,i #aafth ,,congress #ast ,session ,h4 ,r4 #ahie ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjai ,mr4 ,walberg 7for himself1 ,mr4 ,raskin1 ,mr4 ,massie1 ,mr4 ,crdenas1 ,mr4 ,mc,clintock1 and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,energy and ,commerce1 ,ways and ,means1 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fifth ,amendment ,integrity ,restoration ,act of #bjai or the ,,fair ,act4 #b4 ,civil forfeiture proceedings ,section #ihc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,a7-- 7,a7 by striking 1 and the property subject to forfeiture is real property that is being used by the person as a primary residence12 and 7,b7 by striking 1 at the request of the person1 shall insure and insert shall ensure2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking a preponderance of the evidence and inserting clear and convincing evidence2 7,b7 in paragraph 7#b71 by striking a preponderance of the evidence and inserting clear and convincing evidence2 and 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 if the ,government's theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense1 or was involved in the commission of a criminal offense1 the ,government shall establish1 by clear and convincing evidence1 that-- 7,a7 there was a substantial connection between the property and the offense2 and 7,b7 the owner of any interest in the seized property-- 7i7 used the property with intent to facilitate the offense2 or 7ii7 knowingly consented or was willfully blind to the use of the property by another in connection with the offense4 2 and 7#c7 in subsection 7d77#b77;,a71 by striking an owner who and all that follows through upon learning and inserting an owner who1 upon learning4 #c4 ,disposition of forfeited property 7a7 ,revisions to ,controlled ,substances ,act ,section #eaa7;e7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hha7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking civilly or2 7,b7 by striking subparagraph 7,a72 and 7,c7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,a7 through 7,d71 respectively2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking subparagraph 7,b7 of paragraph 7#a7 and inserting paragraph 7#a77;,a72 and 7,b7 in subparagraph 7,b71 by striking accordance with section #ebd7;c7 of title #bh1 and inserting the ,general ,fund of the ,treasury of the ,united ,states2 7#c7 by striking paragraph 7#c72 7#d7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7#e7 in paragraph 7#c71 as redesignated-- 7,a7 in subparagraph 7,a71 by striking paragraph 7#a77;,b7 and inserting paragraph 7#a77;,a72 and 7,b7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking paragraph 7#a77;,b7 that is civilly or and inserting paragraph 7#a77;,a7 that is4 7b7 ,revisions to title #ah ,chapter #df of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #iha7;e7-- 7,a7 by striking is authorized and all that follows through or forfeiture of the property2 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--2 7,b7 by redesignating paragraphs 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e71 respectively2 and 7,c7 in the matter following paragraph 7#e71 as so redesignated-- 7i7 by striking the first1 second1 third1 sixth1 and eighth sentences2 and 7ii7 by striking paragraph 7#c71 7#d71 or 7#e7 and inserting paragraph 7#a71 7#b71 or 7#c72 and 7#b7 in section #ihc7;g7-- 7,a7 in paragraph 7#c71 by striking grossly2 and 7,b7 in paragraph 7#d71 by striking grossly4 7c7 ,tariff ,act of #aicj ,the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd et seq47 is amended-- 7#a7 in section #fac;,a7a7 7#ai ,u4,s4,c4 #afac;b7a77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,d71 by inserting and after the semicolon2 7ii7 in subparagraph 7,e71 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,f72 and 7,b7 in paragraph 7#b7-- 7i7 by striking 7,a7 ,any payment and inserting ,any payment2 and 7ii7 by striking subparagraph 7,b72 and 7#b7 in section #faf 7#ai ,u4,s4,c4 #afaf;a7-- 7,a7 in the section heading1 by striking ,transfer of forfeited property and inserting ,dismissal in favor of forfeiture under ,state law2 7,b7 in subsection 7a71 by striking 7a7 ,the ,secretary and inserting ,the ,secretary2 and 7,c7 by striking subsections 7b7 through 7d74 7d7 ,title #ca ,section #igje of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking subparagraph 7,g72 and 7,b7 by redesignating subparagraphs 7,h7 through 7,j7 as subparagraphs 7,g7 through 7,i71 respectively2 and 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#b7 and 7#d72 and 7,b7 by redesignating paragraphs 7#c7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively4 #d4 ,department of ,justice ,assets ,forfeiture ,fund deposits ,section #ebd7;c77#d7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking subparagraphs 7,a7 and 7,b72 and 7#b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,a7 and 7,b71 respectively4 #e4 ,structuring transactions to evade reporting requirement prohibited 7a7 ,amendments to ,title #ca ,section #ecbd of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting knowingly after ,public ,law #ia-ejh2 and 7,b7 in paragraph 7#c71 by inserting of funds not derived from a legitimate source after any transaction2 7#b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by inserting knowingly after such section2 and 7#c7 in subsection 7c71 in the matter preceding paragraph 7#a71 by inserting knowingly after section #ecaf4 7b7 ,probable cause hearing in connection with property seizures relating to certain monetary instruments transactions 7#a7 ,amendment ,section #ecag of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,probable cause hearing in connection with property seizures relating to certain monetary instruments transactions 7#a7 ,in general ,not later than #ad days after the date on which notice is provided under paragraph 7#b7-- 7,a7 a court of competent jurisdiction shall conduct a hearing on any property seized or restrained under subsection 7c77#b7 with respect to an alleged violation of section #ecbd2 and 7,b7 any property described in subparagraph 7,a7 shall be returned unless the court finds that there is probable cause to believe that there is a violation of section #ecbd involving the property4 7#b7 ,notice ,each person from whom property is seized or restrained under subsection 7c77#b7 with respect to an alleged violation of section #ecbd shall be notified of the right of the person to a hearing under paragraph 7#a74 4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply to property seized or restrained after the date of enactment of this ,act4 #f4 ,proportionality ,section #ihc7;g77#b7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,in making this determination1 the court shall consider such factors as-- 7,a7 the seriousness of the offense2 7,b7 the extent of the nexus of the property to the offense2 7,c7 the range of sentences available for the offense giving rise to forfeiture2 7,d7 the fair market value of the property2 and 7,e7 the hardship to the property owner and dependents4 4 #g4 ,reporting requirements ,section #ebd7;c77#f77;i7 of title #bh1 ,united ,states ,code1 is amended by inserting from each type of forfeiture1 and specifically identifying which funds were obtained from including criminal forfeitures and which were obtained from civil forfeitures1 after deposits4 #h4 ,applicability ,the amendments made by this ,act shall apply to-- 7#a7 any civil forfeiture proceeding pending on or filed on or after the date of enactment of this ,act2 and 7#b7 any amounts received from the forfeiture of property on or after the date of enactment of this ,act4