CONYERS: FBI Broke the Law and General Counsel’s Office, Headed by Valerie Caproni, Sanctioned It and Must Face Consequences

MARCH 20, 2007

Dean of the U.S. House
of Representatives
John Conyers, Jr.

(Washington) April 14, 2010 - House Judiciary Committee Chair John Conyers, Jr. (D-Mich.) issued the following statement after the Judiciary Subcommittee Hearing on the Report by the Office of Inspector General (IG) of the Department of Justice on the FBI’s Use of Exigent Letters and Other Informal Requests for Telephone Records.

"Today’s hearing showed that the FBI broke the law on telephone records privacy and the General Counsel’s Office, headed by Valerie Caproni, sanctioned it and must face consequences," said Conyers. "I call upon FBI Director Mueller to take immediate action to punish those who violated the rules, including firing them from the agency. This must include the FBI Office of General Counsel, headed by Valerie Caproni, which the IG testified today had ‘approved [the] continued use’ of exigent letters and ‘provided legal advice that was inconsistent with’ federal law.

https://www.c-span.org/video/?186015-2/personal-information-privacy

https://www.c-span.org/video/?197219-1/fbi-national-security-letters

https://www.c-span.org/video/?286761-2/security-privacy-technology

Valerie Caproni

"Between 2003 and 2006, the FBI improperly obtained personal telephone record information from U.S. telephone companies for more than 5,500 phone numbers, including private details protected by federal law. The IG found that, during this period, much of this information was obtained through the use of so-called ‘exigent letters’, which do not exist in the Patriot Act and have no statutory basis whatsoever. In some cases agents sent letters with information known to be false.

"The FBI must fulfill its obligations to protect the rights as well as the security of all Americans. I share the concerns of my colleague, the former Republican chairman of the Committee James Sensenbrenner (R-Wis.), who today said,

‘I’m extremely disappointed that every time Congress has tried to plug potential civil rights and civil liberties violations in our counterterrorism activities, the FBI seems to have figured out a way to get around it.’

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CONYERS, GOODLATTE and Judiciary Committee Members Introduce the USA Liberty Act

Washington, D.C. – House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.)Ranking Member John Conyers, Jr. (D-Mich.),  Chairman Bob Goodlatte (R-Va.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), and Courts, Intellectual Property and the Internet Subcommittee Ranking Member Jerrold Nadler (D-N.Y.) today introduced the USA Liberty Act (H.R. 3989). This bipartisan bill reforms and reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is set to expire at the end of this year, to protect both national security and Americans’ civil liberties.

The USA Liberty Act preserves the core purpose of Section 702: the collection of communications by targeting non-U.S. persons located outside the U.S. in order to identify and thwart terrorist plots against our nation and our citizens. The bill also creates a new framework of protections and transparency requirements to ensure that the government’s use of Section 702 accords with principles enshrined in our Constitution that protect individual liberty. It provides new accountability measures to address the unmasking of U.S. persons’ identities and new reporting requirements on the number of U.S. persons who have been swept up in Section 702 collection. The bill also enhances national security by increasing penalties for those who leak classified information and calling on the intelligence agencies to share information with each other and with our allies to combat terrorism.

Below are statements from Judiciary Committee leaders on the introduction of the USA Liberty Act.

Ranking Member Conyers: “Section 702 of the Foreign Intelligence Surveillance Act is essential to the intelligence community’s gathering of foreign intelligence and detecting threats to the homeland.  Its reauthorization should include reforms that bring this authority better in line with our sense of privacy and due process.  Indeed, we believe that it will only be possible to reauthorize Section 702 with such reforms in place. The bipartisan USA Liberty Act is designed to accomplish this goal.”

Chairman Goodlatte: “The USA Liberty Act protects Americans’ lives and their civil liberties. This bipartisan bill reauthorizes a critical national security tool that keeps Americans safe but also reforms it to protect Americans’ constitutional rights. It contains more accountability, transparency, and oversight so that the American people have confidence that our cherished liberties continue to be protected as the intelligence community keeps us safe from foreign enemies wishing to harm our nation and citizens. The bill also contains a number of measures to further enhance national security so that our country remains free and safe. I thank the many members who have worked on this bill for months and look forward to bringing it up in the House Judiciary Committee soon.”

Crime Subcommittee Chairman Sensenbrenner: “The USA Liberty Act is carefully crafted, bipartisan legislation that represents the type of common sense compromise that we desperately need in this country. It balances privacy and security concerns by requiring greater oversight, transparency, and accountability of the government’s surveillance powers while limiting the incidental collection of Americans’ communications and requiring a court order to query data. It also puts in place a critical six-year sunset provision, allowing Congress to respond appropriately to the ever-changing threats facing our nation. This is smart, forward-leaning legislation that I urge my colleagues to get behind.”

Crime Subcommittee Ranking Member Jackson Lee: “Collectively, what Democrats and Republicans have agreed on is a strategy that secures the homeland, while preserving cherished liberties that still make America the envy of the world.”

IP Subcommittee Ranking Member Nadler: “The USA Liberty Act is an attempt to strike the appropriate balance, as we did in the USA Freedom Act, of giving our intelligence agencies the tools they need to keep us safe while making sure individual liberty and privacy rights are better protected. For the first time, the bill institutes a requirement for a warrant—based on probable cause—for criminal investigators to query the information obtained by the 702 program. In addition, this legislation significantly curbs the amount of incidental information that can be searched, and, most importantly, institutes critical operational norms for the 702 program that make it more accountable, more transparent, and ultimately more effective in striking the critical balance between national security needs and the individual’s constitutional rights. I want to thank Chairman Goodlatte and Ranking Member Conyers for working in good faith on the USA Liberty Act, which goes a long way in reforming government surveillance under Section 702.”

Additional original cosponsors of the bill include Representatives Lamar Smith (R-Texas), Steve Chabot (R-Ohio), Doug Collins (R-Ga.), Mike Johnson (R-La.), John Rutherford (R-Fla.) Hank Johnson (D-Ga.), Ted Deutch (D-Fla.), and Jamie Raskin (D-Md.).

Background: FISA Section 702, which will expire on December 31, 2017, authorizes surveillance of the communications of non-U.S. persons located outside of the United States in order to protect national security. It reportedly contributes to a quarter of all National Security Agency surveillance and has been used on multiple occasions to detect and prevent horrific terrorist plots against our country. Although Congress designed this authority to target non-U.S. persons located outside of the United States, it is clear that Section 702 surveillance programs can and do incidentally collect information about U.S. persons when U.S. persons communicate with the foreign targets of Section 702 surveillance.

House Judiciary Summary of USA Liberty Act To Reform and Reauthorize Section FISA Section 702 by Beverly Tran on Scribd

House Introduced USA Liberty Act Bill Text by Beverly Tran on Scribd

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CONYERS & SENSENBRENNER Urge AG Sessions To Reconsider DOJ Policies On Asset Forfeiture

WASHINGTON, D.C. – Today, John Conyers (D-Mich.) and Congressmen Jim Sensenbrenner (R-Wis.) sent the following letter to United States Attorney General Jeff Sessions to express concerns and objections to his proposal to expand the Department of Justice’s civil asset forfeiture program. The letter also urges AG Sessions to reconsider his newly-announced policies.

Congressman Conyers: “I am deeply disappointed by the Justice Department’s recent move to reverse its ban on adoptive seizures.  The prior policy, which was instituted in January of 2015, greatly curtailed this practice, which provides financial incentives for law enforcement to seize the property – including the homes – of individuals who may not even be guilty of a crime.  I call on Senator Sessions to withdraw the new policy, which is contrary to the growing bipartisan effort to reform our civil forfeiture laws and practices.  Indeed, the time has come for Congress to enact the DUE PROCESS Act, a bipartisan bill to significantly alter these laws and increase protections for innocent property owners.”

