[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 645 Reported in Senate (RS)]

                                                       Calendar No. 512
112th CONGRESS
  2d Session
                                 S. 645

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

Mr. Schumer (for himself, Mr. Hatch, Mr. Ensign, Mr. Brown of Ohio, Mr. 
Johanns, Mr. Whitehouse, Mrs. Gillibrand, Mr. Franken, Mr. Blunt, Mrs. 
Feinstein, Mr. Blumenthal, Ms. Klobuchar, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                           September 19, 2012

                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 2011''.</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 history records on more 
        than 65,000,000 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 history 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 relevant information about criminal histories 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 background 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 
        history 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 from $15.25 
        to $30.25, depending on the method of processing, 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 background checks. Of 68,000 
        background checks performed through the pilot program as of May 
        2009, 6 percent of volunteer applicants were found to have a 
        criminal history 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 by the Child Safety Pilot Program, it was found that 
        over 41 percent of the individuals with criminal histories 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 history falsely indicated on their application 
        form that they did not have a criminal history.</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 `background check designee' means 
        the entity or organization, if any, designated by or entering 
        an agreement with the Attorney General under subsection 
        (b)(3)(A) to carry out or assist in carrying out the duties 
        described in subsection (c);</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 `criminal history review designee' 
        means 1 or more Federal, State, or local government agencies, 
        if any, designated by or entering an agreement with the 
        Attorney General under subsection (b)(3)(B) to carry out or 
        assist in carrying out the criminal history review 
        program;</DELETED>
        <DELETED>    ``(6) the term `criminal history review program' 
        means the program established under subsection 
        (b)(1)(B);</DELETED>
        <DELETED>    ``(7) the term `identification document' has the 
        meaning given that term in section 1028 of title 18, United 
        States Code;</DELETED>
        <DELETED>    ``(8) the term `participating entity' means a 
        covered entity that is--</DELETED>
                <DELETED>    ``(A) located in a State that does not 
                have a qualified State program; and</DELETED>
                <DELETED>    ``(B) approved under subsection (f) to 
                receive nationwide background checks in accordance with 
                subsection (c) and participate in the criminal history 
                review program;</DELETED>
        <DELETED>    ``(9) 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)(2) to ensure that a wide range of youth-serving 
        organizations have affordable and timely access to nationwide 
        background checks;</DELETED>
        <DELETED>    ``(10) the term `open arrest' means an arrest 
        relating to which charges may still be brought, taking into 
        consideration the applicable statute of limitations;</DELETED>
        <DELETED>    ``(11) the term `pending charge' means a criminal 
        charge that has not been resolved through conviction, 
        acquittal, dismissal, plea bargain, or any other 
        means;</DELETED>
        <DELETED>    ``(12) 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>    ``(13) 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.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year after the 
        date of enactment of the Child Protection Improvements Act of 
        2011, the Attorney General shall--</DELETED>
                <DELETED>    ``(A) establish policies and procedures to 
                carry out the duties described in subsection (c); 
                and</DELETED>
                <DELETED>    ``(B) establish a criminal history review 
                program in accordance with subsection (d).</DELETED>
        <DELETED>    ``(2) Assessments.--The Attorney General shall 
        conduct--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) charges a covered entity 
                        not more than a total of $25 and the fee 
                        charged by the Federal Bureau of Investigation 
                        for a nationwide background check; 
                        and</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) in addition to an annual assessment 
                under subparagraph (A), an assessment described in that 
                subparagraph of a State authorized agency if--
                </DELETED>
                        <DELETED>    ``(i) a State authorized agency 
                        that does not have a qualified State program 
                        requests such an assessment; or</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Designees.--The Attorney General may--
        </DELETED>
                <DELETED>    ``(A) designate 1 or more Federal 
                Government agencies or enter into an agreement with any 
                other entity or organization, or entities or 
                organizations to carry out or assist in carrying out 
                the duties described in subsection (c); and</DELETED>
                <DELETED>    ``(B) designate a Federal Government 
                agency or enter into an agreement with 1 or more 
                Federal, State, or local government agencies to carry 
                out or assist in carrying out the criminal history 
                review program.</DELETED>
<DELETED>    ``(c) Access to Nationwide Background Checks.--</DELETED>
        <DELETED>    ``(1) Purpose.--The purpose of this section 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 Attorney General or the 
        background check designee shall--</DELETED>
                <DELETED>    ``(A) handle inquiries from covered 
                entities and inform covered entities about how to 
                request nationwide background checks--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) provide participating entities with 
                access to nationwide background checks on covered 
                individuals in accordance with this section;</DELETED>
                <DELETED>    ``(C) receive paper and electronic 
                requests for nationwide background checks on covered 
                individuals from participating entities;</DELETED>
                <DELETED>    ``(D) 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 Attorney 
                        General or the background check designee and 
                        provide criminal history records to the 
                        Attorney General or the criminal history review 
                        designee; and</DELETED>
                        <DELETED>    ``(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 
                        Attorney General or the background check 
                        designee;</DELETED>
                <DELETED>    ``(E) 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>    ``(F) collect a fee to conduct the 
                nationwide background check, and, if appropriate, a 
                State criminal background check, and remit fees to the 
                Attorney General or the criminal history review 
                designee, the Federal Bureau of Investigation, and, if 
                appropriate, the State authorized agencies; 
                and</DELETED>
                <DELETED>    ``(G) coordinate with the Federal Bureau 
                of Investigation, participating State authorized 
                agencies, and the Attorney General or the criminal 
                history review designee to ensure that background check 
                requests are being completed within the time periods 
                specified in subsection (e).</DELETED>
        <DELETED>    ``(3) Required information.--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 name, address, 
                        and date of birth of the covered individual, as 
                        those items of information appear on a valid 
                        identification document, and demographic 
                        characteristics defined at subsection 
                        (j)(2)(A);</DELETED>
                        <DELETED>    ``(ii) 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>    ``(iii) notifies the covered 
                        individual that the signature of the covered 
                        individual constitutes consent to participate 
                        in the criminal history review program, under 
                        which the participating entity may be informed 
                        if the criminal history records of the covered 
                        individual reveal a criminal history that 
                        warrants special concern or further 
                        inquiry;</DELETED>
                        <DELETED>    ``(iv) notifies the covered 
                        individual that the covered individual shall be 
                        provided with a copy of the criminal history 
                        records of the covered individual and shall 
                        have 10 business days to review the records, 
                        challenge the accuracy or completeness of any 
                        information in the records, or withdraw consent 
                        to participate in the criminal history review 
                        program before any information about the 
                        criminal history of the covered individual is 
                        provided to the participating entity; 
                        and</DELETED>
                        <DELETED>    ``(v) 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.</DELETED>
        <DELETED>    ``(4) Fees.--</DELETED>
                <DELETED>    ``(A) In general.--The Attorney General or 
                the background check designee may collect a fee to 
                defray the costs of carrying out the duties described 
                in this subsection and the duties of the criminal 
                history review designee under this section--</DELETED>
                        <DELETED>    ``(i) for a nationwide background 
                        check and criminal history review, in an amount 
                        not to exceed the lesser of--</DELETED>
                                <DELETED>    ``(I) the sum of--
                                </DELETED>
                                        <DELETED>    ``(aa) the actual 
                                        cost to the Attorney General or 
                                        the background check designee 
                                        of conducting a nationwide 
                                        background check; and</DELETED>
                                        <DELETED>    ``(bb) the actual 
                                        cost to the Attorney General or 
                                        the criminal history review 
                                        designee of conducting a 
                                        criminal history review under 
                                        this section; or</DELETED>
                                <DELETED>    ``(II) to the extent 
                                practicable, no greater than $25 for a 
                                covered individual who volunteers with 
                                a covered entity except that where 
                                practicable the fee may be waived by 
                                the Attorney General upon a showing of 
                                substantial hardship; and</DELETED>
                        <DELETED>    ``(ii) for a State criminal 
                        background check described in paragraph (2)(D), 
                        in the amount specified in the agreement with 
                        the applicable State authorized agency, not to 
                        exceed $25.</DELETED>
                <DELETED>    ``(B) 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) Criminal History Review Program.--</DELETED>
        <DELETED>    ``(1) Purpose.--The purpose of the criminal 
        history review program is to provide participating entities 
        with reliable and accurate information regarding whether a 
        covered individual has been convicted of, or has an open arrest 
        or pending charges for, a crime that may bear 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.--The Attorney General or the 
        criminal history review designee shall--</DELETED>
                <DELETED>    ``(A) establish procedures to securely 
                receive criminal history records from the Federal 
                Bureau of Investigation, if necessary, and from State 
                authorized agencies, if appropriate;</DELETED>
                <DELETED>    ``(B) after receiving a criminal history 
                record from the Federal Bureau of Investigation 
                transmit to the covered individual--</DELETED>
                        <DELETED>    ``(i) the criminal history 
                        records;</DELETED>
                        <DELETED>    ``(ii) a detailed notification of 
                        the rights of the covered individual under 
                        subsection (g); and</DELETED>
                        <DELETED>    ``(iii) information about how to 
                        contact the Attorney General or criminal 
                        history review designee for the purpose of 
                        challenging the accuracy or completeness of any 
                        information in the criminal history record or 
                        to withdraw consent to participate in the 
                        criminal history review program;</DELETED>
                <DELETED>    ``(C) if the covered individual informs 
                the Attorney General or criminal history review 
                designee that the covered individual intends to 
                challenge the accuracy or completeness of any 
                information in the criminal history record, assist the 
                covered individual in contacting the appropriate 
                persons or offices within the Federal Bureau of 
                Investigation or State authorized agency;</DELETED>
                <DELETED>    ``(D) make determinations regarding 
                whether the criminal history records received in 
                response to a criminal history background check 
                conducted under this section indicate that the covered 
                individual has a criminal history that may bear on the 
                covered individual's fitness to provide care to 
                children, based solely on the criteria described in 
                paragraph (3);</DELETED>
                <DELETED>    ``(E) unless the covered individual has 
                withdrawn consent to participate in the criminal 
                history review program, convey to the participating 
                entity that submitted the request for a nationwide 
                background check--</DELETED>
                        <DELETED>    ``(i) which of the 3 
                        categorizations described in paragraph (3) 
                        criminal conviction of special concern 
                        identified, further inquiry recommended, or no 
                        criminal records of special concern identified 
                        apply to the covered individual;</DELETED>
                        <DELETED>    ``(ii) information and guidance 
                        relating to the appropriate use of criminal 
                        history information when making decisions 
                        regarding hiring employees and using 
                        volunteers;</DELETED>
                        <DELETED>    ``(iii) if a criminal history that 
                        meets the criteria set forth in subparagraph 
                        (A) or (B) of paragraph (3) is found, a 
                        recommendation to the participating entity to 
                        consult with the covered individual in order to 
                        obtain more information about the criminal 
                        history of the covered individual, and a list 
                        of factors to consider in assessing the 
                        significance of that criminal history, 
                        including--</DELETED>
                                <DELETED>    ``(I) the nature, gravity, 
                                and circumstances of the offense, 
                                including whether the individual was 
                                convicted of the offense;</DELETED>
                                <DELETED>    ``(II) the period of time 
                                that has elapsed since the date of the 
                                offense or end of a period of 
                                incarceration or supervised 
                                release;</DELETED>
                                <DELETED>    ``(III) the nature of the 
                                position held or sought; and</DELETED>
                                <DELETED>    ``(IV) any evidence of 
                                rehabilitation; and</DELETED>
                        <DELETED>    ``(iv) instructions and guidance 
                        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 and the Equal 
                        Employment Opportunity Commission Policy 
                        Guidance on the Consideration of Arrest Records 
                        in Employment Decisions under Title VII of the 
                        Civil Rights Act of 1964 or any successor 
                        thereto issued by the Equal Employment 
                        Opportunity Commission;</DELETED>
                <DELETED>    ``(F) if a covered individual has 
                withdrawn consent to participate in the criminal 
                history review program, inform the participating entity 
                that consent has been withdrawn;</DELETED>
                <DELETED>    ``(G) work with the Attorney General or 
                the background check designee and the Federal Bureau of 
                Investigation to develop processes and procedures to 
                ensure that criminal history background check requests 
                are completed within the time periods specified in 
                subsection (e); and</DELETED>
                <DELETED>    ``(H) serve as a national resource center 
                to provide guidance and assistance to participating 
                entities on how to interpret criminal history 
                information, the possible restrictions that apply when 
                making hiring decisions based on criminal histories, 
                and other related information.</DELETED>
        <DELETED>    ``(3) Criminal history review criteria.--The 
        Attorney General or the criminal history review designee shall, 
        in determining when a criminal history record indicates that a 
        covered individual has a criminal history that may bear on the 
        fitness of the covered individual to provide care to children--
        </DELETED>
                <DELETED>    ``(A) assign a categorization of criminal 
                conviction of special concern identified if a covered 
                individual is found to have a conviction that would 
                prevent the individual from being approved as a foster 
                or adoptive parent under section 471(a)(20)(A) of the 
                Social Security Act (42 U.S.C. 
                671(a)(20)(A));</DELETED>
                <DELETED>    ``(B) assign a categorization of further 
                inquiry recommended if a covered individual is found to 
                have--</DELETED>
                        <DELETED>    ``(i) a conviction for a serious 
                        misdemeanor, committed against a child, 
                        involving the same type of conduct prohibited 
                        by a felony described in section 471(a)(20)(A) 
                        of the Social Security Act (42 U.S.C. 
