Bullying Prevention and Intervention Act of 2011

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 rise this morning on a number of issues that I think are enormously important, and I am delighted to join initially my colleague from Texas to again emphasize and truthfully tell the story about the Affordable Care Act that is now 2 years old. But as a founder and the cochair of the Congressional Children's Caucus, and because our children are our presents and our tomorrows, I think it's important to ask the question: Do we want healthy children? And should health care be a question of wealth and status? Or should it be open to all of our beautiful and precious children and youth?

The Affordable Care Act allows our young college students to remain on their parents' health insurance until the age of 26. The Affordable Care Act allows a baby that has a proclivity to asthma as a preexisting condition to be able to be covered by insurance. It provides an opportunity for extensive research into some of the unsolved childhood diseases, such as pediatric cancer. And, of course, it provides greater access to health care by expanding what we call community health clinics, something that I have been a proponent of since coming to Congress and throughout the Bush administration, when I asked President Bush directly about the number of community health clinics not only in the Nation but in my State of Texas, where we have the highest number of uninsured persons.

So I don't know why our Republican Presidential candidates and many think that the rising pathway to victory is to condemn an opportunity for our children. I find that curious, at best. And I would applaud and celebrate President Obama and his administration, the Secretary of Health and Human Services, Secretary Sebelius, and all of those who are contributing to the implementing of this legislation. I can tell you, in Texas today, as I stand, women are being denied access to health care. Thank God for the Affordable Care Act for its constitutional or its Federal premise of providing access to health care for all Americans. At least we have something that we can use to question the denial of access to health care to women in the State of Texas.

I indicated that I chair the Congressional Children's Caucus, so I rise

today to applaud the Justice Department decision to investigate the death, the murder, of Mr. Trayvon Martin in Sanford, Florida. A youngster, the child of two loving parents, minding his own business, wearing the attire of youthful people, hoodies, sneakers. I understand that he had his earphones in his ear and may have been bopping along to a little music.

I support Neighborhood Watch. I come from local government. Neighbors should watch out for each other but not a neighborhood vigilante. If the 911 call said to that individual, Mr. Zimmerman, ``Don't follow him,'' then get in your car and sit quiet. The police are on the way.

Every one of us, as parents--I have a son--this is not an issue that should strike us as color. It should be anyone that has a teenager, bopping along with a hoody on and sneakers and earphones in his ear, just going to get candy, to be able to sit in front of the all-star game, and he winds up with a gunshot to the chest that kills him dead in his tracks.

Thank you Justice Department for recognizing that the harsh law in the State of Florida that says that you can stand your ground and defend yourself, this man should have retreated. He should have never been out there after that boy. That boy was not found coming out of a window, going through a door. He was on a sidewalk. And it is an outrage. Thank you to President Obama's Justice Department for recognizing that his civil rights are now in question of having been violated. And the Federal law preempts Florida's law, which is the harshest law in this Nation. Every parent should think at least that if their child is just being a child, just being a teenager, a youngster who liked to babysit and play football, that he still had life ahead of him.

I also want to say that I support moving the ``R'' status from the bullying bill. I held a major hearing in my district. Bullying is an epidemic. And I have introduced major legislation, H.R. 83, and I am encouraging the Judiciary Committee to pass this legislation dealing with bullying. It is an epidemic. We can reauthorize the block grant to give money for best practices to help parents, to help schools, to help children learn about bullying. I believe in our children. I want this Congress to believe in our children, and this Nation to believe in our children.

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.

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.