[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7709-S7710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4133. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the
bill S. 756, to reauthorize and amend the Marine Debris Act to promote
international action to reduce marine debris, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. FIFTH AMENDMENT INTEGRITY RESTORATION.
(a) 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 inserting ``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''.
(b) Disposition of Forfeited Property.--
(1) Revisions to controlled substances act.--Section 511(e)
of the Controlled Substances Act (21 U.S.C. 881(e)) is
amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``civilly or'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively;
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``subparagraph (B) of paragraph (1)'' and
inserting ``paragraph (1)(A)''; and
(ii) 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'';
(C) by striking paragraph (3);
(D) by redesignating paragraph (4) as paragraph (3); and
(E) in paragraph (3), as redesignated--
(i) in subparagraph (A), by striking ``paragraph (1)(B)''
and inserting ``paragraph (1)(A)''; and
(ii) 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''.
(2) Revisions to title 18.--Chapter 46 of title 18, United
States Code, is amended--
(A) in section 981(e)--
(i) 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--'';
(ii) by redesignating paragraphs (3), (4), (5), (6), and
(7) as paragraphs (1), (2), (3), (4), and (5), respectively;
and
(iii) in the matter following paragraph (5), as so
redesignated--
(I) by striking the first, second, third, sixth, and eighth
sentences; and
(II) by striking ``paragraphs (3), (4), and (5)'' and
inserting ``paragraphs (1), (2), and (3)''; and
(B) in section 983(g)--
(i) in paragraph (3), by striking ``grossly''; and
(ii) in paragraph (4), by striking ``grossly''.
(3) Tariff act of 1930.--The Tariff Act of 1930 (19 U.S.C.
1304 et seq.) is amended--
(A) in section 613A(a) (19 U.S.C. 1613b(a))--
(i) 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
(ii) in paragraph (2)--
(I) by striking ``(A) Any payment'' and inserting ``Any
payment''; and
(II) by striking subparagraph (B); and
(B) in section 616 (19 U.S.C. 1616a)--
(i) in the section heading, by striking ``transfer of
forfeited property'' and inserting ``dismissal in favor of
forfeiture under state law'';
(ii) in subsection (a), by striking ``(a) The Secretary''
and inserting ``The Secretary''; and
(iii) by striking subsections (b) through (d).
(4) Title 31.--Section 9703 of title 31, United States
Code, is amended--
(A) in subsection (a)(1)--
(i) by striking subparagraph (G); and
(ii) by redesignating subparagraphs (H) through (J) as
subparagraphs (G) through (I), respectively; and
(B) in subsection (b)--
(i) by striking paragraphs (2) and (4); and
(ii) by redesignating paragraphs (3) and (5) as paragraphs
(2) and (3), respectively.
(c) 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.
(d) Structuring Transactions to Evade Reporting Requirement
Prohibited.--
(1) Amendments to title 31.--Section 5324 of title 31,
United States Code, is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting
``knowingly'' after ``Public Law 91-508''; and
(ii) in paragraph (3), by inserting ``of funds not derived
from a legitimate source'' after ``any transaction'';
(B) in subsection (b), in the matter preceding paragraph
(1), by inserting ``knowingly'' after ``such section''; and
(C) in subsection (c), in the matter preceding paragraph
(1), by inserting ``knowingly'' after ``section 5316''.
(2) Probable cause hearing in connection with property
seizures relating to certain monetary instruments
transactions.--
(A) 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
[[Page S7710]]
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).''.
(B) Applicability.--The amendment made by paragraph (1)
shall apply to property seized or restrained after the date
of enactment of this Act.
(e) 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.''.
(f) 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''.
(g) Applicability.--The amendments made by this section
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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