HR.2076 Investigative Assistance for Violent Crimes Act of 2011
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.
- People's Vote
- YES
- Gov Vote
- YES
- Outcome
- YES
Recent Member Votes
My Representatives
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Our Analysis:
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.
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 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.'
Summary:
12/17/2012--Passed Senate amended. Investigative Assistance for Violent Crimes Act of 2012 - Authorizes the Attorney General (AG), at the request of an appropriate law enforcement official of a state or political subdivision, to 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. Defines"mass killings"as three or more killings in a single incident. Authorizes the AG to pay rewards of up to $3 million (currently, $2 million), subject to exceptions, for assistance to the Department of Justice (DOJ). Amends the Homeland Security Act of 2002 to permit the Secretary of Homeland Security (DHS), at the request of an appropriate law enforcement official of a state or political subdivision and through deployment of the Secret Service or U.S. Immigration and Customs Enforcement (ICE), to 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. Requires that any assistance provided under this Act be presumed to be within the scope of federal office or employment.
Actions:
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Scott (VA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.
Mr. Gowdy moved that the House suspend the rules and agree to the Senate amendment.
DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 2076.
Message on Senate action sent to the House.
Measure laid before Senate by unanimous consent.
The committee substitute as amended agreed to by Unanimous Consent.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
Committee on the Judiciary. Date of scheduled consideration. SH-216. 10:00 a.m.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
Considered as unfinished business.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered under suspension of the rules.
DEBATE - The House proceeded with forty minutes of debate on H.R. 2076.
Mr. Gowdy moved to suspend the rules and pass the bill, as amended.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-186.
Committee Consideration and Mark-up Session Held.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the House Committee on the Judiciary.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 358 - 9 (Roll no. 699).
Passed Senate with an amendment by Unanimous Consent.
On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H7560; text as House agreed to Senate amendment: CR 12/31/2012 H7491-7492)
Signed by President.
Became Public Law No: 112-265.
Placed on the Union Calendar, Calendar No. 121.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 236.
Ordered to be Reported by Voice Vote.
Presented to President.
Question:
On Motion to Suspend the Rules and Pass, as Amended: H R 2076 Investigative Assistance for Violent Crimes Act2/3
Result
passed