S 263 119th Congress
FAIR Act of 2025
A bill to restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.
Official Title as Introduced Congress.gov
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Bill journey
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Introduction Congress.gov
Introduced
Introduced in the Senate.
Open bill recordOfficial action Congress.gov
Read twice and referred to the Committee on the Judiciary.
Open bill recordOfficial action Congress.gov
Introduced in Senate
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Introduced in Senate
A dated text-version record is available.
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| Date and time | Record | Official detail | Source |
|---|---|---|---|
| IntroductionIntroduced | Introduced in the Senate. | Congress.gov | |
| Official actionRead twice and referred to the Committee on the Judiciary. | No additional detail supplied.IntroReferral · Senate | Congress.gov | |
| Official actionIntroduced in Senate | No additional detail supplied.IntroReferral · Library of Congress · Code 10000 | Congress.gov | |
| Text versionIntroduced in Senate | A dated text-version record is available. | Congress.gov |
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Congressional Research Service
CRS summary
Fifth Amendment Integrity Restoration Act of 2025 or the FAIR Act of 2025This 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, andexpands 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.
Official documents
Text versions
- Introduced in SenateJan 27, 2025