                        671(a)(20)(A));</DELETED>
                        <DELETED>    ``(ii) a conviction for a serious 
                        misdemeanor, not committed against a child, 
                        involving the same type of conduct prohibited 
                        by a felony described in section 471(a)(20)(A) 
                        of the Social Security Act (42 U.S.C. 
                        671(a)(20)(A)) unless 5 years has elapsed since 
                        the later of the date of conviction and the 
                        date of release of the person from imprisonment 
                        for that conviction;</DELETED>
                        <DELETED>    ``(iii) an open arrest or pending 
                        charge for a felony described in, or a serious 
                        misdemeanor involving the same type of conduct 
                        prohibited by a felony described in, section 
                        471(a)(20)(A) of the Social Security Act (42 
                        U.S.C. 671(a)(20)(A)); and</DELETED>
                <DELETED>    ``(C) assign a categorization of no 
                criminal records of special concern identified for a 
                covered individual that does not meet the criteria 
                described in subparagraph (A) or (B).</DELETED>
<DELETED>    ``(e) Timing.--</DELETED>
        <DELETED>    ``(1) In general.--Unless exceptional 
        circumstances apply, criminal background checks shall be 
        completed according to the time frame under this subsection. 
        The Attorney General or the background check designee shall 
        work with the criminal history review designee and the Federal 
        Bureau of Investigation to ensure that the time limits under 
        this subsection are being achieved.</DELETED>
        <DELETED>    ``(2) Application processing.--The Attorney 
        General or the background check designee shall electronically 
        submit a national background check request to the Federal 
        Bureau of Investigation and, if appropriate, the participating 
        State authorized agency not later than 2 business days after 
        the date on which a request for a national background check is 
        received by the Attorney General or the background check 
        designee.</DELETED>
        <DELETED>    ``(3) Conduct of background checks.--The Federal 
        Bureau of Investigation and, if appropriate, a State authorized 
        agency shall provide criminal history records to the Attorney 
        General or the criminal history review designee not later than 
        2 business days after the date on which the Federal Bureau of 
        Investigation or State authorized agency, as the case may be, 
        receives a request for a nationwide background check from the 
        Attorney General or the background check designee.</DELETED>
        <DELETED>    ``(4) Provision of records to covered individuals 
        and opportunity to challenge.--</DELETED>
                <DELETED>    ``(A) In general.--When the Attorney 
                General or the criminal history review designee finds 
                that the criminal history records of a covered 
                individual fall within the categorizations described in 
                subparagraph (A) or (B) of subsection (d)(3), the 
                Attorney General or criminal history review designee 
                shall provide the covered individual with the criminal 
                history records of the covered individual and a 
                detailed notification of the rights of the covered 
                individual under subsection (g) not later than 1 
                business day after the date on which the Attorney 
                General or criminal history review designee receives a 
                criminal history record from the Federal Bureau of 
                Investigation and, if necessary, resolves any 
                potentially incomplete information in accordance with 
                subsection (d)(2)(B).</DELETED>
                <DELETED>    ``(B) Opportunity to challenge.--The 
                covered individual shall have 10 business days from the 
                date the criminal history records and notification 
                described in subparagraph (A) are sent to challenge the 
                accuracy or completeness of any information in the 
                criminal history record or to withdraw consent to 
                participate in the criminal history review 
                program.</DELETED>
        <DELETED>    ``(5) Criminal history reviews.--Unless the 
        Federal Bureau of Investigation certifies that further time is 
        required to resolve a challenge brought by a covered 
        individual, the Attorney General or the criminal history review 
        designee shall convey to the participating entity the 
        information set forth in subparagraph (F) or (G) of subsection 
        (d)(2), as appropriate, 10 business days after providing the 
        covered individuals with the criminal history records of the 
        covered individual and a notification of their rights under 
        subsection (g).</DELETED>
<DELETED>    ``(f) Participation in Program.--</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General or the 
        background check designee shall determine whether an entity is 
        a covered entity and whether that covered entity should be 
        approved as a participating entity, based on--</DELETED>
                <DELETED>    ``(A) whether the entity is located in a 
                State that has a qualified State program; and</DELETED>
                <DELETED>    ``(B) the consultation conducted under 
                paragraph (2).</DELETED>
        <DELETED>    ``(2) Consultation.--In determining how many 
        covered entities to approve as participating entities, the 
        Attorney General or the background check designee shall consult 
        quarterly with the Federal Bureau of Investigation and the 
        criminal history review designee to determine the volume of 
        requests for national background checks that can be completed, 
        based on the capacity of the criminal history review program 
        and the Federal Bureau of Investigation, the availability of 
        resources, and the demonstrated need for national background 
        checks 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 Attorney General 
        or the background check designee 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 2011 and to any other nonprofit 
        organizations.</DELETED>
<DELETED>    ``(g) Right of Covered Individuals To Challenge Accuracy 
or Completeness of Records.--A covered individual who is the subject of 
a nationwide background check under this section may challenge the 
accuracy and completeness of the criminal history records in the 
criminal history report as provided in subsection (d)(2)(D), without 
submitting a separate set of fingerprints or an additional 
fee.</DELETED>
<DELETED>    ``(h) Duties of the Federal Bureau of Investigation.--
</DELETED>
        <DELETED>    ``(1) Response to a request for criminal 
        background records.--Upon request by the Attorney General or 
        background check designee, the Federal Bureau of Investigation 
        shall conduct a nationwide background check and provide any 
        criminal history records to the Attorney General or criminal 
        history review designee.</DELETED>
        <DELETED>    ``(2) Resolution of challenges.--If a covered 
        individual challenges the accuracy or completeness of any 
        information in the criminal history record of the covered 
        individual, the Federal Bureau of Investigation, in 
        consultation with the agency that contributed to the record, 
        shall--</DELETED>
                <DELETED>    ``(A) investigate the challenge with 
                relevant departments and agencies of the Federal 
                Government and State and local governments;</DELETED>
                <DELETED>    ``(B) promptly make a determination 
                regarding the accuracy and completeness of the 
                challenged information; and</DELETED>
                <DELETED>    ``(C) correct any inaccurate or incomplete 
                records.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to the Attorney General for each of fiscal years 
        2012 through 2015 such sums as are necessary to carry out the 
        provisions of this Act.</DELETED>
        <DELETED>    ``(2) Sense of the congress.--It is the sense of 
        the Congress that in fiscal year 2012, and each fiscal year 
        thereafter, the fees collected by the Attorney General or the 
        background check designee should be sufficient to carry out the 
        duties of the Attorney General or the background check designee 
        under this section and to help support the criminal history 
        review program.</DELETED>
<DELETED>    ``(j) Collection of Data and Report to Congress.--
</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year after the 
        establishment of the program created under subsection (b), 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.</DELETED>
        <DELETED>    ``(2) Collection of data.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Compiling.--Beginning not later than 
                90 days after the establishment of the program under 
                subsection (b), the Attorney General shall compile data 
                regarding--</DELETED>
                        <DELETED>    ``(i) the number and types of 
                        participating entities;</DELETED>
                        <DELETED>    ``(ii) the fees charged to 
                        participating entities under this 
                        section;</DELETED>
                        <DELETED>    ``(iii) the time interval between 
                        nationwide background check submissions and 
                        responses under this section;</DELETED>
                        <DELETED>    ``(iv) the fiscal impact of this 
                        section on State authorized agencies;</DELETED>
