[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 163 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 163
To amend the National Child Protection Act of 1993 to establish a
permanent background check system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2009
Mr. Ensign (for himself, Mr. Bayh, Mr. Isakson, Mrs. McCaskill, and Mr.
Specter) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Improvements Act of
2009''.
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 2009, 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 2009
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 2010, 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 2010 through 2014 to support the criminal history
resource center.
``(3) Sense of the senate.--It is the sense of the Senate
that in fiscal year 2010, 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 2009, 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 2009, 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 2009, 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 2009 is operating and able
to enroll any organization using the Child Safety Pilot
Program.''.
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