between the currency and the
drug trafficking offense based on the totality of the circumstances.
The presence or absence of any 1 factor shall not be dispositive.
``(2) In making a determination under paragraph (1), the finder of
fact may rely on any of the following factors as probative of a
connection between large quantities of currency and drug trafficking:
``(A) The currency was in excess of the amount normally
carried by legitimate leisure and business travelers, and was,
at the time of seizure, being transported through an airport,
on a highway, or at a port-of-entry.
``(B) The currency was packaged in bundles, concealed in
paper bags, wrapped in cellophane or other plastic wrap,
concealed under clothing, or otherwise being transported in a
highly unusual manner.
``(C) The currency was packaged with, or found in proximity
to, products or chemicals intended to conceal odors from a drug
detection dog, or had recently been washed or cleaned with
water or chemicals designed to remove such odors.
``(D) The person transporting the property (or any portion
thereof) provided false information to any law enforcement
officer or inspector who lawfully stopped the person for
investigative purposes or for purposes of a United States
border inspection.
``(E) The currency was found in close proximity to a
measurable quantity of any controlled substance.
``(F) The currency was the subject of a positive alert by a
properly trained dog that did not alert to a controlled sample
of currency.
``(G) The currency at issue was acquired during a period of
time when the person who acquired the property was engaged in a
drug trafficking offense or within a reasonable time after such
period, and there is no likely source for such property other
than that offense.
``(H) The person transporting the currency had associated
with, or was carrying telephone numbers, pager numbers, or
other information providing a means of contacting, persons
engaged in the illegal sale and distribution of controlled
substances.
``(I) The currency was, or was intended to be, transported,
transmitted, or transferred to or from a major drug-transit
country, a major illicit drug producing country, or a major
money laundering country, as determined pursuant to sections
481(e) and 490(h) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e) and 2291j(h)), as applicable.
``(J) Any person involved in the transportation or intended
delivery of the currency has been convicted in any Federal,
State, or foreign jurisdiction of a drug trafficking offense or
a felony involving money laundering, or is a fugitive from
prosecution for such offense.
``(3) The listing of probative factors in this subsection shall not
preclude the development of other judicially recognized factors, or the
establishment of a basis for forfeiture on criteria other than those
set forth in this subsection.
``(4) In this subsection, the term `drug trafficking offense' means
with respect to an action under--
``(A) subsection (a)(6), any illegal exchange involving a
controlled substance or other violation for which forfeiture is
authorized under that subsection;
``(B) section 981(a)(1)(B) of title 18, United States Code,
any offense against a foreign nation involving the manufacture,
importation, sale, or distribution of a controlled substance
for which forfeiture is authorized under that section; and
``(C) section 981(a)(1)(A) of title 18, United States Code,
an offense involving the felonious manufacture, importation,
receiving, concealment, buying, selling, or otherwise dealing
in a controlled substance, which constitutes a specified
unlawful activity (as defined in section 1956(c) of title 18,
United States Code).''.
SEC. 25. USE OF FORFEITED FUNDS TO PAY RESTITUTION TO CRIME VICTIMS.
(a) In General.--Section 981(e) of title 18, United States Code, is
amended by striking paragraph (6) and inserting the following:
``(6) as restoration to any victim of the offense giving
rise to the forfeiture, including, in the case of a money
laundering offense, any offense constituting the underlying
specified unlawful activity; or''.
(b) Proceeds of Crime.--Section 981(a)(1)(C) of title 18, United
States Code, is amended by striking ``affecting a financial
institution''.
SEC. 26. FUGITIVE DISENTITLEMENT.
(a) In General.--Chapter 163 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
``Any person who, in order to avoid criminal prosecution, purposely
leaves the jurisdiction of the United States, declines to enter or
reenter the United States to submit to its jurisdiction, or otherwise
evades the jurisdiction of the court in which a criminal case is
pending against the person, may not use the resources of the courts of
the United States in furtherance of a claim in any related civil
forfeiture action or a claim in third party proceedings in any related
criminal forfeiture action.''.
(b) Conforming Amendment.--The analysis for chapter 163 of title
28, United States Code, is amended by adding at the end the following:
``2466. Fugitive disentitlement.''.
(c) Effective Date.--The amendments made by this section shall
apply to any case pending on or after the date of enactment this Act.
SEC. 27. ENFORCEMENT OF FOREIGN FORFEITURE
JUDGMENT.
(a) In General.--Chapter 163 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2467. Enforcement of foreign judgment
``(a) Definitions.--In this section--
``(1) the term `foreign nation' means a country that has
become a party to the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances (referred
to in this section as the `United Nations Convention') or a
foreign jurisdiction with which the United States has a treaty
or other formal international agreement in effect providing for
mutual forfeiture assistance; and
``(2) the term `value-based confiscation judgment' means a
final order of a foreign nation compelling a defendant, as a
consequence of his or her criminal conviction for an offense
described in Article 3, Paragraph 1, of the United Nations
Convention, or any foreign offense described in section
1956(c)(7)(B) of title 18, to pay a sum of money representing
the proceeds of such offense, or property the value of which
corresponds to such proceeds.
``(b) Review by Attorney General.--
``(1) In general.--A foreign nation seeking to have its
value-based confiscation judgment registered and enforced by a
district court of the United States under this section shall
first submit a request to the Attorney General or the designee
of the Attorney General, which request shall include--
``(A) a summary of the facts of the case and a
description of the criminal proceeding that resulted in
the value-based confiscation judgment;
``(B) certified copies of the judgment of
conviction and value-based confiscation judgment;
``(C) an affidavit or sworn declaration
establishing that the defendant received notice of the
proceedings in sufficient time to enable the defendant
to defend against the charges and that the value-based
confiscation judgment rendered is in force and is not
subject to appeal;
``(D) an affidavit or sworn declaration that all
reasonable efforts have been undertaken to enforce the
value-based confiscation judgment against the property
of the defendant, if any, in the foreign country; and
``(E) such additional information and evidence as
may be required by the Attorney General or the designee
of the Attorney General.
``(2) Certification of request.--The Attorney General or
the designee of the Attorney General, in consultation with the
Secretary of State or the designee of the Secretary, shall
determine whether to certify the request, and such decision
shall be final and not subject to either judicial review or
review under subchapter II of chapter 5, or chapter 7, of title
5 (commonly known as the `Administrative Procedure Act').
``(c) Jurisdiction and Venue.--
``(1) In general.--If the Attorney General or the designee
of the Attorney General certifies a request under subsection
(b), the foreign nation may file a civil proceeding in district
court of the United States seeking to enforce the foreign
value-based confiscation judgment as if the judgment had been
entered by a court in the United States.
``(2) Proceedings.--In a proceeding filed under paragraph
(1)--
``(A) the foreign nation shall be the plaintiff and
the person against whom the value-based confiscation
judgment was entered shall be the defendant;
``(B) venue shall lie in the district court for the
District of Columbia or in any other district in which
the defendant or the property that may be the basis for
satisfaction of a judgment under this section may be
found; and
``(C) the district court shall have personal
jurisdiction over a defendant residing outside of the
United States if the defendant is served with process
in accordance with rule 4 of the Federal Rules of Civil
Procedure.
``(d) Entry and Enforcement of Judgment.--
``(1) In general.--Except as provided in paragraph (2), the
district court shall enter such orders as may be necessary to
enforce the value-based confiscation judgment on behalf of the
foreign nation if the court finds that--
``(A) the value-based confiscation judgment was
rendered under a system that provides impartial
tribunals or procedures compatible with the
requirements of due process of law;
``(B) the foreign court had personal jurisdiction
over the defendant;
``(C) the foreign court had jurisdiction over the
subject matter;
``(D) the defendant in the proceedings in the
foreign court received notice of the proceedings in
sufficient time to enable him or her to defend; and
``(E) the judgment was not obtained by fraud.
``(2) Exception.--Process to enforce a judgment under this
section shall be in accordance with rule 69(a) of the Federal
Rules of Civil Procedure.
``(e) Finality of Foreign Findings.--Upon a finding by the district
court that the conditions set forth in subsection (d) have been
satisfied, the court shall be bound by the findings of facts to the
extent that they are stated in the foreign judgment of conviction and
value-based confiscation judgment.
``(f) Currency Conversion.--The rate of exchange in effect at the
time the suit to enforce is filed by the foreign nation shall be used
in calculating the amount stated in any value-based confiscation
judgment requiring the payment of a sum of money submitted for
registration.''.
(b) Conforming Amendment.--The analysis for chapter 163 of title
28, United States Code, is amended by adding at the end the following:
``2467. Enforcement of foreign judgment.''.
SEC. 28. ENCOURAGING USE OF CRIMINAL FORFEITURE AS AN ALTERNATIVE TO
CIVIL FORFEITURE.
