[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.

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