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<BillSummaries>
<item congress="114" measure-type="hr" measure-number="540" measure-id="id114hr540" originChamber="HOUSE" orig-publish-date="2015-01-27" update-date="2015-03-11">
<title>FAIR Act</title>
<summary summary-id="id114hr540v00" currentChamber="HOUSE" update-date="2015-03-11">
<action-date>2015-01-27</action-date>
<action-desc>Introduced in House</action-desc>
<summary-text><![CDATA[<p><strong>Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act </strong></p> <p>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. </p> <p>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. </p> <p>The bill adds a scienter requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements.</p> <p>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.</p>]]></summary-text>
</summary>
</item>
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<dc:language>EN</dc:language>
<dc:rights>Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.</dc:rights>
<dc:contributor>Congressional Research Service, Library of Congress</dc:contributor>
<dc:description>This file contains bill summaries for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.</dc:description>
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