[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 263 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 263
To restore the integrity of the Fifth Amendment to the Constitution of
the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 27, 2025
Mr. Paul (for himself, Mr. Booker, Mr. Lee, Mr. King, Mr. Crapo, Ms.
Lummis, Mr. Wyden, Mr. Welch, and Mr. Van Hollen) introduced the
following bill; 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 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 2025'' or the ``FAIR Act of 2025''.
SEC. 2. CIVIL FORFEITURE AND NONJUDICIAL FORFEITURE.
Section 983 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``Claim;'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking ``clauses
(ii) through (v), in any
nonjudicial'' and inserting
``clause (ii), in any''; and
(bb) by striking ``60'' and
inserting ``7'';
(II) by striking clauses (ii)
through (v); and
(III) by inserting after clause (i)
the following:
``(ii) 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 entered, the
Government shall determine the identity and
address of the party or interest within 7 days
after the seizure or turnover, and notice shall
be sent to such interested party not later than
7 days after the determination by the
Government of the identity and address of the
party or the party's interest.'';
(ii) by striking subparagraphs (B) and (C);
(iii) by redesignating subparagraphs (D)
through (F) as subparagraphs (B) through (D),
respectively; and
(iv) in subparagraph (C), as so
redesignated, by striking ``nonjudicial'';
(C) by striking paragraph (2);
(D) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(E) in paragraph (2)(A), as so redesignated--
(i) by striking ``90'' and inserting
``30''; and
(ii) by striking ``after a claim has been
filed'' and inserting ``after the date of the
seizure'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (A) to read as
follows:
``(A) If a person with standing to contest the
forfeiture of property in a civil forfeiture proceeding
under a civil forfeiture statute is--
``(i) financially unable to obtain
representation by counsel; or
``(ii) the cost of obtaining representation
would exceed the value of the seized property,
the court may authorize or appoint counsel to represent
that person with respect to the claim.''; and
(ii) in subparagraph (B), by inserting ``or
appoint'' after ``authorize''; and
(B) in paragraph (2)(A)--
(i) by striking ``in a judicial civil
forfeiture proceeding'' and inserting ``in a
civil forfeiture proceeding'';
(ii) by inserting ``under paragraph (1)''
after ``counsel'';
(iii) by striking ``, and the property
subject to forfeiture is real property that is
being used by the person as a primary
residence,''; and
(iv) by striking ``, at the request of the
person, shall insure'' and inserting ``shall
ensure'';
(3) 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.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking the second
sentence and inserting the following: ``The Government
shall have the burden of proving that the claimant is
not an innocent owner by a preponderance of the
evidence.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``an
owner who'' and all that follows through ``upon
learning'' and inserting ``an owner who, upon
learning''; and
(ii) in subparagraph (B)(i), by inserting
before ``For the purposes of this paragraph''
the following: ``If the Government satisfies
its burden under paragraph (1), the claimant
may rebut the Government's evidence related to
his innocent ownership, including by showing
that he did all that could reasonably be
expected under the law.'';
(5) in subsection (e)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``nonjudicial''; and
(ii) by striking ``a declaration'' and
inserting ``an order'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``declaration'' and inserting ``order''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Any proceeding described in subparagraph (A)
shall be commenced within 6 months of the entry of the
order granting the motion.''; and
(C) by striking paragraph (5);
(6) in subsection (f)(1), in the matter preceding
subparagraph (A), by striking ``(a)'' and inserting
``(a)(3)(A)'';
(7) in subsection (g)--
(A) in paragraph (1), by striking ``(a)(4)'' and
inserting ``(a)(3)''; and
(B) by amending paragraph (2) 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.''; and
(8) by adding at the end the following:
``(k)(1) Notwithstanding any other provision of law--
``(A) no Federal seizing agency may conduct
nonjudicial forfeitures;
``(B) no property may be subject to forfeiture
except through judicial process; and
``(C) no order of forfeiture may be entered except
by a United States district court.
``(2) In this subsection, the term `nonjudicial forfeiture'
means an in rem action that permits the Federal seizing agency
to start a forfeiture without judicial involvement.''.
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. REPORTING REQUIREMENTS.
Section 524(c)(6)(A)(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. 7. 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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