34 U.S.C. § 20962 | Schools SAFE Act

(a)

Short title

This section may be cited as the “Schools Safely Acquiring Faculty Excellence Act of 2006”.

(b)

In general

section 534(f)(3)(A) of title 28The 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 ) pursuant to a request submitted by—

(1)

a child welfare agency for the purpose of—

(A)

42 U.S.C. 671(a)(20) conducting a background check required under section 471(a)(20) of the Social Security Act [] on individuals under consideration as prospective foster or adoptive parents; or

(B)

an investigation relating to an incident of abuse or neglect of a minor; or

(2)

a private or public elementary school, a private or public secondary school, a local educational agency, or State educational agency in that State, on individuals employed by, under consideration for employment by, or otherwise in a position in which the individual would work with or around children in the school or agency.

(c)

Fingerprint-based check

Where possible, the check shall include a fingerprint-based check of State criminal history databases.

(d)

Fees

The Attorney General and the States may charge any applicable fees for the checks.

(e)

Protection of information

An individual having information derived as a result of a check under subsection (b) may release that information only to appropriate officers of child welfare agencies, public or private elementary or secondary schools, or educational agencies or other persons authorized by law to receive that information.

(f)

Criminal penalties

An individual who knowingly exceeds the authority in subsection (b), or knowingly releases information in violation of subsection (e), shall be imprisoned not more than 10 years or fined under title 18, or both.

(g)

Child welfare agency defined

In this section, the term “child welfare agency” means—

(1)

42 U.S.C. 620 the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act [ et seq., 670 et seq.]; and

(2)

any other public agency, or any other private agency under contract with the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act, that is responsible for the licensing or approval of foster or adoptive parents.

(h)

Definition of education terms

section 7801 of title 20In this section, the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in .

Pub. L. 109–248, title I, § 153July 27, 2006120 Stat. 610 Pub. L. 114–95, title IX, § 9215(b)Dec. 10, 2015129 Stat. 2166(, , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsec. (g), is , . Parts B and E of title IV of the Act are classified generally to part B (§ 620 et seq.) and part E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Codification

section 153 of Pub. L. 109–248 section 153 of Pub. L. 109–248 section 534 of Title 28Section is comprised of . Subsec. (i) of amended , Judiciary and Judicial Procedure.

section 16962 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 114–95 section 7801 of title 202015—Subsec. (h). made technical amendment to reference in original act which appears in text as reference to .

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.