[Congressional Bills 113th Congress] [From the U.S. Government Publishing Office] [H.R. 5502 Introduced in House (IH)] 113th CONGRESS 2d Session H. R. 5502 To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Garrett (for himself, Mr. Walberg, and Mr. Cardenas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To restore the integrity of the Fifth Amendment to the Constitution of the United States, 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. This Act may be cited as the ``Fifth Amendment Integrity Restoration Act of 2014'' or the ``FAIR Act''. SEC. 2. CIVIL FORFEITURE PROCEEDINGS. Section 983 of title 18, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``a preponderance of the evidence'' and inserting ``clear and convincing evidence''; (B) in paragraph (2), by striking ``a preponderance of the evidence'' and inserting ``clear and convincing evidence''; and (C) by striking paragraph (3) and inserting the following: ``(3) if the Government's theory of forfeiture is that the property used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that-- ``(A) there was a substantial connection between the property and the offense; and ``(B) the owner of any interest in the seized property-- ``(i) intentionally used the property in connection with the offense; or ``(ii) knowingly consented or was willfully blind to the use of the property by another in connection with the offense.''; and (2) in subsection (d)(2)(A), by striking ``an owner who'' and all that follows through ``upon learning'' and inserting ``an owner who upon learning''. SEC. 3. DISPOSITION OF FORFEITED PROPERTY. (a) Revisions to Controlled Substances Act.--Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended-- (1) in paragraph (1), by striking ``civilly or''; (2) in paragraph (2)(B), by striking ``accordance with section 524(c) of title 28,'' and inserting ``the General Fund of the Treasury of the United States''; and (3) in paragraph (4)(B), by striking ``civilly or''. (b) Revisions to Title 18.--Section 981(e) of title 18, United States Code, is amended-- (1) by striking ``is authorized'' and all that follows through ``or forfeiture of the property;'' and inserting ``may forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine--''; (2) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (3) in the matter following paragraph (5), as so redesignated-- (A) by striking the first, second, and third sentences; and (B) by striking ``paragraphs (3), (4), and (5)'' and inserting ``paragraphs (1), (2), and (3)''. SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND DEPOSITS. Section 524(c)(4) of title 28, United States Code, is amended-- (1) by striking subparagraphs (A) and (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply to-- (1) any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and (2) any amounts received from the forfeiture of property on or after the date of enactment of this Act. <all>