I 
108TH CONGRESS 
1ST SESSION H. R. 2649
To prohibit the Secretary of Education from making any funds available 
to a State under any program administered by the Department of Edu-
cation unless the Secretary determines that the State has in place a 
criminal information sharing system. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. PORTER (for himself, Mr. CARTER, and Mr. COLE) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To prohibit the Secretary of Education from making any 
funds available to a State under any program adminis-
tered by the Department of Education unless the Sec-
retary determines that the State has in place a criminal 
information sharing system.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Schools Safely Acquir-
ing Faculty Excellence Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows:
(1) It is necessary to be sure that individuals 
who interact closely with children in the Nation’s 
schools do not have a criminal history in any State 
or pose any threat to any child. 
(2) To meet the needs of growing communities, 
many school districts rely on recruitment of teachers 
from other States. 
(3) To ensure the safety of students, many 
school districts require prospective personnel who 
will work with students to be fingerprinted for back-
ground checks through the Federal Bureau of Inves-
tigations. 
(4) Unfortunately, not all States submit their 
criminal records to the Federal Bureau of Investiga-
tions for non-criminal justice purposes. 
(5) The National Crime Prevention and Privacy 
Compact, enacted in 1998, governs the use of the 
Interstate Identification Index System for non-crimi-
nal justice purposes. 
(6) As of 2003, only 16 States have ratified the 
National Crime Prevention and Privacy Compact.
SEC. 3. PROHIBITION AGAINST FEDERAL EDUCATIONAL 
FUNDING FOR STATES WITHOUT A CRIMINAL 
INFORMATION SHARING SYSTEM. 
(a) PROHIBITION.—Beginning on the date described 
in subsection (b)(1), the Secretary of Education (in this 
section referred to as the ‘‘Secretary’’) shall not make any 
funds available to a State under any program adminis-
tered by the Department of Education unless the Sec-
retary determines under subsection (b) that the State has 
in place a criminal information sharing system. 
(b) CRIMINAL INFORMATION SHARING SYSTEM.—
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary, 
in consultation with the Attorney General, shall de-
termine whether each State has in place a criminal 
information sharing system under which the State 
shares with the Federal Government information 
(including for non-criminal justice purposes) on each 
arrest, charge, or conviction (including any no con-
test plea) in such State for any offense described in 
paragraph (2), including—
(A) the identity of each individual so ar-
rested, charged, or convicted; and 
(B) the identity of each individual under 
suspicion for such an offense.
(2) OFFENSES.—An offense described in this 
paragraph is any offense that—
(A) is a felony or involves violence, a con-
trolled substance, child abuse, statutory rape, 
rape, molestation, or sexual abuse; and 
(B) occurs on or after the date that is 15 
years before the date of the enactment of this 
Act. 
(3) REVISION.—The Secretary, in consultation 
with the Attorney General, may revise a determina-
tion made under paragraph (1) as the Secretary de-
termines appropriate. 
(4) STATE DEFINED.—For purposes of this sec-
tion, the term ‘‘State’’ includes the several States, 
the District of Columbia, the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, American Samoa, Guam, the 
United States Virgin Islands, and any other terri-
tory or possession of the United States. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.
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