[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Pages H5515-H5518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL LAW ENFORCEMENT PERSONNEL AND RESOURCES ALLOCATION IMPROVEMENT
ACT OF 2012
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1550) to establish programs in the Department of Justice
and in the Department of Homeland Security to help States that have
high rates of homicide and other violent crime, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1550
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement
Personnel and Resources Allocation Improvement Act of 2012''.
[[Page H5516]]
SEC. 2. PRIORITY FOR ALLOCATION OF FEDERAL LAW ENFORCEMENT
PERSONNEL AND RESOURCES.
(a) Requirement.--In the allocation of Federal law
enforcement personnel and resources, the Attorney General
shall give priority to placing and retaining those personnel
and resources in States and local jurisdictions that have a
high incidence of homicide or other violent crime, based on
records of crime acquired under section 534 of title 28,
United States Code, including reports of crime under the
system known as the National Uniform Crime Reports, or on the
best and most current information otherwise available to the
Attorney General.
(b) Designation of Existing Federal Official.--Not later
than 30 days after the date of enactment of this Act, the
Attorney General shall designate an existing official within
the Department of Justice--
(1) to develop practices and procedures to carry out the
requirement established in subsection (a); and
(2) to monitor compliance with those practices and
procedures by the bureaus, agencies, and other subdivisions
of the Department.
SEC. 3. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Attorney General shall
submit to the Committees on Appropriations and the Committees
on the Judiciary of the Senate and the House of
Representatives a report on the implementation of the
requirement established in section 2. The report shall, for
the year it covers--
(1) specify which States and local jurisdictions have a
high incidence of homicide or other violent crime;
(2) identify the specific steps taken by the Attorney
General to implement the requirement with respect to each of
those States and local jurisdictions; and
(3) provide a description of the methodology (including any
changes made in that methodology) that the Attorney General
has used to determine the total number of authorized Federal
law enforcement positions, to allocate those authorized
positions among States and local jurisdictions, and to assign
personnel to fill those authorized positions.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Federal law enforcement personnel.--The term ``Federal
law enforcement personnel'' means law enforcement personnel
employed by the Department of Justice, including law
enforcement personnel in any of the following agencies of the
Department:
(A) The Drug Enforcement Administration.
(B) The Federal Bureau of Investigation.
(C) The Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(D) The United States Marshals Service.
(2) Local jurisdiction.--The term ``local jurisdiction''
has the meaning given the term ``unit of local government''
in section 901(3) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(3)).
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, or the
Northern Mariana Islands.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will
control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous materials on H.R. 1550, as
amended, currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1550, the Federal Law Enforcement Recruitment and
Retention Act of 2012, was introduced by my friend and colleague on the
Judiciary Committee, Mr. Pierluisi of Puerto Rico. It helps focus the
Justice Department's law enforcement efforts on the areas of the
country that need them the most.
Crime in the United States began to rise sharply in the 1960s and
continued up to its peak in the early 1990s. In response, Congress and
the States reformed their criminal laws to include tougher penalties
and truth-in-sentencing laws, and they dedicated additional resources
to target the rising crime rate.
To a great extent, our national focus on crime has been successful.
The national violent crime rate in 2010 was almost half of what it was
in 1991, and crime in the United States has continued to fall in spite
of difficult economic times. The violent crime rate fell 5 percent from
2008 to 2009, and another 5 percent from 2009 to 2010.
Despite this good news, we are far from a solution to the problem of
violent crime in all areas of the country. There are still areas where
violent crime remains a very serious issue and is even on the rise. For
example, in my district, the number of murders in the city of Austin
nearly doubled in 1 year, going from 22 homicides in 2009 to 38
homicides in 2010. Puerto Rico, home to the sponsor of this bill, has
experienced an increase in drug-related violent crime. With more than
1,100 deaths in 2011, the homicide rate in Puerto Rico last year was
more than five times the national average. The majority of this
violence is attributed to the area's growing drug trafficking trade,
which has implications, of course, for mainland U.S.
The problem with high-crime areas may increase if there are not
sufficient Federal law enforcement officers in these communities. To
address this situation, the Justice Department started to dispatch
surges of Federal law enforcement officers to prevent and investigate
crime in high-crime cities like Philadelphia, Pennsylvania and Oakland,
California. H.R. 1550 continues this momentum. It directs the
Department of Justice to consider, in coordination with State and local
governments, the need to recruit, assign, and retain Federal law
enforcement personnel in areas of the country with high rates of
homicides and other violent crimes, which of course should include
Puerto Rico.
H.R. 1550 has bipartisan support and has been endorsed by the law
enforcement community. The bill was reported out of the Judiciary
Committee on a voice vote, and once again I want to thank Mr. Pierluisi
for sponsoring this legislation.
H.R. 1550 improves the safety of the many Americans who live in fear
of violent crime in their neighborhoods. So I urge my colleagues to
support the bill, and I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 1550, the Federal Law
Enforcement Recruitment and Retention Act. This bill would require the
Department of Justice to prioritize the placement and retention of
personnel in those States and local jurisdictions that have high
incidences of homicide and other violent crimes.
