[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2756 Reported in Senate (RS)]






                                                       Calendar No. 904
110th CONGRESS
  2d Session
                                S. 2756

   To amend the National Child Protection Act of 1993 to establish a 
                   permanent background check system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2008

   Mr. Biden (for himself, Mr. Hatch, Mr. Specter, Mr. Johnson, Mrs. 
McCaskill, Mr. Isakson, Mr. Ensign, Mrs. Dole, Mrs. Feinstein, and Mr. 
   Coleman) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

               April 1 (legislative day, March 13), 2008

    Committee discharged; referred to the Committee on the Judiciary

                             July 28, 2008

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

_______________________________________________________________________

                                 A BILL


 
   To amend the National Child Protection Act of 1993 to establish a 
                   permanent background check system.

    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 ``Child Protection 
Improvements Act of 2008''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) In 2006, 61,200,000 adults (a total of 26.7 
        percent of the population) contributed a total of 8,100,000,000 
        hours of volunteer service. Of those who volunteer, 27 percent 
        dedicate their service to education or youth programs, or a 
        total of 16,500,000 adults.</DELETED>
        <DELETED>    (2) Assuming recent incarceration rates remain 
        unchanged, an estimated 6.6 percent of individuals in the 
        United States will serve time in prison for a crime during 
        their lifetime. The Integrated Automated Fingerprint 
        Identification System of the Federal Bureau of Investigation 
        maintains fingerprints and criminal histories on more than 
        47,000,000 individuals, many of whom have been arrested or 
        convicted multiple times.</DELETED>
        <DELETED>    (3) A study released in 2002, found that, of 
        individuals released from prison in 15 States in 1994, an 
        estimated 67.5 percent were rearrested for a felony or serious 
        misdemeanor within 3 years. Three-quarters of those new arrests 
        resulted in convictions or a new prison sentence.</DELETED>
        <DELETED>    (4) Given the large number of individuals with 
        criminal records and the vulnerability of the population they 
        work with, human service organizations that work with children 
        need an effective and reliable means of obtaining a complete 
        criminal history in order to determine the suitability of a 
        potential volunteer or employee.</DELETED>
        <DELETED>    (5) The large majority of Americans (88 percent) 
        favor granting youth-serving organizations access to conviction 
        records for screening volunteers and 59 percent favored 
        allowing youth-serving organizations to consider arrest records 
        when screening volunteers. This was the only use for which a 
        majority of those surveyed favored granting access to arrest 
        records.</DELETED>
        <DELETED>    (6) Congress has previously attempted to ensure 
        that States make Federal Bureau of Investigation criminal 
        history record checks available to organizations seeking to 
        screen employees and volunteers who work with children, the 
        elderly, and individuals with disabilities, through the 
        National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) 
        and the Volunteers for Children Act (Public Law 105-251; 112 
        Stat. 1885). However, according to a June 2006 report from the 
        Attorney General, these laws ``did not have the intended impact 
        of broadening the availability of NCPA checks''. A 2007 survey 
        conducted by MENTOR/National Mentoring Partnership found that 
        only 18 States allowed youth mentoring organizations to access 
        nationwide Federal Bureau of Investigation background 
        searches.</DELETED>
        <DELETED>    (7) Even when accessible, the cost of a criminal 
        background check can be prohibitively expensive, ranging from 
        $5 to $75 for a State fingerprint check, plus the Federal 
        Bureau of Investigation fee, which ranges between $16 to $24, 
        for a total of between $21 and $99 for each volunteer or 
        employee.</DELETED>
        <DELETED>    (8) Delays in processing such checks can also 
        limit their utility. While the Federal Bureau of Investigation 
        processes all civil fingerprint requests in less than 24 hours, 
        State response times vary widely, and can take as long as 42 
        days.</DELETED>
        <DELETED>    (9) The Child Safety Pilot Program under section 
        108 of the PROTECT Act (42 U.S.C. 5119a note) revealed the 
        importance of performing fingerprint-based Federal Bureau of 
        Investigation criminal history record checks. Of 29,000 
        background checks performed through the pilot as of March 2007, 
        6.4 percent of volunteers were found to have a criminal record 
        of concern, including very serious offenses such as sexual 
        abuse of minors, assault, child cruelty, murder, and serious 
        drug offenses.</DELETED>
        <DELETED>    (10) In an analysis performed on the volunteers 
        screened in the first 18 months of the Child Safety Pilot 
        Program, it was found that over 25 percent of the individuals 
        with criminal records had committed an offense in a State other 
        than the State in which they were applying to volunteer, 
        meaning that a State-only search would not have found relevant 
        criminal results. In addition, even though volunteers knew a 
        background check was being performed, over 50 percent of the 
        individuals found to have a criminal record falsely indicated 
        on their application form that they did not have a criminal 
        record.</DELETED>
        <DELETED>    (11) The Child Safety Pilot Program also 
        demonstrates that timely and affordable background checks are 
        possible, as background checks under that program are completed 
        within 3 to 5 business days at a cost of $18.</DELETED>

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

<DELETED>    The National Child Protection Act of 1993 (42 U.S.C. 5119 
et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating section 5 as section 6; 
        and</DELETED>
        <DELETED>    (2) by inserting after section 4 the 
        following:</DELETED>

<DELETED>``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND 
              CHECKS FOR CHILD-SERVING ORGANIZATIONS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `applicant processing center' means 
        the applicant processing center established by the Attorney 
        General under subsection (b)(1);</DELETED>
        <DELETED>    ``(2) the term `child' means an individual who is 
        less than 18 years of age;</DELETED>
        <DELETED>    ``(3) the term `covered entity' means a business 
        or organization, whether public, private, for-profit, 
        nonprofit, or voluntary that provides care, care placement, 
        supervision, treatment, education, training, instruction, or 
        recreation to children, including a business or organization 
        that licenses, certifies, or coordinates individuals or 
        organizations to provide care, care placement, supervision, 
        treatment, education, training, instruction or recreation to 
        children;</DELETED>
        <DELETED>    ``(4) the term `covered individual' means an 
        individual--</DELETED>
                <DELETED>    ``(A) who has, seeks to have, or may have 
                unsupervised access to a child served by a covered 
                entity; and</DELETED>
                <DELETED>    ``(B) who--</DELETED>
                        <DELETED>    ``(i) is employed by or volunteers 
                        with, or seeks to be employed by or volunteer 
                        with, a covered entity; or</DELETED>
                        <DELETED>    ``(ii) owns or operates, or seeks 
                        to own or operate, a covered entity;</DELETED>
        <DELETED>    ``(5) the term `fitness determination program' 
        means the fitness determination program established under 
        subsection (b)(2);</DELETED>
        <DELETED>    ``(6) the term `identification document' has the 
        meaning given that term in section 1028 of title 18, United 
        States Code;</DELETED>
        <DELETED>    ``(7) the term `participating entity' means a 
        covered entity that is approved under subsection (f) to receive 
        nationwide background checks from the applicant processing 
        center and to participate in the fitness determination 
        program;</DELETED>
        <DELETED>    ``(8) the term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, the Federated 
        States of Micronesia, the Republic of the Marshall Islands, and 
        the Republic of Palau; and</DELETED>
        <DELETED>    ``(9) the term `State authorized agency' means a 
        division or office of a State designated by that State to 
        report, receive, or disseminate criminal history 
        information.</DELETED>
<DELETED>    ``(b) Establishment of Program.--Not later than 90 days 
after the date of enactment of the Child Protection Improvements Act of 
2008, the Attorney General shall--</DELETED>
        <DELETED>    ``(1) establish within the Federal Government or 
        through an agreement with a nonprofit entity an applicant 
        processing center; and</DELETED>
        <DELETED>    ``(2) enter into an agreement with the National 
        Center for Missing and Exploited Children, under which the 
        National Center for Missing and Exploited Children shall 
        establish a fitness determination program.</DELETED>
<DELETED>    ``(c) Applicant Processing Center.--</DELETED>
        <DELETED>    ``(1) Purpose.--The purpose of the applicant 
        processing center is to streamline the process of obtaining 
        nationwide background checks, provide effective customer 
        service, and facilitate widespread access to nationwide 
        background checks by participating entities.</DELETED>
        <DELETED>    ``(2) Duties.--The applicant processing center 
        shall--</DELETED>
                <DELETED>    ``(A) provide information to covered 
                entities on the requirements to become a participating 
                entity;</DELETED>
                <DELETED>    ``(B) provide participating entities with 
                access to nationwide background checks on covered 
                individuals;</DELETED>
                <DELETED>    ``(C) receive paper and electronic 
                requests for nationwide background checks on covered 
                individuals from participating entities;</DELETED>
                <DELETED>    ``(D) serve as a national resource center 
                to provide guidance and assistance to participating 
                entities on how to submit requests for nationwide 
                background checks, how to interpret criminal history 
                records, how to obtain State criminal background 
                checks, and other related information;</DELETED>
                <DELETED>    ``(E) to the extent practicable, negotiate 
                an agreement with each State authorized agency under 
                which--</DELETED>
                        <DELETED>    ``(i) that State authorized agency 
                        shall conduct a State criminal background check 
                        within the time periods specified in subsection 
                        (e) in response to a request from the applicant 
                        processing center and provide criminal history 
                        records to the National Center for Missing and 
                        Exploited Children; and</DELETED>
                        <DELETED>    ``(ii) a participating entity may 
                        elect to obtain a State background check, in 
                        addition to a nationwide background check, 
                        through 1 unified request to the applicant 
                        processing center;</DELETED>
                <DELETED>    ``(F) convert all paper fingerprint cards 
                into an electronic form and securely transmit all 
                fingerprints electronically to the national criminal 
                history background check system and, if appropriate, 
                the State authorized agencies;</DELETED>
                <DELETED>    ``(G) collect a fee to conduct the 
                nationwide background check, and, if appropriate, a 
                State criminal background check, and remit fees to the 
                National Center for Missing and Exploited Children, the 
                Federal Bureau of Investigation, and the State 
                authorized agencies, as appropriate;</DELETED>
                <DELETED>    ``(H) convey the results of the fitness 
                determination to the participating entity that 
                submitted the request for a nationwide background 
                check; and</DELETED>
                <DELETED>    ``(I) coordinate with the Federal Bureau 
                of Investigation, participating State authorized 
                agencies, and the National Center for Missing and 
                Exploited Children to ensure that background check 
                requests are being completed within the time periods 
                specified in subsection (e).</DELETED>
        <DELETED>    ``(3) Requests.--A request for a nationwide 
        background check by a participating entity shall include--
        </DELETED>
                <DELETED>    ``(A) the fingerprints of the covered 
                individual, in paper or electronic form;</DELETED>
                <DELETED>    ``(B) a photocopy of a valid 
                identification document; and</DELETED>
                <DELETED>    ``(C) a statement completed and signed by 
                the covered individual that--</DELETED>
                        <DELETED>    ``(i) sets out the covered 
                        individual's name, address, and date of birth, 
                        as those items of information appear on a valid 
                        identification document;</DELETED>
                        <DELETED>    ``(ii) states whether the covered 
                        individual has a criminal record, and, if so, 
                        provides the particulars of such criminal 
                        record;</DELETED>
                        <DELETED>    ``(iii) notifies the covered 
                        individual that the Attorney General and, if 
                        appropriate, a State authorized agency may 
                        perform a criminal history background check and 
                        that the signature of the covered individual on 
                        the statement constitutes an acknowledgment 
                        that such a check may be conducted;</DELETED>
                        <DELETED>    ``(iv) notifies the covered 
                        individual that prior to and after the 
                        completion of the background check, the 
                        participating entity may choose to deny the 
                        covered individual access to children; 
                        and</DELETED>
                        <DELETED>    ``(v) notifies the covered 
                        individual of the right of the covered 
                        individual to correct an erroneous record of 
                        the Attorney General and, if appropriate, the 
                        State authorized agency.</DELETED>
        <DELETED>    ``(4) Fees.--</DELETED>
                <DELETED>    ``(A) In general.--The applicant 
                processing center may collect a fee to defray the costs 
                of carrying out its duties and the duties of the 
                National Center for Missing and Exploited Children 
                under this section--</DELETED>
                        <DELETED>    ``(i) for a nationwide background 
                        check and fitness determination, in an amount 
                        not to exceed the lesser of--</DELETED>
                                <DELETED>    ``(I) the actual cost to 
                                the applicant processing center and the 
                                National Center for Missing and 
                                Exploited Children of conducting a 
                                nationwide background check and fitness 
                                determination under this section; 
                                or</DELETED>
                                <DELETED>    ``(II)(aa) $25 for a 
                                participating entity that is a 
                                nonprofit entity; or</DELETED>
                                <DELETED>    ``(bb) $40 for any other 
                                participating entity; and</DELETED>
                        <DELETED>    ``(ii) for a State criminal 
                        background check described in paragraph (2)(E), 
                        in the amount specified in the agreement with 
                        the applicable State authorized agency, not to 
                        exceed $18.</DELETED>
                <DELETED>    ``(B) Reduced fees.--In determining the 
                amount of the fees to be collected under subparagraph 
                (A), the applicant processing center--</DELETED>
                        <DELETED>    ``(i) shall, to the extent 
                        possible, discount such fees for participating 
                        entities that are nonprofit entities; 
                        and</DELETED>
                        <DELETED>    ``(ii) may use fees paid by 
                        participating entities that are not nonprofit 
                        entities to reduce the fees to be paid by 
                        participating entities that are nonprofit 
                        entities.</DELETED>
                <DELETED>    ``(C) Prohibition on fees.--</DELETED>
                        <DELETED>    ``(i) In general.--A participating 
                        entity may not charge another entity or 
                        individual a surcharge to access a background 
                        check conducted under this section.</DELETED>
                        <DELETED>    ``(ii) Violation.--The Attorney 
                        General shall bar any participating entity that 
                        the Attorney General determines violated clause 
                        (i) from submitting background checks under 
                        this section.</DELETED>
