Authorizes States to have procedures for background checks for persons under pending arrest or indictment for a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities (current law limits checks to persons convicted of a crime). Requires the Attorney General to respond to the inquiry of the State authorized agency within 15 business days.
Authorizes the Attorney General and authorized State agencies to disseminate criminal history background check record information to a qualified entity. Sets fees collected by the Federal Bureau of Investigation for background checks.
Directs the Attorney General to establish: (1) an Office for Volunteer and Provider Screening; and (2) a model program in each State and the District of Columbia to improve fingerprinting technology.
Prohibits adjusting, deleting, or altering information derived from a national criminal fingerprint background check request except as required by law for national security purposes.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5556 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5556
To amend the National Child Protection Act of 1993, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 2002
Mr. Foley (for himself, Mr. Lampson, Mr. Calvert, and Mr. Cramer)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the National Child Protection Act of 1993, and for other
purposes.
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 ``National Child Protection and
Volunteers for Children Improvement Act of 2002''.
SEC. 2. DEFINITIONS.
Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) by inserting after paragraph (10) the following:
``(10A) the term `qualified State program' means the
policies and procedures referred to in section 3(a)(1) of a
State that are in place in order to implement this Act,
including policies and procedures that require--
``(A) requests for national criminal history
background checks to be routinely returned to a
qualified entity not later than 20 business days after
the date on which the request was made;
``(B) authorized agencies to charge not more than
$18 for State background checks;
``(C) the designation of the authorized agencies
that may receive national criminal history background
check requests from qualified entities; and
``(D) the designation of the qualified entities
that shall submit background check requests to an
authorized agency;
``(10B) the term `routinely' means--
``(A) instances where 85 percent or more of
nationwide background check requests are returned to
qualified entities within 20 business days; or
``(B) instances where 90 percent or more of
nationwide background check requests are returned to
qualified entities within 30 business days; and''.
SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT
AND THE VOLUNTEERS FOR CHILDREN ACT.
Section 3 of the National Child Protection Act of 1993 (42 U.S.C.
5119a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``A State may'' and
inserting the following: ``Request.--A State
may'';
(ii) by inserting after ``procedures'' the
following: ``meeting the guidelines set forth
in subsection (b)'';
(iii) by inserting after ``regulation)''
the following: ``or a qualified State
program''; and
(iv) by striking ``convicted of'' and all
that follows through the period and inserting
``convicted of, or is under pending arrest or
indictment for, a crime that renders the
provider unfit to provide care to children, the
elderly, or individuals with disabilities.'';
(B) in paragraph (2)--
(i) by striking ``The authorized agency''
and inserting the following: ``Response.--The
authorized agency'';
(ii) by striking ``make reasonable efforts
to'';
(iii) by striking ``15'' and inserting
``20''; and
(iv) by adding at the end the following:
``The Attorney General shall respond to the
inquiry of the State authorized agency within
15 business days of the request. A State is not
in violation of this section if the Attorney
General fails to respond to the inquiry within
15 business days of the request.''; and
(C) by striking paragraph (3), and inserting the
following:
``(3) Absence of qualified state program.--
``(A) Request.--Not later than 12 months after the
date of enactment of the National Child Protection and
Volunteers for Children Improvement Act of 2002, a
qualified entity doing business in a State that does
not have a qualified State program may request a
national criminal background check from the Attorney
General for the purpose of determining whether a
provider has been convicted of, or is under pending
arrest or indictment for, a crime that renders the
provider unfit to provide care to children, the
elderly, or individuals with disabilities.
``(B) Review and response.--The Attorney General
shall respond to the request of a qualified entity made
under subparagraph (A) not later than 20 business days
after the request is made.''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``shall make''
and inserting ``may make''; and
(B) in paragraph (5)--
(i) by inserting after ``qualified entity''
the following: ``or by a State authorized
agency that disseminates criminal history
records information directly to qualified
entities''; and
(ii) by striking ``pursuant to subsection
(a)(3)''.
SEC. 4. DISSEMINATION OF INFORMATION.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended by adding at the end the following:
``SEC. 6. DISSEMINATION OF INFORMATION.
``Notwithstanding any other provision of law, the Attorney General
and authorized agencies of States may disseminate criminal history
background check record information to a qualified entity.
``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING.
``(a) In General.--The Attorney General shall establish an Office
for Volunteer and Provider Screening (referred to in this Act as the
`Office') which shall serve as a point of contact for qualified
entities to request a national criminal background check pursuant to
section 3(a)(3).
``(b) Model Guidelines.--The Office shall provide model guidelines
concerning standards to guide qualified entities in making fitness
determinations regarding care providers based upon the criminal history
record information of those providers.''.
SEC. 5. FEES.
Section 3(e) of the National Child Protection Act of 1993 (42
U.S.C. 5119a(e)) is amended--
(1) by striking ``In the case'' and inserting the
following:
``(1) In general.--In the case''; and
(2) by adding at the end the following:
``(2) Volunteer with qualified entity.--In the case of a
national criminal fingerprint background check conducted
pursuant to section 3(a)(3) on a person who volunteers with a
qualified entity, the fee collected by the Federal Bureau of
Investigation shall not exceed $5.
``(3) Provider.--In the case of a national criminal
fingerprint background check on a provider who is employed by
or applies for a position with a qualified entity, the fee
collected by the Federal Bureau of Investigation shall not
exceed $18.''.
SEC. 6. STRENGTHENING STATE FINGERPRINT TECHNOLOGY.
(a) Establishment of Model Program in Each State To Strengthen
Criminal Data Repositories and Fingerprint Technology.--The Attorney
General shall establish a model program in each State and the District
of Columbia for the purpose of improving fingerprinting technology
which shall grant to each State funds to either--
(1) purchase Live-Scan fingerprint technology and a State-
vehicle to make such technology mobile and these mobile units
shall be used to travel within the State to assist in the
processing of fingerprint background checks; or
(2) purchase electric fingerprint imaging machines for use
throughout the State to send fingerprint images to the Attorney
General to conduct background checks.
(b) Additional Funds.--In addition to funds provided in subsection
(a), funds shall be provided to each State and the District of Columbia
to hire personnel to provide information and training to each county
law enforcement agency within the State regarding all requirements for
input of criminal and disposition data into the national criminal
history background check system under the National Child Protection Act
of 1993 (42 U.S.C. 5119 et seq.).
(c) Funding Eligibility.--States with a qualified State program
shall be eligible for not more than $2,000,000 under this section.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section sums sufficient to improve fingerprint
technology units and hire data entry improvement personnel in
each of the 50 States and the District of Columbia for each of
fiscal years 2004 through 2008.
(2) Availability.--Sums appropriated in accordance with
this section shall remain available until expended.
SEC. 7. PRIVACY PROTECTIONS.
(a) Information.--Information derived as a result of a national
criminal fingerprint background check request under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a) shall not be
adjusted, deleted, or altered in any way except as required by law for
national security purposes.
(b) Designated Representative.--
(1) In general.--Each qualified entity (as defined in
section 5 of the National Child Protection Act of 1993 (42
U.S.C. 5119c)) shall assign a representative in their
respective organization to receive and process information
requested under section 3 of the National Child Protection Act
of 1993 (42 U.S.C. 5119a).
(2) Deletion of information.--Each representative assigned
under paragraph (1) shall review the requested information and
delete all information that is not needed by the requesting
entity in making an employment decision.
(c) Criminal Penalties.--Any person who knowingly releases
information derived as a result of a national criminal fingerprint
background check to any person other than the hiring authority or
organizational leadership with the qualified entity shall be--
(1) fined $50,000 for each violation; or
(2) imprisoned not more than 1 year.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act--
(1) $100,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of fiscal years
2005 through 2008.
(b) Availability of Funds.--Sums appropriated in accordance with
this section shall remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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