I 

118TH CONGRESS 

1ST SESSION H. R. 1525 

To restore the integrity of the Fifth Amendment to the Constitution of 

the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2023 

Mr. WALBERG (for himself, Mr. RASKIN, Mr. MCCLINTOCK, Mr. NEGUSE, Mr. 

ARMSTRONG, and Mr. CA ́RDENAS) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Energy and Commerce, Ways and Means, and Financial 

Services, for a period to be subsequently determined by the Speaker, 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 States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fifth Amendment In5 tegrity Restoration Act of 2023’’ or the ‘‘FAIR Act of 

6 2023’’. 


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1 SEC. 2. CIVIL FORFEITURE AND NONJUDICIAL FOR2 FEITURE. 

3 Section 983 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) in the subsection heading, by striking 

7 ‘‘CLAIM;’’; 

8 (B) in paragraph (1)— 

9 (i) in subparagraph (A)— 

10 (I) in clause (i)— 

11 (aa) by striking ‘‘clauses (ii) 

12 through (v), in any nonjudicial’’ 

13 and inserting ‘‘clause (ii), in 

14 any’’; and 

15 (bb) by striking ‘‘60’’ and 

16 inserting ‘‘7’’; 

17 (II) by striking clauses (ii) 

18 through (v); 

19 (III) by inserting after clause (i) 

20 the following: 

21 ‘‘(ii) If the identity or interest of a 

22 party is not determined until after the sei23 zure or turnover but is determined before 

24 a declaration of forfeiture is entered, the 

25 Government shall determine the identity 

26 and address of the party or interest within 


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1 7 days after the seizure or turnover, and 

2 notice shall be sent to such interested 

3 party not later than 7 days after the deter4 mination by the Government of the identity 

5 and address of the party or the party’s in6 terest.’’; 

7 (ii) by striking subparagraphs (B) and 

8 (C); 

9 (iii) by redesignating subparagraphs 

10 (D) through (F) as subparagraphs (B) 

11 through (D), respectively; and 

12 (iv) in subparagraph (C), as so redes13 ignated, by striking ‘‘nonjudicial’’; 

14 (C) by striking paragraph (2); 

15 (D) by redesignating paragraphs (3) and 

16 (4) as paragraphs (2) and (3), respectively; and 

17 (E) in paragraph (2)(A), as so redesig18 nated— 

19 (i) by striking ‘‘90’’ and inserting 

20 ‘‘30’’; and 

21 (ii) by striking ‘‘after a claim has 

22 been filed’’ and inserting ‘‘after the date of 

23 the seizure’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (1)— 


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1 (i) by amending subparagraph (A) to 

2 read as follows: 

3 ‘‘(A) If a person with standing to contest 

4 the forfeiture of property in a civil forfeiture 

5 proceeding under a civil forfeiture statute is— 

6 ‘‘(i) financially unable to obtain rep7 resentation by counsel; or 

8 ‘‘(ii) the cost of obtaining representa9 tion would exceed the value of the seized 

10 property, 

11 the court may authorize or appoint counsel to 

12 represent that person with respect to the 

13 claim.’’; 

14 (B) in subparagraph (B), by inserting ‘‘or 

15 appoint’’ after ‘‘authorize’’; and 

16 (C) in paragraph (2)(A)— 

17 (i) by striking ‘‘in a judicial civil for18 feiture proceeding’’ and inserting ‘‘in a 

19 civil forfeiture proceeding’’; 

20 (ii) by inserting ‘‘under paragraph 

21 (1)’’ after ‘‘counsel’’; 

22 (iii) by striking ‘‘, and the property 

23 subject to forfeiture is real property that is 

24 being used by the person as a primary resi25 dence,’’; and 


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1 (iv) by striking ‘‘, at the request of 

2 the person, shall insure’’ and inserting 

3 ‘‘shall ensure’’; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘a pre6 ponderance of the evidence’’ and inserting 

7 ‘‘clear and convincing evidence’’; 

8 (B) in paragraph (2), by striking ‘‘a pre9 ponderance of the evidence’’ and inserting 

10 ‘‘clear and convincing evidence’’; and 

11 (C) by striking paragraph (3) and insert12 ing the following: 

13 ‘‘(3) if the Government’s theory of forfeiture is 

14 that the property was used to commit or facilitate 

15 the commission of a criminal offense, or was in16 volved in the commission of a criminal offense, the 

17 Government shall establish, by clear and convincing 

18 evidence, that— 

19 ‘‘(A) there was a substantial connection 

20 between the property and the offense; and 

21 ‘‘(B) the owner of any interest in the 

22 seized property— 

23 ‘‘(i) used the property with intent to 

24 facilitate the offense; or 


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1 ‘‘(ii) knowingly consented or was will2 fully blind to the use of the property by 

3 another in connection with the offense.’’; 

4 (4) in subsection (d)— 

5 (A) in paragraph (1), by striking the sec6 ond sentence and inserting the following: ‘‘The 

7 Government shall have the burden of proving 

8 that the claimant is not an innocent owner by 

9 a preponderance of the evidence.’’; and 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘an owner who’’ and all that follows 