                        <DELETED>    ``(v) the number and demographic 
                        characteristics of covered individuals 
                        submitting a statement described in subsection 
                        (c)(3)(A)(iii) as part of a request for a 
                        nationwide background check;</DELETED>
                        <DELETED>    ``(vi) the number and demographic 
                        characteristics of covered individuals 
                        determined to have a criminal 
                        history;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(viii) the procedures available 
                        for covered individuals to challenge the 
                        accuracy and completeness of criminal history 
                        records under this section;</DELETED>
                        <DELETED>    ``(ix) the number and results of 
                        challenges to the accuracy and completeness of 
                        criminal history records under this 
                        section;</DELETED>
                        <DELETED>    ``(x) the number and types of 
                        corrections of erroneous criminal history 
                        records based on a challenge under this 
                        section;</DELETED>
                        <DELETED>    ``(xi) the number and types of 
                        inquiries for assistance on interpreting a 
                        criminal history received by the criminal 
                        history review program; and</DELETED>
                        <DELETED>    ``(xii) to the extent practicable, 
                        the number of covered individuals denied 
                        employment based on the criminal history 
                        information provided by the Attorney General or 
                        the criminal history review designee.</DELETED>
                <DELETED>    ``(C) Aggregating data.--The Attorney 
                General shall--</DELETED>
                        <DELETED>    ``(i) aggregate the data collected 
                        under this paragraph by State and city; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Reports.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        1 year after the date of enactment of the Child 
                        Protection Improvements Act of 2011, and 
                        annually thereafter, the Attorney General shall 
                        prepare and submit to Congress a report 
                        concerning the data compiled and aggregated 
                        under this paragraph.</DELETED>
                        <DELETED>    ``(ii) Contents.--Each report 
                        submitted under clause (i) shall contain--
                        </DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) information 
                                regarding and analysis of--</DELETED>
                                        <DELETED>    ``(aa) the 
                                        programs and procedures 
                                        established under this section; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) the extent 
                                        such programs and procedures 
                                        have helped screen individuals 
                                        who may pose a risk to 
                                        children; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Recommendations.--A report 
                        submitted under clause (i) may contain 
                        recommendations to Congress on possible 
                        legislative improvements to this 
                        section.</DELETED>
                        <DELETED>    ``(iv) Additional information.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Upon 
                                the request of any member of Congress, 
                                the Attorney General shall make 
                                available any of the data compiled or 
                                aggregated under this 
                                paragraph.</DELETED>
                                <DELETED>    ``(II) Exception.--The 
                                Attorney General shall not make 
                                available any data that identifies 
                                specific individuals.</DELETED>
<DELETED>    ``(k) Limitation on Liability.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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 
                Attorney General or the criminal history review 
                designee under subsection (d)(2)(F).</DELETED>
        <DELETED>    ``(2) Reliance.--A participating entity that 
        reasonably relies on criminal history records 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) Criminal history review program.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C) the background check designee 
                and the criminal history review designee, including a 
                director, officer, employee, or agent of the background 
                check designee, or the criminal history review 
                designee, shall not be liable in an action for damages 
                relating to the performance of the responsibilities and 
                functions of the background check designee and the 
                criminal history review designee under this 
                section.</DELETED>
                <DELETED>    ``(B) Intentional, reckless, or other 
                misconduct.--Subparagraph (A) shall not apply in an 
                action if the background check designee, or the 
                criminal history review designee, or a director, 
                officer, employee, or agent of the background check 
                designee, or the criminal history review designee, 
                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>    ``(l) Privacy of Information.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) shall not disclose the fingerprints, 
                criminal history records, or information in the 
                criminal history records, except as specifically 
                authorized under this Act;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Compliance.--</DELETED>
                <DELETED>    ``(A) In general.--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.</DELETED>
                <DELETED>    ``(B) Participating entities and 
                designees.--The participation in any program under this 
                section by an entity or organization that enters into 
                an agreement with the Attorney General to carry out the 
                duties described in subsection (c) or to carry out the 
                criminal history review program shall be conditioned on 
                the person--</DELETED>
                        <DELETED>    ``(i) establishing procedures to 
                        ensure compliance with, and respond to any 
                        violations of, paragraph (1); and</DELETED>
                        <DELETED>    ``(ii) maintaining substantial 
                        compliance with paragraph (1).</DELETED>
        <DELETED>    ``(3) Destruction of records.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the Attorney General, the background 
                check designee, and the criminal history review 
                designee shall destroy any fingerprints, either in 
                paper or electronic form, or criminal history record 
                received for the purpose of carrying out the provisions 
                of 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.</DELETED>
                <DELETED>    ``(B) Exception.--This paragraph shall not 
                apply to the retention of fingerprints by the FBI, upon 
                consent of the covered individual or in accordance with 
                State or Federal procedures, for the purpose of 
                providing fingerprint verification or subsequent hit 
                notification services, or for the retention of criminal 
                history record information which updates the criminal 
                history record.</DELETED>
                <DELETED>    ``(C) Repeat applicants.--A covered 
                individual may sign a release permitting the Attorney 
                General or background check designee to retain the 
                fingerprints of the covered individual for a period not 
                to exceed 5 years, for the sole purpose of 
                participating in the criminal history review program on 
                a subsequent occasion.''.</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 ``104-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 is 1 year after the date of enactment of the 
        Child Protection Improvements Act of 2011.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protection Improvements Act of 
2012''.

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 history records on more than 71,000,000 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 
        history 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 relevant 
        information about criminal histories 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 
        background 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 history 
        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 from $15.25 to 
        $30.25, depending on the method of processing, 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 background checks. Of 77,000 background checks 
        performed through the pilot program, 6 percent of volunteer 
        applicants were found to have a criminal history 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 by 
        the Child Safety Pilot Program, it was found that over 40 
        percent of the individuals with criminal histories 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 history falsely indicated on their application 
        form that they did not have a criminal history.
