I 
108TH CONGRESS 
2D SESSION 
H. R. 3972
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 16, 2004
Mr. FOLEY (for himself, Mr. LAMPSON, Mr. BAKER, Mr. FROST, Mr. 
WEXLER, and Ms. WATSON) introduced the following bill; which was re-
ferred 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Chil-
dren from Violence Act of 2004’’.
SEC. 2. ACCESS TO FEDERAL DATABASES BY STATE SOCIAL 
SERVICES 
OFFICERS 
FOR 
CERTAIN 
PUR-
POSES. 
(a) CRIMINAL HISTORY RECORDS CHECKS.—
(1) IN GENERAL.—The Attorney General shall, 
upon request of the chief executive of a State, en-
sure that a covered State social services officer has 
the authority for online access to the databases of 
the National Crime Information Center of the Fed-
eral Bureau of Investigation and the Interstate Iden-
tification Index for the purpose of carrying out one 
or more criminal history records checks. The author-
ity provided under this subsection is limited to a 
check of an individual who—
(A) resided, whether temporarily or perma-
nently, 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 relat-
ing 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 Gen-
eral 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 relat-
ing to a missing child and shall share any information ob-
tained 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 offi-
cer’s State—
(1) a certification that the individual—
(A) is an officer or employee of that agen-
cy; 
(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 ap-
plicable; and 
(D) has met all Federal standards for ac-
cess, including training, certification, and back-
ground screening; and 
(2) such information supporting such certifi-
cation 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 Fed-
eral Bureau of Investigation’s Criminal Justice In-
formation 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 stand-
ards for access, including training, certification, and back-
ground screening. 
SEC. 4. PRIVACY PROTECTIONS. 
(a) PROTECTION OF INFORMATION.—Information de-
rived 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 na-
tional security purposes.
(b) RELEASE OF INFORMATION.—A covered State so-
cial services officer (under section 2(c)) having informa-
tion derived as a result of a check under section 2, or an 
officer or employee (under section 3(b)) having informa-
tion 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 em-
ployee (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 know-
ingly 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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