Congressman Sensenbrenner: “Expanding the federal civil asset forfeiture program is a step in the wrong direction and I urge Attorney General Sessions and his Department of Justice to reconsider. I am a supporter of criminal asset forfeiture – the seizure of property after the conviction of crime—but with civil asset forfeiture, law enforcement has a direct economic incentive to take people’s property without ever even charging them with a crime. We need to add more due process to forfeiture proceedings. Expanding forfeiture without increasing protections is, in my view, unconstitutional and wrong.”

Conyers & Sensenbrenner Letter to Attorney General Sessions Re Adoptive Forfeitures 8.4.17 by Beverly Tran on Scribd
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CONYERS & SENSENBRENNER Reintroduce Bipartisan Voting Rights Amendment Act of 2017

WASHINGTON, D.C. – Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.) and House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations  Chairman Jim Sensenbrenner (R-Wis.) reintroduced the bipartisan Voting Rights Amendment Act of 2017 (VRAA), which would fully restore and modernize the original Voting Rights Act (VRA) of 1965 to reflect today’s societal needs and challenges.

One of the VRA’s core protections is its preclearance system, which previously required states with a documented history of discrimination to allow the federal government to review changes to voting laws and practices before they were implemented. This provision was struck down in 2013 by the Supreme Court in Shelby v. Holder, where the court held that while preclearance is constitutional; it is unconstitutional to apply it to states based on the 1965 formula.

Congressmen Sensenbrenner and Conyers introduced the Voting Rights Amendment Act of 2017 in response to this ruling. The VRAA would make all states and jurisdictions eligible for coverage formula based on voting violations in the last 15 years. Key elements of the legislation include:

·         Applies equally to every state in the country and only applies if a state has a documented history of discrimination.

·         States would only be subject to preclearance if they have committed five voting violations in the last 15 years.

• Provides greater transparency in elections so that voters are made aware of any changes to polling times, dates, locations, and protocols. The additional sunlight will deter discrimination from occurring and protect voters from discrimination.

• Allows for preliminary relief to be obtained more readily, given that voting rights cannot often be vindicated after an election is already over.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Congressman Conyers: “As a founding member of the Congressional Black Caucus who cosponsored the original Voting Rights Act in 1965, I have witnessed firsthand the stain that discrimination has placed on our democracy.   The right to vote is the foundation of all other rights and the Voting Rights Act was critical to ensuring equal access to the ballot box for all Americans. In the wake of the 2013 Supreme Court decision, some states immediately worked to roll back the progress that has been made.  Congress has a long history of protecting and expanding access to the ballot box and it should continue to build on that legacy by fully restoring and enhancing the Voting Rights Act.”

Congressman Sensenbrenner: “Every American – no matter the color of their skin – needs to know that we understand their right to vote is sacred. That is why reauthorizing the Voting Rights Act is so important. I’m confident that congressional leaders of both parties can come together in support of this modernized legislation and show their unfailing commitment to protecting that right.”

President Lyndon Johnson signed the Voting Rights Act into law in August of 1965, and it has been reauthorized four times since.  President George W. Bush signed the most recent reauthorization into law in 2006, after the House voted 390-33 and the Senate 98-0 in favor of the legislation.

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ENCRYPTION WORKING GROUP RELEASES YEAR-END REPORT

The report contains key observations and opportunities for progress

Washington, D.C. –Members of the bipartisan encryption working group – established in March 2016 by House Judiciary Committee Chairman Bob Goodlatte (R-VA), Ranking Member John Conyers, Jr. (D-MI), House Energy and Commerce Committee Chairman Fred Upton (R-MI), and Ranking Member Frank Pallone, Jr. (D-NJ) – today released a year-end report laying out key observations and next steps.

For nearly a year, the Encryption Working Group has held numerous meetings with a variety of federal, state, and local government entities, former government officials, private industry and trade associations, civil society organizations, consultants and legal experts, academia, and cryptographers. These meetings have produced critical information, culminating in a year-end report that lays out four key observations and identifies several areas for future discussion next Congress.

