H.R. 6547House111th Congress (2009-2011)Passed House

Protecting Students from Sexual and Violent Predators Act

Introduced December 17, 2010

Legislative Activity

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10 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

December 22, 2010

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HouseIntro Referral

Introduced in House

December 17, 2010

HouseIntro Referral

Referred to the House Committee on Education and Labor.

December 17, 2010

HouseFloor

Mr. Miller, George moved to suspend the rules and pass the bill.

December 21, 2010 • 11:04 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8801-8802)

December 21, 2010 • 11:04 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6547.

December 21, 2010 • 11:04 AM

HouseFloor

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.

December 21, 2010 • 11:11 AM

HouseFloor

Considered as unfinished business. (consideration: CR H8915)

December 21, 2010 • 7:35 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 314 - 20 (Roll no. 663).(text: CR H8801)

December 21, 2010 • 7:43 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 314 - 20 (Roll no. 663). (text: CR H8801)

December 21, 2010 • 7:43 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 21, 2010 • 7:44 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

December 22, 2010

Floor Debate

22 members

What members said about H.R. 6547 on the floor

6 Republicans16 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Dec 21, 2010

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, it is my understanding from prior conversations with the gentleman from Colorado (Mr. Polis) that it would be his idea we…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 21, 2010

Madam Speaker, I thank the gentleman for his leadership, and I want to take this opportunity to express on the floor of the House my appreciation to Chairman Obey for his years of service. We have…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Dec 21, 2010

Madam Speaker, I rise, not to talk about the continuing resolution that is before us, but in praise of the gentleman from Wisconsin (Mr. Obey), the chair of the Appropriations Committee. And this,…

David R. Obey
Rep. David R. ObeyD-WI-7 · Dec 21, 2010

Madam Speaker, pursuant to House Resolution 1782, I call up the bill (H.R. 3082) making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the…

Paul W. Hodes
Rep. Paul W. HodesD-NH-2 · Dec 29, 2010

Madam Speaker, I missed the following votes from Friday, December 17 through Wednesday, December 22, 2010. I would have voted ``yes'' on the following votes: Friday: H.J. Res. 105--Making Further…

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Kevin Brady
Rep. Kevin BradyR-TX-8 · Dec 22, 2010

Madam Speaker, I too support the goal of ensuring that the brave men and women that acted as first responders at the World Trade Center attack are fairly treated and compensated. But I rise today to…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Dec 21, 2010

I thank the gentleman for yielding. I hesitate to speak of course, lest we get off message, but I am going to take that chance in any event. I have had the opportunity of serving for a long period of…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Dec 22, 2010

I yield myself such time as I may consume. Madam Speaker, I appreciate the gentleman's efforts in this regard. I would like to take a few moments and clear up some of the mischaracterizations that…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 22, 2010

I thank the distinguished gentleman, and I rise to support the Senate amendment to H.R. 847, to be able to thank Carolyn Maloney for the enormous work and to also cite those who I saw dying that they…

Jerry Lewis
Rep. Jerry LewisR-CA-41 · Dec 21, 2010

I, too, will be brief. Madam Speaker, Christmas is almost here, and we are no closer to having a budget for this fiscal year--that began in October--we are no closer than we were last Christmas…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Dec 22, 2010

Madam Speaker, pursuant to the order of the House of today, I call up the bill (H.R. 847) to amend the Public Health Service Act to extend and improve protections and services to individuals directly…

George Miller
Rep. George MillerD-CA-7 · Dec 21, 2010

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 6547) to amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees. Madam…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Dec 22, 2010

I thank all of my colleagues, especially the New York delegation and the Speaker and Leader Hoyer. Today, Congress repays a long overdue debt and answers the emergency calls of our ailing 9/11 first…

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Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Dec 22, 2010

All of us from the City of New York and around the Nation are so proud to be a Member of this body. Announcement by the Speaker Pro Tempore Madam Speaker, I rise today, nine years after the tragic…

Jared Polis
Rep. Jared PolisD-CO-2 · Dec 21, 2010

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1782 and ask for its immediate consideration. Madam Speaker, for the purposes of debate only, I yield the customary…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Dec 22, 2010

