Protecting Our Children from Violence Act of 2004 - Directs the Attorney General, upon request of the chief executive of a State, to ensure that a covered State social services officer has the authority for online access to the Federal Bureau of Investigation's National Crime Information Center (NCIC) databases and the Interstate Identification Index to carry out criminal history records checks. Limits such authority to a check of an individual who: (1) resided with a minor at the time of an actual or alleged incident of abuse or neglect of that minor, or at the time during which such an incident may have occurred; or (2) is the subject of an investigation relating to an incident of abuse or neglect of a minor.
Requires the Attorney General to ensure that such an officer has the authority for "read only" electronic access to the NCIC databases for the purpose of carrying out checks of records relating to missing persons or warrants. Directs such officer to use access only for an investigation relating to a missing child and to share any information obtained with appropriate Federal, State, and local law enforcement agencies.
Directs the Attorney General to ensure that the Case Analysis Division, the Missing Children's Division, and the Exploited Child Unit of the National Center for Missing and Exploited Children each have access to the Index, subject to specified limitations.
Limits the release of information. Sets criminal penalties for knowingly releasing information in violation of this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3972 Introduced in House (IH)]
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 referred 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Children from
Violence Act of 2004''.
SEC. 2. ACCESS TO FEDERAL DATABASES BY STATE SOCIAL SERVICES OFFICERS
FOR CERTAIN PURPOSES.
(a) Criminal History Records Checks.--
(1) In general.--The Attorney General shall, upon request
of the chief executive of a State, ensure that a covered State
social services officer has the authority for online access to
the databases of the National Crime Information Center of the
Federal Bureau of Investigation and the Interstate
Identification Index for the purpose of carrying out one or
more criminal history records checks. The authority provided
under this subsection is limited to a check of an individual
who--
(A) resided, whether temporarily or permanently,
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 relating 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 General 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 relating to a missing
child and shall share any information obtained 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
officer's State--
(1) a certification that the individual--
(A) is an officer or employee of that agency;
(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 applicable;
and
(D) has met all Federal standards for access,
including training, certification, and background
screening; and
(2) such information supporting such certification 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 Federal Bureau of Investigation's Criminal Justice
Information 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 standards for access, including training, certification,
and background screening.
SEC. 4. PRIVACY PROTECTIONS.
(a) Protection of Information.--Information derived 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 national security purposes.
(b) Release of Information.--A covered State social services
officer (under section 2(c)) having information derived as a result of
a check under section 2, or an officer or employee (under section 3(b))
having information 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 employee (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 knowingly 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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