FAIR Act

Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act - Amends the federal criminal code to increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence. Requires the government, in addition to showing a substantial connection between the seized property and the offense in a forfeiture proceeding, to establish by clear and convincing evidence that the owner of any interest in the seized property intentionally used the property in connection with the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense.

Requires proceeds from the disposition of forfeited property to be deposited into the General Fund of the Treasury, rather than to Department of Justice (DOJ) accounts for law enforcement activities.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5502 Introduced in House (IH)]

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. Cardenas) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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''.

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 ``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)''.

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