[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4894 Reported in House (RH)]







                                                 Union Calendar No. 278
109th CONGRESS
  2d Session
                                H. R. 4894

                          [Report No. 109-497]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2006

  Mr. Porter introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             June 12, 2006

    Additional sponsors: Mr. Kirk, Mr. Sessions, Mr. Fitzpatrick of 
 Pennsylvania, Mr. Souder, Mr. Udall of Colorado, Mr. Wilson of South 
Carolina, Mr. McKeon, Mr. Shays, Mr. Reichert, Mrs. Miller of Michigan, 
    Mr. Campbell of California, Mr. Cole of Oklahoma, Mr. Weldon of 
   Pennsylvania, Ms. Ginny Brown-Waite of Florida, Mr. Fossella, Mr. 
 Keller, Mrs. Biggert, Mr. McCaul of Texas, Mr. Kuhl of New York, Mr. 
Price of Georgia, Mr. Davis of Kentucky, Mr. Frelinghuysen, Mr. Weller, 
   Mr. Platts, Mr. Wolf, Mr. Jindal, Mr. Boehlert, Mr. Pearce, Mrs. 
 Johnson of Connecticut, Mr. Murphy, Ms. Ros-Lehtinen, Mr. Petri, Mr. 
Marchant, Mr. Castle, Mr. Norwood, Mr. Ehlers, Mr. Schwarz of Michigan, 
Mr. Rogers of Michigan, Mr. Reynolds, Mr. Bradley of New Hampshire, Mr. 
 Calvert, Mr. English of Pennsylvania, Mrs. Wilson of New Mexico, Mr. 
  Bass, Mr. Putnam, Mr. Poe, Mr. Ferguson, Mr. Shimkus, Mr. Issa, Mr. 
Dent, Mr. Otter, Mr. Bachus, Mr. Tiberi, Mr. Beauprez, and Mr. Boustany

                             June 12, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

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

<DELETED>    (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 
a private elementary school, private secondary school, local 
educational agency, or State educational agency in that State, on 
individuals employed by, under consideration for employment by, or 
volunteering for the school or agency in a position 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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 (Pub. Law 109-
162), is further amended by redesignating the second subsection (e) as 
subsection (f).</DELETED>

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).
                                                 Union Calendar No. 278

109th CONGRESS

  2d Session

                               H. R. 4894

                          [Report No. 109-497]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             June 12, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed