[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10773-S10777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               NATIONAL CHILD PROTECTION IMPROVEMENT ACT

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 386, S. 1868.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1868) to establish a national center on 
     volunteer and provider screening to reduce sexual and other 
     abuse of children, the elderly, and individuals with 
     disabilities.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                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

[[Page S10774]]

       [``(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.''.

     [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.]

     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 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) 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.

[[Page S10775]]

     ``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 
     States and 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 shall--
       ``(1) establish a national center for volunteer and 
     provider screening which shall--
       ``(A) 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) 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 
     nonvolunteer providers, to be determined by the National Task 
     Force, although fees for checks on nonvolunteer providers 
     should not be less than the actual cost, including 
     disposition location, not to exceed $18;
       ``(C) 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) 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
       ``(E) establish and publicize a toll-free telephone number 
     for qualified entities to call to determine which 
     governmental agency processes background check requests in 
     their jurisdiction; and
       ``(2) establish a National Volunteer Screening Task Force 
     (referred to in this title as the `Task Force') to be a 
     committee of the Compact Council to be chaired by a member 
     determined by the Task Force which shall--
       ``(A) include--
       ``(i) 1 member of the Federal Bureau of Investigation;
       ``(ii) 1 member of the Department of Justice;
       ``(iii) 1 member of the Department of Health and Human 
     Services;
       ``(iv) 2 representatives of State identification bureaus;
       ``(v) 2 members of national organizations representing 
     private nonprofit qualified entities using volunteers to 
     serve the elderly;
       ``(vi) 2 members of national organizations representing 
     private nonprofit qualified entities using volunteers to 
     serve individuals with disabilities;
       ``(vii) 4 members of national organizations representing 
     private nonprofit qualified entities using volunteers to 
     serve children; and
       ``(viii) 1 member of national organizations representing 
     local law enforcement agencies;
     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.''.

     SEC. 3. CERTIFICATION REVIEW BY THE NATIONAL CENTER.

       The National Child Protection Act of 1993 (42 U.S.C. 5119 
     et seq.) is amended--
       (1) by redesignating sections 3 through 5 as sections 4 
     through 6, respectively; and
       (2) by adding after section 2 the following:

     ``SEC. 3. CERTIFICATION REVIEW BY THE NATIONAL CENTER.

       ``(a) In General.--Six months after the date of enactment 
     of this section, the National Center shall issue a 
     certification review that--
       ``(1) measures the extent of State participation in the 
     national background check procedures governed by the National 
     Child Protection Act and the Volunteers for Children Act; and
       ``(2) designates States either as participating or not 
     participating for certain purposes in these procedures.
       ``(b) Qualified Entities.--A qualified entity doing 
     business in a State and for purposes designated as not 
     participating by the National Center may request nationwide 
     background checks directly from the National Center.
       ``(c) Updating and Review.--
       ``(1) Updating.--The certification review required by this 
     section shall be updated and issued annually.
       ``(2) Review.--A State that has been designated as not 
     participating for certain purposes may apply to the National 
     Center, for purposes of a subsequent certification review, to 
     be designated as participating for those purposes based on 
     new State law, practices, or procedures.
       ``(d) Definitions.--In this section:
       ``(1) Not participating.--The term `not participating' 
     means a State where--
       ``(A) requests for nationwide background checks are 
     routinely not returned to the qualified entity within 15 
     business days;
       ``(B) authorized agencies charge more than $18 for State 
     background checks;
       ``(C) authorized agencies have not been designated to 
     receive nationwide background checks from qualified entities; 
     or
       ``(D) qualified entities have not been designated to submit 
     background check requests to authorized agencies.
       ``(2) Routinely.--The term `routinely' means instances 
     where 15 percent or more of nationwide background check 
     requests are not returned within 15 business days.''.

     SEC. 4. STRENGTHENING AND ENFORCING THE NATIONAL CHILD 
                   PROTECTION ACT OF 1993.

       Section 4 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119a), as redesignated by section 3 of this Act, 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 and 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 obtain a copy of 
     the criminal history record report for the sole purpose of 
     challenging the accuracy and completeness of 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. The National Center 
     shall forward this complete information to the FBI.
       ``(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

[[Page S10776]]

     (other than itself) to take action adverse or favorable 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 accuracy, inaccuracy, completeness, or 
     incompleteness of the information.
       ``(d) Fees.--
       ``(1) Participating jurisdiction.--In a State designated as 
     a participating jurisdiction pursuant to the certification 
     review conducted by the National Center under section 3, the 
     National Center shall not collect a fee for conducting 
     nationwide criminal history background checks on--
       ``(A) a person who volunteers with a qualified entity; or
       ``(B) a person who is employed by a qualified entity that 
     provides care, treatment, education, training, instruction, 
     supervision, or recreation to children, the elderly, or 
     individuals with disabilities.
       ``(2) Volunteers.--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 paragraph 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. 5. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO 
                   STRENGTHEN CRIMINAL DATA REPOSITORIES AND 
                   FINGERPRINT TECHNOLOGY.

       (a) Establishment.--The Attorney General shall establish a 
     model program 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.

     SEC. 6. 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.''.

     SEC. 7. 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 2003; and
       (2) such sums as may be necessary for fiscal years 2004, 
     2005, 2006, and 2007.

  Mr. THURMOND. Mr. President, I rise today to express my strong 
support for S. 1868, the National Child Protection and Volunteers for 
Children Improvement Act of 2002. This bill will help protect children, 
seniors, and the disabled by making criminal background checks more 
accessible to care-providing and mentoring organizations. I am pleased 
that the Senate has approved this important piece of legislation.
  In May of this year, S. 1868 was favorably reported by the Judiciary 
Committee. Since that time, Senator Biden and I have worked to refine 
this bill. I want to thank him for his tireless efforts to improve this 
legislation. We have produced a bill that will greatly improve the 
background check process, thereby reducing the possibility that 
dangerous individuals will interact with children and other vulnerable 
people.
  S. 1868 is critically necessary because of the serious problems that 
plague the current scheme for conducting background checks. The current 
system is governed primarily by the National Child Protection Act of 
1993, NCPA, and the Volunteers for Children Act, VCA. These Acts were 
designed to encourage states to develop background check procedures for 
volunteers and employees who interact with children. In addition, the 
Violent Crime Control and Law Enforcement Act of 1994 expanded the 
reach of the NCPA to the elderly and those with disabilities.
  While these Acts were significant milestones, we have learned that 
the process must be improved. First of all, many states are returning 
background checks after significant time has passed. In 1998, the FBI's 
Criminal Justice Information Services, CJIS, Division performed a study 
on the amount of time it took states to process fingerprint checks. The 
results were troublesome. On average, it took states an average of 
117.6 days to perform a state check and forward the fingerprint to the 
FBI for a national check. This time lag is obviously a problem for 
organizations that rely heavily on volunteers.
  Additionally, some states charge very high prices for background 
checks. Organizations that have a large number of volunteers are often 
forced to spend a lot of money on these checks. In addition to 
discouraging volunteerism, the high costs dissuade organizations from 
performing background checks on their volunteers and employees.
  S. 1868 helps to solve these problems by making background checks 
under the NCPA more readily available. As amended, S. 1868 permits the 
states to retain their crucial role in performing background checks, 
but also provides a role for the Federal government. If a state 
complies with the NCPA, returns background checks in a timely fashion, 
and charges no more than $18, the state will remain the sole government 
entity that can perform a background check in that jurisdiction. 
However, it a states does not develop a qualifying program within a 
year of enactment, care-providing and mentoring organizations in that 
state will have the option of requesting background checks directly 
from the Federal government.
  This bill would create an office within the Department of Justice 
that would receive requests for background checks. The results of 
background checks would then be returned to the entities, enabling them 
to make informed decisions. The office would also be required to 
develop model standards to guide entities in making fitness 
determinations.
  I would like to point out that some states may have established 
qualified state programs in some areas but not in other areas. This 
legislation does nothing to prevent the Attorney General from 
designating a state as having a qualified program for some NCPA 
purposes, but not for others. Therefore, if background checks are 
performed adequately for those who work with the elderly, but not for 
those who work in other areas, the Attorney General would have the 
authority to designate a qualified state program for the particular 
purpose of working with the elderly.
  Senator Biden and I have developed a good bill. We have streamlined 
this legislation and removed many of the provisions objected to by the 
Department of Justice. We have developed a background check scheme that 
will preserve the role of the states in the background check process. 
We have also provided organizations with the ability to ask the Federal 
government for a

[[Page S10777]]

background check if the state fails to develop an adequate system.
  This bill is important for the well-being of our children and is a 
proper use of Federal resources. The Congress should use all reasonable 
means to ensure that criminals do not have access to children, seniors, 
and the disabled. I am proud to support this legislation, and I am 
pleased that the Senate has approved these significant protections for 
the most vulnerable in our society.
  Mr. REID. Mr. President, Senators Biden and Thurmond have an 
amendment at the desk. I ask unanimous consent that the amendment be 
considered and agreed to, the motion to reconsider be laid upon the 
table; the committee reported substitute amendment, as amended, be 
agreed to; the bill, as amended, be read a third time, passed, the 
motion to reconsider be laid on the table; and that any statements 
relating thereto be printed in the Record with no intervening action or 
debate, and that the title amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4896) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The title amendment was agreed to.
  The bill (S. 1868), as amended, was read the third time and passed.

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