S. 225 (112th): Access to Information About Missing Children Act of 2012

S 225 RS

To permit the disclosure of certain information for the purpose of missing child investigations.

January 31, 2011

Ms. KLOBUCHAR (for herself, Mr. CORNYN, Mr. LEAHY, Mrs. FEINSTEIN, Mr. SCHUMER, Mr. WHITEHOUSE, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

August 2, 2012

Reported by Mr. LEAHY, with an amendment

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To permit the disclosure of certain information for the purpose of missing child investigations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the ‘Access to Information About Missing Children Act of 2011’. [<-Struck out]

[Struck out->] SEC. 2. DISCLOSURE OF INFORMATION RELATING TO A MISSING OR EXPLOITED CHILD. [<-Struck out]

[Struck out->] (a) In General- Chapter 110 of title 18, United States Code, is amended by adding at the end the following: [<-Struck out]

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‘Sec. 2260B. Disclosure of information relating to a missing or exploited child [<-Struck out]

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‘(a) In General- Notwithstanding any other provision of law and except as provided under subsection (d), pursuant to and upon the grant of an ex parte order by a Federal district court judge or magistrate under subsection (b), any information held by any Federal agency with respect to an individual shall be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, officers or employees of any Federal agency-- [<-Struck out]

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‘(1) who are personally and directly engaged in an investigation, judicial or administrative proceeding, or Federal grand jury proceeding pertaining to the enforcement of a Federal criminal statute relating to the case of a missing or exploited child; or [<-Struck out]

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‘(2) who seek such an order on behalf of a State or local law enforcement agency under subsection (c). [<-Struck out]

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‘(b) Application for Order- A Federal officer seeking an ex parte order under this section shall submit an application to a Federal district court judge or magistrate and upon such application, the judge or magistrate may grant the order if the judge or magistrate determines on the basis of the facts submitted by the Federal officer that-- [<-Struck out]

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‘(1) there is reasonable cause to believe, based upon information believed to be reliable, that an act of kidnapping or exploitation of a minor has been committed; [<-Struck out]

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‘(2) there is reasonable cause to believe that the information sought is or may be relevant to a matter relating to the commission of the act; [<-Struck out]

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‘(3) the information is sought exclusively for use in a criminal investigation or proceeding concerning the act; and [<-Struck out]

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‘(4) the information sought cannot reasonably be obtained, under the circumstances, from another source. [<-Struck out]

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‘(c) Disclosure to State and Local Law Enforcement Agencies- [<-Struck out]

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‘(1) IN GENERAL- Upon a written request which meets the requirements of paragraph (3) by a State or local law enforcement agency investigating the case of a missing or exploited child within the venue of any Federal district court, a Federal officer-- [<-Struck out]

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‘(A) may apply for an ex parte order from such court under subsection (a)(2) with respect to such case; and [<-Struck out]

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‘(B) may disclose the name and mailing address of the individual obtained as a result of such an order to the State or local law enforcement agency making such request for the sole purpose of locating a missing or exploited child. [<-Struck out]

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‘(2) PROHIBITION- A State or local law enforcement agency that receives information under paragraph (1)(B) shall not disclose the information to any other person. [<-Struck out]

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‘(3) WRITTEN REQUEST- A written request meets the requirements of this paragraph if the request sets forth-- [<-Struck out]

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‘(A) such information as is necessary to identify the individual with respect to whom an ex parte order is sought, including the name and last known mailing address of the individual; and [<-Struck out]

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‘(B) the specific reason or reasons why the disclosure of the name and mailing address is relevant to the investigation of a case of a missing or exploited child. [<-Struck out]

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‘(d) Confidential Informants; Impairment of Investigations- The head of the relevant agency shall not disclose any information with respect to an individual under this section if the head of the agency determines and certifies to the court that issued an order under subsection (b) that such a disclosure would identify a confidential informant or seriously impair a civil or criminal investigation.’. [<-Struck out]

[Struck out->] (b) Conforming Amendment- The table of sections for chapter 110 of title 18, United States Code, is amended by adding after the item relating to section 2260A the following: [<-Struck out]

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‘2260B. Disclosure of information relating to a missing or exploited child.’. [<-Struck out]

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Access to Information About Missing Children Act of 2012’.

