[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Pages S4287-S4288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RECOVERING MISSING CHILDREN ACT
Mr. CASEY. Mr. President, I rise to speak on the Recovering Missing
Children Act. This bill provides law enforcement with an important tool
to help find missing or exploited children.
Each year more than 200,000 children are abducted by their parents or
other close relatives, according to the National Center for Missing &
Exploited Children. In many of these cases, the IRS has information
that could aid law enforcement in locating a child who has been
abducted by a family member.
A study by the Treasury Inspector General for Tax Administration
found that in more than a third of the cases reviewed, the IRS has tax
returns on file which used the Social Security number of a missing
child. Of those, 46 percent had a new address on file, for a 13.4-
percent total. However, the IRS cannot share this protected,
confidential information with law enforcement officials since the Tax
Code prevents the IRS from sharing the information unless specifically
authorized as an exception to nondisclosure.
Senator Enzi and Senator Klobuchar and I have introduced bipartisan
legislation, the Recovering Missing Children Act, to aid in the
recovery of missing children by providing a new tool to help law
enforcement officials locate missing children and their alleged
abductors. The bill amends the Internal Revenue Code to permit the
disclosure of relevant tax information explicitly for the purpose of
aiding criminal investigations into missing or exploited children.
Specifically, the act ensures that select taxpayer information will
only be released to law enforcement officials as part of a legitimate
investigation or a judicial proceeding under the orders of a Federal
judge.
The act amends the law to allow for Federal law enforcement to share
information on a limited basis with State and local law enforcement
that are part of the team directly involved in investigating and
prosecuting such cases. Many investigations into missing and exploited
children are conducted at the State and local level.
The act provides a commonsense fix that maintains an existing balance
between taxpayer privacy and judicious release of information that will
make a meaningful difference to a child's safety. For the families who
are affected, the reality that their child is missing is devastating.
If there is a step we can take to increase the likelihood that the
missing child will be returned home, then we have an obligation to act.
This is such a step.
I proudly have worked with both Senators Klobuchar and Enzi on this
important issue since 2011, and I am glad to have the endorsement of
both the National Center for Missing & Exploited Children and the
National Association of Police Organizations.
If the provisions in this bill can bring one child back to their
rightful families safe and sound, it is worth it. This will assist
those who have been searching and spending sleepless nights worried
about their missing children and do it in a way that doesn't undermine
Americans' privacy.
With that, Mr. President, I ask unanimous consent that the Finance
Committee be discharged from further consideration of H.R. 3209 and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
[[Page S4288]]
The legislative clerk read as follows:
A bill (H.R. 3209) to amend the Internal Revenue Code of
1986 to permit the disclosure of certain tax return
information for the purpose of missing or exploited children
investigations.
There being no objection, the Senate proceeded to consider the bill.
Mr. CASEY. I further ask unanimous consent that the bill be read a
third time and passed, and the motion to reconsider be considered made
and laid upon the table with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The bill (H.R. 3209) was ordered to a third reading, was read the
third time, and passed.
Mr. CASEY. Thank you, Mr. President.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. ENZI. Mr. President, I wish to congratulate all who have worked
on this bill but particularly Senator Casey's leadership and Senator
Klobuchar's leadership on this issue that just passed.
Here is a terrible thought: Every year, thousands of children are
abducted and taken away from their homes. This bill provides new tools
to connect missing and exploited children with their families, while
also respecting important and appropriate safeguards of taxpayer
privacy.
Senators Casey, Klobuchar, and I have worked together on this matter
for several years. We worked with outside groups such as the National
Center for Missing & Exploited Children and the National Association of
Police Organizations, and we are proud that both organizations have
endorsed this legislation.
With new tools and better collaboration between Federal and State
authorities, law enforcement agencies can send a strong signal to those
who are perpetrating this type of crime. I hope this act will help law
enforcement officials solve these cases more quickly for the benefit of
the youth who have been exploited.
I yield the floor to my colleague from Minnesota.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Mr. President, I am proud to join my colleagues
Senator Casey from Pennsylvania and Senator Enzi from Wyoming to speak
in support of our bipartisan legislation, the Recovering Missing
Children Act, something we have been working on for so long.
I remember hearing about this in a Judiciary Committee hearing and
learning about the surprising number of cases that can be solved when
this information from the IRS is shared with law enforcement. It sounds
almost absurd that information is sitting in government files of where
a child who has been abducted is living, but in fact it is. Oftentimes
the abductor claims the child on taxes or has their address on their
taxes and it is as easy as looking at a file. A family can be reunited,
and a child who wasn't supposed to be taken from their home can be
brought back to their home.
As my colleagues have noted, our bill would give law enforcement
officers important tools to solve some of the most heartbreaking cases.
To accomplish this, the bill will offer information sharing by Federal
law enforcement officers on a limited basis. It was something we
discussed at length in the Judiciary Committee, and I know we also
discussed it in the Finance Committee with the State and local law
enforcement officials who are involved in the investigation and
prosecution of a case. Under current law, the IRS is barred from
sharing its taxpayer information with local law enforcement, even
though in many cases the IRS actually has the location of the child.
Imagine a hardworking local police officer out trying to find a kid,
looking everywhere, following up on every lead, and our own government
has the information in their files. This is a narrow exception that
allows this information to be shared.
As a former prosecutor, I know firsthand that returning missing
children to their families is one of the most important tasks law
enforcement officers have, and they need every resource available to do
their job. The faster law enforcement can locate the child, the greater
the likelihood the child can be returned to their family unharmed, and
they can go on to live a normal life.
I do want to mention one person who has been someone I talk to about
missing and exploited children issues, and that is Patty Wetterling
from the State of Minnesota. There was a horrible case in which her son
Jacob was abducted years and years ago and never found. She served as
the chair on the board of the missing and exploited children group. She
has done so much work nationally and locally. While we don't believe
this would have helped in Jacob's case, she did it for all those other
children who are still out there. So this one is for you, Patty. Thank
you.
I yield the floor.
Mr. ENZI. Mr. 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.
Mrs. FISCHER. Mr. 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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