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FAIR Act of 2023

12/15/2023, 3:55 PM

Summary of Bill HR 1525

The FAIR Act of 2023, also known as Bill 118 hr 1525, is a piece of legislation introduced in the US Congress aimed at promoting fairness and transparency in various aspects of government operations. The bill covers a wide range of issues, including campaign finance reform, government ethics, and lobbying regulations.

One key provision of the FAIR Act is the establishment of stricter rules for campaign finance, including limits on contributions from individuals and corporations. This is intended to reduce the influence of money in politics and ensure that elected officials are accountable to their constituents rather than wealthy donors.

Another important aspect of the bill is the strengthening of government ethics rules, including requirements for greater transparency in financial disclosures by public officials. This is designed to prevent conflicts of interest and ensure that government officials are acting in the best interests of the public. The FAIR Act also includes provisions to regulate lobbying activities, such as requiring lobbyists to disclose their activities and expenditures. This is intended to prevent undue influence by special interests and ensure that policy decisions are made based on the merits rather than the lobbying power of certain groups. Overall, the FAIR Act of 2023 seeks to promote fairness and integrity in government operations, with the goal of restoring trust in the political process and ensuring that elected officials are accountable to the people they serve.

Congressional Summary of HR 1525

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.

Current Status of Bill HR 1525

Bill HR 1525 is currently in the status of Bill Introduced since March 9, 2023. Bill HR 1525 was introduced during Congress 118 and was introduced to the House on March 9, 2023.  Bill HR 1525's most recent activity was Committee Consideration and Mark-up Session Held as of June 14, 2023

Bipartisan Support of Bill HR 1525

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
36
Democrat Cosponsors
18
Republican Cosponsors
18
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 1525

Primary Policy Focus

Crime and Law Enforcement

Potential Impact Areas

- Administrative remedies
- Civil actions and liability
- Congressional oversight
- Criminal investigation, prosecution, interrogation
- Customs enforcement
- Due process and equal protection
- Evidence and witnesses
- Government trust funds
- Judicial procedure and administration
- Lawyers and legal services
- Legal fees and court costs
- Property rights
- State and local government operations

Alternate Title(s) of Bill HR 1525

FAIR Act of 2023
FAIR Act of 2023
Fifth Amendment Integrity Restoration Act of 2023
To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.

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