The report concludes:

“Encryption is inexorably tied to our national interests. It is a safeguard for our personal secrets and economic prosperity. It helps to prevent crime and protect national security. The widespread use of encryption technologies also complicates the missions of the law enforcement and intelligence communities. As described in this report, those complications cannot be ignored. This is the reality of modern society. We must strive to find common ground in our collective responsibility: to prevent crime, protect national security, and provide the best possible conditions for peace and prosperity.

“That is why this can no longer be an isolated or binary debate. There is no ‘us versus them,’ or ‘pro-encryption versus law enforcement.’ This conversation implicates everyone and everything that depends on connected technologies—including our law enforcement and intelligence communities. This is a complex challenge that will take time, patience, and cooperation to resolve.  The potential consequences of inaction—or overreaction—are too important to allow historical or ideological perspectives to stand in the way of progress.”

Below are key observations of the report.

1.      Any measure that weakens encryption works against the national interest.

2.      Encryption technology is a global technology that is widely and increasingly available around the world.

3.      The variety of stakeholders, technologies, and other factors create different and divergent challenges with respect to encryption and the “going dark” phenomenon, and therefore there is no one-size-fits-all solution to the encryption challenge.

4.      Congress should foster cooperation between the law enforcement community and technology companies.

Based on these observations, the report has identified several areas for future discussion by the committees next Congress, such as exploring opportunities to help law enforcement agencies navigate the process of accessing information from private companies; examining options to improve law enforcement’s ability to leverage metadata; reviewing the circumstances, resources and legal framework necessary to help law enforcement agencies exploit existing flaws in digital products; considering the implications of alternative legal strategies such as compelling individual consumers to decrypt their devices, and the role of encryption in fostering greater data security and privacy.

The members of the working group issuing the report are House Judiciary Committee Chairman Bob Goodlatte (R-VA), House Energy and Commerce Chairman Fred Upton (R-Mich.), Ranking Member John Conyers, Jr. (D-Mich.), Ranking Member Frank Pallone, Jr. (D-N.J.), and Representatives Jim Sensenbrenner (R-WI), Darrell Issa (R-CA), Zoe Lofgren (D-CA), Suzan DelBene (D-WA), Bill Johnson (R-OH), and Yvette D. Clarke (D-NY).

House Judiciary & Energy and Commerce Committees Encryption Working Group Year-End Report December 20, 2016... by Beverly Tran on Scribd

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EMMETT TILL UNSOLVED CIVIL RIGHTS CRIMES REAUTHORIZATION ACT PASSED BY CONGRESS

Washington, DC—During its final session of the 114th Congress, the Senate passed the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (S.2854/H.R.5067).  In the Senate, the bill was led by Sen. Richard Burr (R-NC), Sen. Patrick Leahy (D-VT), Sen. Claire McCaskill (D-MO), and Sen. Roy Blunt (R-MO).  In the House, original sponsors were Rep. John Conyers, Jr. (D-MI), Rep. John Lewis (D-GA) and Rep. Jim Sensenbrenner (R-WI). The bill now heads to the President to be signed into law.

BACKGROUND

Before the passage of major civil rights legislation in the 1960s, hundreds of racially suspicious crimes were committed in this country, and few attempts to prosecute them were ever pursued.  Tuskegee Institute once kept a record of verified lynchings in the United States from 1877 to 1950.  The institute documented that nearly 4000 mainly unprosecuted civil rights crimes occurred during that period.  Many American families continue to pass down stories of loss and disappearance even today without knowing the truth about what actually happened to their loved ones. 

PRIMARY GOALS OF THE BILL

The Emmett Till Unsolved Civil Rights Crimes Reauthorization Act represents a critical opportunity to right these wrongs committed, primarily against African Americans, but also against people of diverse backgrounds.  In some cases, individuals still remain who were witnesses to these crimes or who can help provide evidence regarding these incidents.  This bill reauthorizes and updates the original legislation that was signed into law in 2008.  It seeks to respond to the concerns of victims' family members and strengthen collaboration between the Justice Department, the FBI, State and local law enforcement, and advocates to pursue these cold cases.  There is a collective goal to seek the truth about this long-standing tragedies and hold the perpetrators and orchestrators of these atrocities accountable.   This reauthorization also seeks to respond to the concerns of advocates regarding the implementation of the original legislation. 

