[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1830
To amend sections 3, 4, 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, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 14, 2001
Mr. DeWine introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend sections 3, 4, 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, 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 Amendments
Act of 2001''.
SEC. 2. 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) In general.--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').
``(B) Definition.--In this paragraph, the term
`fingerprint-based' means based upon fingerprints or
other biometric identification characteristics approved
under rules applicable to the Interstate Identification
Index System as defined in Article I (13) of the
National Crime Prevention and Privacy Compact.
``(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
received.
``(C) Duties of the fbi.--Upon receiving a request
from a State repository under this section, the FBI
shall--
``(i) conduct a search of its criminal
history record system; and
``(ii) make a reasonable effort to respond
to the State repository or the qualified entity
within 5 business days after the date on which
the request is received.
``(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 one or more authorized
agencies to perform the duties required by this
section, including the designation of qualified
entities; and
``(B) establish procedures requiring that--
``(i) a qualified entity that requests a
background check pursuant to this section shall
forward to the authorized agency the
fingerprints of the provider and shall 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 background 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);
``(ii) each provider who is the subject of
an adverse fitness determination based on a
background check pursuant to this section shall
be provided with an opportunity to contact the
authorized agency and initiate a process to--
``(I) obtain a copy of the criminal
history record upon which the
determination was based; and
``(II) file a challenge with the
State repository or, if appropriate,
the FBI, concerning 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;
``(iii) an authorized agency that receives
a criminal history record report that lacks
disposition information shall make appropriate
inquiries to available State and local
recordkeeping systems to obtain complete
information, to the extent possible considering
available personnel and resources;
``(iv) an authorized agency that receives
the results of a background check conducted
under this section shall 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
``(v) a qualified entity that receives
criminal history record information concerning
a provider in response to a background check
pursuant to this section--
``(I) shall adhere to a standard of
reasonable care concerning the security
and confidentiality of the information
and the privacy rights of the provider;
``(II) shall make a copy of the
criminal history record available, upon
request, to the provider; and
``(III) shall not retain the
criminal history record information for
any period longer than necessary for a
final fitness determination concerning
the subject of the information.
``(2) Retention of information.--The statement required
under paragraph (1)(B)(i)--
``(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
to the maximum extent practicable, encourage the use of the best
technology available in conducting background checks pursuant to this
section.
``(d) Guidance by the National Crime Prevention and Privacy Compact
Council.--
``(1) In general.--The Compact Council shall provide
guidance to States to ensure that national background checks
conducted under this section comply with the National Crime
Prevention and Privacy Compact and shall provide guidance to
authorized agencies to assist them in performing their duties
under this section.
``(2) Model fitness standards.--The guidance under
paragraph (1) shall include model fitness standards for
particular types of providers, which may be adopted voluntarily
by States for use by authorized agencies in making fitness
determinations.
``(3) NCPA care provider committee.--In providing the
guidance under paragraph (1), the Compact Council shall create
a permanent NCPA Care Provider Committee which shall include,
but not be limited to, representatives of national
organizations representing private nonprofit qualified entities
using volunteers to provide care to children, the elderly, or
individuals with disabilities.
``(4) Reports.--At least annually, the Compact Council
shall report to the President and Congress with regard to
national background checks of providers conducted pursuant to
the NCPA.
``(e) 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.
``(f) 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 adverse action 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.
``(g) 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 effect 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.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; CONFORMING AMENDMENTS.
(a) Funding for Improvement of Child Abuse Crime Information.--
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.''.
(b) Funding for Compact Council.--There are authorized to be
appropriated to the Federal Bureau of Investigation to support the
activities of the National Crime Prevention and Privacy Compact
Council--
(1) $1,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for 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''.
SEC. 5. AMENDMENT TO NATIONAL CRIMINAL HISTORY ACCESS AND CHILD
PROTECTION ACT.
Section 215 of the National Criminal History Access and Child
Protection Act is amended by--
(1) striking subsection (b) and inserting the following:
``(b) Direct Access to Certain Records Not Affected.--Nothing in
the Compact shall affect any direct terminal access to the III System
provided prior to the effective date of the Compact under the
following:
``(1) Section 9101 of title 5, United States Code.
``(2) The Brady Handgun Violence Prevention Act (Public Law
103-159; 107 Stat. 1536).
``(3) The Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322; 108 Stat. 2074) or any amendments
made by that Act.
``(4) The United States Housing Act of 1937 (42 U.S.C. 1437
et seq.).
``(5) The Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.).
``(6) Any direct terminal access to Federal criminal
history records authorized by law.''; and
(2) in subsection (c) by inserting after the period at the
end thereof the following: ``Criminal history records
disseminated by the FBI pursuant to such Act by means of the
III System shall be subject to the Compact.''.
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