I 
109TH CONGRESS 
2D SESSION 
H. R. 4894 
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 
A BILL 
To provide for certain access to national crime information 
databases by schools and educational agencies for em-
ployment purposes, with respect to individuals who work 
with children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 
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national crime information databases (as defined in sec-
tion 534(f)(3)(A) of title 28, United States Code, as redes-
ignated under subsection (e)), pursuant to a request sub-
mitted 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. 
(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 ap-
propriate officer of a private elementary school, private 
secondary school, local educational agency, or State edu-
cational agency, or to any person authorized by law to re-
ceive that information. 
(c) CRIMINAL PENALTIES.—An individual who know-
ingly 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. 
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(d) DEFINITIONS.—In this section, the terms ‘‘ele-
mentary school’’, ‘‘local educational agency’’, ‘‘secondary 
school’’, and ‘‘State educational agency’’, have the mean-
ings given to those terms in section 9101 of the Elemen-
tary 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 (Pub. Law 109–162), is fur-
ther amended by redesignating the second subsection (e) 
as subsection (f). 
Æ 
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