[Congressional Record Volume 163, Number 166 (Monday, October 16, 2017)]
[Senate]
[Pages S6406-S6409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1111. Mr. KAINE submitted an amendment intended to be proposed by 
him to the concurrent resolution S. Con. Res. 25, setting forth the 
congressional budget for the United States Government for fiscal year 
2018 and setting forth the appropriate budgetary levels for fiscal 
years 2019 through 2027; which was ordered to lie on the table; as 
follows:

       On page 83, line 17, strike ``Sections 3205 and'' and 
     insert ``Section''.
       On page 83, line 19, strike ``are'' and insert ``is''.
       At the end of subtitle A of title IV, add the following:

     SEC. 4114. PROHIBITION ON AGREEING TO CERTAIN AMENDMENTS TO 
                   LEGISLATION WITHOUT A SCORE IN THE SENATE.

       (a) In General.--In the Senate, it shall not be in order to 
     vote on the adoption of a covered amendment to a bill or 
     resolution that requires an estimate under section 402 of the

[[Page S6407]]

     Congressional Budget Act of 1974 (2 U.S.C. 653), unless an 
     estimate described in such section 402 for the covered 
     amendment was made publicly available on the website of the 
     Congressional Budget Office not later than 28 hours before 
     the time the vote commences.
       (b) Covered Amendment Defined.--In this section, the term 
     ``covered amendment'' means an amendment in the nature of a 
     substitute.
       (c) Supermajority Waiver and Appeal.--
       (1) Waiver.--In the Senate, subsection (a) may be waived or 
     suspended only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (2) Appeal.--An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required to sustain an appeal of the ruling of the Chair on a 
     point of order raised under subsection (a).
                                 ______
                                 
  SA 1112. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill S. 705, to amend the National Child Protection Act of 1993 to 
establish a voluntary national criminal history background check system 
and criminal history review program for certain individuals who, 
related to their employment, have access to children, the elderly, or 
individuals with disabilities, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Protection 
     Improvements Act of 2017''.

     SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND 
                   CRIMINAL HISTORY REVIEW PROGRAM.

