3.0.0
2857
2023-05-11T15:46:24Z
2023-05-11T15:46:24Z
House
HR
2021-04-26
117
[Congressional Record Volume 167, Number 71 (Monday, April 26, 2021)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. WALBERG:H.R. 2857.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 H2115]
- hsju00
Judiciary Committee
House
Standing
  - hsju08
Crime and Federal Government Surveillance Subcommittee
    - Referred to
2021-10-19T19:59:02Z
  - Referred to
2021-04-26T16:00:51Z
- hsif00
Energy and Commerce Committee
House
Standing
  - hsif14
Health Subcommittee
    - Referred to
2021-04-27T17:48:31Z
  - Referred to
2021-04-26T16:01:00Z
- hswm00
Ways and Means Committee
House
Standing
  - hswm04
Trade Subcommittee
    - Referred to
2021-04-26T18:46:18Z
  - Referred to
2021-04-26T16:01:05Z
- hsba00
Financial Services Committee
House
Standing
  - Referred to
2021-04-26T16:01:10Z
- 2021-10-19
  - hsju08
Crime and Federal Government Surveillance Subcommittee
1
House committee actions
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Committee
- 2021-04-27
  - hsif14
Health Subcommittee
1
House committee actions
Referred to the Subcommittee on Health.
Committee
- 2021-04-26
  - hswm04
Trade Subcommittee
1
House committee actions
Referred to the Subcommittee on Trade.
Committee
- 2021-04-26
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
- 2021-04-26
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
- 2021-04-26
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
- 2021-04-26
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
- 2021-04-26
Introduced in House
IntroReferral
Intro-H
9
Library of Congress
- 2021-04-26
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
2021-04-26
True
- M001177
Rep. McClintock, Tom [R-CA-4]
Tom
McClintock
R
CA
4
2021-04-26
True
- C001097
Rep. Cárdenas, Tony [D-CA-29]
Tony
Cárdenas
D
CA
29
2021-04-26
True
- R000515
Rep. Rush, Bobby L. [D-IL-1]
BOBBY
RUSH
D
IL
L.
1
2021-04-26
True
- A000377
Rep. Armstrong, Kelly [R-ND-At Large]
Kelly
Armstrong
R
ND
0
2021-04-26
True
- P000599
Rep. Posey, Bill [R-FL-8]
Bill
Posey
R
FL
8
2021-05-20
False
- M001200
Rep. McEachin, A. Donald [D-VA-4]
A.
McEachin
D
VA
Donald
4
2021-05-20
False
- M001184
Rep. Massie, Thomas [R-KY-4]
Thomas
Massie
R
KY
4
2021-05-20
False
- S001145
Rep. Schakowsky, Janice D. [D-IL-9]
JANICE
SCHAKOWSKY
D
IL
D.
9
2021-05-20
False
- S001195
Rep. Smith, Jason [R-MO-8]
Jason
Smith
R
MO
8
2021-05-20
False
- P000605
Rep. Perry, Scott [R-PA-10]
Scott
Perry
R
PA
10
2021-05-20
False
- L000491
Rep. Lucas, Frank D. [R-OK-3]
FRANK
LUCAS
R
OK
D.
3
2021-05-20
False
- S001175
Rep. Speier, Jackie [D-CA-14]
Jackie
Speier
D
CA
14
2021-05-20
False
- G000552
Rep. Gohmert, Louie [R-TX-1]
Louie
Gohmert
R
TX
1
2021-05-20
False
- R000610
Rep. Reschenthaler, Guy [R-PA-14]
Guy
Reschenthaler
R
PA
14
2021-05-20
False
- N000002
Rep. Nadler, Jerrold [D-NY-10]
JERROLD
NADLER
D
NY
10
2021-05-20
False
- C001084
Rep. Cicilline, David N. [D-RI-1]
David
Cicilline
D
RI
N.
1
2021-05-25
False
- D000623
Rep. DeSaulnier, Mark [D-CA-11]
Mark
DeSaulnier
D
CA
11
2021-06-14
False
- M001204
Rep. Meuser, Daniel [R-PA-9]
Daniel
Meuser
R
PA
9
2021-06-14
False
- J000289
Rep. Jordan, Jim [R-OH-4]
Jim
Jordan
R
OH
4
2021-09-30
False
- C001110
Rep. Correa, J. Luis [D-CA-46]
J.
Correa
D
CA
Luis
46
2021-10-15
False
- T000478
Rep. Tenney, Claudia [R-NY-22]
Claudia
Tenney
R
NY
22
2021-10-28
False
- A000372
Rep. Allen, Rick W. [R-GA-12]
Rick
Allen
R
GA
W.
12
2021-10-28
False
- F000449
Rep. Fortenberry, Jeff [R-NE-1]
Jeff
Fortenberry
R
NE
1
2021-10-28
False
- L000578
Rep. LaMalfa, Doug [R-CA-1]
Doug
LaMalfa
R
CA
1
2021-10-28
False
- P000609
Rep. Palmer, Gary J. [R-AL-6]
Gary
Palmer
R
AL
J.
6
2021-11-02
False
- M000687
Rep. Mfume, Kweisi [D-MD-7]
KWEISI
MFUME
D
MD
7
2021-11-09
False
- C001078
Rep. Connolly, Gerald E. [D-VA-11]
Gerald
Connolly
D
VA
E.
11
2021-11-09
False
- N000188
Rep. Norcross, Donald [D-NJ-1]
Donald
Norcross
D
NJ
1
2021-11-09
False
- M000871
Rep. Mann, Tracey [R-KS-1]
Tracey
Mann
R
KS
1
2021-11-09
False
- C001068
Rep. Cohen, Steve [D-TN-9]
Steve
Cohen
D
TN
9
2021-11-15
False
- O000172
Rep. Ocasio-Cortez, Alexandria [D-NY-14]
Alexandria
Ocasio-Cortez
D
NY
14
2021-12-07
False
- M000194
Rep. Mace, Nancy [R-SC-1]
Nancy
Mace
R
SC
1
2021-12-07
False
- C001116
Rep. Clyde, Andrew S. [R-GA-9]
Andrew
Clyde
R
GA
S.
9
2022-01-13
False
- N000191
Rep. Neguse, Joe [D-CO-2]
Joe
Neguse
D
CO
2
2022-03-08
False
- D000619
Rep. Davis, Rodney [R-IL-13]
Rodney
Davis
R
IL
13
2022-06-07
False
Civil Rights and Liberties, Minority Issues
Civil Rights and Liberties, Minority Issues
00
2021-04-26
Introduced in House
2022-09-19T16:55:41Z
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.

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 2021
Introduced in House
IH
- Introduced in House
2021-04-26T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr2857ih/xml/BILLS-117hr2857ih.xml
2021-10-19
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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
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