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FAIR Act of 2026

USA119th CongressHR-7638| House 
| Updated: 2/20/2026
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Cosponsors (3)
Tom McClintock (Republican)Mary Gay Scanlon (Democratic)Jamie Raskin (Democratic)

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

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The Fifth Amendment Integrity Restoration Act of 2026, or FAIR Act, aims to significantly reform federal civil asset forfeiture procedures. A primary change is the elimination of nonjudicial forfeiture , mandating that all property forfeitures must proceed through a United States district court, thereby requiring judicial oversight for every case. This bill also shortens the government's timeline for identifying interested parties and filing civil forfeiture complaints after a seizure, ensuring quicker judicial review. Key provisions strengthen protections for property owners by increasing the government's burden of proof in civil forfeiture cases from "preponderance of the evidence" to "clear and convincing evidence." Furthermore, the government must establish a substantial connection between the property and the alleged offense, and prove the owner's intent or willful blindness. The bill also shifts the burden to the government to disprove an innocent owner defense and allows courts to authorize or appoint counsel for financially disadvantaged individuals. To remove financial incentives for seizing agencies, the FAIR Act directs all proceeds from forfeited property to the General Fund of the Treasury , rather than allowing agencies to retain these funds. It also amends laws related to structuring transactions, requiring proof that individuals *knowingly* evaded reporting requirements and that the funds were *not derived from a legitimate source*. For structuring-related seizures, a probable cause hearing must be held within 14 days, with property returned if probable cause is not found.
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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 118-3417
FAIR Act

Bill from Previous Congress

HR 118-751
FAIR Act

Bill from Previous Congress

HR 118-10289
FAIR Act

Bill from Previous Congress

HR 118-7127
FAIR Act

Bill from Previous Congress

HR 118-1525
FAIR Act of 2023

Bill from Previous Congress

HR 118-1524
FAIR Act of 2023

Bill from Previous Congress

HR 118-4144
FAIR Act

Bill from Previous Congress

HR 118-2953
FAIR Act of 2023

Bill from Previous Congress

HR 118-536
FAIR Act

Bill from Previous Congress

HR 116-1895
FAIR Act
Jan 16, 2025

Latest Companion Bill Action

S 119-126
Introduced in Senate
Feb 20, 2026
Introduced in House
Feb 20, 2026
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.
  • 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 118-3417
    FAIR Act


  • Bill from Previous Congress

    HR 118-751
    FAIR Act


  • Bill from Previous Congress

    HR 118-10289
    FAIR Act


  • Bill from Previous Congress

    HR 118-7127
    FAIR Act


  • Bill from Previous Congress

    HR 118-1525
    FAIR Act of 2023


  • Bill from Previous Congress

    HR 118-1524
    FAIR Act of 2023


  • Bill from Previous Congress

    HR 118-4144
    FAIR Act


  • Bill from Previous Congress

    HR 118-2953
    FAIR Act of 2023


  • Bill from Previous Congress

    HR 118-536
    FAIR Act


  • Bill from Previous Congress

    HR 116-1895
    FAIR Act


  • January 16, 2025

    Latest Companion Bill Action

    S 119-126
    Introduced in Senate


  • February 20, 2026
    Introduced in House


  • February 20, 2026
    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.

Related Bills

  • S 119-263: FAIR Act of 2025

FAIR Act of 2026

USA119th CongressHR-7638| House 
| Updated: 2/20/2026
The Fifth Amendment Integrity Restoration Act of 2026, or FAIR Act, aims to significantly reform federal civil asset forfeiture procedures. A primary change is the elimination of nonjudicial forfeiture , mandating that all property forfeitures must proceed through a United States district court, thereby requiring judicial oversight for every case. This bill also shortens the government's timeline for identifying interested parties and filing civil forfeiture complaints after a seizure, ensuring quicker judicial review. Key provisions strengthen protections for property owners by increasing the government's burden of proof in civil forfeiture cases from "preponderance of the evidence" to "clear and convincing evidence." Furthermore, the government must establish a substantial connection between the property and the alleged offense, and prove the owner's intent or willful blindness. The bill also shifts the burden to the government to disprove an innocent owner defense and allows courts to authorize or appoint counsel for financially disadvantaged individuals. To remove financial incentives for seizing agencies, the FAIR Act directs all proceeds from forfeited property to the General Fund of the Treasury , rather than allowing agencies to retain these funds. It also amends laws related to structuring transactions, requiring proof that individuals *knowingly* evaded reporting requirements and that the funds were *not derived from a legitimate source*. For structuring-related seizures, a probable cause hearing must be held within 14 days, with property returned if probable cause is not found.
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 118-3417
FAIR Act

Bill from Previous Congress

HR 118-751
FAIR Act

Bill from Previous Congress

HR 118-10289
FAIR Act

Bill from Previous Congress

HR 118-7127
FAIR Act

Bill from Previous Congress

HR 118-1525
FAIR Act of 2023

Bill from Previous Congress

HR 118-1524
FAIR Act of 2023

Bill from Previous Congress

HR 118-4144
FAIR Act

Bill from Previous Congress

HR 118-2953
FAIR Act of 2023

Bill from Previous Congress

HR 118-536
FAIR Act

Bill from Previous Congress

HR 116-1895
FAIR Act
Jan 16, 2025

Latest Companion Bill Action

S 119-126
Introduced in Senate
Feb 20, 2026
Introduced in House
Feb 20, 2026
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.
  • 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 118-3417
    FAIR Act


  • Bill from Previous Congress

    HR 118-751
    FAIR Act


  • Bill from Previous Congress

    HR 118-10289
    FAIR Act


  • Bill from Previous Congress

    HR 118-7127
    FAIR Act


  • Bill from Previous Congress

    HR 118-1525
    FAIR Act of 2023


  • Bill from Previous Congress

    HR 118-1524
    FAIR Act of 2023


  • Bill from Previous Congress

    HR 118-4144
    FAIR Act


  • Bill from Previous Congress

    HR 118-2953
    FAIR Act of 2023


  • Bill from Previous Congress

    HR 118-536
    FAIR Act


  • Bill from Previous Congress

    HR 116-1895
    FAIR Act


  • January 16, 2025

    Latest Companion Bill Action

    S 119-126
    Introduced in Senate


  • February 20, 2026
    Introduced in House


  • February 20, 2026
    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.
Tim Walberg

Tim Walberg

Republican Representative

Michigan

Cosponsors (3)
Tom McClintock (Republican)Mary Gay Scanlon (Democratic)Jamie Raskin (Democratic)

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

Related Bills

  • S 119-263: FAIR Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted