Bill Sponsor
House Bill 1555
115th Congress(2017-2018)
FAIR Act
Introduced
Introduced
Introduced in House on Mar 15, 2017
Overview
Text
Introduced
Mar 15, 2017
Latest Action
Mar 31, 2017
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
1555
Congress
115
Policy Area
Crime and Law Enforcement
Crime and Law Enforcement
Primary focus of measure is criminal offenses, investigation and prosecution, procedure and sentencing; corrections and imprisonment; juvenile crime; law enforcement administration. Measures concerning terrorism may fall under Emergency Management or International Affairs policy areas.
Sponsorship by Party
Republican
Michigan
Republican
Alaska
Republican
Arizona
Democrat
California
Democrat
California
Democrat
California
Democrat
California
Republican
California
Democrat
California
Democrat
California
Democrat
Colorado
Democrat
District of Columbia
Republican
Florida
Republican
Florida
Republican
Michigan
Republican
Minnesota
Democrat
Minnesota
Republican
Minnesota
Republican
Mississippi
Republican
Mississippi
Republican
Missouri
Republican
New Mexico
Democrat
New York
Republican
Oklahoma
Republican
Oklahoma
Democrat
Pennsylvania
Democrat
Pennsylvania
Republican
Tennessee
Republican
Tennessee
Democrat
Tennessee
Democrat
Virginia
Republican
West Virginia
Democrat
Wisconsin
House Votes (0)
Senate Votes (0)
No House votes have been held for this bill.
Summary

Fifth Amendment Integrity Restoration Act of 2017 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 mens rea requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements.

A court shall 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.

Text (1)
March 15, 2017
Actions (4)
03/31/2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
03/17/2017
Referred to the Subcommittee on Health.
03/15/2017
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.
03/15/2017
Introduced in House
Public Record
Record Updated
Jan 11, 2023 1:35:37 PM