[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S13953-S13955]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN:
  S. 1868. A bill to establish a national center on volunteer and 
provider screening to reduce sexual and other abuse of children, the 
elderly, and individuals with disabilities; to the Committee on the 
Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the National 
Child Protection Improvement Act of 2001.
  Today, 87 million of our children are involved in provided by child 
and youth organizations which depend heavily on volunteers to deliver 
their services. Millions more adults are also served by public and 
private voluntary organizations. Organizations across the country, like 
the Boys and Girls Clubs, often rely solely on volunteers to make these 
safe havens for kids a place where they can learn. The Boys and Girls 
Clubs and others don't just provide services to kids, their work 
reverberates throughout our communities, as the after-school programs 
they provide help keep kids out of trouble. This is juvenile crime 
prevention at its best, and I salute the volunteers who help make these 
programs work.
  Unfortunately, some of these volunteers come to their jobs with less 
than the best of intentions. According to the National Mentoring 
Partnership, incidents of child sexual abuse in child care settings, 
foster homes and schools ranges from 1 to 7 percent. Volunteer 
organizations have tried to weed out bad apples, and today most conduct 
background checks on applicants who seek to work with children. 
Unfortunately, these checks can often take months to complete, can be 
expensive, and many organizations do not have access to the FBI's 
national fingerprint

[[Page S13954]]

database. These time delays and scope limitations are dangerous: a 
prospective volunteer could pass a name-based background check in one 
state, only to have a past felony committed in another jurisdiction go 
undetected.
  Today I am introducing a bill designed to solve some of these 
problems. The National Child Protection Improvement Act of 2001 creates 
a new, FBI national center to conduct criminal history fingerprint 
checks at the request of volunteer organizations. Funds are authorized 
so that volunteer organizations could have the national checks 
performed at no cost to them, the Federal government ought to be 
supporting those groups who seek to safeguard our kids, and this is a 
modest investment that deserves to be made. Other child-serving 
organizations who sought the services of the new national center would 
have checks conducted at a minimal cost. My bill envisions as many as 
10 million background checks conducted per year at this center, enough 
to prevent felons and other dangerous members of society from getting 
anywhere near our kids. States perform many of these checks today, so 
to help them do their jobs better my bill authorizes $5 million per 
year to hire personnel and improve fingerprint technology so that they 
can update information in national databases.
  All of us understand the positive impact that volunteer organizations 
are making. Now we need to give these groups the tools and resources 
they need to ensure absolute safety for the children they serve.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1868

       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 
     Improvement Act''.

     SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER AND 
                   PROVIDER SCREENING.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     (42 U.S.C. 5601 et seq.) is amended by adding at the end the 
     following:

    ``TITLE VI--NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING

     ``SEC. 601. SHORT TITLE.

       ``This title may be cited as the `National Child Protection 
     Improvement Act'.

     ``SEC. 602. FINDINGS.

       ``Congress finds the following:
       ``(1) More than 87,000,000 children are involved each year 
     in activities provided by child and youth organizations which 
     depend heavily on volunteers to deliver their services.
       ``(2) Millions more adults, both the elderly and 
     individuals with disabilities, are served by public and 
     private voluntary organizations.
       ``(3) The vast majority of activities provided to children, 
     the elderly, and individuals with disabilities by public and 
     private nonprofit agencies and organizations result in the 
     delivery of much needed services in safe environments that 
     could not be provided without the assistance of virtually 
     millions of volunteers, but abuses do occur.
       ``(4) Estimates of the incidence of child sexual abuse in 
     child care settings, foster care homes, and schools, range 
     from 1 to 7 percent.
       ``(5) Abuse traumatizes the victims and shakes public trust 
     in care providers and organizations serving vulnerable 
     populations.
       ``(6) Congress has acted to address concerns about this 
     type of abuse through the National Child Protection Act of 
     1993 and the Violent Crime Control Act of 1994 to set forth a 
     framework for screening through criminal record checks of 
     care providers, including volunteers who work with children, 
     the elderly, and individuals with disabilities. 
     Unfortunately, problems regarding the safety of these 
     vulnerable groups still remain.
       ``(7) While State screening is sometimes adequate to 
     conduct volunteer background checks, more extensive national 
     criminal history checks using fingerprints or other means of 
     positive identification are often advisable, as a prospective 
     volunteer or nonvolunteer provider may have lived in more 
     than one State.
       ``(8) The high cost of fingerprint background checks is 
     unaffordable for organizations that use a large number of 
     volunteers and, if passed on to volunteers, often discourages 
     their participation.
       ``(9) The current system of retrieving national criminal 
     background information on volunteers through an authorized 
     agency of the State is cumbersome and often requires months 
     before vital results are returned.
       ``(10) In order to protect children, volunteer agencies 
     must currently depend on a convoluted, disconnected, and 
     sometimes duplicative series of checks that leave children at 
     risk.
       ``(11) A national volunteer and provider screening center 
     is needed to protect vulnerable groups by providing 
     effective, efficient national criminal history background 
     checks of volunteer providers at no-cost, and at minimal-cost 
     for employed care providers.