BI-PARTISAN and BI-CAMERAL STATEMENTS OF SUPPORT

Dean of the U.S. House
of Representatives
John Conyers, Jr.

"As we work to address current questions about racial violence and civil rights, we should be mindful of our history and why so many in the African-American community raise the issue of whether black lives matter.  Passage of the original Emmett Till Act represented a commitment to resolving the unanswered questions from one of the darkest periods in modern American history.  This bipartisan reauthorization represents further investment in our history and will allow the Department of Justice to resolve remaining issues."  Rep. John Conyers, Jr.  - MI

"When this bill was signed into law, family members, academics, historians, lawyers, advocates began working to develop a full accounting for these long-standing, gross human and civil rights atrocities.  The reauthorization passed by Congress is a response to their appeals to make the law a better tool in their quest for justice. We also worked across the aisle and across the Dome to develop a bill that fulfills our promise to remain committed to the pursuit of truth on behalf of victims and their families.  I am very pleased that Congress has passed this legislation and I look forward to the signature of President Barack Obama."  Rep. John Lewis - GA

“I am pleased that this bill is now finally heading to the President’s desk. Investigators can now work to discover the truth and to seek justice under our legal system for the families of these victims. Every American is worthy of the protection of our laws. I want to thank the Till family, Alvin Sykes, Congressman John Lewis, and all of the civil rights activists who helped make this law a reality. Today’s victory is theirs.”  Sen. Richard Burr - NC

 “Too many families suffer from the unsolved murders of their loved ones during the civil rights era without receiving justice.  The way to best serve these families is to provide our Federal government with the tools it needs to investigate these unsolved crimes, and to hopefully, bring some sense of closure for these families.  I thank Congressman Lewis for his tireless work on behalf of the families of these victims of unsolved murders from the civil rights era and I am proud to stand with him on this effort.”   Sen. Patrick Leahy - VT

“This legislation brings justice and closure to the families and communities affected by the heinous acts of violence and hatred that are a stain on our nation’s history. The bill will help us continue the critical work of better investigating and solving these crimes, no matter how long ago they occurred, and I’m thrilled we’ve finally been able to carry it across the finish line.” Sen. Claire McCaskill - MO

“The Emmett Till Unsolved Civil Rights Crimes Reauthorization Act sets out to investigate racially-motivated murders. Sadly, there is still more work to be done and it’s important that we reauthorize this bill so that the FBI and DOJ can continue investigating unsolved crimes.”    Sen. Roy Blunt - MO

“As an original cosponsor of the Emmett Till Reauthorization Act, I’m pleased to see my colleagues came together and supported this important bill. This bipartisan legislation will provide for a sustained, well-coordinated effort to investigate and prosecute unsolved civil rights-era crimes. There are hundreds of cold cases from the civil rights era that have never been solved and it is my hope that we are able to bring justice to the victims’ families.”  Rep. Jim Sensenbrenner - WI

MAJOR PROVISIONS OF THE LEGISLATION

·         This bill requires the Department of Justice and FBI to consult with civil rights organizations, universities, and other entities that have also been gathering evidence in these cold cases;

·         Provides clearer direction and improved coordination between federal, state, and local law enforcement and the activists, advocates, and academics working on these issues;

·         Strengthens the Department of Justice’s reporting requirements;

·         Expands the time span of cases to be considered by ten years, to include all cases that occurred not later than December 31, 1979;

·         Eliminates the sunset provision in the original bill;

·         Encourages the Department of Justice to review specific closed cases that warrant further investigation;

·         Maintains the previous investigation structure and funding levels; and

·         Clarifies the law’s intent.

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CONYERS, LEWIS & SENSENBRENNER Applaud House Passage of Emmett Till Unsolved Civil Rights Crimes Reauthorization Act

Washington, DC – Today, the U.S. House of Representatives passed S. 2854/ H.R. 5067, the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act. The Till bill's primary purpose is to provide federal resources to local jurisdictions in the resolution of civil rights era cold cases.  This reauthorization represents a recommitment to the original goals of the bill as well as the strengthening and clarification of the law, as called for by interested civil rights groups and families. 

