Goodlatte Statement at Markup of the Due Process Act

Chairman Goodlatte: In February of 2015, this committee held a hearing on civil asset forfeiture.  In the intervening months, the committee has continuously met with and discussed this issue with reformers, law enforcement agencies, and members and staff in an attempt to find a bill that strikes the proper balance between the need to ensure that criminals do not retain the profits of their crimes and the need to protect Americans’ property rights. The bill the committee is considering today is the product of countless hours of discussions with those groups and it addresses the abuses we learned about during our hearing. I want to thank Crime Subcommittee Chairman Sensenbrenner for introducing this important piece of legislation, Rep. Walberg for his important work on this issue, and the many members of this committee who have supported it by becoming cosponsors. In 2000, Congress, led by then- Chairman Henry Hyde, passed CAFRA, the Civil Asset Forfeiture Reform Act. CAFRA came from a recognition by this Committee, and by others that civil asset forfeiture is a powerful law enforcement tool, but one that needs to be carefully monitored. That same recognition exists today but is coupled with the understanding that CAFRA is in need of additional protections to safeguard individual freedoms. We have heard of the systemic problems in the current system of civil forfeiture.  We have heard of citizens losing their car or home when others in their family have been involved in small crimes.  We have heard of traffic stops that result in innocent people losing the cash they were carrying to buy a car, or to grow their small business. These stories have highlighted the long and complicated process that innocent owners must go through to get their property back, a process which this bill will streamline. Like any law enforcement tool, if used improperly, or without sufficient safeguards, it has the possibility of infringing on the rights of citizens.  The Justice Department, as the largest law enforcement agency in the country, has a vital role to play in this and I hope they will support this bipartisan effort. As I said at the beginning of the hearing on this issue, asset forfeiture is a vital tool for law enforcement because it deprives criminals of the proceeds of their crimes and debilitates the criminal enterprise.  However, we must be cognizant of the fact that this instrument without proper safeguards can harm innocent people. With that in mind, this bill includes numerous procedural reforms, including a quicker timeline for processing, so innocent people can have resolution of their claim sooner. The bill also includes the right to counsel in forfeiture proceedings, and the right to a post seizure hearing to immediately petition an independent judge to have improperly seized property returned. The bill raises the burden of proof that the government must establish to show that the assets were related to a criminal activity. There are also provisions in the bill to protect innocent owners and to make sure that any seizure is proportional to the significance of the crime. Finally, there are numerous transparency measures built into the bill so that Congress, the Department of Justice Inspector General, and outside groups, can monitor this tool to be sure it is being used fairly. This bill will strengthen the procedures and policies related to forfeiture to protect innocent parties while still allowing federal officials to use this vital tool to hinder criminal operations.  In doing so, it strikes the proper balance between law enforcement needs and civil liberties protections.  I urge my colleagues to support this important measure. For more on today’s markup, click here.