In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Vessel Interdiction 
Act of 2008''.

                     TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

    Congress finds and declares that operating or embarking in a 
submersible vessel or semi-submersible vessel without nationality and 
on an international voyage is a serious international problem, 
facilitates transnational crime, including drug trafficking, and 
terrorism, and presents a specific threat to the safety of maritime 
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) In General.--Chapter 111 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2285. Operation of submersible vessel or semi-submersible vessel 
              without nationality
    ``(a) Offense.--Whoever knowingly operates, or attempts or 
conspires to operate, by any means, or embarks in any submersible 
vessel or semi-submersible vessel that is without nationality and that 
is navigating or has navigated into, through, or from waters beyond the 
outer limit of the territorial sea of a single country or a lateral 
limit of that country's territorial sea with an adjacent country, with 
the intent to evade detection, shall be fined under this title, 
imprisoned not more than 15 years, or both.
    ``(b) Evidence of Intent To Evade Detection.--For purposes of 
subsection (a), the presence of any of the indicia described in 
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), 
of section 70507(b) of title 46 may be considered, in the totality of 
the circumstances, to be prima facie evidence of intent to evade 
detection.
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section, including an 
attempt or conspiracy to commit such an offense.
    ``(d) Claim of Nationality or Registry.--A claim of nationality or 
registry under this section includes only--
            ``(1) possession on board the vessel and production of 
        documents evidencing the vessel's nationality as provided in 
        article 5 of the 1958 Convention on the High Seas;
            ``(2) flying its nation's ensign or flag; or
            ``(3) a verbal claim of nationality or registry by the 
        master or individual in charge of the vessel.
    ``(e) Affirmative Defenses.--
            ``(1) In general.--It is an affirmative defense to a 
        prosecution for a violation of subsection (a), which the 
        defendant has the burden to prove by a preponderance of the 
        evidence, that the submersible vessel or semi-submersible 
        vessel involved was, at the time of the offense--
                    ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The affirmative defenses 
        provided by this subsection are proved conclusively by the 
        production of--
                    ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                    ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for commerce, research, or 
                exploration.
    ``(f) Federal Activities Excepted.--Nothing in this section applies 
to lawfully authorized activities carried out by or at the direction of 
the United States Government.
    ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 
of title 46 apply to offenses under this section in the same manner as 
they apply to offenses under section 70503 of such title.
    ``(h) Definitions.--In this section, the terms `submersible 
vessel', `semi-submersible vessel', `vessel of the United States', and 
`vessel without nationality' have the meaning given those terms in 
section 70502 of title 46.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 111 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2284 the following:

``2285. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines (including policy statements) or amend existing sentencing 
guidelines (including policy statements) to provide adequate penalties 
for persons convicted of knowingly operating by any means or embarking 
in any submersible vessel or semi-submersible vessel in violation of 
section 2285 of title 18, United States Code.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offense described 
        in section 2285 of title 18, United States Code, and the need 
        for deterrence to prevent such offenses;
            (2) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including--
                    (A) the use of a submersible vessel or semi-
                submersible vessel described in section 2285 of title 
                18, United States Code, to facilitate other felonies;
                    (B) the repeated use of a submersible vessel or 
                semi-submersible vessel described in section 2285 of 
                title 18, United States Code, to facilitate other 
                felonies, including whether such use is part of an 
                ongoing criminal organization or enterprise;
                    (C) whether the use of such a vessel involves a 
                pattern of continued and flagrant violations of section 
                2285 of title 18, United States Code;
                    (D) whether the persons operating or embarking in a 
                submersible vessel or semi-submersible vessel willfully 
                caused, attempted to cause, or permitted the 
                destruction or damage of such vessel or failed to heave 
                to when directed by law enforcement officers; and
                    (E) circumstances for which the sentencing 
                guidelines (and policy statements) provide sentencing 
                enhancements;
            (3) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines and policy statements, 
        and statutory provisions;
            (4) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (5) ensure that the sentencing guidelines and policy 
        statements adequately meet the purposes of sentencing set forth 
        in section 3553(a)(2) of title 18, United States Code.

