S. 1596Senate113th Congress (2013-2015)In Committee

Protecting Students from Sexual and Violent Predators Act

Introduced October 29, 2013

Legislative Activity

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SenateIntro Referral Latest Action

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

October 29, 2013

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SenateIntro Referral

Introduced in Senate

October 29, 2013

SenateIntro Referral

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

October 29, 2013

Floor Debate

19 members

What members said about S. 1596 on the floor

12 Republicans6 Democrats1 Independent
Jeff Sessions
Sen. Jeff SessionsR-AL · Jul 17, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, three of our greatest `masters of the universe'--as I like to refer to them--have joined in…

Bernard Sanders
Sen. Bernard SandersI-VT · Apr 9, 2014

I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I hear more and more from people in my own State of Vermont and from people, in fact, all over the country…

Kelly Ayotte
Sen. Kelly AyotteR-NH · Jul 17, 2014

Madam President, I certainly wish to thank my colleague from New Hampshire, Senator Shaheen. As she has stated, New Hampshire doesn't have a sales tax. There is absolutely nothing fair about the…

Harry Reid
Sen. Harry ReidD-NV · Apr 10, 2014

Madam President, I move to instruct the Sergeant at Arms to request the presence of absent Senators, and I ask for the yeas and nays. We are here this afternoon because Republicans are holding the…

Marco Rubio
Sen. Marco RubioR-FL · Jul 17, 2014

Mr. President, I ask unanimous consent to speak as if in morning business. Mr. President, I wish to continue on this topic. In the last few hours, we have now had word of the potential for ground…

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Patrick J. Toomey
Sen. Patrick J. ToomeyR-PA · Apr 9, 2014

Mr. President, I rise to speak on S. 1596, the Protecting Students from Sexual and Violent Predators Act. Before I do that, though, I want to say a few words about a terrible event that occurred this…

Tim Kaine
Sen. Tim KaineD-VA · Apr 10, 2014

Madam President, I rise today to speak on behalf of S. 1074, the Thomasina Jordan Indian Tribes of Virginia Federal Recognition Act of 2013. This is a bill granting Federal recognition to six Indian…

John Cornyn
Sen. John CornynR-TX · Apr 10, 2014

Mr. President, I start by making an obvious point that every Member of the Senate is dedicated to helping law enforcement officials get dangerous criminals off the street and deliver justice to…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Apr 9, 2014

Mr. President, I ask unanimous consent that the quorum call be rescinded. What is now the pending business on the floor? I believe the number of that bill refers to the paycheck fairness bill; is…

Jeff Sessions
Sen. Jeff SessionsR-AL · Apr 10, 2014

I would ask unanimous consent that the order for the quorum call be rescinded. I wish to share with my colleagues some recent developments that I believe are important on the immigration front. My…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 10, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I rise today to take a look back at the evolution of our Federal budget over the past few…

Roy Blunt
Sen. Roy BluntR-MO · Apr 9, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I wish to speak a little bit about the letters I have received and the emails and the calls…

Patrick J. Toomey
Sen. Patrick J. ToomeyR-PA · Apr 10, 2014

Madam President, I thank my colleague from West Virginia, Senator Manchin, for his terrific efforts on this legislation. I also want to thank our other cosponsors, Senators McConnell and Inhofe, for…

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John Barrasso
Sen. John BarrassoR-WY · Apr 9, 2014

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this week President Obama has been holding what appear to be made-for-TV events to talk about…

Patrick J. Toomey
Sen. Patrick J. ToomeyR-PA · Jul 17, 2014

Mr. President, I rise today to speak on a bill I have introduced. It is S. 1596. It is the Protecting Students from Sexual and Violent Predators Act. I wish to thank my cosponsors on this…

John Barrasso
Sen. John BarrassoR-WY · Apr 10, 2014

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent to be allowed to speak as in morning business. Madam President, I…

Christopher A. Coons
Sen. Christopher A. CoonsD-DE · Apr 10, 2014

Mr. President, I would like to start this afternoon by thanking Chairman Murray for her tireless work on the Budget Committee--on which I serve--to develop and pass a bipartisan budget, a budget that…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Apr 10, 2014

Madam President, I support the Senator from Iowa and his request that this bill go to the Health, Education, Labor and Pensions Committee. In the Republican Conference, we talk a lot about the…

John McCain
Sen. John McCainR-AZ · Apr 10, 2014

I ask unanimous consent to speak as in morning business. Today we commemorate the 20th anniversary of the Rwandan genocide. This week, again and again, I will rise to remind my colleagues and fellow…

Daniel Coats
Sen. Daniel CoatsR-IN · Apr 9, 2014

Madam President, this is not easy for me to do, but I am going to do it in good grace here. I congratulate my colleague from Connecticut on The University of Connecticut's victory over the University…

Christopher Murphy
Sen. Christopher MurphyD-CT · Apr 10, 2014

I ask unanimous consent that the order for the quorum call be rescinded. Thank you, Madam President. Health Care There was a new announcement today from the Secretary of Health and Human Services…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Apr 9, 2014

Madam President, I come to the floor about an hour or so after a vote on a motion to proceed to take up the Paycheck Fairness Act. I struggled with my decision as to whether to move to this measure…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Apr 9, 2014

Madam President, 5 years ago, the Lilly Ledbetter Fair Pay Act was signed into law by President Obama. That bill--necessary because of a divided decision by the Supreme Court to strike a blow to the…

Bernard Sanders
Sen. Bernard SandersI-VT · Jul 17, 2014

I thank Senator Leahy for yielding. Mr. President, every now and then there are figures who come along who play a profound and transformative role in the period in which they are living. Phil Hoff is…

Bill Text

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Introduced in SenateIssued October 29, 2013

II

113th CONGRESS

1st Session

S. 1596

IN THE SENATE OF THE UNITED STATES

October 29, 2013

Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To require State educational agencies that receive funding under the Elementary and Secondary Education Act of 1965 to have in effect policies and procedures on background checks for school employees.

1.

Short title

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

2.

Background checks

(a)

Background checks

Not later than 2 years after the date of enactment of this Act, each State educational agency 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 19 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)

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 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)

Transfer prohibition

A local educational agency or State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) may not knowingly transfer or facilitate the transfer of any school employee if the agency knows, or has substantive reason to believe, that such employee engaged in sexual misconduct with an elementary school or secondary school student.

(c)

Fees for background checks

(1)

Charging of fees

The Attorney General, State Attorney General, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1).

(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.

(d)

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 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

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, 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)

any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school or secondary school, local educational agency, or State educational agency, and 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.