[Congressional Record (Bound Edition), Volume 158 (2012), Part 12]
[Senate]
[Pages 17181-17182]
[From the U.S. 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,

[[Page 17182]]

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 
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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