The recruitment and retention of law enforcement officers has become
increasingly difficult in recent years. These challenges are faced not
only by State and local police agencies, but also by Federal law
enforcement agencies. Difficulty in recruiting and retaining law
enforcement officers is particularly acute in jurisdictions that
experience high rates of violent crime.
{time} 2050
In fact, the high incidence of crime in a jurisdiction can deter a
Federal law enforcement officer from seeking assignment in that
jurisdiction and can frequently lead to high turnover. The failure to
retain a law enforcement officer has been estimated to result in
approximately $100,000 in additional costs for the Department of
Justice.
H.R. 1550, as amended, aims to address this problem by directing the
Attorney General to give priority in placing and retaining agents in
jurisdictions with particularly high crime rates. This bill also
requires the Department of Justice to annually provide Congress with a
detailed report on how it is implementing this directive.
H.R. 1550 is a modest, but necessary, measure to focus our crime-
fighting efforts on the areas most in need.
I, too, want to commend our colleague, the gentleman from Puerto Rico
(Mr. Pierluisi), for his work in developing this bill. I urge my
colleagues to support H.R. 1550.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the gentleman from Puerto Rico (Mr. Pierluisi), the sponsor
of the legislation.
Mr. PIERLUISI. Thank you, Ranking Member Scott.
Mr. Speaker, I want to begin by expressing my gratitude to the
chairman of the Judiciary Committee, Lamar Smith, for supporting H.R.
1550 and for
[[Page H5517]]
working with House leadership to schedule the bill for floor
consideration.
I also want to thank the ranking member of the Judiciary Committee,
Congressman Conyers, the chairman of the Crime Subcommittee,
Congressman Sensenbrenner, and the ranking member of the Crime
Subcommittee, Congressman Scott, for their support.
H.R. 1550 was unanimously approved by the Judiciary Committee and has
been endorsed by the Federal Law Enforcement Officers Association,
which represents over 25,000 Federal law enforcement officers employed
by 65 agencies.
The short title of this bill, as modified, is the Federal Law
Enforcement Personnel and Resources Allocation Improvement Act of 2012.
The bill would direct the Department of Justice, when allocating law
enforcement personnel and resources among U.S. jurisdictions, to give
priority to those areas of the country that have high rates of homicide
and other violent crime, including forcible rape, robbery and
aggravated assault.
The bill would require the Attorney General to designate an existing
official within the Department of Justice who will be responsible for
developing practices and procedures to implement this directive and for
monitoring compliance with the directive by the Department's component
agencies, including the Federal Bureau of Investigation; the Drug
Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms
and Explosives; and the United States Marshals Service.
Finally, the bill would require the Attorney General to submit an
annual report to the appropriate congressional committees. The report
would specify which jurisdictions have a high incidence of homicide or
other violent crime and would identify the steps that the Department of
Justice is taking to prioritize the allocation of law enforcement
personnel and resources to those high-crime areas.
In addition, the report would describe the methodology the Department
is using to determine the total number of authorized Federal law
enforcement positions nationwide, to allocate those authorized
positions among different jurisdictions, and to assign personnel to
fill those authorized positions.
The basis for H.R. 1550 is as follows: in recent years, the number of
murders and other violent crimes nationwide has decreased
substantially. Between 2007 and 2011, for example, the total number of
murders in the United States decreased by over 20 percent, and the
total number of violent crimes decreased by nearly 18 percent.
Most U.S. jurisdictions, whether urban, suburban or rural, have
experienced a meaningful reduction in murders and other violent crimes.
From the macro-perspective, the progress we have witnessed has been
real and, in many cases, remarkable. Much of the credit is due to law
enforcement officers on the Federal and local levels. Enhanced and
effective policing can make, and has made, a tremendous difference in
our communities.
Unfortunately, certain jurisdictions, sometimes referred to as ``hot
spots,'' have been exceptions to this steady downward trend in violent
crime. My own district, Puerto Rico, is a case in point. Today, the
number of annual murders in Puerto Rico is nearly 90 percent higher
than it was in 1990. Between 2007 and 2011 alone, homicides rose by 55
percent, with most of the violence linked to the drug trade. Yet the
Federal law enforcement footprint in the U.S. Territory has not evolved
in light of these changed circumstances. Instead, it has remained
stagnant.
Puerto Rico may be the most dramatic example of a U.S. jurisdiction
where violent crime has increased rather than decreased, but it's by no
means alone. For example, Flint, Michigan, experienced a 73 percent
increase in homicides between 2007 and 2011, while a major metropolitan
area in the Central Valley of California witnessed a 100 percent
increase in murders.
Moreover, there are numerous other areas where there has been some
progress in reducing crime, but where violence remains far too high.
Examples of such areas include Detroit, St. Louis, Memphis, Oakland,
Little Rock, Birmingham, Atlanta, Baltimore, Philadelphia, Chicago,
Miami, and New Orleans.
H.R. 1550 would promote and institutionalize steps that the
Department of Justice, to its credit, has already begun to take.
