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119-hr-7638119th Congress

FAIR Act of 2026

Sponsored By: Representative Walberg, Tim [R-MI-5]

Introduced

Summary

Ban nonjudicial civil forfeiture and push most federal property seizures into the courts. This bill would raise proof standards for forfeiture, add faster hearings and notice rules for people who lose property, and move forfeiture proceeds into the General Fund of the Treasury.

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  • Individuals and property owners would gain stronger protections. The government would face higher evidentiary standards, including clear and convincing proof when it claims property was used to commit a crime, and claimants would get better notice and identification rights plus a 14 day probable‑cause hearing for certain seizures.
  • Federal law enforcement and the Department of Justice would face tighter limits on seizing and keeping property without judicial involvement. The bill narrows or bans nonjudicial forfeiture, shifts many steps into judicial processes, and adds a knowledge requirement for anti‑structuring laws.
  • Federal finances and reporting would change. The bill would require forfeiture proceeds from major statutes to be deposited into the General Fund and would force clearer reporting that separates criminal from civil forfeiture funds.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Stronger protections for seized property

This bill would sharply limit agency-only forfeitures and require most forfeitures to go to a U.S. district court. The government would have to prove a claimant is not an innocent owner by a preponderance of the evidence, and when property is alleged used to commit a crime the government would need clear and convincing evidence of a strong connection and owner culpability. Courts could appoint counsel for people who cannot afford a lawyer or when attorney costs exceed the property value. Several deadlines would be shorter, with new 6-month, 7-day, and 30-day timing rules. These changes would take effect on enactment and apply to cases filed or pending on or after the date of enactment.

Forfeiture money sent to Treasury

The bill would require proceeds from many federal forfeitures to be forwarded to the U.S. Treasury General Fund or transferred on terms set by the Treasurer. It would change reporting so agencies must separate criminal and civil forfeiture deposits. The bill also revises customs (Tariff Act) forfeiture text and related procedures that affect importers and owners of seized goods. These changes would take effect on enactment.

Faster hearings and structuring rules

The bill would add the word "knowingly" to the federal structuring law, narrowing what prosecutors must prove and limiting covered transactions to funds not from a legitimate source. It would also require a court hearing within 14 days after notice when property is seized under that structuring rule. Courts would have to return the property unless they find probable cause. These rules would apply to property seized after the law takes effect.

Sponsors & CoSponsors

Sponsor

Walberg, Tim [R-MI-5]

MI • R

Cosponsors

  • Rep. Raskin, Jamie [D-MD-8]

    MD • D

    Sponsored 2/20/2026

  • Rep. McClintock, Tom [R-CA-5]

    CA • R

    Sponsored 2/20/2026

  • Rep. Scanlon, Mary Gay [D-PA-5]

    PA • D

    Sponsored 2/20/2026

Roll Call Votes

No roll call votes available for this bill.

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