[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Pages S2139-S2142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Hatch, and Mr. Specter):
  S. 2756. A bill to amend the National Child Protection Act of 1993 to 
establish a permanent background check system; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. BIDEN. Mr. President, I rise today with my colleagues Senator 
Hatch and Senator Specter to introduce the Child Protection 
Improvements Act of 2008. This bill will expand and make permanent the 
national child safety pilot program that we passed as part of the 
PROTECT Act back in 2003. This bill is, in my view, an absolutely 
essential step towards developing a comprehensive approach to protect 
our Nation's children.
  Human service organizations rely on volunteers and employees to 
provide services and care to children. These individuals coach soccer 
games, mentor young people, run youth camps, and much more. 
Approximately 61 million adults currently volunteer--with 27 percent 
dedicating their volunteer service to education and youth programs. By 
volunteering, they necessarily gain very close, often unsupervised 
access to our children. Of course, the vast majority of these people 
have the best interest of our children at heart--and we need as many 
volunteers as we can get. But, at the same time, we have to understand 
that bad people will take any step they can to gain access to children 
and many attempt to do this by volunteering.
  Congress has previously attempted to ensure that States make FBI 
criminal history record checks available to organizations seeking to 
screen employees and volunteers who work with children, through the 
National Child Protection Act of 1993 and the Volunteers for Children 
Act. However, according to a report from the Attorney General, these 
laws ``did not have the intended impact of broadening the availability 
of checks.'' A 2007 survey conducted by MENTOR/National Mentoring 
Partnership found that only 18 States allowed youth mentoring 
organizations to access nationwide Federal Bureau of Investigation 
background searches. And, even when states do provide access to 
background checks, it can be expensive and time consuming.
  With the PROTECT Act pilot we decided to give some groups a direct 
line towards obtaining a national background check from the FBI and 
obtaining a fitness determination by the National Center for Missing 
and Exploited Children to see whether the applicant could present a 
potential threat to children. Thanks to the hard work and commitment of 
NCMEC, the FBI, MENTOR/National Mentoring Partnership, and others this 
pilot program has proven incredibly effective. During the course of the 
pilot, we conducted roughly 37,000 background checks. Of these checks, 
6.1 percent of prospective volunteers were found to have a criminal 
record of concern--including very serious offenses like sexual abuse of 
minors, assaults, murder, and serious drug offenses. In all, this 
represents over 2,200 dangerous people we prevented from working as 
volunteers with children. In addition, over 40 percent of the 
individuals with criminal records had committed an offense in a state 
other than where they were applying to volunteer, meaning that a state-
only search would not have found relevant criminal records. In my view, 
this speaks to the urgent need of expanding this pilot to more groups 
and towards making the program permanent.

  Despite these successes, the pilot was limited in several respects. 
The pilot was limited in scope with only a few youth-serving entities 
able to participate, and irregularities with respect to the annual 
appropriations process made it extremely difficult to operate the 
program to its fullest extent. With the legislation, we are introducing 
today, we build upon the lessons learned by taking the following steps: 
make the program permanent, which will help ensure that long-term 
investments are made to make the program effective and inexpensive; 
establish an Applicant Processing Center, APC, to assist youth serving 
organizations with the administrative tasks related to accessing the 
system, such as obtaining a fingerprint and handling billing with the 
FBI; and permanently establish and upgrade the fitness determination 
process at the National Center for Missing and Exploited Children.
  In addition, we authorize the collection of a small surcharge to pay 
the FBI fee and offset the expenses incurred by National Center for 
Missing and Exploited Children and the Applicant Processing Center. 
With literally millions of volunteers working with our Nation's youth 
every year, it is imperative to provide a mechanism to allow more 
youth-serving organizations access and ensure a steady stream of 
resources to allow the program to grow toward the goal of protecting 
more children. This bill will do that.
  Before closing, I want to touch on fee for service component which is 
added to this bill. Of course, the goal has always been that the checks 
have to be fast, inexpensive, and accurate for these checks to be 
suitable for non-profit organizations. By adding a small surcharge to 
the fee the FBI charges, we maintain that goal while expanding access. 
The bottom line is this--youth-serving organizations have told us that 
the ability to consistently obtain background checks and fitness 
determinations is critical and they will pay a little more to have 
access. Because Federal resources are simply not sufficient to provide 
wide access, and because the ebb and flow of the appropriations process 
creates instability with respect to how many checks can be completed, 
we felt that a small surcharge was the right approach.
  Even with the surcharge, we still keep the cost very low. The bill 
calls for a fee no greater than $25 or the actual costs of preparing 
the application, running the background check by the FBI, and making 
the fitness determination by NCMEC for nonprofits. The applicant 
processing center created in this bill will collect this fee and make 
sure that all the costs are offset. And the goal is that this fee will 
offset all of the costs so that we can grow a system that is available 
to a wide range of entities that work with children. As of today, the 
American Camp Association, the Afterschool Alliance, the America's 
Promise Alliance, Big Brothers Big Sisters of America, Boys and Girls 
Clubs of America, Communities In Schools, Inc., First Focus, MENTOR/
National Mentoring Partnership, and YMCA of the USA all agree with this 
approach.
  In addition, the bill authorizes $5 million in 2009 for startup costs 
and to develop new processes and technologies to automate and 
streamline the functions to keep costs down. And, while it's not a part 
of this legislation, I hope that we can get some of our great 
technology companies to help us with this effort by possibly donating 
some of their time, expertise, and ingenuity towards helping us 
automate the process--especially with the fitness determination process 
at the National Center for Missing and Exploited Children which is a 
time consuming, labor-intensive process involving the manual review of 
criminal rap sheets. We formed a similar public-private partnership 
when we established the National Domestic Violence Hotline, and I hope 
we will be able to replicate that success here. Once we get this bill 
passed, I will be reaching out to some of our best technology companies 
to see if they can help us ensure that these checks remain inexpensive 
and

