[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[House]
[Pages 14358-14360]
[From the U.S. Government Publishing Office, www.gpo.gov]




          BORDER SECURITY INFORMATION IMPROVEMENT ACT OF 2012

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 6368) to require the Department of Justice, in 
consultation with the Department of Homeland Security, to provide a 
report to Congress on the Departments' ability to track, investigate 
and quantify cross-border violence along the Southwest Border and 
provide recommendations to Congress on how to accurately track, 
investigate, and quantify cross-border violence, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6368

       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 ``Border Security Information 
     Improvement Act of 2012''.

     SEC. 2. STUDY.

       (a) Report on Cross-Border Violence on the Southwest 
     Border.--Not later than 180 days after the date of the 
     enactment of this Act, the Attorney General and the Secretary 
     of Homeland Security shall jointly submit to the 
     congressional committees set forth in subsection (b) a report 
     on cross-border violence on the Southwest Border of the 
     United States. Such study shall include--
       (1) the definition of cross-border violence used by law 
     enforcement components within the Departments of Justice and 
     Homeland Security;
       (2) the ability of the Departments of Justice and Homeland 
     Security and their law enforcement components to track, 
     investigate, quantify, and report on the level of cross-
     border violence occurring along the Southwest Border of the 
     United States;
       (3) the extent to which the Departments of Justice and 
     Homeland Security define and track cross-border violence and 
     steps being taken to address the effects of cross-border 
     violence along the Southwest Border of the United States;
       (4) the information and data on cross-border violence 
     collected and made available through inter-agency taskforces 
     on the Southwest Border of the United States, including the 
     Southwest Border High Intensity Drug Trafficking Area, 
     Arizona's Alliance to Combat Transnational Threats, the El 
     Paso Intelligence Center, the Border Enforcement and Security 
     Task Force, and State and Local Fusion Centers; and
       (5) the additional resources needed to track, investigate, 
     quantify and report on the level of cross-border violence 
     occurring along the United States-Mexico border.
       (b) Congressional Committees.--The congressional committees 
     set forth in this subsection are--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Homeland Security of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.

  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. 6368, 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, I'd like to thank my colleague and good friend, 
Congressman Francisco Canseco, for his work on the issue of cross-
border violence and its impact on the United States.
  Mr. Speaker, In recent years, drug trafficking-related violence has 
increased in Mexico. According to Mexican officials, over 40,000 people 
have been killed as the result of drug-related violence since 2006.
  As the gentleman from Texas has pointed out, we should be very 
concerned that there are insufficient methods to track this violence 
and that it spills over into the United States.
  When evaluating increased violence in Mexico and its effect on the 
United States, a central concern is the potential for what has been 
termed ``spillover violence''--an increase in drug trafficking-related 
violence in the United States.
  The violence being committed by Mexican drug cartels within Mexico's 
own borders presents a national security challenge for Mexico. When 
that violence spills over into the United States, it presents a 
national security concern for America as well.
  Cross-border violence is a challenge for both countries while 
criminals kill not only each other but government officials, law 
enforcement and military officers, innocent civilians and children.
  Administration officials maintain that there has not yet been a 
significant spillover of violence from Mexico into the United States. 
But we should not wait for it to happen.

[[Page 14359]]

  This bill requires the Department of Justice and the Department of 
Homeland Security to provide a joint report to Congress on the 
Departments' ability to track, investigate and measure cross-border 
violence along the Southwest border.
  In addition, it directs the Departments of Justice and Homeland 
Security to make recommendations to Congress on how best to accurately 
track, investigate and measure cross-border violence.
  Cross-border violence is a complex problem which cannot be resolved 
overnight. This legislation is an important first step in developing an 
overall strategy to combat spillover violence.
  I again thank Mr. Canseco for his work on this issue, and I urge my 
colleagues to support this bill.
  I will now yield as much time as he might consume to the gentleman 
from Texas (Mr. Canseco).