<DELETED>    ``(d) Fitness Determination Program.--</DELETED>
        <DELETED>    ``(1) Purpose.--The purpose of the fitness 
        determination program is to provide participating entities with 
        reliable and accurate information regarding whether a covered 
        individual has been convicted of, or is under pending arrest or 
        indictment for, a crime that bears upon the fitness of the 
        covered individual to have responsibility for the safety and 
        well-being of the children in their care.</DELETED>
        <DELETED>    ``(2) Requirements of fitness determination 
        program.--As part of operating the fitness determination 
        program, the National Center for Missing and Exploited Children 
        shall--</DELETED>
                <DELETED>    ``(A) establish procedures to securely 
                receive criminal background records from the Federal 
                Bureau of Investigation and, if appropriate, State 
                authorized agencies;</DELETED>
                <DELETED>    ``(B) make determinations regarding 
                whether the criminal history record information 
                received in response to a criminal history background 
                check conducted under this section indicate that the 
                covered individual has a criminal history record that 
                may render the covered individual unfit to provide care 
                to children, based on the criteria described in 
                paragraph (3);</DELETED>
                <DELETED>    ``(C) convey a fitness determination to 
                the applicant processing center;</DELETED>
                <DELETED>    ``(D) specify the source of the criminal 
                history information upon which a fitness determination 
                is based; and</DELETED>
                <DELETED>    ``(E) work with the applicant processing 
                center and the Federal Bureau of Investigation to 
                develop procedures and processes to ensure that 
                criminal history background check requests are being 
                completed within the time periods specified in 
                subsection (e).</DELETED>
        <DELETED>    ``(3) Criteria.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), the fitness determination program shall use the 
                criteria relating to when criminal history record 
                information indicates that an individual has a criminal 
                history record that may render the individual unfit to 
                provide care to children that were established for the 
                Child Safety Pilot Program under section 108(a)(3) of 
                the PROTECT Act (42 U.S.C. 5119a note).</DELETED>
                <DELETED>    ``(B) Review.--The Attorney General and 
                the National Center for Missing and Exploited Children, 
                in coordination with national organizations 
                representing a range of covered entities, shall review 
                the criteria described in subparagraph (A) and make any 
                changes needed to use such criteria in the fitness 
                determination program.</DELETED>
<DELETED>    ``(e) Timing.--</DELETED>
        <DELETED>    ``(1) In general.--Criminal background checks 
        shall be completed not later than 10 business days after the 
        date that a request for a national background check is received 
        by the applicant processing center. The applicant processing 
        center shall work with the National Center for Missing and 
        Exploited Children and the Federal Bureau of Investigation to 
        ensure that the time limits under this subsection are being 
        achieved.</DELETED>
        <DELETED>    ``(2) Application processing.--The applicant 
        processing center shall electronically submit a national 
        background check request to the national criminal history 
        background check system and, if appropriate, the participating 
        State authorized agency not later than 3 business days after 
        the date that a request for a national background check is 
        received by the applicant processing center.</DELETED>
        <DELETED>    ``(3) Conduct of background checks.--The Federal 
        Bureau of Investigation and, if appropriate, a State authorized 
        agency shall provide criminal history records information to 
        the National Center for Missing and Exploited Children not 
        later than 3 business days after the date that the Federal 
        Bureau of Investigation or State authorized agency, as the case 
        may be, receives a request for a nationwide background check 
        from the applicant processing center.</DELETED>
        <DELETED>    ``(4) Fitness determinations.--The National Center 
        for Missing and Exploited Children shall convey a fitness 
        determination to a participating entity and the applicant 
        processing center not later than 4 business days after the date 
        that the National Center for Missing and Exploited Children has 
        received criminal history records from the Federal Bureau of 
        Investigation and, if appropriate, each applicable State 
        authorized agency.</DELETED>
<DELETED>    ``(f) Participation in Program.--</DELETED>
        <DELETED>    ``(1) In general.--The applicant processing center 
        shall determine whether an entity is a covered entity and 
        whether that covered entity should be approved as a 
        participating entity, based on the consultation conducted under 
        paragraph (2).</DELETED>
        <DELETED>    ``(2) Consultation.--In determining how many 
        covered entities to approve as participating entities, the 
        applicant processing center shall consult quarterly with the 
        Federal Bureau of Investigation and the National Center for 
        Missing and Exploited Children to determine the volume of 
        requests for fitness determinations that can be completed, 
        based on the capacity of the applicant processing center and 
        the fitness determination program, the availability of 
        resources, and the demonstrated need for such determinations in 
        order to protect children.</DELETED>
        <DELETED>    ``(3) Preference for nonprofit organizations.--In 
        determining whether a covered entity should be approved as a 
        participating entity under paragraph (1), the applicant 
        processing center shall give preference to any organization 
        participating in the Child Safety Pilot Program under section 
        108(a)(3) of the PROTECT Act (42 U.S.C. 5119a note) on the date 
        of enactment of the Child Protection Improvements Act of 2008 
        and to any other nonprofit organizations.</DELETED>
<DELETED>    ``(g) Rights of Covered Individuals.--</DELETED>
        <DELETED>    ``(1) In general.--A covered individual who is the 
        subject of a nationwide background check under this section may 
        contact the Federal Bureau of Investigation and, if 
        appropriate, a State authorized agency to--</DELETED>
                <DELETED>    ``(A) request that the full criminal 
                history report of that covered individual be provided 
                to that covered individual or the applicable 
                participating entity not later than 10 business days 
                after the date of that request; and</DELETED>
                <DELETED>    ``(B) challenge the accuracy and 
                completeness of the criminal history record information 
                in the criminal history report.</DELETED>
        <DELETED>    ``(2) Resolution of challenges.--The Federal 
        Bureau of Investigation and, if appropriate, a State authorized 
        agency shall promptly make a determination regarding the 
        accuracy and completeness of any criminal history record 
        information challenged under paragraph (1)(B).</DELETED>
<DELETED>    ``(h) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to the Attorney General $5,000,000 for fiscal year 
        2008, to--</DELETED>
                <DELETED>    ``(A) establish and carry out the duties 
                of the applicant processing center established under 
                this section;</DELETED>
                <DELETED>    ``(B) establish and carry out the fitness 
                determination program; and</DELETED>
                <DELETED>    ``(C) purse technologies and procedures to 
                streamline and automate processes to enhance cost 
                efficiency.</DELETED>
        <DELETED>    ``(2) Fitness determinations.--There are 
        authorized to be appropriated to the Attorney General to carry 
        out the agreement under this section with the National Center 
        for Missing and Exploited Children $1,000,000 for each of 
        fiscal years 2009 through 2013 to support the fitness 
        determination program and so that fees for nonprofit 
        organizations under that program are as low as 
        possible.</DELETED>
        <DELETED>    ``(3) Sense of the senate.--It is the sense of the 
        Senate that in fiscal year 2009, and each fiscal year 
        thereafter, the fees collected by the applicant processing 
        center should be sufficient to carry out the duties of the 
        applicant processing center under this section and to help 
        support the fitness determination program.</DELETED>
<DELETED>    ``(i) Report to Congress.--The Attorney General shall, on 
an annual basis, submit to Congress a report on the participating 
entities, the number of covered individuals submitting applications 
under this section, and the data on the number and types of fitness 
determinations issued under this section.</DELETED>
<DELETED>    ``(j) Limitation on Liability.--</DELETED>
        <DELETED>    ``(1) In general.--A participating entity shall 
        not be liable in an action for damages solely for failure to 
        conduct a criminal background check on a covered individual, 
        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 participating entity (other 
        than itself) to take action adverse to a covered individual who 
        was the subject of a background check.</DELETED>
        <DELETED>    ``(2) Reliance.--The applicant processing center 
        or a participating entity that reasonably relies on a fitness 
        determination or criminal history record information received 
        in response to a background check under this section shall not 
        be liable in an action for damages based on the inaccuracy or 
        incompleteness of that information.</DELETED>
        <DELETED>    ``(3) National center for missing and exploited 
        children.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the National Center for 
                Missing and Exploited Children, including a director, 
                officer, employee, or agent of the National Center for 
                Missing and Exploited Children, shall not be liable in 
                an action for damages relating to the performance of 
                the responsibilities and functions of the National 
                Center for Missing and Exploited Children under this 
                section.</DELETED>
                <DELETED>    ``(B) Intentional, reckless, or other 
                misconduct.--Subparagraph (A) shall not apply in an 
                action if the National Center for Missing and Exploited 
                Children, or a director, officer, employee, or agent of 
                the National Center for Missing and Exploited Children, 
                engaged in intentional misconduct or acted, or failed 
                to act, with actual malice, with reckless disregard to 
                a substantial risk of causing injury without legal 
                justification, or for a purpose unrelated to the 
                performance of responsibilities or functions under this 
                section.</DELETED>
                <DELETED>    ``(C) Ordinary business activities.--
                Subparagraph (A) shall not apply to an act or omission 
                relating to an ordinary business activity, such as an 
                activity involving general administration or 
                operations, the use of motor vehicles, or personnel 
                management.''.</DELETED>

<DELETED>SEC. 4. EXTENSION OF CHILD SAFETY PILOT.</DELETED>

<DELETED>    Section 108(a)(3)(A) of the PROTECT Act (42 U.S.C. 5119a 
note) is amended--</DELETED>
        <DELETED>    (1) by striking ``60-month''; and</DELETED>
        <DELETED>    (2) by adding at the end the following: ``The 
        Child Safety Pilot Program under this paragraph shall terminate 
        on the date that the program for national criminal history 
        background checks for child-serving organizations established 
        under the Child Protection Improvements Act of 2008 is 
        operating and able to enroll any organization using the Child 
        Safety Pilot Program.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protection Improvements Act of 
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2006, 61,200,000 adults (a total of 26.7 percent of 
        the population) contributed a total of 8,100,000,000 hours of 
        volunteer service. Of those who volunteer, 27 percent dedicate 
        their service to education or youth programs, or a total of 
        16,500,000 adults.
            (2) Assuming recent incarceration rates remain unchanged, 
        an estimated 6.6 percent of individuals in the United States 
        will serve time in prison for a crime during their lifetime. 
        The Integrated Automated Fingerprint Identification System of 
        the Federal Bureau of Investigation maintains fingerprints and 
        criminal histories on more than 47,000,000 individuals, many of 
        whom have been arrested or convicted multiple times.
            (3) A study released in 2002, found that, of individuals 
        released from prison in 15 States in 1994, an estimated 67.5 
        percent were rearrested for a felony or serious misdemeanor 
        within 3 years. Three-quarters of those new arrests resulted in 
        convictions or a new prison sentence.
            (4) Given the large number of individuals with criminal 
        records and the vulnerability of the population they work with, 
        human service organizations that work with children need an 
        effective and reliable means of obtaining a complete criminal 
        history in order to determine the suitability of a potential 
        volunteer or employee.
            (5) The large majority of Americans (88 percent) favor 
        granting youth-serving organizations access to conviction 
        records for screening volunteers and 59 percent favored 
        allowing youth-serving organizations to consider arrest records 
        when screening volunteers. This was the only use for which a 
        majority of those surveyed favored granting access to arrest 
        records.
            (6) Congress has previously attempted to ensure that States 
        make Federal Bureau of Investigation criminal history record 
        checks available to organizations seeking to screen employees 
        and volunteers who work with children, the elderly, and 
        individuals with disabilities, through the National Child 
        Protection Act of 1993 (42 U.S.C. 5119 et seq.) and the 
        Volunteers for Children Act (Public Law 105-251; 112 Stat. 
        1885). However, according to a June 2006 report from the 
        Attorney General, these laws ``did not have the intended impact 
        of broadening the availability of NCPA checks.''. A 2007 survey 
        conducted by MENTOR/National Mentoring Partnership found that 
        only 18 States allowed youth mentoring organizations to access 
        nationwide Federal Bureau of Investigation background searches.
            (7) Even when accessible, the cost of a criminal background 
        check can be prohibitively expensive, ranging from $5 to $75 
        for a State fingerprint check, plus the Federal Bureau of 
        Investigation fee, which ranges between $16 to $24, for a total 
        of between $21 and $99 for each volunteer or employee.
            (8) Delays in processing such checks can also limit their 
        utility. While the Federal Bureau of Investigation processes 
        all civil fingerprint requests in less than 24 hours, State 
        response times vary widely, and can take as long as 42 days.
            (9) The Child Safety Pilot Program under section 108 of the 
        PROTECT Act (42 U.S.C. 5119a note) revealed the importance of 
        performing fingerprint-based Federal Bureau of Investigation 
        criminal history record checks. Of 29,000 background checks 
        performed through the pilot program as of March 2007, 6.4 
        percent of volunteers were found to have a criminal record of 
        concern, including very serious offenses such as sexual abuse 
        of minors, assault, child cruelty, murder, and serious drug 
        offenses.
            (10) In an analysis performed on the volunteers screened in 
        the first 18 months of the Child Safety Pilot Program, it was 
        found that over 25 percent of the individuals with criminal 
        records had committed an offense in a State other than the 
        State in which they were applying to volunteer, meaning that a 
        State-only search would not have found relevant criminal 
        results. In addition, even though volunteers knew a background 
        check was being performed, over 50 percent of the individuals 
        found to have a criminal record falsely indicated on their 
        application form that they did not have a criminal record.
            (11) The Child Safety Pilot Program also demonstrates that 
        timely and affordable background checks are possible, as 
        background checks under that program are completed within 3 to 
        5 business days at a cost of $18.

