[Congressional Record Volume 158, Number 162 (Monday, December 17, 2012)]
[Senate]
[Pages S8086-S8087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING INVESTIGATIONS OF SEX OFFENDERS
Mr. REID. Madam President, I ask unanimous consent that the Senate
proceed to Calendar No. 246, S. 1792.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1792) to clarify the authority of the United
States Marshal Service to assist other Federal, State, and
local law enforcement agencies in the investigation of cases
involving sex offenders and missing children.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Madam President, I am pleased that the Senate is finally
being allowed to take up the Investigative Assistance for Violent
Crimes Act and the Strengthening Investigations of Sex Offenders and
Missing Children Act. These two legislative proposals will enhance
federal law enforcement officers' ability to investigate and solve
crimes. I want to thank Senator Whitehouse for his leadership and
perseverance in working to pass these important clarifications to
existing federal law enforcement authorities.
The Investigative Assistance for Violent Crimes Act of 2011 clarifies
the authority of the FBI and other Federal law enforcement agencies to
assist state and local law enforcement upon request with investigations
of mass killings and other instances of public violence. This important
legislation will help to ensure that State and local law enforcement
agencies receive the assistance they need in times of crisis. I am
disappointed that this Senate bill, which was voted out of the
Judiciary Committee on November 17, 2011, with overwhelming support,
and the companion House bill, which was passed by the House by a vote
of 358 to 9, were held up for more than a year. I hope that there is
still time this session for the House to take action so that the bill
can be sent to the President and he can sign it into law without
further delay.
When tragedy strikes, as with the shootings in Tucson, AZ, in 2011,
in Aurora, CO, in 2012, and this past Friday in Newtown, CT, there
should be no doubt that Federal law enforcement can assist state and
local police officers. The Investigative Assistance for Violent Crimes
Act will ensure that all hands can be on deck when law enforcement
assistance is needed most.
The Strengthening Investigations of Sex Offenders and Missing
Children Act will reconcile an inconsistency in the United States
Marshals Service's statutory authority to improve the ability of U.S.
Marshals to investigate cases involving missing children and certain
sex offenders. The United States Marshals Service is a key partner in
the investigation and prosecution of missing and exploited children,
and we must ensure that there is no question as to the marshals'
authority to assist in these cases.
I regret that there are still Republican Senators holding up passage
of other legislation to provide Federal assistance to state and local
law enforcement that they need. Among the measures being stalled are
the Justice for All Reauthorization Act, the National Blue Alert Act,
Local Courthouse Safety Act, the Bulletproof Vest Partnership Grant
Act, and the Edward Byrne Memorial Justice Award Grant Program
Reauthorization.
At least one Republican Senator has gone so far as to contend that it
is unconstitutional for the Federal Government to provide assistance
and support to State and local law enforcement. I disagree. I believe
such support is essential to State and local law enforcement as they
work hard to protect communities in difficult times when resources from
State and local governments are being squeezed.
I yield the floor.
Mr. WHITEHOUSE. Madam President, I rise today in support of S. 1792,
the Strengthening Investigations of Sex Offenders and Missing Children
Act of 2011. This legislation, which is cosponsored by Senators
Sessions, Feinstein, Schumer, Klobuchar, and Blumenthal, as well as
Chairman Leahy of the Judiciary Committee, would clarify the authority
of the U.S. Marshals to help track down sex offenders and missing
children. It is a simple and common sense of piece of legislation. I
urge my fellow Senators to support it, with the hope that our
colleagues in the House will soon send it to the President's desk to be
signed into law.
As my colleagues know, time is of the essence when children go
missing. Of those children who are abducted and subsequently murdered,
74% are killed within 3 hours of being abducted. The U.S. Marshals
Service has extensive experience with and sophisticated tools for
quickly identifying and tracking down fugitives and missing
individuals. Notably, the U.S. Marshals Service has substantial
resources for finding the fugitive sex offenders who too often are
involved in child abductions.
As a result, state and local law enforcement and the National Center
for Missing and Exploited Children often call on the marshals to assist
in the event that a child goes missing. This bill would make it clear
that, upon request, the U.S. Marshals are allowed to assist in
investigating these cases, even if an arrest warrant has not yet
issued. The bill also clarifies the Marshals Service's authority to
assist other law enforcement agencies, upon request, in investigating
sex offender cases.
I thank Senator Sessions for working with me on this important
legislation, and my fellow Judiciary Committee members Senators
Feinstein, Schumer, Klobuchar, and Blumenthal for supporting the bill.
I also would like to thank Chairman Leahy for cosponsoring the bill and
for his leadership, both generally with respect to all his work to keep
our children safe from predators and specifically for moving this piece
of legislation through Committee.
I am confident that every member of the Senate will understand the
clear and simple principle behind this legislation and the important
threat to our children that it addresses. The bill was reported by a
voice vote of the Judiciary Committee, I am aware of no concerns or
opposition, and I would urge my colleagues to ensure its prompt passage
by the Senate.
I yield the floor.
Mr. REID. Madam President, I ask unanimous consent that the bill be
read a third time and passed, the motion to reconsider be laid upon the
[[Page S8087]]
table, with no intervening action or debate, and that any statements
related to this matter be placed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1792) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 1792
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 ``Strengthening Investigations
of Sex Offenders and Missing Children Act of 2011''.
SEC. 2. CLARIFICATION OF AUTHORITY.
Section 566(e)(1)(B) of title 28, United States Code, is
amended to read as follows:
``(B) as directed by the Attorney General, investigate--
``(i) fugitive matters, both within and outside the United
States; and
``(ii) at the request of another Federal, State, or local
law enforcement agency, cases involving--
``(I) a sex offender (as defined in section 111 of the Sex
Offender Registration and Notification Act (42 U.S.C. 16911))
who violates a sex offender registration requirement; or
``(II) a missing child.''.
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