[Congressional Record Volume 158, Number 171 (Monday, December 31, 2012)]
[House]
[Pages H7491-H7495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INVESTIGATIVE ASSISTANCE FOR VIOLENT CRIMES ACT OF 2012
Mr. GOWDY. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 2076) to amend title 28, United
States Code, to clarify the statutory authority for the longstanding
practice of the Department of Justice of providing investigatory
assistance on request of State and local authorities with respect to
certain serious violent crimes, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
In lieu of matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investigative Assistance for
Violent Crimes Act of 2012''.
SEC. 2. INVESTIGATION OF CERTAIN VIOLENT ACTS, SHOOTINGS, AND
MASS KILLINGS.
(a) Attorney General.--Title 28, United States Code, is
amended--
(1) in section 530C(b)(1)(L)(i), by striking ``$2,000,000''
and inserting ``$3,000,000''; and
(2) in section 530C(b)(1), by adding at the end the
following--
``(M)(i) At the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney
General may assist in the
[[Page H7492]]
investigation of violent acts and shootings occurring in a
place of public use and in the investigation of mass killings
and attempted mass killings. Any assistance provided under
this subparagraph shall be presumed to be within the scope of
Federal office or employment.
``(ii) For purposes of this subparagraph--
``(I) the term `mass killings' means 3 or more killings in
a single incident; and
``(II) the term `place of public use' has the meaning given
that term under section 2332f(e)(6) of title 18, United
States Code.''.
(b) Secretary of Homeland Security.--Section 875 of the
Homeland Security Act of 2002 (6 U.S.C. 455) is amended by
adding at the end the following:
``(d) Investigation of Certain Violent Acts, Shootings, and
Mass Killings.--
``(1) In general.--At the request of an appropriate law
enforcement official of a State or political subdivision, the
Secretary, through deployment of the Secret Service or United
States Immigration and Customs Enforcement, may assist in the
investigation of violent acts and shootings occurring in a
place of public use, and in the investigation of mass
killings and attempted mass killings. Any assistance provided
by the Secretary under this subsection shall be presumed to
be within the scope of Federal office or employment.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `mass killings' means 3 or more killings in
a single incident; and
``(B) the term `place of public use' has the meaning given
that term under section 2332f(e)(6) of title 18, United
States Code.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
South Carolina (Mr. Gowdy) and the gentleman from Virginia (Mr. Scott)
each will control 20 minutes.
The Chair recognizes the gentleman from South Carolina.
General Leave
Mr. GOWDY. Madam 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 the matter currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
There was no objection.
Mr. GOWDY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, violent crimes, especially mass killings, are often
unpredictable and impulsive. The venues are random. The jurisdictions
where these crimes take place include the smallest of towns, the least
likely places for crimes of this magnitude and this depravity.
When we were drafting this bill months ago, Madam Speaker, of course
we had hoped against hope that it would not be needed--not so soon, at
least. We hoped it would sit on the sidelines, available but unused.
Sadly, this is not the culture we live in, Madam Speaker. We have
recently witnessed another example of the depth to which the human
condition can sink.
In times like these, when State and local resources are stretched,
Federal law enforcement is ready, willing, and able to assist. Indeed,
they do assist, but they do so without statutory coverage. The manner
and method of the assistance, Madam Speaker, is vast and varied. Most
local police departments do not have criminal profilers. They may not
have quick access to a world-class forensic lab, grand jury subpoenas,
or the experience that comes from handling similar investigations in
the past.
Law enforcement, Madam Speaker, is a particularly close-knit
community, with State, local, and Federal agents working together
sharing resources and expertise, working under very difficult
circumstances to prevent crimes or quickly investigate and apprehend
afterwards those who commit such crimes.
Madam Speaker, I have seen in my own prior career in South Carolina
the willingness of Federal law enforcement to assist in kidnappings,
murders, arson, and robberies.
