[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1223 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1223

  To ensure that appropriate State social services officers have the 
   authority to access certain Federal databases for the purpose of 
 carrying out checks in cases of child abuse and neglect and cases of 
               missing children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

  Mr. Foley (for himself, Mr. Cramer, Mr. McNulty, Mr. Gene Green of 
Texas, and Mr. Kolbe) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To ensure that appropriate State social services officers have the 
   authority to access certain Federal databases for the purpose of 
 carrying out checks in cases of child abuse and neglect and cases of 
               missing children, and for other purposes.

    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 ``Protecting Our Children from 
Violence Act of 2005''.

SEC. 2. ACCESS TO FEDERAL DATABASES BY STATE SOCIAL SERVICES OFFICERS 
              FOR CERTAIN PURPOSES.

    (a) Criminal History Records Checks.--
            (1) In general.--The Attorney General shall, upon request 
        of the chief executive of a State, ensure that a covered State 
        social services officer has the authority for online access to 
        the databases of the National Crime Information Center of the 
        Federal Bureau of Investigation and the Interstate 
        Identification Index for the purpose of carrying out one or 
        more criminal history records checks. The authority provided 
        under this subsection is limited to a check of an individual 
        who--
                    (A) resided, whether temporarily or permanently, 
                with a minor--
                            (i) at the time of an actual or alleged 
                        incident of abuse or neglect of that minor; or
                            (ii) at a time during which an incident of 
                        abuse or neglect of that minor may have 
                        occurred, as determined by the head of a State 
                        agency responsible for social services; or
                    (B) is the subject of an investigation relating to 
                an incident of abuse or neglect of a minor.
            (2) Access agency.--The access referred to in paragraph (1) 
        shall be provided to such officer only through the control 
        terminal agency relating to such officer's State.
    (b) Missing Persons Checks.--The Attorney General shall ensure that 
a covered State social services officer has the authority for ``read 
only'' electronic access to the databases of the National Crime 
Information Center of the Federal Bureau of Investigation for the 
purpose of carrying out one or more checks of records relating to 
missing persons or warrants. A covered State social service officer 
shall use such access only for an investigation relating to a missing 
child and shall share any information obtained through such access with 
appropriate Federal, State, and local law enforcement agencies to 
assist in the recovery of that child.
    (c) Covered Officers.--An individual is a covered State social 
services officer under subsection (a) or (b), as applicable, if the 
head of a State agency responsible for social services submits to the 
Attorney General, through the control terminal agency relating to such 
officer's State--
            (1) a certification that the individual--
                    (A) is an officer or employee of that agency;
                    (B) has direct charge over minors in the child 
                welfare system of that State;
                    (C) is an appropriate individual to have the 
                authority under subsection (a) or (b), as applicable; 
                and
                    (D) has met all Federal standards for access, 
                including training, certification, and background 
                screening; and
            (2) such information supporting such certification as the 
        Attorney General may require.
    (d) Definition.--In this section:
            (1) The term ``control terminal agency'' means a duly 
        authorized criminal justice agency with direct access to the 
        National Crime Information Center telecommunications network 
        providing statewide (or equivalent) service to its criminal 
        justice users with respect to the various systems managed by 
        the Federal Bureau of Investigation's Criminal Justice 
        Information Services Division.
            (2) The term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, and any other territory or 
        possession of the United States.

SEC. 3. ACCESS TO III BY NATIONAL CENTER FOR MISSING AND EXPLOITED 
              CHILDREN.

    (a) In General.--Subject to subsection (b), and notwithstanding any 
other provision of law, the Attorney General shall ensure that the 
following elements of the National Center for Missing and Exploited 
Children each have access to the Interstate Identification Index:
            (1) The Case Analysis Division.
            (2) The Missing Children's Division.
            (3) The Exploited Child Unit.
    (b) Limitation.--In providing access to an element under subsection 
(a), the Attorney General shall ensure that an officer or employee of 
that element has such access only if that officer or employee has met 
all Federal standards for access, including training, certification, 
and background screening.

SEC. 4. PRIVACY PROTECTIONS.

    (a) Protection of Information.--Information derived as a result of 
a check under section 2, or as a result of access under section 3, 
shall not be adjusted, deleted, or altered in any way except as 
required by law for national security purposes.
    (b) Release of Information.--A covered State social services 
officer (under section 2(c)) having information derived as a result of 
a check under section 2, or an officer or employee (under section 3(b)) 
having information derived as a result of access under section 3, may 
release that information only to--
            (1) another covered State social services officer (under 
        section 2(c)) or another such officer or employee (under 
        section 3(b)), as the case may be; or
            (2) another person authorized by law to receive that 
        information.
    (c) Criminal Penalties.--Any person who knowingly releases 
information in violation of subsection (b) shall be imprisoned not more 
than 1 year or fined under title 18, United States Code, or both.
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