H.R. 1525 · 118th Congress · House

FAIR Act of 2023

Active· Committee Consideration and Mark-up Session Held
Introduced
Mar 9, 23
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Fifth Amendment Integrity Restoration Act of 2023 or the FAIR Act of 2023

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 whose primary residence is the subject of a civil forfeiture hearing 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 property used to facilitate the commission of an offense 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 (DOJ) Assets Forfeiture Fund.

The bill also 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.

Finally, the bill requires the annual report on deposits into the DOJ Asset Forfeiture Fund to specify deposits from each type of forfeiture and specify which funds were obtained from criminal forfeitures and which were obtained from civil forfeitures.

Action Timeline

9
  1. JUN 14, 2023Committee

    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.

    26Yea
    0Nay
    0NV
  2. JUN 14, 2023Committee

    Committee Consideration and Mark-up Session Held

  3. MAR 17, 2023Committee

    Referred to the Subcommittee on Health.

  4. MAR 09, 2023IntroReferral

    Introduced in House

  5. MAR 09, 2023IntroReferral

    Introduced in House

  6. MAR 09, 2023IntroReferral

    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.

  7. MAR 09, 2023IntroReferral

    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.

  8. MAR 09, 2023IntroReferral

    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.

  9. MAR 09, 2023IntroReferral

    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.

Committees

6

Judiciary Committee

hsju00

Referred: Jun 14, 2023

Active

Health Subcommittee

hsif14

Referred: Mar 17, 2023

Active

Financial Services Committee

hsba00

Referred: Mar 9, 2023

Active

Ways and Means Committee

hswm00

Referred: Mar 9, 2023

Active

Energy and Commerce Committee

hsif00

Referred: Mar 9, 2023

Active

Judiciary Committee

hsju00

Referred: Mar 9, 2023

Active