Bill > HR7638

This bill, known as the Fifth Amendment Integrity Restoration Act of 2026 or the FAIR Act of 2026, aims to strengthen protections related to civil forfeiture, a legal process where law enforcement can seize assets suspected of being involved in criminal activity, even without charging the owner with a crime. Key provisions include shortening the time the government has to notify individuals about seized property, requiring the government to prove forfeiture by "clear and convincing evidence" rather than a "preponderance of the evidence" (a higher legal standard), and ensuring that individuals who cannot afford a lawyer in forfeiture cases can have one appointed. The bill also mandates that all federal forfeitures must go through a judicial process, meaning a court must approve them, and prohibits "nonjudicial forfeitures," which are forfeitures initiated by federal agencies without court involvement. Additionally, it changes how forfeited assets are handled, generally directing proceeds to the U.S. Treasury's General Fund, and requires a probable cause hearing within 14 days for property seized in relation to certain monetary transaction reporting violations.