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34 U.S.C. § 20903 — Schools SAFE Act

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20903 — Schools SAFE Act

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Stable record: federal_law:legal_authorities:record_usc_0e856629c6b6178813259199
Source file: Laws/federal/codes/united-states-code/title-34/section-20903-schools-safe-act--b3c0045e84.md
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Source location: Title 34, Chapter 209, § 20903; chapter-209-child-protection-and-safety.md

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**(a) Short title** This section may be cited as the “Schools Safely Acquiring Faculty Excellence Act of 2006”. **(b) In general** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534/f/3/A&num=0&edition=prelim)) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section671/a/20&num=0&edition=prelim)] 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section620&num=0&edition=prelim) 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** In this section, the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of identification records and information; appointment of officials

**(a)** The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. **(b)** The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. **(c)** The Attorney General may appoint officials to perform the functions authorized by this section. **(d) Indian Law Enforcement Agencies.—** (1) **In general.—** — The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16962 — Transferred

### Statutory Notes #### Codification Section 16945 was editorially reclassified as [section 20945 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20945&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 620 — Repealed. Pub. L. 109–288, § 6(a), Sept. 28, 2006, 120 Stat. 1244

### Statutory Notes Section, act Aug. 14, 1935, ch. 531, title IV, § 420, as added Pub. L. 90–248, title II, § 240(c), Jan. 2, 1968, 81 Stat. 911; amended Pub. L. 92–603, title IV, § 412, Oct. 30, 1972, 86 Stat. 1492; Pub. L. 96–272, title I, § 103(a), June 17, 1980, 94 Stat. 516; Pub. L. 98–369, div. B, title VI, § 2663(c)(8), July 18, 1984, 98 Stat. 1166; Pub. L. 101–239, title X, § 10401(a), Dec. 19, 1989, 103 Stat. 2487, authorized appropriations for child welfare services. See [section 625 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section625&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, see section 12(a) of Pub. L. 109–288, set out as an Effective Date of 2006 Amendment note under [section 621 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section621&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20903 — Tribal registry

Page 506 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20901 Sec. 20945. Office of Sex Offender Sentencing, Moni- toring, Apprehending, Registering, and Tracking. PART C—ACCESS TO INFORMATION AND RESOURCES NEEDED TO ENSURE THAT CHILDREN ARE NOT AT- TACKED OR ABUSED 20961. Access to national crime information data- bases. 20962. Schools SAFE Act. SUBCHAPTER II—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS 20971. Jimmy Ryce State civil commitment pro- grams for sexually dangerous persons. SUBCHAPTER III—GRANTS AND OTHER PROVISIONS 20981. Pilot program for monitoring sexual offend- ers. 20982. Assistance for prosecution of cases cleared through use of DNA backlog clearance funds. 20983. Grants to combat sexual abuse of children. 20984. Grants for fingerprinting programs for chil- dren. 20985. Grants for Rape, Abuse & Incest National Network. 20986. Children’s safety online awareness cam- paigns. 20987. Grants for online child safety programs. 20988. Jessica Lunsford Address Verification Grant Program. 20989. Fugitive Safe Surrender. 20990. National registry of substantiated cases of child abuse. 20991. Annual report on enforcement of registration requirements. SUBCHAPTER I—SEX OFFENDER REGISTRATION AND NOTIFICATION § 20901. Declaration of purpose In order to protect the public from sex offend- ers and offenders against children, and in re- sponse to the vicious attacks by violent preda- tors against the victims listed below, Congress in this chapter establishes a comprehensive na- tional system for the registration of those of- fenders: (1) Jacob Wetterling, who was 11 years old, was abducted in 1989 in Minnesota, and re- mains missing. (2) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 620 — Repealed. Pub. L. 109–288, § 6(a), Sept. 28,

Page 2209 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 621 (Aug. 14, 1935, ch. 531, title IV, § 419, as added Pub. L. 104–193, title I, § 103(a)(2), Aug. 22, 1996, 110 Stat. 2159.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Par. (4) of this section effective Oct. 1, 1996, with re- mainder of section effective July 1, 1997, with transi- tion rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modi- fied programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as a note under section 601 of this title. PART B—CHILD AND FAMILY SERVICES Editorial Notes CODIFICATION Pub. L. 103–66, title XIII, § 13711(a)(1), Aug. 10, 1993, 107 Stat. 649, substituted ‘‘Child and Family Services’’ for ‘‘Child Welfare Services’’ in part B heading. Pub. L. 90–248, title II, § 240(c), Jan. 2, 1968, 81 Stat. 911, added part B heading. SUBPART 1—STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM Editorial Notes CODIFICATION Pub. L. 110–351, title I, § 102(c), Oct. 7, 2008, 122 Stat. 3956, substituted ‘‘Stephanie Tubbs Jones Child Welfare Services Program’’ for ‘‘Child Welfare Services’’ in sub- part heading. Pub. L. 103–66, title XIII, § 13711(a)(1), Aug. 10, 1993, 107 Stat. 649, added subpart 1 heading. § 620. Repealed. Pub. L. 109–288, § 6(a), Sept. 28, 2006, 120 Stat. 1244 Section, act Aug. 14, 1935, ch. 531, title IV, § 420, as added Pub. L. 90–248, title II, § 240(c), Jan. 2, 1968, 81 Stat. 911; amended Pub. L. 92–603, title IV, § 412, Oct. 30, 1972,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 671 — State plan for foster care and adoption assistance

**(a) Requisite features of State plan** In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which— (1) provides for foster care maintenance payments in accordance with [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), adoption assistance in accordance with [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673&num=0&edition=prelim), and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection; (2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part; (3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under division A 11 See References in Text note below. of subchapter XX of this chapter, and under any other appropriate provision of Federal law; (5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be nece

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 671 — State plan for foster care and adoption as-

Page 2359 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 671 1 See References in Text note below. their efforts to prevent the removal of children from their families, safely reunify children and parents, fi- nalize permanency, and ensure that their voices are heard and their rights are protected. The Secretary shall also ensure collection of data regarding State use of Federal funds for this purpose. (b) Risk and Safety Assessments. (i) Within 18 months of the date of this order, the Secretary shall collect States’ individual standards for conducting risk and safety assessments required under section 106(b)(2)(B)(iv) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)(2)(B)(iv)) [prob- ably means 42 U.S.C. 5106a(b)(2)(B)(iv)]. (ii) Within 2 years of the date of this order, the Sec- retary shall outline reasonable best practice standards for risk and safety assessments, including how to ad- dress domestic violence and substance abuse. SEC. 6. Indian Child Welfare Act. Nothing in this order shall alter the implementation of the Indian Child Wel- fare Act [of 1978; 25 U.S.C. 1901 et seq.] or replace the tribal consultation process. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party aga

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