[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3902 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3902

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2014

  Mr. Schiff (for himself and Mr. Rogers of Michigan) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protection Improvements Act of 
2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 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.
            (2) Congress has worked with the States to make 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.), 
        the Volunteers for Children Act (Public Law 105-251; 112 Stat. 
        1885), the Serve America Act (Public Law 111-13; 123 Stat. 
        1460), the Adam Walsh Child Protection and Safety Act of 2006 
        (Public Law 109-248; 120 Stat. 587), and statutes enacted by 48 
        states in compliance with Public Law 92-544. However, there may 
        still be persons providing care and services to children who 
        fall outside these numerous and broad categories of criminal 
        history background checks authorized by Federal and State law.

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.

    ``(a) Definitions.--In this section--
            ``(1) the term `background check designee' means the entity 
        designated by the Attorney General under subsection (b)(3) to 
        carry out the duties described in subsection (c);
            ``(2) the term `covered entity' means any business or 
        organization that provides, or licenses, certifies, or 
        coordinates individuals or organizations to provide, care, care 
        placement, supervision, treatment, education, training, 
        instruction, or recreation to children;
            ``(3) the term `covered individual' means an individual--
                    ``(A) who has, seeks to have, or may have 
                unsupervised access to vulnerable populations served by 
                a covered entity; or
                    ``(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;
            ``(4) the term `criminal history review designee' means the 
        entity designated by the Attorney General under subsection 
        (b)(2) to carry out the criminal history review program;
            ``(5) the term `criminal history review program' means the 
        program established under subsection (d);
            ``(6) the term `qualified State program' means a program of 
        a State authorized agency that provides access to national 
        criminal history background checks, as authorized by Federal or 
        State law;
            ``(7) 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
            ``(8) the term `vulnerable populations' shall include 
        elderly persons, disabled persons, and children.
    ``(b) Establishment of Program.--
            ``(1) Purpose.--The purpose of this subsection is to 
        facilitate widespread access to State and national criminal 
        history background checks, not otherwise authorized by Federal 
        or State law, on covered individuals.
            ``(2) In general.--Not later than 1 year after the date of 
        enactment of the Child Protection Improvements Act of 2013, the 
        Attorney General shall establish--
                    ``(A) policies and procedures to carry out the 
                duties described in subsection (c); and
                    ``(B) a criminal history review program in 
                accordance with subsection (d).
            ``(3) Designees.--The Attorney General may designate one or 
        more Federal Government agencies to carry out the duties 
        described in subsection (c).
    ``(c) Access to State and National Background Checks.--
            ``(1) Duties.--The Attorney General shall--
                    ``(A) inform covered entities and covered 
                individuals about how to request State and national 
                background checks--
                            ``(i) for covered entities and covered 
                        individuals located in a State with a qualified 
                        State program, by referring the covered entity 
                        or covered individual to the State authorized 
                        agency; or
                            ``(ii) for covered entities and covered 
                        individuals located in a State without a 
                        qualified State program, by providing 
                        information on alternative methods of obtaining 
                        a State and national background check;
                    ``(B) complete a check of the national criminal 
                history background check system; and
                    ``(C) provide information received in response to 
                such national criminal history background check to the 
                criminal history review designee.
            ``(2) Required information.--A request for a State and 
        national criminal history background check shall include--
                    ``(A) the fingerprints of the covered individual;
                    ``(B) other documents required by State law for a 
                State criminal history background check; and
                    ``(C) the appropriate fee.
            ``(3) Fees.--The Attorney General shall, in addition to the 
        fee for the noncriminal justice national criminal history 
        background check authorized under section 534 of title 28, 
        United States Code--
                    ``(A) collect a fee to offset the costs of carrying 
                out the duties described in subsection (d), in an 
                amount equal to the cost of conducting the criminal 
                history review; and
                    ``(B) remit such fee to the Federal Bureau of 
                Investigation.
    ``(d) Criminal History Review Program.--
            ``(1) Purpose.--The purpose of this subsection is to 
        provide covered entities with reliable and accurate information 
        regarding the fitness of the covered individuals to have 
        responsibility for the safety and well-being of vulnerable 
        populations in their care.
            ``(2) Requirements.--The Attorney General or designee 
        shall--
                    ``(A) establish procedures to securely receive 
                criminal history records;
                    ``(B) 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 vulnerable 
                populations;
                    ``(C) convey to the covered entity that submitted 
                the request for a State and national criminal history 
                background check--
                            ``(i) the fitness and suitability of the 
                        covered individual based solely on the criteria 
                        described in paragraph (3); and
                            ``(ii) instructions and guidance that the 
                        covered entity should consult the Equal 
                        Employment Opportunity Commission Enforcement 
                        Guidance #915.002, dated April 25, 2012, 
                        `Consideration of Arrest and Conviction Records 
                        in Employment Decisions under Title VII of the 
                        Civil Rights Act of 1964', or any successor 
                        thereto, issued by the United States Equal 
                        Employment Opportunity Commission.
            ``(3) Criminal history review criteria.--In determining 
        whether 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 vulnerable 
        populations, the Attorney General or designee shall employ the 
        criteria used to evaluate individuals under other Federal laws, 
        such as the Volunteers for Children Act (Public Law 105-251; 
        112 Stat. 1885), the Serve America Act (Public Law 111-13; 123 
        Stat. 1460), and the Adam Walsh Child Protection and Safety Act 
        of 2006 (Public Law 109-248; 120 Stat. 587).
            ``(4) Application processing.--
                    ``(A) In general.--The Attorney General shall 
                establish the process by which a covered entity or a 
                covered individual in a State without a qualified State 
                program may obtain a State and national criminal 
                history background check.
                    ``(B) Challenge to completeness of record.--A 
                covered individual may challenge the completeness of 
                any information in the criminal history record of the 
                individual by contacting the Federal Bureau of 
                Investigation under the procedure set out in section 
                16.34 of title 28, Code of Federal Regulations, or any 
                successor thereto.
            ``(5) Participation in program.--The Attorney General or 
        designee shall determine whether an entity is a covered entity.
            ``(6) Privacy of information.--
                    ``(A) In general.--Any entity authorized to receive 
                or transmit fingerprints or criminal history records 
                under this section--
                            ``(i) shall use the fingerprints, criminal 
                        history records, or information in the criminal 
                        history records only for the purposes 
                        specifically set forth in this section; and
                            ``(ii) shall maintain adequate security 
                        measures to ensure the confidentiality of the 
                        fingerprints, the criminal history records, and 
                        the information in the criminal history 
                        records.
                    ``(B) Retention of fingerprints by the fbi.--In 
                accordance with State or Federal procedures, for the 
                purpose of providing fingerprint verification, criminal 
                investigation or subsequent hit notification services, 
                or for the retention of criminal history, the Federal 
                Bureau of Investigation may retain any fingerprints 
                submitted to the Federal Bureau of Investigation under 
                this section.
            ``(7) Rule of construction.--Nothing in this subsection 
        shall be construed to change or replace any background check 
        program authorized by Federal or State law on the day before 
        the date of enactment of the Child Protection Improvements Act 
        of 2013.''.
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