[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1759 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1759

   To establish a national background check procedure to ensure that 
persons working as child care providers do not have a criminal history 
  of child abuse, to initiate the reporting of all State and Federal 
   child abuse crimes, to establish minimum guidelines for States to 
  follow in conducting background checks and provide protection from 
inaccurate information for persons subjected to background checks, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

  Mr. Biden (for himself, Mr. Hatch, Mr. DeConcini, Mr. Thurmond, Mr. 
  Heflin, Mr. Grassley, Mr. Simon, Mr. Metzenbaum, and Mr. McConnell) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish a national background check procedure to ensure that 
persons working as child care providers do not have a criminal history 
  of child abuse, to initiate the reporting of all State and Federal 
   child abuse crimes, to establish minimum guidelines for States to 
  follow in conducting background checks and provide protection from 
inaccurate information for persons subjected to background checks, 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 ``National Child Protection Act of 
1993''.

SEC. 2. PURPOSES.

    The purposes of this subtitle are--
            (1) to establish a national system through which child care 
        organizations may obtain the benefit of a nationwide criminal 
        background check to determine if persons who are current or 
        prospective child care providers have committed child abuse 
        crimes or other serious crimes;
            (2) to establish minimum criteria for State laws and 
        procedures that permit child care organizations to obtain the 
        benefit of nationwide criminal background checks to determine 
        if persons who are current or prospective child care providers 
        have committed child abuse crimes or other serious crimes;
            (3) to provide procedural rights for persons who are 
        subject to nationwide criminal background checks, including 
        procedures to challenge and correct inaccurate background check 
        information;
            (4) to establish a national system for the reporting by the 
        States of child abuse crime information; and
            (5) to document and study the problem of child abuse by 
        providing statistical and informational data on child abuse and 
        related crimes to the Department of Justice and other 
        interested parties.

SEC. 3. DEFINITIONS.

    For the purposes of this subtitle--
            (1) the term ``authorized agency'' means a division or 
        office of a State designated by a State to report, receive, or 
        disseminate information under this subtitle;
            (2) the term ``background check crime'' means a child abuse 
        crime, murder, manslaughter, aggravated assault, kidnapping, 
        arson, sexual assault, domestic violence, incest, indecent 
        exposure, prostitution, promotion of prostitution, and a felony 
        offense involving the use or distribution of a controlled 
        substance;
            (3) the term ``child'' means a person who is a child for 
        purposes of the criminal child abuse law of a State;
            (4) the term ``child abuse'' means the physical or mental 
        injury, sexual abuse or exploitation, neglectful treatment, 
        negligent treatment, or maltreatment of a child by any person 
        in violation of the criminal child abuse laws of a State, but 
        does not include discipline administered by a parent or legal 
        guardian to his or her child provided it is reasonable in 
        manner and moderate in degree and otherwise does not constitute 
        cruelty;
            (5) the term ``child abuse crime'' means a crime committed 
        under any law of a State that establishes criminal penalties 
        for the commission of child abuse by a parent or other family 
        member of a child or by any other person;
            (6) the term ``child abuse crime information'' means the 
        following facts concerning a person who is under indictment 
        for, or has been convicted of, a child abuse crime: full name, 
        race, sex, date of birth, height, weight, a brief description 
        of the child abuse crime or offenses for which the person has 
        been arrested or is under indictment or has been convicted, the 
        disposition of the charge, and any other information that the 
        Attorney General determines may be useful in identifying 
        persons arrested for, under indictment for, or convicted of, a 
        child abuse crime;
            (7) the term ``child care'' means the provision of care, 
        treatment, education, training, instruction, supervision, or 
        recreation to children;
            (8) the term ``domestic violence'' means a felony or 
        misdemeanor involving the use or threatened use of force by--
                    (A) a present or former spouse of the victim;
                    (B) a person with whom the victim shares a child in 
                common;
                    (C) a person who is cohabiting with or has 
                cohabited with the victim as a spouse; or
                    (D) any person defined as a spouse of the victim 
                under the domestic or family violence laws of a State;
            (9) the term ``exploitation'' means child pornography and 
        child prostitution;
            (10) the term ``mental injury'' means harm to a child's 
        psychological or intellectual functioning, which may be 
        exhibited by severe anxiety, depression, withdrawal or outward 
        aggressive behavior, or a combination of those behaviors or by 
        a change in behavior, emotional response, or cognition;
            (11) the term ``national criminal background check system'' 
        means the system maintained by the Federal Bureau of 
        Investigation based on fingerprint identification or any other 
        method of positive identification;
            (12) the term ``negligent treatment'' means the failure to 
        provide, for a reason other than poverty, adequate food, 
        clothing, shelter, or medical care so as to seriously endanger 
        the physical health of a child;
            (13) the term ``physical injury'' includes lacerations, 
        fractured bones, burns, internal injuries, severe bruising, and 
        serious bodily harm;
            (14) the term ``provider'' means
                    (A) a person who--
                            (i) is employed by or volunteers with a 
                        qualified entity;
                            (ii) who owns or operates a qualified 
                        entity; or
                            (iii) who has or may have unsupervised 
                        access to a child to whom the qualified entity 
                        provides child care; and
                    (B) a person who--
                            (i) seeks to be employed by or volunteer 
                        with a qualified entity;
                            (ii) seeks to own or operate a qualified 
                        entity; or
                            (iii) seeks to have or may have 
                        unsupervised access to a child to whom the 
                        qualified entity provides child care;
            (15) the term ``qualified entity'' means a business or 
        organization, whether public, private, for-profit, not-for-
        profit, or voluntary, that provides child care or child care 
        placement services, including a business or organization that 
        licenses or certifies others to provide child care or child 
        care placement services;
            (16) the term ``sex crime'' means an act of sexual abuse 
        that is a criminal act;
            (17) the term ``sexual abuse'' includes the employment, 
        use, persuasion, inducement, enticement, or coercion of a child 
        to engage in, or assist another person to engage in, sexually 
        explicit conduct or the rape, molestation, prostitution, or 
        other form of sexual exploitation of children or incest with 
        children; and
            (18) the term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
        Virgin Islands, Guam, and the Trust Territories of the Pacific.

