II 

116TH CONGRESS 

1ST SESSION S. 4074 

To restore the integrity of the Fifth Amendment to the Constitution of 

the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2020 

Mr. PAUL (for himself, Mr. KING, Mr. CRAPO, and Mr. LEE) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To restore the integrity of the Fifth Amendment to the 

Constitution of the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fifth Amendment In5 tegrity Restoration Act of 2019’’ or the ‘‘FAIR Act’’. 

6 SEC. 2. CIVIL FORFEITURE PROCEEDINGS. 

7 Section 983 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (b)(2)(A)— 


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1 (A) by striking ‘‘, and the property subject 

2 to forfeiture is real property that is being used 

3 by the person as a primary residence,’’; and 

4 (B) by striking ‘‘, at the request of the 

5 person, shall insure’’ and inserting ‘‘shall en6 sure’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1), by striking ‘‘a pre9 ponderance of the evidence’’ and inserting 

10 ‘‘clear and convincing evidence’’; 

11 (B) in paragraph (2), by striking ‘‘a pre12 ponderance of the evidence’’ and inserting 

13 ‘‘clear and convincing evidence’’; and 

14 (C) by striking paragraph (3) and insert15 ing the following: 

16 ‘‘(3) if the Government’s theory of forfeiture is 

17 that the property was used to commit or facilitate 

18 the commission of a criminal offense, or was in19 volved in the commission of a criminal offense, the 

20 Government shall establish, by clear and convincing 

21 evidence, that— 

22 ‘‘(A) there was a substantial connection 

23 between the property and the offense; and 

24 ‘‘(B) the owner of any interest in the 

25 seized property— 


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1 ‘‘(i) used the property with intent to 

2 facilitate the offense; or 

3 ‘‘(ii) knowingly consented or was will4 fully blind to the use of the property by 

5 another in connection with the offense.’’; 

6 (3) in subsection (d)(2)(A), by striking ‘‘an 

7 owner who’’ and all that follows through ‘‘upon 

8 learning’’ and inserting ‘‘an owner who, upon learn9 ing’’; 

10 (4) in subsection (f)(6), in the matter preceding 

11 paragraph (7), by inserting ‘‘, and shall award to 

12 the claimant an amount equal to 3 times the value 

13 of the property seized and a reasonable attorney’s 

14 fee’’ before the period at the end; and 

15 (5) in subsection (i)— 

16 (A) by striking subparagraphs (A) and 

17 (B); and 

18 (B) by redesignating subparagraphs (C) 

19 through (E) as subparagraphs (A) through (C), 

20 respectively. 

21 SEC. 3. DISPOSITION OF FORFEITED PROPERTY. 

22 (a) REVISIONS TO CONTROLLED SUBSTANCES

23 ACT.—Section 511(e) of the Controlled Substances Act 

24 (21 U.S.C. 881(e)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘civilly or’’; 

3 (B) by striking subparagraph (A); and 

4 (C) by redesignating subparagraphs (B) 

5 through (E) as subparagraphs (A) through (D), 

6 respectively; 

7 (2) in paragraph (2)— 

8 (A) in subparagraph (A), in the matter 

9 preceding clause (i), by striking ‘‘subparagraph 

10 (B) of paragraph (1)’’ and inserting ‘‘para11 graph (1)(A)’’; and 

12 (B) in subparagraph (B), by striking ‘‘ac13 cordance with section 524(c) of title 28,’’ and 

14 inserting ‘‘the General Fund of the Treasury of 

15 the United States’’; 

16 (3) by striking paragraph (3); 

17 (4) by redesignating paragraph (4) as para18 graph (3); and 

19 (5) in paragraph (3), as redesignated— 

20 (A) in subparagraph (A), by striking 

21 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

22 (1)(A)’’; and 

23 (B) in subparagraph (B), in the matter 

24 preceding clause (i), by striking ‘‘paragraph 


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1 (1)(B) that is civilly or’’ and inserting para2 graph ‘‘(1)(A) that is’’. 

3 (b) REVISIONS TO TITLE 18.—Chapter 46 of title 18, 

4 United States Code, is amended— 

5 (1) in section 981(e)— 

6 (A) by striking ‘‘is authorized’’ and all that 

7 follows through ‘‘or forfeiture of the property;’’ 

8 and inserting ‘‘shall forward to the Treasurer of 

9 the United States any proceeds of property for10 feited pursuant to this section for deposit in the 

11 General Fund of the Treasury or transfer such 

12 property on such terms and conditions as such 

13 officer may determine—’’; 

14 (B) by redesignating paragraphs (3), (4), 

15 (5), (6), and (7) as paragraphs (1), (2), (3), 

16 (4), and (5), respectively; and 

17 (C) in the matter following paragraph (5), 

18 as so redesignated— 

19 (i) by striking the first, second, third, 

20 sixth, and eighth sentences; and 

21 (ii) by striking ‘‘paragraphs (3), (4), 

22 and (5)’’ and inserting ‘‘paragraphs (1), 

23 (2), and (3)’’; and 

24 (2) in section 983(g)— 


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1 (A) in paragraph (3), by striking ‘‘gross2 ly’’; and 

3 (B) in paragraph (4), by striking ‘‘gross4 ly’’. 

