I 
117TH CONGRESS 
1ST SESSION H. R. 2857 
To restore the integrity of the Fifth Amendment to the Constitution of 
the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2021 
Mr. WALBERG (for himself, Mr. RASKIN, Mr. MCCLINTOCK, Mr. CA´RDENAS, 
Mr. RUSH, and Mr. ARMSTRONG) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Energy and Commerce, Ways and Means, and Financial Serv-
ices, 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 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 2021’’ 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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(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)(A)(i) of title 28, United States 
Code, is amended by inserting ‘‘from each type of for-
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feiture, and specifically identifying which funds were ob-
tained from including 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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