[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 225 Reported in Senate (RS)]

                                                       Calendar No. 487
112th CONGRESS
  2d Session
                                 S. 225

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            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
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Access to Information About 
Missing Children Act of 2011''.</DELETED>

<DELETED>SEC. 2. DISCLOSURE OF INFORMATION RELATING TO A MISSING OR 
              EXPLOITED CHILD.</DELETED>

<DELETED>    (a) In General.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2260B. Disclosure of information relating to a missing 
              or exploited child</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) who seek such an order on behalf of a State 
        or local law enforcement agency under subsection (c).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) the information is sought exclusively for 
        use in a criminal investigation or proceeding concerning the 
        act; and</DELETED>
        <DELETED>    ``(4) the information sought cannot reasonably be 
        obtained, under the circumstances, from another 
        source.</DELETED>
<DELETED>    ``(c) Disclosure to State and Local Law Enforcement 
Agencies.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) may apply for an ex parte order from 
                such court under subsection (a)(2) with respect to such 
                case; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Written request.--A written request meets 
        the requirements of this paragraph if the request sets forth--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``2260B. Disclosure of information relating to a missing or 
                            exploited child.''.

</DELETED>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

112th CONGRESS

  2d Session

                                 S. 225

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 2, 2012

                       Reported with an amendment