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






                                                       Calendar No. 386
107th CONGRESS
  2d 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 (for himself and Mr. Thurmond) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                              May 23, 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Child Protection 
Improvement Act''.</DELETED>

<DELETED>SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER AND 
              PROVIDER SCREENING.</DELETED>

<DELETED>    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:</DELETED>

    <DELETED>``TITLE VI--NATIONAL CENTER ON VOLUNTEER AND PROVIDER 
                          SCREENING</DELETED>

<DELETED>``SEC. 601. SHORT TITLE.</DELETED>

<DELETED>    ``This title may be cited as the `National Child 
Protection Improvement Act'.</DELETED>

<DELETED>``SEC. 602. FINDINGS.</DELETED>

<DELETED>    ``Congress finds the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Millions more adults, both the elderly and 
        individuals with disabilities, are served by public and private 
        voluntary organizations.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Estimates of the incidence of child sexual 
        abuse in child care settings, foster care homes, and schools, 
        range from 1 to 7 percent.</DELETED>
        <DELETED>    ``(5) Abuse traumatizes the victims and shakes 
        public trust in care providers and organizations serving 
        vulnerable populations.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 603. DEFINITIONS.</DELETED>

<DELETED>    ``In this Act--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the term `volunteer provider' means a person 
        who volunteers or seeks to volunteer with a qualified 
        entity;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(5) the term `child' means a person who is under 
        the age of 18;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(7) the term `State' has the same meaning as 
        that provided in section 5(11) of the National Child Protection 
        Act of 1993; and</DELETED>
        <DELETED>    ``(8) the term `care' means the provision of care, 
        treatment, education, training, instruction, supervision, or 
        recreation to children, the elderly, or individuals with 
        disabilities.</DELETED>

<DELETED>``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER 
              AND PROVIDER SCREENING.</DELETED>

<DELETED>    ``(a) In General.--The Attorney General, by agreement with 
a national nonprofit organization or by designating an agency within 
the Department of Justice, shall--</DELETED>
        <DELETED>    ``(1) establish a national center for volunteer 
        and provider screening designed--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) to promptly access and review 
                Federal and State criminal history records and 
                registries through the national criminal history 
                background check system--</DELETED>
                        <DELETED>    ``(i) at no cost to a qualified 
                        entity for checks on volunteer providers; 
                        and</DELETED>
                        <DELETED>    ``(ii) at minimal cost to 
                        qualified entities for checks on non-volunteer 
                        providers;</DELETED>
                <DELETED>with cost for screening non-volunteer 
                providers will be determined by the National Task 
                Force;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) include--</DELETED>
                        <DELETED>    ``(i) 2 members each of--
                        </DELETED>
                                <DELETED>    ``(I) the Federal Bureau 
                                of Investigation;</DELETED>
                                <DELETED>    ``(II) the Department of 
                                Justice;</DELETED>
                                <DELETED>    ``(III) the Department of 
                                Health and Human Services;</DELETED>
                                <DELETED>    ``(IV) representatives of 
                                State Law Enforcement 
                                organizations;</DELETED>
                                <DELETED>    ``(V) national 
                                organizations representing private 
                                nonprofit qualified entities using 
                                volunteers to serve the elderly; 
                                and</DELETED>
                                <DELETED>    ``(VI) national 
                                organizations representing private 
                                nonprofit qualified entities using 
                                volunteers to serve individuals with 
                                disabilities; and</DELETED>
                        <DELETED>    ``(ii) 4 members of national 
                        organizations representing private nonprofit 
                        qualified entities using volunteers to serve 
                        children;</DELETED>
                <DELETED>to be appointed by the Attorney General; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Availability.--Sums appropriated under this section 
shall remain available until expended.''.</DELETED>

<DELETED>SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD 
              PROTECTION ACT OF 1993.</DELETED>

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

<DELETED>``SEC. 3. NATIONAL BACKGROUND CHECKS.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) states whether the provider or 
                volunteer has a criminal record, and, if so, sets out 
                the particulars of such record;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) notifies the provider or volunteer 
                of his right to correct an erroneous record held by the 
                FBI or the National Center.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) obtain a copy of their criminal 
                history record report; and</DELETED>
                <DELETED>    ``(B) challenge the accuracy and 
                completeness of the criminal history record information 
                in the report.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Guidance by the National Task Force.--The National 
Task Force, chaired by the Attorney General shall--</DELETED>
        <DELETED>    ``(1) encourage the use, to the maximum extent 
        possible, of the best technology available in conducting 
        criminal background checks; and</DELETED>
        <DELETED>    ``(2) provide guidelines concerning standards to 
        guide the National Center in making fitness determinations 
        concerning care providers based upon criminal history record 
        information.</DELETED>
<DELETED>    ``(c) Limitations of Liability.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) purchase electric fingerprint imaging machines 
        for use throughout the State to send fingerprint images to the 
        National Center to conduct background checks.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Availability.--Sums appropriated under this 
        section shall remain available until expended.</DELETED>