       The National Child Protection Act of 1993 (34 U.S.C. 40101 
     et seq.) is amended--
       (1) in section 3 (34 U.S.C. 40102)--
       (A) by striking ``provider'' each place it appears and 
     inserting ``covered individual'';
       (B) by striking ``provider's'' each place it appears and 
     inserting ``covered individual's'';
       (C) by amending subsection (a)(3) to read as follows:
       ``(3)(A) The Attorney General shall establish a program, in 
     accordance with this section, to provide qualified entities 
     located in States that do not have in effect procedures 
     described in paragraph (1), or qualified entities located in 
     States that do not prohibit the use of the program 
     established under this paragraph, with access to national 
     criminal history background checks on, and criminal history 
     reviews of, covered individuals.
       ``(B) A qualified entity described in subparagraph (A) may 
     submit to the appropriate designated entity a request for a 
     national criminal history background check on, and a criminal 
     history review of, a covered individual. Qualified entities 
     making a request under this paragraph shall comply with the 
     guidelines set forth in subsection (b), and with any 
     additional applicable procedures set forth by the Attorney 
     General or by the State in which the entity is located.'';
       (D) in subsection (b)--
       (i) in paragraph (1)(E), by striking ``unsupervised'';
       (ii) by striking paragraph (2) and inserting the following:
       ``(2)(A) that the State, or in a State that does not have 
     in effect procedures described in subsection (a)(1), the 
     designated entity, ensures that--
       ``(i) each covered individual who is the subject of a 
     background check under subsection (a) is entitled to obtain a 
     copy of any background check report;
       ``(ii) each covered individual who is the subject of a 
     background check under subsection (a) is provided a process 
     by which the covered individual may appeal the results of the 
     background check to challenge the accuracy or completeness of 
     the information contained in the background report of the 
     covered individual; and
       ``(iii)(I) each covered individual described in clause (ii) 
     is given notice of the opportunity to appeal;
       ``(II) each covered individual described in clause (ii) 
     will receive instructions on how to complete the appeals 
     process if the covered individual wishes to challenge the 
     accuracy or completeness of the information contained in the 
     background report of the covered individual; and
       ``(III) the appeals process is completed in a timely manner 
     for each covered individual described in clause (ii); and
       ``(B) the State, or in a State that does not have in effect 
     procedures described in subsection (a)(1), the designated 
     entity, may allow for a review process--
       ``(i) through which the State or designated entity, as the 
     case may be, may determine that a covered individual who is 
     the subject of a background check under subsection (a) is 
     disqualified for a crime specified in subsection (f)(2)(C); 
     and
       ``(ii) which shall be consistent with title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);'';
       (iii) in paragraph (3), by inserting after ``authorized 
     agency'' the following: ``or designated entity, as 
     applicable,''; and
       (iv) in paragraph (4), by inserting after ``authorized 
     agency'' the following: ``or designated entity, as 
     applicable,'';
       (E) in subsection (d), by inserting after ``officer or 
     employee thereof,'' the following: ``, nor shall any 
     designated entity nor any officer or employee thereof,'';
       (F) by amending subsection (e) to read as follows:
       ``(e) Fees.--
       ``(1) State program.--In the case of a background check 
     conducted pursuant to a State requirement adopted after 
     December 20, 1993, conducted with fingerprints on a covered 
     individual, the fees collected by authorized State agencies 
     and the Federal Bureau of Investigation may not exceed the 
     actual cost of the background check conducted with 
     fingerprints.
       ``(2) Federal program.--In the case of a national criminal 
     history background check and criminal history review 
     conducted pursuant to the procedures established pursuant to 
     subsection (a)(3), the fees collected by a designated entity 
     shall be set at a level that will ensure the recovery of the 
     full costs of providing all such services. The designated 
     entity shall remit the appropriate portion of such fee to the 
     Attorney General, which amount is in accordance with the 
     amount published in the Federal Register to be collected for 
     the provision of a criminal history background check by the 
     Federal Bureau of Investigation.
       ``(3) Ensuring fees do not discourage volunteers.--A fee 
     system under this subsection shall be established in a manner 
     that ensures that fees to qualified entities for background 
     checks do not discourage volunteers from participating in 
     programs to care for children, the elderly, or individuals 
     with disabilities. A fee charged to a qualified entity that 
     is not organized under section 501(c)(3) of the Internal 
     Revenue Code of 1986 may not be less than the total sum of 
     the costs of the Federal Bureau of Investigation and the 
     designated entity.''; and
       (G) by inserting after subsection (e) the following:
       ``(f) National Criminal History Background Check and 
     Criminal History Review Program.--
       ``(1) National criminal history background check.--Upon a 
     designated entity receiving notice of a request submitted by 
     a qualified entity pursuant to subsection (a)(3), the 
     designated entity shall forward the request to the Attorney 
     General, who shall, acting through the Director of the 
     Federal Bureau of Investigation, complete a fingerprint-based 
     check of the national criminal history background check 
     system, and provide the information received in response to 
     such national criminal history background check to the 
     appropriate designated entity. The designated entity may, 
     upon request from a qualified entity, complete a check of a 
     State criminal history database.
       ``(2) Criminal history review.--
       ``(A) Designated entities.--The Attorney General shall 
     designate, and enter into an agreement with, one or more 
     entities to make determinations described in paragraph (2). 
     The Attorney General may not designate and enter into an 
     agreement with a Federal agency under this subparagraph.
       ``(B) Determinations.--A designated entity shall, upon the 
     receipt of the information described in paragraph (1), make a 
     determination of fitness described in subsection (b)(4), 
     using the criteria described in subparagraph (C).
       ``(C) Criminal history review criteria.--A covered 
     individual may be determined to be unfit under subsection 
     (b)(4) if the covered individual--
       ``(i) refuses to consent to a criminal background check 
     under this section;
       ``(ii) knowingly makes a materially false statement in 
     connection with a criminal background check under this 
     section;
       ``(iii) is registered, or is required to be registered, on 
     a State sex offender registry or repository or the National 
     Sex Offender Registry established under the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20901 et seq.);
       ``(iv) has been convicted of a felony consisting of--