     ``SEC. 603. DEFINITIONS.

       ``In this Act--
       ``(1) the term `qualified entity' means a business or 
     organization, whether public, private, for-profit, not-for-
     profit, or voluntary, that provides care or care placement 
     services, including a business or organization that licenses 
     or certifies others to provide care or care placement 
     services designated by the National Task Force;
       ``(2) the term `volunteer provider' means a person who 
     volunteers or seeks to volunteer with a qualified entity;
       ``(3) the term `provider' means a person who is employed by 
     or volunteers or who seeks to be employed by or volunteer 
     with a qualified entity, who owns or operates a qualified 
     entity, or who has or may have unsupervised access to a child 
     to whom the qualified entity provides care;
       ``(4) the term `national criminal background check system' 
     means the criminal history record system maintained by the 
     Federal Bureau of Investigation based on fingerprint 
     identification or any other method of positive 
     identification;
       ``(5) the term `child' means a person who is under the age 
     of 18;
       ``(6) the term `individuals with disabilities' has the same 
     meaning as that provided in section 5(7) of the National 
     Child Protection Act of 1993;
       ``(7) the term `State' has the same meaning as that 
     provided in section 5(11) of the National Child Protection 
     Act of 1993; and
       ``(8) the term `care' means the provision of care, 
     treatment, education, training, instruction, supervision, or 
     recreation to children, the elderly, or individuals with 
     disabilities.

     ``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER 
                   AND PROVIDER SCREENING.

       ``(a) In General.--The Attorney General, by agreement with 
     a national nonprofit organization or by designating an agency 
     within the Department of Justice, shall--
       ``(1) establish a national center for volunteer and 
     provider screening designed--
       ``(A) to serve as a point of contact for qualified entities 
     to request a nationwide background check for the purpose of 
     determining whether a volunteer provider or provider has been 
     arrested for or convicted of a crime that renders the 
     provider unfit to have responsibilities for the safety and 
     well-being of children, the elderly, or individuals with 
     disabilities;
       ``(B) to promptly access and review Federal and State 
     criminal history records and registries through the national 
     criminal history background check system--
       ``(i) at no cost to a qualified entity for checks on 
     volunteer providers; and
       ``(ii) at minimal cost to qualified entities for checks on 
     non-volunteer providers;

     with cost for screening non-volunteer providers will be 
     determined by the National Task Force;
       ``(C) to provide the determination of the criminal 
     background check to the qualified entity requesting a 
     nationwide background check after not more than 15 business 
     days after the request;
       ``(D) to serve as a national resource center and 
     clearinghouse to provide State and local governments, public 
     and private nonprofit agencies and individuals with 
     information regarding volunteer screening; and
       ``(2) establish a National Volunteer Screening Task Force 
     (referred to in this title as the `Task Force') to be chaired 
     by the Attorney General which shall--
       ``(A) include--
       ``(i) 2 members each of--

       ``(I) the Federal Bureau of Investigation;
       ``(II) the Department of Justice;
       ``(III) the Department of Health and Human Services;
       ``(IV) representatives of State Law Enforcement 
     organizations;
       ``(V) national organizations representing private nonprofit 
     qualified entities using volunteers to serve the elderly; and
       ``(VI) national organizations representing private 
     nonprofit qualified entities using volunteers to serve 
     individuals with disabilities; and

       ``(ii) 4 members of national organizations representing 
     private nonprofit qualified entities using volunteers to 
     serve children;

     to be appointed by the Attorney General; and
       ``(B) oversee the work of the Center and report at least 
     annually to the President and Congress with regard to the 
     work of the Center and the progress of the States in 
     complying with the provisions of the National Child 
     Protection Act of 1993.

     ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--To carry out the provisions of this 
     title, there are authorized to be appropriated $80,000,000 
     for fiscal year 2003 and $25,000,000 for each of the fiscal 
     years 2004, 2005, 2006, and 2007, sufficient to provide no-
     cost background checks of volunteers working with children, 
     the elderly, and individuals with disabilities.
       ``(b) Availability.--Sums appropriated under this section 
     shall remain available until expended.''.

[[Page S13955]]

     SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD 
                   PROTECTION ACT OF 1993.

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

     ``SEC. 3. NATIONAL BACKGROUND CHECKS.

