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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fifth Amendment In-
tegrity Restoration Act of 2023’’ or the ‘‘FAIR Act of 
2023’’. 
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SEC. 
2. 
CIVIL 
FORFEITURE 
AND 
NONJUDICIAL 
FOR-
FEITURE. 
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); 
(III) by inserting after clause (i) 
the following: 
‘‘(ii) If the identity or interest of a 
party is not determined until after the sei-
zure 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 
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7 days after the seizure or turnover, and 
notice shall be sent to such interested 
party not later than 7 days after the deter-
mination by the Government of the identity 
and address of the party or the party’s in-
terest.’’; 
(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 redes-
ignated, 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 redesig-
nated— 
(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)— 
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(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 rep-
resentation by counsel; or 
‘‘(ii) the cost of obtaining representa-
tion would exceed the value of the seized 
property, 
the court may authorize or appoint counsel to 
represent that person with respect to the 
claim.’’; 
(B) in subparagraph (B), by inserting ‘‘or 
appoint’’ after ‘‘authorize’’; and 
(C) in paragraph (2)(A)— 
(i) by striking ‘‘in a judicial civil for-
feiture 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 resi-
dence,’’; and 
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(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 pre-
ponderance of the evidence’’ and inserting 
‘‘clear and convincing evidence’’; 
(B) in paragraph (2), by striking ‘‘a pre-
ponderance of the evidence’’ and inserting 
‘‘clear and convincing evidence’’; and 
(C) by striking paragraph (3) and insert-
ing 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 in-
volved 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 
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‘‘(ii) knowingly consented or was will-
fully 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 sec-
ond 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 insert-
ing before ‘‘For purposes of this para-
graph’’ 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)— 
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(A) in paragraph (1), in the matter pre-
ceding subparagraph (A)— 
(i) by striking ‘‘nonjudicial’’; and 
(ii) by striking ‘‘a declaration’’ and in-
serting ‘‘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; 
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‘‘(B) the extent of the nexus of the prop-
erty 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 ex-
cept by a United States district court. 
‘‘(2) In this subsection, the term ‘nonjudicial for-
feiture’ means an in rem action that permits the Federal 
seizing agency to start a forfeiture without judicial in-
volvement.’’. 
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)— 
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(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 ‘‘para-
graph (1)(A)’’; and 
(B) in subparagraph (B), by striking ‘‘ac-
cordance 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 para-
graph (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 
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(1)(B) that is civilly or’’ and inserting ‘‘para-
graph (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 for-
feited 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)— 
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(A) in paragraph (3), by striking ‘‘gross-
ly’’; and 
(B) in paragraph (4), by striking ‘‘gross-
ly’’. 
(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 
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(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 REPORT-
ING REQUIREMENT PROHIBITED. 
(a) AMENDMENTS TO TITLE 31.—Section 5324 of 
title 31, United States Code, is amended— 
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(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 ‘‘sec-
tion 5316’’. 
(b) PROBABLE CAUSE HEARING
IN CONNECTION 
WITH PROPERTY SEIZURES RELATING TO CERTAIN MON-
ETARY 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 MON-
ETARY INSTRUMENTS TRANSACTIONS.— 
‘‘(1) IN
GENERAL.—Not later than 14 days 
after the date on which notice is provided under 
paragraph (2)— 
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‘‘(A) a court of competent jurisdiction shall 
conduct a hearing on any property seized or re-
strained under subsection (c)(2) with respect to 
an alleged violation of section 5324; and 
‘‘(B) any property described in subpara-
graph (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 prop-
erty 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 hear-
ing under paragraph (1).’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply to property seized or re-
strained 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 for-
feiture, and specifically identifying which funds were ob-
tained 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— 
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(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. 
Æ 
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