13 through ‘‘upon learning’’ and inserting ‘‘an 

14 owner who, upon learning’’; and 

15 (ii) in subparagraph (B)(i), by insert16 ing before ‘‘For purposes of this para17 graph’’ the following: ‘‘If the Government 

18 satisfies its burden under paragraph (1), 

19 the claimant may rebut the Government’s 

20 evidence related to his innocent ownership, 

21 including by showing that he did all that 

22 could reasonably be expected under the 

23 law.’’; 

24 (5) in subsection (e)— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A)— 

3 (i) by striking ‘‘nonjudicial’’; and 

4 (ii) by striking ‘‘a declaration’’ and in5 serting ‘‘an order’’; 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘declaration’’ and inserting ‘‘order’’; and 

9 (ii) by striking subparagraph (B) and 

10 inserting the following: 

11 ‘‘(B) Any proceeding described in subparagraph 

12 (A) shall be commenced within 6 months of the 

13 entry of the order granting the motion.’’; and 

14 (C) by striking paragraph (5); 

15 (6) in subsection (f)(1), in the matter preceding 

16 subparagraph (A), by striking ‘‘(a)’’ and inserting 

17 ‘‘(a)(3)(A)’’; 

18 (7) in subsection (g)— 

19 (A) in paragraph (1), by striking ‘‘(a)(4)’’ 

20 and inserting ‘‘(a)(3)’’; and 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) In making this determination, the court 

24 shall consider such factors as— 

25 ‘‘(A) the seriousness of the offense; 


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1 ‘‘(B) the extent of the nexus of the prop2 erty to the offense; 

3 ‘‘(C) the range of sentences available for 

4 the offense giving rise to forfeiture; 

5 ‘‘(D) the fair market value of the property; 

6 and 

7 ‘‘(E) the hardship to the property owner 

8 and dependents.’’; and 

9 (8) by adding at the end the following: 

10 ‘‘(k)(1) Notwithstanding any other provision of law— 

11 ‘‘(A) no Federal seizing agency may conduct 

12 nonjudicial forfeitures; 

13 ‘‘(B) no property may be subject to forfeiture 

14 except through judicial process; and 

15 ‘‘(C) no order of forfeiture may be entered ex16 cept by a United States district court. 

17 ‘‘(2) In this subsection, the term ‘nonjudicial for18 feiture’ means an in rem action that permits the Federal 

19 seizing agency to start a forfeiture without judicial in20 volvement.’’. 

21 SEC. 3. DISPOSITION OF FORFEITED PROPERTY. 

22 (a) REVISIONS TO CONTROLLED SUBSTANCES

23 ACT.—Section 511(e) of the Controlled Substances Act 

24 (21 U.S.C. 881(e)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘civilly or’’; 

3 (B) by striking subparagraph (A); and 

4 (C) by redesignating subparagraphs (B) 

5 through (E) as subparagraphs (A) through (D), 

6 respectively; 

7 (2) in paragraph (2)— 

8 (A) in subparagraph (A), in the matter 

9 preceding clause (i), by striking ‘‘subparagraph 

10 (B) of paragraph (1)’’ and inserting ‘‘para11 graph (1)(A)’’; and 

12 (B) in subparagraph (B), by striking ‘‘ac13 cordance with section 524(c) of title 28,’’ and 

14 inserting ‘‘the General Fund of the Treasury of 

15 the United States’’; 

16 (3) by striking paragraph (3); 

17 (4) by redesignating paragraph (4) as para18 graph (3); and 

19 (5) in paragraph (3), as redesignated— 

20 (A) in subparagraph (A), by striking 

21 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

22 (1)(A)’’; and 

23 (B) in subparagraph (B), in the matter 

24 preceding clause (i), by striking ‘‘paragraph 


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1 (1)(B) that is civilly or’’ and inserting ‘‘para2 graph (1)(A) that is’’. 

3 (b) REVISIONS TO TITLE 18.—Chapter 46 of title 18, 

4 United States Code, is amended— 

5 (1) in section 981(e)— 

6 (A) by striking ‘‘is authorized’’ and all that 

7 follows through ‘‘or forfeiture of the property;’’ 

8 and inserting ‘‘shall forward to the Treasurer of 

9 the United States any proceeds of property for10 feited pursuant to this section for deposit in the 

11 General Fund of the Treasury or transfer such 

12 property on such terms and conditions as such 

13 officer may determine—’’; 

14 (B) by redesignating paragraphs (3), (4), 

15 (5), (6), and (7) as paragraphs (1), (2), (3), 

16 (4), and (5), respectively; and 

17 (C) in the matter following paragraph (5), 

18 as so redesignated— 

19 (i) by striking the first, second, third, 

20 sixth, and eighth sentences; and 

21 (ii) by striking ‘‘paragraph (3), (4), or 

22 (5)’’ and inserting ‘‘paragraph (1), (2), or 

23 (3)’’; and 

24 (2) in section 983(g)— 


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1 (A) in paragraph (3), by striking ‘‘gross2 ly’’; and 

3 (B) in paragraph (4), by striking ‘‘gross4 ly’’. 

