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 consider-
ation 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fifth Amendment In-
tegrity Restoration Act of 2014’’ or the ‘‘FAIR Act’’. 
SEC. 2. CIVIL FORFEITURE PROCEEDINGS. 
Section 983 of title 18, United States Code, is 
amended— 
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(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘a pre-
ponderance of the evidence’’ and inserting 
‘‘clear and convincing evidence’’; 
(B) in paragraph (2), by striking ‘‘a pre-
ponderance of the evidence’’ and inserting 
‘‘clear and convincing evidence’’; and 
(C) by striking paragraph (3) and insert-
ing 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 Govern-
ment shall establish, by clear and convincing evi-
dence, 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 will-
fully blind to the use of the property by 
another in connection with the offense.’’; 
and 
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(2) in subsection (d)(2)(A), by striking ‘‘an 
owner who’’ and all that follows through ‘‘upon 
learning’’ and inserting ‘‘an owner who upon learn-
ing’’. 
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 ‘‘accord-
ance 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 fol-
lows through ‘‘or forfeiture of the property;’’ and in-
serting ‘‘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 deter-
mine—’’; 
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(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 
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(2) any amounts received from the forfeiture of 
property on or after the date of enactment of this 
Act. 
Æ 
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