congressional_record: CREC-2012-12-31-pt1-PgH7491-2
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| granule_id | date | congress | session | volume | issue | title | chamber | granule_class | sub_granule_class | page_start | page_end | speakers | bills | citation | full_text |
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| CREC-2012-12-31-pt1-PgH7491-2 | 2012-12-31 | 112 | 2 | INVESTIGATIVE ASSISTANCE FOR VIOLENT CRIMES ACT OF 2012 | HOUSE | HOUSE | ALLOTHER | H7491 | H7495 | [{"name": "Trey Gowdy", "role": "speaking"}, {"name": "Robert C. \"Bobby\" Scott", "role": "speaking"}, {"name": "John Conyers, Jr.", "role": "speaking"}, {"name": "Sheila Jackson Lee", "role": "speaking"}] | [{"congress": "112", "type": "HR", "number": "83"}, {"congress": "112", "type": "HR", "number": "2076"}, {"congress": "112", "type": "HR", "number": "2076"}, {"congress": "112", "type": "HR", "number": "6019"}, {"congress": "112", "type": "HR", "number": "6019"}] | 158 Cong. Rec. H7491 | Congressional Record, Volume 158 Issue 171 (Monday, December 31, 2012) [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.Bashford@mail.house.gov. 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. ____________________ |