Collapse to view only § 20962. Schools SAFE Act
§ 20961. Access to national crime information databases
(a) In general
Notwithstanding any other provision of law, the Attorney General shall ensure access to the national crime information databases (as defined in section 534 of title 28) by—
(1) the National Center for Missing and Exploited Children, to be used only within the scope of the Center’s duties and responsibilities under Federal law to assist or support law enforcement agencies in administration of criminal justice functions; and
(2) governmental social service agencies with child protection responsibilities, to be used by such agencies only in investigating or responding to reports of child abuse, neglect, or exploitation.
(b) Conditions of access
The access provided under this section, and associated rules of dissemination, shall be—
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such agencies that have met all requirements set by the Attorney General, including training, certification, and background screening.
(Pub. L. 109–248, title I, § 151, July 27, 2006, 120 Stat. 608.)
§ 20962. Schools SAFE Act
(a) Short title
(b) In generalThe 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 section 534(f)(3)(A) of title 28) pursuant to a request submitted by—
(1) a child welfare agency for the purpose of—
(A) conducting a background check required under section 471(a)(20) of the Social Security Act [42 U.S.C. 671(a)(20)] 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
(d) Fees
(e) Protection of information
(f) Criminal penalties
(g) Child welfare agency definedIn this section, the term “child welfare agency” means—
(1) the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act [42 U.S.C. 620 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
(Pub. L. 109–248, title I, § 153, July 27, 2006, 120 Stat. 610; Pub. L. 114–95, title IX, § 9215(b), Dec. 10, 2015, 129 Stat. 2166.)