,,ii  #aafth ,,congress  #ast ,session  
,s4 #djgd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #be1     
#bjbj,mr4 ,paul 7for himself1 ,mr4      
,king1 ,mr4 ,crapo1 and ,mr4 ,lee7      
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,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 inserting 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  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 learning2  7#d7 in subsection      
7f77#f71 in the matter preceding        
paragraph 7#g71 by inserting 1 and shall
 award to the claimant an amount equal  
to #c times the value of the property   
seized and a reasonable attorney's fee  
before the period at the end2 and  7#e7 
in subsection 7i7-- 7,a7 by striking    
subparagraphs 7,a7 and 7,b72 and  7,b7  
by redesignating subparagraphs 7,c7     
through 7,e7 as subparagraphs 7,a7      
through 7,c71 respectively4  #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       
paragraphs 7#c71 7#d71 and 7#e7 and     
inserting paragraphs 7#a71 7#b71 and    
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 ,nonjudicial       
forfeiture ,section #ihc of title #ah1  
,united ,states ,code1 is amended-- 7#a7
 in subsection 7a7-- 7,a7 in the        
subsection heading1 by striking claim22 
7,b7 in paragraph 7#a7-- 7i7 in         
subparagraph 7,a7-- 7,i7 in clause 7i7--
 7aa7 by striking clauses 7ii7 through  
7v71 in any nonjudicial and inserting   
clause 7ii71 in any2 and  7bb7 by       
striking #fj and inserting #g2  7,,ii7  
by striking clauses 7ii7 through 7iv72  
7,,iii7 by redesignating clause 7v7 as  
clause 7ii72 and  7,,iv7 by striking    
clause 7ii71 as so redesginated1 and    
inserting the following3  7ii7 ,if the  
identity or interest of a party is not  

determined until after the seizure or   
turnover but is determined before a     
declaration of forfeiture is entered1   
the ,government shall determine the     
identity and address of the party or    
interest within #g days after the       
seizure or turnover1 and notice shall be
 sent to such interested party not later
 than #g days after the determination by
 the ,government of the identity and    
address of the party or the party's     
interest4  2  7ii7 by striking          
subparagraphs 7,b7 through 7,d72  7iii7 
by redesignating subparagraphs 7,d7     
through 7,f7 as subparagraphs 7,b7      
through 7,d71 respectively2 and  7iv7 in
 subparagraph 7,c71 as so redesignated1 
by striking nonjudicial2  7,c7 by       
striking paragraph 7#b72  7,d7 by       
redesignating paragraphs 7#c7 and 7#d7  
as paragraphs 7#b7 and 7#c71            
respectively2 and  7,e7 in paragraph    
7#b77;,a71 as so redesignated-- 7i7 by  
striking #ij and inserting #cj2 and     
7ii7 by striking after a claim has been 

filed and inserting the date of the     
seizure2  7#b7 in subsection 7b7-- 7,a7 
by striking paragraph 7#a77;,a7 and     
inserting the following3  7#a7 7,a7 ,if 
a person with standing to contest the   
forfeiture of property in a judicial    
civil forfeiture proceeding under a     
civil forfeiture statute is-- 7i7       
financially unable to obtain            
representation by counsel2 or  7ii7 the 
cost of obtaining representation would  
exceed the value of the seized property1
  the court may authorize or appoint    
counsel to represent that person with   
respect to the claim4  2  7,b7 in       
subparagraph 7#a77;,b71 by inserting or 
appoint after authorize2 and  7,c7 in   
paragraph 7#b77;,a71 by inserting under 
paragraph 7#a7 after counsel2  7#c7 in  
subsection 7d77#a71 by striking the     
second sentence2  7#d7 in subsection    
7e7-- 7,a7 in paragraph 7#a71 in the    
matter preceding subparagraph 7,a7-- 7i7
 by striking nonjudicial2 and  7ii7 by  
striking a declaration and inserting an 

order2  7,b7 in paragraph 7#b7-- 7i7 in 
subparagraph 7,a71 by striking          
declaration and inserting order2 and    
7ii7 by striking subparagraph 7,b7 and  
inserting the following3  7,b7 ,any     
proceeding described in subparagraph    
7,a7 shall be commenced within #f months
 of the entry of the order granting the 
motion4  2 and  7,c7 by striking        
paragraph 7#e72  7#e7 in subsection     
7f77#a71 in the matter preceding        
subparagraph 7,a71 by striking 7a7 and  
inserting 7a77#c77;,a72  7#f7 in        
subsection 7g77#a71 by striking 7a77#d7 
and inserting 7a77#c72 and  7#g7 by     
adding at the end the following3  7k7   
7#a7 ,notwithstanding any other         
provision of law-- 7,a7 no ,federal     
seizing agency may conduct nonjudicial  
forfeitures2  7,b7 no property may be   
subject to forfeiture except through    
judicial process2 and  7,c7 no order of 
forfeiture may be entered except by a   
,united ,states district court4  7#b7   
,in this subsection1 the term           

nonjudicial forfeiture means an in rem  
action that permits the ,federal seizing
 agency to start a forfeiture without   
judicial involvement4  4  #i4           
,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