S.225 - Access to Information About Missing Children Act of 2012112th Congress (2011-2012)
Summary: S.225 — 112th Congress (2011-2012)
Reported to Senate amended (08/02/2012)
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.