FAIR Act
Bill journey · stage 2 of 5
Under committee review
What it doesSummary introduced in house (Apr 26, 2021)
Fifth Amendment Integrity Restoration Act of 2021 or the FAIR Act
This bill revises federal laws governing civil asset forfeiture.
Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill
- requires counsel for an indigent property owner regardless of whether the owner requests counsel,
- raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and
- sets forth factors courts must consider in determining whether a forfeiture of facilitating property is excessive.
Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice Assets Forfeiture Fund.
Finally, the bill makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill
- specifies an evidentiary standard of knowingly for structuring offenses, and
- requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.
What just happenedOct 19, 2021
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Who’s behind it
- Introduced in HouseApr 26, 2021
- Oct 19, 2021Committee
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Crime and Federal Government Surveillance Subcommittee - Apr 27, 2021Committee
Referred to the Subcommittee on Health.
Health Subcommittee - Apr 26, 2021Committee
Referred to the Subcommittee on Trade.
Trade Subcommittee - Apr 26, 2021IntroReferralH11100
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.
Financial Services Committee - Apr 26, 2021IntroReferralH11100
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.
Ways and Means Committee - Apr 26, 2021IntroReferralH11100
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.
Energy and Commerce Committee - Apr 26, 2021IntroReferralH11100
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.
Judiciary Committee - Apr 26, 2021IntroReferralIntro-H
Introduced in House
- Apr 26, 2021IntroReferral1000
Introduced in House