[Congressional Record Volume 156, Number 107 (Tuesday, July 20, 2010)]
[House]
[Pages H5792-H5798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHILD PROTECTION IMPROVEMENTS ACT OF 2010
Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1469) to amend the National Child Protection Act of
1993 to establish a permanent background check system, as amended.
[[Page H5793]]
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1469
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 2010''.
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 history records on more than 65,000,000
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
history 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
relevant information about criminal histories 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
background 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 history
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 from $15.25 to
$30.25, depending on the method of processing, 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 background checks. Of 68,000 background
checks performed through the pilot program as of May 2009, 6
percent of volunteer applicants were found to have a criminal
history 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 by
the Child Safety Pilot Program, it was found that over 41
percent of the individuals with criminal histories 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 history falsely indicated on their
application form that they did not have a criminal history.
(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 `background check designee' means the entity
or organization, if any, designated by or entering an
agreement with the Attorney General under subsection
(b)(3)(A) to carry out or assist in carrying out the duties
described in subsection (c);
``(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 `criminal history review designee' means an
entity or organization, if any, designated by or entering an
agreement with the Attorney General under subsection
(b)(3)(B) to carry out or assist in carrying out the criminal
history review program;
``(6) the term `criminal history review program' means the
program established under subsection (b)(1)(B);
``(7) the term `identification document' has the meaning
given that term in section 1028 of title 18, United States
Code;
``(8) the term `participating entity' means a covered
entity that is--
``(A) located in a State that does not have a qualified
State program; and
``(B) approved under subsection (f) to receive nationwide
background checks in accordance with subsection (c) and
participate in the criminal history review program;
``(9) the term `qualified State program' means a program of
a State authorized agency that the Attorney General
determines is meeting the standards identified in subsection
(b)(2) to ensure that a wide range of youth-serving
organizations have affordable and timely access to nationwide
background checks;
``(10) the term `open arrest' means an arrest relating to
which charges may still be brought, taking into consideration
the applicable statute of limitations;
``(11) the term `pending charge' means a criminal charge
that has not been resolved through conviction, acquittal,
dismissal, plea bargain, or any other means;
``(12) 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
``(13) 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.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Child Protection Improvements Act of 2010,
the Attorney General shall--
``(A) establish policies and procedures to carry out the
duties described in subsection (c); and
``(B) establish a criminal history review program in
accordance with subsection (d).
``(2) Assessments.--The Attorney General shall conduct--
``(A) an annual assessment of each State authorized agency
to determine whether the agency operates a qualified State
program, including a review of whether the State authorized
agency--
``(i) has designated a wide range of covered entities as
eligible to submit State criminal background check requests
and nationwide background check requests to the State
authorized agency;
``(ii) charges a covered entity not more than a total of
$25 and the fee charged by the Federal Bureau of
Investigation for a nationwide background check; and
``(iii) returns requests for State criminal background
checks and nationwide background checks to a covered entity
not later than 10 business days after the date on which the
request was made; and
``(B) in addition to an annual assessment under
subparagraph (A), an assessment described in that
subparagraph of a State authorized agency if--
``(i) a State authorized agency that does not have a
qualified State program requests such an assessment; or
``(ii) the Attorney General receives reports from covered
entities indicating that a State authorized agency that has a
qualified State program no longer meets the standards
described in subparagraph (A).
``(3) Designees.--The Attorney General may--
``(A) designate one or more Federal government agencies or
enter into an agreement with any other entity or
organization, or entities or organizations to carry out or
assist in carrying out the duties described in subsection
(c); and
``(B) designate a Federal government agency or enter into
an agreement with 1 or more Federal, State, or local
government agencies to carry out or assist in carrying out
the criminal history review program.
