Investigative Assistance for Violent Crimes Act of 2012

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.

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

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,

[email protected].

Very Truly Yours,

Sheila Jackson Lee,

Member of Congress.

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.

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.

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.

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.

Madam Speaker, I reserve the balance of my time and the right to perhaps finish at the end.

I continue to reserve the balance of my time.

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.

Mr. Speaker, I move to suspend the rules and pass 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, as amended.

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. 2076, as amended, currently under consideration.

I yield myself such time as I may consume.

Mr. Speaker, violent crimes that impact multiple victims in mass shootings in particular are unpredictable and, in addition to sending shock waves through the communities impacted, often test the resources of the State and local law enforcement jurisdictions involved. Regrettably, within our lifetime, there have been scores of mass shootings ranging from restaurants to high schools to universities and churches. No place is safe.

There are no sanctuaries left any more, Mr. Speaker, in our culture. And despite the tremendous training, education, and hard work of the brave women and men in State and local law enforcement, these types of tragedies can test even the most well-resourced law enforcement agencies. Not only is there an active crime scene with victims, there are hundreds of pieces of forensic or ballistic evidence, and the gathering of evidence is taking place sometimes contemporaneous with the search for an assailant.

There is a deep and rich history of cooperation and collaboration between and among law enforcement agencies. This is true at the local level, the State level and, indeed, at the Federal level. Federal law enforcement agencies have unique skill sets, access to resources and equipment and other investigative techniques that can and do assist smaller police departments on a regular basis.

But, Mr. Speaker, currently the FBI does not have the specific statutory authority to assist in all investigations, specifically with respect to the investigation of mass shootings or other violent crimes occurring in non-Federal venues.

H.R. 2076, the Investigative Assistance for Violent Crimes Act of 2011, is a commonsense bill that allows the FBI to provide assistance to State and local law enforcement authorities, if requested, in response to a mass shooting or other mass casualty. This bill addresses when the FBI is asked to assist State or local authorities with mass shootings and mass killings at a public place, such as a shopping mall or a school.

The FBI has traditionally assisted State and local law enforcement authorities, but the statutory authority explicitly granting the FBI jurisdiction is lacking. To be sure, the FBI helps and is willing to help, but the absence of a specific statutory grant of jurisdiction, even jurisdiction by invitation, needs to be resolved.

This bill is not an expansion of Federal authority, and it does not expand the authority of the FBI. Any assistance from the FBI must be requested by the State or local authority and agreed to by Federal authorities. The FBI will only assist when State or local counterparts ask for help and they agree to provide it.

This legislation, Mr. Speaker, is simple, but it is also critical. State and local authorities often look to the FBI for assistance in handling large, violent crimes, but the FBI must look to Federal law to determine what authority it has been granted by Congress before it can offer assistance.

Accordingly, H.R. 2076 gives the FBI the specific authority to respond to requests for assistance from State and local law enforcement authorities when mass killings or other acts of violence are committed or attempted.

H.R. 2076, Mr. Speaker, was passed out of the House Judiciary Committee by a voice vote with broad bipartisan support. This bill is also supported by the FBI Agents Association, a voluntary professional association currently representing over 12,000 active duty and retired FBI special agents.

Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.

Will the gentleman yield?

I thank the gentleman from Michigan, and I would tell the distinguished former chairman of Judiciary, I am not aware of a single instance in my 16 years as a prosecutor where the FBI was asked to provide help and didn't do so, and I know that my friend from Michigan would want the FBI to be on solid, legal footing.

So with respect to the shooting that you are referencing--and I fear that I am familiar with that shooting; I believe I read about it, the tragic loss of life of a wonderful high school young lady who happened to be a tremendous basketball player--the FBI agents that I know would gladly help in that case.

And if the gentleman from Michigan wanted to provide a way for the Bureau to help whenever requested, I would be happy to work on that with him.

Mr. Speaker, I yield back the balance of my time.

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.

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

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.

Madam Speaker, I ask unanimous consent to reclaim my time.

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).

Madam Speaker, I yield such time as she may consume to the gentlelady from Texas (Ms. Jackson Lee).

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.

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.

Mr. 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 the FBI specific authority to respond when asked for help by state and local law enforcement, without expanding the FBI's jurisdiction. The bill allows the FBI to assist in the investigation of violent crimes or mass killings, only when asked to do so.

In recent history the FBI has lent their resources to several high profile investigations. 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 support to state and local law enforcement officials on several occasions. However, as the law currently holds, there is no specific statutory authority allowing them to do so. The Investigative Assistance for Violent Crimes Act specifically authorizes, by 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 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.