H6118 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

of our country. I’m proud that when 

countries need help, we’re there. 

But when disasters strike right here 

at home, I do believe that we should 

help Americans first, and we don’t 

know when or where the next disaster 

will occur. It could be tonight, could be 

tomorrow, could be next week. But 

let’s make sure, before we leave here 

today, that we tell our neighbors and 

friends back home and around this 

great Nation that, in their greatest 

time of need, their country will be 

there for them. 

With all the devastation and destruction that happened from last year’s 

flood, I saw the greatness of America. I 

saw neighbors helping neighbors. I saw 

strangers helping people. I saw students helping the elderly. I saw what 

makes this country great, and I saw 

the American people come together. 

It’s time that this Congress comes 

together. I urge my colleagues to support this bill. 

I yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Pennsylvania (Mr. 

BARLETTA) that the House suspend the 

rules and pass the bill, H.R. 6296, as 

amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

BORDER SECURITY INFORMATION 

IMPROVEMENT ACT OF 2012 

Mr. SMITH of Texas. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 6368) to require the Department of Justice, in consultation with 

the Department of Homeland Security, 

to provide a report to Congress on the 

Departments’ ability to track, investigate and quantify cross-border violence along the Southwest Border and 

provide recommendations to Congress 

on how to accurately track, investigate, and quantify cross-border violence, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 6368 

Be it enacted by the Senate and House of 

Representatives of the United States of America 

in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Border Security Information Improvement Act of 2012’’. 

SEC. 2. STUDY. 

(a) REPORT ON CROSS-BORDER VIOLENCE ON

THE SOUTHWEST BORDER.—Not later than 180 

days after the date of the enactment of this 

Act, the Attorney General and the Secretary 

of Homeland Security shall jointly submit to 

the congressional committees set forth in 

subsection (b) a report on cross-border violence on the Southwest Border of the United 

States. Such study shall include— 

(1) the definition of cross-border violence 

used by law enforcement components within 

the Departments of Justice and Homeland 

Security; 

(2) the ability of the Departments of Justice and Homeland Security and their law 

enforcement components to track, investigate, quantify, and report on the level of 

cross-border violence occurring along the 

Southwest Border of the United States; 

(3) the extent to which the Departments of 

Justice and Homeland Security define and 

track cross-border violence and steps being 

taken to address the effects of cross-border 

violence along the Southwest Border of the 

United States; 

(4) the information and data on cross-border violence collected and made available 

through inter-agency taskforces on the 

Southwest Border of the United States, including the Southwest Border High Intensity 

Drug Trafficking Area, Arizona’s Alliance to 

Combat Transnational Threats, the El Paso 

Intelligence Center, the Border Enforcement 

and Security Task Force, and State and 

Local Fusion Centers; and 

(5) the additional resources needed to 

track, investigate, quantify and report on 

the level of cross-border violence occurring 

along the United States-Mexico border. 

(b) CONGRESSIONAL COMMITTEES.—The congressional committees set forth in this subsection are— 

(1) the Committee on Homeland Security 

and Governmental Affairs of the Senate; 

(2) the Committee on the Judiciary of the 

Senate; 

(3) the Committee on Homeland Security 

of the House of Representatives; and 

(4) the Committee on the Judiciary of the 

House of Representatives. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Texas (Mr. SMITH) and the gentleman 

from Virginia (Mr. SCOTT) each will 

control 20 minutes. 

The Chair recognizes the gentleman 

from Texas. 

GENERAL LEAVE

Mr. SMITH of Texas. 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. 6368, as amended, currently under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Texas? 

There was no objection. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, I’d like to thank my 

colleague and good friend, Congressman FRANCISCO CANSECO, for his work 

on the issue of cross-border violence 

and its impact on the United States. 

Mr. Speaker, In recent years, drug trafficking-related violence has increased in Mexico. According to Mexican officials, over 

40,000 people have been killed as the result 

of drug-related violence since 2006. 

As the gentleman from Texas has pointed 

out, we should be very concerned that there 

are insufficient methods to track this violence 

and that it spills over into the United States. 

When evaluating increased violence in Mexico and its effect on the United States, a central concern is the potential for what has been 

termed ‘‘spillover violence’’—an increase in 

drug trafficking-related violence in the United 

States. 

The violence being committed by Mexican 

drug cartels within Mexico’s own borders presents a national security challenge for Mexico. 

When that violence spills over into the United 

States, it presents a national security concern 

for America as well. 

Cross-border violence is a challenge for 

both countries while criminals kill not only 

each other but government officials, law enforcement and military officers, innocent civilians and children. 

Administration officials maintain that there 

has not yet been a significant spillover of violence from Mexico into the United States. But 

we should not wait for it to happen. 