SEC. 3. BACKGROUND CHECKS.

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

``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS FOR 
              CHILD-SERVING ORGANIZATIONS.

    ``(a) Definitions.--In this section--
            ``(1) the term `applicant processing center' means the 
        applicant processing center established by the Attorney General 
        under subsection (b)(1);
            ``(2) the term `child' means an individual who is less than 
        18 years of age;
            ``(3) the term `covered entity' means a business or 
        organization, whether public, private, for-profit, nonprofit, 
        or voluntary that provides care, care placement, supervision, 
        treatment, education, training, instruction, or recreation to 
        children, including a business or organization that licenses, 
        certifies, or coordinates individuals or organizations to 
        provide care, care placement, supervision, treatment, 
        education, training, instruction, or recreation to children;
            ``(4) the term `covered individual' means an individual--
                    ``(A) who has, seeks to have, or may have 
                unsupervised access to a child served by a covered 
                entity; and
                    ``(B) who--
                            ``(i) is employed by or volunteers with, or 
                        seeks to be employed by or volunteer with, a 
                        covered entity; or
                            ``(ii) owns or operates, or seeks to own or 
                        operate, a covered entity;
            ``(5) the term `criminal history resource center' means the 
        program established under subsection (b)(2);
            ``(6) the term `identification document' has the meaning 
        given that term in section 1028 of title 18, United States 
        Code;
            ``(7) the term `participating entity' means a covered 
        entity that is--
                    ``(A) located in a State that does not have a 
                qualified State program; and
                    ``(B) approved under subsection (f) to receive 
                nationwide background checks from the applicant 
                processing center;
            ``(8) the term `qualified State program' means a program of 
        a State authorized agency that the Attorney General determines 
        is meeting the standards identified in subsection (b)(3) to 
        ensure that a wide range of youth-serving organizations have 
        affordable and timely access to nationwide background checks;
            ``(9) the term `State' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, the Virgin Islands, Guam, the Commonwealth of 
        the Northern Mariana Islands, the Federated States of 
        Micronesia, the Republic of the Marshall Islands, and the 
        Republic of Palau; and
            ``(10) the term `State authorized agency' means a division 
        or office of a State designated by that State to report, 
        receive, or disseminate criminal history information.
    ``(b) Establishment of Program.--Not later than 180 days after the 
date of enactment of the Child Protection Improvements Act of 2008, the 
Attorney General shall--
            ``(1) establish within the Federal Government or through an 
        agreement with a nongovernmental entity an applicant processing 
        center;
            ``(2) enter into an agreement with the National Center for 
        Missing and Exploited Children, under which the National Center 
        for Missing and Exploited Children shall establish a criminal 
        history resource center; and
            ``(3) conduct--
                    ``(A) an annual assessment of each State authorized 
                agency to determine whether the agency operates a 
                qualified State program, including a review of whether 
                the State authorized agency--
                            ``(i) has designated a wide range of 
                        covered entities as eligible to submit State 
                        criminal background check requests and 
                        nationwide background check requests to the 
                        State authorized agency;
                            ``(ii) charges a covered entity not more 
                        than a total of $36 for a State criminal 
                        background check and a nationwide background 
                        check; and
                            ``(iii) returns requests for State criminal 
                        background checks and nationwide background 
                        checks to a covered entity not later than 10 
                        business days after the date on which the 
                        request was made; and
                    ``(B) in addition to an annual assessment under 
                subparagraph (A), an assessment described in that 
                subparagraph of a State authorized agency if--
                            ``(i) a State authorized agency that does 
                        not have a qualified State program requests 
                        such an assessment; or
                            ``(ii) the Attorney General receives 
                        reports from covered entities indicating that a 
                        State authorized agency that has a qualified 
                        State program no longer meets the standards 
                        described in subparagraph (A).
    ``(c) Applicant Processing Center.--
            ``(1) Purpose.--The purpose of the applicant processing 
        center is to streamline the process of obtaining nationwide 
        background checks, provide effective customer service, and 
        facilitate widespread access to nationwide background checks by 
        participating entities.
            ``(2) Duties.--The applicant processing center shall--
                    ``(A) handle inquiries from covered entities and 
                inform covered entities about how to request nationwide 
                background checks--
                            ``(i) for a covered entity located in a 
                        State with a qualified State program, by 
                        referring the covered entity to the State 
                        authorized agency; and
                            ``(ii) for a covered entity located in a 
                        State without a qualified State program, by 
                        providing information on the requirements to 
                        become a participating entity;
                    ``(B) provide participating entities with access to 
                nationwide background checks on covered individuals;
                    ``(C) receive paper and electronic requests for 
                nationwide background checks on covered individuals 
                from participating entities;
                    ``(D) serve as a national resource center to 
                provide guidance and assistance to participating 
                entities on how to submit requests for nationwide 
                background checks, how to obtain State criminal 
                background checks, the possible restrictions that apply 
                when making hiring decisions based on criminal history 
                records, and other related information;
                    ``(E) to the extent practicable, negotiate an 
                agreement with each State authorized agency under 
                which--
                            ``(i) that State authorized agency shall 
                        conduct a State criminal background check 
                        within the time periods specified in subsection 
                        (e) in response to a request from the applicant 
                        processing center and provide criminal history 
                        records to the applicant processing center; and
                            ``(ii) a participating entity may elect to 
                        obtain a State criminal background check, in 
                        addition to a nationwide background check, 
                        through 1 unified request to the applicant 
                        processing center;
                    ``(F) convert all paper fingerprint cards into an 
                electronic form and securely transmit all fingerprints 
                electronically to the national criminal history 
                background check system and, if appropriate, the State 
                authorized agencies;
                    ``(G) collect a fee to conduct the nationwide 
                background check, and, if appropriate, a State criminal 
                background check, and remit fees to the Federal Bureau 
                of Investigation and, if appropriate, the State 
                authorized agencies;
                    ``(H) convey to the participating entity that 
                submitted the request for a nationwide background 
                check--
                            ``(i) a statement indicating whether a 
                        criminal history, including a conviction, 
                        arrest, or pending arrest or indictment, 
                        relating to a covered individual was found;
                            ``(ii) information relating to the 
                        appropriate use of criminal history records 
                        when making decisions regarding hiring 
                        employees and using volunteers;
                            ``(iii) if a criminal history is found, a 
                        recommendation to the participating entity to 
                        consult with the covered individual in order to 
                        obtain more information about the individual's 
                        criminal history, and a list of factors to 
