IB 

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 


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[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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ACCESS TO NATIONAL CRIME INFORMATION 

4 DATABASES BY SCHOOLS AND EDUCATIONAL 

5 AGENCIES FOR CERTAIN PURPOSES. 

6 (a) IN GENERAL.—The Attorney General of the 

7 United States shall, upon request of the chief executive 

8 officer of a State, conduct fingerprint-based checks of the 

9 national crime information databases (as defined in sec10 tion 534(f)(3)(A) of title 28, United States Code, as redes11 ignated under subsection (e)), pursuant to a request sub12 mitted by a private elementary school, private secondary 

13 school, local educational agency, or State educational 

14 agency in that State, on individuals employed by, under 

15 consideration for employment by, or volunteering for the 

16 school or agency in a position which the individual would 

17 work with or around children. Where possible, the check 

18 shall include a fingerprint-based check of State criminal 


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•HR 4894 RH

1 history databases. The Attorney General and the States 

2 may charge any applicable fees for these checks. 

3 (b) PROTECTION OF INFORMATION.—An individual 

4 having information derived as a result of a check under 

5 subsection (a) may release that information only to an ap6 propriate officer of a private elementary school, private 

7 secondary school, local educational agency, or State edu8 cational agency, or to any person authorized by law to re9 ceive that information. 

10 (c) CRIMINAL PENALTIES.—An individual who know11 ingly exceeds the authority in subsection (a), or knowingly 

12 releases information in violation of subsection (b), shall 

13 be imprisoned not more than 10 years or fined under title 

14 18, United States Code, or both. 

15 (d) DEFINITIONS.—In this section, the terms ‘‘ele16 mentary school’’, ‘‘local educational agency’’, ‘‘secondary 

17 school’’, and ‘‘State educational agency’’, have the mean18 ings given to those terms in section 9101 of the Elemen19 tary and Secondary Education Act of 1965 (20 U.S.C. 

20 7801). 

21 (e) TECHNICAL CORRECTION.—Section 534 of title 

22 28, United States Code, as amended by section 905(a) of 

23 the Violence Against Women and Department of Justice 

24 Reauthorization Act of 2005 (Pub. Law 109–162), is furVerDate Aug 31 2005 02:00 Jun 13, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H4894.RH H4894

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•HR 4894 RH

1 ther amended by redesignating the second subsection (e) 

2 as subsection (f). 

3 SECTION 1. ACCESS TO NATIONAL CRIME INFORMATION 

4 DATABASES BY SCHOOLS AND EDUCATIONAL 

5 AGENCIES FOR CERTAIN PURPOSES. 

6 (a) IN GENERAL.—The Attorney General of the United 

7 States shall, upon request of the chief executive officer of 

8 a State, conduct fingerprint-based checks of the national 

9 crime information databases (as defined in section 

10 534(f)(3)(A) of title 28, United States Code, as redesignated 

11 under subsection (e)), pursuant to a request submitted by 

12 an entity of the State, or unit of local government, which 

13 is designated to conduct background checks on individuals 

14 employed by, under consideration for employment by, or 

15 volunteering for, a private or public elementary school, pri16 vate or public secondary school, local educational agency, 

17 or State educational agency in that State in a position in 

18 which the individual would work with or around children. 

19 Where possible, the check shall include a fingerprint-based 

20 check of State criminal history databases. The Attorney 

21 General and the States may charge any applicable fees for 

22 these checks. 

23 (b) PROTECTION OF INFORMATION.—An individual 

24 having information derived as a result of a check under 

25 subsection (a) may release that information only to an apVerDate Aug 31 2005 02:00 Jun 13, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4894.RH H4894

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1 propriate officer of a private elementary school, private sec2 ondary school, local educational agency, or State edu3 cational agency, or to any person authorized by law to re4 ceive that information. 

5 (c) CRIMINAL PENALTIES.—An individual who know6 ingly exceeds the authority in subsection (a), or knowingly 

7 releases information in violation of subsection (b), shall be 

8 imprisoned not more than 10 years or fined under title 18, 

9 United States Code, or both. 

10 (d) DEFINITIONS.—In this section, the terms ‘‘elemen11 tary school’’, ‘‘local educational agency’’, ‘‘secondary 

12 school’’, and ‘‘State educational agency’’, have the meanings 

13 given to those terms in section 9101 of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 7801). 

15 (e) TECHNICAL CORRECTION.—Section 534 of title 28, 

16 United States Code, as amended by section 905(a) of the 

17 Violence Against Women and Department of Justice Reau18 thorization Act of 2005 (Public Law 109–162), is further 

19 amended by redesignating the second subsection (e) as sub20 section (f). 


hmoore on PROD1PC68 with HMBILLS
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 into individuals who work with children. agencies for employment purposes, with respect formation databases by schools and educational 

JUNE 12, 2006 

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


hmoore on PROD1PC68 with HMBILLS