This bill requires the Department of Justice 

and the Department of Homeland Security to 

provide a joint report to Congress on the Departments’ ability to track, investigate and 

measure cross-border violence along the 

Southwest border. 

In addition, it directs the Departments of 

Justice and Homeland Security to make recommendations to Congress on how best to 

accurately track, investigate and measure 

cross-border violence. 

Cross-border violence is a complex problem 

which cannot be resolved overnight. This legislation is an important first step in developing 

an overall strategy to combat spillover violence. 

I again thank Mr. CANSECO for his work on 

this issue, and I urge my colleagues to support this bill. 

I will now yield as much time as he 

might consume to the gentleman from 

Texas (Mr. CANSECO). 

b 1820 

Mr. CANSECO. I want to thank my 

friend and colleague and fellow San 

Antonian—the chairman of the Judiciary Committee, Mr. SMITH—as well as 

his diligent and hardworking staff, for 

their help on this very important matter. 

I come to the floor today, Madam 

Speaker, in support of my legislation, 

H.R. 6368, the Border Security Information Improvement Act. 

As the Representative of a district 

with nearly 800 miles of U.S.-Mexico 

border, I know firsthand how important the security of our citizens along 

our shared border with Mexico is. As I 

visit with the people of the 23rd District of Texas, I hear time and time 

again from Americans living along the 

border that they do not feel safe or secure. They talk of living in fear. They 

tell me that Washington is not paying 

attention as drugs, weapons, and humans are smuggled through their communities. Washington is not listening 

as they ask for help as violence from 

Mexican drug cartels spills into their 

communities and cities and towns. 

Many of the statistics and information used to make claims about the security of our southwest border are 

based on information from sources, 

such as the Uniform Crime Report, 

that are not intended to measure security along our border. 

Administration officials have 

claimed that the border is safe and secure. Yet, while attending a Homeland 

Security Committee hearing last May, 

I learned that the Department of 

Homeland Security and the Department of Justice do not have a working, 

uniform definition of ‘‘spillover violence.’’ Yet witnesses at the hearing— 


smartinez on DSK6TPTVN1PROD with HOUSE
September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6119 

high-ranking officials from Justice and 

Homeland Security—stated that there 

is no cross-border violence. 

This is completely unacceptable. If 

the Federal Government cannot even 

define what endangers border citizens, 

we cannot ensure their safety. H.R. 6368 

is simple. It is straightforward. It is a 

bill that will address this very problem. 

It directs the Department of Justice 

and the Department of Homeland Security to submit a report to Congress on 

their ability to define, to track, to investigate, and to quantify cross-border, 

or spillover, violence. 

The Departments of Justice and 

Homeland Security will furthermore 

report what information and statistics 

are available and that are at their disposal in order to understand the 

amount of violence spilling into the 

United States. The ability to correctly 

monitor the level of spillover violence 

occurring across our Nation’s borders 

will allow us to assess the success of 

our border security policies and to ensure that we have the correct policies 

in place in order to stop violence, stop 

drugs and contraband from spilling 

into the United States. 

Lastly, the Departments will recommend to Congress what additional 

resources are necessary in order to 

track, quantify, and report on crossborder violence so that Congress can do 

its part and ensure that our Federal 

law enforcement agencies have the 

tools and the data that they need to do 

their jobs. Congress must be a willing 

and able partner in the fight against 

the ruthless Mexican cartels and the 

violence that they bring into our 

American communities. 

Madam Speaker, the American people deserve to know the capability of 

their government to address cross-border violence. This bill does not seek to 

prove that one party is right or that 

one party is wrong. It simply seeks to 

find out the ability of the Departments 

of Justice and Homeland Security to 

define, to track, and to understand the 

amount of violence spilling into the 

United States from Mexico. In order to 

achieve a secure border, we must be 

able to correctly gauge the amount of 

violence that is spilling into the United 

States, and I believe that this bill is an 

important first step in that direction. 

Mr. SCOTT of Virginia. Madam 

Speaker, I yield myself such time as I 

may consume. 

H.R. 6368 requires the Department of 

Justice and the Department of Homeland Security, no later than 180 days 

after the enactment of this law, to 

jointly provide a report to Congress on 

those Departments’ abilities to track, 

investigate, and quantify cross-border 

violence along our country’s southwest 

border and to provide recommendations to Congress on how to accurately 

track, investigate, and quantify crossborder violence. 

This seems like a good idea, and I 

note that the bill provides that we will 

receive budget recommendations along 

with the report, as some have suggested, so that we can reduce the size 

of government with unspecified cuts, 

but then we are often surprised to see 

what those cuts are. Tracking, investigating, and responding appropriately 

to cross-border violence will require 

personnel and equipment, which obviously will require increases, not cuts, 

in the budget. 

I want to thank the gentleman from 

Texas (Mr. CANSECO) for his work on 

the bill. I look forward to the report, 

and I recommend the bill’s passage. 