                        consider in assessing the significance of that 
                        criminal history, including--
                                    ``(I) any positive criminal 
                                background history;
                                    ``(II) the nature, gravity, and 
                                circumstances of any offense indicated 
                                in the individual's criminal history 
                                record, including whether the 
                                individual was convicted of the 
                                offense;
                                    ``(III) the period of time that has 
                                elapsed since the date of the offense 
                                or end of a period of incarceration or 
                                supervised release;
                                    ``(IV) the nature of the position 
                                held or sought; and
                                    ``(V) any evidence of 
                                rehabilitation; and
                            ``(iv) instructions that, in evaluating the 
                        considerations described in clause (iii), the 
                        participating entity should consult the Equal 
                        Employment Opportunity Commission Policy 
                        Statement on the Issue of Conviction Records 
                        under Title VII of the Civil Rights Act and the 
                        Policy Guidance on the Consideration of Arrest 
                        Records in Employment Decisions under Title VII 
                        of the Civil Rights Act of 1964, or any 
                        successor to such policy statement or policy 
                        guidance issued by the Equal Employment 
                        Opportunity Commission;
                    ``(I) for any request by a participating entity for 
                a nationwide criminal background check for which a 
                criminal history is found, convey to the applicable 
                covered individual the criminal history and an 
                explanation of the right of the covered individual to 
                appeal the accuracy and completeness of that criminal 
                history on the same date that the statement, 
                information, and instructions described in subparagraph 
                (H) are conveyed to the participating entity;
                    ``(J) coordinate with the Federal Bureau of 
                Investigation and participating State authorized 
                agencies to ensure that background check requests are 
                being completed within the time periods specified in 
                subsection (e); and
                    ``(K) refer participating entities and covered 
                individuals to the appropriate State agency or the 
                Federal Bureau of Investigation if a criminal history 
                includes incomplete or inaccurate information.
            ``(3) Requests.--A request for a nationwide background 
        check by a participating entity shall include--
                    ``(A) the fingerprints of the covered individual, 
                in paper or electronic form;
                    ``(B) a photocopy of a valid identification 
                document; and
                    ``(C) a statement completed and signed by the 
                covered individual that--
                            ``(i) sets out the covered individual's 
                        name, address, and date of birth, as those 
                        items of information appear on a valid 
                        identification document;
                            ``(ii) states whether the covered 
                        individual has a criminal record, and, if so, 
                        provides the particulars of such criminal 
                        record;
                            ``(iii) notifies the covered individual 
                        that the Attorney General and, if appropriate, 
                        a State authorized agency may perform a 
                        criminal history background check and that the 
                        signature of the covered individual on the 
                        statement constitutes an acknowledgment that 
                        such a check may be conducted;
                            ``(iv) notifies the covered individual that 
                        prior to and after the completion of the 
                        background check, the participating entity may 
                        choose to deny the covered individual access to 
                        children; and
                            ``(v) notifies the covered individual of 
                        the right of the covered individual to correct 
                        an erroneous record of the Attorney General 
                        and, if appropriate, the State authorized 
                        agency.
            ``(4) Fees.--
                    ``(A) In general.--The applicant processing center 
                may collect a fee to defray the costs of carrying out 
                its duties under this section--
                            ``(i) for a nationwide background check, in 
                        an amount not to exceed the lesser of--
                                    ``(I) the actual cost to the 
                                applicant processing center of 
                                conducting a nationwide background 
                                check under this section; or
                                    ``(II)(aa) $25 for a participating 
                                entity that is a nonprofit entity; or
                                    ``(bb) $40 for any other 
                                participating entity; and
                            ``(ii) for a State criminal background 
                        check described in paragraph (2)(E), in the 
                        amount specified in the agreement with the 
                        applicable State authorized agency, not to 
                        exceed $18.
                    ``(B) Reduced fees.--In determining the amount of 
                the fees to be collected under subparagraph (A), the 
                applicant processing center--
                            ``(i) shall, to the extent possible, 
                        discount such fees for participating entities 
                        that are nonprofit entities; and
                            ``(ii) may use fees paid by participating 
                        entities that are not nonprofit entities to 
                        reduce the fees to be paid by participating 
                        entities that are nonprofit entities.
                    ``(C) Prohibition on fees.--
                            ``(i) In general.--A participating entity 
                        may not charge another entity or individual a 
                        surcharge to access a background check 
                        conducted under this section.
                            ``(ii) Violation.--The Attorney General 
                        shall bar any participating entity that the 
                        Attorney General determines violated clause (i) 
                        from submitting background checks under this 
                        section.
    ``(d) Criminal History Resource Center.--
            ``(1) Purpose.--The purpose of the criminal history 
        resource center is to provide participating entities with 
        reliable and accurate information regarding the interpretation 
        of criminal histories.
            ``(2) Requirements.--As part of operating the criminal 
        history resource center, the National Center for Missing and 
        Exploited Children--
                    ``(A) shall establish, and make available, general 
                guidelines to assist participating entities with 
                analyzing and interpreting criminal history records;
                    ``(B) shall respond to requests from participating 
                entities for assistance in understanding and 
                interpreting a criminal history, including providing--
                            ``(i) information on the crime committed 
                        and the seriousness of such crime under the law 
                        of the applicable State;
                            ``(ii) information regarding whether 
                        multiple charges are part of 1 offense or a 
                        series of offenses; and
                            ``(iii) other information that can assist a 
                        participating entity in understanding the 
                        gravity, nature, and seriousness of the 
                        criminal history and the time lapse since the 
                        last offense was committed; and
                    ``(C) in responding to a request under subparagraph 
                (B)--
                            ``(i) shall provide general guidance to 
                        assist the participating entity in assessing 
                        criminal history records; and
                            ``(ii) may not make any individualized 
                        determination relating to whether a covered 
                        individual may represent a danger to children 
                        or whether the participating entity should hire 
                        or refrain from hiring any covered individual.
    ``(e) Timing.--
            ``(1) In general.--Criminal background checks shall be 
        completed not later than 10 business days after the date that a 
        request for a national background check is received by the 