                      TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL 
              WITHOUT NATIONALITY.

    (a) Finding and Declaration.--Section 70501 of title 46, United 
States Code, is amended--
            (1) by inserting ``(1)'' after ``that''; and
            (2) by striking ``States.'' and inserting ``States and (2) 
        operating or embarking in a submersible vessel or semi-
        submersible vessel without nationality and on an international 
        voyage is a serious international problem, facilitates 
        transnational crime, including drug trafficking, and terrorism, 
        and presents a specific threat to the safety of maritime 
        navigation and the security of the United States.''.

SEC. 202. OPERATION PROHIBITED.

    (a) In General.--Chapter 705 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70508. Operation of submersible vessel or semi-submersible 
              vessel without nationality
    ``(a) In General.--An individual may not operate by any means or 
embark in any submersible vessel or semi-submersible vessel that is 
without nationality and that is navigating or has navigated into, 
through, or from waters beyond the outer limit of the territorial sea 
of a single country or a lateral limit of that country's territorial 
sea with an adjacent country, with the intent to evade detection
    ``(b) Evidence of Intent To Evade Detection.--In any civil 
enforcement proceeding for a violation of subsection (a), the presence 
of any of the indicia described in paragraph (1)(A), (E), (F), or (G), 
or in paragraph (4), (5), or (6), of section 70507(b) may be 
considered, in the totality of the circumstances, to be prima facie 
evidence of intent to evade detection.
    ``(c) Defenses.--
            ``(1) In general.--It is a defense in any civil enforcement 
        proceeding for a violation of subsection (a) that the 
        submersible vessel or semi-submersible vessel involved was, at 
        the time of the violation--
                    ``(A) a vessel of the United States or lawfully 
                registered in a foreign nation as claimed by the master 
                or individual in charge of the vessel when requested to 
                make a claim by an officer of the United States 
                authorized to enforce applicable provisions of United 
                States law;
                    ``(B) classed by and designed in accordance with 
                the rules of a classification society;
                    ``(C) lawfully operated in government-regulated or 
                licensed activity, including commerce, research, or 
                exploration; or
                    ``(D) equipped with and using an operable automatic 
                identification system, vessel monitoring system, or 
                long range identification and tracking system.
            ``(2) Production of documents.--The defenses provided by 
        this subsection are proved conclusively by the production of--
                    ``(A) government documents evidencing the vessel's 
                nationality at the time of the offense, as provided in 
                article 5 of the 1958 Convention on the High Seas;
                    ``(B) a certificate of classification issued by the 
                vessel's classification society upon completion of 
                relevant classification surveys and valid at the time 
                of the offense; or
                    ``(C) government documents evidencing licensure, 
                regulation, or registration for research or 
                exploration.
    ``(d) Civil Penalty.--A person violating this section shall be 
liable to the United States for a civil penalty of not more than 
$1,000,000.''
    (b) Conforming Amendments.--
            (1) The chapter analysis for chapter 705 of title 46, 
        United States Code, is amended by inserting after the item 
        relating to section 70507 the following:

``70508. Operation of submersible vessel or semi-submersible vessel 
                            without nationality.''.
            (2) Section 70504(b) of title 46, United States Code, is 
        amended by inserting ``or 70508'' after ``70503''.
            (3) Section 70505 of title 46, United States Code, is 
        amended by striking ``this title'' and inserting ``this title, 
        or against whom a civil enforcement proceeding is brought under 
        section 70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

    Section 70502 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(f) Semi-Submersible Vessel; Submersible Vessel.--In this 
chapter:
            ``(1) Semi-submersible vessel.--The term `semi-submersible 
        vessel' means any watercraft constructed or adapted to be 
        capable of operating with most of its hull and bulk under the 
        surface of the water, including both manned and unmanned 
        watercraft.
            ``(2) Submersible vessel.--The term `submersible vessel' 
        means a vessel that is capable of operating completely below 
        the surface of the water, including both manned and unmanned 
        watercraft.''.

Answer: Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stronger Tobacco Warning Labels to 
Save Lives Act''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT.

