[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 705 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                 S. 705

_______________________________________________________________________

                                 AN ACT


 
   To amend the National Child Protection Act of 1993 to establish a 
    voluntary national criminal history background check system and 
criminal history review program for certain individuals who, related to 
their employment, have access to children, the elderly, or individuals 
               with disabilities, and for other purposes.

    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 
2017''.

SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL HISTORY 
              REVIEW PROGRAM.

    The National Child Protection Act of 1993 (34 U.S.C. 40101 et seq.) 
is amended--
            (1) in section 3 (34 U.S.C. 40102)--
                    (A) by striking ``provider'' each place it appears 
                and inserting ``covered individual'';
                    (B) by striking ``provider's'' each place it 
                appears and inserting ``covered individual's'';
                    (C) by amending subsection (a)(3) to read as 
                follows:
            ``(3)(A) The Attorney General shall establish a program, in 
        accordance with this section, to provide qualified entities 
        located in States that do not have in effect procedures 
        described in paragraph (1), or qualified entities located in 
        States that do not prohibit the use of the program established 
        under this paragraph, with access to national criminal history 
        background checks on, and criminal history reviews of, covered 
        individuals.
            ``(B) A qualified entity described in subparagraph (A) may 
        submit to the appropriate designated entity a request for a 
        national criminal history background check on, and a criminal 
        history review of, a covered individual. Qualified entities 
        making a request under this paragraph shall comply with the 
        guidelines set forth in subsection (b), and with any additional 
        applicable procedures set forth by the Attorney General or by 
        the State in which the entity is located.'';
                    (D) in subsection (b)--
                            (i) in paragraph (1)(E), by striking 
                        ``unsupervised'';
                            (ii) by striking paragraph (2) and 
                        inserting the following:
            ``(2)(A) that the State, or in a State that does not have 
        in effect procedures described in subsection (a)(1), the 
        designated entity, ensures that--
                    ``(i) each covered individual who is the subject of 
                a background check under subsection (a) is entitled to 
                obtain a copy of any background check report;
                    ``(ii) each covered individual who is the subject 
                of a background check under subsection (a) is provided 
                a process by which the covered individual may appeal 
                the results of the background check to challenge the 
                accuracy or completeness of the information contained 
                in the background report of the covered individual; and
                    ``(iii)(I) each covered individual described in 
                clause (ii) is given notice of the opportunity to 
                appeal;
                    ``(II) each covered individual described in clause 
                (ii) will receive instructions on how to complete the 
                appeals process if the covered individual wishes to 
                challenge the accuracy or completeness of the 
                information contained in the background report of the 
                covered individual; and
                    ``(III) the appeals process is completed in a 
                timely manner for each covered individual described in 
                clause (ii); and
            ``(B) the State, or in a State that does not have in effect 
        procedures described in subsection (a)(1), the designated 
        entity, may allow for a review process--
                    ``(i) through which the State or designated entity, 
                as the case may be, may determine that a covered 
                individual who is the subject of a background check 
                under subsection (a) is disqualified for a crime 
                specified in subsection (f)(2)(C); and
                    ``(ii) which shall be consistent with title VII of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
                seq.);'';
                            (iii) in paragraph (3), by inserting after 
                        ``authorized agency'' the following: ``or 
                        designated entity, as applicable,''; and
                            (iv) in paragraph (4), by inserting after 
                        ``authorized agency'' the following: ``or 
                        designated entity, as applicable,'';
                    (E) in subsection (d), by inserting after ``officer 
                or employee thereof,'' the following: ``, nor shall any 
                designated entity nor any officer or employee 
                thereof,'';
                    (F) by amending subsection (e) to read as follows:
    ``(e) Fees.--
            ``(1) State program.--In the case of a background check 
        conducted pursuant to a State requirement adopted after 
        December 20, 1993, conducted with fingerprints on a covered 
        individual, the fees collected by authorized State agencies and 
        the Federal Bureau of Investigation may not exceed the actual 
        cost of the background check conducted with fingerprints.
            ``(2) Federal program.--In the case of a national criminal 
        history background check and criminal history review conducted 
        pursuant to the procedures established pursuant to subsection 
        (a)(3), the fees collected by a designated entity shall be set 
        at a level that will ensure the recovery of the full costs of 
        providing all such services. The designated entity shall remit 
        the appropriate portion of such fee to the Attorney General, 
        which amount is in accordance with the amount published in the 
        Federal Register to be collected for the provision of a 
        criminal history background check by the Federal Bureau of 
        Investigation.
            ``(3) Ensuring fees do not discourage volunteers.--A fee 
        system under this subsection shall be established in a manner 
        that ensures that fees to qualified entities for background 
        checks do not discourage volunteers from participating in 
