Legis Daily

FAIR Act

USA116th CongressS-4074| Senate 
| Updated: 6/25/2020
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (3)
Mike Lee (Republican)Angus S. King (Independent)Mike Crapo (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Fifth Amendment Integrity Restoration Act of 2019 or the FAIR Act This bill revises the procedure for and the structure of civil forfeiture. First, the bill revises the general rules for civil forfeiture proceedings. Specifically, it (1) requires the government to provide written notice within seven days of seizure, (2) requires the right to counsel in all civil forfeiture proceedings, (3) raises the evidentiary standard to clear and convincing evidence for the civil forfeiture of property, (4) requires the government to establish by clear and convincing evidence that the owner of the seized property used the property with the intent to facilitate the offense or knowingly consented or was willfully blind to its use in connection with the offense, and (5) expands the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. Next, it requires the proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. Additionally, the bill eliminates equitable sharing payments (which allow the federal government to share federally forfeited property with participating states and local law enforcement agencies). It also adds a mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. Further, it requires a probable cause hearing to be held within 14 days to determine if there is a violation for structuring financial transactions to evade reporting requirements, and requires the return of a monetary instrument if probable cause is not established.
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Timeline
Jan 28, 2020

Latest Companion Bill Action

HR 116-5690
Introduced in House
Jun 25, 2020
Introduced in Senate
Jun 25, 2020
Read twice and referred to the Committee on the Judiciary.
  • January 28, 2020

    Latest Companion Bill Action

    HR 116-5690
    Introduced in House


  • June 25, 2020
    Introduced in Senate


  • June 25, 2020
    Read twice and referred to the Committee on the Judiciary.

Crime and Law Enforcement

Related Bills

  • HR 116-1895: FAIR Act
Civil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCriminal procedure and sentencingCustoms enforcementDrug trafficking and controlled substancesEvidence and witnessesFraud offenses and financial crimesGovernment trust funds

FAIR Act

USA116th CongressS-4074| Senate 
| Updated: 6/25/2020
Fifth Amendment Integrity Restoration Act of 2019 or the FAIR Act This bill revises the procedure for and the structure of civil forfeiture. First, the bill revises the general rules for civil forfeiture proceedings. Specifically, it (1) requires the government to provide written notice within seven days of seizure, (2) requires the right to counsel in all civil forfeiture proceedings, (3) raises the evidentiary standard to clear and convincing evidence for the civil forfeiture of property, (4) requires the government to establish by clear and convincing evidence that the owner of the seized property used the property with the intent to facilitate the offense or knowingly consented or was willfully blind to its use in connection with the offense, and (5) expands the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. Next, it requires the proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. Additionally, the bill eliminates equitable sharing payments (which allow the federal government to share federally forfeited property with participating states and local law enforcement agencies). It also adds a mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. Further, it requires a probable cause hearing to be held within 14 days to determine if there is a violation for structuring financial transactions to evade reporting requirements, and requires the return of a monetary instrument if probable cause is not established.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 28, 2020

Latest Companion Bill Action

HR 116-5690
Introduced in House
Jun 25, 2020
Introduced in Senate
Jun 25, 2020
Read twice and referred to the Committee on the Judiciary.
  • January 28, 2020

    Latest Companion Bill Action

    HR 116-5690
    Introduced in House


  • June 25, 2020
    Introduced in Senate


  • June 25, 2020
    Read twice and referred to the Committee on the Judiciary.
Rand Paul

Rand Paul

Republican Senator

Kentucky

Cosponsors (3)
Mike Lee (Republican)Angus S. King (Independent)Mike Crapo (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 116-1895: FAIR Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCriminal procedure and sentencingCustoms enforcementDrug trafficking and controlled substancesEvidence and witnessesFraud offenses and financial crimesGovernment trust funds