            (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 `background check designee' means the entity 
        or organization, if any, designated by or entering an agreement 
        with the Attorney General under subsection (b)(3)(A) to carry 
        out or assist in carrying out the duties described in 
        subsection (c);
            ``(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 review designee' means 1 
        or more Federal, State, or local government agencies, if any, 
        designated by or entering an agreement with the Attorney 
        General under subsection (b)(3)(B) to carry out or assist in 
        carrying out the criminal history review program;
            ``(6) the term `criminal history review program' means the 
        program established under subsection (b)(1)(B);
            ``(7) the term `identification document' has the meaning 
        given that term in section 1028 of title 18, United States 
        Code;
            ``(8) the term `open arrest' means an arrest relating to 
        which charges may still be brought, taking into consideration 
        the applicable statute of limitations;
            ``(9) the term `pending charge' means a criminal charge 
        that has not been resolved through conviction, acquittal, 
        dismissal, plea bargain, or any other means;
            ``(10) the term `serious misdemeanor' means--
                    ``(A) an offense described in section 3581(b)(6) of 
                title 18, United States Code; or
                    ``(B) for a State offense, an offense carrying a 
                penalty of more than 6 months, but not more than 1 
                year;
            ``(11) 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
            ``(12) 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.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Child Protection Improvements Act of 2012, the 
        Attorney General shall--
                    ``(A) establish policies and procedures to carry 
                out the duties described in subsection (c); and
                    ``(B) establish a criminal history review program 
                in accordance with subsection (d).
            ``(2) Designees.--The Attorney General may designate 1 or 
        more Federal Government agencies or enter into an agreement 
        with any other entity or organization, or entities or 
        organizations to carry out or assist in carrying out the duties 
        described in subsection (c).
    ``(c) Access to Nationwide Background Checks.--
            ``(1) Purpose.--The purpose of this section is to 
        streamline the process of obtaining nationwide background 
        checks, provide effective customer service, and facilitate 
        widespread access to nationwide background checks by covered 
        entities.
            ``(2) Duties.--The Attorney General or the background check 
        designee shall--
                    ``(A) handle inquiries from covered entities and 
                inform covered entities about how to request nationwide 
                background checks;
                    ``(B) provide covered entities with access to 
                nationwide background checks on covered individuals in 
                accordance with this section;
                    ``(C) receive paper and electronic requests for 
                nationwide background checks on covered individuals 
                from covered entities;
                    ``(D) convert all paper fingerprint cards into an 
                electronic form and securely transmit all fingerprints 
                electronically to the national criminal history 
                background check system;
                    ``(E) collect a fee to conduct the nationwide 
                background check, and, if appropriate, a State criminal 
                background check, and remit fees to the Attorney 
                General or the criminal history review designee and the 
                Federal Bureau of Investigation; and
                    ``(F) coordinate with the Federal Bureau of 
                Investigation and the Attorney General or the criminal 
                history review designee to ensure that background check 
                requests are being completed within the time periods 
                specified in subsection (e).
            ``(3) Required information.--A request for a nationwide 
        background check by a covered 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 name, address, and date 
                        of birth of the covered individual, as those 
                        items of information appear on a valid 
                        identification document;
                            ``(ii) notifies the covered individual that 
                        the Attorney General 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;
                            ``(iii) notifies the covered individual 
                        that the signature of the covered individual 
                        constitutes consent to participate in the 
                        criminal history review program, under which 
                        the covered entity may be informed if the 
                        criminal history records of the covered 
                        individual reveal a criminal history that 
                        warrants special concern or further inquiry;
                            ``(iv) notifies the covered individual that 
                        the covered individual shall be provided with a 
                        copy of the criminal history records of the 
                        covered individual and shall have 10 business 
                        days to review the records, challenge the 
                        accuracy or completeness of any information in 
                        the records, or withdraw consent to participate 
                        in the criminal history review program before 
                        any information about the criminal history of 
                        the covered individual is provided to the 
                        covered entity; and
                            ``(v) notifies the covered individual that 
                        prior to and after the completion of the 
                        background check, the covered entity may choose 
                        to deny the covered individual access to 
                        children.
            ``(4) Fees.--
                    ``(A) In general.--The Attorney General or the 
                background check designee shall collect a fee to offset 
                the costs of carrying out the duties described in this 
                subsection and the duties of the criminal history 
                review designee under this section for a nationwide 
                background check and criminal history review, in an 
                amount equal to the sum of--
                            ``(i) the actual cost to the Attorney 
                        General or the background check designee of 
                        conducting a nationwide background check; and
                            ``(ii) the actual cost to the Attorney 
                        General or the criminal history review designee 
                        of conducting a criminal history review under 
                        this section; and
                    ``(B) Prohibition on fees.--
                            ``(i) In general.--A covered 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 have the authority to collect restitution 
                        from any covered entity that the Attorney 
                        General determines violated clause (i).
    ``(d) Criminal History Review Program.--
            ``(1) Purpose.--The purpose of the criminal history review 
        program is to provide covered entities with reliable and 
        accurate information regarding whether a covered individual has 
        been convicted of, or has an open arrest or pending charges 
        for, a crime that may bear upon the fitness of the covered 
        individual to have responsibility for the safety and well-being 
        of the children in their care.
            ``(2) Requirements.--The Attorney General or the criminal 
        history review designee shall--
                    ``(A) establish procedures to securely receive 
                criminal history records from the Federal Bureau of 
                Investigation, if necessary;
                    ``(B) after receiving a criminal history record 
                from the Federal Bureau of Investigation transmit to 
                the covered individual--
                            ``(i) the criminal history records;
                            ``(ii) a detailed notification of the 
                        rights of the covered individual under 
                        subsection (g); and
                            ``(iii) information about how to contact 
                        the Attorney General or criminal history review 
                        designee for the purpose of challenging the 
                        accuracy or completeness of any information in 
                        the criminal history record or to withdraw 
                        consent to participate in the criminal history 
                        review program;
                    ``(C) if the covered individual informs the 
                Attorney General or criminal history review designee 
                that the covered individual intends to challenge the 
                accuracy or completeness of any information in the 
                criminal history record, assist the covered individual 
                in contacting the appropriate persons or offices within 
                the Federal Bureau of Investigation;
                    ``(D) make determinations regarding whether the 
                criminal history records received in response to a 
                criminal history background check conducted under this 
                section indicate that the covered individual has a 
                criminal history that may bear on the covered 
                individual's fitness to provide care to children, based 
                solely on the criteria described in paragraph (3);
                    ``(E) unless the covered individual has withdrawn 
                consent to participate in the criminal history review 
                program, convey to the covered entity that submitted 
                the request for a nationwide background check--
                            ``(i) which of the 3 categorizations 
                        described in paragraph (3) criminal conviction 
                        of special concern identified, further inquiry 
                        recommended, or no criminal records of special 
                        concern identified apply to the covered 
                        individual;
                            ``(ii) information and guidance relating to 
                        the appropriate use of criminal history 
                        information when making decisions regarding 
                        hiring employees and using volunteers;
                            ``(iii) if a criminal history that meets 
                        the criteria set forth in subparagraph (A) or 
                        (B) of paragraph (3) is found, a recommendation 
                        to the participating entity to consult with the 
                        covered individual in order to obtain more 
                        information about the criminal history of the 
                        covered individual, and a list of factors to 
                        consider in assessing the significance of that 
                        criminal history, including--
                                    ``(I) the nature, gravity, and 
                                circumstances of the offense, including 
                                whether the individual was convicted of 
                                the offense;
                                    ``(II) the period of time that has 
                                elapsed since the date of the offense 
                                or end of a period of incarceration or 
                                supervised release;
                                    ``(III) the nature of the position 
                                held or sought; and
                                    ``(IV) any evidence of 
                                rehabilitation; and
                            ``(iv) instructions and guidance 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 and the Equal Employment 
                        Opportunity Commission Policy Guidance on the 
                        Consideration of Arrest Records in Employment 
                        Decisions under Title VII of the Civil Rights 
                        Act of 1964 or any successor thereto issued by 
                        the Equal Employment Opportunity Commission;
                    ``(F) if a covered individual has withdrawn consent 
                to participate in the criminal history review program, 
                inform the covered entity that consent has been 
                withdrawn;
                    ``(G) work with the Attorney General or the 
                background check designee and the Federal Bureau of 
                Investigation to develop processes and procedures to 
                ensure that criminal history background check requests 
                are completed within the time periods specified in 
                subsection (e); and
                    ``(H) serve as a national resource center to 
                provide guidance and assistance to covered entities on 
                how to interpret criminal history information, the 
                possible restrictions that apply when making hiring 
                decisions based on criminal histories, and other 
                related information.