The lead House sponsors of the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act released the following statements after House passage of the legislation:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“We must never forget our nation’s dark past and should be mindful of our history and why so many in the African-American community raise the issue of whether black lives matter.  Many civil rights era crimes were barely noted or investigated, and I believe the perpetrators of those crimes should be brought to justice, even 50 years later. We passed the Emmett Till Unsolved Civil Rights Crimes Act in 2007 to help bring these cases to light and seek justice for victims and their families. The Till Reauthorization Act will further empower the Department of Justice and cold case advocates to share information and review the status and closure of cases through 1980.  I applaud House passage of this legislation and urge my Senate colleagues to quickly pass the legislation, so that it can be signed into law.”  ORIGINAL CO-SPONSOR - Rep. John Conyers, Jr. (D-MI)

“When this bill was signed into law, family members, academics, historians, lawyers, advocates began working to develop a full accounting for these long-standing, gross human and civil rights atrocities.  The reauthorization that the House passed this evening is a response to their appeals to make the law a better tool in their quest for justice. We took the time to research and study what happened after the original bill was signed into law.  We listened to and were guided by the advocates, by law professors, by families, and by the press.  We worked across the aisle and across the Dome to develop a bill that fulfills our promise to never give up on this effort – to never abandon the pursuit of truth.  I am very pleased by House passage tonight and look forward to passage in the Senate and the signature of President Barack Obama.” ORIGINAL CO-SPONSOR - Rep. John Lewis (D-GA)

“As an original cosponsor of the Emmett Till Reauthorization Act, I’m pleased to see my colleagues came together and supported this important bill. This bipartisan legislation will provide for a sustained, well-coordinated effort to investigate and prosecute unsolved civil rights-era crimes. There are hundreds of cold cases from the civil rights era that have never been solved, and it is my hope that we are able to bring justice to the victims’ families.”  ORIGINAL CO-SPONSOR -  Rep. Jim Sensenbrenner (R-WI)

Senate action on the amended bill is anticipated before the end of the 114th Congress, and sponsors are hoping it will be signed into law in 2016. 

• This bill requires the Department of Justice and FBI to consult with civil rights organizations, universities, and other entities that have also been gathering evidence in these cold cases;  
• Provides clearer direction and improved coordination between federal, state, and local law enforcement and the activists, advocates, and academics working on these issues;  
• Strengthens the Department of Justice’s reporting requirements;
• Expands the time span of cases to be considered by ten years, to include all cases that occurred not later than December 31, 1979;
• Encourages the Department of Justice to review specific closed cases that warrant further investigation; 
• Maintains the previous investigation structure and funding levels; and
• Clarifies the law’s intent.

Conyers' floor statement video can be watched here.

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House Judiciary Committee Approves Bill to Protect Americans’ Property Rights

Civil asset forfeiture reform is part of the House Judiciary Committee’s criminal justice reform initiative

Washington, D.C. – The House Judiciary Committee approved by voice vote H.R. 5283, theDeterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (Due Process Act) to strengthen protections for Americans’ property through civil asset forfeiture reform.

The Due Process Act – introduced by Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member John Conyers (D-Mich.), Chairman Jim Sensenbrenner (R-Wis.), House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Representative Tim Walberg (R-Mich.), and Representative Peter Roskam (R-Ill.) – raises the standard of proof law enforcement must show before depriving an individual of his or her property, increases accountability and oversight of seizures and forfeitures, and strengthens protections for Americans whose property has been seized by law enforcement agencies. The legislation is part of the House Judiciary Committee’s bipartisan criminal justice reform initiative.

Crime Subcommittee Ranking Member Conyers, Chairman Sensenbrenner, Chairman Goodlatte, and Crime Subcommittee Ranking Member Jackson Lee praised today’s approval of the Due Process Act in the statements below.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Ranking Member Conyers: “I am pleased that the Committee adopted the Due Process Act, a bill which will take significant additional steps to prevent unjust seizures and make the procedures concerning federal asset forfeiture less burdensome for innocent property owners.  For instance, the bill elevates the government’s burden of proof in civil forfeiture cases, expands the availability of counsel for those who are indigent, and affords claimants an early opportunity to challenge seizures.  These and other improvements to the law are long overdue and I look forward to House passage of this important bill.” 