       ``(a) In General.--Requests for national background checks 
     under this section shall be submitted to the National Center 
     for Volunteer Screening which shall conduct a search using 
     the Integrated Automated Fingerprint Identification System, 
     or other criminal record checks using reliable means of 
     positive identification subject to the following conditions:
       ``(1) A qualified entity requesting a national criminal 
     history background check under this section shall forward to 
     the National Center the provider's fingerprints or other 
     identifying information, and shall obtain a statement 
     completed and signed by the provider that--
       ``(A) sets out the provider or volunteer's name, address, 
     date of birth appearing on a valid identification document as 
     defined in section 1028 of title 18, United States Code, and 
     a photocopy of the valid identifying document;
       ``(B) states whether the provider or volunteer has a 
     criminal record, and, if so, sets out the particulars of such 
     record;
       ``(C) notifies the provider or volunteer that the National 
     Center for Volunteer Screening may perform a criminal history 
     background check and that the provider's signature to the 
     statement constitutes an acknowledgement that such a check 
     may be conducted;
       ``(D) notifies the provider or volunteer that prior to and 
     after the completion of the background check, the qualified 
     entity may choose to deny the provider access to children or 
     elderly or persons with disabilities; and
       ``(E) notifies the provider or volunteer of his right to 
     correct an erroneous record held by the FBI or the National 
     Center.
       ``(2) Statements obtained pursuant to paragraph (1) and 
     forwarded to the National Center shall be retained by the 
     qualified entity or the National Center for at least 2 years.
       ``(3) Each provider or volunteer who is the subject of a 
     criminal history background check under this section is 
     entitled to contact the National Center to initiate 
     procedures to--
       ``(A) obtain a copy of their criminal history record 
     report; and
       ``(B) challenge the accuracy and completeness of the 
     criminal history record information in the report.
       ``(4) The National Center receiving a criminal history 
     record information that lacks disposition information shall, 
     to the extent possible, contact State and local recordkeeping 
     systems to obtain complete information.
       ``(5) The National Center shall make a determination 
     whether the criminal history record information received in 
     response to the national 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 based upon criteria established 
     by the National Task Force on Volunteer Screening, and will 
     convey that determination to the qualified entity.
       ``(b) Guidance by the National Task Force.--The National 
     Task Force, chaired by the Attorney General shall--
       ``(1) encourage the use, to the maximum extent possible, of 
     the best technology available in conducting criminal 
     background checks; and
       ``(2) provide guidelines concerning standards to guide the 
     National Center in making fitness determinations concerning 
     care providers based upon criminal history record 
     information.
       ``(c) Limitations of Liability.--
       ``(1) In general.--A qualified entity shall not be liable 
     in an action for damages solely for failure to request a 
     criminal history background check on a provider, nor shall a 
     State or political subdivision thereof nor any agency, 
     officer or employee thereof, be liable in an action for 
     damages for the failure of a qualified entity (other than 
     itself) to take action adverse to a provider who was the 
     subject of a criminal background check.
       ``(2) Reliance.--The National Center 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.
       ``(d) Fees.--In the case of a background check pursuant to 
     a State requirement adopted after December 20, 1993, 
     conducted through the National Center using the fingerprints 
     or other identifying information of a person who volunteers 
     with a qualified entity shall be free of charge. This 
     subsection shall not affect the authority of the FBI, the 
     National Center, or the States to collect reasonable fees for 
     conducting criminal history background checks of providers 
     who are employed as or apply for positions as paid 
     employees.''.

     SEC. 4. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO 
                   STRENGTHEN CRIMINAL DATA REPOSITORIES AND 
                   FINGERPRINT TECHNOLOGY.

       (a) Establishment.--A model program shall be established in 
     each State and the District of Columbia for the purpose of 
     improving fingerprinting technology which shall grant to each 
     State $50,000 to either--
       (1) purchase Live-Scan fingerprint technology and a State-
     vehicle to make such technology mobile and these mobile units 
     shall be used to travel within the State to assist in the 
     processing of fingerprint background checks; or
       (2) purchase electric fingerprint imaging machines for use 
     throughout the State to send fingerprint images to the 
     National Center to conduct background checks.
       (b) Additional Funds.--In addition to funds provided in 
     subsection (a), $50,000 shall be provided to each State and 
     the District of Columbia to hire personnel to--
       (1) provide information and training to each county law 
     enforcement agency within the State regarding all National 
     Child Protection Act requirements for input of criminal and 
     disposition data into the national criminal history 
     background check system; and
       (2) provide an annual summary to the National Task Force of 
     the State's progress in complying with the criminal data 
     entry provisions of the National Child Protection Act of 1993 
     which shall include information about the input of criminal 
     data, child abuse crime information, domestic violence 
     arrests and stay-away orders of protection.
       (c) Authorization of Appropriations.--
       (1) In general.--To carry out the provisions of this 
     section, there are authorized to be appropriated a total of 
     $5,100,000 for fiscal year 2003 and such sums as may be 
     necessary for each of the fiscal years 2004, 2005, 2006, and 
     2007, sufficient to improve fingerprint technology units and 
     hire data entry improvement personnel in each of the 50 
     States and the District of Columbia.
       (2) Availability.--Sums appropriated under this section 
     shall remain available until expended.
                                 ______