Tragically, our country has seen the need for Federal law enforcement
to assist in places as disparate as movie theaters, college campuses,
and even elementary schools.
Federal law enforcement agencies and officers do not currently have
specific statutory authority to assist in the investigations of mass
killings, attempted mass killings, or other violent crimes that occur.
Federal law enforcement officers frequently receive emergency requests
for such assistance from State and local law enforcement agencies. And
while this assistance is routinely provided, Madam Speaker, it is
possible that Federal officers who provide such assistance could be
found to be acting outside their scope of employment.
To correct this problem, H.R. 2076 specifically allows certain
Federal agents to provide State and local law enforcement with the
assistance requested when the violent act does not otherwise appear to
violate Federal law. These Federal agents come from agencies such as
the FBI, DEA, ATF, U.S. Marshal Service, Secret Service, and ICE. And
while we hope and pray, Madam Speaker, and take affirmative steps to
prevent such similar crimes in the future, this bill ensures that State
and local police now can at least request the assistance of Federal law
enforcement officers in similar situations, and do so fully covered by
the law. This bill allows Federal law enforcement officers to provide
an emergency response to critical situations where violent crimes have
occurred or may remain in progress.
This bill is not an expansion, Madam Speaker, of Federal authority
and does not expand the jurisdiction of any Federal law enforcement
agency in any manner whatsoever. Any law enforcement assistance must be
requested by a State or local authority and agreed to by the Federal
authorities.
Last year, Madam Speaker, this bill passed the Judiciary Committee in
the House with broad bipartisan support. Earlier this month, the Senate
passed, by unanimous consent, this bill. This bill is supported by the
FBI Agents Association and the Federal Law Enforcement Officers
Association.
Madam Speaker, I urge my colleagues to concur in the Senate's
amendment to this bill so that it may be sent to the President for his
signature, and I reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise in support of the Senate amendment to H.R.
2076. The House originally passed this bill in September of 2001 by an
overwhelming vote.
H.R. 2076 gives the Attorney General and the Secretary of Homeland
Security the specific statutory authority to respond to requests from
State and local law enforcement agencies for assistance in
investigation of violent acts and shootings occurring in public places
and in investigations of mass killings and attempted mass killings.
{time} 1130
The House-passed version of the bill only applied to the FBI
providing assistance. The Senate amended the bill to include all DOJ
and Department of Homeland Security law enforcement agencies.
Therefore, under the version of the bill before the House today, the
Department of Justice's agencies, such as the FBI, DEA, Marshal Service
and ATF, would be able to provide assistance, as would the Department
of Homeland Security's law enforcement agencies, such as Secret Service
and Immigration and Customs Enforcement, if requested by local and
State law enforcement agencies.
These Federal agencies do not currently have the specific statutory
authority to assist in the investigations of mass killings or attempted
mass killings occurring in venues such as schools, colleges,
universities, non-Federal office buildings, malls and/or other public
places.
In particular, while the FBI continues to receive requests for such
assistance from State and local law enforcement, and the FBI often does
assist in such circumstances, there is presently technically no Federal
statute that directly provides jurisdiction to the FBI to respond to
such requests. Legislation granting the proposed investigative
authority would allow these Federal agencies to provide State and local
law enforcement with the assistance, if requested, even when the
violent act does not technically violate a Federal law.
Unfortunately, due to the tragic shooting and killing of 20 students
and six teachers in Newtown, Connecticut, the consideration of this
bill is timely. Of course, we should pass the bill today so that the
President may sign it into law. But, Madam Speaker, while we must take
steps to assist in the investigation of such incidents, it is even more
critical that we prevent them from occurring in the first place.
Proposals to do that include not only legislation involving gun safety,
but also
[[Page H7493]]
legislation such as the Youth Promise Act, which would provide funding
for comprehensive juvenile justice initiatives, or additional funding
for the Juvenile Accountability Block Grant, or the Campus Safety Act,
which are all pending, as well as increased funding for mental health
services and school counselors.