Crime Subcommittee Chairman Sensenbrenner: “Civil asset forfeiture is an important piece of the overall effort to reform our criminal justice system, and the Due Process Act makes common sense changes to federal forfeiture laws that help innocent Americans. Its passage out of the House Judiciary Committee is a significant step forward in the process, and I’m confident that it will soon be passed in a full House vote.”

Chairman Goodlatte: “The House Judiciary Committee today approved another important piece of our bipartisan criminal justice reform initiative to protect Americans from having their property wrongfully seized by law enforcement. The Due Process Act reforms civil asset forfeiture to prevent incentives to improperly seize Americans’ property. The bipartisan bill also strengthens protections for Americans who have had their property confiscated by law enforcement and increases the accountability and transparency of this law enforcement tool. I thank the many members who have worked on this bill and look forward to continuing our good work on criminal justice reform.”

Crime Subcommittee Ranking Member Jackson Lee: “I am pleased to support H.R. 5283, the Due Process Act, a bill that is critically needed to update our federal asset forfeiture laws. In 2000, we adopted the Civil Asset Forfeiture Reform Act, a law that made a number of improvements to our civil forfeiture statutes.  That law reversed the burden of proof from being on the property owner to prove that the assets should not be forfeited to the current requirement that the government must prove that seized assets are subject to forfeiture. However, for an unusual process whereby the government may seize and forfeit someone’s money, car, or other assets they need to sustain themselves, the standard should be higher. Therefore, this bill would elevate the burden on the government from ‘preponderance of the evidence’ to ‘clear and convincing evidence.’ We must ensure that the federal laws that allow for the forfeiture of money and other assets include the necessary protections to ensure the innocent do not suffer from wrongful confiscation. That is why I support this bill and urge my colleagues to do the same and look forward to its passage on the House Floor.”

Key Components of the Due Process Act:

Reforms federal civil asset forfeiture programs

·         Enhances procedural protections of forfeiture proceedings in both civil and administrative settings and prevents government overreach

·         Increases the government’s burden of proof in civil asset forfeiture cases to help protect innocent victims

Strengthens protections for claimants

·         Creates a right to counsel for Americans in all civil asset forfeiture proceedings

·         Provides that a claimant may recover attorney’s fees in victorious cases against a government forfeiture

·         Speeds up the process for the government to notify the property owner of a seizure

·         Expands protections to innocent owners by requiring the government to prove the connection between the property and the offense and that the property was used intentionally in order to seize it

Increases accountability and oversight of seizures and forfeitures

·         Requires the Inspector General to conduct a yearly audit on a representative sample of federal civil forfeitures to ensure they are being conducted within the letter and spirit of the law

·         Requires the creation of two federal databases on forfeitures in order to make information more readily available to the public, including a catalog of federal forfeitures to assist those whose property has been seized and to provide broad details on the types of forfeiture, agencies involved, and the conduct that lead to forfeited property

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CONYERS Sensenbrenner, Goodlatte, Jackson Lee, Walberg, Roskam Unveil Bill to Protect Americans’ Property Rights

Civil asset forfeiture reform is part of the House Judiciary Committee’s criminal justice reform initiative

Washington, D.C. – As part of the House Judiciary Committee’s bipartisan criminal justice reform initiative, Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers (D-Mich.), Crime Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Representative Tim Walberg (R-Mich.), and Representative Peter Roskam (R-Ill.) today introduced bipartisan legislation to protect Americans’ property rights through civil asset forfeiture reform. 

In order to strengthen protections for Americans’ property, H.R. 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (Due Process Act),provides much needed reforms to federal civil asset forfeiture programs, increases accountability and oversight of seizures and forfeitures, and strengthens protections for Americans whose property has been seized by law enforcement agencies.