[[Page S2140]]

available for as many youth-serving groups as possible.
  I would once again like to thank my colleagues Senator Hatch's and 
Senator Specter's work on crafting this bill. We proved that we can 
help protect children at a low cost with the pilot program, and I 
believe that this bill will help expand access to a greater number of 
groups so that we can grow that number of protected children 
exponentially. To me, this is exactly the kind of service that the 
government owes to its people, and I look forward to its prompt passage 
before the expiration of the pilot program on July 30th, later this 
summer.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2756

       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 2008''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In 2006, 61,200,000 adults (a total of 26.7 percent of 
     the population) contributed a total of 8,100,000,000 hours of 
     volunteer service. Of those who volunteer, 27 percent 
     dedicate their service to education or youth programs, or a 
     total of 16,500,000 adults.
       (2) Assuming recent incarceration rates remain unchanged, 
     an estimated 6.6 percent of individuals in the United States 
     will serve time in prison for a crime during their lifetime. 
     The Integrated Automated Fingerprint Identification System of 
     the Federal Bureau of Investigation maintains fingerprints 
     and criminal histories on more than 47,000,000 individuals, 
     many of whom have been arrested or convicted multiple times.
       (3) A study released in 2002, found that, of individuals 
     released from prison in 15 States in 1994, an estimated 67.5 
     percent were rearrested for a felony or serious misdemeanor 
     within 3 years. Three-quarters of those new arrests resulted 
     in convictions or a new prison sentence.
       (4) Given the large number of individuals with criminal 
     records and the vulnerability of the population they work 
     with, human service organizations that work with children 
     need an effective and reliable means of obtaining a complete 
     criminal history in order to determine the suitability of a 
     potential volunteer or employee.
       (5) The large majority of Americans (88 percent) favor 
     granting youth-serving organizations access to conviction 
     records for screening volunteers and 59 percent favored 
     allowing youth-serving organizations to consider arrest 
     records when screening volunteers. This was the only use for 
     which a majority of those surveyed favored granting access to 
     arrest records.
       (6) Congress has previously attempted to ensure that States 
     make Federal Bureau of Investigation criminal history record 
     checks available to organizations seeking to screen employees 
     and volunteers who work with children, the elderly, and 
     individuals with disabilities, through the National Child 
     Protection Act of 1993 (42 U.S.C. 5119 et seq.) and the 
     Volunteers for Children Act (Public Law 105-251; 112 Stat. 
     1885). However, according to a June 2006 report from the 
     Attorney General, these laws ``did not have the intended 
     impact of broadening the availability of NCPA checks.''. A 
     2007 survey conducted by MENTOR/National Mentoring 
     Partnership found that only 18 States allowed youth mentoring 
     organizations to access nationwide Federal Bureau of 
     Investigation background searches.
       (7) Even when accessible, the cost of a criminal background 
     check can be prohibitively expensive, ranging from $5 to $75 
     for a State fingerprint check, plus the Federal Bureau of 
     Investigation fee, which ranges between $16 to $24, for a 
     total of between $21 and $99 for each volunteer or employee.
       (8) Delays in processing such checks can also limit their 
     utility. While the Federal Bureau of Investigation processes 
     all civil fingerprint requests in less than 24 hours, State 
     response times vary widely, and can take as long as 42 days.
       (9) The Child Safety Pilot Program under section 108 of the 
     PROTECT Act (42 U.S.C. 5119a note) revealed the importance of 
     performing fingerprint-based Federal Bureau of Investigation 
     criminal history record checks. Of 29,000 background checks 
     performed through the pilot as of March 2007, 6.4 percent of 
     volunteers were found to have a criminal record of concern, 
     including very serious offenses such as sexual abuse of 
     minors, assault, child cruelty, murder, and serious drug 
     offenses.
       (10) In an analysis performed on the volunteers screened in 
     the first 18 months of the Child Safety Pilot Program, it was 
     found that over 25 percent of the individuals with criminal 
     records had committed an offense in a State other than the 
     State in which they were applying to volunteer, meaning that 
     a State-only search would not have found relevant criminal 
     results. In addition, even though volunteers knew a 
     background check was being performed, over 50 percent of the 
     individuals found to have a criminal record falsely indicated 
     on their application form that they did not have a criminal 
     record.
       (11) The Child Safety Pilot Program also demonstrates that 
     timely and affordable background checks are possible, as 
     background checks under that program are completed within 3 
     to 5 business days at a cost of $18.