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 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) 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 
        States and 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 shall--
            ``(1) establish a national center for volunteer and 
        provider screening which shall--
                    ``(A) 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) 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 nonvolunteer providers, 
                        to be determined by the National Task Force, 
                        although fees for checks on nonvolunteer 
                        providers should not be less than the actual 
                        cost, including disposition location, not to 
                        exceed $18;
                    ``(C) 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) 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
                    ``(E) establish and publicize a toll-free telephone 
                number for qualified entities to call to determine 
                which governmental agency processes background check 
                requests in their jurisdiction; and
            ``(2) establish a National Volunteer Screening Task Force 
        (referred to in this title as the `Task Force') to be a 
        committee of the Compact Council to be chaired by a member 
        determined by the Task Force which shall--
                    ``(A) include--
                            ``(i) 1 member of the Federal Bureau of 
                        Investigation;
                            ``(ii) 1 member of the Department of 
                        Justice;
                            ``(iii) 1 member of the Department of 
                        Health and Human Services;
                            ``(iv) 2 representatives of State 
                        identification bureaus;
                            ``(v) 2 members of national organizations 
                        representing private nonprofit qualified 
                        entities using volunteers to serve the elderly;
                            ``(vi) 2 members of national organizations 
                        representing private nonprofit qualified 
                        entities using volunteers to serve individuals 
                        with disabilities;
                            ``(vii) 4 members of national organizations 
                        representing private nonprofit qualified 
                        entities using volunteers to serve children; 
                        and
                            ``(viii) 1 member of national organizations 
                        representing local law enforcement agencies;
                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. CERTIFICATION REVIEW BY THE NATIONAL CENTER.

    The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) 
is amended--
            (1) by redesignating sections 3 through 5 as sections 4 
        through 6, respectively; and
            (2) by adding after section 2 the following:

``SEC. 3. CERTIFICATION REVIEW BY THE NATIONAL CENTER.

    ``(a) In General.--Six months after the date of enactment of this 
section, the National Center shall issue a certification review that--
            ``(1) measures the extent of State participation in the 
        national background check procedures governed by the National 
        Child Protection Act and the Volunteers for Children Act; and
            ``(2) designates States either as participating or not 
        participating for certain purposes in these procedures.
    ``(b) Qualified Entities.--A qualified entity doing business in a 
State and for purposes designated as not participating by the National 
Center may request nationwide background checks directly from the 
National Center.
    ``(c) Updating and Review.--
            ``(1) Updating.--The certification review required by this 
        section shall be updated and issued annually.
            ``(2) Review.--A State that has been designated as not 
        participating for certain purposes may apply to the National 
        Center, for purposes of a subsequent certification review, to 
        be designated as participating for those purposes based on new 
        State law, practices, or procedures.
    ``(d) Definitions.--In this section:
            ``(1) Not participating.--The term `not participating' 
        means a State where--
                    ``(A) requests for nationwide background checks are 
                routinely not returned to the qualified entity within 
                15 business days;
                    ``(B) authorized agencies charge more than $18 for 
                State background checks;
                    ``(C) authorized agencies have not been designated 
                to receive nationwide background checks from qualified 
                entities; or
                    ``(D) qualified entities have not been designated 
                to submit background check requests to authorized 
                agencies.
            ``(2) Routinely.--The term `routinely' means instances 
        where 15 percent or more of nationwide background check 
requests are not returned within 15 business days.''.

SEC. 4. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT 
              OF 1993.

    Section 4 of the National Child Protection Act of 1993 (42 U.S.C. 
5119a), as redesignated by section 3 of this Act, 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 and 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 obtain a copy of the 
        criminal history record report for the sole purpose of 
        challenging the accuracy and completeness of 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. The National Center 
        shall forward this complete information to the FBI.
            ``(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 or favorable 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 accuracy, inaccuracy, completeness, or incompleteness of 
        the information.
    ``(d) Fees.--
            ``(1) Participating jurisdiction.--In a State designated as 
        a participating jurisdiction pursuant to the certification 
        review conducted by the National Center under section 3, the 
        National Center shall not collect a fee for conducting 
        nationwide criminal history background checks on--
                    ``(A) a person who volunteers with a qualified 
                entity; or
                    ``(B) a person who is employed by a qualified 
                entity that provides care, treatment, education, 
                training, instruction, supervision, or recreation to 
                children, the elderly, or individuals with 
                disabilities.
            ``(2) Volunteers.--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 paragraph 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. 5. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO STRENGTHEN 
              CRIMINAL DATA REPOSITORIES AND FINGERPRINT TECHNOLOGY.

    (a) Establishment.--The Attorney General shall establish a model 
program 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.

SEC. 6. 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.''.

SEC. 7. 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 2003; and
            (2) such sums as may be necessary for fiscal years 2004, 
        2005, 2006, and 2007.




                                                       Calendar No. 386

107th CONGRESS

  2d Session

                                S. 1868

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 23, 2002

                       Reported with an amendment