[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 891 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 891

  To require the establishment of a Federal system for the purpose of 
conducting background checks to prevent the employment of child abusers 
   by child care providers, to establish a Federal point-of-purchase 
 background check system for screening prohibited firearms purchasers, 
    to provide accurate and immediately accessible records for law 
enforcement purposes, to assist in the identification and apprehension 
of violent felons, and to assist the courts in determining appropriate 
                     bail and sentencing decisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 5 (legislative day, April 19), 1993

   Mr. Craig introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require the establishment of a Federal system for the purpose of 
conducting background checks to prevent the employment of child abusers 
   by child care providers, to establish a Federal point-of-purchase 
 background check system for screening prohibited firearms purchasers, 
    to provide accurate and immediately accessible records for law 
enforcement purposes, to assist in the identification and apprehension 
of violent felons, and to assist the courts in determining appropriate 
                     bail and sentencing decisions.

    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 ``Federal Criminal Records 
Identification Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the technological capability exists to identify violent 
        felons, convicted child abusers, and other predatory criminals 
        through existing criminal justice records;
            (2) advances in electronic communication and data 
        compilation make it possible to check criminal history records 
        instantaneously to identify child abusers who seek employment 
        or access to child care facilities, felons who attempt to 
        purchase handguns, fugitives for whom arrest warrants exist, 
        and convicted persons prior to sentencing by courts of justice;
            (3) five States are currently demonstrating the 
        practicability of instantaneous electronic screening of handgun 
        purchasers, and other States are demonstrating the 
        practicability of electronic screening of child care personnel;
            (4) the vast majority of serious criminal career activity 
        occurs between the ages of 18 and 30; Justice Department 
        research indicates that 80 percent or more of the current 
        nationwide criminal records for dangerous criminals committing 
        offenses the last 5 years are in automated form allowing a 
        viable instant check system to be implemented immediately;
            (5) a key element in operating the point-of-purchase sale 
        system is a master name index, whether automated or manual, 
        which directs the system to the full criminal history record of 
        an individual; Department of Justice research indicates that 
        such information is currently 100 percent available in 44 or 
        more States;
            (6) continuing Department of Justice initiatives for 
        improving criminal history records have directed State remedial 
        efforts toward automating criminal records in reverse 
        chronological order, focusing on persons with a record of 
        criminal activity within the last 5 years;
            (7) at least 39 States, which account for more than 80 
        percent of all criminal records, have a fully automated master 
        name index; even in States where the records are not fully 
        automated, immediate national accessibility is available 
        through the name index in virtually all cases;
            (8) thirty-two States with fully automated criminal 
        histories include final results or have disposition rates of 
        criminal charges at rates that equal or surpass those available 
        in Florida and Virginia, both of which States successfully 
        operate instant background screening systems on firearms 
        purchasers;
            (9) in each of the 5 States currently using instant 
        background check systems for firearms purchases, the time 
        between the enactment of the legislation establishing the 
        systems and the actual online usage was less than 1 year; in 4 
        of those States, the online implementation of the system 
        required between 6 and 9 months;
            (10) as a result of earmarking 5 percent of funds available 
        under the Omnibus Crime Control and Safe Streets Act of 1968, 
        an additional $20,000,000 was provided to the States in 1992 
        for the purpose of developing and improving access to automated 
        criminal history records;
            (11) over 1,000,000 people are currently incarcerated in 
        the United States, and more than 3,000,000 people are on 
        probation or parole;
            (12) instant retrieval of accurate criminal records greatly 
        enhances the ability of law enforcement officers in the field 
        to identify dangerous suspects and enables courts of justice to 
        make informed decisions for conditions of release and 
        imposition of sentence;
            (13) preschool and adolescent child care education programs 
        have upwards of 50,000,000 children enrolled; more than 
        6,000,000 children receive some form of out-of-home care, and 
        the number of children enrolled in day care is projected to 
        increase substantially over the next decade;
            (14) child abuse is an extremely serious national problem; 
        it is estimated that each year over 500,000 children are 
        victims; the emotional and psychological consequences of abuse 
        are devastating, not only to the victim, but to the family and 
        friends of the child; child abuse undermines public confidence 
        in the individuals and systems which provide care, education, 
        supervision, or recreation for our children;
            (15) predatory child molesters commit sexual crimes against 
        a staggering number of children, and are similar to the serial 
        killers in their commitment to perpetrating numbers of heinous 
        crimes;
            (16) there is an extremely high rate of recidivism among 
        child sex abusers; even when they are apprehended and punished, 
        the lack of adequate detection and monitoring of sexual 
        predators who migrate from State to State poses a particularly 
        sinister threat to children;
            (17) at least 22 States currently require a criminal 
        history check or permit access to criminal information systems 
        to screen people who will have substantial contact with 
        children, and a number of States are considering initiatives to 
        develop systems for screening child care providers;
            (18) the States are severely hampered in their ability to 
        protect children from child abuse outside the home because of 
        the incompleteness and inaccessibility of the national criminal 
        history records necessary for screening child care providers 
        for  a history of child abuse crimes;
            (19) screening the background of a potential child care 
        provider for a history of child abuse crimes, the overwhelming 
        majority of whom are caring and professional individuals, does 
        not violate the individual's rights, nor does instant 
        background screening of prospective handgun purchasers, 
        virtually all of whom are law-abiding citizens, violate their 
        individual rights under the Second and Fourteenth Amendments to 
        the United States Constitution to keep and bear arms; and
            (20) the creation of a nationally accessible and accurate 
        database on criminal offenders will yield general benefits to 
        law enforcement authorities by--
                    (A) permitting the immediate review of accurate 
                criminal records by officers in the field, thus 
                protecting their safety and improving their response to 
                crime;
                    (B) enabling cross-comparisons of homicides, acts 
                of violence, and criminal activity, thus assisting 
                discovery of patterns of serial murderers, gang 
                migrations, or other concerted criminal activities; and
                    (C) generally improving information with regard to 
                criminal trends and behavior, thus allowing a more 
                effective law enforcement response to protect the 
                public.
    (b) Purposes.--The purposes of this Act are--
            (1) to create a Federal instant background check system 
        to--
                    (A) identify persons for whom there are outstanding 
                arrest warrants so that law enforcement officers may be 
                protected in the field and may apprehend fugitives from 
                justice;
                    (B) screen prospective handgun purchasers to 
                prevent persons who are prohibited by chapter 44 of 
                title 18, United States Code, from purchasing handguns 
                from licensed dealers;
                    (C) establish a uniform Federal framework to ensure 
                that States that conduct background checks for child 
                care providers are able to obtain access to accurate 
                and complete criminal history information from across 
                the Nation; and
                    (D) enable the courts to have ready access to 
                criminal history background information to aid in 
                establishing appropriate bail for defendants and to aid 
                in imposing sentences on persons convicted of serious 
                crimes;
            (2) to provide the resources for each State to implement a 
        computerized criminal records system that incorporates, on a 
        continuing basis, the records of crimes committed by persons 
        with a record of criminal activity dating back at least a 
        decade;
            (3) to provide a continuing funding mechanism to ensure the 
        long-term viability of the system;
            (4) to require the Attorney General to develop regulations 
        implementing national uniform guidelines to allow States to 
        determine if a person who seeks employment as a child care 
        provider should be prohibited because of past criminal activity 
        in another State;
            (5) to determine and to report on the status of State 
        criminal history records systems, and determine what needs to 
        be done by each State to implement an effective instant 
        background check system;
            (6) to determine the means by which a federally accessible 
        network of criminal history records can be accessed by the 
        States;
            (7) to provide the means of communication to allow law 
        enforcement authorities and the courts to function more 
        efficiently and effectively in carrying out their duty to 
        preserve public order and protect the citizenry; and
            (8) to provide for the privacy and to protect the rights of 
        the persons who will be screened by the system.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) ``authorized agency'' means a division or office of a 
        State designated by a State to report, receive, or disseminate 
        information under this Act;
            (2) ``background check crime'' means--
                    (A) for the purpose of screening child care 
                providers, 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; and
                    (B) for the purpose of screening handgun 
                purchasers, a crime punishable by imprisonment for a 
                term exceeding 1 year within the meaning of section 
                921(a)(20) of title 18, United States Code;
            (3) ``child'' means a person who is a child for purposes of 
        the criminal child abuse law of a State;
            (4) ``child abuse'' means physical or mental injury, sexual 
        abuse or exploitation, neglectful treatment, negligent 
        treatment, or maltreatment of a child by a person in violation 
        of the criminal child abuse laws of a State;
            (5) ``child abuse crime'' means a crime committed under a 
        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) ``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, social 
        security number, race, date of birth, a brief description of 
        the child abuse crime or offenses for which the person is under 
        indictment or has been convicted, and any other information 
        that the Attorney General determines may be useful in 
        identifying persons under indictment for, or convicted of, a 
        child abuse crime;
            (7) ``child care'' means the provision of care, treatment, 
        education, training, instruction, supervision, or recreation to 
        children;
            (8) ``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) ``exploitation'' means child pornography and child 
        prostitution;
            (10) ``handgun'' has the meaning stated in section 921(a) 
        of title 18, United States Code;
            (11) ``licensee'' means an importer, manufacturer, or 
        dealer (as defined in section 921(a) of title 18, United States 
        Code) that is licensed under section 923 of title 18, United 
        States Code;
            (12) ``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;
            (13) ``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;
            (14) ``physical injury'' includes lacerations, fractured 
        bones, burns, internal injuries, severe bruising, and serious 
        bodily harm;
            (15) ``provider'' means--
                    (A) a person who--
                            (i) is employed by 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 a qualified 
                        entity; or
                            (ii) seeks to own or operate a qualified 
                        entity;
            (16) ``qualified entity'' means a public or private 
        business or organization 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;
            (17) ``sex crime'' means an act of sexual abuse that is a 
        criminal act;
            (18) ``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
            (19) ``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. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR HANDGUN PURCHASES.

    (a) In General.--Not later than the date that is 12 months after 
the date of enactment of this Act, each State shall establish and 
maintain a system that, on receipt of an inquiry from a licensee 
pursuant to section 922(s)(1) of title 18, United States Code, 
immediately researches the criminal history of a prospective handgun 
transferee, advises the licensee whether its records demonstrate that 
such transferee is prohibited from receiving a handgun by reason of 
section 922 (g) or (n) of title 18, United States Code, and, if such 
transferee is not so prohibited, provides the licensee a unique 
identification number with respect to the transfer.
    (b) Additional Requirements.--A State instant criminal check system 
shall--
            (1) provide for the privacy and security of the information 
        contained in the system to an extent equal, at a minimum, to 
        the protections and remedies provided in section 552a(g) of 
        title 5, United States Code;
            (2) ensure that information conveyed to the system by a 
        licensee pursuant to section 922(s)(1) of title 18, United 
        States Code, is not retained in any form whatsoever, is not 
        conveyed to any person except a person who has a need to know 
        to carry out the purpose of that section, and is not used for 
        any purpose other than to carry out that section; and
            (3) provide to a prospective handgun transferee who is 
        denied receipt of a handgun on the basis of information 
        provided by the system a procedure for the correction of 
        erroneous information as otherwise set forth in this Act.
    (c) Prohibitions on Uses of Information.--
            (1) Recordation by the government.--No record or portion 
        thereof generated by an inquiry concerning or a search of the 
        criminal history of a prospective transferee under a State 
        instant criminal check system established under subsection (a) 
        shall be recorded at or transferred to a facility owned, 
        managed, or controlled by the United States or any State or 
        political subdivision thereof.
            (2) Registration of ownership.--Neither the United States, 
        a State, or any political subdivision thereof shall use 
        information provided by a licensee pursuant to a State instant 
        criminal check system established under subsection (a) to 
        establish any system for the registration of handguns, handgun 
        owners, or handgun transactions or dispositions, except with 
        respect to persons who are prohibited from receiving a handgun 
        by section 922 (g) or (n) of title 18, United States Code.

SEC. 5. AMENDMENT OF CHAPTER 44 OF TITLE 18, UNITED STATES CODE.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following new paragraph:
    ``(29) The term `handgun' means--
            ``(A) a firearm (other than a firearm that is a curio or 
        relic under criteria established by the Secretary by 
        regulation) that has a short stock and is designed to be held 
        and fired by the use of a single hand; and
            ``(B) any combination of parts designed and intended to be 
        assembled into such a firearm and from which such a firearm can 
        be readily assembled.''.
    (b) Identification Procedure.--Section 922 of title 18, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(s)(1) Upon a State instant criminal check system becoming 
operational pursuant to the Federal Criminal Records Identification Act 
of 1993, and notice by an appropriate State official by certified mail 
to each licensee in the State that such system is operational, a 
licensed importer, licensed manufacturer, or licensed dealer shall not 
knowingly transfer a handgun from the business inventory of such 
licensee to any other person who is not licensed under this chapter 
before the completion of the transfer unless the licensee contacts the 
State instant criminal check system.''
    (b) Identification Procedure.--Section 922 of title 18, United 
States Code, is amended by adding at the end the following new 
subsection:
            ``(A) the State system notifies the licensee that the 
        system has not located any record that demonstrates that the 
        receipt of a handgun by such other person would violate section 
        922 (g) or (n); or
            ``(B) at least 8 hours have elapsed since the licensee 
        first contacted the system with respect to the transfer, and 
        the system has not notified the licensee that the information 
        available to the system demonstrates that the receipt of a 
        handgun by the person would violate section 922 (g) or (n).
    ``(2) Paragraph (1) shall not apply to a handgun transfer between a 
licensee and another person if--
            ``(A) the other person presents to the licensee a valid 
        permit or license issued by the State or a political 
        subdivision of the State in which the transfer is to occur that 
        authorizes the person to purchase, possess, or carry a firearm;
            ``(B) the Secretary has, under section 5812 of the Internal 
        Revenue Code of 1986, approved the transfer;
            ``(C) the ability of the licensee to exchange information 
        with the system described in paragraph (1) is impaired for a 
        period of more than 8 hours due to natural or human disaster, 
        insurrection, riot, hurricane, other act of God, or other 
        circumstance beyond the control of the licensee; or
            ``(D) on application of the licensee, the State instant 
        criminal check system has certified that compliance with 
        paragraph (1)(A) is impracticable because of the inability of 
        the licensee to communicate with the system due to the remote 
        location of the licensed premises.
    ``(3) If the State instant criminal check system notifies the 
licensee that the information available to the system does not 
demonstrate that the receipt of a handgun by the person would violate 
section 922 (g) or (n), and the licensee transfers a handgun to the 
person, the licensee shall include in the record of the transfer the 
unique identification number provided by the system with respect to the 
transfer.
    ``(4)(A) If the licensee knowingly transfers a handgun to a person 
and willfully fails to comply with paragraph (1) with respect to the 
transfer and, at the time of the transfer, the State instant criminal 
check system was operating and information was available to the system 
demonstrating that receipt of a handgun by the person would violate 
section 922 (g) or (n), the Secretary may, after notice and opportunity 
for a hearing, suspend for not more than 12 months or revoke any 
license issued to the licensee under this section, and may impose on 
the licensee a civil fine of not more than $10,000.
    ``(B) Any action by the Secretary under subparagraph (A) shall be 
subject to the procedures and remedies provided in section 923 (e) and 
(f).
    ``(5) A State employee responsible for providing information 
through a State instant criminal check system shall not be liable in an 
action at law for damages for failure to prevent the sale or transfer 
of a handgun to a person whose receipt or possession of a handgun is 
unlawful under this section.
    ``(6) Notwithstanding any law, rule, or regulation of a State or 
political subdivision of a State that requires a waiting period prior 
to the receipt or sale of a handgun, after a State instant criminal 
check system has been placed in operation, a licensee may transfer, and 
a person may receive, a handgun immediately upon notification of the 
licensee pursuant to subparagraph (1)(A). No permit or license shall be 
required by any State or political subdivision of a State for such 
transfer or receipt.''.
    (c) Penalty.--Section 924(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (1) by striking ``(2) or (3)'' and 
        inserting ``(2), (3), (4), or (5)''; and
            (2) by adding at the end the following new paragraph:
    ``(5) A person who willfully violates section 922(s) shall be fined 
not more than $2,000, imprisoned not more than 1 year, or both.''.

SEC. 6. ESTABLISHMENT AND OPERATION OF CRIMINAL HISTORY SYSTEM.

    (a) Establishment of the System.--Each State shall establish a 
system accessible by telephone, and may establish other electronic 
means in addition to telephonic communication, that any licensee, 
provider, law enforcement officer, or court of law may contact for 
criminal history information. Information available to a licensee shall 
be limited to information concerning a background check crime or other 
information concerning whether receipt of a handgun by a prospective 
transferee would violate section 922 (g) or (n) of title 18, United 
States Code. Information available to a provider shall be limited to a 
background check crime. Information available to law enforcement 
officers and to courts of law shall include information concerning any 
arrest or conviction for any crime.
    (b) Continuous Operation.--Each State shall take such steps as are 
necessary to ensure that the system operates continuously and without 
closing, at all times and days of each year for purposes of inquiries 
from law enforcement officers, licensees, and courts.

SEC. 7. OPERATION OF SYSTEM FOR PURPOSE OF SCREENING HANDGUN 
              PURCHASERS.

    (a) Accuracy of Responses.--Each State shall take such steps as are 
necessary to ensure that not more than 2 percent of initial telephone 
responses of the system contain erroneous determinations that receipt 
of a handgun by a prospective handgun transferee would violate section 
922 (g) or (n) of title 18, United States Code.
    (b) Notification of Licensees.--On establishment of a system under 
this section, each respective State shall notify the Secretary of the 
Treasury, and the Secretary shall notify each licensee of the existence 
and purpose of the system and the telephone number and other electronic 
means that may be used to contact the system.
    (c) Operation of the System.--
            (1) Requirements for provision of information.--The system 
        established under this section shall not provide information to 
        any person who places a telephone call to the system with 
        respect to a person unless--
                    (A) the system verifies that the caller is a 
                licensee; and
                    (B) the licensee--
                            (i) states that a person seeks to purchase 
                        a handgun from the licensee; and
                            (ii) provides the name, birth date, and 
                        social security number (or if the transferee 
                        does not have a social security number, other 
                        identifying information about the proposed 
                        transferee as required to make a valid 
                        identification).
            (2) Information to be provided.--
                    (A) In general.--If the system receives a telephone 
                call with respect to the transfer of a handgun to a 
                person and the requirements of paragraph (1) are met, 
                the system shall, in accordance with subparagraph (B)--
                            (i) if the receipt of a handgun by the 
                        person would violate section 922 (g) or (n) of 
                        title 18, United States Code, inform the 
                        licensee that the transfer is disapproved; and
                            (ii) if such a receipt would not violate 
                        section 922 (g) or (h) of title 18, United 
                        States Code--
                                    (I) assign a unique identification 
                                number to the transfer;
                                    (II) provide the licensee with the 
                                number; and
                                    (III) destroy all records of the 
                                system with respect to the call (other 
                                than the identifying number and the 
                                date the number was assigned) and all 
                                records of the system relating to the 
                                person or the transfer.
                    (B) Timing.--
                            (i) Prompt response required.--The system 
                        shall make every effort to provide to the 
                        caller the information required by subparagraph 
                        (A) immediately or by return telephone call 
                        without delay.
                            (ii) Rules governing delayed responses.--If 
                        the system is unable to respond immediately to 
                        the inquiry due to circumstances beyond the 
                        control of the system, the system shall--
                                    (I) advise the caller that the 
                                response of the system will be delayed 
                                and state the reasons for the delay and 
                                the estimated length of the delay; and
                                    (II) make every effort to provide 
                                the information required by 
                                subparagraph (A) within 8 hours after 
                                the licensee first contacted the system 
                                with respect to the transfer.
    (d) Correction of Erroneous System.--
            (1) Administrative procedures.--If the system established 
        under this section informs a licensee that receipt of a handgun 
        by a person would violate section 922 (g) or (n) of title 18, 
        United States Code, the person may request the system to 
        provide him or her in writing with a detailed explanation of 
        the reasons therefore. Within 5 days after receipt of such a 
        request, the system shall comply with the request. The 
        requestor may submit to the system information to correct, 
        clarify, or supplement records of the system with respect to 
        the requestor. Within 5 days after receipt of such information, 
        the system shall consider such information, investigate the 
        matter further, and correct all erroneous records relating to 
        the requestor and notify any department or agency of the United 
        States or of any State or political subdivision of a State that 
        was the source of the erroneous records or such errors.
            (2) Private cause of action.--After all administrative 
        remedies are exhausted and such records are not corrected, a 
        person disapproved for the purchase or receipt of a handgun 
        because the system established under this section provided 
        erroneous information relating to the person may bring an 
        action in any court of competent jurisdiction against the 
        United States, or any State or political subdivision of a State 
        that is the source of the erroneous information, for damages 
        (including consequential damages), injunctive relief, mandamus, 
        and such other relief as the court may deem appropriate. If the 
        person prevails in the action, the court shall allow the person 
        a reasonable attorney's fee as part of the costs.

SEC. 8. REPORTING OF CHILD ABUSE INFORMATION.

    (a) In General.--An authorized agency of a State shall report child 
abuse crime information to the Federal criminal background check 
system.
    (b) Provision of State Child Abuse Crime Records to the Federal 
Criminal Background Check System.-- Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall--
            (1) 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 online 
        capacity basis to the Federal criminal background check system;
            (2) establish guidelines for the reporting 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
            (3) notify each State of the determinations made pursuant 
        to subparagraphs (A) and (B).
    (c) Exchange of Information.--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 information and technical assistance in cases of child abuse.
    (d) Annual Summary.--The Attorney General shall publish an annual 
statistical summary of the child abuse crime information reported under 
this Act. The annual statistical summary shall not contain any 
information that may reveal the identity of any particular victim of a 
crime.
    (e) Annual Report.--The Attorney General shall publish an annual 
summary of each State's progress in reporting child abuse crime 
information to the Federal 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, 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 Committee on the 
Judiciary of the Senate and 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. 9. BACKGROUND CHECKS FOR CHILD CARE PROVIDERS.

    (a) In General.--
            (1) Procedures for making request for background check.--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 a provider is under indictment for, or has been 
        convicted of, a background check crime.
            (2) Access through national criminal background check 
        system.--The authorized agency shall access and review State 
        and Federal records of background check crimes through the 
        national criminal background check system and other criminal 
        justice record keeping systems and shall respond promptly to 
        the inquiry.
    (b) Guidelines.--
            (1) In general.--The Attorney General shall establish 
        guidelines for State background check procedures established 
        under subsection (a), including procedures for carrying out the 
        purposes of this Act.
            (2) Requirements.--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, date of 
                        birth, and social security number 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 deny the provider employment;
                    (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
                            (ii) to challenge the accuracy and 
                        completeness of any information contained in 
                        any such report;
                    (C) that an authorized agency to which a qualified 
                entity has provided notice pursuant to subsection (a) 
                make reasonable efforts to review available criminal 
                history records and respond to the qualified entity;
                    (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;
                            (ii) is not certain to include arrest 
                        information; and
                            (iii) should 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)--
                            (i) state whether the background check 
                        information set forth in the identification 
                        document required under subparagraph (A) is 
                        complete and accurate; and
                            (ii) be limited to the information 
                        reasonably required to accomplish the purposes 
                        of this Act;
                    (F) that no qualified entity may take action 
                adverse to a provider, except that the qualified entity 
                may choose to deny the provider employment 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; and
                    (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 providers;
                            (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, State employee or a 
                political subdivision of a State or employee thereof 
                responsible for providing information to the Federal 
                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.
    (c) Equivalent Procedures.--
            (1) Certification.--Notwithstanding anything to the 
        contrary in this Act, 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) Criteria.--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 Federal criminal background check 
        system.
    (d) Records Exchange.--The Attorney General may exchange Federal 
Bureau of Investigation identification records with authorized agencies 
for purposes of background checks under subsection (a) and may by 
regulation authorize further dissemination of such records by 
authorized agencies for such purposes.
    (e) Technology.--The Attorney General shall, to the maximum extent 
possible, encourage the use of the best technology available in 
conducting background checks.