5 (c) TARIFF ACT OF 1930.—The Tariff Act of 1930 

6 (19 U.S.C. 1304 et seq.) is amended— 

7 (1) in section 613A(a) (19 U.S.C. 1613b(a))— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (D), by inserting 

10 ‘‘and’’ after the semicolon; 

11 (ii) in subparagraph (E), by striking 

12 ‘‘; and’’ and inserting a period; and 

13 (iii) by striking subparagraph (F); 

14 and 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘(A) Any payment’’ 

17 and inserting ‘‘Any payment’’; and 

18 (ii) by striking subparagraph (B); and 

19 (2) in section 616 (19 U.S.C. 1616a)— 

20 (A) in the section heading, by striking 

21 ‘‘TRANSFER OF FORFEITED PROPERTY’’ 

22 and inserting ‘‘DISMISSAL IN FAVOR OF

23 FORFEITURE UNDER STATE LAW’’; 

24 (B) in subsection (a), by striking ‘‘(a) The 

25 Secretary’’ and inserting ‘‘The Secretary’’; and 


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1 (C) by striking subsections (b) through 

2 (d). 

3 (d) TITLE 31.—Section 9705 of title 31, United 

4 States Code, is amended— 

5 (1) in subsection (a)(1)— 

6 (A) by striking subparagraph (G); and 

7 (B) by redesignating subparagraphs (H) 

8 through (J) as subparagraphs (G) through (I), 

9 respectively; and 

10 (2) in subsection (b)— 

11 (A) by striking paragraphs (2) and (4); 

12 and 

13 (B) by redesignating paragraphs (3) and 

14 (5) as paragraphs (2) and (3), respectively. 

15 SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE 

16 FUND DEPOSITS. 

17 Section 524(c)(4) of title 28, United States Code, is 

18 amended— 

19 (1) by striking subparagraphs (A) and (B); and 

20 (2) by redesignating subparagraphs (C) and 

21 (D) as subparagraphs (A) and (B), respectively. 

22 SEC. 5. STRUCTURING TRANSACTIONS TO EVADE REPORT23 ING REQUIREMENT PROHIBITED. 

24 (a) AMENDMENTS TO TITLE 31.—Section 5324 of 

25 title 31, United States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph (1), 

3 by inserting ‘‘knowingly’’ after ‘‘Public Law 

4 91–508’’; and 

5 (B) in paragraph (3), by inserting ‘‘of 

6 funds not derived from a legitimate source’’ 

7 after ‘‘any transaction’’; 

8 (2) in subsection (b), in the matter preceding 

9 paragraph (1), by inserting ‘‘knowingly’’ after ‘‘such 

10 section’’; and 

11 (3) in subsection (c), in the matter preceding 

12 paragraph (1), by inserting ‘‘knowingly’’ after ‘‘sec13 tion 5316’’. 

14 (b) PROBABLE CAUSE HEARING IN CONNECTION

15 WITH PROPERTY SEIZURES RELATING TO CERTAIN MON16 ETARY INSTRUMENTS TRANSACTIONS.— 

17 (1) AMENDMENT.—Section 5317 of title 31, 

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘(d) PROBABLE CAUSE HEARING IN CONNECTION

21 WITH PROPERTY SEIZURES RELATING TO CERTAIN MON22 ETARY INSTRUMENTS TRANSACTIONS.— 

23 ‘‘(1) IN GENERAL.—Not later than 14 days 

24 after the date on which notice is provided under 

25 paragraph (2)— 


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1 ‘‘(A) a court of competent jurisdiction shall 

2 conduct a hearing on any property seized or re3 strained under subsection (c)(2) with respect to 

4 an alleged violation of section 5324; and 

5 ‘‘(B) any property described in subpara6 graph (A) shall be returned unless the court 

7 finds that there is probable cause to believe that 

8 there is a violation of section 5324 involving the 

9 property. 

10 ‘‘(2) NOTICE.—Each person from whom prop11 erty is seized or restrained under subsection (c)(2) 

12 with respect to an alleged violation of section 5324 

13 shall be notified of the right of the person to a hear14 ing under paragraph (1).’’. 

15 (2) APPLICABILITY.—The amendment made by 

16 paragraph (1) shall apply to property seized or re17 strained after the date of enactment of this Act. 

18 SEC. 6. PROPORTIONALITY. 

19 Section 983(g)(2) of title 18, United States Code, is 

20 amended to read as follows: 

21 ‘‘(2) In making this determination, the court 

22 shall consider such factors as— 

23 ‘‘(A) the seriousness of the offense; 

24 ‘‘(B) the extent of the nexus of the prop25 erty to the offense; 


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1 ‘‘(C) the range of sentences available for 

2 the offense giving rise to forfeiture; 

3 ‘‘(D) the fair market value of the property; 

4 and 

5 ‘‘(E) the hardship to the property owner 

6 and dependents.’’. 