SEC. 2. DISCLOSURE OF INFORMATION RELATING TO A MISSING OR EXPLOITED CHILD.

(a) In General- Chapter 110 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 2260B. Disclosure of information relating to a missing or exploited child

‘(a) In General-

‘(1) DISCLOSURE- Notwithstanding any other provision of law and except as provided under subsection (c), pursuant to and upon the grant of an ex parte order by a Federal district court judge or magistrate under subsection (b), the mailing address held by the Internal Revenue Service with respect to an individual shall be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, any Federal law enforcement officer--

‘(A) who is personally and directly engaged in an investigation, judicial or administrative proceeding, or Federal grand jury proceeding pertaining to the enforcement of a Federal criminal statute relating to the case of a missing or exploited child; or

‘(B) who seeks such an order on behalf of a State or local law enforcement agency under subsection (e).

‘(2) PROHIBITION- A Federal law enforcement officer who receives information under paragraph (1) shall not willfully disclose the information to any person not personally and directly engaged in the investigation or proceeding to which the information relates. Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.

‘(b) Application for Order- A Federal law enforcement officer seeking an ex parte order under this section shall submit an application to a Federal district court judge or magistrate and upon such application, the judge or magistrate may grant the order if the judge or magistrate determines on the basis of the facts submitted by the Federal law enforcement officer that--

‘(1) there is reasonable cause to believe, based upon information believed to be reliable, that an act of kidnapping or exploitation of a minor has been committed;

‘(2) there is reasonable cause to believe that the information sought is relevant to a matter relating to the commission of the act;

‘(3) the information is sought exclusively for use in a criminal investigation or proceeding concerning the act;

‘(4) the information relates to an individual for whom there is reasonable cause to believe has committed the act, conspired to commit the act, or aided or abetted the act, or for whom there is reasonable cause to believe has direct knowledge of the act; and

‘(5) the information sought cannot reasonably be obtained, under the circumstances, from another source.

‘(c) Rule of Construction- Nothing in this section shall be construed to limit the ability of any Federal agency to disclose the mailing address of an individual as authorized under any other provision of law.

‘(d) Disclosure to State and Local Law Enforcement Agencies-

‘(1) IN GENERAL- Upon a written request by a State or local law enforcement agency investigating the case of a missing or exploited child within the venue of any Federal district court that contains sufficient information to allow a Federal law enforcement officer to submit an application meeting the requirements of subsection (b), a Federal law enforcement officer--

‘(A) may apply for an ex parte order from such court under subsection (a)(1)(B) with respect to such case; and

‘(B) may disclose the mailing address of the individual obtained as a result of such an order to the State or local law enforcement agency making such request for the use exclusively in a criminal investigation or proceeding concerning a missing or exploited child.

‘(2) PROHIBITION- Any individual employed by a State or local law enforcement agency that receives information under paragraph (1)(B) shall not willfully disclose the information to any other person. Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.

‘(e) Confidential Informants; Impairment of Investigations- The Secretary of the Treasury, or the Secretary’s delegate, shall not disclose any information with respect to an individual under this section if the Secretary determines and certifies to the court that issued an order under subsection (b) that such a disclosure would identify a confidential informant or seriously impair a civil or criminal investigation.’.

(b) Conforming Amendment- The table of sections for chapter 110 of title 18, United States Code, is amended by adding after the item relating to section 2260A the following:

‘2260B. Disclosure of information relating to a missing or exploited child.’.

Calendar No. 487

To permit the disclosure of certain information for the purpose of missing child investigations.

August 2, 2012

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