    (a) Amendment.--The Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting 
the following:

``SEC. 4. LABELING.

    ``(a) Label.--
            ``(1) In general.--It shall be unlawful for any person to 
        manufacture, package, or import for sale or distribution within 
        the United States any cigarettes the package of which fails to 
        bear, in accordance with the requirements of this section, a 
        warning label.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall promulgate 
        regulations describing the warning label required by paragraph 
        (1).
            ``(3) Content of label.--The regulations promulgated under 
        paragraph (2) shall ensure that the text of each warning label 
        addresses one of the following:
                    ``(A) Diseases or fatal health conditions caused by 
                cigarette smoking.
                    ``(B) Any physical addiction that results from 
                cigarette smoking.
                    ``(C) The influence that cigarette smoking by 
                adults has on young children and teenagers and the 
                consequences of such use.
                    ``(D) The health hazards of secondhand smoke from 
                cigarettes.
            ``(4) Graphics.--
                    ``(A) In general.--The regulations promulgated 
                under paragraph (2) shall ensure that each warning 
                label contains a color graphic or picture that 
                illustrates or emphasizes to the greatest practicable 
                extent the message of the text of the corresponding 
                warning label.
                    ``(B) Contents.--The graphics described in 
                subparagraph (A) shall enhance the message of the text 
                of the warning label and may include a color picture of 
                one of the following:
                            ``(i) A diseased lung, heart, or mouth.
                            ``(ii) An individual suffering from 
                        addiction.
                            ``(iii) Children watching an adult smoke a 
                        cigarette.
                            ``(iv) An individual adversely affected by 
                        secondhand smoke from a cigarette, including 
                        pregnant women or infants.
    ``(b) Advertising.--It shall be unlawful for any manufacturer or 
importer of cigarettes to advertise or cause to be advertised within 
the United States any cigarette unless the advertising bears, in 
accordance with the requirements of this section, one of the warning 
label statements required by subsection (a).
    ``(c) Requirements for Labeling.--
            ``(1) Location.--Each label statement required by 
        subsection (a) shall be located on the upper portion of the 
        front and back panels of the cigarette package (or carton) and 
        occupy not less than 50 percent of each panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a) shall be printed in at least 17 point type with 
        adjustments as determined appropriate by the Secretary. All the 
        letters in the label shall appear in conspicuous and legible 
        type, in contrast by typography, layout, or color with all 
        other printed material on the package, and be printed in a 
        black-on-white or white-on-black format as determined 
        appropriate by the Secretary.
    ``(d) Requirements for Advertising.--
            ``(1) Location.--Each label statement required by 
        subsection (b) shall occupy not less than 50 percent of the 
        area of the advertisement involved.
            ``(2) Type and color.--
                    ``(A) Type.--Each label statement required by 
                subsection (b) shall be printed in a point type that is 
                not less than the following types:
                            ``(i) With respect to whole page 
                        advertisements on broadsheet newspaper--45 
                        point type.
                            ``(ii) With respect to half page 
                        advertisements on broadsheet newspaper--39 
                        point type.
                            ``(iii) With respect to whole page 
                        advertisements on tabloid newspaper--39 point 
                        type.
                            ``(iv) With respect to half page 
                        advertisements on tabloid newspaper--27 point 
                        type.
                            ``(v) With respect to DPS magazine 
                        advertisements--31.5 point type.
                            ``(vi) With respect to whole page magazine 
                        advertisements--31.5 point type.
                            ``(vii) With respect to 28cm x 3 column 
                        advertisements--22.5 point type.
                            ``(viii) With respect to 20cm x 2 column 
                        advertisements--15 point type.
                The Secretary may revise the required type sizes as the 
                Secretary determines appropriate within the 50 percent 