     SEC. 3. BACKGROUND CHECKS.

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

     ``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND 
                   CHECKS FOR CHILD-SERVING ORGANIZATIONS.

       ``(a) Definitions.--In this section--
       ``(1) the term `applicant processing center' means the 
     applicant processing center established by the Attorney 
     General under subsection (b)(1);
       ``(2) the term `child' means an individual who is less than 
     18 years of age;
       ``(3) the term `covered entity' means a business or 
     organization, whether public, private, for-profit, nonprofit, 
     or voluntary that provides care, care placement, supervision, 
     treatment, education, training, instruction, or recreation to 
     children, including a business or organization that licenses, 
     certifies, or coordinates individuals or organizations to 
     provide care, care placement, supervision, treatment, 
     education, training, instruction or recreation to children;
       ``(4) the term `covered individual' means an individual--
       ``(A) who has, seeks to have, or may have unsupervised 
     access to a child served by a covered entity; and
       ``(B) who--
       ``(i) is employed by or volunteers with, or seeks to be 
     employed by or volunteer with, a covered entity; or
       ``(ii) owns or operates, or seeks to own or operate, a 
     covered entity;
       ``(5) the term `fitness determination program' means the 
     fitness determination program established under subsection 
     (b)(2);
       ``(6) the term `identification document' has the meaning 
     given that term in section 1028 of title 18, United States 
     Code;
       ``(7) the term `participating entity' means a covered 
     entity that is approved under subsection (f) to receive 
     nationwide background checks from the applicant processing 
     center and to participate in the fitness determination 
     program;
       ``(8) the term `State' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     American Samoa, the Virgin Islands, Guam, the Commonwealth of 
     the Northern Mariana Islands, the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau; and
       ``(9) the term `State authorized agency' means a division 
     or office of a State designated by that State to report, 
     receive, or disseminate criminal history information.
       ``(b) Establishment of Program.--Not later than 90 days 
     after the date of enactment of the Child Protection 
     Improvements Act of 2008, the Attorney General shall--
       ``(1) establish within the Federal Government or through an 
     agreement with a nonprofit entity an applicant processing 
     center; and
       ``(2) enter into an agreement with the National Center for 
     Missing and Exploited Children, under which the National 
     Center for Missing and Exploited Children shall establish a 
     fitness determination program.
       ``(c) Applicant Processing Center.--
       ``(1) Purpose.--The purpose of the applicant processing 
     center is to streamline the process of obtaining nationwide 
     background checks, provide effective customer service, and 
     facilitate widespread access to nationwide background checks 
     by participating entities.
       ``(2) Duties.--The applicant processing center shall--
       ``(A) provide information to covered entities on the 
     requirements to become a participating entity;
       ``(B) provide participating entities with access to 
     nationwide background checks on covered individuals;
       ``(C) receive paper and electronic requests for nationwide 
     background checks on covered individuals from participating 
     entities;
       ``(D) serve as a national resource center to provide 
     guidance and assistance to participating entities on how to 
     submit requests for nationwide background checks, how to 
     interpret criminal history records, how to obtain State 
     criminal background checks, and other related information;
       ``(E) to the extent practicable, negotiate an agreement 
     with each State authorized agency under which--
       ``(i) that State authorized agency shall conduct a State 
     criminal background check within the time periods specified 
     in subsection (e) in response to a request from the applicant 
     processing center and provide criminal history records to the 
     National Center for Missing and Exploited Children; and
       ``(ii) a participating entity may elect to obtain a State 
     background check, in addition to a nationwide background 
     check, through 1 unified request to the applicant processing 
     center;
       ``(F) convert all paper fingerprint cards into an 
     electronic form and securely transmit all fingerprints 
     electronically to the national criminal history background 
     check