5 (c) TARIFF ACT OF 1930.—The Tariff Act of 1930 

6 (19 U.S.C. 1304 et seq.) is amended— 

7 (1) in section 613A(a) (19 U.S.C. 1613b(a))— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (D), by inserting 

10 ‘‘and’’ after the semicolon; 

11 (ii) in subparagraph (E), by striking 

12 ‘‘; and’’ and inserting a period; and 

13 (iii) by striking subparagraph (F); 

14 and 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘(A) Any payment’’ 

17 and inserting ‘‘Any payment’’; and 

18 (ii) by striking subparagraph (B); and 

19 (2) in section 616 (19 U.S.C. 1616a)— 

20 (A) in the section heading, by striking 

21 ‘‘TRANSFER OF FORFEITED PROPERTY’’ 

22 and inserting ‘‘DISMISSAL IN FAVOR OF

23 FORFEITURE UNDER STATE LAW’’; 

24 (B) in subsection (a), by striking ‘‘(a) The 

25 Secretary’’ and inserting ‘‘The Secretary’’; and 


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1 (C) by striking subsections (b) through 

2 (d). 

3 (d) TITLE 31.—Section 9705 of title 31, United 

4 States Code, is amended— 

5 (1) in subsection (a)(1)— 

6 (A) by striking subparagraph (G); and 

7 (B) by redesignating subparagraphs (H) 

8 through (J) as subparagraphs (G) through (I), 

9 respectively; and 

10 (2) in subsection (b)— 

11 (A) by striking paragraphs (2) and (4); 

12 and 

13 (B) by redesignating paragraphs (3) and 

14 (5) as paragraphs (2) and (3), respectively. 

15 SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE 

16 FUND DEPOSITS. 

17 Section 524(c)(4) of title 28, United States Code, is 

18 amended— 

19 (1) by striking subparagraphs (A) and (B); and 

20 (2) by redesignating subparagraphs (C) and 

21 (D) as subparagraphs (A) and (B), respectively. 

22 SEC. 5. STRUCTURING TRANSACTIONS TO EVADE REPORT23 ING REQUIREMENT PROHIBITED. 

24 (a) AMENDMENTS TO TITLE 31.—Section 5324 of 

25 title 31, United States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) in the matter preceding paragraph (1), 

3 by inserting ‘‘knowingly’’ after ‘‘Public Law 

4 91–508’’; and 

5 (B) in paragraph (3), by inserting ‘‘of 

6 funds not derived from a legitimate source’’ 

7 after ‘‘any transaction’’; 

8 (2) in subsection (b), in the matter preceding 

9 paragraph (1), by inserting ‘‘knowingly’’ after ‘‘such 

10 section’’; and 

11 (3) in subsection (c), in the matter preceding 

12 paragraph (1), by inserting ‘‘knowingly’’ after ‘‘sec13 tion 5316’’. 

14 (b) PROBABLE CAUSE HEARING IN CONNECTION

15 WITH PROPERTY SEIZURES RELATING TO CERTAIN MON16 ETARY INSTRUMENTS TRANSACTIONS.— 

17 (1) AMENDMENT.—Section 5317 of title 31, 

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘(d) PROBABLE CAUSE HEARING IN CONNECTION

21 WITH PROPERTY SEIZURES RELATING TO CERTAIN MON22 ETARY INSTRUMENTS TRANSACTIONS.— 

23 ‘‘(1) IN GENERAL.—Not later than 14 days 

24 after the date on which notice is provided under 

25 paragraph (2)— 


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1 ‘‘(A) a court of competent jurisdiction shall 

2 conduct a hearing on any property seized or re3 strained under subsection (c)(2) with respect to 

4 an alleged violation of section 5324; and 

5 ‘‘(B) any property described in subpara6 graph (A) shall be returned unless the court 

7 finds that there is probable cause to believe that 

8 there is a violation of section 5324 involving the 

9 property. 

10 ‘‘(2) NOTICE.—Each person from whom prop11 erty is seized or restrained under subsection (c)(2) 

12 with respect to an alleged violation of section 5324 

13 shall be notified of the right of the person to a hear14 ing under paragraph (1).’’. 

15 (2) APPLICABILITY.—The amendment made by 

16 paragraph (1) shall apply to property seized or re17 strained after the date of enactment of this Act. 

18 SEC. 6. REPORTING REQUIREMENTS. 

19 Section 524(c)(6)(A)(i) of title 28, United States 

20 Code, is amended by inserting ‘‘from each type of for21 feiture, and specifically identifying which funds were ob22 tained from including criminal forfeitures and which were 

23 obtained from civil forfeitures,’’ after ‘‘deposits’’. 

24 SEC. 7. APPLICABILITY. 

25 The amendments made by this Act shall apply to— 


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1 (1) any civil forfeiture proceeding pending on or 

2 filed on or after the date of enactment of this Act; 

3 and 

4 (2) any amounts received from the forfeiture of 

5 property on or after the date of enactment of this 

6 Act. 

Æ 


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