        applicant processing center. The applicant processing center 
        shall work with the Federal Bureau of Investigation to ensure 
        that the time limits under this subsection are being achieved.
            ``(2) Application processing.--The applicant processing 
        center shall electronically submit a national background check 
        request to the national criminal history background check 
        system and, if appropriate, the participating State authorized 
        agency not later than 3 business days after the date that a 
        request for a national background check is received by the 
        applicant processing center.
            ``(3) Conduct of background checks.--The Federal Bureau of 
        Investigation and, if appropriate, a State authorized agency 
        shall provide criminal history records information to the 
        applicant processing center not later than 3 business days 
        after the date that the Federal Bureau of Investigation or 
        State authorized agency, as the case may be, receives a request 
        for a nationwide background check from the applicant processing 
        center.
            ``(4) Results.--The applicant processing center shall 
        convey the result of a national background check to the 
        participating entity, and if appropriate, convey the criminal 
        history to the covered individual not later than 4 business 
        days after the date that the applicant processing center has 
        received criminal history records from the Federal Bureau of 
        Investigation and, if appropriate, each applicable State 
        authorized agency.
    ``(f) Participation in Program.--
            ``(1) In general.--The applicant processing center shall 
        determine whether an entity is a covered entity and whether 
        that covered entity should be approved as a participating 
        entity, based on--
                    ``(A) whether the entity is located in a State that 
                has a qualified State program; and
                    ``(B) the consultation conducted under paragraph 
                (2).
            ``(2) Consultation.--In determining how many covered 
        entities to approve as participating entities, the applicant 
        processing center shall consult quarterly with the Federal 
        Bureau of Investigation to determine the volume of requests for 
        national background checks that can be completed, based on the 
        capacity of the applicant processing center and the Federal 
        Bureau of Investigation, the availability of resources, and the 
        demonstrated need for national background checks in order to 
        protect children.
            ``(3) Preference for nonprofit organizations.--In 
        determining whether a covered entity should be approved as a 
        participating entity under paragraph (1), the applicant 
        processing center shall give preference to any organization 
        participating in the Child Safety Pilot Program under section 
        108(a)(3) of the PROTECT Act (42 U.S.C. 5119a note) on the date 
        of enactment of the Child Protection Improvements Act of 2008 
        and to any other nonprofit organizations.
    ``(g) Rights of Covered Individuals.--
            ``(1) In general.--A covered individual who is the subject 
        of a nationwide background check under this section may contact 
        the Federal Bureau of Investigation and, if appropriate, a 
        State authorized agency to--
                    ``(A) request that the full criminal history report 
                of that covered individual be provided to that covered 
                individual or the applicable participating entity not 
                later than 10 business days after the date of that 
                request; and
                    ``(B) challenge the accuracy and completeness of 
                the criminal history record information in the criminal 
                history report.
            ``(2) Resolution of challenges.--The Federal Bureau of 
        Investigation and, if appropriate, a State authorized agency 
        shall--
                    ``(A) promptly make a determination regarding the 
                accuracy and completeness of any criminal history 
                record information challenged under paragraph (1)(B); 
                and
                    ``(B) seek to--
                            ``(i) investigate any such challenge with 
                        relevant departments and agencies of the 
                        Federal Government and State and local 
                        governments; and
                            ``(ii) correct any inaccurate or incomplete 
                        records.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Attorney General $5,000,000 for fiscal year 2008, to--
                    ``(A) establish and carry out the duties of the 
                applicant processing center established under this 
                section;
                    ``(B) establish and carry out the criminal history 
                resource center; and
                    ``(C) pursue technologies and procedures to 
                streamline and automate processes to enhance cost 
                efficiency.
            ``(2) Criminal history resource center.--There are 
        authorized to be appropriated to the Attorney General to carry 
        out the agreement under this section with the National Center 
        for Missing and Exploited Children $1,000,000 for each of 
        fiscal years 2009 through 2013 to support the criminal history 
        resource center.
            ``(3) Sense of the senate.--It is the sense of the Senate 
        that in fiscal year 2009, and each fiscal year thereafter, the 
        fees collected by the applicant processing center should be 
        sufficient to carry out the duties of the applicant processing 
        center under this section.
    ``(i) Collection of Data and Report to Congress.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Child Protection Improvements Act of 2008, and 
        annually thereafter, the Attorney General shall prepare and 
        submit to Congress and make available to the public a report on 
        the programs and procedures established under this Act.
            ``(2) Collection of data.--
                    ``(A) Definition of demographic characteristics.--
                In this paragraph, the term `demographic 
                characteristics' includes information pertaining to 
                race, color, ancestry, national origin, age, sex and 
                marital status.
                    ``(B) Compiling.--Beginning 90 days after the date 
                of enactment of the Child Protection Improvements Act 
                of 2008, the Attorney General, with the assistance of 
                the applicant processing center shall compile data 
                regarding--
                            ``(i) the number and types of participating 
                        entities;
                            ``(ii) the fees charged to participating 
                        entities under this section;
                            ``(iii) the time interval between 
                        nationwide background check submissions and 
                        responses under this section;
                            ``(iv) the fiscal impact of this section on 
                        State authorized agencies;
                            ``(v) the number and demographic 
                        characteristics of covered individuals 
                        submitting a statement described in subsection 
                        (c)(3)(C) as part of a request for a nationwide 
                        background check;
                            ``(vi) the number and demographic 
                        characteristics of covered individuals 
                        determined to have a criminal history;
                            ``(vii) the number, type (including the 
                        identity of the offense and whether the offense 
                        was committed while the covered individual was 
                        a juvenile or adult), and frequency of 
                        offenses, and length of the period between the 
                        date of the offense and the date of the 
                        nationwide background check for any covered 
                        individuals found to have a criminal history 
                        under this section;
                            ``(viii) the procedures available for 
                        covered individuals to challenge the accuracy 
                        and completeness of criminal history record 
                        information under this section;
                            ``(ix) the number and results of challenges 
                        to the accuracy and completeness of criminal 
                        history record information under this section;
                            ``(x) the number and types of corrections 
                        of erroneous criminal history record 
                        information based on a challenge under this 
                        section; and
                            ``(xi) the number and types of inquiries 
                        for assistance on interpreting a criminal 
                        history received by the criminal history 
                        resource center.
                    ``(C) Aggregating data.--The Attorney General, with 
                the assistance of the applicant processing center, 
                shall--
                            ``(i) aggregate the data collected under 
                        this paragraph by State and city; and
                            ``(ii) aggregate the data collected under 
