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 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, 
VerDate Aug 31 2005 
23:11 Aug 07, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4894.RFS
H4894
jlentini on PROD1PC65 with BILLS
HR 4894 RFS 
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 
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 an entity of the State, or unit of local govern-
ment, which is designated to conduct background checks 
on individuals employed by, under consideration for em-
ployment by, or volunteering for, a private or public ele-
mentary school, private or public secondary school, local 
educational agency, or State educational agency in that 
State in a position in which the individual would work with 
or around children. Where possible, the check shall include 
a fingerprint-based check of State criminal history data-
bases. 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-
VerDate Aug 31 2005 
23:11 Aug 07, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4894.RFS
H4894
jlentini on PROD1PC65 with BILLS
HR 4894 RFS 
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. 
(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 (Public Law 109–162), is 
further amended by redesignating the second subsection 
(e) as subsection (f). 
Passed the House of Representatives June 13, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Aug 31 2005 
23:11 Aug 07, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4894.RFS
H4894
jlentini on PROD1PC65 with BILLS