1. Short title This Act may be cited as the Fifth Amendment Integrity Restoration Act of 2017 or the FAIR Act . 2. 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 . 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