       ``(I) murder, as described in section 1111 of title 18, 
     United States Code;
       ``(II) child abuse or neglect;
       ``(III) a crime against children, including child 
     pornography;
       ``(IV) spousal abuse;
       ``(V) a crime involving rape or sexual assault;
       ``(VI) kidnapping;
       ``(VII) arson;
       ``(VIII) physical assault or battery; or
       ``(IX) a drug-related offense committed during the 
     preceding 5 years;

       ``(v) has been convicted of a violent misdemeanor committed 
     as an adult against a child, including--

       ``(I) child abuse;
       ``(II) child endangerment;
       ``(III) sexual assault; or
       ``(IV) of a misdemeanor involving child pornography; or

       ``(vi) in the case of a covered individual who has, seeks 
     to have, or may have access to the elderly or individuals 
     with disabilities, has been convicted of any criminal offense 
     relating to the abuse, exploitation, or neglect (as those 
     terms are defined in section 2011 of the Social Security Act 
     (42 U.S.C. 1397j)) of an elder or an individual with 
     disabilities.''; and
       (2) in section 5 (34 U.S.C. 40104)--
       (A) by amending paragraph (9) to read as follows:
       ``(9) the term `covered individual' means an individual--
       ``(A) who has, seeks to have, or may have access to 
     children, the elderly, or individuals with disabilities, 
     served by a qualified entity; and
       ``(B) who--

[[Page S6408]]

       ``(i) is employed by or volunteers with, or seeks to be 
     employed by or volunteer with, a qualified entity; or
       ``(ii) owns or operates, or seeks to own or operate, a 
     qualified entity;'';
       (B) in paragraph (10), by striking ``and'' at the end;
       (C) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (D) by inserting after paragraph (11) the following:
       ``(12) the term `designated entity' means an entity 
     designated by the Attorney General under section 
     3(f)(2)(A).''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall be fully 
     implemented by not later than 1 year after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1113. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill S. 705, to amend the National Child Protection Act of 1993 to 
establish a voluntary national criminal history background check system 
and criminal history review program for certain individuals who, 
related to their employment, have access to children, the elderly, or 
individuals with disabilities, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to amend the 
     National Child Protection Act of 1993 to establish a 
     voluntary national criminal history background check system 
     and criminal history review program for certain individuals 
     who, related to their employment, have access to children, 
     the elderly, or individuals with disabilities, and for other 
     purposes.''.
                                 ______
                                 
  SA 1114. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill H.R. 695, to amend the National Child Protection Act of 1993 to 
establish a voluntary national criminal history background check system 
and criminal history review program for certain individuals who, 
related to their employment, have access to children, the elderly, or 
individuals with disabilities, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Protection 
     Improvements Act of 2017''.

     SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND 
                   CRIMINAL HISTORY REVIEW PROGRAM.