            ``(3) Criminal history review criteria.--The Attorney 
        General or the criminal history review designee shall, in 
        determining when a criminal history record indicates that a 
        covered individual has a criminal history that may bear on the 
        fitness of the covered individual to provide care to children--
                    ``(A) assign a categorization of criminal 
                conviction of special concern identified if a covered 
                individual is found to have a conviction that would 
                prevent the individual from being approved as a foster 
                or adoptive parent under section 471(a)(20)(A) of the 
                Social Security Act (42 U.S.C. 671(a)(20)(A));
                    ``(B) assign a categorization of further inquiry 
                recommended if a covered individual is found to have--
                            ``(i) a conviction for a serious 
                        misdemeanor, committed against a child, 
                        involving the same type of conduct prohibited 
                        by a felony described in section 471(a)(20)(A) 
                        of the Social Security Act (42 U.S.C. 
                        671(a)(20)(A));
                            ``(ii) a conviction for a serious 
                        misdemeanor, not committed against a child, 
                        involving the same type of conduct prohibited 
                        by a felony described in section 471(a)(20)(A) 
                        of the Social Security Act (42 U.S.C. 
                        671(a)(20)(A)) unless 5 years has elapsed since 
                        the later of the date of conviction and the 
                        date of release of the person from imprisonment 
                        for that conviction;
                            ``(iii) an open arrest or pending charge 
                        for a felony described in, or a serious 
                        misdemeanor involving the same type of conduct 
                        prohibited by a felony described in, section 
                        471(a)(20)(A) of the Social Security Act (42 
                        U.S.C. 671(a)(20)(A)); and
                    ``(C) assign a categorization of no criminal 
                records of special concern identified for a covered 
                individual that does not meet the criteria described in 
                subparagraph (A) or (B).
    ``(e) Timing.--
            ``(1) In general.--Unless exceptional circumstances apply, 
        criminal background checks shall be completed according to the 
        time frame under this subsection. The Attorney General or the 
        background check designee shall work with the criminal history 
        review designee and the Federal Bureau of Investigation to 
        ensure that the time limits under this subsection are being 
        achieved.
            ``(2) Application processing.--The Attorney General or the 
        background check designee shall electronically submit a 
        national background check request to the Federal Bureau of 
        Investigation not later than 2 business days after the date on 
        which a request for a national background check is received by 
        the Attorney General or the background check designee.
            ``(3) Conduct of background checks.--The Federal Bureau of 
        Investigation shall provide criminal history records to the 
        Attorney General or the criminal history review designee not 
        later than 2 business days after the date on which the Federal 
        Bureau of Investigation receives a request for a nationwide 
        background check from the Attorney General or the background 
        check designee.
            ``(4) Provision of records to covered individuals and 
        opportunity to challenge.--
                    ``(A) In general.--When the Attorney General or the 
                criminal history review designee finds that the 
                criminal history records of a covered individual fall 
                within the categorizations described in subparagraph 
                (A) or (B) of subsection (d)(3), the Attorney General 
                or criminal history review designee shall provide the 
                covered individual with the criminal history records of 
                the covered individual and a detailed notification of 
                the rights of the covered individual under subsection 
                (g) not later than 1 business day after the date on 
                which the Attorney General or criminal history review 
                designee receives a criminal history record from the 
                Federal Bureau of Investigation and, if necessary, 
                resolves any potentially incomplete information in 
                accordance with subsection (d)(2)(B).
                    ``(B) Opportunity to challenge.--The covered 
                individual shall have 10 business days from the date 
                the criminal history records and notification described 
                in subparagraph (A) are sent to challenge the accuracy 
                or completeness of any information in the criminal 
                history record or to withdraw consent to participate in 
                the criminal history review program.
            ``(5) Criminal history reviews.--Unless the Federal Bureau 
        of Investigation certifies that further time is required to 
        resolve a challenge brought by a covered individual, the 
        Attorney General or the criminal history review designee shall 
        convey to the covered entity the information set forth in 
        subparagraph (F) or (G) of subsection (d)(2), as appropriate, 
        10 business days after providing the covered individuals with 
        the criminal history records of the covered individual and a 
        notification of their rights under subsection (g).
    ``(f) Participation in Program.--
            ``(1) In general.--The Attorney General or the background 
        check designee shall determine whether an entity is a covered 
        entity based on--
                    ``(A) whether the entity is located in a State with 
                a State authorized agency; and
                    ``(B) the consultation conducted under paragraph 
                (2).
            ``(2) Consultation.--In determining whether an entity is a 
        covered entity for purposes of this section, the Attorney 
        General or the background check designee shall consult 
        quarterly with the Federal Bureau of Investigation and the 
        criminal history review designee to determine the volume of 
        requests for national background checks that can be completed, 
        based on the capacity of the criminal history review program 
        and the Federal Bureau of Investigation, the availability of 
        resources, and the demonstrated need for national background 
        checks in order to protect children.
    ``(g) Right of Covered Individuals to Challenge Accuracy or 
Completeness of Records.--A covered individual who is the subject of a 
nationwide background check under this section may challenge the 
accuracy and completeness of the criminal history records in the 
criminal history report as provided in subsection (d)(2)(D), without 
submitting a separate set of fingerprints or an additional fee.
