Legis Daily

FAIR Act of 2023

USA118th CongressHR-1525| House 
| Updated: 6/14/2023
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Cosponsors (18)
Paul A. Gosar (Republican)Adam B. Schiff (Democratic)Sheila Jackson Lee (Democratic)Warren Davidson (Republican)Tom McClintock (Republican)Steve Cohen (Democratic)Tony Cárdenas (Democratic)Henry C. "Hank" Johnson (Democratic)Nancy Mace (Republican)Kelly Armstrong (Republican)Eleanor Holmes Norton (Democratic)Mary Gay Scanlon (Democratic)Jamie Raskin (Democratic)Gary J. Palmer (Republican)Joe Neguse (Democratic)Russell Fry (Republican)Ben Cline (Republican)Andrew S. Clyde (Republican)

Ways and Means Committee, Financial Services Committee, Health Subcommittee, Judiciary Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

HR 116-5690
FAIR Act

Bill from Previous Congress

HR 116-1423
FAIR Act

Bill from Previous Congress

HR 116-1073
FAIR Act

Bill from Previous Congress

HR 116-682
FAIR Act

Bill from Previous Congress

HR 117-8850
FAIR Act

Bill from Previous Congress

HR 117-963
FAIR Act of 2022

Bill from Previous Congress

HR 117-6398
FAIR Act

Bill from Previous Congress

HR 117-2857
FAIR Act

Bill from Previous Congress

HR 117-3068
FAIR Act

Bill from Previous Congress

HR 117-392
FAIR Act

Bill from Previous Congress

HR 116-1895
FAIR Act
Mar 9, 2023
Introduced in House
Mar 9, 2023
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.
Mar 17, 2023
Referred to the Subcommittee on Health.
Jun 14, 2023
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.
Jun 14, 2023
Committee Consideration and Mark-up Session Held
Dec 12, 2024

Latest Companion Bill Action

S 118-5512
Introduced in Senate
  • Bill from Previous Congress

    HR 116-5690
    FAIR Act


  • Bill from Previous Congress

    HR 116-1423
    FAIR Act


  • Bill from Previous Congress

    HR 116-1073
    FAIR Act


  • Bill from Previous Congress

    HR 116-682
    FAIR Act


  • Bill from Previous Congress

    HR 117-8850
    FAIR Act


  • Bill from Previous Congress

    HR 117-963
    FAIR Act of 2022


  • Bill from Previous Congress

    HR 117-6398
    FAIR Act


  • Bill from Previous Congress

    HR 117-2857
    FAIR Act


  • Bill from Previous Congress

    HR 117-3068
    FAIR Act


  • Bill from Previous Congress

    HR 117-392
    FAIR Act


  • Bill from Previous Congress

    HR 116-1895
    FAIR Act


  • March 9, 2023
    Introduced in House


  • March 9, 2023
    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.


  • March 17, 2023
    Referred to the Subcommittee on Health.


  • June 14, 2023
    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.


  • June 14, 2023
    Committee Consideration and Mark-up Session Held


  • December 12, 2024

    Latest Companion Bill Action

    S 118-5512
    Introduced in Senate

Crime and Law Enforcement

Related Bills

  • S 118-5512: FAIR Act of 2024
Administrative remediesCivil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCustoms enforcementDue process and equal protectionEvidence and witnessesGovernment trust fundsJudicial procedure and administrationLawyers and legal servicesLegal fees and court costsProperty rightsState and local government operations

FAIR Act of 2023

USA118th CongressHR-1525| House 
| Updated: 6/14/2023
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-5690
FAIR Act

Bill from Previous Congress

HR 116-1423
FAIR Act

Bill from Previous Congress

HR 116-1073
FAIR Act

Bill from Previous Congress

HR 116-682
FAIR Act

Bill from Previous Congress

HR 117-8850
FAIR Act

Bill from Previous Congress

HR 117-963
FAIR Act of 2022

Bill from Previous Congress

HR 117-6398
FAIR Act

Bill from Previous Congress

HR 117-2857
FAIR Act

Bill from Previous Congress

HR 117-3068
FAIR Act

Bill from Previous Congress

HR 117-392
FAIR Act

Bill from Previous Congress

HR 116-1895
FAIR Act
Mar 9, 2023
Introduced in House
Mar 9, 2023
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.
Mar 17, 2023
Referred to the Subcommittee on Health.
Jun 14, 2023
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.
Jun 14, 2023
Committee Consideration and Mark-up Session Held
Dec 12, 2024

Latest Companion Bill Action

S 118-5512
Introduced in Senate
  • Bill from Previous Congress

    HR 116-5690
    FAIR Act


  • Bill from Previous Congress

    HR 116-1423
    FAIR Act


  • Bill from Previous Congress

    HR 116-1073
    FAIR Act


  • Bill from Previous Congress

    HR 116-682
    FAIR Act


  • Bill from Previous Congress

    HR 117-8850
    FAIR Act


  • Bill from Previous Congress

    HR 117-963
    FAIR Act of 2022


  • Bill from Previous Congress

    HR 117-6398
    FAIR Act


  • Bill from Previous Congress

    HR 117-2857
    FAIR Act


  • Bill from Previous Congress

    HR 117-3068
    FAIR Act


  • Bill from Previous Congress

    HR 117-392
    FAIR Act


  • Bill from Previous Congress

    HR 116-1895
    FAIR Act


  • March 9, 2023
    Introduced in House


  • March 9, 2023
    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.


  • March 17, 2023
    Referred to the Subcommittee on Health.


  • June 14, 2023
    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 26 - 0.


  • June 14, 2023
    Committee Consideration and Mark-up Session Held


  • December 12, 2024

    Latest Companion Bill Action

    S 118-5512
    Introduced in Senate
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Cosponsors (18)
Paul A. Gosar (Republican)Adam B. Schiff (Democratic)Sheila Jackson Lee (Democratic)Warren Davidson (Republican)Tom McClintock (Republican)Steve Cohen (Democratic)Tony Cárdenas (Democratic)Henry C. "Hank" Johnson (Democratic)Nancy Mace (Republican)Kelly Armstrong (Republican)Eleanor Holmes Norton (Democratic)Mary Gay Scanlon (Democratic)Jamie Raskin (Democratic)Gary J. Palmer (Republican)Joe Neguse (Democratic)Russell Fry (Republican)Ben Cline (Republican)Andrew S. Clyde (Republican)

Ways and Means Committee, Financial Services Committee, Health Subcommittee, Judiciary Committee, Energy and Commerce Committee

Crime and Law Enforcement

Related Bills

  • S 118-5512: FAIR Act of 2024
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesCivil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCustoms enforcementDue process and equal protectionEvidence and witnessesGovernment trust fundsJudicial procedure and administrationLawyers and legal servicesLegal fees and court costsProperty rightsState and local government operations