(This measure has not been amended since it was reported to the House on June 12, 2006. The summary of that version is repeated here.)
Directs the Attorney General, upon a request of the chief executive officer of a state, to conduct fingerprint-based checks of the national crime information databases on public or private school employees, job applicants, or volunteers for positions involving work with or around children. Restricts the disclosure of information from such checks. Imposes criminal penalties for unauthorized release of such information.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4894 Introduced in House (IH)]
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 employment purposes, with
respect to individuals who work with children.
Be it enacted by the Senate and House of Representatives 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 section 534(f)(3)(A) of title 28, United States Code, as
redesignated under subsection (e)), pursuant to a request submitted 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 appropriate officer of a private elementary
school, private secondary school, local educational agency, or State
educational agency, or to any person authorized by law to receive that
information.
(c) Criminal Penalties.--An individual who knowingly 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 ``elementary 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 Reauthorization Act of 2005 (Pub. Law 109-162),
is further amended by redesignating the second subsection (e) as
subsection (f).
<all>
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Sponsor introductory remarks on measure. (CR H2312)
Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-497.
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-497.
Placed on the Union Calendar, Calendar No. 278.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3805-3808)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 4894.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3816-3817)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 415 - 1 (Roll no. 259).(text: CR H3805)
Roll Call #259 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 415 - 1 (Roll no. 259). (text: CR H3805)
Roll Call #259 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.