I yield back the balance of my time. 

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

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON HOMELAND SECURITY, 

Washington, DC, September 12, 2012. 

Hon. LAMAR SMITH, 

Chairman, Committee on the Judiciary, Washington, DC. 

Dear CHAIRMAN SMITH: I am writing in regards to the jurisdictional interest of the 

Committee on Homeland Security over provisions in H.R. 6368, which requires the Department of Justice, in consultation with 

the Department of Homeland Security, to 

provide a report to Congress on the ability to 

track, investigate, and quantify cross-border 

violence along the Southwest Border and 

provide recommendations to Congress. 

I understand the importance of advancing 

this legislation to the House floor in an expeditious manner. Therefore, the Committee 

on Homeland Security will discharge H.R. 

6368 from further consideration. This action 

is conditional on our mutual understanding 

and agreement that doing so will in no way 

diminish or alter the jurisdiction of the 

Committee on Homeland Security over the 

subject matter included in this or similar 

legislation. I request that you urge the 

Speaker to appoint members of this Committee to any conference committee for consideration of any provisions that fall within 

the jurisdiction of the Committee on Homeland Security in the House-Senate conference on this or similar legislation. 

I also request that this response and your 

letter be included in the Committee on the 

Judiciary report to H.R. 6368 and in the Congressional Record during consideration of 

this measure on the House floor. Thank you 

for your consideration of this matter. 

Sincerely, 

PETER T. KING, 

Chairman. 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC, September 13, 2012. 

Hon. PETER KING, 

Chairman, Committee on Homeland Security, 

Washington, DC. 

DEAR CHAIRMAN KING, Thank you for your 

letter dated September 12, 2012, regarding 

H.R. 6368, the ‘‘Border Security Information 

Improvement Act of 2012,’’ which was referred to the Judiciary Committee on September 10. 

I am most appreciative of your decision to 

forego consideration of H.R. 6368 so that it 

may move expeditiously to the House floor. 

I acknowledge that although you are waiving 

formal consideration of the bill, the Committee on Homeland Security is in no way 

waiving its jurisdiction over the subject 

matter contained in the bill. In addition, if a 

conference is necessary on this legislation, I 

will support any request that your committee be represented therein. 

Finally, I shall be pleased to include your 

letter and this letter in the Congressional 

Record during floor consideration of H.R. 

6368. 

Sincerely, 

LAMAR SMITH, 

Chairman. 

The SPEAKER pro tempore (Mrs. 

SCHMIDT). The question is on the motion offered by the gentleman from 

Texas (Mr. SMITH) that the House suspend the rules and pass the bill, H.R. 

6368, as amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

The title was amended so as to read: 

‘‘A bill to require the Department of 

Justice and the Department of Homeland Security to provide a joint report 

to Congress on the Departments’ ability to track, investigate and quantify 

cross-border violence along the Southwest Border and provide recommendations to Congress on how to accurately 

track, investigate, and quantify crossborder violence.’’. 

A motion to reconsider was laid on 

the table. 

f 

ANNOUNCEMENT BY THE SPEAKER 

PRO TEMPORE 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 

will resume on motions to suspend the 

rules previously postponed. 

Votes will be taken in the following 

order: 

H.R. 5044, by the yeas and nays; 

H.R. 5912, by the yeas and nays. 

The first electronic vote will be conducted as a 15-minute vote. The remaining electronic vote will be conducted as a 5-minute vote. 

f 

ANDREW P. CARPENTER TAX ACT 

The SPEAKER pro tempore. The unfinished business is the vote on the motion to suspend the rules and pass the 

bill (H.R. 5044) to amend the Internal 

Revenue Code of 1986 to exclude from 

gross income any discharge of indebtedness income on education loans of 

deceased veterans, as amended, on 

which the yeas and nays were ordered. 

The Clerk read the title of the bill. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Texas (Mr. SAM

JOHNSON) that the House suspend the 

rules and pass the bill, as amended. 

The vote was taken by electronic device, and there were—yeas 400, nays 0, 

not voting 29, as follows: 

[Roll No. 585] 

YEAS—400 

Ackerman 

Adams 

Aderholt 

Alexander 

Altmire 

Amash 

Amodei 

Andrews 

Austria 

Baca 

Bachmann 

Bachus 

Baldwin 

Barber 

Barletta 

Barrow 

Bartlett 

Barton (TX) 

Bass (CA) 

Bass (NH) 

Becerra 

Benishek 

Berg 

Berkley 

Berman 

Biggert 

Bilbray 

Bilirakis 

Bishop (GA) 

Bishop (NY) 

Bishop (UT) 

Black 

Blackburn 

Blumenauer 

Bonamici 

Bonner 


smartinez on DSK6TPTVN1PROD with HOUSE