       The National Child Protection Act of 1993 (34 U.S.C. 40101 
     et seq.) is amended--
       (1) in section 3 (34 U.S.C. 40102)--
       (A) by striking ``provider'' each place it appears and 
     inserting ``covered individual'';
       (B) by striking ``provider's'' each place it appears and 
     inserting ``covered individual's'';
       (C) by amending subsection (a)(3) to read as follows:
       ``(3)(A) The Attorney General shall establish a program, in 
     accordance with this section, to provide qualified entities 
     located in States that do not have in effect procedures 
     described in paragraph (1), or qualified entities located in 
     States that do not prohibit the use of the program 
     established under this paragraph, with access to national 
     criminal history background checks on, and criminal history 
     reviews of, covered individuals.
       ``(B) A qualified entity described in subparagraph (A) may 
     submit to the appropriate designated entity a request for a 
     national criminal history background check on, and a criminal 
     history review of, a covered individual. Qualified entities 
     making a request under this paragraph shall comply with the 
     guidelines set forth in subsection (b), and with any 
     additional applicable procedures set forth by the Attorney 
     General or by the State in which the entity is located.'';
       (D) in subsection (b)--
       (i) in paragraph (1)(E), by striking ``unsupervised'';
       (ii) by striking paragraph (2) and inserting the following:
       ``(2)(A) that the State, or in a State that does not have 
     in effect procedures described in subsection (a)(1), the 
     designated entity, ensures that--
       ``(i) each covered individual who is the subject of a 
     background check under subsection (a) is entitled to obtain a 
     copy of any background check report;
       ``(ii) each covered individual who is the subject of a 
     background check under subsection (a) is provided a process 
     by which the covered individual may appeal the results of the 
     background check to challenge the accuracy or completeness of 
     the information contained in the background report of the 
     covered individual; and
       ``(iii)(I) each covered individual described in clause (ii) 
     is given notice of the opportunity to appeal;
       ``(II) each covered individual described in clause (ii) 
     will receive instructions on how to complete the appeals 
     process if the covered individual wishes to challenge the 
     accuracy or completeness of the information contained in the 
     background report of the covered individual; and
       ``(III) the appeals process is completed in a timely manner 
     for each covered individual described in clause (ii); and
       ``(B) the State, or in a State that does not have in effect 
     procedures described in subsection (a)(1), the designated 
     entity, may allow for a review process--
       ``(i) through which the State or designated entity, as the 
     case may be, may determine that a covered individual who is 
     the subject of a background check under subsection (a) is 
     disqualified for a crime specified in subsection (f)(2)(C); 
     and
       ``(ii) which shall be consistent with title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);'';
       (iii) in paragraph (3), by inserting after ``authorized 
     agency'' the following: ``or designated entity, as 
     applicable,''; and
       (iv) in paragraph (4), by inserting after ``authorized 
     agency'' the following: ``or designated entity, as 
     applicable,'';
       (E) in subsection (d), by inserting after ``officer or 
     employee thereof,'' the following: ``, nor shall any 
     designated entity nor any officer or employee thereof,'';
       (F) by amending subsection (e) to read as follows:
       ``(e) Fees.--
       ``(1) State program.--In the case of a background check 
     conducted pursuant to a State requirement adopted after 
     December 20, 1993, conducted with fingerprints on a covered 
     individual, the fees collected by authorized State agencies 
     and the Federal Bureau of Investigation may not exceed the 
     actual cost of the background check conducted with 
     fingerprints.
       ``(2) Federal program.--In the case of a national criminal 
     history background check and criminal history review 
     conducted pursuant to the procedures established pursuant to 
     subsection (a)(3), the fees collected by a designated entity 
     shall be set at a level that will ensure the recovery of the 
     full costs of providing all such services. The designated 
     entity shall remit the appropriate portion of such fee to the 
     Attorney General, which amount is in accordance with the 
     amount published in the Federal Register to be collected for 
     the provision of a criminal history background check by the 
     Federal Bureau of Investigation.
       ``(3) Ensuring fees do not discourage volunteers.--A fee 
     system under this subsection shall be established in a manner 
     that ensures that fees to qualified entities for background 
     checks do not discourage volunteers from participating in 
     programs to care for children, the elderly, or individuals 
     with disabilities. A fee charged to a qualified entity that 
     is not organized under section 501(c)(3) of the Internal 
     Revenue Code of 1986 may not be less than the total sum of 
     the costs of the Federal Bureau of Investigation and the 
     designated entity.''; and
       (G) by inserting after subsection (e) the following:
       ``(f) National Criminal History Background Check and 
     Criminal History Review Program.--
       ``(1) National criminal history background check.--Upon a 
     designated entity receiving notice of a request submitted by 
     a qualified entity pursuant to subsection (a)(3), the 
     designated entity shall forward the request to the Attorney 
     General, who shall, acting through the Director of the 
     Federal Bureau of Investigation, complete a fingerprint-based 
     check of the national criminal history background check 
     system, and provide the information received in response to 
     such national criminal history background check to the 
     appropriate designated entity. The designated entity may, 
     upon request from a qualified entity, complete a check of a 
     State criminal history database.
       ``(2) Criminal history review.--
       ``(A) Designated entities.--The Attorney General shall 
     designate, and enter into an agreement with, one or more 
     entities to make determinations described in paragraph (2). 
     The Attorney General may not designate and enter into an 
     agreement with a Federal agency under this subparagraph.
       ``(B) Determinations.--A designated entity shall, upon the 
     receipt of the information described in paragraph (1), make a 
     determination of fitness described in subsection (b)(4), 
     using the criteria described in subparagraph (C).
       ``(C) Criminal history review criteria.--A covered 
     individual may be determined to be unfit under subsection 
     (b)(4) if the covered individual--
       ``(i) refuses to consent to a criminal background check 
     under this section;
       ``(ii) knowingly makes a materially false statement in 
     connection with a criminal background check under this 
     section;
       ``(iii) is registered, or is required to be registered, on 
     a State sex offender registry or repository or the National 
     Sex Offender Registry established under the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20901 et seq.);
       ``(iv) has been convicted of a felony consisting of--

       ``(I) murder, as described in section 1111 of title 18, 
     United States Code;
       ``(II) child abuse or neglect;
       ``(III) a crime against children, including child 
     pornography;
       ``(IV) spousal abuse;
       ``(V) a crime involving rape or sexual assault;
       ``(VI) kidnapping;
       ``(VII) arson;
       ``(VIII) physical assault or battery; or
       ``(IX) a drug-related offense committed during the 
     preceding 5 years;

       ``(v) has been convicted of a violent misdemeanor committed 
     as an adult against a child, including--

       ``(I) child abuse;
       ``(II) child endangerment;
       ``(III) sexual assault; or

[[Page S6409]]

       ``(IV) of a misdemeanor involving child pornography; or

       ``(vi) in the case of a covered individual who has, seeks 
     to have, or may have access to the elderly or individuals 
     with disabilities, has been convicted of any criminal offense 
     relating to the abuse, exploitation, or neglect (as those 
     terms are defined in section 2011 of the Social Security Act 
     (42 U.S.C. 1397j)) of an elder or an individual with 
     disabilities.''; and
       (2) in section 5 (34 U.S.C. 40104)--
       (A) by amending paragraph (9) to read as follows:
       ``(9) the term `covered individual' means an individual--
       ``(A) who has, seeks to have, or may have access to 
     children, the elderly, or individuals with disabilities, 
     served by a qualified entity; and
       ``(B) who--
       ``(i) is employed by or volunteers with, or seeks to be 
     employed by or volunteer with, a qualified entity; or
       ``(ii) owns or operates, or seeks to own or operate, a 
     qualified entity;'';
       (B) in paragraph (10), by striking ``and'' at the end;
       (C) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (D) by inserting after paragraph (11) the following:
       ``(12) the term `designated entity' means an entity 
     designated by the Attorney General under section 
     3(f)(2)(A).''.

     SEC. 3. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall be fully 
     implemented by not later than 1 year after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1115. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill H.R. 695, to amend the National Child Protection Act of 1993 to 
establish a voluntary national criminal history background check system 
and criminal history review program for certain individuals who, 
related to their employment, have access to children, the elderly, or 
individuals with disabilities, and for other purposes; as follows:

       Amend the title so as to read: ``A bill to amend the 
     National Child Protection Act of 1993 to establish a 
     voluntary national criminal history background check system 
     and criminal history review program for certain individuals 
     who, related to their employment, have access to children, 
     the elderly, or individuals with disabilities, and for other 
     purposes.''.

                          ____________________