[[Page H5794]]
``(c) Access to Nationwide Background Checks.--
``(1) Purpose.--The purpose of this section 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 Attorney General or the background check
designee shall--
``(A) handle inquiries from covered entities and inform
covered entities about how to request nationwide background
checks--
``(i) for a covered entity located in a State with a
qualified State program, by referring the covered entity to
the State authorized agency; and
``(ii) for a covered entity located in a State without a
qualified State program, by providing information on the
requirements to become a participating entity;
``(B) provide participating entities with access to
nationwide background checks on covered individuals in
accordance with this section;
``(C) receive paper and electronic requests for nationwide
background checks on covered individuals from participating
entities;
``(D) 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 Attorney
General or the background check designee and provide criminal
history records to the Attorney General or the criminal
history review designee; and
``(ii) a participating entity may elect to obtain a State
criminal background check, in addition to a nationwide
background check, through 1 unified request to the Attorney
General or the background check designee;
``(E) convert all paper fingerprint cards into an
electronic form and securely transmit all fingerprints
electronically to the national criminal history background
check system and, if appropriate, the State authorized
agencies;
``(F) collect a fee to conduct the nationwide background
check, and, if appropriate, a State criminal background
check, and remit fees to the Attorney General or the criminal
history review designee, the Federal Bureau of Investigation,
and, if appropriate, the State authorized agencies; and
``(G) coordinate with the Federal Bureau of Investigation,
participating State authorized agencies, and the Attorney
General or the criminal history review designee to ensure
that background check requests are being completed within the
time periods specified in subsection (e).
``(3) Required information.--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, and demographic
characteristics defined at subsection (j)(2)(A);
``(ii) 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;
``(iii) notifies the covered individual that the signature
of the covered individual constitutes consent to participate
in the criminal history review program, under which the
participating entity may be informed if the criminal history
records of the covered individual reveal a criminal history
that warrants special concern or further inquiry;
``(iv) notifies the covered individual that the covered
individual shall be provided with a copy of the criminal
history records of the covered individual and shall have 10
business days to review the records, challenge the accuracy
or completeness of any information in the records, or
withdraw consent to participate in the criminal history
review program before any information about the criminal
history of the covered individual is provided to the
participating entity; and
``(v) 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.
``(4) Fees.--
``(A) In general.--The Attorney General or the background
check designee may collect a fee to defray the costs of
carrying out the duties described in this subsection, the
costs of the Federal Bureau of Investigation and State and
local agencies in resolving the accuracy of criminal history
records of covered individuals, and the duties of the
criminal history review designee under this section--
``(i) for a nationwide background check and criminal
history review, in an amount not to exceed the lesser of--
``(I) the sum of--
``(aa) the actual cost to the Attorney General or the
background check designee of conducting a nationwide
background check; and
``(bb) the actual cost to the Attorney General or the
criminal history review designee of conducting a criminal
history review under this section; or
``(II) to the extent practicable, no greater than $25 for a
covered individual who volunteers with a covered entity
except that where practicable the fee may be waived by the
Attorney General upon a showing of substantial hardship; and
``(ii) for a State criminal background check described in
paragraph (2)(D), in the amount specified in the agreement
with the applicable State authorized agency, not to exceed
$25.
``(B) 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) Criminal History Review Program.--
``(1) Purpose.--The purpose of the criminal history review
program is to provide participating entities with reliable
and accurate information regarding whether a covered
individual has been convicted of, or has an open arrest or
pending charges for, a crime that may bear upon the fitness
of the covered individual to have responsibility for the
safety and well-being of the children in their care.
``(2) Requirements.--The Attorney General or the criminal
history review designee shall--
``(A) establish procedures to securely receive criminal
history records from the Federal Bureau of Investigation, if
necessary, and from State authorized agencies, if
appropriate;
``(B) after receiving a criminal history record from the
Federal Bureau of Investigation transmit to the covered
individual--
``(i) the criminal history records;
``(ii) a detailed notification of the rights of the covered
individual under subsection (g); and
``(iii) information about how to contact the Attorney
General or criminal history review designee for the purpose
of challenging the accuracy or completeness of any
information in the criminal history record or to withdraw
consent to participate in the criminal history review
program;
``(C) if the covered individual informs the Attorney
General or criminal history review designee that the covered
individual intends to challenge the accuracy or completeness
