What does Preamble of FAIR Act of 2026 do?

This bill is formally titled 'To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.' The bill aims to restore the integrity of the Fifth Amendment to the Constitution of the United States.

What does SHORT TITLE. of FAIR Act of 2026 do?

This bill is formally titled the Fifth Amendment Integrity Restoration Act of 2026.

What does CIVIL FORFEITURE AND NONJUDICIAL FORFEITURE. of FAIR Act of 2026 do?

This section amends Section 983 of Title 18, United States Code, relating to civil forfeiture and nonjudicial forfeiture. It modifies procedures for determining the identity of parties involved in forfeiture actions, requiring notification within specific timeframes. The requirements for representation of individuals financially unable to afford counsel in civil forfeiture proceedings are adjusted. The standard of proof for forfeiture is raised to 'clear and convincing evidence' in certain circumstances. The government's burden of proof regarding innocent ownership is clarified, requiring proof by a preponderance of the evidence. Procedures for nonjudicial forfeitures are significantly altered, including time limits for commencing proceedings. The court's consideration of factors in forfeiture determinations is expanded to include hardship to the property owner and dependents. The bill establishes that no Federal seizing agency may conduct nonjudicial forfeitures, and no property may be subject to forfeiture except through judicial process.

What does DISPOSITION OF FORFEITED PROPERTY. of FAIR Act of 2026 do?

This section amends the Controlled Substances Act to revise procedures related to forfeited property. Chapter 46 of Title 18, United States Code, is amended to require forwarding proceeds of forfeited property to the General Fund of the Treasury. The Tariff Act of 1930 is amended, including changes to section 613A and renaming section 616 to address 'dismissal in favor of forfeiture under state law'. Section 9705 of Title 31, United States Code, is amended to remove certain subparagraphs and paragraphs.

What does DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND DEPOSITS. of FAIR Act of 2026 do?

This section amends Section 524(c)(4) of Title 28, United States Code. Subparagraphs (A) and (B) of Section 524(c)(4) are struck. Subparagraphs (C) and (D) of Section 524(c)(4) are redesignated as (A) and (B), respectively.

What does STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENT of FAIR Act of 2026 do?

This section amends Title 31 of the United States Code, specifically sections 5324 and 5317. Amendments to section 5324 add the word 'knowingly' to certain subsections related to monetary instrument transactions. Section 5317 is amended to add a provision requiring a probable cause hearing within 14 days after notice is provided for property seized or restrained under subsection (c)(2) related to alleged violations of section 5324. If a court finds probable cause, property may be retained; otherwise, it must be returned. The amendment to section 5317 applies to property seized or restrained after the date of enactment of this Act.

What does REPORTING REQUIREMENTS. of FAIR Act of 2026 do?

This section amends Section 524(c)(6)(A)(i) of title 28, United States Code. The amendment inserts language requiring a distinction between funds obtained from criminal forfeitures and civil forfeitures.

What does APPLICABILITY. of FAIR Act of 2026 do?

This section outlines the applicability of the Act's amendments. The amendments apply to civil forfeiture proceedings pending on or filed after the date of enactment. The amendments also apply to amounts received from property forfeiture on or after the date of enactment.

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FAIR Act of 2026

Last updated: 2/20/2026 · Introduced: 2/20/2026

Author: Tim Walberg (R-MI)

TL;DR (AI)

The bill raises the standard of proof required for forfeiture to 'clear and convincing evidence' in certain cases and clarifies the government's burden of proof regarding innocent ownership.
It significantly alters nonjudicial forfeiture procedures, prohibiting federal agencies from conducting them and requiring all forfeitures to occur through judicial processes.
The bill revises procedures for handling forfeited property, requiring proceeds to be forwarded to the General Fund of the Treasury and adding a 'knowingly' requirement to certain monetary instrument transaction subsections.

119th Congressin committeeS. 263(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 6 more.

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