I rise in strong support, Madam Speaker, of H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 2010. I want to thank the chairman of the Health Subcommittee, Frank Pallone, as well as my…

Tom Cole
Rep. Tom ColeR-OK-4 · Dec 21, 2010

I thank the gentleman for allowing me to have time. Madam Speaker, I must admit I was in my office, signing letters, with the television off--muted--when I noticed a succession of Democratic…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 21, 2010

Madam Speaker, I rise today in strong support of the H.R. 6547, ``Protecting Students from Sexual and Violent Predators Act.'' The Protecting Students from Sexual and Violent Predators Act amends the…

Alan B. Mollohan
Rep. Alan B. MollohanD-WV-1 · Dec 21, 2010

Madam Speaker, I'm pleased to stand up and have the opportunity and honor to say a few words about the distinguished chairman of the Appropriations Committee, my chairman, David Obey. We all operate…

David E. Price
Rep. David E. PriceD-NC-4 · Dec 21, 2010

Madam Speaker, when I realized this tribute was underway, this spontaneous tribute on the floor of the House, I rushed over here because I very much want to add my word of respect and commendation…

Rush Holt
Rep. Rush HoltD-NJ-12 · Dec 22, 2010

Madam Speaker, I rise in support of the Senate amendment to the Zadroga 9/11 Health and Compensation Act of 2010. As a cosponsor of the House bill, I urge passage of this important bill. Today, we…

Norman D. Dicks
Rep. Norman D. DicksD-WA-6 · Dec 21, 2010

First of all, I want to thank David Obey for all the help that he has given me over my entire career. I can remember the first weekend I was going to be on the committee, I called him at home and I…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Dec 22, 2010

Madam Speaker, I was absent for legislative business and missed rollcall vote 663 on December 21, 2010, and rollcall vote 664 on December 22, 2010. Had I been present, I would have voted ``yes'' on…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Dec 22, 2010

I rise in strong support of this bill. This is a fitting way to end the 111th Congress. This is the proudest moment I have had in Congress in 22 years. I believe that our hard work paid off, all of…

Bill Text

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Referred in SenateIssued December 22, 2010

IIB

111th CONGRESS

2d Session

H. R. 6547

IN THE SENATE OF THE UNITED STATES

December 22, 2010

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.

1.

Short title

This Act may be cited at the Protecting Students from Sexual and Violent Predators Act.

2.

Background checks

Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:

9537.

Background checks

(a)

Background checks

Each State that receives funds under this Act shall have in effect policies and procedures that—

(1)

require that criminal background checks be conducted for school employees that include—

(A)

a search of the State criminal registry or repository in the State in which the school employee resides and each State in which such school employee previously resided;

(B)

a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which such school employee previously resided;

(C)

a search of the National Crime Information Center of the Department of Justice;

(D)

a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and

(E)

a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919);

(2)

prohibit the employment of school employees for a position as a school employee if such individual—

(A)

refuses to consent to the criminal background check described in paragraph (1);

(B)

makes a false statement in connection with such criminal background check;

(C)

has been convicted of a felony consisting of—

(i)

homicide;

(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 within the past 5 years; or

(D)

has been convicted of any other crime that is a violent or sexual crime against a minor;

(3)

require that a local educational agency or State educational agency that receives information from a criminal background check conducted under this section that an individual who has applied for employment with such agency as a school employee is a sexual predator report to local law enforcement that such individual has so applied;

(4)

require that the criminal background checks described in paragraph (1) be periodically repeated; and

(5)

provide for a timely process by which a school employee may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check and seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check, but that does not permit the school employee to be employed as a school employee during such process.

(b)

Definitions

In this section:

(1)

School Employee

The term school employee means—

(A)

an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in exposure to students; or

(B)

an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty—

(i)

is to provide such services; and

(ii)

results in exposure to students.

(2)

Sexual Predator

The term sexual predator means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.

.

3.

Conforming amendment

Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following:

Sec. 9537. Background checks.

.

Passed the House of Representatives December 21, 2010.

Lorraine C. Miller,

Clerk.