[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[House]
[Pages 13459-13464]
[From the U.S. 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.
  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--

[[Page 13460]]

       ``(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.
       ``(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;

[[Page 13461]]

       ``(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 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

[[Page 13462]]

     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--
       ``(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

[[Page 13463]]

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, 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

[[Page 13464]]

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.
  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.

                          ____________________