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Summary (1)

There is one summary for H.R.540. View summaries

Shown Here:
Introduced in House (01/27/2015)

Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act

This bill modifies general rules governing civil forfeiture proceedings to: (1) ensure that a person contesting a civil forfeiture has legal representation without regard to whether the property subject to forfeiture is being used by such person as a primary residence; (2) increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence; (3) require the government, in addition to showing a substantial connection between the seized property and an offense, to establish by clear and convincing evidence that the owner of any interest in the seized property used the property with intent to facilitate the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense; and (4) expand the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive.

To remove incentives for carrying out civil forfeitures, the bill requires proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities.

The bill adds a scienter requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements.

The bill requires: (1) a court to conduct a probable cause hearing to determine if there is a violation of the prohibition against structuring transactions to evade reporting requirements involving a monetary instrument and to return such instrument if probable cause is not established, and (2) the Attorney General to specify in reports to Congress and the public on forfeitures the amounts received from criminal and civil forfeitures.


Actions Overview (1)

Date
01/27/2015 Introduced in House

All Actions (8)

Date
02/19/2015 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Action By: House Judiciary
01/30/2015 Referred to the Subcommittee on Health.
Action By: House Energy and Commerce
01/27/2015 Referred to House Financial Services
Action By: House of Representatives
01/27/2015 Referred to House Ways and Means
Action By: House of Representatives
01/27/2015 Referred to House Energy and Commerce
Action By: House of Representatives
01/27/2015 Referred to House Judiciary
Action By: House of Representatives
01/27/2015 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.
Action By: House of Representatives
01/27/2015 Introduced in House
Action By: House of Representatives

Titles (3)

Short Titles:

Short Titles - House of Representatives

Short Titles as Introduced:

FAIR Act
Fifth Amendment Integrity Restoration Act of 2015

Official Titles:

Official Titles - House of Representatives

Official Title as Introduced:

To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.


Subjects (11)

  • 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

Cosponsors (94)

