II 

112TH CONGRESS 

1ST 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, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Information 

5 About Missing Children Act of 2011’’. 

6 SEC. 2. DISCLOSURE OF INFORMATION RELATING TO A 

7 MISSING OR EXPLOITED CHILD. 

8 (a) IN GENERAL.—Chapter 110 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


pwalker on DSKD5P82C1PROD with BILLS
2 

•S 225 IS

1 ‘‘§ 2260B. Disclosure of information relating to a 

2 missing or exploited child 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of law and except as provided under subsection (d), 

5 pursuant to and upon the grant of an ex parte order by 

6 a Federal district court judge or magistrate under sub7 section (b), any information held by any Federal agency 

8 with respect to an individual shall be open (but only to 

9 the extent necessary as provided in such order) to inspec10 tion by, or disclosure to, officers or employees of any Fed11 eral agency— 

12 ‘‘(1) who are personally and directly engaged in 

13 an investigation, judicial or administrative pro14 ceeding, or Federal grand jury proceeding pertaining 

15 to the enforcement of a Federal criminal statute re16 lating to the case of a missing or exploited child; or 

17 ‘‘(2) who seek such an order on behalf of a 

18 State or local law enforcement agency under sub19 section (c). 

20 ‘‘(b) APPLICATION FOR ORDER.—A Federal officer 

21 seeking an ex parte order under this section shall submit 

22 an application to a Federal district court judge or mag23 istrate and upon such application, the judge or magistrate 

24 may grant the order if the judge or magistrate determines 

25 on the basis of the facts submitted by the Federal officer 

26 that— 


pwalker on DSKD5P82C1PROD with BILLS
3 

•S 225 IS

1 ‘‘(1) there is reasonable cause to believe, based 

2 upon information believed to be reliable, that an act 

3 of kidnapping or exploitation of a minor has been 

4 committed; 

5 ‘‘(2) there is reasonable cause to believe that 

6 the information sought is or may be relevant to a 

7 matter relating to the commission of the act; 

8 ‘‘(3) the information is sought exclusively for 

9 use in a criminal investigation or proceeding con10 cerning the act; and 

11 ‘‘(4) the information sought cannot reasonably 

12 be obtained, under the circumstances, from another 

13 source. 

14 ‘‘(c) DISCLOSURE TO STATE AND LOCAL LAW EN15 FORCEMENT AGENCIES.— 

16 ‘‘(1) IN GENERAL.—Upon a written request 

17 which meets the requirements of paragraph (3) by a 

18 State or local law enforcement agency investigating 

19 the case of a missing or exploited child within the 

20 venue of any Federal district court, a Federal offi21 cer— 

22 ‘‘(A) may apply for an ex parte order from 

23 such court under subsection (a)(2) with respect 

24 to such case; and 


pwalker on DSKD5P82C1PROD with BILLS
4 

•S 225 IS

1 ‘‘(B) may disclose the name and mailing 

2 address of the individual obtained as a result of 

3 such an order to the State or local law enforce4 ment agency making such request for the sole 

5 purpose of locating a missing or exploited child. 

6 ‘‘(2) PROHIBITION.—A State or local law en7 forcement agency that receives information under 

8 paragraph (1)(B) shall not disclose the information 

9 to any other person. 

10 ‘‘(3) WRITTEN REQUEST.—A written request 

11 meets the requirements of this paragraph if the re12 quest sets forth— 

13 ‘‘(A) such information as is necessary to 

14 identify the individual with respect to whom an 

15 ex parte order is sought, including the name 

16 and last known mailing address of the indi17 vidual; and 

18 ‘‘(B) the specific reason or reasons why 

19 the disclosure of the name and mailing address 

20 is relevant to the investigation of a case of a 

21 missing or exploited child. 

22 ‘‘(d) CONFIDENTIAL INFORMANTS; IMPAIRMENT OF

23 INVESTIGATIONS.—The head of the relevant agency shall 

24 not disclose any information with respect to an individual 

25 under this section if the head of the agency determines 


pwalker on DSKD5P82C1PROD with BILLS
5 

•S 225 IS

1 and certifies to the court that issued an order under sub2 section (b) that such a disclosure would identify a con3 fidential informant or seriously impair a civil or criminal 

4 investigation.’’. 

5 (b) CONFORMING AMENDMENT.—The table of sec6 tions for chapter 110 of title 18, United States Code, is 

7 amended by adding after the item relating to section 

8 2260A the following: 

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

Æ 


pwalker on DSKD5P82C1PROD with BILLS