SEC. 4. REPORTING BY THE STATES.

    (a) In General.--An authorized criminal justice agency of a State 
shall report child abuse crime information to, or index child abuse 
crime information in, the national criminal background check system.
    (b) Provision of State Child Abuse Crime Records Through the 
National Criminal Background Check System.--(1) Not later than 180 days 
after the date of enactment of this Act, the Attorney General shall, 
subject to the availability of appropriations--
            (A) investigate the criminal records of each State and 
        determine for each State a timetable by which the State should 
        be able to provide child abuse crime records on an on-line 
        capacity basis through the national criminal background check 
        system;
            (B) establish guidelines for the reporting or indexing of 
        child abuse crime information, including guidelines relating to 
        the format, content, and accuracy of child abuse crime 
        information and other procedures for carrying out this Act; and
            (C) notify each State of the determinations made pursuant 
        to subparagraphs (A) and (B).
    (2) The Attorney General shall require as a part of the State 
timetable that the State--
            (A) achieve, by not later than the date that is 3 years 
        after the date of enactment of this Act, at least 80 percent 
        currency of final case dispositions in computerized criminal 
        history files for all identifiable child abuse crime cases in 
        which there has been an event of activity within the last 5 
        years;
            (B) continue to maintain at least 80 percent currency of 
        final case dispositions in all identifiable child abuse crime 
        cases in which there has been an event of activity within the 
        preceding 5 years; and
            (C) take steps to achieve full disposition reporting, 
        including data quality audits and periodic notices to criminal 
        justice agencies identifying records that lack final 
        dispositions and requesting those dispositions.
    (c) Liaison.--An authorized agency of a State shall maintain close 
liaison with the National Center on Child Abuse and Neglect, the 
National Center for Missing and Exploited Children, and the National 
Center for the Prosecution of Child Abuse for the exchange of technical 
assistance in cases of child abuse.
    (d) Annual Summary.--(1) The Attorney General shall publish an 
annual statistical summary of the child abuse crime information 
reported under this subtitle.
    (2) The annual statistical summary described in paragraph (1) shall 
not contain any information that may reveal the identity of any 
particular victim or alleged violator.
    (e) Annual Report.--The Attorney General shall publish an annual 
summary of each State's progress in reporting child abuse crime 
information to the national criminal background check system.
    (f) Study of Child Abuse Offenders.--(1) Not later than 180 days 
after the date of enactment of this Act, the Administrator of the 
Office of Juvenile Justice and Delinquency Prevention shall begin a 
study based on a statistically significant sample of convicted child 
abuse offenders and other relevant information to determine--
            (A) the percentage of convicted child abuse offenders who 
        have more than 1 conviction for an offense involving child 
        abuse;
            (B) the percentage of convicted child abuse offenders who 
        have been convicted of an offense involving child abuse in more 
        than 1 State;
            (C) whether there are crimes or classes of crimes, in 
        addition to those defined as background check crimes in section 
        3, that are indicative of a potential to abuse children; and
            (D) the extent to which and the manner in which instances 
        of child abuse form a basis for convictions for crimes other 
        than child abuse crimes.
    (2) Not later than 1 year after the date of enactment of this Act, 
the Administrator shall submit a report to the Chairman of the 
Committee on the Judiciary of the Senate and the Chairman of the 
Committee on the Judiciary of the House of Representatives containing a 
description of and a summary of the results of the study conducted 
pursuant to paragraph (1).

SEC. 5. BACKGROUND CHECKS.

    (a) In General.--(1) A State may have in effect procedures 
(established by or under State statute or regulation) to permit a 
qualified entity to contact an authorized agency of the State to 
request a nationwide background check for the purpose of determining 
whether there is a report that a provider is under indictment for, or 
has been convicted of, a background check crime.
    (2) The authorized agency shall access and review State and Federal 
records of background check crimes through the national criminal 
background check system and shall respond promptly to the inquiry.
    (b) Guidelines.--(1) The Attorney General shall establish 
guidelines for State background check procedures established under 
subsection (a), which guidelines shall include the requirements and 
protections of this subtitle.
    (2) The guidelines established under paragraph (1) shall require--
            (A) that no qualified entity may request a background check 
        of a provider under subsection (a) unless the provider first 
        completes and signs a statement that--
                    (i) contains the name, address, and date of birth 
                appearing on a valid identification document (as 
                defined by section 1028(d)(1) of title 18, United 
                States Code) of the provider;
                    (ii) the provider is not under indictment for, and 
                has not been convicted of, a background check crime 
                and, if the provider is under indictment for or has 
                been convicted of a background check crime, contains a 
                description of the crime and the particulars of the 
                indictment or conviction;
                    (iii) notifies the provider that the entity may 
                request a background check under subsection (a);
                    (iv) notifies the provider of the provider's rights 
                under subparagraph (B); and
                    (v) notifies the provider that prior to the receipt 
                of the background check the qualified entity may choose 
                to deny the provider unsupervised access to a child to 
                whom the qualified entity provides child care;
            (B) that each State establish procedures under which a 
        provider who is the subject of a background check under 
        subsection (a) is entitled--
                    (i) to obtain a copy of any background check report 
                and any record that forms the basis for any such 
                report; and
                    (ii) to challenge the accuracy and completeness of 
                any information contained in any such report or record 
                and obtain a prompt determination from an authorized 
                agency as to the validity of such challenge;
            (C) that an authorized agency to which a qualified entity 
        has provided notice pursuant to subsection (a) make reasonable 
        efforts to complete research in whatever State and local 
        recordkeeping systems are available and in the national 
        criminal background check system and respond to the qualified 
        entity within 15 business days;
            (D) that the response of an authorized agency to an inquiry 
        pursuant to subsection (a) inform the qualified entity that the 
        background check pursuant to this section--
                    (i) may not reflect all indictments or convictions 
                for a background check crime; and
                    (ii) may not be the sole basis for determining the 
                fitness of a provider;
            (E) that the response of an authorized agency to an inquiry 
        pursuant to subsection (a) be limited to the conviction or 
        pending indictment information reasonably required to 
        accomplish the purposes of this Act;
            (F) that the qualified entity may choose to deny the 
        provider unsupervised access to a child to whom the qualified 
        entity provides child care on the basis of a background check 
        under subsection (a) until the provider has obtained a 
        determination as to the validity of any challenge under 
        subparagraph (B) or waived the right to make such challenge;
            (G) that each State establish procedures to ensure that any 
        background check under subsection (a) and the results thereof 
        shall be requested by and provided only to--
                    (i) qualified entities identified by States;
                    (ii) authorized representatives of a qualified 
                entity who have a need to know such information;
                    (iii) the provider who is the subject of a 
                background check;
                    (iv) law enforcement authorities; or
                    (v) pursuant to the direction of a court of law;
            (H) that background check information conveyed to a 
        qualified entity pursuant to subsection (a) shall not be 
        conveyed to any person except as provided under subparagraph 
        (G);
            (I) that an authorized agency shall not be liable in an 
        action at law for damages for failure to prevent a qualified 
        entity from taking action adverse to a provider on the basis of 
        a background check;
            (J) that a State employee or a political subdivision of a 
        State or employee thereof responsible for providing information 
        to the national criminal background check system shall not be 
        liable in an action at law for damages for failure to prevent a 
        qualified entity from taking action adverse to a provider on 
        the basis of a background check; and
            (K) that a State or Federal provider of criminal history 
        records, and any employee thereof, shall not be liable in an 
        action at law for damages for failure to prevent a qualified 
        entity from taking action adverse to a provider on the basis of 
        a criminal background check, or due to a criminal history 
        record's being incomplete.
    (c) Equivalent Procedures.--(1) Notwithstanding anything to the 
contrary in this section, the Attorney General may certify that a State 
licensing or certification procedure that differs from the procedures 
described in subsections (a) and (b) shall be deemed to be the 
equivalent of such procedures for purposes of this Act, but the 
procedures described in subsections (a) and (b) shall continue to apply 
to those qualified entities, providers, and background check crimes 
that are not governed by or included within the State licensing or 
certification procedure.
    (2) The Attorney General shall by regulation establish criteria for 
certifications under this subsection. Such criteria shall include a 
finding by the Attorney General that the State licensing or 
certification procedure accomplishes the purposes of this Act and 
incorporates a nationwide review of State and Federal records of 
background check offenses through the national criminal background 
check system.
    (d) Regulations.--(1) The Attorney General may by regulation 
prescribe such other measures as may be required to carry out the 
purposes of this Act, including measures relating to the security, 
confidentiality, accuracy, use, misuse, and dissemination of 
information, and audits and recordkeeping.
    (2) The Attorney General shall, to the maximum extent possible, 
encourage the use of the best technology available in conducting 
background checks.