                              {time}  1820

  Mr. CANSECO. I want to thank my friend and colleague and fellow San 
Antonian--the chairman of the Judiciary Committee, Mr. Smith--as well 
as his diligent and hardworking staff, for their help on this very 
important matter.
  I come to the floor today, Madam Speaker, in support of my 
legislation, H.R. 6368, the Border Security Information Improvement 
Act.
  As the Representative of a district with nearly 800 miles of U.S.-
Mexico border, I know firsthand how important the security of our 
citizens along our shared border with Mexico is. As I visit with the 
people of the 23rd District of Texas, I hear time and time again from 
Americans living along the border that they do not feel safe or secure. 
They talk of living in fear. They tell me that Washington is not paying 
attention as drugs, weapons, and humans are smuggled through their 
communities. Washington is not listening as they ask for help as 
violence from Mexican drug cartels spills into their communities and 
cities and towns.
  Many of the statistics and information used to make claims about the 
security of our southwest border are based on information from sources, 
such as the Uniform Crime Report, that are not intended to measure 
security along our border.
  Administration officials have claimed that the border is safe and 
secure. Yet, while attending a Homeland Security Committee hearing last 
May, I learned that the Department of Homeland Security and the 
Department of Justice do not have a working, uniform definition of 
``spillover violence.'' Yet witnesses at the hearing-- high-ranking 
officials from Justice and Homeland Security--stated that there is no 
cross-border violence.
  This is completely unacceptable. If the Federal Government cannot 
even define what endangers border citizens, we cannot ensure their 
safety. H.R. 6368 is simple. It is straightforward. It is a bill that 
will address this very problem.
  It directs the Department of Justice and the Department of Homeland 
Security to submit a report to Congress on their ability to define, to 
track, to investigate, and to quantify cross-border, or spillover, 
violence.
  The Departments of Justice and Homeland Security will furthermore 
report what information and statistics are available and that are at 
their disposal in order to understand the amount of violence spilling 
into the United States. The ability to correctly monitor the level of 
spillover violence occurring across our Nation's borders will allow us 
to assess the success of our border security policies and to ensure 
that we have the correct policies in place in order to stop violence, 
stop drugs and contraband from spilling into the United States.
  Lastly, the Departments will recommend to Congress what additional 
resources are necessary in order to track, quantify, and report on 
cross-border violence so that Congress can do its part and ensure that 
our Federal law enforcement agencies have the tools and the data that 
they need to do their jobs. Congress must be a willing and able partner 
in the fight against the ruthless Mexican cartels and the violence that 
they bring into our American communities.
  Madam Speaker, the American people deserve to know the capability of 
their government to address cross-border violence. This bill does not 
seek to prove that one party is right or that one party is wrong. It 
simply seeks to find out the ability of the Departments of Justice and 
Homeland Security to define, to track, and to understand the amount of 
violence spilling into the United States from Mexico. In order to 
achieve a secure border, we must be able to correctly gauge the amount 
of violence that is spilling into the United States, and I believe that 
this bill is an important first step in that direction.
  Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  H.R. 6368 requires the Department of Justice and the Department of 
Homeland Security, no later than 180 days after the enactment of this 
law, to jointly provide a report to Congress on those Departments' 
abilities to track, investigate, and quantify cross-border violence 
along our country's southwest border and to provide recommendations to 
Congress on how to accurately track, investigate, and quantify cross-
border violence.
  This seems like a good idea, and I note that the bill provides that 
we will receive budget recommendations along with the report, as some 
have suggested, so that we can reduce the size of government with 
unspecified cuts, but then we are often surprised to see what those 
cuts are. Tracking, investigating, and responding appropriately to 
cross-border violence will require personnel and equipment, which 
obviously will require increases, not cuts, in the budget.
  I want to thank the gentleman from Texas (Mr. Canseco) for his work 
on the bill. I look forward to the report, and I recommend the bill's 
passage.
  I yield back the balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I yield back the balance of my 
time.

                                         House of Representatives,


                               Committee on Homeland Security,

                               Washington, DC, September 12, 2012.
     Hon. Lamar Smith,
     Chairman, Committee on the Judiciary, Washington, DC.
       Dear Chairman Smith: I am writing in regards to the 
     jurisdictional interest of the Committee on Homeland Security 
     over provisions in H.R. 6368, which requires the Department 
     of Justice, in consultation with the Department of Homeland 
     Security, to provide a report to Congress on the ability to 
     track, investigate, and quantify cross-border violence along 
     the Southwest Border and provide recommendations to Congress.
       I understand the importance of advancing this legislation 
     to the House floor in an expeditious manner. Therefore, the 
     Committee on Homeland Security will discharge H.R. 6368 from 
     further consideration. This action is conditional on our 
     mutual understanding and agreement that doing so will in no 
     way diminish or alter the jurisdiction of the Committee on 
     Homeland Security over the subject matter included in this or 
     similar legislation. I request that you urge the Speaker to 
     appoint members of this Committee to any conference committee 
     for consideration of any provisions that fall within the 
     jurisdiction of the Committee on Homeland Security in the 
     House-Senate conference on this or similar legislation.
       I also request that this response and your letter be 
     included in the Committee on the Judiciary report to H.R. 
     6368 and in the Congressional Record during consideration of 
     this measure on the House floor. Thank you for your 
     consideration of this matter.
           Sincerely,
                                                    Peter T. King,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                               Washington, DC, September 13, 2012.
     Hon. Peter King,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Chairman King, Thank you for your letter dated 
     September 12, 2012, regarding H.R. 6368, the ``Border 
     Security Information Improvement Act of 2012,'' which was 
     referred to the Judiciary Committee on September 10.
       I am most appreciative of your decision to forego 
     consideration of H.R. 6368 so that it may move expeditiously 
     to the House floor. I acknowledge that although you are 
     waiving formal consideration of the bill, the Committee on 
     Homeland Security is in no way waiving its jurisdiction over 
     the subject matter contained in the bill. In addition, if a 
     conference is necessary on this legislation, I will support 
     any request that your committee be represented therein.
       Finally, I shall be pleased to include your letter and this 
     letter in the Congressional

[[Page 14360]]

     Record during floor consideration of H.R. 6368.
           Sincerely,
                                                      Lamar Smith,
                                                         Chairman.

  The SPEAKER pro tempore (Mrs. Schmidt). 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. 6368, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to require the 
Department of Justice and the Department of Homeland Security to 
provide a joint report to Congress on the Departments' ability to 
track, investigate and quantify cross-border violence along the 
Southwest Border and provide recommendations to Congress on how to 
accurately track, investigate, and quantify cross-border violence.''.
  A motion to reconsider was laid on the table.

                          ____________________