Section 2461 of title 28, United States Code, is amended by adding
at the end the following:
``(c) If a forfeiture of property is authorized in connection with
a violation of an Act of Congress, and any person is charged in an
indictment or information with such violation but no specific statutory
provision is made for criminal forfeiture upon conviction, the
Government may include the forfeiture in the indictment or information
in accordance with the Federal Rules of Criminal Procedure, and upon
conviction, the court shall order the forfeiture of the property in
accordance with the procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
853).''.
SEC. 29. APPLICATION OF PROCEDURES FOR DRUG CASES.
Section 511(d) of the Controlled Substances Act (21 U.S.C. 881(d))
is amended by adding at the end the following: ``Chapter 46 of title
18, United States Code, applies to any seizure or forfeiture under this
section, to the extent applicable and not inconsistent with this
section.''.
SEC. 30. APPLICATION OF PROCEDURES TO OTHER CIVIL FORFEITURES.
(a) In General.--Chapter 46 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 987. Application of procedures
``The procedures set forth in this chapter relating to civil
forfeiture shall apply to all civil forfeitures under any provision of
this title.''.
(b) Conforming Amendment.--The analysis for chapter 46 of title 18,
United States Code, is amended by adding at the end the following:
``987. Application of procedures.''.
SEC. 31. APPLICATION TO ALIEN SMUGGLING OFFENSES.
(a) Amendment of the Immigration and Nationality Act.-- Section
274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is
amended to read as follows:
``(b) Seizure and Forfeiture.--
``(1) In general.--Any conveyance, including any vessel,
vehicle, or aircraft, that has been or is being used in the
commission of a violation of subsection (a), the gross proceeds
of such violation, and any property traceable to such
conveyance or proceeds, shall be seized and subject to
forfeiture.
``(2) Applicable procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46 of title 18, United States Code, relating to civil
forfeitures, including section 981(d) of such title, except
that such duties as are imposed upon the Secretary of the
Treasury under the customs laws described in that section shall
be performed by such officers, agents, and other persons as may
be designated for that purpose by the Attorney General.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, any of the following shall be prima facie
evidence that an alien involved in the alleged violation had
not received prior official authorization to come to, enter, or
reside in the United States or that such alien had come to,
entered, or remained in the United States in violation of law:
``(A) Records of any judicial or administrative
proceeding in which that alien's status was an issue
and in which it was determined that the alien had not
received prior official authorization to come to,
enter, or reside in the United States or that such
alien had come to, entered, or remained in the United
States in violation of law.
``(B) Official records of the Service or of the
Department of State showing that the alien had not
received prior official authorization to come to,
enter, or reside in the United States or that such
alien had come to, entered, or remained in the United
States in violation of law.
``(C) Testimony, by an immigration officer having
personal knowledge of the facts concerning that alien's
status, that the alien had not received prior official
authorization to come to, enter, or reside in the
United States or that such alien had come to, entered,
or remained in the United States in violation of
law.''.
(b) Technical Corrections To Existing Criminal Forfeiture
Authority.-- Section 982(a)(7) of title 18, United States Code, is
amended--
(1) by striking ``(A)'';
(2) by striking subparagraph (B); and
(3) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(4) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively;
(5) by inserting ``section 274(a), 274A(a)(1), or
274A(a)(2) of the Immigration and Nationality Act or'' before
``section 1425'' the first place it appears;
(6) in subparagraph (A), as redesignated by this
subsection, by striking ``a violation of, or a conspiracy to
violate, subsection (a)'' and inserting ``the offense of which
the person is convicted''; and
(7) in subparagraph (B)(i) and (ii), as redesignated by
this subsection, by striking ``a violation of, or a conspiracy
to violate, subsection (a)'' and all that follows through ``of
this title'' each place it appears and inserting ``the offense
of which the person is convicted''.
SEC. 32. EFFECTIVE DATES.
(a) In General.--Unless otherwise specified in this Act, the
amendments made by this Act apply to any forfeiture proceeding
commenced on or after the date of enactment of this Act.
(b) Administrative Forfeitures.--The amendments made by this Act
relating to seizures and administrative forfeitures shall apply to
seizures occurring on or after the 90th day after the date of enactment
of this Act.
(c) Civil Judicial Forfeitures.--The amendments made by this Act
relating to judicial procedures applicable once a civil forfeiture
complaint is filed by the Government shall apply to any case in which
the forfeiture complaint is filed on or after the date of enactment of
this Act.
(d) Substantive Law.--The amendments made by this Act expanding
substantive forfeiture law to make property subject to civil or
criminal forfeiture that was not previously subject to civil or
criminal forfeiture shall apply to any offense occurring after the date
of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12108-12109)
Read twice and referred to the Committee on Judiciary.
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