Protecting Our Servicemembers' Children from Sexual and Violent Predators Act

Summary: Protecting Our Servicemembers' Children from Sexual and Violent Predators Act This bill requires each Department of Defense domestic dependent elementary and secondary school and each&nbsp;local educational agency (LEA) that receives, under the Elementary and Secondary Education Act of 1965,&nbsp;specified funds for children with a parent on active duty in the uniformed services to:   require, for each employee of the LEA or school, a criminal background check that includes a search of specified registries and repositories;  prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of&nbsp;one of&nbsp;specified crimes;  require background checks to be periodically repeated or updated in accordance with established policies;  provide an employee&nbsp;with a timely process to appeal the results of a background check; and allow the LEA or school to share the results of a school employee's&nbsp;recent background check with another LEA that is considering that individual for employment.   

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Servicemembers' 
Children from Sexual and Violent Predators Act''.

SEC. 2. BACKGROUND CHECKS.

    (a) Background Checks.--Not later than 2 years after the date of 
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 (42 U.S.C. 16919);
            (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 Act:
            (1) Covered local educational agency.--The term ``covered 
        local educational agency'' means a local educational agency 
        that receives funds--
                    (A) under subsection (b) or (d) of section 8003, or 
                section 8007, of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7703, 7707), as such sections 
                are in effect before the effective date for title VII 
                of the Every Student Succeeds Act (Public Law 114-95); 
                or
                    (B) 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), beginning on the 
                effective date of such title VII.
            (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.