[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Page S4981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5577. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle F of title V, add the following:

     SEC. 575. BACKGROUND CHECKS FOR EMPLOYEES OF DEPARTMENT OF 
                   DEFENSE DEPENDENT SCHOOLS.

       (a) Background Checks.--Not later than 2 years after the 
     date of the enactment of this Act, each covered local 
     educational agency and each Department of Defense domestic 
     dependent elementary and secondary school established 
     pursuant to section 2164 of title 10, United States Code, 
     shall have in effect policies and procedures that--
       (1) require that a criminal background check be conducted 
     for each school employee of the agency or school, 
     respectively, that includes--
       (A) a search of the State criminal registry or repository 
     of the State in which the school employee resides;
       (B) a search of State-based child abuse and neglect 
     registries and databases of the State in which the school 
     employee resides;
       (C) a Federal Bureau of Investigation fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System; and
       (D) a search of the National Sex Offender Registry 
     established under section 119 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20921);
       (2) prohibit the employment of a school employee as a 
     school employee at the agency or school, respectively, if 
     such employee--
       (A) refuses to consent to a criminal background check under 
     paragraph (1);
       (B) makes a false statement in connection with such 
     criminal background check;
       (C) has been convicted of a felony consisting of--
       (i) murder;
       (ii) child abuse or neglect;
       (iii) a crime against children, including child 
     pornography;
       (iv) spousal abuse;
       (v) a crime involving rape or sexual assault;
       (vi) kidnapping;
       (vii) arson; or
       (viii) physical assault, battery, or a drug-related 
     offense, committed on or after the date that is 5 years 
     before the date of such employee's criminal background check 
     under paragraph (1); or
       (D) has been convicted of any other crime that is a violent 
     or sexual crime against a minor;
       (3) require that each criminal background check conducted 
     under paragraph (1) be periodically repeated or updated in 
     accordance with policies established by the covered local 
     educational agency or the Department of Defense (in the case 
     of a Department of Defense domestic dependent elementary and 
     secondary school established pursuant to section 2164 of 
     title 10, United States Code);
       (4) upon request, provide each school employee who has had 
     a criminal background check under paragraph (1) with a copy 
     of the results of the criminal background check;
       (5) provide for a timely process, by which a school 
     employee of the school or agency may appeal, but which does 
     not permit the employee to be employed as a school employee 
     during such appeal, the results of a criminal background 
     check conducted under paragraph (1) which prohibit the 
     employee from being employed as a school employee under 
     paragraph (2) to--
       (A) challenge the accuracy or completeness of the 
     information produced by such criminal background check; and
       (B) establish or reestablish eligibility to be hired or 
     reinstated as a school employee by demonstrating that the 
     information is materially inaccurate or incomplete, and has 
     been corrected; and
       (6) allow the covered local educational agency or school, 
     as the case may be, to share the results of a school 
     employee's criminal background check recently conducted under 
     paragraph (1) with another local educational agency that is 
     considering such school employee for employment as a school 
     employee.
       (b) Fees for Background Checks.--The Attorney General, 
     attorney general of a State, or other State law enforcement 
     official may charge reasonable fees for conducting a criminal 
     background check under subsection (a)(1), but such fees shall 
     not exceed the actual costs for the processing and 
     administration of the criminal background check.
       (c) Definitions.--In this section:
       (1) Covered local educational agency.--The term ``covered 
     local educational agency'' means a local educational agency 
     that receives funds under subsection (b) or (d) of section 
     7003, or section 7007, of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7703, 7707).
       (2) School employee.--The term ``school employee'' means--
       (A) a person who--
       (i) is an employee of, or is seeking employment with--

       (I) a covered local educational agency; or
       (II) a Department of Defense domestic dependent elementary 
     and secondary school established pursuant to section 2164 of 
     title 10, United States Code, such elementary and secondary 
     school; and

       (ii) as a result of such employment, has (or will have) a 
     job duty that results in unsupervised access to elementary 
     school or secondary school students; or
       (B)(i) any person, or an employee of any person, who has a 
     contract or agreement to provide services to a covered local 
     educational agency or a Department of Defense domestic 
     dependent elementary and secondary school established 
     pursuant to section 2164 of title 10, United States Code; and
       (ii) such person or employee, as a result of such contract 
     or agreement, has a job duty that results in unsupervised 
     access to elementary school or secondary school students.
                                 ______