skip to main content

H.R. 5502 (113th): FAIR Act

The text of the bill below is as of Sep 17, 2014 (Introduced).


I

113th CONGRESS

2d Session

H. R. 5502

IN THE HOUSE OF REPRESENTATIVES

September 17, 2014

(for himself, Mr. Walberg, and Mr. Cárdenas) 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.

Short title

This Act may be cited as the Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act .

2.

Civil forfeiture proceedings

Section 983 of title 18, United States Code, is amended—

(1)

in subsection (c)—

(A)

in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence;

(B)

in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence; and

(C)

by striking paragraph (3) and inserting 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 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—

(i)

intentionally used the property in connection with the offense; or

(ii)

knowingly consented or was willfully blind to the use of the property by another in connection with the offense.

; and

(2)

in subsection (d)(2)(A), by striking an owner who and all that follows through upon learning and inserting an owner who upon learning.

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 accordance 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 follows through or forfeiture of the property; and inserting 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 determine—;

(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).

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.

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

(2)

any amounts received from the forfeiture of property on or after the date of enactment of this Act.