        programs to care for children, the elderly, or individuals with 
        disabilities. A fee charged to a qualified entity that is not 
        organized under section 501(c)(3) of the Internal Revenue Code 
        of 1986 may not be less than the total sum of the costs of the 
        Federal Bureau of Investigation and the designated entity.''; 
        and
                    (G) by inserting after subsection (e) the 
                following:
    ``(f) National Criminal History Background Check and Criminal 
History Review Program.--
            ``(1) National criminal history background check.--Upon a 
        designated entity receiving notice of a request submitted by a 
        qualified entity pursuant to subsection (a)(3), the designated 
        entity shall forward the request to the Attorney General, who 
        shall, acting through the Director of the Federal Bureau of 
        Investigation, complete a fingerprint-based check of the 
        national criminal history background check system, and provide 
        the information received in response to such national criminal 
        history background check to the appropriate designated entity. 
        The designated entity may, upon request from a qualified 
        entity, complete a check of a State criminal history database.
            ``(2) Criminal history review.--
                    ``(A) Designated entities.--The Attorney General 
                shall designate, and enter into an agreement with, one 
                or more entities to make determinations described in 
                paragraph (2). The Attorney General may not designate 
                and enter into an agreement with a Federal agency under 
                this subparagraph.
                    ``(B) Determinations.--A designated entity shall, 
                upon the receipt of the information described in 
                paragraph (1), make a determination of fitness 
                described in subsection (b)(4), using the criteria 
                described in subparagraph (C).
                    ``(C) Criminal history review criteria.--A covered 
                individual may be determined to be unfit under 
                subsection (b)(4) if the covered individual--
                            ``(i) refuses to consent to a criminal 
                        background check under this section;
                            ``(ii) knowingly makes a materially false 
                        statement in connection with a criminal 
                        background check under this section;
                            ``(iii) is registered, or is required to be 
                        registered, on a State sex offender registry or 
                        repository or the National Sex Offender 
                        Registry established under the Adam Walsh Child 
                        Protection and Safety Act of 2006 (34 U.S.C. 
                        20901 et seq.);
                            ``(iv) has been convicted of a felony 
                        consisting of--
                                    ``(I) murder, as described in 
                                section 1111 of title 18, United States 
                                Code;
                                    ``(II) child abuse or neglect;
                                    ``(III) a crime against children, 
                                including child pornography;
                                    ``(IV) spousal abuse;
                                    ``(V) a crime involving rape or 
                                sexual assault;
                                    ``(VI) kidnapping;
                                    ``(VII) arson;
                                    ``(VIII) physical assault or 
                                battery; or
                                    ``(IX) a drug-related offense 
                                committed during the preceding 5 years;
                            ``(v) has been convicted of a violent 
                        misdemeanor committed as an adult against a 
                        child, including--
                                    ``(I) child abuse;
                                    ``(II) child endangerment;
                                    ``(III) sexual assault; or
                                    ``(IV) of a misdemeanor involving 
                                child pornography; or
                            ``(vi) in the case of a covered individual 
                        who has, seeks to have, or may have access to 
                        the elderly or individuals with disabilities, 
                        has been convicted of any criminal offense 
                        relating to the abuse, exploitation, or neglect 
                        (as those terms are defined in section 2011 of 
                        the Social Security Act (42 U.S.C. 1397j)) of 
                        an elder or an individual with disabilities.''; 
                        and
            (2) in section 5 (34 U.S.C. 40104)--
                    (A) by amending paragraph (9) to read as follows:
            ``(9) the term `covered individual' means an individual--
                    ``(A) who has, seeks to have, or may have access to 
                children, the elderly, or individuals with 
                disabilities, served by a qualified entity; and
                    ``(B) who--
                            ``(i) is employed by or volunteers with, or 
                        seeks to be employed by or volunteer with, a 
                        qualified entity; or
                            ``(ii) owns or operates, or seeks to own or 
                        operate, a qualified entity;'';
                    (B) in paragraph (10), by striking ``and'' at the 
                end;
                    (C) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by inserting after paragraph (11) the 
                following:
            ``(12) the term `designated entity' means an entity 
        designated by the Attorney General under section 3(f)(2)(A).''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall be fully 
implemented by not later than 1 year after the date of enactment of 
this Act.

            Passed the Senate October 16, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 705

_______________________________________________________________________

                                 AN ACT

   To amend the National Child Protection Act of 1993 to establish a 
    voluntary national criminal history background check system and 
criminal history review program for certain individuals who, related to 
their employment, have access to children, the elderly, or individuals 
               with disabilities, and for other purposes.