Adam Schiff

Mr. SCHIFF

Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume. The Byrne Memorial Justice Assistance Grant, or Byrne/JAG Program, is named after Edward Byrne, a New York City police officer killed by a violent drug gang 20 years ago. The Byrne/JAG Program is the only source of Federal funding for multi-jurisdictional efforts to prevent and fight crime. The funding is used by States and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Specific uses include law enforcement, prosecution, and court programs; crime prevention and education programs; community-based programs; drug treatment, planning, and evaluation efforts; and crime victim and witness programs. Simply put, this program enables States to employ all aspects of fighting crime, rather than simply using the so-called ``get tough'' approach limited to making more arrests and making sentences longer. Nationwide, the program has resulted in major innovations in crime control, including drug courts, gang prevention strategies, and prisoner reentry programs, all of which provide proven and highly effective crime prevention. In turn, these innovations demonstrate that the best crime policy incorporates programs that help at-risk youth avoid criminal behavior and that prepare prisoners for reentry into society so they have meaningful and productive alternatives to crime when they return home. S. 231 would simply reauthorize the Byrne/JAG Program at its current funding level, which is $1.095 billion, through 2012. The House passed substantially identical legislation by voice vote last month. Passing the Senate version will enable us to send this important bill to the President. I urge my colleagues to support this measure. Mr. Speaker, I reserve the balance of my time.

Mr. SCHIFF

Mr. SCHIFF. Mr. Speaker, it gives me great pleasure to yield 5 minutes to the gentleman from Florida (Mr. Klein).

Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 5464, the ``A Child is Missing Alert and Recovery Center Act,'' helps address the terrifying experience of when a family member or friend goes missing. Under current law, there are programs such as Amber Alert to help missing children who are abducted or become victims of foul play. But these programs do not extend to situations where a child or elderly person becomes missing in other more innocent ways. H.R. 5464 fills this gap and authorizes money for annual grants to the A Child is Missing Alert and Recovery Center. This national nonprofit program provides assistance to local law enforcement throughout the country in all situations of missing persons, not only those involved in criminal activity. The center helps when a small child fails to come home from school or a grandmother suffering from Alzheimer's disease walks out of her home in the middle of the night. When the terrifying event of a missing person is reported to the police, the responding police officer can call the center, which operates 365 days a year, 24 hours a day. Based on information from the call, the center quickly prepares a recorded message that includes a description of the missing person, along with a location where the person was last seen. Within minutes, the center sends this recording to thousands of phones within a radius of the last known location. This activity can save not only precious lives, but also critically needed enforcement resources that would otherwise be spent in extended searches for missing persons. The bill before us today will make a significant contribution to the protection of children and vulnerable adults throughout the United States. I want to thank the sponsor of this bill, Ron Klein of Florida, for his leadership on this very important issue. I urge my colleagues to support the legislation. Mr. Speaker, I reserve the balance of my time.

Mr. SCHIFF. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. SCHIFF. Mr. Speaker, I ask unanimous consent that all Members have an additional 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5464) to direct the Attorney General to make an annual grant to the A Child Is Missing Alert and Recovery Center to assist law enforcement agencies in the rapid recovery of missing children, and for other purposes.

Mr. SCHIFF

Mr. SCHIFF. Mr. Speaker, I yield back the balance of my time.

Mr. SCHIFF. Mr. Speaker, I join with my colleague in urging passage of this legislation.

Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 3218) to extend the pilot program for volunteer groups to obtain criminal history background checks.

Mr. SCHIFF

Mr. SCHIFF. Mr. Speaker, in the absence of any further speakers, I yield back the balance of my time.

Mr. SCHIFF. Mr. Speaker, the reauthorization of this important program also provides us with an opportunity to investigate some important related issues. From my work on this issue, I've learned that the Federal Government is unable to determine how many hits the Federal Government informs States about are actually followed up on by law enforcement. I think this data is very important for policymakers to have. A few years ago, USA Today engaged in a comprehensive examination of DNA cases. In one case, the DNA of a convicted child molester matched DNA from an attempted sexual assault of a 10-year-old girl. Police did not contact the offender until after he had molested another 10-year- old child 6 months later. In another case, the DNA of a career felon matched DNA left at a rape and abduction from 2001. At the time the offender was serving a prison sentence for assault. The police did not contact him until 8 months later, after he had been released from prison and only after being alerted by the rape victim, who encountered the offender by chance while walking in a local park. These are two examples of situations where there was a match made in the Federal database. States were informed about it, but no action was taken, with tragic consequences. Therefore, I have authored a provision in this bill that would direct the Department of Justice Inspector General to investigate and report on how many CODIS database hits are actually followed up on by law enforcement, how many of those hits are ultimately brought to the attention of a prosecutor and how many go to trial. Importantly, the report will also shed additional light on the factors that play in the event that matches were not followed up on. In particular, we asked the IG to determine the reason why matches were not pursued accordingly, and to determine the resulting impact on the criminal justice system, namely, whether other crimes were committed that could have been prevented if the matches were pursued accordingly.

Mr. SCHIFF. Mr. Speaker, it gives me great pleasure to recognize the gentlewoman from Texas (Ms. Jackson-Lee) for 4 minutes.

Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 5057, the Debbie Smith Reauthorization Act of 2008, authorizes the Attorney General to provide grants to States to assist them in reducing the enormous DNA evidence backlog in the Nation's laboratories. This important legislation will help to solve more crimes. It will help to solve more crimes more quickly, and perhaps most importantly, it will help to ensure that other crimes are prevented altogether. Across our Nation, law enforcement officers and prosecutors have come to recognize the role that DNA evidence can play in solving crimes. As a result, ever-increasing numbers of DNA samples are being collected from crime scenes and offenders. There is no better example that demonstrates the effectiveness of DNA technology in solving crimes than that of Debbie Smith, the bill's namesake. In 1989, Ms. Smith was kidnapped in her Virginia home and viciously attacked by a stranger who threatened her life should she report the attack. Nevertheless, with remarkable courage and determination, she reported the rape, and the crime lab preserved the DNA evidence of her attacker. Eventually, when the perpetrator was required to provide a DNA sample for a separate violent crime he was convicted for, a match was made to the sample collected from his attack on Ms. Smith, identifying him as her attacker. Mr. Speaker, Debbie Smith and her husband, Rob, are here with us today, and I would like to ask them to stand so we can not only acknowledge their presence but thank them for their courage and determination and their work which has served as the driving force behind this legislation. The remarkable law enforcement value of DNA evidence has unfortunately been limited by the enormous backlog of DNA samples still awaiting analysis. This means that crimes remain unsolved, violent offenders remain at large, and innocent individuals may be wrongfully imprisoned. H.R. 5057 would significantly increase the funding levels authorized for this important program and would also provide for important studies to further improve the system. H.R. 5057 also includes a number of other important initiatives that were adopted during the committee process. Beginning in the 1990s, the Nation's crime labs were largely unprepared for the onslaught of requests for DNA services. Samples continue to pour into our Nation's crime labs at a pace faster than they can be processed. In order to address backlog problems, many States have begun outsourcing some of the work to accredited private laboratories. However, the FBI requires the crime labs perform in-house technical reviews of 100 percent of database samples from contract labs. While this requirement is certainly important with regard to forensic casework samples, it is found to be an onerous requirement with regard to the rather simple swabs that are taken from convicted offenders. In fact, these requirements add substantial additional costs and further delay backlog reduction. Indeed, even Debbie Smith grant funds are expended on fulfilling these onerous requirements. The National Institute of Justice has confirmed that ``the burden of these requirements has increased the backlog of convicted offender samples, cost millions of dollars, and forced crime laboratories to remove staff from analyzing rape kits and other forensic samples.'' In order to address this issue, I offered a bipartisan provision with my colleague Representative Dan Lungren that would create a new National DNA Index System Advisory Board to ensure diverse representation of views, including State and local lab directors, officials from the FBI and DOJ, and other relevant stakeholders. The board is directed to develop new standards governing the use of the Federal index that provide for the expedited uploading by State and local forensic labs of convicted offender profiles generated by private labs. These new standards are to be issued within 6 months. In addition, the board is directed to look into the feasibility of other measures that would greatly expedite analysis and uploading, as well as backlog reduction. These include the feasibility and desirability of entering into agreements with private forensic labs to enable direct access to CODIS for the purpose of uploading DNA analyses of samples obtained from persons convicted of crimes; the feasibility and desirability of providing for more limited technical review audits of DNA analyses of samples prior to uploading such data into CODIS; and the feasibility and desirability permitting greater participation in the technical review process of contractor personnel. I also authored another provision in this legislation that aims to increase the crime-solving abilities of our DNA databases. Today, 12 States collect samples from murder and sex crime arrestees, including my home State of California. Four of these States, including California, collect or are preparing to collect samples from all felony arrestees. Virginia was the first State to expand its database to include arrestees, and since then, the State has seen a total of 398 hits to their arrestee database, 74 of which were associated with sexual assault cases. For the first two months of this year alone, six hits to arrestees were made, the first hit coming just after the upload of the first 80 samples into the database. A 2005 Chicago study examined the criminal activities of only eight individuals and found that 60 violent crimes could have been prevented, including 53 murders and rapes, if DNA was required for felony arrests. In one example, Andre Crawford was charged with 11 murders and one attempted murder/aggravated sexual assault. If the State had required him to give a DNA sample during an earlier felony arrest, the subsequent 10 murders and one rape would not have occurred. In another example, Mario Villa was charged with four rapes, linked by DNA to two other rapes, and a main suspect in an additional rape and two attempted rapes. If the State had required him to give a DNA sample during an earlier felony arrest, eight rapes or attempted rapes could have been prevented. A recent Maryland study looked at the criminal histories for three offenders and found that 20 crimes, including rapes, sexual assaults, and murder could have been prevented had their DNA samples been required upon arrest. Mr. Speaker, States who have moved to collect arrestee samples, such as Virginia and California, are greatly increasing the power of the national DNA network, while States with far narrower collection regimes are making the Federal database, which Congress has invested a substantial amount of money in, less sufficient. These States can still avail themselves of the Federal database and take full advantage of the expansive collection regimes of other States. Therefore, a provision of this bill would provide incentives for States to follow the lead of the 12 States that currently collect samples from individuals arrested for or charged with murder and sex crimes. These States who would enact such an enhanced collection process would be eligible for a 10 percent increase in Federal formula law enforcement funds. Since State backlogs are so huge and Federal funds remain limited, States have had to share a significant portion of the burden to fund these activities. However, State funding can fluctuate from year-to- year given the budget process and competing priorities. Some States, such as California, have penalty fee structures in place that provide a more stable and consistent funding stream. Proposition 69 in California provided for a $1 penalty for every $10 or fraction thereof upon every fine, penalty and forfeiture levied on criminal offenses, including traffic expenses, but excluding parking. Over $40 million has been raised in California since its inception, and this has taken some of the burden off the Federal Government and the Debbie Smith grant funds available each year. States should be encouraged to put such structures in place and for their ability to not rely as heavily on Federal resources. Therefore, I authored a provision in this bill that would authorize the Attorney General to provide matching funds to those States that have implemented permanent funding mechanisms that generate funds, whether by fees or penalties, that are allocated by the State only for the purpose of analyzing DNA samples for law enforcement purposes. Finally, this legislation includes a separate grant authorization for upgrading laboratory capability and infrastructure. And it provides supplemental grant incentives for States to fund their own DNA initiatives. We have a comprehensive bill that will give lawmakers the best information for formulating policy, as well as provide law enforcement the most up-to-date tools and technology for solving crimes. I'd like to commend Carolyn Maloney of New York for her leadership in authoring this bill. I also want to thank Chairman Conyers and Ranking Member Smith of Texas, as well as Subcommittee Chairman Bobby Scott and Ranking Member Louie Gohmert for their leadership in making this a fully bipartisan effort. I urge my colleagues to support this legislation. I reserve the balance of my time.

Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5057) to reauthorize the Debbie Smith DNA Backlog Grant Program, as amended.

Mr. SCHIFF. I would be happy to yield an additional minute to the gentlewoman from Texas.

Mr. SCHIFF

Mr. SCHIFF. I yield back the balance of my time.

