FAIR Act of 2025 has not moved since its introduction on Jan 27, 2025, with cosponsors split almost evenly between the parties
Written by the Congressional Research Service [2]. 245 words.
Fifth Amendment Integrity Restoration Act of 2025 or the FAIR Act of 2025 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.
- Committees
- Senate Judiciary Committee
- Policy area
- Crime and Law Enforcement: 118 of 4,553 bills became law, 113th–118th (2.6%)
- Sponsor
- 0 of 381 bills enacted since 2013
- Text versions
- 1: introduced in senate · 1,924 words
- Subjects
- Administrative remediesCivil actions and liabilityCongressional oversightCriminal investigation, prosecution, interrogationCustoms enforcementDue process and equal protection +7 more
- Latest action
- Jan 27, 2025: Read twice and referred to the Committee on the Judiciary.
- Records
- Congress.gov · Bill text
Each bill appears once, under its strongest link. 1 in all.
Related, per CRS or House · 1
- 119th H.R. 7638 FAIR Act of 2026 R · Introduced