[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1868 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1868

 To establish a national center on volunteer and provider screening to 
reduce sexual and other abuse of children, the elderly, and individuals 
                           with disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

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

_______________________________________________________________________

                                 A BILL


 
 To establish a national center on volunteer and provider screening to 
reduce sexual and other abuse of children, the elderly, and individuals 
                           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 
Improvement Act''.

SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER AND PROVIDER 
              SCREENING.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended by adding at the end the following:

    ``TITLE VI--NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING

``SEC. 601. SHORT TITLE.

    ``This title may be cited as the `National Child Protection 
Improvement Act'.

``SEC. 602. FINDINGS.

    ``Congress finds the following:
            ``(1) More than 87,000,000 children are involved each year 
        in activities provided by child and youth organizations which 
        depend heavily on volunteers to deliver their services.
            ``(2) Millions more adults, both the elderly and 
        individuals with disabilities, are served by public and private 
        voluntary organizations.
            ``(3) The vast majority of activities provided to children, 
        the elderly, and individuals with disabilities by public and 
        private nonprofit agencies and organizations result in the 
        delivery of much needed services in safe environments that 
        could not be provided without the assistance of virtually 
        millions of volunteers, but abuses do occur.
            ``(4) Estimates of the incidence of child sexual abuse in 
        child care settings, foster care homes, and schools, range from 
        1 to 7 percent.
            ``(5) Abuse traumatizes the victims and shakes public trust 
        in care providers and organizations serving vulnerable 
        populations.
            ``(6) Congress has acted to address concerns about this 
        type of abuse through the National Child Protection Act of 1993 
        and the Violent Crime Control Act of 1994 to set forth a 
        framework for screening through criminal record checks of care 
        providers, including volunteers who work with children, the 
        elderly, and individuals with disabilities. Unfortunately, 
        problems regarding the safety of these vulnerable groups still 
        remain.
            ``(7) While State screening is sometimes adequate to 
        conduct volunteer background checks, more extensive national 
        criminal history checks using fingerprints or other means of 
        positive identification are often advisable, as a prospective 
        volunteer or nonvolunteer provider may have lived in more than 
        one State.
            ``(8) The high cost of fingerprint background checks is 
        unaffordable for organizations that use a large number of 
        volunteers and, if passed on to volunteers, often discourages 
        their participation.
            ``(9) The current system of retrieving national criminal 
        background information on volunteers through an authorized 
        agency of the State is cumbersome and often requires months 
        before vital results are returned.
            ``(10) In order to protect children, volunteer agencies 
        must currently depend on a convoluted, disconnected, and 
        sometimes duplicative series of checks that leave children at 
        risk.
            ``(11) A national volunteer and provider screening center 
        is needed to protect vulnerable groups by providing effective, 
        efficient national criminal history background checks of 
        volunteer providers at no-cost, and at minimal-cost for 
        employed care providers.

``SEC. 603. DEFINITIONS.

    ``In this Act--
            ``(1) the term `qualified entity' means a business or 
        organization, whether public, private, for-profit, not-for-
        profit, or voluntary, that provides care or care placement 
        services, including a business or organization that licenses or 
        certifies others to provide care or care placement services 
        designated by the National Task Force;
            ``(2) the term `volunteer provider' means a person who 
        volunteers or seeks to volunteer with a qualified entity;
            ``(3) the term `provider' means a person who is employed by 
        or volunteers or who seeks to be employed by or volunteer with 
        a qualified entity, who owns or operates a qualified entity, or 
        who has or may have unsupervised access to a child to whom the 
        qualified entity provides care;
            ``(4) the term `national criminal background check system' 
        means the criminal history record system maintained by the 
        Federal Bureau of Investigation based on fingerprint 
        identification or any other method of positive identification;
            ``(5) the term `child' means a person who is under the age 
        of 18;
            ``(6) the term `individuals with disabilities' has the same 
        meaning as that provided in section 5(7) of the National Child 
        Protection Act of 1993;
            ``(7) the term `State' has the same meaning as that 
        provided in section 5(11) of the National Child Protection Act 
        of 1993; and
            ``(8) the term `care' means the provision of care, 
        treatment, education, training, instruction, supervision, or 
        recreation to children, the elderly, or individuals with 
        disabilities.

