[Congressional Record Volume 163, Number 166 (Monday, October 16, 2017)]
[Senate]
[Pages S6407-S6408]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
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