99–006 

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: 


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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 


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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.’’ 


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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 


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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 

* * * * * * * 

§ 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 ø$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 


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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. 

* * * * * * * 

ø540A. Investigation of violent crimes against travelers.¿ 

540A. Investigation of certain violent crimes. 

* * * * * * * 

§ 540A. øInvestigation 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. 

* * * * * * * 

Æ 


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