I 
114TH CONGRESS 
1ST SESSION 
H. R. 540 
To restore the integrity of the Fifth Amendment to the Constitution of 
the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2015 
Mr. WALBERG (for himself, Mr. CA´RDENAS, Mr. ELLISON, Mr. GARRETT, and 
Mr. MCCLINTOCK) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on En-
ergy and Commerce, Ways and Means, and Financial Services, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 2015’’ 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 (b)(2)(A)— 
(A) by striking ‘‘, and the property subject 
to forfeiture is real property that is being used 
by the person as a primary residence,’’; and 
(B) by striking ‘‘, at the request of the 
person, shall insure’’ and insert ‘‘shall ensure’’; 
(2) 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 was used to commit or facilitate 
the commission of a criminal offense, or was in-
volved 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— 
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‘‘(i) used the property with intent to 
facilitate 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 
(3) 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)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘civilly or’’; 
(B) by striking subparagraph (A); and 
(C) by redesignating subparagraphs (B) 
through (E) as subparagraphs (A) through (D), 
respectively; 
(2) in paragraph (2)— 
(A) in subparagraph (A), in the matter 
preceding clause (i), by striking ‘‘subparagraph 
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(B) of paragraph (1)’’ and inserting ‘‘para-
graph (1)(A)’’; and 
(B) in subparagraph (B), by striking ‘‘ac-
cordance with section 524(c) of title 28,’’ and 
inserting ‘‘the General Fund of the Treasury of 
the United States’’; 
(3) by striking paragraph (3); 
(4) by redesignating paragraph (4) as para-
graph (3); and 
(5) in paragraph (3), as redesignated— 
(A) in subparagraph (A), by striking 
‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 
(1)(A)’’; and 
(B) in subparagraph (B), in the matter 
preceding clause (i), by striking ‘‘paragraph 
(1)(B) that is civilly or’’ and inserting para-
graph ‘‘(1)(A) that is’’. 
(b) REVISIONS TO TITLE 18.—Chapter 46 of title 18, 
United States Code, is amended— 
(1) in section 981(e)— 
(A) by striking ‘‘is authorized’’ and all that 
follows through ‘‘or forfeiture of the property;’’ 
and inserting ‘‘shall forward to the Treasurer of 
the United States any proceeds of property for-
feited pursuant to this section for deposit in the 
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General Fund of the Treasury or transfer such 
property on such terms and conditions as such 
officer may determine—’’; 
(B) by redesignating paragraphs (3), (4), 
(5), (6), and (7) as paragraphs (1), (2), (3), 
(4), and (5), respectively; and 
(C) in the matter following paragraph (5), 
as so redesignated— 
(i) by striking the first, second, third, 
sixth, and eighth sentences; and 
(ii) by striking ‘‘paragraphs (3), (4), 
and (5)’’ and inserting ‘‘paragraphs (1), 
(2), and (3)’’; and 
(2) in section 983(g)— 
(A) in paragraph (3), by striking ‘‘gross-
ly’’; and 
(B) in paragraph (4), by striking ‘‘gross-
ly’’. 
(c) TARIFF ACT OF 1930.—The Tariff Act of 1930 
(19 U.S.C. 1304 et seq.) is amended— 
(1) in section 613A(a) (19 U.S.C. 1613b(a))— 
(A) in paragraph (1)— 
(i) in subparagraph (D), by inserting 
‘‘and’’ after the semicolon; 
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(ii) in subparagraph (E), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (F); 
and 
(B) in paragraph (2)— 
(i) by striking ‘‘(A) Any payment’’ 
and inserting ‘‘Any payment’’; and 
(ii) by striking subparagraph (B); and 
(2) in section 616 (19 U.S.C. 1616a)— 
(A) in the section heading, by striking 
‘‘TRANSFER
OF
FORFEITED
PROPERTY’’ 
and inserting ‘‘DISMISSAL
IN
FAVOR
OF 
FORFEITURE UNDER STATE LAW’’; 
(B) in subsection (a), by striking ‘‘(a) The 
Secretary’’ and inserting ‘‘The Secretary’’; and 
(C) by striking subsections (b) through 
(d). 
(d) TITLE 31.—Section 9703 of title 31, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking subparagraph (G); and 
(B) by redesignating subparagraphs (H) 
through (J) as subparagraphs (G) through (I), 
respectively; and 
(2) in subsection (b)— 
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(A) by striking paragraphs (2) and (4); 
and 
(B) by redesignating paragraphs (3) and 
(5) as paragraphs (2) and (3), respectively. 
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. STRUCTURING TRANSACTIONS TO EVADE REPORT-
ING REQUIREMENT PROHIBITED. 
(a) AMENDMENTS TO TITLE 31.—Section 5324 of 
title 31, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘knowingly’’ after ‘‘Public Law 
91–508’’; and 
(B) in paragraph (3), by inserting ‘‘of 
funds not derived from a legitimate source’’ 
after ‘‘any transaction’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1), by inserting ‘‘knowingly’’ after ‘‘such 
section’’; and 
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(3) in subsection (c), in the matter preceding 
paragraph (1), by inserting ‘‘knowingly’’ after ‘‘sec-
tion 5316’’. 
(b) PROBABLE CAUSE HEARING
IN CONNECTION 
WITH PROPERTY SEIZURES RELATING TO CERTAIN MON-
ETARY INSTRUMENTS TRANSACTIONS.— 
(1) AMENDMENT.—Section 5317 of title 31, 
United States Code, is amended by adding at the 
end the following: 
‘‘(d) PROBABLE CAUSE HEARING IN CONNECTION 
WITH PROPERTY SEIZURES RELATING TO CERTAIN MON-
ETARY INSTRUMENTS TRANSACTIONS.— 
‘‘(1) IN
GENERAL.—Not later than 14 days 
after the date on which notice is provided under 
paragraph (2)— 
‘‘(A) a court of competent jurisdiction shall 
conduct a hearing on any property seized or re-
strained under subsection (c)(2) with respect to 
an alleged violation of section 5324; and 
‘‘(B) any property described in subpara-
graph (A) shall be returned unless the court 
finds that there is probable cause to believe that 
there is a violation of section 5324 involving the 
property. 
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‘‘(2) NOTICE.—Each person from whom prop-
erty is seized or restrained under subsection (c)(2) 
with respect to an alleged violation of section 5324 
shall be notified of the right of the person to a hear-
ing under paragraph (1).’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply to property seized or re-
strained after the date of enactment of this Act. 
SEC. 6. PROPORTIONALITY. 
Section 983(g)(2) of title 18, United States Code, is 
amended to read as follows: 
‘‘(2) In making this determination, the court 
shall consider such factors as— 
‘‘(A) the seriousness of the offense; 
‘‘(B) the extent of the nexus of the prop-
erty to the offense; 
‘‘(C) the range of sentences available for 
the offense giving rise to forfeiture; 
‘‘(D) the fair market value of the property; 
and 
‘‘(E) the hardship to the property owner 
and dependents.’’. 
SEC. 7. REPORTING REQUIREMENTS. 
Section 524(c)(6)(i) of title 28, United States Code, 
is amended by inserting ‘‘from each type of forfeiture, and 
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specifically identifying which funds were obtained from in-
cluding criminal forfeitures and which were obtained from 
civil forfeitures,’’ after ‘‘deposits’’. 
SEC. 8. 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. 
Æ 
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