We simply must do all we can to protect our citizens, and these
proposals must be enacted as soon as possible. But with respect to H.R.
2076, the bill before us today, I want to commend the gentleman from
South Carolina (Mr. Gowdy) for his leadership on this bill and urge my
colleagues to support the Senate amendment to H.R. 2076.
I yield back the balance of my time.
Mr. GOWDY. Madam Speaker, in conclusion, I just want to take this one
final opportunity to thank Chairman Smith for his leadership, not just
on this particular bill, but his leadership throughout the 2-year
tenure he was chairman of the Judiciary.
Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent to
reclaim my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOWDY. Madam Speaker, I reserve the balance of my time and the
right to perhaps finish at the end.
Mr. SCOTT of Virginia. Thank you. And I apologize, I was not aware
that I had additional speakers.
I yield such time as he may consume to the former chair of the
Judiciary Committee, the ranking member, the gentleman from Michigan
(Mr. Conyers).
Mr. CONYERS. Madam Speaker, I am very quick to thank the former
chairman of the Subcommittee on Crime, Bobby Scott of Virginia, and of
course Mr. Trey Gowdy of South Carolina for his very great contribution
to H.R. 2076, as amended, that the House originally passed in 2011 by a
vote of 358-9.
H.R. 2076 gives the Attorney General and the Secretary of Homeland
Security the specific statutory authority to respond to requests from
State and local law enforcement agencies for assistance in the
investigation of violent acts and shootings occurring in public places,
and in the investigation of mass killings and attempted mass killings.
It's very appropriate, of course, under the recent circumstances that
the leaders on both sides of the aisle have mentioned. So this bill,
unfortunately, due to the tragic shooting in Newtown, the consideration
of this bill is appropriately timely.
Of course we should pass the bill today so that the President may
sign it into law, but it is unfortunate that we're not also sending the
President even more urgently needed legislation to protect us from gun
violence. While we must take steps to assist in the investigation of
such incidents, it is critical that we prevent them from occurring in
the first place. We're simply not doing all we can do to protect our
citizens, but we celebrate that we have come this far.
So I urge my colleagues to support the Senate amendment to H.R. 2076.
Mr. GOWDY. I continue to reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I yield such time as she may
consume to the gentlelady from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE of Texas. First of all, I want to thank Mr. Gowdy
very much for the attentiveness to this legislation and shepherding it
so that it has come from the Senate and accepting the Senate amendment.
I am on Homeland Security, and I believe that the amendment that has
been provided under this legislation originally, H.R. 2076, will expand
your intent, and I believe that you believe it as well.
I think it is very important to emphasize that we now have extra
investigatory skills and techniques and a collaborative effort between
Homeland Security personnel and those in the Department of Justice to
be utilized by the Homeland Security Secretary, and as well the
Attorney General, helping to investigate violent acts or shootings that
occur in venues such as schools, colleges, universities, non-Federal
office buildings, and other places of public use. This includes mass
killings that are three or more killings in a single incident.
We all recognize the tragedy of Newtown, but there are tragedies that
have faced us over the last couple of years. The President indicated
Newtown was the worst day of his administration, but compounded was the
Aurora killings, the killings in the Sikh temple, and the acts of
heinous murder that occurred in Houston, Texas, where a mother and her
daughter were murdered on Christmas Eve. So there are times when the
local authorities need immediate assistance.
Or the time when we had a child predator. Although this legislation
may not define violent acts as such, I can tell you that the community
felt violated when a number of children were preyed upon. Through the
kindness and the understanding of the local FBI office in Houston and
my persistence and the difficulty of coordinating with local
authorities because of the sort of uncomfortableness of the involvement
of the Federal Government, we overcame that and they participated, and
shortly thereafter the predator was captured. Children are impacted,
and that is why this legislation is enormously important.
