S.Amdt. 4608

SA 4608. Mr. ALEXANDER (for himself and Mrs. Murray) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

Strike section 578 and insert the following:

SEC. 578. CRIMINAL HISTORY CHECKS FOR COVERED INDIVIDUALS AT
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.

(a) Definitions.--In this section:
(1) The term ``covered individual'' means an individual
involved in the provision of child care services (as defined
in section 231 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13041)) for children under the age of 18 at a covered
school.
(2) The term ``covered school'' means a Department of
Defense domestic dependent elementary or secondary school
established under section 2164 of title 10, United States
Code.
(b) Criminal History Checks.--
(1) In general.--The Secretary of Defense, pursuant to
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), and subtitle E of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13041), shall have the authority
to establish regulations to implement policy, assign
responsibilities, and provide procedures, and shall have in
effect policies and procedures, regarding criminal history
checks.
(2) Policies and procedures for criminal history checks.--
The policies and procedures to implement criminal history
checks required under paragraph (1) may include the
following:
(A) Databases searches of--
(i) the State criminal registry or repository of the State
in which the covered individual resides;
(ii) State-based child abuse and neglect registries and
databases of the State in which the covered individual
resides;
(iii) a Federal Bureau of Investigation fingerprint check
using the Integrated Automated Fingerprint Identification
System; and
(iv) 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).
(B) Providing covered individuals with training and
professional development about how to recognize, respond to,
and prevent child abuse.
(C) The development, implementation, or improvement of
mechanisms to assist covered schools in effectively
recognizing and quickly responding to incidents of child
abuse by covered individuals.
(D) Developing and disseminating information on best
practices and Federal, State, and local resources available
to assist covered schools in preventing and responding to
incidents of child abuse by covered individuals.
(E) Developing professional standards and codes of conduct
for the appropriate behavior of covered individuals.
(F) Establishing, implementing, or improving policies and
procedures for covered schools to provide the results of
criminal history checks to--
(i) covered individuals subject to the criminal history
checks in a statement that indicates whether the individual
is ineligible for certain employment due to the criminal
history check and includes information related to each
disqualifying finding from the criminal history check; and
(ii) a covered school in a statement that indicates whether
a covered individual is eligible or ineligible for certain
employment, without revealing any disqualifying finding from
the criminal history check or other related information
regarding the covered individual.
(G) Establishing, implementing, or improving procedures
that include periodic criminal history checks for covered
individuals, while maintaining an appeals process.
(H) Establishing, implementing, or improving a process by
which a covered individual may appeal the results of a
criminal history check, which process shall be completed in a
timely manner, give each covered individual notice of an
opportunity to appeal, and give each covered individual
instructions on how to complete the appeals process.
(I) Establishing, implementing, or improving a review
process through which a covered school may determine that a
covered individual who was disqualified due to a finding in
the criminal history check is eligible for employment due to
mitigating circumstances, as determined by the covered
school.

[[Page S3727]]

(J) Establishing, implementing, or improving policies and
procedures intended to ensure that a covered school does not
knowingly transfer or facilitate the transfer of a covered
individual if the covered school knows or has probable cause
to believe that the covered individual has engaged in sexual
misconduct, in accordance with section 578A.
(K) Publishing the applicable policies and procedures
described in this subsection on the website of covered
schools.
(L) Providing covered individuals with training regarding
the appropriate reporting of incidents of child abuse under
section 106(b)(2)(B)(i) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i)).
(M) Supporting any other activities determined by a covered
school to protect student safety or improve the
comprehensiveness, coordination, and transparency of policies
and procedures regarding criminal history checks for covered
individuals at the covered school.

SEC. 578A. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.

(a) In General.--The Secretary of Defense shall promulgate
regulations, policies, or procedures that prohibit any
individual who is a school employee, contractor, or agent of
any Department of Defense domestic dependent elementary or
secondary school established pursuant to section 2164 of
title 10, United States Code, from assisting a school
employee, contractor, or agent in obtaining a new job, apart
from the routine transmission of administrative and personnel
files, if the individual or agency knows, or has probable
cause to believe, that such school employee, contractor, or
agent engaged in sexual misconduct regarding a minor or
student in violation of the law.
(b) Exception.--The requirements of subsection (a) shall
not apply if the information giving rise to probable cause--
(1)(A) has been properly reported to a law enforcement
agency with jurisdiction over the alleged misconduct; and
(B) has been properly reported to any other authorities as
required by Federal, State, or local law, including chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), and the regulations
implementing such title under part 106 of title 34, Code of
Federal Regulations, or any succeeding regulations; and
(2)(A) the matter has been officially closed or the
prosecutor or police with jurisdiction over the alleged
misconduct has investigated the allegations and notified
school officials that there is insufficient information to
establish probable cause that the school employee,
contractor, or agent engaged in sexual misconduct regarding a
minor or student in violation of the law;
(B) the school employee, contractor, or agent has been
charged with, and acquitted or otherwise exonerated of the
alleged misconduct; or
(C) the case or investigation remains open and there have
been no charges filed against, or indictment of, the school
employee, contractor, or agent within 4 years of the date on
which the information was reported to a law enforcement
agency.
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