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 Pennsyl-
vania, Mr. SOUDER, Mr. UDALL of Colorado, Mr. WILSON of South Caro-
lina, Mr. MCKEON, Mr. SHAYS, Mr. REICHERT, Mrs. MILLER of Michi-
gan, 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. FRELING-
HUYSEN, Mr. WELLER, Mr. PLATTS, Mr. WOLF, Mr. JINDAL, Mr. BOEH-
LERT, Mr. PEARCE, Mrs. JOHNSON of Connecticut, Mr. MURPHY, Ms. 
ROS-LEHTINEN, Mr. PETRI, Mr. MARCHANT, Mr. CASTLE, Mr. NOR-
WOOD, Mr. EHLERS, Mr. SCHWARZ of Michigan, Mr. ROGERS of Michi-
gan, 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 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 
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 
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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. 
(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-
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ther amended by redesignating the second subsection (e) 
as subsection (f). 
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 section 
534(f)(3)(A) of title 28, United States Code, as redesignated 
under subsection (e)), pursuant to a request submitted by 
an entity of the State, or unit of local government, which 
is designated to conduct background checks on individuals 
employed by, under consideration for employment by, or 
volunteering for, a private or public elementary school, pri-
vate 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 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-
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propriate officer of a private elementary school, private sec-
ondary 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. 
(d) DEFINITIONS.—In this section, the terms ‘‘elemen-
tary school’’, ‘‘local educational agency’’, ‘‘secondary 
school’’, and ‘‘State educational agency’’, have the meanings 
given to those terms in section 9101 of the Elementary 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 Reau-
thorization Act of 2005 (Public Law 109–162), is further 
amended by redesignating the second subsection (e) as sub-
section (f). 
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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 in-
formation databases by schools and educational 
agencies for employment purposes, with respect 
to individuals who work with children. 
JUNE 12, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Aug 31 2005 
02:00 Jun 13, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H4894.RH
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