[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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