                        clauses (v), (vi), and (vii) of subparagraph 
                        (B) by race, color, ancestry, national origin, 
                        age, sex, and marital status.
                    ``(D) Reports.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Child 
                        Protection Improvements Act of 2008, and 
                        annually thereafter, the Attorney General shall 
                        prepare and submit to Congress a report 
                        concerning the data compiled and aggregated 
                        under this paragraph.
                            ``(ii) Contents.--Each report submitted 
                        under clause (i) shall contain--
                                    ``(I) the data compiled and 
                                aggregated under this paragraph, 
                                organized in such a way as to provide a 
                                comprehensive analysis of the programs 
                                and procedures established under this 
                                section;
                                    ``(II) information regarding and 
                                analysis of--
                                            ``(aa) the programs and 
                                        procedures established under 
                                        this section; and
                                            ``(bb) the extent such 
                                        programs and procedures have 
                                        helped screen individuals who 
                                        may pose a risk to children; 
                                        and
                                    ``(III) information regarding and 
                                analysis of whether and to what extent 
                                the programs and procedures established 
                                under this section are having a 
                                disparate impact on individuals based 
                                on race, color, ancestry, national 
                                origin, age, sex, or marital status.
                            ``(iii) Recommendations.--A report 
                        submitted under clause (i) may contain 
                        recommendations to Congress on possible 
                        legislative improvements to this section.
                            ``(iv) Additional information.--Upon the 
                        request of any member of Congress, the Attorney 
                        General shall make available any of the data 
                        compiled or aggregated under this paragraph. 
                        The Attorney General shall not make available 
                        any data that identifies specific individuals.
    ``(j) Limitation on Liability.--
            ``(1) In general.--
                    ``(A) Failure to conduct criminal background 
                checks.--No participating entity shall be liable in an 
                action for damages solely for failure to conduct a 
                criminal background check on a covered individual.
                    ``(B) Failure to take adverse action against 
                covered individual.--No participating entity shall be 
                liable in an action for damages solely for a failure to 
                take action adverse to a covered individual upon 
                receiving any notice of criminal history from the 
                applicant processing center under subsection (c)(2)(H).
            ``(2) Reliance.--The applicant processing center or a 
        participating entity that reasonably relies on criminal history 
        record information received in response to a background check 
        under this section shall not be liable in an action for damages 
        based on the inaccuracy or incompleteness of that information.
            ``(3) National center for missing and exploited children.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the National Center for 
                Missing and Exploited Children, including a director, 
                officer, employee, or agent of the National Center for 
                Missing and Exploited Children, shall not be liable in 
                an action for damages relating to the performance of 
                the responsibilities and functions of the National 
                Center for Missing and Exploited Children under this 
                section.
                    ``(B) Intentional, reckless, or other misconduct.--
                Subparagraph (A) shall not apply in an action if the 
                National Center for Missing and Exploited Children, or 
                a director, officer, employee, or agent of the National 
                Center for Missing and Exploited Children, engaged in 
                intentional misconduct or acted, or failed to act, with 
                actual malice, with reckless disregard to a substantial 
                risk of causing injury without legal justification, or 
                for a purpose unrelated to the performance of 
                responsibilities or functions under this section.
                    ``(C) Ordinary business activities.--Subparagraph 
                (A) shall not apply to an act or omission relating to 
                an ordinary business activity, such as an activity 
                involving general administration or operations, the use 
                of motor vehicles, or personnel management.
    ``(k) Privacy of Information.--
            ``(1) Prohibition on unauthorized disclosure or use of 
        criminal history records.--Except for a covered individual, any 
        entity or individual authorized to receive or transmit 
        fingerprints or criminal history records under this Act--
                    ``(A) shall use the fingerprints, criminal history 
                records, or information in the criminal history records 
                only for the purposes specifically set forth in this 
                Act;
                    ``(B) shall allow access to the fingerprints, 
                criminal history records, or information in the 
                criminal history records only to those employees of the 
                entity, and only on such terms, as are necessary to 
                fulfill the purposes set forth in this Act;
                    ``(C) shall not disclose the fingerprints, criminal 
                history records, or information in the criminal history 
                records, except as specifically authorized under this 
                Act;
                    ``(D) shall keep a written record of each 
                authorized disclosure of the fingerprints, criminal 
                history records, or the information in the criminal 
                history records; and
                    ``(E) shall maintain adequate security measures to 
                ensure the confidentiality of the fingerprints, the 
                criminal history records, and the information in the 
                criminal history records.
            ``(2) Compliance.--
                    ``(A) In general.--If the applicant processing 
                center is established within the Federal Government, 
                the Attorney General shall promulgate regulations to 
                ensure the enforcement of the nondisclosure 
                requirements under paragraph (1) and to provide for 
                appropriate sanctions in the case of violations of the 
                requirements.
                    ``(B) Participating entities and applicant 
                processing center.--The participation in any program 
                under this section by a participating entity or a 
                nongovernmental entity that enters into an agreement 
                with the Attorney General to establish an applicant 
                processing center shall be conditioned on the 
                participating entity or nongovernmental entity--
                            ``(i) establishing procedures to ensure 
                        compliance with, and respond to any violations 
                        of, paragraph (1); and
                            ``(ii) maintaining substantial compliance 
                        with paragraph (1).
            ``(3) Destruction of records.--The applicant processing 
        center shall destroy any fingerprints or criminal history 
        record received under this Act after any transaction based on 
        the fingerprints or criminal history record is completed, and 
        shall not maintain the fingerprints, the criminal history 
        records, or the information in the criminal history record in 
        any form.''.

SEC. 4. EXTENSION OF CHILD SAFETY PILOT.

    Section 108(a)(3)(A) of the PROTECT Act (42 U.S.C. 5119a note) is 
amended--
            (1) by striking ``60-month''; and
            (2) by adding at the end the following: ``The Child Safety 
        Pilot Program under this paragraph shall terminate on the date 
        that the program for national criminal history background 
        checks for child-serving organizations established under the 
        Child Protection Improvements Act of 2008 is operating and able 
        to enroll any organization using the Child Safety Pilot 
        Program.''.
                                                       Calendar No. 904

110th CONGRESS

  2d Session

                                S. 2756

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                                 A BILL

   To amend the National Child Protection Act of 1993 to establish a 
                   permanent background check system.

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                             July 28, 2008

                       Reported with an amendment