                requirement.
                    ``(B) Color.--All the letters in the label under 
                this paragraph shall appear in conspicuous and legible 
                type, in contrast by typography, layout, or color with 
                all other printed material and be printed in an 
                alternating black-on-white and white-on-black format as 
                determined appropriate by the Secretary.
    ``(e) Rotation of Label Statements.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        label statements specified in subsections (a) and (b) shall be 
        rotated by each manufacturer or importer of cigarettes 
        quarterly in alternating sequence on packages of each brand of 
        cigarettes manufactured by the manufacturer or importer and in 
        the advertisements for each such brand of cigarettes in 
        accordance with a plan submitted by the manufacturer or 
        importer and approved by the Federal Trade Commission. The 
        Federal Trade Commission shall approve a plan submitted by a 
        manufacturer or importer of cigarettes which will provide the 
        rotation required by this subsection and which assures that all 
        of the labels required by subsections (a) and (b) will be 
        displayed by the manufacturer or importer at the same time.
            ``(2) Application of other rotation requirements.--
                    ``(A) In general.--A manufacturer or importer of 
                cigarettes may apply to the Federal Trade Commission to 
                have the label rotation described in subparagraph (C) 
                apply with respect to a brand style of cigarettes 
                manufactured or imported by such manufacturer or 
                importer if--
                            ``(i) the number of cigarettes of such 
                        brand style sold in the fiscal year by the 
                        manufacturer or importer preceding the 
                        submission of the application is less than \1/
                        4\ of 1 percent of all the cigarettes sold in 
                        the United States in such year; and
                            ``(ii) more than \1/2\ of the cigarettes 
                        manufactured or imported by such manufacturer 
                        or importer for sale in the United States are 
                        packaged into brand styles which meet the 
                        requirements of clause (i).
                If an application is approved by the Commission, the 
                label rotation described in subparagraph (C) shall 
                apply with respect to the applicant during the 1-year 
                period beginning on the date of the application 
                approval.
                    ``(B) Plan.--An applicant under subparagraph (A) 
                shall include in its application a plan under which the 
                label statements specified in subsection (a) will be 
                rotated by the applicant manufacturer or importer in 
                accordance with the label rotation described in 
                subparagraph (C).
                    ``(C) Other rotation requirements.--Under the label 
                rotation which the manufacturer or importer with an 
                approved application may put into effect, each of the 
                labels specified in subsection (a) shall appear on the 
                packages of each brand style of cigarettes with respect 
                to which the application was approved an equal number 
                of times within the 12-month period beginning on the 
                date of the approval by the Commission of the 
                application.
    ``(f) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of cigarettes who does not manufacture, 
package, or import cigarettes for sale or distribution within the 
United States.
    ``(g) Cigars; Pipe Tobacco.--
            ``(1) In general.--The Secretary shall promulgate such 
        regulations as may be necessary to establish warning labels for 
        cigars and pipe tobacco. Such regulations shall require 
        content-specific messages regarding health hazards posed by 
        cigars and pipe tobacco, include graphic illustrations of such 
        content messages, as is required under subsection (a), and be 
        formatted in a clear and unambiguous manner, as is required 
        under subsection (a).
            ``(2) Definitions.--In this subsection:
                    ``(A) Cigar.--The term `cigar' means any roll of 
                tobacco wrapped in leaf tobacco or in any substance 
                containing tobacco (other than any roll of tobacco that 
                is a cigarette or cigarillo).
                    ``(B) Pipe tobacco.--The term `pipe tobacco' means 
                any loose tobacco that, because of the appearance, 
                type, packaging or labeling of such tobacco, is likely 
                to be offered to, or purchased by, consumers as a 
                tobacco to be smoked in a pipe.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.

SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
              EDUCATION ACT OF 1986.

    (a) Amendment.--The Comprehensive Smokeless Tobacco Health 
Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking 
section 3 and inserting the following:

``SEC. 3. SMOKELESS TOBACCO WARNING.

    ``(a) General Rule.--
            ``(1) Label on package.--It shall be unlawful for any 
        person to manufacture, package, or import for sale or 
        distribution within the United States any smokeless tobacco 
        product unless the product package bears, in accordance with 
        the requirements of this section, a warning label.
            ``(2) Label in advertisements.--It shall be unlawful for 
        any manufacturer, packager, or importer of smokeless tobacco 
        products to advertise or cause to be advertised within the 
        United States any smokeless tobacco product unless the 
        advertising bears, in accordance with the requirements of this 
        Act, one of the labels required by paragraph (1).
    ``(b) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall promulgate regulations 
describing the warning labels required under subsection (a).
    ``(c) Content of Label.--The regulations promulgated under 
subsection (b) shall ensure that the text of each warning label 
addresses one of the following:
            ``(1) Diseases resulting from use of smokeless tobacco 
        products.
            ``(2) Any physical addiction that results from using 
        smokeless tobacco products.
            ``(3) The influence that use of smokeless tobacco products 
        by adults has on young children and teenagers and the 
        consequences of such use.
    ``(d) Number of Labels.--The regulations promulgated under 
subsection (b) shall ensure that not less than 2 warning labels are 
created for each subject matter described in paragraphs (1), (2), and 
(3) of subsection (c). Such regulations shall also require that each 
package of smokeless tobacco bear 1 warning label that shall be rotated 
in accordance with subsection (g).
    ``(e) Graphics.--
            ``(1) In general.--The regulations promulgated under 
        subsection (b) shall ensure that each warning label required by 
        subsection (a) contains a color graphic or picture that 
        illustrates or emphasizes to the greatest practicable extent 
        the message of the text of the corresponding warning label.
            ``(2) Contents.--The graphics described in paragraph (1) 
        shall enhance the message of the text of the warning label and 
        may include a color picture of one of the following:
                    ``(A) A diseased mouth or other physical effect of 
                using smokeless tobacco products.
                    ``(B) An individual using a smokeless tobacco 
                product.
                    ``(C) Children watching an adult use a smokeless 
                tobacco product.
    ``(f) Format.--
            ``(1) Location.--Each label statement required by 
        subsection (a)(1) shall be located on the principal display 
        panel of the product and occupy not less than 50 percent of 
        such panel.
            ``(2) Type and color.--Each label statement required by 
        subsection (a)(1) shall be printed in 17 point type with 
        adjustments as determined appropriate by the Secretary to 
        reflect the length of the required statement. All the letters 
        in the label shall appear in conspicuous and legible type in 
        contrast by typography, layout, or color with all other printed 
        material on the package and be printed in an alternating black 
        on white and white on black format as determined appropriate by 
        the Secretary.
    ``(g) Advertising and Rotation.--The provisions of sections (d) and 
(e)(1) of the Federal Cigarette Labeling and Advertising Act (as 
amended by the Stronger Tobacco Warning Labels to Save Lives Act) shall 
apply to advertisements for smokeless tobacco products required under 
subsection (a)(2) and the rotation of the label statements required 
under subsection (a)(1) on such products.
    ``(h) Application of Requirement.--Subsection (a) does not apply to 
a distributor or a retailer of smokeless tobacco products who does not 
manufacture, package, or import such products for sale or distribution 
within the United States.
    ``(i) Television and Radio Advertising.--It shall be unlawful to 
advertise smokeless tobacco or cigars on any medium of electronic 
communications subject to the jurisdiction of the Federal 
Communications Commission.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of enactment of this section.

Answer: Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless the product package bears, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front and back panels of the cigarette package or carton. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Students from Sexual and 
Violent Predators Act''.

SEC. 2. BACKGROUND CHECKS.