* = Original cosponsor
CosponsorDate Cosponsored
Rep. Cardenas, Tony [D-CA-29]* 01/27/2015
Rep. Ellison, Keith [D-MN-5]* 01/27/2015
Rep. Garrett, Scott [R-NJ-5]* 01/27/2015
Rep. McClintock, Tom [R-CA-4]* 01/27/2015
Rep. Norton, Eleanor Holmes [D-DC-At Large] 02/02/2015
Rep. O'Rourke, Beto [D-TX-16] 02/02/2015
Rep. Jones, Walter B., Jr. [R-NC-3] 02/02/2015
Rep. Cohen, Steve [D-TN-9] 02/05/2015
Rep. Bishop, Rob [R-UT-1] 02/05/2015
Rep. Ellmers, Renee L. [R-NC-2] 02/10/2015
Rep. Pearce, Stevan [R-NM-2] 02/10/2015
Rep. Grijalva, Raul M. [D-AZ-3] 02/11/2015
Rep. Ribble, Reid J. [R-WI-8] 02/11/2015
Rep. DeFazio, Peter A. [D-OR-4] 02/12/2015
Rep. Speier, Jackie [D-CA-14] 02/24/2015
Rep. Herrera Beutler, Jaime [R-WA-3] 02/26/2015
Rep. Young, Don [R-AK-At Large] 02/27/2015
Rep. Lummis, Cynthia M. [R-WY-At Large] 02/27/2015
Rep. Conaway, K. Michael [R-TX-11] 03/16/2015
Rep. Moolenaar, John R. [R-MI-4] 03/16/2015
Rep. Bishop, Mike [R-MI-8] 03/16/2015
Rep. Labrador, Raul R. [R-ID-1] 03/16/2015
Rep. Farr, Sam [D-CA-20] 03/16/2015
Rep. Duncan, John J., Jr. [R-TN-2] 03/17/2015
Rep. DeSantis, Ron [R-FL-6] 03/17/2015
Rep. Lee, Barbara [D-CA-13] 03/17/2015
Rep. Loudermilk, Barry [R-GA-11] 03/17/2015
Rep. Pocan, Mark [D-WI-2] 03/18/2015
Rep. Hastings, Alcee L. [D-FL-20] 03/18/2015
Rep. Trott, David A. [R-MI-11] 03/23/2015
Rep. Lieu, Ted [D-CA-33] 04/13/2015
Rep. Jordan, Jim [R-OH-4] 04/13/2015
Rep. Newhouse, Dan [R-WA-4] 04/13/2015
Rep. Sanford, Mark [R-SC-1] 04/14/2015
Rep. Gosar, Paul A. [R-AZ-4] 04/16/2015
Rep. Massie, Thomas [R-KY-4] 04/22/2015
Rep. Napolitano, Grace F. [D-CA-32] 04/30/2015
Rep. Forbes, J. Randy [R-VA-4] 05/13/2015
Rep. Rouzer, David [R-NC-7] 05/19/2015
Rep. Lawrence, Brenda L. [D-MI-14] 05/20/2015
Rep. Mooney, Alexander X. [R-WV-2] 06/01/2015
Rep. Brown, Corrine [D-FL-5] 06/01/2015
Rep. Joyce, David P. [R-OH-14] 06/01/2015
Rep. Yoho, Ted S. [R-FL-3] 06/01/2015
Rep. Franks, Trent [R-AZ-8] 06/01/2015
Rep. Lofgren, Zoe [D-CA-19] 06/03/2015
Rep. Polis, Jared [D-CO-2] 06/08/2015
Rep. Connolly, Gerald E. [D-VA-11] 06/09/2015
Rep. Kaptur, Marcy [D-OH-9] 06/09/2015
Rep. Watson Coleman, Bonnie [D-NJ-12] 06/12/2015
Rep. Carter, Earl L. "Buddy" [R-GA-1] 06/12/2015
Rep. Chu, Judy [D-CA-27] 06/16/2015
Rep. DeSaulnier, Mark [D-CA-11] 06/16/2015
Rep. Clawson, Curt [R-FL-19] 06/17/2015
Rep. Grothman, Glenn [R-WI-6] 06/18/2015
Rep. Messer, Luke [R-IN-6] 06/23/2015
Rep. Serrano, Jose E. [D-NY-15] 06/24/2015
Rep. Rangel, Charles B. [D-NY-13] 06/24/2015
Rep. Roskam, Peter J. [R-IL-6] 06/24/2015
Rep. Norcross, Donald [D-NJ-1] 06/24/2015
Rep. Schakowsky, Janice D. [D-IL-9] 07/07/2015
Rep. Cole, Tom [R-OK-4] 07/07/2015
Rep. Moore, Gwen [D-WI-4] 07/07/2015
Rep. Bridenstine, Jim [R-OK-1] 07/07/2015
Rep. Russell, Steve [R-OK-5] 07/08/2015
Rep. Lucas, Frank D. [R-OK-3] 07/08/2015
Rep. Wilson, Joe [R-SC-2] 07/10/2015
Rep. Palazzo, Steven M. [R-MS-4] 07/13/2015
Rep. Mullin, Markwayne [R-OK-2] 07/15/2015
Rep. Honda, Michael M. [D-CA-17] 07/15/2015
Rep. Hultgren, Randy [R-IL-14] 07/15/2015
Rep. Gibbs, Bob [R-OH-7] 07/15/2015
Rep. Roe, David P. [R-TN-1] 07/15/2015
Rep. Blackburn, Marsha [R-TN-7] 07/15/2015
Rep. Rokita, Todd [R-IN-4] 07/15/2015
Rep. Hensarling, Jeb [R-TX-5] 07/21/2015
Rep. Roybal-Allard, Lucille [D-CA-40] 07/22/2015
Rep. Weber, Randy K., Sr. [R-TX-14] 07/23/2015
Rep. Miller, Jeff [R-FL-1] 07/31/2015
Rep. McCollum, Betty [D-MN-4] 07/31/2015
Rep. Mulvaney, Mick [R-SC-5] 09/10/2015
Rep. Emmer, Tom [R-MN-6] 09/11/2015
Rep. Ryan, Tim [D-OH-13] 09/11/2015
Rep. Hahn, Janice [D-CA-44] 09/16/2015
Rep. Crawford, Eric A. "Rick" [R-AR-1] 09/24/2015
Rep. Takano, Mark [D-CA-41] 10/27/2015
Rep. Posey, Bill [R-FL-8] 11/17/2015
Rep. Velazquez, Nydia M. [D-NY-7] 11/19/2015
Rep. Jeffries, Hakeem S. [D-NY-8] 11/19/2015
Rep. Beyer, Donald S., Jr. [D-VA-8] 12/01/2015
Rep. Nadler, Jerrold [D-NY-10] 03/14/2016
Rep. Grayson, Alan [D-FL-9] 03/14/2016
Rep. Smith, Adrian [R-NE-3] 05/11/2016
Rep. Brady, Robert A. [D-PA-1] 05/17/2016

Committees (4)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
House Judiciary01/27/2015 Referred to
House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations02/19/2015 Referred to
House Energy and Commerce01/27/2015 Referred to
House Energy and Commerce Subcommittee on Health01/30/2015 Referred to
House Ways and Means01/27/2015 Referred to
House Financial Services01/27/2015 Referred to

Related Bills (1)

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.