[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4894 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 4894


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2006

                                Received

               August 4 (legislative day, August 3), 2006

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To provide for certain access to national crime information databases 
   by schools and educational agencies for employment purposes, with 
             respect to individuals who work with children.

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

SECTION 1. ACCESS TO NATIONAL CRIME INFORMATION DATABASES BY SCHOOLS 
              AND EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES.

    (a) In General.--The Attorney General of the United States shall, 
upon request of the chief executive officer of a State, conduct 
fingerprint-based checks of the national crime information databases 
(as defined in section 534(f)(3)(A) of title 28, United States Code, as 
redesignated under subsection (e)), pursuant to a request submitted by 
an entity of the State, or unit of local government, which is 
designated to conduct background checks on individuals employed by, 
under consideration for employment by, or volunteering for, a private 
or public elementary school, private or public secondary school, local 
educational agency, or State educational agency in that State in a 
position in which the individual would work with or around children. 
Where possible, the check shall include a fingerprint-based check of 
State criminal history databases. The Attorney General and the States 
may charge any applicable fees for these checks.
    (b) Protection of Information.--An individual having information 
derived as a result of a check under subsection (a) may release that 
information only to an appropriate officer of a private elementary 
school, private secondary school, local educational agency, or State 
educational agency, or to any person authorized by law to receive that 
information.
    (c) Criminal Penalties.--An individual who knowingly exceeds the 
authority in subsection (a), or knowingly releases information in 
violation of subsection (b), shall be imprisoned not more than 10 years 
or fined under title 18, United States Code, or both.
    (d) Definitions.--In this section, the terms ``elementary school'', 
``local educational agency'', ``secondary school'', and ``State 
educational agency'', have the meanings given to those terms in section 
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801).
    (e) Technical Correction.--Section 534 of title 28, United States 
Code, as amended by section 905(a) of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (Public Law 109-162), 
is further amended by redesignating the second subsection (e) as 
subsection (f).

            Passed the House of Representatives June 13, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.