Recently, the Department developed a new initiative known as the
Violent Crime Reduction Partnership to help target Federal resources to
areas in need of additional law enforcement support.
Pursuant to this initiative, for example, more than 50 officials from
the FBI, DEA, ATF, the U.S. Attorney's Office, and DOJ's criminal
division have begun a 4-month surge of Federal law enforcement
resources in order to prevent and combat violent crime in the
Philadelphia metropolitan area. This is a positive step that should be
encouraged and replicated in other high-crime jurisdictions, which is
the precise result that H.R. 1550 seeks to bring about.
To be clear, it is well understood that the methods that DOJ may
successfully employ to reduce violent crime in, say, Philadelphia or
Baltimore may need to be adjusted for use in San Juan or St. Louis,
with the specific approach dependent upon the nature of the crime
problem that each jurisdiction confronts and other relevant factors.
For that reason, my bill does not in any way try to micromanage the
Department or to promote a one-size-fits-all approach to fighting
crime. H.R. 1550 simply seeks to ensure, in this time of fiscal
constraint on both the Federal and local levels, that DOJ has in place
a carefully crafted and consistently applied policy of allocating
limited law enforcement personnel and resources to those areas where
they are needed the most.
Again, I thank Chairman Smith, Ranking Member Scott; and I hope my
colleagues on both sides of the aisle will support this bill.
Mr. SMITH of Texas. Mr. Speaker, I continue to reserve the balance of
my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as she may
consume to the gentlewoman from the Virgin Islands (Mrs. Christensen).
Mrs. CHRISTENSEN. I thank the ranking member for yielding.
Mr. Speaker, I too rise in very strong support of H.R. 1550, the
Federal Law Enforcement Personnel and Resources Allocation Improvement
Act of 2012, which would require the Attorney General, in the
allocation of Federal law enforcement personnel and resources, to give
priority to placing and retaining such personnel and resources in
States and local jurisdictions that have a high incidence of homicide
or other violent crime.
I commend my friend, the Congressman from Puerto Rico (Mr. Pierluisi)
for its introduction, for his hard work, and for his leadership in
getting it to the floor today.
If this bill were to become law, my district, along with Congressman
Pierluisi's, will be one of the local jurisdictions that would qualify
for having that high incidence of homicide and violent crime. This is
not a fact that we're proud of, but it is a reality; and it's the by-
product of the USVI and Puerto Rico being a trans-shipment point for
illegal drugs traveling from Central and South America to mainland
United States.
There are many other communities in our country that are facing the
same or similar incidence of violence; and the blame, in most cases,
can be traced to drug trafficking. In the case of the Virgin Islands
and Puerto Rico, it stems from the fact that we have become the route
of choice for drug shipments to the east coast of the United States.
According to Department of Justice statistics, in 2011, 165,000
metric tons of illegal drugs were seized in the Caribbean, Bahamas and
Gulf of Mexico, up 36 percent over 4 years. And up to 80 percent of
cocaine trafficked through the Virgin Islands and Puerto Rico is
directed to U.S. east coast cities.
{time} 2100
Congressman Pierluisi and I were recently at the Coast Guard station
in Puerto Rico, and we had the opportunity to meet with the commander
of the ship that had recently captured 1.4 kilos of cocaine off of St.
Croix in the U.S. Virgin Islands. That was the port's largest capture
in its history. These routes are also a threat to America's national
security. In addition to the guns, assault weapons and drugs, the
Caribbean region is susceptible to smuggling nuclear and all other
kinds
[[Page H5518]]
of materials that could easily be used as staging areas for violence
against our country.
The most tragic of all are the young people who had been killed or
who are now in jail, many of whom I knew and took care of as a family
physician. Unfortunately, we, too, have one of the highest murder rates
per 100,000 in our country. Our community was shocked a few months ago
when two of our young policemen, who were in a high crime area but who
were on what seemed to be a routine patrol, were shot earlier this
year. Both sustained injuries which go beyond the physical. One is
paralyzed and will require lifelong care and support.
Our community, though, is fighting back. Our law enforcement has been
meeting with those from across the Caribbean region. We are working
with the Federal law enforcement that does exist in the Territory. Both
of us, Puerto Rico and the U.S. Virgin Islands, are high-intensity drug
trafficking areas. We have a well-integrated but still incomplete team
led by Adjutant General Vicens from Puerto Rico and Executive Director
Catherine Mills from the Virgin Islands, but we do need more Federal
help in order to restore the safety of our communities and to protect
the lives of our children. This is not only important to my
constituents and me; it is critical to the well-being of the
constituents of all of our colleagues but especially to those whose
communities have high homicide and violent crime rates.
In this legislation, which I am pleased to cosponsor, we are pleading
for this critically important help in order to bring the vital Federal
resources to save our communities--to save all of our communities--and
to protect our Nation. I urge my colleagues to support H.R. 1550.
Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentlelady from the
Virgin Islands and the gentleman from Puerto Rico.
I urge the passage of the bill, and I yield back the balance of my
time.
Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, H.R. 1550, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________