HR 2857 117th Congress House Civil Rights and Liberties, Minority Issues

FAIR Act

Introduced: May 20, 2021 Introduced by: Walberg, Tim Republican · Michigan See on congress.gov

Everywhere this bill has been 5 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Oct 19, 2021

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Apr 27, 2021

Referred to the Subcommittee on Health.

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

Introduced in House

Apr 26, 2021

Referred to the Subcommittee on Trade.

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Plain-English summary Congressional Research Service

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's happening now October 19, 2021

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Bill text 1 version

Introduced in House Formatted Text PDF Formatted XML

Source documents hosted by congress.gov.

Committees of jurisdiction 7

Crime and Federal Government Surveillance Subcommittee
House of Representatives · subcommittee of Judiciary Committee
Energy and Commerce Committee
House of Representatives
Financial Services Committee
House of Representatives
Health Subcommittee
House of Representatives · subcommittee of Energy and Commerce Committee
Judiciary Committee
House of Representatives
Trade Subcommittee
House of Representatives · subcommittee of Ways and Means Committee
Ways and Means Committee
House of Representatives