Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Bills (Live)
HOUSE 1895116th CongressReferred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

FAIR Act

Last Action
5/3/2019

Actions

  • 2019-05-03Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • 2019-03-28Referred to the Subcommittee on Health.
  • 2019-03-27Referred 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.
  • 2019-03-27Referred 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.
  • 2019-03-27Referred 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.
  • 2019-03-27Referred 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.
  • 2019-03-27Introduced in House
  • 2019-03-27Introduced in House

CRS Summary

As of 2019-03-27 (00)

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.

Cosponsors (20)

  • Jamie Raskin (D-MD)
  • Thomas Massie (R-KY)
  • Tony Cárdenas (D-CA)
  • Tom McClintock (R-CA)
  • BOBBY RUSH (D-IL)
  • Paul Gosar (R-AZ)
  • Alexander Mooney (R-WV)
  • TIM RYAN (D-OH)
  • Steve Cohen (D-TN)
  • Warren Davidson (R-OH)
  • JANICE SCHAKOWSKY (D-IL)
  • Brendan Boyle (D-PA)
  • David Roe (R-TN)
  • ELEANOR NORTON (D-DC)
  • ALCEE HASTINGS (D-FL)
  • Jackie Speier (D-CA)
  • Gwen Moore (D-WI)
  • Daniel Meuser (R-PA)
  • Josh Harder (D-CA)
  • Kelly Armstrong (R-ND)

Subjects

  • 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
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.