Legis Daily

FAIR Act

USA117th CongressHR-2857| House 
| Updated: 10/19/2021
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Cosponsors (36)
Doug LaMalfa (Republican)Donald Norcross (Democratic)Frank D. Lucas (Republican)Guy Reschenthaler (Republican)David N. Cicilline (Democratic)Jackie Speier (Democratic)Rick W. Allen (Republican)Claudia Tenney (Republican)Bobby L. Rush (Democratic)J. Luis Correa (Democratic)Tom McClintock (Republican)Steve Cohen (Democratic)Tony Cárdenas (Democratic)Thomas Massie (Republican)Jim Jordan (Republican)Scott Perry (Republican)Jason Smith (Republican)A. Donald McEachin (Democratic)Daniel Meuser (Republican)Mark DeSaulnier (Democratic)Rodney Davis (Republican)Nancy Mace (Republican)Kelly Armstrong (Republican)Jerrold Nadler (Democratic)Jamie Raskin (Democratic)Gary J. Palmer (Republican)Joe Neguse (Democratic)Janice D. Schakowsky (Democratic)Alexandria Ocasio-Cortez (Democratic)Jeff Fortenberry (Republican)Bill Posey (Republican)Andrew S. Clyde (Republican)Kweisi Mfume (Democratic)Tracey Mann (Republican)Louie Gohmert (Republican)Gerald E. Connolly (Democratic)
Committees (7)
• Ways and Means Committee• Crime and Federal Government Surveillance Subcommittee• Trade Subcommittee• Financial Services Committee• Health Subcommittee• Judiciary Committee• Energy and Commerce Committee
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

HR 116-5690
FAIR Act

Bill from Previous Congress

HR 116-1423
FAIR Act

Bill from Previous Congress

HR 116-1073
FAIR Act

Bill from Previous Congress

HR 116-682
FAIR Act

Bill from Previous Congress

HR 116-1895
FAIR Act
Apr 26, 2021
Introduced in House
Apr 26, 2021
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.
Apr 26, 2021
Referred to the Subcommittee on Trade.
Apr 27, 2021
Referred to the Subcommittee on Health.
Oct 19, 2021
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Jan 19, 2022

Latest Companion Bill Action

S 117-3518
Introduced in Senate
  • Bill from Previous Congress

    HR 116-5690
    FAIR Act


  • Bill from Previous Congress

    HR 116-1423
    FAIR Act


  • Bill from Previous Congress

    HR 116-1073
    FAIR Act


  • Bill from Previous Congress

    HR 116-682
    FAIR Act


  • Bill from Previous Congress

    HR 116-1895
    FAIR Act


  • April 26, 2021
    Introduced in House


  • April 26, 2021
    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.


  • April 26, 2021
    Referred to the Subcommittee on Trade.


  • April 27, 2021
    Referred to the Subcommittee on Health.


  • October 19, 2021
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.


  • January 19, 2022

    Latest Companion Bill Action

    S 117-3518
    Introduced in Senate

Civil Rights and Liberties, Minority Issues

FAIR Act

USA117th CongressHR-2857| House 
| Updated: 10/19/2021
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.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

HR 116-5690
FAIR Act

Bill from Previous Congress

HR 116-1423
FAIR Act

Bill from Previous Congress

HR 116-1073
FAIR Act

Bill from Previous Congress

HR 116-682
FAIR Act

Bill from Previous Congress

HR 116-1895
FAIR Act
Apr 26, 2021
Introduced in House
Apr 26, 2021
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.
Apr 26, 2021
Referred to the Subcommittee on Trade.
Apr 27, 2021
Referred to the Subcommittee on Health.
Oct 19, 2021
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Jan 19, 2022

Latest Companion Bill Action

S 117-3518
Introduced in Senate
  • Bill from Previous Congress

    HR 116-5690
    FAIR Act


  • Bill from Previous Congress

    HR 116-1423
    FAIR Act


  • Bill from Previous Congress

    HR 116-1073
    FAIR Act


  • Bill from Previous Congress

    HR 116-682
    FAIR Act


  • Bill from Previous Congress

    HR 116-1895
    FAIR Act


  • April 26, 2021
    Introduced in House


  • April 26, 2021
    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.


  • April 26, 2021
    Referred to the Subcommittee on Trade.


  • April 27, 2021
    Referred to the Subcommittee on Health.


  • October 19, 2021
    Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.


  • January 19, 2022

    Latest Companion Bill Action

    S 117-3518
    Introduced in Senate
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Cosponsors (36)
Doug LaMalfa (Republican)Donald Norcross (Democratic)Frank D. Lucas (Republican)Guy Reschenthaler (Republican)David N. Cicilline (Democratic)Jackie Speier (Democratic)Rick W. Allen (Republican)Claudia Tenney (Republican)Bobby L. Rush (Democratic)J. Luis Correa (Democratic)Tom McClintock (Republican)Steve Cohen (Democratic)Tony Cárdenas (Democratic)Thomas Massie (Republican)Jim Jordan (Republican)Scott Perry (Republican)Jason Smith (Republican)A. Donald McEachin (Democratic)Daniel Meuser (Republican)Mark DeSaulnier (Democratic)Rodney Davis (Republican)Nancy Mace (Republican)Kelly Armstrong (Republican)Jerrold Nadler (Democratic)Jamie Raskin (Democratic)Gary J. Palmer (Republican)Joe Neguse (Democratic)Janice D. Schakowsky (Democratic)Alexandria Ocasio-Cortez (Democratic)Jeff Fortenberry (Republican)Bill Posey (Republican)Andrew S. Clyde (Republican)Kweisi Mfume (Democratic)Tracey Mann (Republican)Louie Gohmert (Republican)Gerald E. Connolly (Democratic)
Committees (7)
• Ways and Means Committee• Crime and Federal Government Surveillance Subcommittee• Trade Subcommittee• Financial Services Committee• Health Subcommittee• Judiciary Committee• Energy and Commerce Committee

Civil Rights and Liberties, Minority Issues

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted