[Congressional Record Volume 158, Number 162 (Monday, December 17, 2012)]
[Senate]
[Page S8087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INVESTIGATIVE ASSISTANCE FOR VIOLENT CRIMES ACT
Mr. REID. Madam President, I ask unanimous consent that we proceed to
Calendar No. 233, S. 1793.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1793) 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.
There being no objection, the Senate proceeded to consider the bill.
Mr. WHITEHOUSE. Madam President, I rise in support of S. 1793, the
Investigative Assistance for Violent Crimes Act of 2012, which I
introduced.
This commonsense bill clarifies that--upon the request of appropriate
State and local law enforcement officials--select Federal law
enforcement agencies may use their unique capabilities to help
investigate and respond to mass killings and other violent crimes.
The measure will provide important clarity to Federal law enforcement
officers who are called on by State and local counterparts to assist in
response to a mass shooting or other violent crime at a college campus,
shopping mall, office building, or other public place. Currently, the
FBI and select other Federal agencies often provide requested
assistance to State and local law enforcement in these types of cases.
The absence of an explicit authorizing statute, however, has created
concern that agents responding to these violent crimes could be held
liable even though their only goal was to protect the public.
This bill makes sure that the FBI, other law enforcement components
at the Justice Department, Immigration and Customs Enforcement, and the
Secret Service can provide State and local law enforcement officers
with assistance when so requested. In so doing, it will help State and
law enforcement protect victims and solve these terrible crimes.
The bill does not expand the jurisdiction of Federal law enforcement
agencies. Assistance from a Federal agency must be requested by the
State or local authority and agreed to by Federal authorities. And the
bill does not impose new criminal penalties or regulations.
The House passed a companion measure, H.R. 207, last year by a vote
of 358 to 9. The Senate bill was reported out of the Judiciary
Committee last November, and I thank Chairman Leahy for his leadership
in moving this legislation through Committee. Since then, I have worked
with Chairman Leahy, Senator Grassley, Chairman Smith of the House
Judiciary Committee, and Representative Gowdy to improve the bill, and
we have reached an agreement that is reflected in a substitute
amendment.
I urge colleagues on both sides of the aisle to support this measure,
so we can ensure that our dedicated law enforcement officials can
respond to and solve these tragic crimes.
I yield the floor.
Mr. REID. Madam President, I ask unanimous consent that the
Whitehouse substitute amendment at the desk be agreed to; the bill, as
amended, be read a third time and passed; the motions to reconsider be
laid upon the table, with no intervening action or debate; and that any
statements related to this matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3341) was agreed to, as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investigative Assistance for
Violent Crimes Act of 2012''.
SEC. 2. INVESTIGATION OF CERTAIN VIOLENT ACTS, SHOOTINGS, AND
MASS KILLINGS.
(a) Attorney General.--Title 28, United States Code, is
amended--
(1) in section 530C(b)(1)(L)(i), by striking ``$2,000,000''
and inserting ``$3,000,000''; and
(2) in section 530C(b)(1), by adding at the end the
following--
``(M)(i) At the request of an appropriate law enforcement
official of a State or political subdivision, the Attorney
General may assist in the investigation of violent acts and
shootings occurring in a place of public use and in the
investigation of mass killings and attempted mass killings.
Any assistance provided under this subparagraph shall be
presumed to be within the scope of Federal office or
employment.
``(ii) For purposes of this subparagraph--
``(I) the term `mass killings' means 3 or more killings in
a single incident; and
``(II) the term `place of public use' has the meaning given
that term under section 2332f(e)(6) of title 18, United
States Code.''.
(b) Secretary of Homeland Security.--Section 875 of the
Homeland Security Act of 2002 (6 U.S.C. 455) is amended by
adding at the end the following:
``(d) Investigation of Certain Violent Acts, Shootings, and
Mass Killings.--
``(1) In general.--At the request of an appropriate law
enforcement official of a State or political subdivision, the
Secretary, through deployment of the Secret Service or United
States Immigration and Customs Enforcement, may assist in the
investigation of violent acts and shootings occurring in a
place of public use, and in the investigation of mass
killings and attempted mass killings. Any assistance provided
by the Secretary under this subsection shall be presumed to
be within the scope of Federal office or employment.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `mass killings' means 3 or more killings in
a single incident; and
``(B) the term `place of public use' has the meaning given
that term under section 2332f(e)(6) of title 18, United
States Code.''.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the bill.
The bill (S. 1793) was ordered to be engrossed for a third reading,
was read the third time, and passed.
Mr. REID. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________