7 SEC. 7. REPORTING REQUIREMENTS. 

8 Section 524(c)(6)(i) of title 28, United States Code, 

9 is amended by inserting ‘‘from each type of forfeiture, and 

10 specifically identifying which funds were obtained from in11 cluding criminal forfeitures and which were obtained from 

12 civil forfeitures,’’ after ‘‘deposits’’. 

13 SEC. 8. NONJUDICIAL FORFEITURE. 

14 Section 983 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in the subsection heading, by striking 

18 ‘‘CLAIM;’’; 

19 (B) in paragraph (1)— 

20 (i) in subparagraph (A)— 

21 (I) in clause (i)— 

22 (aa) by striking ‘‘clauses (ii) 

23 through (v), in any nonjudicial’’ 

24 and inserting ‘‘clause (ii), in 

25 any’’; and 


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1 (bb) by striking ‘‘60’’ and 

2 inserting ‘‘7’’; 

3 (II) by striking clauses (ii) 

4 through (iv); 

5 (III) by redesignating clause (v) 

6 as clause (ii); and 

7 (IV) by striking clause (ii), as so 

8 redesginated, and inserting the fol9 lowing: 

10 ‘‘(ii) If the identity or interest of a 

11 party is not determined until after the sei12 zure or turnover but is determined before 

13 a declaration of forfeiture is entered, the 

14 Government shall determine the identity 

15 and address of the party or interest within 

16 7 days after the seizure or turnover, and 

17 notice shall be sent to such interested 

18 party not later than 7 days after the deter19 mination by the Government of the identity 

20 and address of the party or the party’s in21 terest.’’; 

22 (ii) by striking subparagraphs (B) 

23 through (D); 


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1 (iii) by redesignating subparagraphs 

2 (D) through (F) as subparagraphs (B) 

3 through (D), respectively; and 

4 (iv) in subparagraph (C), as so redes5 ignated, by striking ‘‘nonjudicial’’; 

6 (C) by striking paragraph (2); 

7 (D) by redesignating paragraphs (3) and 

8 (4) as paragraphs (2) and (3), respectively; and 

9 (E) in paragraph (2)(A), as so redesig10 nated— 

11 (i) by striking ‘‘90’’ and inserting 

12 ‘‘30’’; and 

13 (ii) by striking ‘‘after a claim has 

14 been filed’’ and inserting ‘‘the date of the 

15 seizure’’; 

16 (2) in subsection (b)— 

17 (A) by striking paragraph (1)(A) and in18 serting the following: 

19 ‘‘(1)(A) If a person with standing to contest the 

20 forfeiture of property in a judicial civil forfeiture 

21 proceeding under a civil forfeiture statute is— 

22 ‘‘(i) financially unable to obtain represen23 tation by counsel; or 

24 ‘‘(ii) the cost of obtaining representation 

25 would exceed the value of the seized property, 


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1 the court may authorize or appoint counsel to 

2 represent that person with respect to the 

3 claim.’’; 

4 (B) in subparagraph (1)(B), by inserting 

5 ‘‘or appoint’’ after ‘‘authorize’’; and 

6 (C) in paragraph (2)(A), by inserting 

7 ‘‘under paragraph (1)’’ after ‘‘counsel’’; 

8 (3) in subsection (d)(1), by striking the second 

9 sentence; 

10 (4) in subsection (e)— 

11 (A) in paragraph (1), in the matter pre12 ceding subparagraph (A)— 

13 (i) by striking ‘‘nonjudicial’’; and 

14 (ii) by striking ‘‘a declaration’’ and in15 serting ‘‘an order’’; 

16 (B) in paragraph (2)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘declaration’’ and inserting ‘‘order’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

21 ‘‘(B) Any proceeding described in subparagraph 

22 (A) shall be commenced within 6 months of the 

23 entry of the order granting the motion.’’; and 

24 (C) by striking paragraph (5); 


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1 (5) in subsection (f)(1), in the matter preceding 

2 subparagraph (A), by striking ‘‘(a)’’ and inserting 

3 ‘‘(a)(3)(A)’’; 

4 (6) in subsection (g)(1), by striking ‘‘(a)(4)’’ 

5 and inserting ‘‘(a)(3)’’; and 

6 (7) by adding at the end the following: 

7 ‘‘(k)(1) Notwithstanding any other provision of law— 

8 ‘‘(A) no Federal seizing agency may conduct 

9 nonjudicial forfeitures; 

10 ‘‘(B) no property may be subject to forfeiture 

11 except through judicial process; and 

12 ‘‘(C) no order of forfeiture may be entered ex13 cept by a United States district court. 

14 ‘‘(2) In this subsection, the term ‘nonjudicial for15 feiture’ means an in rem action that permits the Federal 

16 seizing agency to start a forfeiture without judicial in17 volvement.’’. 

18 SEC. 9. APPLICABILITY. 

19 The amendments made by this Act shall apply to— 

20 (1) any civil forfeiture proceeding pending on or 

21 filed on or after the date of enactment of this Act; 

22 and 


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1 (2) any amounts received from the forfeiture of 

2 property on or after the date of enactment of this 

3 Act. 

Æ 


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