1. Short title
This Act may be cited as the “Fifth Amendment Integrity Restoration Act of 2014” or the “FAIR Act”.
Fifth Amendment Integrity Restoration Act of 2014
A BILL
To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.
2. Civil forfeiture proceedings
Section 983 of title 18, United States Code, is amended—
in subsection (c)—
in paragraph (1), by striking “a preponderance of the evidence” and inserting “clear and convincing evidence”;
in paragraph (2), by striking “a preponderance of the evidence” and inserting “clear and convincing evidence”; and
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.”
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
Revisions to Controlled Substances Act— Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended—
in paragraph (1), by striking “civilly or”;
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
in paragraph (4)(B), by striking “civilly or”.
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—”;
by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and
in the matter following paragraph (5), as so redesignated—
by striking the first, second, and third sentences; and
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—
by striking subparagraphs (A) and (B); and
by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively.