[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3220 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3220

To amend sections 3 and 5 of the National Child Protection Act of 1993, 
relating to national criminal history background checks of providers of 
   care to children, elderly persons, and persons with disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 19 (legislative day, September 22), 2000

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

_______________________________________________________________________

                                 A BILL


 
To amend sections 3 and 5 of the National Child Protection Act of 1993, 
relating to national criminal history background checks of providers of 
   care to children, elderly persons, and persons with disabilities.

    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 Amendments 
Act of 2000''.

SEC. 2. RELATIONSHIP TO STATE STATUTES.

    The amendments made by this Act shall not affect the validity of 
any State statute dealing with criminal history background checks of 
care providers enacted in compliance with Public Law 92-544 before, on, 
or after the date of enactment of this Act.

SEC. 3. FACILITATION OF BACKGROUND CHECKS.

    (a) In General.--Section 3 of the National Child Protection Act of 
1993 (42 U.S.C. 5119a) is amended to read as follows:

``SEC. 3. FACILITATION OF BACKGROUND CHECKS.

    ``(a) In General.--
            ``(1) Background checks.--A qualified entity designated by 
        a State may contact an authorized agency of the State to obtain 
        a fingerprint-based national criminal history background check 
        (referred to in this section as a `background check') of a 
        provider who provides care to children, the elderly, or 
        individuals with disabilities (referred to in this section as a 
        `provider').
            ``(2) Procedures.--
                    ``(A) Submission.--A request for background check 
                pursuant to this section shall be submitted through a 
                State criminal history record repository.
                    ``(B) Duties of repository.--After receipt of a 
                request under subparagraph (A), the State criminal 
                history record repository shall--
                            ``(i) conduct a search of the State 
                        criminal history record system and, if 
                        necessary, forward the request, together with 
                        the fingerprints of the provider, to the 
                        Federal Bureau of Investigation; and
                            ``(ii) make a reasonable effort to respond 
                        to the qualified entity within 15 business days 
                        after the date on which the request is 
                        submitted.
            ``(3) National crime prevention and privacy compact.--Each 
        background check pursuant to this section shall be conducted 
        pursuant to the National Crime Prevention and Privacy Compact.
    ``(b) Guidelines.--
            ``(1) In general.--In order to conduct background checks 
        pursuant to this section, a State shall--
                    ``(A) establish or designate 1 or more authorized 
                agencies to perform the duties required by this 
                section, including the designation of qualified 
                entities; and
                    ``(B) establish the procedures described in 
                paragraph (2).
            ``(2) Procedures.--The procedures described in this 
        paragraph are procedures that require--
                    ``(A) a qualified entity that requests a background 
                check pursuant to this section to forward to the 
                authorized agency the fingerprints of the provider and 
                to obtain a statement completed and signed by the 
                provider that--
                            ``(i) sets out the name, address, and date 
                        of birth of the provider appearing on a valid 
                        identification document (as defined in section 
                        1028 of title 18, United States Code);
                            ``(ii) states whether the provider has a 
                        criminal history record and, if so, sets out 
                        the particulars of such record;
                            ``(iii) notifies the provider that the 
                        qualified entity may request a background check 
                        and that the signature of the provider to the 
                        statement constitutes an acknowledgement that 
                        such a check may be conducted and explains the 
                        uses and disclosures that may be made of the 
                        results of the background check;
                            ``(iv) notifies the provider that pending 
                        the completion of the background check the 
                        provider may be denied unsupervised access to 
                        children, the elderly, or disabled persons with 
                        respect to which the provider intends to 
                        provide care; and
                            ``(v) notifies the provider of the rights 
                        of the provider under subparagraph (B);
                    ``(B) that each provider who is the subject of a 
                background check pursuant to this section be provided 
                with an opportunity to contact the authorized agency 
                and initiate a process to--
                            ``(i) obtain a copy of the criminal history 
                        record; and
                            ``(ii) file a challenge with the authorized 
                        agency, but only as to the accuracy and 
                        completeness of the criminal history record 
                        information in the report, and obtain a prompt 
                        determination of the challenge before a final 
                        adverse fitness determination is made on the 
                        basis of the criminal history record 
                        information in the report;
                    ``(C) an authorized agency that receives a criminal 
                history record report that lacks disposition 
                information to conduct research in available State and 
                local recordkeeping systems to obtain complete 
                information, to the extent possible considering 
available personnel and resources;
                    ``(D) the authorized agency to either--
                            ``(i) make a determination regarding 
                        whether the criminal history record information 
                        received in response to the background check 
                        indicates that the provider has a criminal 
                        history record that renders the provider unfit 
                        to provide care to children, the elderly, or 
                        individuals with disabilities and convey that 
                        determination to the qualified entity; or
                            ``(ii) provide some or all of such criminal 
                        history record information to the qualified 
                        entity for use by the qualified entity in 
                        making a fitness determination concerning the 
                        provider; and
                    ``(E) a qualified entity that receives criminal 
                history record information concerning a provider in 
                response to a background check pursuant to this section 
                to--
                            ``(i) adhere to a standard of reasonable 
                        care concerning the security and 
                        confidentiality of the information and the 
                        privacy rights of the provider; and
                            ``(ii) require the qualified entity to make 
                        a copy of the criminal history record 
                        available, upon request, to the provider, and 
                        prohibit such entity from retaining criminal 
                        history record information for any period 
                        longer than necessary for a final fitness 
                        determination.
            ``(3) Retention of information.--The statement required 
        under paragraph (2)(A)--
                    ``(A) may be forwarded by the qualified entity to 
                the authorized agency or retained by the qualified 
                entity; and
                    ``(B) shall be retained by such agency or entity, 
                as appropriate, for not less than 1 year.
    ``(c) Guidance by the Attorney General.--The Attorney General 
shall--
            ``(1) to the maximum extent practicable, encourage the use 
        of the best technology available in conducting background 
        checks pursuant to this section; and
            ``(2) provide guidance to the States concerning the 
        voluntary adoption by the States of standards to guide 
        authorized agencies and qualified entities in making fitness 
        determinations concerning providers based upon criminal history 
        record information.
    ``(d) Penalty.--Any officer, employee, or authorized representative 
of a qualified entity who knowingly and willfully--
            ``(1) requests or obtains any criminal history record 
        information pursuant to this section under false pretenses; or
            ``(2) uses criminal history record information for a 
        purpose not authorized by this section,
shall be guilty of a misdemeanor and fined not more than $5,000.
    ``(e) Limitations on Liability.--
            ``(1) Liability of qualified entities.--
                    ``(A) Failure to request background check.--A 
                qualified entity shall not be liable in an action for 
                damages solely for the failure of such entity to 
                request a background check on a provider.
                    ``(B) Willful violations.--A qualified entity shall 
                not be liable in an action for damages for violating 
                any provision of this section, unless such violation is 
                knowing and willful.
                    ``(C) Reasonable care standard.--A qualified entity 
                that exercises reasonable care for the security, 
                confidentiality, and privacy of criminal history record 
                information received in response to a background check 
                pursuant to this section shall not be liable in an 
                action for damages.
            ``(2) Liability of governmental entities.--A State or 
        political subdivision thereof, or any agency, officer, or 
        employee thereof, shall not be liable in an action for damages 
        for the failure of a qualified entity (other than itself) to 
        take action adverse with respect to a provider who was the 
        subject of a background check.
            ``(3) Reliance on information.--An authorized agency or a 
        qualified entity that reasonably relies on criminal history 
        record information received in response to a background check 
        pursuant to this section shall not be liable in an action for 
        damages based upon the inaccuracy or incompleteness of the 
        information.
    ``(f) Fees.--
            ``(1) Limitation.--In the case of a background check 
        pursuant to a State requirement adopted after December 20, 
        1993, conducted with fingerprints on a person who volunteers 
        with a qualified entity, the fees collected by authorized State 
        agencies and the Federal Bureau of Investigation may not exceed 
        $18, respectively, or the actual cost, whichever is less, of 
        the background check conducted with fingerprints.
            ``(2) State fee systems.--The States shall establish fee 
        systems that ensure that fees to nonprofit entities for 
        background checks do not discourage volunteers from 
        participating in child care programs.
            ``(3) Authority of federal bureau of investigation.--This 
        subsection shall not affect the authority of the Federal Bureau 
        of Investigation or the States to collect fees for conducting 
        background checks of persons who are employed as or apply for 
        positions as paid care providers.''.
    (b) Authorization of Appropriations; Conforming Amendments.--
Section 4 of the National Child Protection Act of 1993 (42 U.S.C. 
5119b) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively; and
            (2) in subsection (a), as redesignated--
                    (A) in paragraph (1)--
                            (i) in each of subparagraphs (C) and (D), 
                        by striking ``national criminal history 
                        background check system'' and inserting 
                        ``criminal history record repository''; and
                            (ii) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) to assist the State in offsetting the costs 
                to qualified entities of background checks under 
                section 3 on volunteer providers.''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated for grants under paragraph (1)--
                    ``(A) $80,000,000 for fiscal year 2001; and
                    ``(B) such sums as may be necessary for each of 
                fiscal years 2002 through 2005.''.

SEC. 4. DEFINITIONS.

    Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 
5119c) is amended--
            (1) by striking paragraph (8);
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) the term `criminal history record repository' means 
        the State agency designated by the Governor or other executive 
        official of a State, or by the legislature of a State, to 
        perform centralized recordkeeping functions for criminal 
        history records and services in the State;''; and
            (4) in paragraph (9)--
                    (A) in subparagraph (A)(iii)--
                            (i) by inserting ``or to an elderly person 
                        or person with a disability'' after ``to a 
                        child''; and
                            (ii) by striking ``child care'' and 
                        inserting ``care''; and
                    (B) in subparagraph (B)(iii)--
                            (i) by inserting ``or to an elderly person 
                        or person with a disability'' after ``to a 
                        child''; and
                            (ii) by striking ``child care'' and 
                        inserting ``care''.
                                 <all>