FAIR Act of 2026
Latest action. 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 jurisdictionA court's legal authority to hear a case: over the subject matter, the parties, and the territory.Read the full definition (opens a new tab) of the committee concerned.
Fifth Amendment Integrity Restoration Act of 2026 or the FAIR Act of 2026
This bill establishes more stringent requirements for the federal government with respect to civil asset forfeiture. Civil asset forfeiture generally refers to the seizure and forfeiture of property in connection with federal crimes.
Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill
generally requires the government to notify interested parties within 7 days (currently, 60 days) of a seizure,
requires an indigent property owner to be represented by counsel regardless of whether the owner requests counsel,
requires the government to meet a higher evidentiary standard in order to prove that seized property is connected to a crime, and
expands the factors courts must consider in determining whether a forfeiture of property is constitutionally excessive.
Additionally, the bill eliminates statutory authority for equitable sharing (i.e., sharing of federally forfeited assets with state, local, or tribal law enforcement agencies that participate in law enforcement efforts resulting in a forfeiture). It directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice (DOJ) Assets Forfeiture Fund.
The bill requires a prompt probable cause hearing following the seizure of money involved in a structuring offense (i.e., structuring currency transactions to evade currency reporting requirements).
Finally, the bill requires the annual report on deposits to the DOJ Assets Forfeiture Fund to specify total deposits from each type of forfeiture.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 20, 2026. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on 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.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 118th Congress (2023-24), 274 of the 16,565 bills and joint resolutions introduced became law, about 1.7 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Tim Walberg (R-MI) introduced it on February 20, 2026, and 3 members have since signed on as cosponsors.
They come from both major parties: 2 Democrats, 1 Republican.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 20, 2026, 202 days ago. The most recent recorded action was 202 days ago, on February 20, 2026.
Measures do not carry over. Anything the 119th Congress has not finished by January 3, 2027 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers