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.
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.
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.
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.
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.
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.