[[Page S2141]]

     system and, if appropriate, the State authorized agencies;
       ``(G) collect a fee to conduct the nationwide background 
     check, and, if appropriate, a State criminal background 
     check, and remit fees to the National Center for Missing and 
     Exploited Children, the Federal Bureau of Investigation, and 
     the State authorized agencies, as appropriate;
       ``(H) convey the results of the fitness determination to 
     the participating entity that submitted the request for a 
     nationwide background check; and
       ``(I) coordinate with the Federal Bureau of Investigation, 
     participating State authorized agencies, and the National 
     Center for Missing and Exploited Children to ensure that 
     background check requests are being completed within the time 
     periods specified in subsection (e).
       ``(3) Requests.--A request for a nationwide background 
     check by a participating entity shall include--
       ``(A) the fingerprints of the covered individual, in paper 
     or electronic form;
       ``(B) a photocopy of a valid identification document; and
       ``(C) a statement completed and signed by the covered 
     individual that--
       ``(i) sets out the covered individual's name, address, and 
     date of birth, as those items of information appear on a 
     valid identification document;
       ``(ii) states whether the covered individual has a criminal 
     record, and, if so, provides the particulars of such criminal 
     record;
       ``(iii) notifies the covered individual that the Attorney 
     General and, if appropriate, a State authorized agency may 
     perform a criminal history background check and that the 
     signature of the covered individual on the statement 
     constitutes an acknowledgment that such a check may be 
     conducted;
       ``(iv) notifies the covered individual that prior to and 
     after the completion of the background check, the 
     participating entity may choose to deny the covered 
     individual access to children; and
       ``(v) notifies the covered individual of the right of the 
     covered individual to correct an erroneous record of the 
     Attorney General and, if appropriate, the State authorized 
     agency.
       ``(4) Fees.--
       ``(A) In general.--The applicant processing center may 
     collect a fee to defray the costs of carrying out its duties 
     and the duties of National Center for Missing and Exploited 
     Children under this section--
       ``(i) for a nationwide background check and fitness 
     determination, in an amount not to exceed the lesser of--

       ``(I) the actual cost to the applicant processing center 
     and the National Center for Missing and Exploited Children of 
     conducting a nationwide background check and fitness 
     determination under this section; or
       ``(II)(aa) $25 for a participating entity that is a 
     nonprofit entity; or
       ``(bb) $40 for any other participating entity; and

       ``(ii) for a State criminal background check described in 
     paragraph (2)(E), in the amount specified in the agreement 
     with the applicable State authorized agency, not to exceed 
     $18.
       ``(B) Reduced fees.--In determining the amount of the fees 
     to be collected under subparagraph (A), the applicant 
     processing center--
       ``(i) shall, to the extent possible, discount such fees for 
     participating entities that are nonprofit entities; and
       ``(ii) may use fees paid by participating entities that are 
     not nonprofit entities to reduce the fees to be paid by 
     participating entities that are nonprofit entities.
       ``(C) Prohibition on fees.--
       ``(i) In general.--A participating entity may not charge 
     another entity or individual a surcharge to access a 
     background check conducted under this section.
       ``(ii) Violation.--The Attorney General shall bar any 
     participating entity that the Attorney General determines 
     violated clause (i) from submitting background checks under 
     this section.
       ``(d) Fitness Determination Program.--
       ``(1) Purpose.--The purpose of the fitness determination 
     program is to provide participating entities with reliable 
     and accurate information regarding whether a covered 
     individual has been convicted of, or is under pending arrest 
     or indictment for, a crime that bears upon the fitness of the 
     covered individual to have responsibility for the safety and 
     well-being of the children in their care.
       ``(2) Requirements of fitness determination program.--As 
     part of operating the fitness determination program, the 
     National Center for Missing and Exploited Children shall--
       ``(A) establish procedures to securely receive criminal 
     background records from the Federal Bureau of Investigation 
     and, if appropriate, State authorized agencies;
       ``(B) make determinations regarding whether the criminal 
     history record information received in response to a criminal 
     history background check conducted under this section 
     indicate that the covered individual has a criminal history 
     record that may render the covered individual unfit to 
     provide care to children, based on the criteria described in 
     paragraph (3);
       ``(C) convey a fitness determination to the applicant 
     processing center;
       ``(D) specify the source of the criminal history 
     information upon which a fitness determination is based; and
       ``(E) work with the applicant processing center and the 
     Federal Bureau of Investigation to develop procedures and 
     processes to ensure that criminal history background check 
     requests are being completed within the time periods 
     specified in subsection (e).
       ``(3) Criteria.--
       ``(A) In general.--Subject to subparagraph (B), the fitness 
     determination program shall use the criteria relating to when 
     criminal history record information indicates that an 
     individual has a criminal history record that may render the 
     individual unfit to provide care to children that were 
     established for the Child Safety Pilot Program under section 
     108(a)(3) of the PROTECT Act (42 U.S.C. 5119a note).
       ``(B) Review.--The Attorney General and the National Center 
     for Missing and Exploited Children, in coordination with 
     national organizations representing a range of covered 
     entities, shall review the criteria described in subparagraph 
     (A) and make any changes needed to use such criteria in the 
     fitness determination program.
       ``(e) Timing.--
       ``(1) In general.--Criminal background checks shall be 
     completed not later than 10 business days after the date that 
     a request for a national background check is received by the 
     applicant processing center. The applicant processing center 
     shall work with the National Center for Missing and Exploited 
     Children and the Federal Bureau of Investigation to ensure 
     that the time limits under this subsection are being 
     achieved.
       ``(2) Application processing.--The applicant processing 
     center shall electronically submit a national background 
     check request to the national criminal history background 
     check system and, if appropriate, the participating State 
     authorized agency not later than 3 business days after the 
     date that a request for a national background check is 
     received by the applicant processing center.
       ``(3) Conduct of background checks.--The Federal Bureau of 
     Investigation and, if appropriate, a State authorized agency 
     shall provide criminal history records information to the 
     National Center for Missing and Exploited Children not later 
     than 3 business days after the date that the Federal Bureau 
     of Investigation or State authorized agency, as the case may 
     be, receives a request for a nationwide background check from 
     the applicant processing center.
       ``(4) Fitness determinations.--The National Center for 
     Missing and Exploited Children shall convey a fitness 
     determination to a participating entity and the applicant 
     processing center not later than 4 business days after the 
     date that the National Center for Missing and Exploited 
     Children has received criminal history records from the 
     Federal Bureau of Investigation and, if appropriate, each 
     applicable State authorized agency.
       ``(f) Participation in Program.--
       ``(1) In general.--The applicant processing center shall 
     determine whether an entity is a covered entity and whether 
     that covered entity should be approved as a participating 
     entity, based on the consultation conducted under paragraph 
     (2).
       ``(2) Consultation.--In determining how many covered 
     entities to approve as participating entities, the applicant 
     processing center shall consult quarterly with the Federal 
     Bureau of Investigation and the National Center for Missing 
     and Exploited Children to determine the volume of requests 
     for fitness determinations that can be completed, based on 
     the capacity of the applicant processing center and the 
     fitness determination program, the availability of resources, 
     and the demonstrated need for such determinations in order to 
     protect children.
       ``(3) Preference for nonprofit organizations.--In 
     determining whether a covered entity should be approved as a 
     participating entity under paragraph (1), the applicant 
     processing center shall give preference to any organization 
     participating in the Child Safety Pilot Program under section 
     108(a)(3) of the PROTECT Act (42 U.S.C. 5119a note) on the 
     date of enactment of the Child Protection Improvements Act of 
     2008 and to any other nonprofit organizations.
       ``(g) Rights of Covered Individuals.--
       ``(1) In general.--A covered individual who is the subject 
     of a nationwide background check under this section may 
     contact the Federal Bureau of Investigation and, if 
     appropriate, a State authorized agency to--
       ``(A) request that the full criminal history report of that 
     covered individual be provided to that covered individual or 
     the applicable participating entity not later than 10 
     business days after the date of that request; and
       ``(B) challenge the accuracy and completeness of the 
     criminal history record information in the criminal history 
     report.
       ``(2) Resolution of challenges.--The Federal Bureau of 
     Investigation and, if appropriate, a State authorized agency 
     shall promptly make a determination regarding the accuracy 
     and completeness of any criminal history record information 
     challenged under paragraph (1)(B).
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Attorney General $5,000,000 for fiscal year 2008, to--
       ``(A) establish and carry out the duties of the applicant 
     processing center established under this section;
       ``(B) establish and carry out the fitness determination 
     program; and
       ``(C) purse technologies and procedures to streamline and 
     automate processes to enhance cost efficiency.

[[Page S2142]]

       ``(2) Fitness determinations.--There are authorized to be 
     appropriated to the Attorney General to carry out the 
     agreement under this section with the National Center for 
     Missing and Exploited Children $1,000,000 for each of fiscal 
     years 2009 through 2013 to support the fitness determination 
     program and so that fees for nonprofit organizations under 
     that program are as low as possible.
       ``(3) Sense of the senate.--It is the sense of the Senate 
     that in fiscal year 2009, and each fiscal year thereafter, 
     the fees collected by the applicant processing center should 
     be sufficient to carry out the duties of the applicant 
     processing center under this section and to help support the 
     fitness determination program.
       ``(i) Report to Congress.--The Attorney General shall, on 
     an annual basis, submit to Congress a report on the 
     participating entities, the number of covered individuals 
     submitting applications under this section, and the data on 
     the number and types of fitness determinations issued under 
     this section.
       ``(j) Limitation on Liability.--
       ``(1) In general.--A participating entity shall not be 
     liable in an action for damages solely for failure to conduct 
     a criminal background check on a covered individual, 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 participating entity (other 
     than itself) to take action adverse to a covered individual 
     who was the subject of a background check.
       ``(2) Reliance.--The applicant processing center or a 
     participating entity that reasonably relies on a fitness 
     determination or criminal history record information received 
     in response to a background check under this section shall 
     not be liable in an action for damages based on the 
     inaccuracy or incompleteness of that information.
       ``(3) National center for missing and exploited children.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the National Center for Missing and Exploited 
     Children, including a director, officer, employee, or agent 
     of the National Center for Missing and Exploited Children, 
     shall not be liable in an action for damages relating to the 
     performance of the responsibilities and functions of the 
     National Center for Missing and Exploited Children under this 
     section.
       ``(B) Intentional, reckless, or other misconduct.--
     Subparagraph (A) shall not apply in an action if the National 
     Center for Missing and Exploited Children, or a director, 
     officer, employee, or agent of the National Center for 
     Missing and Exploited Children, engaged in intentional 
     misconduct or acted, or failed to act, with actual malice, 
     with reckless disregard to a substantial risk of causing 
     injury without legal justification, or for a purpose 
     unrelated to the performance of responsibilities or functions 
     under this section.
       ``(C) Ordinary business activities.--Subparagraph (A) shall 
     not apply to an act or omission relating to an ordinary 
     business activity, such as an activity involving general 
     administration or operations, the use of motor vehicles, or 
     personnel management.''.

     SEC. 4. EXTENSION OF CHILD SAFETY PILOT.

       Section 108(a)(3)(A) of the PROTECT Act (42 U.S.C. 5119a 
     note) is amended--
       (1) by striking ``60-month''; and
       (2) by adding at the end the following: ``The Child Safety 
     Pilot Program under this paragraph shall terminate on the 
     date that the program for national criminal history 
     background checks for child-serving organizations established 
     under the Child Protection Improvements Act of 2008 is 
     operating and able to enroll any organization using the Child 
     Safety Pilot Program.''.
                                 ______