IIB 

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. 

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


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1 SECTION 1. ACCESS TO NATIONAL CRIME INFORMATION 

2 DATABASES BY SCHOOLS AND EDUCATIONAL 

3 AGENCIES FOR CERTAIN PURPOSES. 

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

5 United States shall, upon request of the chief executive 

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

7 national crime information databases (as defined in sec8 tion 534(f)(3)(A) of title 28, United States Code, as redes9 ignated under subsection (e)), pursuant to a request sub10 mitted by an entity of the State, or unit of local govern11 ment, which is designated to conduct background checks 

12 on individuals employed by, under consideration for em13 ployment by, or volunteering for, a private or public ele14 mentary school, private or public secondary school, local 

15 educational agency, or State educational agency in that 

16 State in a position in which the individual would work with 

17 or around children. Where possible, the check shall include 

18 a fingerprint-based check of State criminal history data19 bases. The Attorney General and the States may charge 

20 any applicable fees for these checks. 

21 (b) PROTECTION OF INFORMATION.—An individual 

22 having information derived as a result of a check under 

23 subsection (a) may release that information only to an ap24 propriate officer of a private elementary school, private 

25 secondary school, local educational agency, or State eduVerDate Aug 31 2005 23:11 Aug 07, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4894.RFS H4894

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1 cational agency, or to any person authorized by law to re2 ceive that information. 

3 (c) CRIMINAL PENALTIES.—An individual who know4 ingly exceeds the authority in subsection (a), or knowingly 

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

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

7 18, United States Code, or both. 

8 (d) DEFINITIONS.—In this section, the terms ‘‘ele9 mentary school’’, ‘‘local educational agency’’, ‘‘secondary 

10 school’’, and ‘‘State educational agency’’, have the mean11 ings given to those terms in section 9101 of the Elemen12 tary and Secondary Education Act of 1965 (20 U.S.C. 

13 7801). 

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

15 28, United States Code, as amended by section 905(a) of 

16 the Violence Against Women and Department of Justice 

17 Reauthorization Act of 2005 (Public Law 109–162), is 

18 further amended by redesignating the second subsection 

19 (e) as subsection (f). 

Passed the House of Representatives June 13, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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