[House Report 112-186]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-186
======================================================================
INVESTIGATIVE ASSISTANCE FOR VIOLENT CRIMES ACT
OF 2011
_______
July 29, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany H.R. 2076]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred 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, having considered the same, reports favorably thereon
with amendments and recommends that the bill as amended do
pass.
CONTENTS
Page
The Amendments................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
The Amendments
The amendments (stated in terms of the page and line
numbers of the introduced bill) are as follows:
Page 2, line 5, by striking ``inserting'' and all that
follows through the end of the line and inserting
```$3,000,000';''
Page 2, strike lines 15 through 17 and insert the following:
(A) in the section heading, by striking
```Investigation of certain violent crimes;'''
and inserting ```Investigation of certain
violent crimes';''.
Purpose and Summary
H.R. 2076, the Investigative Assistance for Violent Crimes
Act of 2011, specifically allows the Federal Bureau of
Investigation (FBI) to provide State and local law enforcement
with assistance they request in responding to a violent crime
when that violent crime does not appear to otherwise violate a
Federal law. The bill also clarifies that the authority of the
FBI to conduct or assist in such investigations at the request
of State and local law enforcement includes the authority to
deploy crisis-management assets. The concern that this bill
addresses often arises when the FBI is asked to assist local
authorities with shootings and mass killings resulting from
violent rampages at some public place, such as a shopping mall
or a school.
Additionally, this bill raises from $2,000,000 to
$3,000,000, the maximum amount of a reward that could be paid
pursuant to public advertisements for assistance to the
Department of Justice. The offering or awarding of an amount of
$250,000 or more will still require the personal approval of
the President or the Attorney General and requires written
notice to Congress including to the Chairman and Ranking Member
of the House Judiciary Committee.
Background and Need for the Legislation
The FBI does not currently have specific statutory
authority to assist in the investigation of mass killings,
attempted mass killings, or other violent crimes occurring in
venues such as schools, colleges, universities, non-federal
office buildings, malls and/or other public places. The FBI
receives requests for such assistance from State and local law
enforcement, and, while this assistance is specifically
requested and generally granted, there is the possibility that
Federal officers could be found to be acting outside of their
scope of employment.
On July 18, 2011, the FBI Agents Association, representing
over 12,000 active and retired-duty agents, sent a letter of
support for this legislation. Their letter stated in part:
``FBI Agents have a long history of working closely with state
and local law enforcement officials to investigate crimes.
Unfortunately, the current statutory language granting
authority to the FBI to provide investigative assistance for
certain ``non-federal'' crimes, such as mass killings, is
ambiguous and the FBI must often find indirect grants of
authority in order to assist with investigations. H.R. 2076
would help clarify statutory ambiguity by explicitly granting
the FBI the authority to provide investigative assistance, when
requested by appropriate state or local law enforcement
officials, in cases where those officials are investigating
violent acts and shootings at venues such as schools, non-
federal office buildings, and shopping malls. Absent this
statutory change, law enforcement officials face questions
about whether the FBI can appropriately provide such aid, often
resulting in delay.''
Hearings
The Committee on the Judiciary held no hearings on H.R.
2076.
Committee Consideration
On July 20, 2011, the Committee met in open session and
ordered the bill H.R. 2076 favorably reported without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 2076.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2076, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 28, 2011.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2076, the
``Investigative Assistance for Violent Crimes Act of 2011.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 2076--Investigative Assistance for Violent Crimes Act of 2011.
CBO estimates that implementing H.R. 2076 would have no
significant cost to the Federal Government. Enacting the bill
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 2076 would clarify the authority of the Department of
Justice (DOJ) to assist State and local governments in
investigating certain violent crimes. The bill also would
raise, from $2 million to $3 million, the maximum reward that
DOJ may offer for public assistance in solving crimes. Based on
information from DOJ about rewards paid in recent years, CBO
expects very few rewards to exceed $2 million. Thus, we
estimate that H.R. 2076 would have no significant effect on
department spending (rewards are paid from appropriated funds).
H.R. 2076 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2076 is intended 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 violent crimes.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2076 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. This section cites the short title
of the bill as the ``Investigative Assistance for Violent
Crimes Act of 2011.''
Section 2. Investigation of Mass Killing or Attempted Mass
Killing and other Violent Crimes. This section amends the
Federal criminal code to raise the maximum amount of a reward
that could be paid pursuant to public advertisements for
assistance to the Department of Justice. Additionally, this
section specifies that at the request of an appropriate State
or local law enforcement official, the Attorney General and the
Director of the Federal Bureau of Investigation may assist in
the investigation of violent acts including mass killings and
attempted mass killings in schools, malls or other public
places and non-federal office buildings. This section clarifies
that the authority to conduct or assist in investigations
includes the authority to deploy crisis-management assets and
that such conduct or assistance is within the scope of Federal
employment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 28, UNITED STATES CODE
* * * * * * *
PART II--DEPARTMENT OF JUSTICE
* * * * * * *
CHAPTER 31--THE ATTORNEY GENERAL
* * * * * * *
Sec. 530C. Authority to use available funds
(a) * * *
(b) Permitted Uses.--
(1) General permitted uses.--Funds available to the
Attorney General (i.e., all funds available to carry
out the activities described in subsection (a)) may be
used, without limitation, for the following:
(A) * * *
* * * * * * *
(L) payment of rewards (i.e., payments
pursuant to public advertisements for
assistance to the Department of Justice), in
accordance with procedures and regulations
established or issued by the Attorney General:
Provided, That-
(i) no such reward shall exceed
[$2,000,000] $3,000,000, unless--
* * * * * * *
(4) Federal bureau of investigation.--Funds
available to the Attorney General for the Federal
Bureau of Investigation for the detection,
investigation, and prosecution of crimes against the
United States may be used for the conduct of all its
authorized activities. The authority to conduct or
assist in investigations includes the authority to
deploy tactical response, command and control, and
other crisis-management assets of the Bureau, as
appropriate; and any such conduct or assistance shall
be understood presumptively to be within the scope of
Federal office or employment.
* * * * * * *
CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION
Sec.
531. Federal Bureau of Investigation.
* * * * * * *
[540A. Investigation of violent crimes against travelers.]
540A. Investigation of certain violent crimes.
* * * * * * *
Sec. 540A. [Investigation of violent crimes against travelers]
Investigation of certain violent crimes
(a) In General.--At the request of an appropriate law
enforcement official of a State or political subdivision, the
Attorney General and Director of the Federal Bureau of
Investigation may assist in the investigation of a felony crime
of violence in violation of the law of any State in which the
victim appears to have been selected because he or she is a
traveler, in the investigation of violent acts and shootings
occurring in venues such as schools, colleges, universities,
non-Federal office buildings, malls, and other public places,
and in the investigation of mass killings and attempted mass
killings.
* * * * * * *
(c) Definitions.--In this section--
(1) * * *
* * * * * * *
(4) ``mass killings'' means three or more killings
in a single incident.
* * * * * * *