SEC. 6. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    (a) Use of Formula Grants for Improvements in State Records and 
Systems.--Section 509(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) the improvement of State record systems and the 
        sharing of all of the records described in paragraphs (1), (2), 
        and (3) and the records required by the Attorney General under 
        section 4 of the National Child Protection Act of 1993 with the 
        Attorney General for the purpose of implementing the National 
        Child Protection Act of 1993.''.
    (b) Additional Funding Grants for the Improvement of Child Abuse 
Crime Information.--(1) The Attorney General shall, subject to 
appropriations and with preference to States that as of the date of 
enactment of this Act have the lowest percent currency of case 
dispositions in computerized criminal history files, make a grant to 
each State to be used--
            (A) for the computerization of criminal history files for 
        the purposes of this subtitle;
            (B) for the improvement of existing computerized criminal 
        history files for the purposes of this subtitle;
            (C) to improve accessibility to the national criminal 
        background check system for the purposes of this subtitle; and
            (D) to assist the State in the transmittal of criminal 
        records to, or the indexing of criminal history records in, the 
        national criminal background check system for the purposes of 
        this subtitle.
    (2) There are authorized to be appropriated for grants under 
paragraph (1) a total of $20,000,000 for fiscal years 1995, 1996, and 
1997.
    (c) Withholding State Funds.--Effective 1 year after the date of 
enactment of this Act, the Attorney General may reduce by up to 10 
percent the allocation to a State for a fiscal year under title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 of a State that 
is not in compliance with the timetable established for that State 
under section 4 of this Act.

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S 1759 IS----2