SEC. 10. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.

    (a) Expedited Action by the Attorney General.--The Attorney General 
shall expedite--
            (1) the incorporation of the remaining State criminal 
        history records into the Federal criminal records systems 
        maintained by the Federal Bureau of Investigation; and
            (2) the development of hardware and software systems to 
        link State criminal history check systems into the National 
        Crime Information Center.

SEC. 11. ACCESS TO STATE CRIMINAL RECORDS.

    (a) Means of Communication.--Not later than 60 days after the date 
of enactment of this Act the Attorney General shall--
            (1) determine the type of computer hardware and software 
        that shall be used to operate the Federal criminal records 
        system and the means by which State criminal records system 
        shall communicate with the Federal system;
            (2) investigate the criminal records system of each State 
        and determine for each State the extent of such accessible 
        criminal records that each State shall be able to provide 
        thereafter to the Federal system by the effective date of 
        section 922(s) of title 18, United States Code, as added by 
        section 5; and
            (3) notify each State of the determination made pursuant to 
        paragraphs (1) and (2).
    (b) Federal System.--Not later than the effective date of section 
922(s) of title 18, United States Code, as added by section 5, the 
Attorney General shall provide to each State access to the Federal 
Crime Information Center, including the records of other States through 
a network, for the purpose of permitting the State to conduct instant 
criminal background checks required by that section.

SEC. 12. IMPROVEMENTS IN STATE RECORDS.

    (a) In General.--Section 509(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) 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 this Act with the Attorney 
        General for the purpose of implementing this Act.''.
    (b) Additional Funding.--Section 509 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3759) is amended 
by adding at the end the following new subsection:
    ``(e) In addition to other funds authorized in this Act, there are 
authorized to be appropriated for fiscal year 1994, to be available 
until expended, $21,000,000 for the purpose of implementing subsection 
(b)(4).''.
    (c) Withholding Funds.--
            (1) Effective on the effective date of section 922(s) of 
        title 18, United States Code, as added by section 5, the 
        Attorney General may refuse to make grants under title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 to a State 
        that does not establish and operate a State criminal background 
        check system in compliance with subsection (b)(1)(A) of this 
        section and section 922(s) of title 18, United States Code. No 
        State that receives funds pursuant to the Federal Criminal 
        Records Identification Act of 1993 may charge more than $3 per 
        transaction to check for the existence of a felony record of a 
        prospective purchaser of a handgun.
            (2) 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 this Act, and the portion of the 
        amounts that are appropriated for allocation to the States 
        under that title for that fiscal year that is equal to the 
        amount of the reduction shall thereby be rescinded.

SEC. 13. FUNDING OF STATE CRIMINAL RECORDS SYSTEMS AND DEDICATION OF 
              FUNDS.

    (a) Increase in Special Assessments.--Section 3013(a) of title 18, 
United States Code, is amended--
            (1) in paragraph (1)(A)(iii) by striking ``$25'' and 
        inserting ``$30'';
            (2) in paragraph (2)(A) by striking ``$50'' and inserting 
        ``$75''; and
            (3) in paragraph (2)(B) by striking ``$200'' and inserting 
        ``$250''.
    (b) Systems for Screening Child Care Providers and Handgun 
Purchasers and for Criminal Justice Purposes.--Notwithstanding any 
other law, $5 of each assessment collected under section 3013 
(a)(1)(A)(iii) of title 18, United States Code, $25 of each assessment 
collected under subsection (a)(2)(A) of that section, and $50 of each 
assessment collected under subsection (a)(2)(B) of that section shall 
be paid to the States, in proportion to the respective populations 
thereof, for the purposes of carrying out the Federal Criminal Records 
Identification Act of 1993.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
    (b) Limitation on Use.--No appropriation, grant, or fund authorized 
under this Act shall be used for any purpose other than the creation, 
maintenance, and operation of systems for access to criminal history 
records and screening systems for handgun purchasers and child care 
providers as provided in this Act.

                                 <all>

S 891 IS----2
S 891 IS----3