I also want to take note of the fact that the gentleman from South
Carolina is right that the FBI did not have statutory authority to
assist in the investigation of mass killings or other violent crimes
that are carried out in non-Federal public places such as schools and
universities. We now have put forward this Federal law.
Madam Speaker, I rise today in support of H.R. 2076, the
Investigative Assistance for Violent Crimes Act of 2011. This
legislation is an appropriate and necessary measure to keep our
citizens safe.
Currently the Federal Bureau of Investigation, FBI, does not have
statutory authority to assist in the investigation of mass killings or
other violent crimes that are carried out in non-federal public places,
such as schools and universities. As of now, when the FBI is asked by
state and local law enforcement to assist with related investigations,
they frequently comply with the request, despite the possibility that
in doing so, the responding officers may be found to be acting outside
of their jurisdiction.
The Investigative Assistance for Violent Crimes Act grants specific
authority to the FBI to respond when asked for help by state and local
law enforcement, without expanding the jurisdiction of the FBI. The
bill allows the FBI to assist in the investigation of a violent crime
or mass killing only when asked to do so.
The FBI has lent their resources to several high profile
investigations in recent history. Last September, when an armed
intruder entered the Discovery Communications Building in Rockville,
Maryland, the FBI SWAT team assisted the Montgomery County Police
Department, and FBI investigators processed the crime scene. In 2009,
the American Civic Center in Binghamton, New York was the site of a
mass killing when an armed subject killed 13 people. The FBI was asked
to assist, and lent their Evidence Response Team, Victim Assistance
program, and Behavioral Analysis unit. The FBI also assisted in the
investigation to identify the student who opened fire at Virginia
Technical Institute in 2007.
The FBI lent invaluable assistance to state and local law enforcement
to these and many other cases. However, as the law currently standards,
there is no specific statutory authority allowing them to do so. The
Investigative Assistance for Violent Crimes Act specifically
authorizes, by legal statute, that which the FBI is consistently asked
and expected to do.
This bill is an important measure aimed at increasing the safety and
security of the American people. When faced with a mass killing or
other violent crime, our state and local law enforcement officials
should have access to every necessary resource in order to mitigate the
situation, identify the perpetrators, and bring them to justice. In
Houston, Texas, where I represent the 18th Congressional District, the
FBI reports that 22,491 violent crimes in 2010. I know that my
constituents would appreciate knowing that their local law enforcement
officials have access to the resources of the FBI, should they need
them.
As a senior Member of both the Judiciary and Homeland Security
committees, I have worked tirelessly to ensure the safety of the
American people, and this legislation does just that. I am pleased at
the bipartisan manner in which this bill is being considered, and urge
my colleagues to support H.R. 2076, the Investigative Assistance for
Violent Crimes Act.
{time} 1140
I think that is enormously important. Again, I congratulate the
passage of this legislation, and I am particularly sensitive to the
utilization of the SWAT team.
I will take a moment, just to deviate, to be able to thank the
chairman of the
[[Page H7494]]
committee and the ranking member and the ranking member on the Crime
Subcommittee for their commitment and interest in children. Today, we
were going to further proceed with our commitment to children, and that
is in the Juvenile Accountability Block Grant. But my fight will
continue in the next term, and I want to thank you, Mr. Smith, for
understanding that the practical aspect of what we were doing was to
save children and to prevent a youngster like this from not having a
juvenile system that they could in fact have access to. It plays into
some of what Mr. Gowdy is speaking about, but it plays into an earlier
stage, and that is to ensure that there are court systems, there are
mental health systems, there are a number of other systems that our
juveniles can have access to that are intervention; that in fact we can
take note of the fact that juveniles are bullied, that there's
cyberbullying. But I believe it's important to stand to fight for
another day.