    (a) Background Checks.--Not later than 2 years after the date of 
enactment of this Act, each State educational agency, or local 
educational agency in the case of a local educational agency designated 
under State law, that receives funds under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect 
policies and procedures that--
            (1) require that a criminal background check be conducted 
        for each school employee that includes--
                    (A) a search of the State criminal registry or 
                repository of the State in which the school employee 
                resides;
                    (B) a search of State-based child abuse and neglect 
                registries and databases of the State in which the 
                school employee resides;
                    (C) a Federal Bureau of Investigation fingerprint 
                check using the Integrated Automated Fingerprint 
                Identification System; and
                    (D) a search of the National Sex Offender Registry 
                established under section 119 of the Adam Walsh Child 
                Protection and Safety Act of 2006 (42 U.S.C. 16919);
            (2) prohibit the employment of a school employee as a 
        school employee if such employee--
                    (A) refuses to consent to a criminal background 
                check under paragraph (1);
                    (B) makes a false statement in connection with such 
                criminal background check;
                    (C) has been convicted of a felony consisting of--
                            (i) murder;
                            (ii) child abuse or neglect;
                            (iii) a crime against children, including 
                        child pornography;
                            (iv) spousal abuse;
                            (v) a crime involving rape or sexual 
                        assault;
                            (vi) kidnapping;
                            (vii) arson; or
                            (viii) physical assault, battery, or a 
                        drug-related offense, committed on or after the 
                        date that is 5 years before the date of such 
                        employee's criminal background check under 
                        paragraph (1); or
                    (D) has been convicted of any other crime that is a 
                violent or sexual crime against a minor;
            (3) require that each criminal background check conducted 
        under paragraph (1) be periodically repeated or updated in 
        accordance with State law or the policies of local educational 
        agencies served by the State educational agency;
            (4) upon request, provide each school employee who has had 
        a criminal background check under paragraph (1) with a copy of 
        the results of the criminal background check;
            (5) provide for a timely process, by which a school 
        employee may appeal, but which does not permit the employee to 
        be employed as a school employee during such appeal, the 
        results of a criminal background check conducted under 
        paragraph (1) which prohibit the employee from being employed 
        as a school employee under paragraph (2) to--
                    (A) challenge the accuracy or completeness of the 
                information produced by such criminal background check; 
                and
                    (B) establish or reestablish eligibility to be 
                hired or reinstated as a school employee by 
                demonstrating that the information is materially 
                inaccurate or incomplete, and has been corrected;
            (6) ensure that such policies and procedures are published 
        on the website of the State educational agency and the website 
        of each local educational agency served by the State 
        educational agency; and
            (7) allow a local educational agency to share the results 
        of a school employee's criminal background check recently 
        conducted under paragraph (1) with another local educational 
        agency that is considering such school employee for employment 
        as a school employee.
    (b) Fees for Background Checks.--
            (1) Charging of fees.--The Attorney General, attorney 
        general of a State, or other State law enforcement official may 
        charge reasonable fees for conducting a criminal background 
        check under subsection (a)(1), but such fees shall not exceed 
        the actual costs for the processing and administration of the 
        criminal background check.
            (2) Administrative funds.--A local educational agency or 
        State educational agency may use administrative funds received 
        under the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.) to pay any reasonable fees charged for 
        conducting such criminal background check.
    (c) Definitions.--In this Act:
            (1) In general.--The terms ``elementary school'', 
        ``secondary school'', ``local educational agency'', ``State'', 
        and ``State educational agency'' have the meanings given the 
        terms in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (2) School employee.--The term ``school employee'' means--
                    (A) a person who--
                            (i) is an employee of, or is seeking 
                        employment with, a local educational agency, or 
                        State educational agency, that receives Federal 
                        funds under the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6301 et seq.); 
                        and
                            (ii) as a result of such employment, has 
                        (or will have) a job duty that results in 
                        unsupervised access to elementary school or 
                        secondary school students; or
                    (B)(i) any person, or an employee of any person, 
                who has a contract or agreement to provide services 
                with an elementary school, secondary school, local 
                educational agency, or State educational agency, that 
                receives Federal funds under the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                seq.); and
                    (ii) such person or employee, as a result of such 
                contract or agreement, has a job duty that results in 
                unsupervised access to elementary school or secondary 
                school students.

Answer:
Protecting Students from Sexual and Violent Predators Act This bill requires a&nbsp;state or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to:   require, for each school employee, a criminal background check that includes a search of specified registries and repositories;  prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of&nbsp;one of&nbsp;specified crimes;  require background checks to be periodically repeated or updated in accordance with state law or LEA policies;  provide a school employee&nbsp;with a timely process to appeal the results of a background check;  ensure that such policies and procedures are published on state and LEA websites; and  allow an LEA to share the results of a school employee's&nbsp;recent background check with another LEA that is considering that individual for employment.