An amendment numbered 3 printed in the Congressional Record. to allow school districts, through the state executive officer, to access finger-print based criminal history records for prospective employees who will come into close contact with students. Additionally, whenever possible, the amendment allows for access to any applicable state criminal records.
What it does: Adds SEC. 304. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES at the end of title IIIDescription
Amendment allows State and local education agencies access to Federal crime information databases in order that fingerprint-based checks on prospective employees may be conducted.
What it changes
1 change to H.R. 3132
We couldn't match these changes to the text of H.R. 3132, so they're shown as written.
Adds SEC. 304. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES at the end of title III
Adds a sectionInserted: SEC. 304. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES.
Inserted: (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(e)(3)(A) of title 28, United States Code), pursuant to a request submitted by a local educational agency or State educational agency in that State, on individuals under consideration for employment by the agency 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.
Inserted: (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 local educational agency or State educational agency, or to another person authorized by law to receive that information.
Inserted: (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.
Inserted: (d) Definition.--In this section, the terms "local educational agency" 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).
Original wording
At the end of title III of the bill, insert the following (and make such conforming changes to the table of contents as may be necessary):
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
At the end of title III of the bill, insert the following (and make such conforming changes to the table of contents as may be necessary):
SEC. 304. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY 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(e)(3)(A) of title 28, United States Code), pursuant to a request submitted by a local educational agency or State educational agency in that State, on individuals under consideration for employment by the agency 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 appropriate officer of a local educational agency or State educational agency, or to another 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) Definition.--In this section, the terms “local educational agency” 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).
Legislative Activity
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House amendment offered
September 14, 2005
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House amendment offered
September 14, 2005
Amendment agreed to Committee of the Whole
September 14, 2005 • 1:28 PM
House amendment agreed to: On agreeing to the Porter amendment (A011) Agreed to by voice vote.
September 14, 2005 • 1:28 PM
House amendment offered/reported by : Amendment (A011) offered by Mr. Porter.(consideration: CR H7905; text: CR H7905)
September 14, 2005 • 1:27 PM
Amendment (A011) offered by Mr. Porter. (consideration: CR H7905; text: CR H7905)
September 14, 2005 • 1:27 PM
On agreeing to the Porter amendment (A011) Agreed to by voice vote.
September 14, 2005 • 1:28 PM