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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.

           *       *       *       *       *       *       *