[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4042 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4042

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2010

 Ms. Klobuchar (for herself, Mr. Cornyn, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Information About Missing 
Children Act of 2010''.

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.--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--
            ``(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
            ``(2) who seek such an order on behalf of a State or local 
        law enforcement agency under subsection (c).
    ``(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--
            ``(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 or may be 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; and
            ``(4) the information sought cannot reasonably be obtained, 
        under the circumstances, from another source.
    ``(c) Disclosure to State and Local Law Enforcement Agencies.--
            ``(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--
                    ``(A) may apply for an ex parte order from such 
                court under subsection (a)(2) with respect to such 
                case; and
                    ``(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.
            ``(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.
            ``(3) Written request.--A written request meets the 
        requirements of this paragraph if the request sets forth--
                    ``(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
                    ``(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.
    ``(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.''.
    (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.''.
                                 <all>