``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER AND 
              PROVIDER SCREENING.

    ``(a) In General.--The Attorney General, by agreement with a 
national nonprofit organization or by designating an agency within the 
Department of Justice, shall--
            ``(1) establish a national center for volunteer and 
        provider screening designed--
                    ``(A) to serve as a point of contact for qualified 
                entities to request a nationwide background check for 
                the purpose of determining whether a volunteer provider 
                or provider has been arrested for or convicted of a 
                crime that renders the provider unfit to have 
                responsibilities for the safety and well-being of 
                children, the elderly, or individuals with 
                disabilities;
                    ``(B) to promptly access and review Federal and 
                State criminal history records and registries through 
                the national criminal history background check system--
                            ``(i) at no cost to a qualified entity for 
                        checks on volunteer providers; and
                            ``(ii) at minimal cost to qualified 
                        entities for checks on non-volunteer providers;
                with cost for screening non-volunteer providers will be 
                determined by the National Task Force;
                    ``(C) to provide the determination of the criminal 
                background check to the qualified entity requesting a 
                nationwide background check after not more than 15 
                business days after the request;
                    ``(D) to serve as a national resource center and 
                clearinghouse to provide State and local governments, 
                public and private nonprofit agencies and individuals 
                with information regarding volunteer screening; and
            ``(2) establish a National Volunteer Screening Task Force 
        (referred to in this title as the `Task Force') to be chaired 
        by the Attorney General which shall--
                    ``(A) include--
                            ``(i) 2 members each of--
                                    ``(I) the Federal Bureau of 
                                Investigation;
                                    ``(II) the Department of Justice;
                                    ``(III) the Department of Health 
                                and Human Services;
                                    ``(IV) representatives of State Law 
                                Enforcement organizations;
                                    ``(V) national organizations 
                                representing private nonprofit 
                                qualified entities using volunteers to 
                                serve the elderly; and
                                    ``(VI) national organizations 
                                representing private nonprofit 
                                qualified entities using volunteers to 
                                serve individuals with disabilities; 
                                and
                            ``(ii) 4 members of national organizations 
                        representing private nonprofit qualified 
                        entities using volunteers to serve children;
                to be appointed by the Attorney General; and
                    ``(B) oversee the work of the Center and report at 
                least annually to the President and Congress with 
                regard to the work of the Center and the progress of 
                the States in complying with the provisions of the 
                National Child Protection Act of 1993.

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--To carry out the provisions of this title, there 
are authorized to be appropriated $80,000,000 for fiscal year 2003 and 
$25,000,000 for each of the fiscal years 2004, 2005, 2006, and 2007, 
sufficient to provide no-cost background checks of volunteers working 
with children, the elderly, and individuals with disabilities.
    ``(b) Availability.--Sums appropriated under this section shall 
remain available until expended.''.

SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT 
              OF 1993.

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

``SEC. 3. NATIONAL BACKGROUND CHECKS.