Ranking Member Conyers, Crime Subcommittee Chairman Sensenbrenner, Chairman Goodlatte, and Crime Subcommittee Ranking Member Jackson Lee praised the introduction of the Due Process Act in the statements below.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Ranking Member Conyers: “It has increasingly become apparent that the procedures in federal law governing civil forfeiture are inadequate and unfair, and therefore I am proud to cosponsor the Due Process Act.  We must change federal law so that the burden is on the government to prove that a property owner is not innocent, to raise the burden of proof, to afford initial hearings to property owners to determine whether a seizure is legal or would pose an undue hardship, and to make other improvements consistent with due process. There will be more to consider in the future, but this bill is a significant step toward rebalancing the scales with regard to a process that is too-often abused.” 

Crime Subcommittee Chairman Sensenbrenner: “Forfeiture is a critical tool in the fight against crime, but it is also vulnerable to abuse. The Due Process Act, among other things, will increase transparency and add protections for innocent property owners, including the opportunity to contest seizures and regain illegally seized property immediately. Reform to the current federal forfeiture laws is necessary to curb abuse, restore confidence in law enforcement, and help citizens protect their property rights.”

Chairman Goodlatte: “In recent years, there have been several incidents in which innocent Americans have had their property or money improperly seized by law enforcement. While asset forfeiture is a useful law enforcement tool, abuses of it clearly show that reform is needed now to better protect Americans from having their property wrongfully seized.

“The Due Process Act rightfully reforms civil asset forfeiture to prevent incentives to wrongly seize Americans’ property. The bipartisan bill also strengthens protections for Americans who have had their property confiscated by law enforcement and increases the accountability and transparency of this law enforcement tool. I look forward to taking this bill up in Committee soon and thank the many members, including Representatives Sensenbrenner and Walberg, who have worked on and championed this important issue.” 

Crime Subcommittee Ranking Member Jackson Lee: “I am pleased to join with the Crime Subcommittee Chairman, Jim Sensenbrenner, the Chairman of the Judiciary Committee, Bob Goodlatte, and our Committee’s Ranking Member, John Conyers, Jr., in introducing bipartisan legislation to reform our federal civil forfeiture laws.  We must make important changes to the procedures and standards that determine when the government may take property from those not charged with a crime.  For instance, it is critical that we give greater opportunity to innocent property owners to successfully challenge unwarranted forfeiture and the burden should not be on them to prove their innocence.”

Key Components of the Due Process Act:

Reforms federal civil asset forfeiture programs

·         Enhances procedural protections of forfeiture proceedings in both civil and administrative settings and prevents government overreach

·         Increases the government’s burden of proof in civil asset forfeiture cases to help protect innocent victims

Strengthens protections for claimants

·         Creates a right to counsel for Americans in all civil asset forfeiture proceedings

·         Provides that a claimant may recover attorney’s fees in victorious cases against a government forfeiture

·         Speeds up the process for the government to notify the property owner of a seizure

·         Expands protections to innocent owners by requiring the government to prove the connection between the property and the offense and that the property was used intentionally in order to seize it

Increases accountability and oversight of seizures and forfeitures

·         Requires the Inspector General to conduct a yearly audit on a representative sample of federal civil forfeitures to ensure they are being conducted within the letter and spirit of the law

·         Requires the creation of two federal databases on forfeitures in order to make information more readily available to the public, including a catalog of federal forfeitures to assist those whose property has been seized and to provide broad details on the types of forfeiture, agencies involved, and the conduct that lead to forfeited property

Original cosponsors of the bill are Representatives Steve Chabot (R-Ohio), Doug Collins (R-Ga.), Darrell Issa (R-Calif.), J. Randy Forbes (R-Va.), Trent Franks (R-Ariz.), Steve Cohen (D-Tenn.), Hank Johnson (D-Ga.), Jim Jordan (R-Ohio), Raul Labrador (R-Idaho), David Trott (R-Mich.), Mimi Walters (R-Calif.), and Cedric Richmond (D-La.).

U.S. House Due Process Act of 2016 by Beverly Tran

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