34 U.S.C. § 20962 — Schools SAFE Act

Page 522 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20961 CODIFICATION Section was formerly classified to section 16945 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART C—ACCESS TO INFORMATION AND RE- SOURCES NEEDED TO ENSURE THAT CHILDREN ARE NOT ATTACKED OR ABUSED § 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 de- fined in section 534 of title 28) by— (1) the National Center for Missing and Ex- ploited Children, to be used only within the scope of the Center’s duties and responsibil- ities 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 as- sociated 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.) Editorial Notes CODIFICATION Section was formerly classified to section 16961 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 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 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 de- fined 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 re- quired under section 471(a)(20) of the Social Security Act [42 U.S.C. 671(a)(20)] on individ- uals under consideration as prospective fos- ter or adoptive parents; or (B) an investigation relating to an inci- dent 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 fin- gerprint-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 re- lease that information only to appropriate offi- cers 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 au- thority 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 agen- cy’’ 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 pri- vate 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 par- ents. (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. (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.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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 section 1305 of Title 42 and Tables. CODIFICATION Section is comprised of section 153 of Pub. L. 109–248. Subsec. (i) of section 153 of Pub. L. 109–248 amended sec- tion 534 of Title 28, Judiciary and Judicial Procedure. Section was formerly classified to section 16962 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 523 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20981 AMENDMENTS 2015—Subsec. (h). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. SUBCHAPTER II—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS § 20971. Jimmy Ryce State civil commitment pro- grams for sexually dangerous persons (a) Grants authorized Except as provided in subsection (b), the At- torney General shall make grants to jurisdic- tions for the purpose of establishing, enhancing, or operating effective civil commitment pro- grams for sexually dangerous persons. (b) Limitation The Attorney General shall not make any grant under this section for the purpose of es- tablishing, enhancing, or operating any transi- tional housing for a sexually dangerous person in or near a location where minors or other vul- nerable persons are likely to come into contact with that person. (c) Eligibility (1) In general To be eligible to receive a grant under this section, a jurisdiction shall, before the expira- tion of the compliance period— (A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or (B) submit a plan for the establishment of such a program. (2) Compliance period The compliance period referred to in para- graph (1) expires on the date that is 2 years after July 27, 2006. However, the Attorney Gen- eral may, on a case-by-case basis, extend the compliance period that applies to a jurisdic- tion if the Attorney General considers such an extension to be appropriate. (3) Release notice (A) Each civil commitment program for which funding is required under this section shall require the issuance of timely notice to a State official responsible for considering whether to pursue civil commitment pro- ceedings upon the impending release of any person incarcerated by the State who— (i) has been convicted of a sexually violent offense; or (ii) has been deemed by the State to be at high risk for recommitting any sexual of- fense against a minor. (B) The program shall further require that upon receiving notice under subparagraph (A), the State official shall consider whether or not to pursue a civil commitment proceeding, or any equivalent proceeding required under State law. (d) Attorney General reports Not later than January 31 of each year, begin- ning with 2008, the Attorney General shall sub- mit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction. (e) Definitions As used in this section: (1) The term ‘‘civil commitment program’’ means a program that involves— (A) secure civil confinement, including ap- propriate control, care, and treatment dur- ing such confinement; and (B) appropriate supervision, care, and treatment for individuals released following such confinement. (2) The term ‘‘sexually dangerous person’’ means a person suffering from a serious men- tal illness, abnormality, or disorder, as a re- sult of which the individual would have seri- ous difficulty in refraining from sexually vio- lent conduct or child molestation. (3) The term ‘‘jurisdiction’’ has the meaning given such term in section 20911 of this title. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fis- cal years 2007 through 2010. (Pub. L. 109–248, title III, § 301, July 27, 2006, 120 Stat. 617.) Editorial Notes CODIFICATION Section was formerly classified to section 16971 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER III—GRANTS AND OTHER PROVISIONS § 20981. Pilot program for monitoring sexual of- fenders (a) Sex offender monitoring program (1) Grants authorized (A) In general The Attorney General is authorized to award grants (referred to as ‘‘Jessica Lunsford and Sarah Lunde Grants’’) to States, local governments, and Indian tribal governments to assist in— (i) carrying out programs to outfit sex offenders with electronic monitoring units; and (ii) the employment of law enforcement officials necessary to carry out such pro- grams. (B) Duration The Attorney General shall award grants under this section for a period not to exceed 3 years.