FAIR Act

3.0.0 1895 2022-11-01T18:32:40Z 2022-11-01T18:32:40Z House HR 2019-03-27 116 [Congressional Record Volume 165, Number 53 (Wednesday, March 27, 2019)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. WALBERG:H.R. 1895.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 9 of the Constitution of theUnited States; the power to constitute Tribunals inferior tothe Supreme Court.The purpose of the bill is to amend the civil assetforfeiture procedures and Section 8, Clause 9 extends toCongress the power to create inferior courts and to makerules of procedure and evidence for such courts.[Page H2885]]]> hsju00 Judiciary Committee House Standing hsju10 Constitution and Limited Government Subcommittee Referred to 2019-05-03T17:49:11Z Referred to 2019-03-27T14:01:15Z hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2019-03-28T18:43:08Z Referred to 2019-03-27T14:01:20Z hsba00 Financial Services Committee House Standing Referred to 2019-03-27T14:01:30Z hswm00 Ways and Means Committee House Standing Referred to 2019-03-27T14:01:25Z FAIR Act 116 4074 S 2020-06-25 Read twice and referred to the Committee on the Judiciary. Related bill CRS 2019-05-03 hsju10 Constitution and Limited Government Subcommittee 1 House committee actions Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Committee 2019-03-28 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2019-03-27 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. IntroReferral H11100 2 House floor actions hsba00 Financial Services Committee 2019-03-27 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. IntroReferral H11100 2 House floor actions hswm00 Ways and Means Committee 2019-03-27 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. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2019-03-27 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. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2019-03-27 Introduced in House IntroReferral Intro-H 9 Library of Congress 2019-03-27 Introduced in House IntroReferral 1000 9 Library of Congress W000798 Rep. Walberg, Tim [R-MI-7] Tim Walberg R MI 7 N R000606 Rep. Raskin, Jamie [D-MD-8] Jamie Raskin D MD 8 2019-03-27 True M001184 Rep. Massie, Thomas [R-KY-4] Thomas Massie R KY 4 2019-03-27 True C001097 Rep. Cárdenas, Tony [D-CA-29] Tony Cárdenas D CA 29 2019-03-27 True M001177 Rep. McClintock, Tom [R-CA-4] Tom McClintock R CA 4 2019-03-27 True R000515 Rep. Rush, Bobby L. [D-IL-1] BOBBY RUSH D IL L. 1 2019-03-27 True G000565 Rep. Gosar, Paul A. [R-AZ-4] Paul Gosar R AZ A. 4 2019-04-02 False M001195 Rep. Mooney, Alexander X. [R-WV-2] Alexander Mooney R WV X. 2 2019-04-02 False R000577 Rep. Ryan, Tim [D-OH-13] TIM RYAN D OH 13 2019-04-02 False C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2019-04-02 False D000626 Rep. Davidson, Warren [R-OH-8] Warren Davidson R OH 8 2019-04-02 False S001145 Rep. Schakowsky, Janice D. [D-IL-9] JANICE SCHAKOWSKY D IL D. 9 2019-04-02 False B001296 Rep. Boyle, Brendan F. [D-PA-2] Brendan Boyle D PA F. 2 2019-04-02 False R000582 Rep. Roe, David P. [R-TN-1] David Roe R TN P. 1 2019-04-04 False N000147 Del. Norton, Eleanor Holmes [D-DC-At Large] ELEANOR NORTON D DC HOLMES 0 2019-04-04 False H000324 Rep. Hastings, Alcee L. [D-FL-20] ALCEE HASTINGS D FL L. 20 2019-04-08 False S001175 Rep. Speier, Jackie [D-CA-14] Jackie Speier D CA 14 2019-04-29 False M001160 Rep. Moore, Gwen [D-WI-4] Gwen Moore D WI 4 2019-04-29 False M001204 Rep. Meuser, Daniel [R-PA-9] Daniel Meuser R PA 9 2019-04-30 False H001090 Rep. Harder, Josh [D-CA-10] Josh Harder D CA 10 2019-05-09 False A000377 Rep. Armstrong, Kelly [R-ND-At Large] Kelly Armstrong R ND 0 2020-07-09 False M001190 Rep. Mullin, Markwayne [R-OK-2] Markwayne Mullin R OK 2 2020-07-16 False P000599 Rep. Posey, Bill [R-FL-8] Bill Posey R FL 8 2020-07-16 False S001172 Rep. Smith, Adrian [R-NE-3] Adrian Smith R NE 3 2020-07-21 False L000491 Rep. Lucas, Frank D. [R-OK-3] FRANK LUCAS R OK D. 3 2020-07-29 False G000571 Rep. Gabbard, Tulsi [D-HI-2] Tulsi Gabbard D HI 2 2020-08-18 False B001281 Rep. Beatty, Joyce [D-OH-3] Joyce Beatty D OH 3 2020-08-18 False R000610 Rep. Reschenthaler, Guy [R-PA-14] Guy Reschenthaler R PA 14 2020-10-20 False P000605 Rep. Perry, Scott [R-PA-10] Scott Perry R PA 10 2020-10-20 False Crime and Law Enforcement Civil actions and liability Congressional oversight Criminal investigation, prosecution, interrogation Criminal procedure and sentencing Currency Customs enforcement Drug trafficking and controlled substances Evidence and witnesses Fraud offenses and financial crimes Government trust funds Crime and Law Enforcement

00 2019-03-27 Introduced in House 2022-06-01T10:35:12Z 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 right to counsel in all civil forfeiture proceedings, (2) raises the evidentiary standard to clear and convincing evidence for the civil forfeiture of property, (3) 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 criminal offense or knowingly consented or was willfully blind to its use in connection with the offense, and (4) 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 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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FAIR Act Display Title FAIR Act Official Title as Introduced To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes. Introduced in House IH Short Title(s) as Introduced FAIR Act Introduced in House IH Short Title(s) as Introduced Fifth Amendment Integrity Restoration Act of 2019 Introduced in House IH Introduced in House 2019-03-27T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr1895ih/xml/BILLS-116hr1895ih.xml 2019-05-03 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.