    ``(h) Duties of the Federal Bureau of Investigation.--
            ``(1) Response to a request for criminal background 
        records.--Upon request by the Attorney General or background 
        check designee, the Federal Bureau of Investigation shall 
        conduct a nationwide background check and provide any criminal 
        history records to the Attorney General or criminal history 
        review designee.
            ``(2) Resolution of challenges.--If a covered individual 
        challenges the accuracy or completeness of any information in 
        the criminal history record of the covered individual, the 
        Federal Bureau of Investigation, in consultation with the 
        agency that contributed to the record, shall--
                    ``(A) investigate the challenge with relevant 
                departments and agencies of the Federal Government and 
                State and local governments;
                    ``(B) promptly make a determination regarding the 
                accuracy and completeness of the challenged 
                information; and
                    ``(C) correct any inaccurate or incomplete records.
    ``(i) Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a fund to be known as the `National Criminal History Background 
        Check Fund' (referred to in this subsection as the `Fund'), to 
        be administered by the Attorney General to carry out this 
        section.
            ``(2) Deposits.--Any amounts collected under subsection 
        (c)(4) shall be deposited into the Fund.
            ``(3) Availability.--Amounts in the Fund shall be available 
        to the Attorney General for use in accordance with this section 
        without fiscal year limitation or further appropriation by 
        Congress.
    ``(j) Collection of Data and Report to Congress.--
            ``(1) In general.--Not later than 1 year after the 
        establishment of the program created under subsection (b), 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) Compiling.--Beginning not later than 90 days 
                after the establishment of the program under subsection 
                (b), the Attorney General shall compile data 
                regarding--
                            ``(i) the number and types of covered 
                        entities;
                            ``(ii) the fees charged to covered entities 
                        under this section;
                            ``(iii) the time interval between 
                        nationwide background check submissions and 
                        responses under this section;
                            ``(iv) 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;
                            ``(v) the procedures available for covered 
                        individuals to challenge the accuracy and 
                        completeness of criminal history records under 
                        this section;
                            ``(vi) the number and results of challenges 
                        to the accuracy and completeness of criminal 
                        history records under this section;
                            ``(vii) the number and types of corrections 
                        of erroneous criminal history records based on 
                        a challenge under this section;
                            ``(viii) the number and types of inquiries 
                        for assistance on interpreting a criminal 
                        history received by the criminal history review 
                        program; and
                            ``(ix) to the extent practicable, the 
                        number of covered individuals denied employment 
                        based on the criminal history information 
                        provided by the Attorney General or the 
                        criminal history review designee.
                    ``(B) Aggregating data.--The Attorney General shall 
                aggregate the data collected under this paragraph by 
                State and city.
                    ``(C) Reports.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Child 
                        Protection Improvements Act of 2012, 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; and
                                    ``(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.
                            ``(iii) Recommendations.--A report 
                        submitted under clause (i) may contain 
                        recommendations to Congress on possible 
                        legislative improvements to this section.
                            ``(iv) Additional information.--
                                    ``(I) In general.--Upon the request 
                                of any member of Congress, the Attorney 
                                General shall make available any of the 
                                data compiled or aggregated under this 
                                paragraph.
                                    ``(II) Exception.--The Attorney 
                                General shall not make available any 
                                data that identifies specific 
                                individuals.
    ``(k) Limitation on Liability.--
            ``(1) In general.--
                    ``(A) Failure to conduct criminal background 
                checks.--A covered entity shall not be held 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.--A covered entity shall not be held 
                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 
                Attorney General or the criminal history review 
                designee under subsection (d)(2)(F).
            ``(2) Reliance.--A covered entity that reasonably relies on 
        criminal history records 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) Criminal history review program.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the background check 
                designee and the criminal history review designee, 
                including a director, officer, employee, or agent of 
                the background check designee, or the criminal history 
                review designee, shall not be liable in an action for 
                damages relating to the performance of the 
                responsibilities and functions of the background check 
                designee and the criminal history review designee under 
                this section.
                    ``(B) Intentional, reckless, or other misconduct.--
                Subparagraph (A) shall not apply in an action if the 
                background check designee, or the criminal history 
                review designee, or a director, officer, employee, or 
                agent of the background check designee, or the criminal 
                history review designee, 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.
    ``(l) 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.--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) Designees.--The participation in any program 
                under this section by an entity or organization that 
                enters into an agreement with the Attorney General to 
                carry out the duties described in subsection (c) or to 
                carry out the criminal history review program shall be 
                conditioned on the person--
                            ``(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.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Attorney General, the background 
                check designee, and the criminal history review 
                designee shall destroy any fingerprints, either in 
                paper or electronic form, or criminal history record 
                received for the purpose of carrying out the provisions 
                of 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.
                    ``(B) Exception.--This paragraph shall not apply to 
                the retention of fingerprints by the FBI, upon consent 
                of the covered individual or in accordance with State 
                or Federal procedures, for the purpose of providing 
                fingerprint verification or subsequent hit notification 
                services, or for the retention of criminal history 
                record information which updates the criminal history 
                record.
                    ``(C) Repeat applicants.--A covered individual may 
                sign a release permitting the Attorney General or 
                background check designee to retain the fingerprints of 
                the covered individual for the sole purpose of 
                participating in the criminal history review program on 
                a subsequent occasion.''.

SEC. 4. ELECTRONIC LIFE SAFETY AND SECURITY SYSTEMS FEDERAL BACKGROUND 
              CHECKS.

    (a) Findings.--Congress finds the following:
            (1) The electronic life safety and security systems 
        industry performs critical security installation and protection 
        for much of the infrastructure in the United States and 
        provides commercial buildings, public agencies and residences 
        with alarm and security systems that are an important part of 
        homeland security and anti-crime and terrorist prevention.
            (2) The electronic life safety and security systems 
        industry includes central monitoring stations and individual 
        employer-owned companies and other private sector businesses 
        that install alarm and security systems in infrastructure of 
        the United States.
            (3) Some States do not provide for any licensing or 
        regulation requirement that includes a State or Federal 
        background check on employers and employees of the companies 
        involved in the electronic life safety and security systems 
        industry.
            (4) Many employers and employees in the electronic life 
        safety and security systems industry travel across State lines 
        to install systems and may or may not be required to undergo 
        Federal background checks as a condition of employment and in 
        some cases there may be background check requirements at the 
        State level or duplicated background checks at the county or 
        city levels.
            (5) Many employees in the electronic life safety and 
        security systems industry have access to public and private 
        structures and should undergo a Federal background check in 
        order to protect lives and property.
    (b) Definition.--In this section, the term ``electronic life safety 
and security systems industry'' means businesses that provide 
installation and central monitoring of fire and burglar alarm systems 
to public or private entities, including fire alarms, burglar alarms, 
closed-circuit TV, biometric systems, access control systems, personal 
emergency response systems, and other crime prevention systems.