So as we support the legislation of Mr. Gowdy, I want to be able to
thank all of those who stood crying in a hearing in Houston, Texas, in
the fall of 2010, fighting about whether or not this Federal Government
would make a statement, a positive statement, about resources to help
with bullying and the intervention of such, and to do it in a way that
could be effectively utilized. I think we came up with that in H.R.
6019, in all the compromise that we came about, and frankly sometimes
the English language is not perfect and people cannot understand what
we are trying to do.
But to come back to this legislation, H.R. 2076 will be a good,
fitting end for the Judiciary Committee, and in 2013 I look forward to
working with my colleagues on the Juvenile Accountability Block Grant
reauthorization so that critical issues such as youth violence,
juvenile crime prevention, mental health screening and treatment, among
others, that would help millions of children can be in place. If we can
have a situation where we reauthorize what my original bill, H.R. 83,
offered to do, I will be right there being enthusiastic. If we have to
find a common place of compromise, I will be there as well, because
that is what we are here to do, to work on behalf of the American
people and the children that we represent.
It is important to note that we are doing something good in the
Judiciary Committee. I hope that we will have the opportunity to work
together more closely in 2013 and be able to do the good work that many
of us have advocated and work with a number of groups and families who
have been victims without the right kind of resources, which we were
trying to implement.
With that, I want to submit into the Record a number of documents on
my remarks that I have just made, and I ask my colleagues to support
the legislation of Mr. Gowdy.
Congress of the United States,
Washington, DC.
Support H.R. 6019: The Juvenile Accountability Block Grant
Reauthorization Act 2012
Dear Colleague: I invite you to join me in supporting
legislation that seeks to provide grants through the
Department of Justice to States for the creation and
operation of programs that address critical issues such as
youth violence, juvenile crime prevention, and mental health
screening and treatment, among others, which would help
millions of children throughout our nation. H.R. 6019
reauthorizes the Juvenile Accountability Block Grants, JABG,
and would allow a portion of those funds to also be used by
States for a number of intervention programs.
H.R. 6019 authorizes the Attorney General to make grants to
States and local governments to strengthen their juvenile
justice systems and foster accountability within their
juvenile populations. As previously stated, JABG funds
support seventeen program purpose areas, allowing local
governments to utilize funding for a variety of activities
including hiring juvenile court judges, probation officers,
and court-appointed defenders. Moreover, local governments
will have access to funding for programs derived from
evidence-based models and best practices that address, among
other issues, those related to bullying and cyberbullying,
including prevention and intervention.
I hope you will lend your support to this effort on behalf
of our nation's children to create and support programs
designed to address these critical issues and help create a
better juvenile justice system in America. Together, we can
do a great deal to ease and end the suffering of millions of
children nationwide.
If you have any questions or need further information,
please contact Janice Bashford at 202.225.3816, or,
Janice.B[email protected].
Very Truly Yours,
Sheila Jackson Lee,
Member of Congress.
____
Congress of the United States
Washington, DC.
BRIEF HISTORY OF THE JUVENILE ACCOUNTABILITY BLOCK GRANT
Originally created in 1997, Congress created the Juvenile
Accountability Incentive Block Grant (JABG) program and
appropriated new federal funds through the Office of Juvenile
Justice and Delinquency Prevention (OJJDP).
In 2002 and 2005, the program was reauthorized and the
program was eventually renamed the Juvenile Accountability
Block Grant (JABG) Program. Its most recent reauthorization
occurred in 2006, with $350 million a year for FYs 2006
through 2009.
Now unauthorized, JABG still receives appropriations.
