Fifth Amendment Integrity Restoration Act of 2019 or the FAIR Act
This bill revises the procedure for and the structure of civil forfeiture.
First, the bill revises the general rules for civil forfeiture proceedings. Specifically, it (1) requires the right to counsel in all civil forfeiture proceedings, (2) raises the evidentiary standard to clear and convincing evidence for the civil forfeiture of property, (3) requires the government to establish by clear and convincing evidence that the owner of the seized property used the property with the intent to facilitate the criminal offense or knowingly consented or was willfully blind to its use in connection with the offense, and (4) expands the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive.
Next, it requires the proceeds from the disposition of seized property to be deposited into the Treasury, rather than to Department of Justice accounts for law enforcement activities.
Additionally, the bill eliminates equitable sharing payments (which allow the federal government to share federally forfeited property with participating states and local law enforcement agencies).
It also adds a mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. Further, it requires a probable cause hearing to be held within 14 days to determine if there is a violation for structuring financial transactions to evade reporting requirements, and requires the return of a monetary instrument if probable cause is not established.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1895 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1895
To restore the integrity of the Fifth Amendment to the Constitution of
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2019
Mr. Walberg (for himself, Mr. Raskin, Mr. Massie, Mr. Cardenas, Mr.
McClintock, and Mr. Rush) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Energy and Commerce, Ways and Means, and Financial
Services, 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 2019'' or the ``FAIR Act''.
SEC. 2. CIVIL FORFEITURE PROCEEDINGS.
Section 983 of title 18, United States Code, is amended--
(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 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 was 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) used the property with intent to
facilitate the offense; or
``(ii) knowingly consented or was willfully
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 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)--
(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 (B) of paragraph
(1)'' and inserting ``paragraph (1)(A)''; and
(B) in subparagraph (B), by striking ``accordance
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 paragraph (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 paragraph ``(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 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--'';
(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 ``paragraph (3), (4), or
(5)'' and inserting ``paragraph (1), (2), or
(3)''; and
(2) in section 983(g)--
(A) in paragraph (3), by striking ``grossly''; and
(B) in paragraph (4), by striking ``grossly''.
(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;
(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 9705 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)--
(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 REPORTING 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
(3) in subsection (c), in the matter preceding paragraph
(1), by inserting ``knowingly'' after ``section 5316''.
(b) Probable Cause Hearing in Connection With Property Seizures
Relating to Certain Monetary 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 Monetary 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 restrained
under subsection (c)(2) with respect to an alleged
violation of section 5324; and
``(B) any property described in subparagraph (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.
``(2) Notice.--Each person from whom property 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 hearing under paragraph (1).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to property seized or restrained 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 property 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 specifically identifying
which funds were obtained 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line