[Congressional Record Volume 160, Number 72 (Tuesday, May 13, 2014)]
[Senate]
[Page S2948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REQUEST FOR CONSULTATION
Mr. COBURN. Mr. President, I ask unanimous consent that the following
letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, May 13, 2014.
Hon. Mitch McConnell,
Senate Minority Leader,
Washington, DC.
Dear Senator McConnell: I am requesting that I be consulted
before the Senate enters into any unanimous consent
agreements or time limitations regarding S. 357, National
Blue Alert Act of 2013.
I support the goals of this legislation and believe
suspects who seriously injure or kill federal, state or local
law enforcement officers in the line of duty should be
apprehended as quickly as possible. However, I believe the
responsibility to address this issue, as it relates to state
and local law enforcement officers, lies with the states and
local communities that these brave law enforcement officers
serve. Furthermore, while I do not believe this issue is the
responsibility of the federal government, if Congress does
act, we can and must do so in a fiscally responsible manner.
My concerns are included in, but not limited to, those
outlined in this letter.
While this bill is well-intentioned, according to the
Congressional Budget Office (CBO), it will cost the American
people $1 million dollars every year without corresponding
offsets. I recognize this bill does not contain the
authorization of appropriations included in prior versions of
this legislation; however, establishing a new program which
requires the Department of Justice (DOJ) to carry out
additional responsibilities, even if implemented by existing
staff, is not free of future costs, as recognized by CBO.
Furthermore, there is no sunset provision contained in this
legislation. Thus, once enacted, the annual $1 million price
tag for this program will continue in perpetuity.
It is irresponsible for Congress to jeopardize the future
standard of living of our children by borrowing from future
generations. The U.S. national debt is now over $17.4
trillion. That means approximately $55,000 in debt for each
man, woman and child in the United States. A year ago, the
national debt was $16.7 trillion. Despite pledges to control
spending, Washington adds billions to the national debt every
single day. In just one year, our national debt has grown by
$700 billion or 4.19%.
In addition to these fiscal concerns, there are several
problems specific to this legislation. First, there is no
need to establish a national Blue Alert system because many
states have already developed their own Blue Alert programs
for the same purposes outlined in this bill, including alerts
issued for the injury or death of federal, as well as state
and local law enforcement officers. In 2008, Florida and
Texas were the first states to establish these programs.
Seventeen additional states soon followed--Oklahoma,
Maryland, Georgia, Delaware, California, Virginia,
Mississippi, Tennessee, Utah, Colorado, South Carolina,
Washington, Ohio, Kentucky, Indiana, Connecticut, and
Illinois. The last three states to initiate a Blue Alert
system did so in the 1-year period since the House passed its
version of this bill in May 2012. Arizona and Kansas will
likely begin their systems this summer and fall,
respectively. Several state legislatures currently have
legislation pending that would establish a Blue Alert system,
including Minnesota, Alabama, and Missouri.
Furthermore, there is no data to support the success of the
existing state Blue Alert programs. Oklahoma established its
Blue Alert system in 2009, but it is not yet fully
functional. The last three states to establish an alert
system did so just within the last year. As a result, not
only have states already established their own programs, but
from the limited use of the existing systems, there is no
clear evidence of a substantial need for a Blue Alert system,
or of the consistent, successful apprehension of suspects as
a direct result of a Blue Alert. If anything, we should wait
for these programs to produce results that can be examined
and determine whether this type of system is useful before
instituting a federal, one-size-fits-all program.
Second, while the bill's supporters likely envision
pursuing suspects who have injured or killed a law
enforcement officer in a routine traffic stop or while
fleeing a crime scene, for example, the bill's definition of
``law enforcement officer'' is much broader. The bill
incorporates the definition in Section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968, which includes
``an individual involved in crime and juvenile delinquency
control or reduction, or enforcement of the criminal laws
(including juvenile delinquency), including, but not limited
to, police, corrections, probation, parole, and judicial
officers.'' As a result, a Blue Alert could be issued for a
state court bailiff; a state parole officer, or an officer
within a state's juvenile corrections facility, if injured in
the line of duty.
Finally, I do not believe the federal government has the
authority under the Constitution to provide federal funds to
coordinate the tracking of state and local fugitives or to
establish national protocols to apprehend suspects accused of
injuring or killing state and local law enforcement officers.
Article I, Section 8 of the Constitution enumerates the
limited powers of Congress, and nowhere are we tasked with
funding or becoming involved with state and local criminal
issues.
There is no question those suspected of injuring or killing
a state or local law enforcement officer in the line of duty
should be aggressively pursued and prosecuted. However, I
believe this issue is the responsibility of the states and
not the federal government. Despite these Constitutional
limitations, if Congress does act in this area, like most
American individuals and companies must do with their own
resources, we should evaluate current programs, determine any
needs that may exist, and prioritize those needs for funding
by cutting from the federal budget programs fraught with
waste, fraud, abuse, and duplication.
Sincerely,
Tom A. Coburn, M.D.,
U.S. Senator.
____________________