Access to Information About Missing Children Act of 2012

Bill: 112-s-225
Sponsor: Sen. Klobuchar, Amy [D-MN]
Introduced: 2011-01-31 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Child safety and welfare
Crimes against children
Criminal investigation, prosecution, interrogation

Summary:
action_date: 2011-01-31
text: 
Access to Information About Missing Children Act of 2011 - Amends the federal criminal code to allow, upon ex parte application to a federal judge or magistrate, the disclosure of any information held by any federal agency to federal officers or employees who are personally and directly engaged in an investigation, judicial or administrative proceeding, or federal grand jury proceeding relating to the case of a missing or exploited child. Prohibits the disclosure of information that would identify a confidential informant or seriously impair a civil or criminal investigation.

action_date: 2012-08-02
text: 
Access to Information About Missing Children Act of 2012 - Amends the federal criminal code to require, upon the grant of an ex parte order by a federal judge or magistrate, an individual's mailing address held by the Internal Revenue Service (IRS) to be open to inspection by, or disclosure to, any federal law enforcement officer who is directly engaged in an investigation, judicial or administrative proceeding, or federal grand jury proceeding relating to the case of a missing or exploited child. Prohibits such federal law enforcement officer from willfully disclosing such information to any person not directly engaged in the investigation or proceeding. Makes any such violation a felony.
 
Directs a federal law enforcement officer seeking such an order to submit an application to a federal district court judge or magistrate. Authorizes the judge or magistrate to grant the order upon determining that: (1) there is reasonable cause to believe that an act of kidnapping or exploitation of a minor has been committed and that the information sought is relevant to a matter relating to the act; (2) the information is sought exclusively for use in a criminal investigation or proceeding concerning the act; (3) the information relates to an individual who, there is reasonable cause to believe, has committed, has conspired to commit, has aided or abetted, or has direct knowledge of, the act; and (4) the information sought cannot reasonably be obtained from another source.
 
Authorizes a federal law enforcement officer, upon a state or local law enforcement agency's written request that contains sufficient information to allow such officer to submit an application meeting such requirements, to: (1) apply for such an ex parte order on behalf of such agency; and (2) disclose the individual's mailing address obtained to such agency for use exclusively in a criminal investigation or proceeding concerning a missing or exploited child. Prohibits any individual employed by such agency from willfully disclosing the information to another person. Makes any such violation a felony.
 
Prohibits the Secretary of the Treasury from disclosing any information with respect to an individual if the Secretary certifies to the court that issued an order under this Act that such a disclosure would identify a confidential informant or seriously impair a civil or criminal investigation.


Legislative actions:
action_date: 2012-08-02
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 487.
action_date: 2012-08-02
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2012-08-02
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2012-08-02
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2011-01-31
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2011-01-31
text: Introduced in Senate