[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Senate]
[Pages S13303-S13304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE:
  S. 1830. A bill to amend sections 3, 4, and 5 of the National Child 
Protection Act of 1993, relating to national criminal history 
background checks of providers of care to children, elderly persons, 
and persons with disabilities, and for other purposes; to the Committee 
on the Judiciary.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1830

       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 ``National Child Protection 
     Amendments Act of 2001''.

     SEC. 2. FACILITATION OF BACKGROUND CHECKS.

       (a) In General.--Section 3 of the National Child Protection 
     Act of 1993 (42 U.S.C. 5119a) is amended to read as follows:

     ``SEC. 3. FACILITATION OF BACKGROUND CHECKS.

       ``(a) In General.--
       ``(1) Background checks.--
       ``(A) In general.--A qualified entity designated by a State 
     may contact an authorized agency of the State to obtain a 
     fingerprint-based national criminal history background check 
     (referred to in this section as a `background check') of a 
     provider who provides care to children, the elderly, or 
     individuals with disabilities (referred to in this section as 
     a `provider').
       ``(B) Definition.--In this paragraph, the term 
     `fingerprint-based' means based upon fingerprints or other 
     biometric identification characteristics approved under rules 
     applicable to the Interstate Identification Index System as 
     defined in Article I (13) of the National Crime Prevention 
     and Privacy Compact.
       ``(2) Procedures.--
       ``(A) Submission.--A request for background check pursuant 
     to this section shall be submitted through a State criminal 
     history record repository.
       ``(B) Duties of repository.--After receipt of a request 
     under subparagraph (A), the State criminal history record 
     repository shall--
       ``(i) conduct a search of the State criminal history record 
     system and, if necessary, forward the request, together with 
     the fingerprints of the provider, to the Federal Bureau of 
     Investigation; and
       ``(ii) make a reasonable effort to respond to the qualified 
     entity within 15 business days after the date on which the 
     request is received.
       ``(C) Duties of the fbi.--Upon receiving a request from a 
     State repository under this section, the FBI shall--
       ``(i) conduct a search of its criminal history record 
     system; and
       ``(ii) make a reasonable effort to respond to the State 
     repository or the qualified entity within 5 business days 
     after the date on which the request is received.
       ``(3) National crime prevention and privacy compact.--Each 
     background check pursuant to this section shall be conducted 
     pursuant to the National Crime Prevention and Privacy 
     Compact.
       ``(b) Guidelines.--
       ``(1) In general.--In order to conduct background checks 
     pursuant to this section, a State shall--
       ``(A) establish or designate one or more authorized 
     agencies to perform the duties required by this section, 
     including the designation of qualified entities; and
       ``(B) establish procedures requiring that--
       ``(i) a qualified entity that requests a background check 
     pursuant to this section shall forward to the authorized 
     agency the fingerprints of the provider and shall obtain a 
     statement completed and signed by the provider that--

       ``(I) sets out the name, address, and date of birth of the 
     provider appearing on a valid identification document (as 
     defined in section 1028 of title 18, United States Code);
       ``(II) states whether the provider has a criminal history 
     record and, if so, sets out the particulars of such record;
       ``(III) notifies the provider that the qualified entity may 
     request a background check and that the signature of the 
     provider to the statement constitutes an acknowledgement that 
     such a background check may be conducted and explains the 
     uses and disclosures that may be made of the results of the 
     background check;
       ``(IV) notifies the provider that pending the completion of 
     the background check the provider may be denied unsupervised 
     access to children, the elderly, or disabled persons with 
     respect to which the provider intends to provide care; and
       ``(V) notifies the provider of the rights of the provider 
     under subparagraph (B);

       ``(ii) each provider who is the subject of an adverse 
     fitness determination based on a background check pursuant to 
     this section shall be provided with an opportunity to contact 
     the authorized agency and initiate a process to--

       ``(I) obtain a copy of the criminal history record upon 
     which the determination was based; and
       ``(II) file a challenge with the State repository or, if 
     appropriate, the FBI, concerning the accuracy and 
     completeness of the criminal history record information in 
     the report, and obtain a prompt determination of the 
     challenge before a final adverse fitness determination is 
     made on the basis of the criminal history record information 
     in the report;