Mr. SCHIFF. Mr. Speaker, just to conclude on the legislation recognizing the 35th anniversary of the DEA, I recall very well the loss of two DEA agents in the City of San Marino, very close to my district, back when I was with the U.S. Attorney. They were involved in a buy-bust. It was a small amount of drugs, a small amount of money, I think amounting to some $35,000. These two agents, one was killed in a shoot-out with the drug dealers, the other shot at point-blank range execution style when these young drug dealers decided they would rather keep the $35,000 and kill two people for it. This is the kind of risk the DEA agents face every day. We're extraordinarily grateful to have such courageous men and women working within the agency. I urge the passage of the recognition bill.

Mr. SCHIFF. Mr. Speaker, at this time it gives me great pleasure to yield 2 minutes to the gentleman from Maryland (Mr. Ruppersberger).

Mr. SCHIFF. I yield the gentleman an additional 30 seconds.

Mr. SCHIFF. Mr. Speaker, it gives me great pleasure to yield 3 minutes to the gentleman from New Jersey (Mr. Pascrell).

Mr. SCHIFF. I yield myself such time as I may consume. Mr. Speaker, I ask my colleagues to join me in honoring the brave men and women of the Drug Enforcement Administration on the occasion of its 35th anniversary. The DEA's employees include not only the special agents, but intelligence analysts, diversion investigators, program analysts, forensic chemists, attorneys and administrative support staff, together with task force officers and vetted foreign officials. These men and women work tirelessly to hunt down and bring to justice the drug trafficking cartels that profit by poisoning our citizens with dangerous narcotics. The DEA and its dedicated officers have served our Nation with courage, vision and determination, protecting all Americans from the scourge of drug trafficking, drug abuse and related violence. It is fitting that we recognize their accomplishments and express our gratitude for their service. Throughout its 35 years, the DEA has combated the evolving trends of drug trafficking by aggressively targeting both domestic and international organizations involved in the unlawful growing, manufacturing and distribution of such substances as marijuana, cocaine, heroin, methamphetamine, Ecstasy and controlled prescription drugs. These successes are unfortunately not without tragic costs. Over its history, more than 75 DEA employees and task force members have given their lives in the line of duty, with many others wounded. During the time I served with the U.S. Attorney's Office in Los Angeles, I had many, many occasions to work with DEA officers. I saw the professionalism of their work, their determination, their bravery and courage. For some time I worked on the investigation into the capture, murder and torture of Enrique Camarena and, along with my colleagues, worked to investigate and bring to justice some of those that were responsible for the death of that courageous agent. So I have great personal regard for the many employees of the DEA, their proud history and the great work they do. It is a commitment to duty almost too great to ask of anyone, yet these dedicated men and women of the DEA and their families face the risks and endure the hardships to make our Nation safer for all of us. And so, Mr. Speaker, this resolution is a well-deserved tribute to the DEA on the occasion of its 35th anniversary. I urge my colleagues to support it, and I reserve the balance of my time.

Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 369) honoring the men and women of the Drug Enforcement Administration on the occasion of its 35th anniversary.

Mr. SCHIFF

Mr. SCHIFF. I join my colleague from Texas in urging support of this measure, and yield back the balance of my time.

Mr. SCHIFF. I yield myself such time as I may consume. Mr. Speaker, this resolution, introduced by Bob Filner of California, chairman of the Veterans' Affairs Committee, is both appropriate and timely. It expresses the sense of the House of Representatives that American flags flown on Federal Government buildings and on Federal property should be made in the United States. As with many basic products sold in the U.S. today, it can be difficult to find a flag that is made in America. But the American flag is not just any product. It is our national symbol, and especially when it flies over Federal Government property, it ought to be made in America by Americans. I am proud that the Architect of the Capitol flies only American-made flags. When one of our constituents or a community organization receives a flag flown over the Capitol, they can be sure it was made in the U.S.A. When we see the American flag, it should remind us of American workers whose jobs are sometimes now being shipped overseas to countries with lower labor and worker safety protections. The American flag represents the values of our Nation, values that cannot be reconciled with the conditions in many overseas factories. There is a lot we need to do to ensure that America retains the jobs that drive our economy. But as one step, if only a small symbolic step, let us assure the American people that we will not fly imported American flags over Federal property. The flags we fly will be made by American workers in American factories. They will never be made in foreign sweatshops or by children. I urge my colleagues to support this resolution. And I want to commend the gentleman from California for introducing it. I reserve the balance of my time.

Mr. SCHIFF. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the resolution under consideration.