Schools Safely Acquiring Faculty Excellence Act of 2005

Schools Safely Acquiring Faculty Excellence Act of 2005 - Directs the Attorney General, upon request of the chief executive officer of a state, to ensure that appropriate officers of state and local educational agencies have the authority for "read only" online access to the national crime information databases to carry out criminal history records checks. Permits: (1) an officer to use such authority only in furtherance of the purposes of the agency and only for an individual under consideration for employment in a position in which the individual would work with or around children; and (2) an individual having information derived as a result of such a check to release that information only to an appropriate officer of such an agency or to another person authorized by law to receive that information.

Sets criminal penalties for exceeding the authority in, or releasing information in violation of, this Act.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3445 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3445

 To direct the Attorney General of the United States, upon request of 
 the chief executive officer of a State, to provide officers of local 
  educational agencies and the State educational agency in that State 
 with certain access to the national crime information databases, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2005

  Mr. Porter introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the Attorney General of the United States, upon request of 
 the chief executive officer of a State, to provide officers of local 
  educational agencies and the State educational agency in that State 
 with certain access to the national crime information databases, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Schools Safely Acquiring Faculty 
Excellence Act of 2005''.

SEC. 2. 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, ensure that 
appropriate officers of local educational agencies and the State 
educational agency in that State have the authority for ``read only'' 
online access to the databases of the national crime information 
databases (as defined in section 534 of title 28, United States Code) 
to carry out criminal history records checks, subject to subsection 
(b).
    (b) Limitation.--An officer may use the authority under subsection 
(a) only in furtherance of the purposes of the local educational agency 
or State educational agency and only on an individual under 
consideration for employment by the agency in a position in which the 
individual would work with or around children.
    (c) 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 a State educational agency, or to another person authorized 
by law to receive that information.
    (d) Criminal Penalties.--An individual who knowingly exceeds the 
authority in subsection (a), or knowingly releases information in 
violation of subsection (c), shall be imprisoned not more than 10 years 
or fined under title 18, United States Code, or both.
    (e) 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).
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