I 

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. CA ́RDENAS) 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. 

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 2014’’ or the ‘‘FAIR Act’’. 

6 SEC. 2. CIVIL FORFEITURE PROCEEDINGS. 

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

8 amended— 


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1 (1) in subsection (c)— 

2 (A) in paragraph (1), by striking ‘‘a pre3 ponderance of the evidence’’ and inserting 

4 ‘‘clear and convincing evidence’’; 

5 (B) in paragraph (2), by striking ‘‘a pre6 ponderance of the evidence’’ and inserting 

7 ‘‘clear and convincing evidence’’; and 

8 (C) by striking paragraph (3) and insert9 ing the following: 

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

11 that the property used to commit or facilitate the 

12 commission of a criminal offense, or was involved in 

13 the commission of a criminal offense, the Govern14 ment shall establish, by clear and convincing evi15 dence, that— 

16 ‘‘(A) there was a substantial connection 

17 between the property and the offense; and 

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

19 seized property— 

20 ‘‘(i) intentionally used the property in 

21 connection with the offense; or 

22 ‘‘(ii) knowingly consented or was will23 fully blind to the use of the property by 

24 another in connection with the offense.’’; 

25 and 


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

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

3 learning’’ and inserting ‘‘an owner who upon learn4 ing’’. 

5 SEC. 3. DISPOSITION OF FORFEITED PROPERTY. 

6 (a) REVISIONS TO CONTROLLED SUBSTANCES

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

8 (21 U.S.C. 881(e)) is amended— 

9 (1) in paragraph (1), by striking ‘‘civilly or’’; 

10 (2) in paragraph (2)(B), by striking ‘‘accord11 ance with section 524(c) of title 28,’’ and inserting 

12 ‘‘the General Fund of the Treasury of the United 

13 States’’; and 

14 (3) in paragraph (4)(B), by striking ‘‘civilly 

15 or’’. 

16 (b) REVISIONS TO TITLE 18.—Section 981(e) of title 

17 18, United States Code, is amended— 

18 (1) by striking ‘‘is authorized’’ and all that fol19 lows through ‘‘or forfeiture of the property;’’ and in20 serting ‘‘may forward to the Treasurer of the United 

21 States any proceeds of property forfeited pursuant 

22 to this section for deposit in the General Fund of 

23 the Treasury or transfer such property on such 

24 terms and conditions as such officer may deter25 mine—’’; 


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1 (2) by redesignating paragraphs (3), (4), (5), 

2 (6), and (7) as paragraphs (1), (2), (3), (4), and 

3 (5), respectively; and 

4 (3) in the matter following paragraph (5), as so 

5 redesignated— 

6 (A) by striking the first, second, and third 

7 sentences; and 

8 (B) by striking ‘‘paragraphs (3), (4), and 

9 (5)’’ and inserting ‘‘paragraphs (1), (2), and 

10 (3)’’. 

11 SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE 

12 FUND DEPOSITS. 

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

14 amended— 

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

16 (2) by redesignating subparagraphs (C) and 

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

18 SEC. 5. 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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