[Congressional Record Volume 163, Number 166 (Monday, October 16, 2017)]
[Senate]
[Pages S6409-S6410]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CHILD PROTECTION IMPROVEMENTS ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 218, S. 705.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 705) to amend the National Child Protection Act 
     of 1993 to establish a 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee

[[Page S6410]]

on the Judiciary, with amendments, as follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                 S. 705

       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 2017''.

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

       The National Child Protection Act of 1993 (42 U.S.C. 5119 
     et seq.) is amended--
       (1) in section 3 (42 U.S.C. 5119a)--
       (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) in paragraph (2)--

       (I) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (II) in the matter preceding clause (i), as so 
     redesignated, by striking ``that each covered individual who 
     is the subject of a background check'' and inserting ``(A) 
     that each covered individual who is the subject of a 
     background check conducted pursuant to the procedures 
     established pursuant to subsection (a)(1)''; and
       (III) by adding at the end the following:

       ``(B) that each covered individual who is the subject of a 
     national criminal history background check and criminal 
     history review conducted pursuant to the procedures 
     established pursuant to subsection (a)(3) is entitled to 
     challenge the accuracy and completeness of any information in 
     the criminal history record of the individual by contacting 
     the Federal Bureau of Investigation under the procedure set 
     forth in section 16.34 of title 28, Code of Federal 
     Regulations, or any successor thereto.'';
       (iii) in paragraph (3), insert after ``authorized agency'' 
     the following: ``or designated entity, as applicable,''; and
       (iv) in paragraph (4), insert after ``authorized agency'' 
     the following: ``or designated entity, as applicable,'';
       (E) in subsection (d), insert 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 
     eighteen dollars, respectively, or the actual cost, whichever 
     is less, of the background check conducted with] 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.--The Attorney 
     General shall, by rule, establish the criteria for use by 
     designated entities in making a determination of fitness 
     described in subsection (b)(4). Such criteria shall be based 
     on the criteria established pursuant to section 
     108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools 
     to end the Exploitation of Children Today Act of 2003 (42 
     U.S.C. 5119a note).''; and
       (2) in section 5 (42 U.S.C. 5119c)--
       (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.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be withdrawn, the Hatch substitute 
amendment be considered and agreed to, the bill, as amended, be 
considered read a third time and passed, the title amendment be agreed 
to, and the motions to reconsider be considered made and laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were withdrawn.
  The amendment (No. 1112) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 705), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The amendment (No. 1113) was agreed to, as follows:

                     (Purpose: To amend the title)

       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.''.

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