       ``(iii) an authorized agency that receives a criminal 
     history record report that lacks disposition information 
     shall make appropriate inquiries to available State and local 
     recordkeeping systems to obtain complete information, to the 
     extent possible considering available personnel and 
     resources;
       ``(iv) an authorized agency that receives the results of a 
     background check conducted under this section shall either--

       ``(I) make a determination regarding whether the criminal 
     history record information received in response to the 
     background check indicates that the provider has a criminal 
     history record that renders the provider unfit to provide 
     care to children, the elderly, or individuals with 
     disabilities and convey that determination to the qualified 
     entity; or
       ``(II) provide some or all of such criminal history record 
     information to the qualified entity for use by the qualified 
     entity in making a fitness determination concerning the 
     provider; and

       ``(v) a qualified entity that receives criminal history 
     record information concerning a provider in response to a 
     background check pursuant to this section--

       ``(I) shall adhere to a standard of reasonable care 
     concerning the security and confidentiality of the 
     information and the privacy rights of the provider;
       ``(II) shall make a copy of the criminal history record 
     available, upon request, to the provider; and
       ``(III) shall not retain the criminal history record 
     information for any period longer than necessary for a final 
     fitness determination concerning the subject of the 
     information.

       ``(2) Retention of information.--The statement required 
     under paragraph (1)(B)(i)--
       ``(A) may be forwarded by the qualified entity to the 
     authorized agency or retained by the qualified entity; and
       ``(B) shall be retained by such agency or entity, as 
     appropriate, for not less than 1 year.
       ``(c) Guidance by the Attorney General.--The Attorney 
     General shall to the maximum extent practicable, encourage 
     the use of the best technology available in conducting 
     background checks pursuant to this section.
       ``(d) Guidance by the National Crime Prevention and Privacy 
     Compact Council.--
       ``(1) In general.--The Compact Council shall provide 
     guidance to States to ensure that national background checks 
     conducted under this section comply with the National Crime 
     Prevention and Privacy Compact and shall provide guidance to 
     authorized agencies to assist them in performing their duties 
     under this section.
       ``(2) Model fitness standards.--The guidance under 
     paragraph (1) shall include model fitness standards for 
     particular types of providers, which may be adopted 
     voluntarily by States for use by authorized agencies in 
     making fitness determinations.
       ``(3) NCPA care provider committee.--In providing the 
     guidance under paragraph (1), the Compact Council shall 
     create a permanent NCPA Care Provider Committee which shall 
     include, but not be limited to, representatives of national 
     organizations representing private nonprofit qualified 
     entities using volunteers to provide care to children, the 
     elderly, or individuals with disabilities.
       ``(4) Reports.--At least annually, the Compact Council 
     shall report to the President and Congress with regard to 
     national background checks of providers conducted pursuant to 
     the NCPA.
       ``(e) Penalty.--Any officer, employee, or authorized 
     representative of a qualified entity who knowingly and 
     willfully--
       ``(1) requests or obtains any criminal history record 
     information pursuant to this section under false pretenses; 
     or

[[Page S13304]]

       ``(2) uses criminal history record information for a 
     purpose not authorized by this section, shall be guilty of a 
     misdemeanor and fined not more than $5,000.
       ``(f) Limitations on Liability.--
       ``(1) Liability of qualified entities.--
       ``(A) Failure to request background check.--A qualified 
     entity shall not be liable in an action for damages solely 
     for the failure of such entity to request a background check 
     on a provider.
       ``(B) Willful violations.--A qualified entity shall not be 
     liable in an action for damages for violating any provision 
     of this section, unless such violation is knowing and 
     willful.
       ``(C) Reasonable care standard.--A qualified entity that 
     exercises reasonable care for the security, confidentiality, 
     and privacy of criminal history record information received 
     in response to a background check pursuant to this section 
     shall not be liable in an action for damages.
       ``(2) Liability of governmental entities.--A State or 
     political subdivision thereof, or any agency, officer, or 
     employee thereof, shall not be liable in an action for 
     damages for the failure of a qualified entity (other than 
     itself) to take adverse action with respect to a provider who 
     was the subject of a background check.
       ``(3) Reliance on information.--An authorized agency or a 
     qualified entity that reasonably relies on criminal history 
     record information received in response to a background check 
     pursuant to this section shall not be liable in an action for 
     damages based upon the inaccuracy or incompleteness of the 
     information.
       ``(g) Fees.--
       ``(1) Limitation.--In the case of a background check 
     pursuant to a State requirement adopted after December 20, 
     1993, conducted with fingerprints on a person who volunteers 
     with a qualified entity, the fees collected by authorized 
     State agencies and the Federal Bureau of Investigation may 
     not exceed $18, respectively, or the actual cost, whichever 
     is less, of the background check conducted with fingerprints.
       ``(2) State fee systems.--The States shall establish fee 
     systems that ensure that fees to nonprofit entities for 
     background checks do not discourage volunteers from 
     participating in child care programs.
       ``(3) Authority of federal bureau of investigation.--This 
     subsection shall not effect the authority of the Federal 
     Bureau of Investigation or the States to collect fees for 
     conducting background checks of persons who are employed as 
     or apply for positions as paid care providers.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS; CONFORMING 
                   AMENDMENTS.

       (a) Funding for Improvement of Child Abuse Crime 
     Information.--Section 4 of the National Child Protection Act 
     of 1993 (42 U.S.C. 5119b) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively; and
       (2) in subsection (a), as redesignated--
       (A) in paragraph (1)--
       (i) in each of subparagraphs (C) and (D), by striking 
     ``national criminal history background check system'' and 
     inserting ``criminal history record repository''; and
       (ii) by striking subparagraph (E) and inserting the 
     following:
       ``(E) to assist the State in offsetting the costs to 
     qualified entities of background checks under section 3 on 
     volunteer providers.''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated for grants under paragraph 
     (1)--
       ``(A) $80,000,000 for fiscal year 2001; and
       ``(B) such sums as may be necessary for each of fiscal 
     years 2002 through 2005.''.
       (b) Funding for Compact Council.--There are authorized to 
     be appropriated to the Federal Bureau of Investigation to 
     support the activities of the National Crime Prevention and 
     Privacy Compact Council--
       (1) $1,000,000 for fiscal year 2001; and
       (2) such sums as may be necessary for fiscal years 2002 
     through 2005.

     SEC. 4. DEFINITIONS.

       Section 5 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119c) is amended--
       (1) by striking paragraph (8);
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (3) by inserting after paragraph (5) the following:
       ``(6) the term `criminal history record repository' means 
     the State agency designated by the Governor or other 
     executive official of a State, or by the legislature of a 
     State, to perform centralized recordkeeping functions for 
     criminal history records and services in the State;''; and
       (4) in paragraph (9)--
       (A) in subparagraph (A)(iii)--
       (i) by inserting ``or to an elderly person or person with a 
     disability'' after ``to a child''; and
       (ii) by striking ``child care'' and inserting ``care''; and
       (B) in subparagraph (B)(iii)--
       (i) by inserting ``or to an elderly person or person with a 
     disability'' after ``to a child''; and
       (ii) by striking ``child care'' and inserting ``care''.

     SEC. 5. AMENDMENT TO NATIONAL CRIMINAL HISTORY ACCESS AND 
                   CHILD PROTECTION ACT.

       Section 215 of the National Criminal History Access and 
     Child Protection Act is amended by--
       (1) striking subsection (b) and inserting the following:
       ``(b) Direct Access to Certain Records Not Affected.--
     Nothing in the Compact shall affect any direct terminal 
     access to the III System provided prior to the effective date 
     of the Compact under the following:
       ``(1) Section 9101 of title 5, United States Code.
       ``(2) The Brady Handgun Violence Prevention Act (Public Law 
     103-159; 107 Stat. 1536).
       ``(3) The Violent Crime Control and Law Enforcement Act of 
     1994 (Public Law 103-322; 108 Stat. 2074) or any amendments 
     made by that Act.
       ``(4) The United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.).
       ``(5) The Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.).
       ``(6) Any direct terminal access to Federal criminal 
     history records authorized by law.''; and
       (2) in subsection (c) by inserting after the period at the 
     end thereof the following: ``Criminal history records 
     disseminated by the FBI pursuant to such Act by means of the 
     III System shall be subject to the Compact.''.
                                 ______