FY 2001 ($250 million appropriated by Congress)
FY 2002 ($250 million appropriated by Congress)
FY 2003 ($190 million appropriated by Congress)
FY 2004 ($60 million appropriated by Congress)
FY 2005 ($55 million appropriated by Congress)
FY 2006 ($50 million appropriated by Congress)
FY 2007 ($49 million appropriated by Congress)
FY 2008 ($52 million appropriated by Congress)
FY 2009 ($55 million appropriated by Congress)
FY 2010 ($55 million requested by President, $55 million
appropriated by Congress)
FY 2011 ($40 million requested by President, $46 million
appropriated by Congress)
FY 2012 ( ZERO requested by President, $30 million
appropriated by Congress)
FY 2013 ($30 million requested by President)
H.R. 6019 would authorize the appropriation of $40 million
annually over the 2013-2017. Assuming appropriation of the
authorized amounts, CBO estimates that implementing H.R. 6019
would cost $121 million over the 2013-2017 period. PAYGO does
not apply.
____
VOTE YES ON H.R. 6019
The Juvenile Accountability Block Grant Reauthorization Act of 2012
Help Your Local Communities
17 JABG Program Purpose Areas
1. Developing, implementing, and administering graduated
sanctions for juvenile offenders.
2. Building, expanding, renovating, or operating temporary
or permanent juvenile correction, detention, or community
corrections facilities.
3. Hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services (including mental health screening and
assessment) for juvenile offenders to promote the effective
and expeditious administration of the juvenile justice
system.
4. Hiring additional prosecutors so that more cases
involving violent juvenile offenders can be prosecuted and
case backlogs reduced.
5. Providing funding to enable prosecutors to address drug,
gang, and youth violence problems more effectively and for
technology, equipment, and training to help prosecutors
identify and expedite the prosecution of violent juvenile
offenders.
6. Establishing and maintaining training programs for law
enforcement and other court personnel with respect to
preventing and controlling juvenile crime.
7. Establishing juvenile gun courts for the prosecution and
adjudication of juvenile firearms offenders.
8. Establishing drug court programs for juvenile offenders
that provide continuing judicial supervision over juvenile
offenders with substance abuse problems and integrate
administration of other sanctions and services for such
offenders.
9. Establishing and maintaining a system of juvenile
records designed to promote public safety.
10. Establishing and maintaining interagency information
sharing programs that enable the juvenile and criminal
justice systems, schools, and social services agencies to
make more informed decisions regarding the early
identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or
criminal acts.
11. Establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who
are referred by law enforcement personnel or agencies.
12. Establishing and maintaining programs to conduct risk
and needs assessments that facilitate effective early
intervention and the provision of comprehensive services,
including mental health screening and treatment and substance
abuse testing and treatment, to juvenile offenders.
13. Establishing and maintaining accountability-based
programs that are designed to enhance school safety, which
programs may include research-based bullying, cyberbullying,
and gang prevention programs.
14. Establishing and maintaining restorative justice
programs.
[[Page H7495]]
15. Establishing and maintaining programs to enable
juvenile courts and juvenile probation officers to be more
effective and efficient in holding juvenile offenders
accountable and reducing recidivism.
16. Hiring detention and corrections personnel, and
establishing and maintaining training programs for such
personnel, to improve facility practices and programming.
17. Establishing, improving, and coordinating pre-release
and post-release systems and programs to facilitate the
successful re-entry of juvenile offenders from state and
local custody in the community.
Mr. GOWDY. I continue to reserve the balance of my time.
Mr. SCOTT of Virginia. Madam Speaker, I have no further speakers. I
would just like to again compliment the gentleman from South Carolina
for his leadership on this. A lot of communities will benefit. I thank
him for that work.
I urge my colleagues to support the legislation, and I yield back the
balance of my time.
Mr. GOWDY. Madam Speaker, in conclusion, and I'm sure on behalf of
all my colleagues, I want to thank the women and men in law enforcement
for their service, their sacrifice, their willingness to do jobs that
either we cannot do or will not do.
I want to thank the gentleman from Texas (Mr. Smith) for his
leadership over the last 2 years, and I want to thank the gentleman
from Virginia (Mr. Scott) for his collegiality and friendship.
With that, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from South Carolina (Mr. Gowdy) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 2076.
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. SCOTT of Virginia. Madam 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.
____________________