    ``(a) In General.--Requests for national background checks under 
this section shall be submitted to the National Center for Volunteer 
Screening which shall conduct a search using the Integrated Automated 
Fingerprint Identification System, or other criminal record checks 
using reliable means of positive identification subject to the 
following conditions:
            ``(1) A qualified entity requesting a national criminal 
        history background check under this section shall forward to 
        the National Center the provider's fingerprints or other 
        identifying information, and shall obtain a statement completed 
        and signed by the provider that--
                    ``(A) sets out the provider or volunteer's name, 
                address, date of birth appearing on a valid 
                identification document as defined in section 1028 of 
                title 18, United States Code, and a photocopy of the 
                valid identifying document;
                    ``(B) states whether the provider or volunteer has 
                a criminal record, and, if so, sets out the particulars 
                of such record;
                    ``(C) notifies the provider or volunteer that the 
                National Center for Volunteer Screening may perform a 
                criminal history background check and that the 
                provider's signature to the statement constitutes an 
                acknowledgement that such a check may be conducted;
                    ``(D) notifies the provider or volunteer that prior 
                to and after the completion of the background check, 
                the qualified entity may choose to deny the provider 
                access to children or elderly or persons with 
                disabilities; and
                    ``(E) notifies the provider or volunteer of his 
                right to correct an erroneous record held by the FBI or 
                the National Center.
            ``(2) Statements obtained pursuant to paragraph (1) and 
        forwarded to the National Center shall be retained by the 
        qualified entity or the National Center for at least 2 years.
            ``(3) Each provider or volunteer who is the subject of a 
        criminal history background check under this section is 
entitled to contact the National Center to initiate procedures to--
                    ``(A) obtain a copy of their criminal history 
                record report; and
                    ``(B) challenge the accuracy and completeness of 
                the criminal history record information in the report.
            ``(4) The National Center receiving a criminal history 
        record information that lacks disposition information shall, to 
        the extent possible, contact State and local recordkeeping 
        systems to obtain complete information.
            ``(5) The National Center shall make a determination 
        whether the criminal history record information received in 
        response to the national 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 based upon criteria established 
        by the National Task Force on Volunteer Screening, and will 
        convey that determination to the qualified entity.
    ``(b) Guidance by the National Task Force.--The National Task 
Force, chaired by the Attorney General shall--
            ``(1) encourage the use, to the maximum extent possible, of 
        the best technology available in conducting criminal background 
        checks; and
            ``(2) provide guidelines concerning standards to guide the 
        National Center in making fitness determinations concerning 
        care providers based upon criminal history record information.
    ``(c) Limitations of Liability.--
            ``(1) In general.--A qualified entity shall not be liable 
        in an action for damages solely for failure to request a 
        criminal history background check on a provider, nor shall a 
        State or political subdivision thereof nor any agency, officer 
        or employee thereof, be liable in an action for damages for the 
        failure of a qualified entity (other than itself) to take 
        action adverse to a provider who was the subject of a criminal 
        background check.
            ``(2) Reliance.--The National Center 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.
    ``(d) Fees.--In the case of a background check pursuant to a State 
requirement adopted after December 20, 1993, conducted through the 
National Center using the fingerprints or other identifying information 
of a person who volunteers with a qualified entity shall be free of 
charge. This subsection shall not affect the authority of the FBI, the 
National Center, or the States to collect reasonable fees for 
conducting criminal history background checks of providers who are 
employed as or apply for positions as paid employees.''.

SEC. 4. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO STRENGTHEN 
              CRIMINAL DATA REPOSITORIES AND FINGERPRINT TECHNOLOGY.

    (a) Establishment.--A model program shall be established in each 
State and the District of Columbia for the purpose of improving 
fingerprinting technology which shall grant to each State $50,000 to 
either--
            (1) purchase Live-Scan fingerprint technology and a State-
        vehicle to make such technology mobile and these mobile units 
        shall be used to travel within the State to assist in the 
        processing of fingerprint background checks; or
            (2) purchase electric fingerprint imaging machines for use 
        throughout the State to send fingerprint images to the National 
        Center to conduct background checks.
    (b) Additional Funds.--In addition to funds provided in subsection 
(a), $50,000 shall be provided to each State and the District of 
Columbia to hire personnel to--
            (1) provide information and training to each county law 
        enforcement agency within the State regarding all National 
        Child Protection Act requirements for input of criminal and 
        disposition data into the national criminal history background 
        check system; and
            (2) provide an annual summary to the National Task Force of 
        the State's progress in complying with the criminal data entry 
        provisions of the National Child Protection Act of 1993 which 
        shall include information about the input of criminal data, 
        child abuse crime information, domestic violence arrests and 
        stay-away orders of protection.
    (c) Authorization of Appropriations.--
            (1) In general.--To carry out the provisions of this 
        section, there are authorized to be appropriated a total of 
        $5,100,000 for fiscal year 2003 and such sums as may be 
        necessary for each of the fiscal years 2004, 2005, 2006, and 
        2007, sufficient to improve fingerprint technology units and 
        hire data entry improvement personnel in each of the 50 States 
        and the District of Columbia.
            (2) Availability.--Sums appropriated under this section 
        shall remain available until expended.
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