of any information in the criminal history record, assist the
covered individual in contacting the appropriate persons or
offices within the Federal Bureau of Investigation or State
authorized agency;
``(D) make determinations regarding whether the criminal
history records received in response to a criminal history
background check conducted under this section indicate that
the covered individual has a criminal history that may bear
on the covered individual's fitness to provide care to
children, based solely on the criteria described in paragraph
(3);
``(E) unless the covered individual has withdrawn consent
to participate in the criminal history review program, convey
to the participating entity that submitted the request for a
nationwide background check--
``(i) which of the 3 categorizations described in paragraph
(3) criminal conviction of special concern identified,
further inquiry recommended, or no criminal records of
special concern identified apply to the covered individual;
``(ii) information and guidance relating to the appropriate
use of criminal history information when making decisions
regarding hiring employees and using volunteers;
``(iii) if a criminal history that meets the criteria set
forth in subparagraph (A) or (B) of paragraph (3) is found, a
recommendation to the participating entity to consult with
the covered individual in order to obtain more information
about the criminal history of the covered individual, and a
list of factors to consider in assessing the significance of
that criminal history, including--
``(I) the nature, gravity, and circumstances of the
offense, including whether the individual was convicted of
the offense;
``(II) the period of time that has elapsed since the date
of the offense or end of a period of incarceration or
supervised release;
``(III) the nature of the position held or sought; and
``(IV) any evidence of rehabilitation; and
``(iv) instructions and guidance that, in evaluating the
considerations described in clause (iii), the participating
entity should consult the Equal Employment Opportunity
Commission Policy Statement on the Issue of Conviction
Records under Title VII of the Civil Rights Act or any
successor thereto issued by the Equal Employment Opportunity
Commission;
``(F) if a covered individual has withdrawn consent to
participate in the criminal history review program, inform
the participating entity that consent has been withdrawn;
``(G) work with the Attorney General or the background
check designee and the Federal Bureau of Investigation to
develop processes and procedures to ensure that criminal
history background check requests are completed within the
time periods specified in subsection (e); and
``(H) serve as a national resource center to provide
guidance and assistance to participating entities on how to
interpret criminal history information, the possible
restrictions that apply when making hiring decisions
[[Page H5795]]
based on criminal histories, and other related information.
``(3) Criminal history review criteria.--The Attorney
General or the criminal history review designee shall, in
determining when a criminal history record indicates that a
covered individual has a criminal history that may bear on
the fitness of the covered individual to provide care to
children--
``(A) assign a categorization of criminal conviction of
special concern identified if a covered individual is found
to have a conviction that would prevent the individual from
being approved as a foster or adoptive parent under section
471(a)(20)(A) of the Social Security Act (42 U.S.C.
671(a)(20)(A));
``(B) assign a categorization of further inquiry
recommended if a covered individual is found to have--
``(i) a conviction for a serious misdemeanor, committed
against a child, involving the same type of conduct
prohibited by a felony described in section 471(a)(20)(A) of
the Social Security Act (42 U.S.C. 671(a)(20)(A));
``(ii) a conviction for a serious misdemeanor, not
committed against a child, involving the same type of conduct
prohibited by a felony described in section 471(a)(20)(A) of
the Social Security Act (42 U.S.C. 671(a)(20)(A)) unless 5
years has elapsed since the later of the date of conviction
and the date of release of the person from imprisonment for
that conviction;
``(iii) an open arrest or pending charge for a felony
described in, or a serious misdemeanor involving the same
type of conduct prohibited by a felony described in, section
471(a)(20)(A) of the Social Security Act (42 U.S.C.
671(a)(20)(A)); and
``(C) assign a categorization of no criminal records of
special concern identified for a covered individual that does
not meet the criteria described in subparagraph (A) or (B).
``(e) Timing.--
``(1) In general.--Unless exceptional circumstances apply,
criminal background checks shall be completed according to
the time frame under this subsection. The Attorney General or
the background check designee shall work with the criminal
history review designee and the Federal Bureau of
Investigation to ensure that the time limits under this
subsection are being achieved.
``(2) Application processing.--The Attorney General or the
background check designee shall electronically submit a
national background check request to the Federal Bureau of
Investigation and, if appropriate, the participating State
authorized agency not later than 2 business days after the
date on which a request for a national background check is
received by the Attorney General or the background check
designee.
``(3) Conduct of background checks.--The Federal Bureau of
Investigation and, if appropriate, a State authorized agency
shall provide criminal history records to the Attorney
General or the criminal history review designee not later
than 2 business days after the date on which the Federal
Bureau of Investigation or State authorized agency, as the
case may be, receives a request for a nationwide background
check from the Attorney General or the background check
designee.
``(4) Provision of records to covered individuals and
opportunity to challenge.--When the Attorney General or the
criminal history review designee finds that a covered
individual's criminal history records fall with the
categorizations described in subparagraph (A) or (B) of
subsection (d)(3), the Attorney General or criminal history
review designee shall provide the covered individual with the
criminal history records of the covered individual and a
detailed notification of the rights of the covered individual
under subsection (g) not later than 1 business day after the
date on which the Attorney General or criminal history review
designee receives a criminal history record from the Federal
Bureau of Investigation and, if necessary, resolves any
potentially incomplete information in accordance with
subsection (d)(2)(B). The covered individual shall have 10
business days from the date sent to challenge the accuracy or
completeness of any information in the criminal history
record or to withdraw consent to participate in the criminal
history review program.
``(5) Criminal history reviews.--Unless the Federal Bureau
of Investigation certifies that further time is required to
resolve a challenge brought by a covered individual, the
Attorney General or the criminal history review designee
shall convey to the participating entity the information set
forth in subparagraph (F) or (G) of subsection (d)(2), as
appropriate, 10 business days after providing the covered
individuals with the criminal history records of the covered
individual and a notification of their rights under
subsection (g).
``(f) Participation in Program.--
``(1) In general.--The Attorney General or the background
check designee shall determine whether an entity is a covered
entity and whether that covered entity should be approved as
a participating entity, based on--
``(A) whether the entity is located in a State that has a
qualified State program; and
``(B) the consultation conducted under paragraph (2).
``(2) Consultation.--In determining how many covered
entities to approve as participating entities, the Attorney
General or the background check designee shall consult
quarterly with the Federal Bureau of Investigation and the
criminal history review designee to determine the volume of
requests for national background checks that can be
completed, based on the capacity of the criminal history
review program and the Federal Bureau of Investigation, the
availability of resources, and the demonstrated need for
national background checks 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 Attorney
General or the background check designee 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 2010 and to any other
nonprofit organizations.
``(g) Right of Covered Individuals To Challenge Accuracy or
Completeness of Records.--A covered individual who is the
subject of a nationwide background check under this section
may challenge the accuracy and completeness of the criminal
history records in the criminal history report as provided in
subsection (d)(2)(D), without submitting a separate set of
fingerprints or an additional fee.
``(h) Duties of the Federal Bureau of Investigation.--
``(1) Response to a request for criminal background
records.--Upon request by the Attorney General or background
check designee, the Federal Bureau of Investigation shall
conduct a nationwide background check and provide any
criminal history records to the Attorney General or criminal
history review designee.
``(2) Resolution of challenges.--If a covered individual
challenges the accuracy or completeness of any information in
the criminal history record of the covered individual, the
Federal Bureau of Investigation, in consultation with the
agency that contributed to the record, shall--
``(A) investigate the challenge with relevant departments
and agencies of the Federal Government and State and local
governments;
``(B) promptly make a determination regarding the accuracy
and completeness of the challenged information; and
``(C) correct any inaccurate or incomplete records.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Attorney General for each of fiscal years 2011 through
2014 such sums as are necessary to carry out the provisions
of this Act.
``(2) Sense of the house.--It is the sense of the House of
Representatives that in fiscal year 2011, and each fiscal
year thereafter, the fees collected by the Attorney General
or the background check designee should be sufficient to
carry out the duties of the Attorney General or the
background check designee under this section and to help
support the criminal history review program.
``(j) Collection of Data and Report to Congress.--
``(1) In general.--Not later than 1 year after the
establishment of the program created under subsection (b),
and annually thereafter, the Attorney General shall prepare
and submit to Congress and make available to the public a
report on the programs and procedures established under this
Act.
``(2) Collection of data.--
``(A) Definition of demographic characteristics.--In this
paragraph, the term `demographic characteristics' includes
information pertaining to race, color, ancestry, national
origin, age, sex, and marital status.
``(B) Compiling.--Beginning within 90 days after the
establishment of the program under subsection (b), the
Attorney General shall compile data regarding--
``(i) the number and types of participating entities;
``(ii) the fees charged to participating entities under
this section;
``(iii) the time interval between nationwide background
check submissions and responses under this section;
``(iv) the fiscal impact of this section on State
authorized agencies;
``(v) the number and demographic characteristics of covered
individuals submitting a statement described in subsection
(c)(3)(A)(iii) as part of a request for a nationwide
background check;
``(vi) the number and demographic characteristics of
covered individuals determined to have a criminal history;
``(vii) the number, type (including the identity of the
offense and whether the offense was committed while the
covered individual was a juvenile or adult), and frequency of
offenses, and length of the period between the date of the
offense and the date of the nationwide background check for
any covered individuals found to have a criminal history
under this section;
``(viii) the procedures available for covered individuals
to challenge the accuracy and completeness of criminal
history records under this section;
``(ix) the number and results of challenges to the accuracy
and completeness of criminal history records under this
section;
``(x) the number and types of corrections of erroneous
criminal history records based on a challenge under this
section; and
``(xi) the number and types of inquiries for assistance on
interpreting a criminal history received by the criminal
history review program.
``(C) Aggregating data.--The Attorney General shall--
[[Page H5796]]
``(i) aggregate the data collected under this paragraph by
State and city; and
``(ii) aggregate the data collected under clauses (v),
(vi), and (vii) of subparagraph (B) by race, color, ancestry,
national origin, age, sex, and marital status.
``(D) Reports.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Child Protection Improvements Act of 2010,
and annually thereafter, the Attorney General shall prepare
and submit to Congress a report concerning the data compiled
and aggregated under this paragraph.
``(ii) Contents.--Each report submitted under clause (i)
shall contain--
``(I) the data compiled and aggregated under this
paragraph, organized in such a way as to provide a
comprehensive analysis of the programs and procedures
established under this section;
``(II) information regarding and analysis of--
``(aa) the programs and procedures established under this
section; and
``(bb) the extent such programs and procedures have helped
screen individuals who may pose a risk to children; and
``(III) information regarding and analysis of whether and
to what extent the programs and procedures established under
this section are having a disparate impact on individuals
based on race, color, ancestry, national origin, age, sex, or
marital status.
``(iii) Recommendations.--A report submitted under clause
(i) may contain recommendations to Congress on possible
legislative improvements to this section.
``(iv) Additional information.--Upon the request of any
member of Congress, the Attorney General shall make available
any of the data compiled or aggregated under this paragraph.
The Attorney General shall not make available any data that
identifies specific individuals.
``(k) Limitation on Liability.--
``(1) In general.--
``(A) Failure to conduct criminal background checks.--No
participating entity shall be liable in an action for damages
solely for failure to conduct a criminal background check on
a covered individual.
``(B) Failure to take adverse action against covered
individual.--No participating entity shall be liable in an
action for damages solely for a failure to take action
adverse to a covered individual upon receiving any notice of
criminal history from the Attorney General or the criminal
history review designee under subsection (d)(2)(F).
``(2) Reliance.--A participating entity that reasonably
relies on criminal history records 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) Criminal history review program.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C) the background check designee and the criminal
history review designee, including a director, officer,
employee, or agent of the background check designee, or the
criminal history review designee, shall not be liable in an
action for damages relating to the performance of the
responsibilities and functions of the background check
designee and the criminal history review designee under this
section.
``(B) Intentional, reckless, or other misconduct.--
Subparagraph (A) shall not apply in an action if the
background check designee, or the criminal history review
designee, or a director, officer, employee, or agent of the
background check designee, or the criminal history review
designee, 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.
``(4) Civil claims of damages.--Nothing in this subsection
shall apply in actions for damages based upon title VII of
the Civil Rights Act of 1964 or the Fair Credit Report Act.
``(l) Privacy of Information.--
``(1) Prohibition on unauthorized disclosure or use of
criminal history records.--Except for a covered individual,
any entity or individual authorized to receive or transmit
fingerprints or criminal history records under this Act--
``(A) shall use the fingerprints, criminal history records,
or information in the criminal history records only for the
purposes specifically set forth in this Act;
``(B) shall allow access to the fingerprints, criminal
history records, or information in the criminal history
records only to those employees of the entity, and only on
such terms, as are necessary to fulfill the purposes set
forth in this Act;
``(C) shall not disclose the fingerprints, criminal history
records, or information in the criminal history records,
except as specifically authorized under this Act;
``(D) shall keep a written record of each authorized
disclosure of the fingerprints, criminal history records, or
the information in the criminal history records; and
``(E) shall maintain adequate security measures to ensure
the confidentiality of the fingerprints, the criminal history
records, and the information in the criminal history records.
``(2) Compliance.--
``(A) In general.--The Attorney General shall promulgate
regulations to ensure the enforcement of the nondisclosure
requirements under paragraph (1) and to provide for
appropriate sanctions in the case of violations of the
requirements.
``(B) Participating entities and designees.--The
participation in any program under this section by an entity
or organization that enters into an agreement with the
Attorney General to carry out the duties described in
subsection (c) or to carry out the criminal history review
program shall be conditioned on the person--
``(i) establishing procedures to ensure compliance with,
and respond to any violations of, paragraph (1); and
``(ii) maintaining substantial compliance with paragraph
(1).
``(3) Destruction of records.--
``(A) In general.--Except as provided in subparagraph (B),
the Attorney General, the background check designee, and the
criminal history review designee shall destroy any
fingerprints, either in paper or electronic form, or criminal
history record received for the purpose of carrying out the
provisions of this Act after any transaction based on the
fingerprints or criminal history record is completed, and
shall not maintain the fingerprints, the criminal history
records, or the information in the criminal history record in
any form. This paragraph shall not apply to the retention of
fingerprints by the FBI, upon consent of the covered
individual or in accordance with State or Federal procedures,
for the purpose of providing fingerprint verification or
subsequent hit notification services, or for the retention of
criminal history record information which updates the
criminal history record.
``(B) Repeat applicants.--A covered individual may sign a
release permitting the Attorney General or background check
designee to retain the fingerprints of the covered individual
for a period not to exceed 5 years, for the sole purpose of
participating in the criminal history review program on a
subsequent occasion.''.
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 ``92-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 2010 is
operating and able to enroll any organization using the Child
Safety Pilot Program.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. SCOTT of Virginia. I yield myself such time as I may consume.
Mr. Speaker, H.R. 1469, the Child Protection Improvements Act of
2009, will permanently authorize the National Child Safety Program.
Passed in 2003 as part of the PROTECT Act, the National Child Safety
Pilot Program assists organizations in checking criminal records of
volunteers before placing them as mentors with children. Every year,
millions of Americans generously give their time and energy to
volunteer and mentor children across the country. While most of these
volunteers and mentors are only interested in being good role models to
children, it is important that we are able to identify those who seek
to do harm.
The National Child Safety Pilot Program has enabled youth-serving
organizations to access the FBI's national fingerprint-based background
check system since 2003. By providing access to the more comprehensive
data in the FBI's database, rather than just the in-State background
check that would otherwise be available, the program has helped to
prevent child predators and sex offenders from getting access to
children through legitimate mentoring programs.
{time} 1920
Notably, 6 percent of checks have come back showing serious criminal
records.
In a study of the pilot program, it was found that over 41 percent of
the individuals with criminal histories had committed an offense in a
State other than the State in which they were applying to be a
volunteer. In these cases,
[[Page H5797]]
a State-based search would not have provided a complete picture of the
person's criminal record.
Over 50 percent of the individuals found to have a criminal history
had falsely indicated on their application form that they did not have
a criminal history, even when the volunteers knew a background check
was going to be performed.
This is a noncontroversial fee-based program that has successfully
provided invaluable information to mentoring organizations at no cost
to taxpayers. It makes sense to now make the program permanent.
I want to thank my colleague from California (Mr. Schiff) for his
hard work on this bill, and I urge my colleagues to support it.
I reserve the balance of my time.
Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, children are our greatest resource in this country. As
citizens, as legislators, as parents and grandparents, it's our job to
keep them safe, to be vigilant about protecting these children from
those who wish to do them harm.
The Child Protection Improvements Act of 2010 goes a long way toward
ensuring that our children are not harmed by those that they are told
to trust. Specifically, this bill extends the Child Safety Pilot
Program which provides a background check for volunteer organizations
that work with children. The bill also creates a mechanism to replace
the pilot program with a permanent background check system that will
enroll any organization using the Child Safety Pilot Program.
Originally created in 2003 under the PROTECT Act, the Child Safety
Pilot Program has been a proven and effective resource for protecting
America's children. Of almost 90,000 background checks performed
through the pilot program, 6 percent of volunteer applicants were found
to have a criminal history of some concern. These included serious
offenses such as sexual abuse of minors, assault, child cruelty, drug
offenses, and even homicide.
Since inception of the Child Safety Pilot Program, over 42 percent of
those with criminal histories had convictions in a State other than the
State in which they were applying to volunteer. If the volunteer group
had performed a search of only State records, many relevant criminal
convictions would not have been identified. Access to the national
criminal database is crucial to ensuring thorough background checks.
During a study of over 1,600 applicants, even though volunteers knew
that they would be subjected to a background check, 50 percent or more
of them lied on their applications about having a criminal history and,
in fact, did have a record that contained criterion offenses. Of the
applicants with criminal records, 22 percent had a different name
reflected on their record than the one used when they had to volunteer.
Through the pilot program, nonprofit organizations that provide
youth-focused care may request criminal history background checks from
the FBI on applicants for volunteer or employee positions that entail
working with children. The bill builds on the pilot program and would
allow other child-serving organizations to better screen volunteers or
employees.
Volunteer and other child-serving organizations across the country
are working hard to provide safe learning and growing environments for
our children. That means hiring professional and responsible employees
without a criminal history. H.R. 1469 provides a permanent program that
will help these groups do just that.
H.R. 1469 is supported by the Boys and Girls Clubs of America; the
YMCA; the Salvation Army; Big Brothers, Big Sisters of America; and
Volunteers of America, as well as many other important organizations.
Many Members of this body are parents and grandparents first and
Members of Congress second, and this legislation is critical to keeping
America's children safe from predators and other criminals. If one less
child becomes a victim of crime because of this program, then we have
succeeded.
Mr. Speaker, with all the sophisticated information we have, if we
are able to find out the criminal history of individuals, this act will
allow us to do so.
I urge all my colleagues to join in supporting this important
legislation.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the gentleman from California (Mr. Schiff) a former
prosecutor and the sponsor of the legislation.
Mr. SCHIFF. I thank the gentleman for yielding, and I thank Chairman
Scott for his leadership on this issue.
Mr. Speaker, I rise in support of H.R. 1469, the Child Protection
Improvements Act. I first introduced this legislation in 2007 with my
colleague Mike Rogers of Michigan. The Child Protection Improvements
Act would ensure that any mentoring organization or child-serving
nonprofit will be able to obtain an affordable, fast, and accurate
background check of a potential volunteer.
About 25 years ago, I began as a volunteer with Big Brothers, Big
Sisters. Big Brothers paired me with an extraordinary young man named
David. I've always said that I've learned as much or more from David as
he ever learned from me. The experience also helped me understand the
huge amount of trust we put in volunteers at organizations all around
the country. In the vast majority of cases, the trust is well placed;
but, unfortunately, there are exceptions.
For that reason, in 2003, Congress created the Child Safety Pilot
Program to demonstrate the feasibility of allowing youth-serving
nonprofits to access FBI background checks. The FBI maintains a
database of criminal histories from every State in the Nation
searchable by fingerprint. An FBI search is the gold standard
background check, as it cannot be evaded by using a fake name and it
will find convictions from every State. I believe the gold standard is
what we should strive for when it comes to protecting children who are
put in potentially a vulnerable situation.
Since 2003, almost 90,000 background checks have been performed
through the pilot. In 94 percent of the cases, the background check
returns no serious criminal history. However, in 6 percent of the
cases, a record of some kind was found, in some cases an extensive
record which the applicant attempted to conceal. In 23 percent of those
cases, the applicant gave a name other than the one in their criminal
history. Applicants were found with convictions for everything from
murder to child abuse to sexual assault; and frequently those
convictions were from out of State so that only an FBI background check
would have found them.
We have demonstrated that background checks for nonprofits working
with children can be conducted quickly, affordably, and accurately.
Three times since 2003, Congress has acted to extend the pilot so that
thousands of community organizations all over the country don't lose
access to background checks for their volunteers. It's time to create a
permanent system, one that will protect children while ensuring the
civil rights and privacy of volunteers.
Again, I want to thank Chairman Conyers, one of the original
cosponsors; Chairman Scott, the chairman of the subcommittee; my
colleague, Mike Rogers; and all other Members who have contributed to
this effort and urge the Members to vote ``yes.''
Mr. POE of Texas. Mr. Speaker, I want to thank Chairman Scott and
Chairman Conyers and also the gentleman from California (Mr. Schiff)
for sponsoring this legislation and also want to thank Mr. Schiff for
not just this piece of legislation but other pieces of legislation in
his relentless effort as a Member of Congress to make sure that the
greatest resource in our country, children, are protected from child
predators.
With that, I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume just to, again, thank the gentleman from California for his
leadership on this issue.
I ask my colleagues to support the bill, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Scott) that the House suspend the rules
and pass the bill, H.R. 1469, as amended.
The question was taken.
[[Page H5798]]
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SCOTT of Virginia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________