    (c) Establishment of Background Check.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall establish a 
        method to permit employers in the electronic life safety and 
        security systems installation and monitoring industry to 
        request a fitness determination by a governmental entity based 
        on State and Federal fingerprint-based background checks, in 
        accordance with the information contained in appropriate 
        records acquired under section 534 of title 28, United States 
        Code.
            (2) Requirements.--
                    (A) Method.--The method for background checks 
                established under paragraph (1)--
                            (i) shall allow employers to obtain a 
                        fitness determination from a governmental 
                        entity based upon a background check of a State 
                        and Federal criminal history record information 
                        by submitting fingerprints--
                                    (I) to the Attorney General through 
                                the State criminal history record 
                                repository of the State in which the 
                                employer is located; or
                                    (II) if a State declines to allow 
                                access to the criminal history record 
                                repository of the State, in the manner 
                                determined by the Attorney General; and
                            (ii) shall not require a duplicate 
                        background check regarding an employee working 
                        only within 1 State where the State licensing 
                        and regulation of that employee already 
                        requires a Federal background check.
                    (B) Criteria for determination.--The fitness 
                determination under subparagraph (A)(i) shall be based 
                on whether the employee or prospective employee has 
                been convicted of or imprisoned for a felony during the 
                10-year period before the background check is 
                conducted.
                    (C) Required attorney general action.--Unless an 
                employee or prospective employee has withdrawn consent 
                to participate in the fitness determination under 
                paragraph (3)(B), if the criminal history of the 
                employee or prospective employee includes a conviction 
                or imprisonment for a felony during the 10-year period 
                before the background check was conducted, the Attorney 
                General shall provide to the employer--
                            (i)(I) a recommendation to consult with the 
                        employee or prospective employee in order to 
                        obtain more information about the criminal 
                        history of the employee or prospective 
                        employee; and
                            (II) a list of factors to consider in 
                        assessing the significance of the criminal 
                        history, including--
                                    (aa) the nature, gravity, and 
                                circumstances of the offense, including 
                                whether the employee or prospective 
                                employee was convicted of the offense;
                                    (bb) the period of time that has 
                                elapsed since the date of the offense 
                                or end of a period of incarceration or 
                                supervised release;
                                    (cc) the nature of the position 
                                held or sought; and
                                    (dd) any evidence of 
                                rehabilitation; and
                            (ii) instructions and guidance that, in 
                        evaluating the considerations described in 
                        clause (i)(II), the participating entity should 
                        consult the Equal Employment Opportunity 
                        Commission Policy Statement on the Issue of 
                        Conviction Records and the Equal Employment 
                        Opportunity Commission Policy Guidance on the 
                        Consideration of Arrest Records in Employment 
                        Decisions under Title VII of the Civil Rights 
                        Act of 1964 or any successor thereto issued by 
                        the Equal Employment Opportunity Commission.
            (3) Provision of records to employees and prospective 
        employees and opportunity to challenge or withdraw consent.--
                    (A) In general.--When the Attorney General finds 
                that the criminal history records of an employee or 
                prospective employee demonstrate that the employee or 
                prospective employee has been convicted of or 
                imprisoned for a felony during the 10-year period 
                before the background check is conducted, the Attorney 
                General shall provide the employee or prospective 
                employee with the criminal history records of the 
                employee or prospective employee and a detailed 
                notification of the rights of the employee or 
                prospective employee under subparagraph (C) not later 
                than 1 business day after the date on which the 
                Attorney General receives a criminal history record 
                from the Federal Bureau of Investigation.
                    (B) Opportunity to challenge or withdraw consent.--
                An employee or prospective employee described in 
                subparagraph (A) shall have 10 business days from the 
                date the criminal history records and notification 
                described in subparagraph (A) are sent to challenge the 
                accuracy or completeness of any information in the 
                criminal history record or to withdraw consent to 
                participate in the fitness determination.
                    (C) Right of employees and prospective employees to 
                challenge accuracy or completeness of records.--An 
                employee or prospective employee who is the subject of 
                background check under this section may challenge the 
                accuracy and completeness of the criminal history 
                records in the criminal history report as provided in 
                paragraph (4), without submitting a separate set of 
                fingerprints or an additional fee.
                    (D) Resolution of challenges.--If an employee or 
                prospective employee challenges the accuracy or 
                completeness of any information in the criminal history 
                record of the employee or prospective employee under 
                this paragraph, the Federal Bureau of Investigation, in 
                consultation with the agency that contributed to the 
                record, shall--
                            (i) investigate the challenge with relevant 
                        departments and agencies of the Federal 
                        Government and State and local governments;
                            (ii) promptly make a determination 
                        regarding the accuracy and completeness of the 
                        challenged information; and
                            (iii) correct any inaccurate or incomplete 
                        records.
            (4) Criminal history reviews.--Unless the Federal Bureau of 
        Investigation certifies that further time is required to 
        resolve a challenge brought by an employee or prospective 
        employee under paragraph (3)(B), the Attorney General shall 
        convey to the employer the criminal history records of the 
        employee or prospective employee 10 business days after 
        providing the employee or prospective employee with the 
        criminal history records of the employee or prospective 
        employee and a notification of their rights under paragraph 
        (3)(C).
            (5) Fees.--The Attorney General shall collect from an 
        employer requesting a fitness determination under this section 
        a fee to offset the costs of carrying out the duties described 
        in this section, including this subsection, in an amount equal 
        to the sum of the actual cost to the Attorney General of 
        conducting the fitness determination and other criteria.
    (d) Privacy of Information.--
            (1) Prohibition on unauthorized disclosure or use of 
        criminal history records.--Except for an employee or 
        prospective employee described in subsection (c), any entity or 
        individual authorized to receive or transmit fingerprints or 
        criminal history records under this section--
                    (A) shall use the fingerprints, criminal history 
                records, or information in the criminal history records 
                only for the purposes specifically set forth in this 
                section;
                    (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 section;
                    (C) shall not disclose the fingerprints, criminal 
                history records, or information in the criminal history 
                records, except as specifically authorized under this 
                section;
                    (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.--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.
            (3) Destruction of records.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Attorney General shall destroy any 
                fingerprints, either in paper or electronic form, or 
                criminal history record received for the purpose of 
                carrying out the provisions of this section 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.
                    (B) Exception.--This paragraph shall not apply to 
                the retention of fingerprints by the FBI, upon consent 
                of the employee or prospective employee or in 
                accordance with State or Federal procedures, for the 
                purpose of providing fingerprint verification or 
                subsequent hit notification services, or for the 
                retention of criminal history record information which 
                updates the criminal history record.
                                                       Calendar No. 512

112th CONGRESS

  2d Session

                                 S. 645

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 19, 2012

                       Reported with an amendment