Child Protection Improvements Act of 2013 - Amends the National Child Protection Act of 1993 to direct the Attorney General to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on covered individuals, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a covered individual.
Defines "covered entity" as any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children.
Defines "covered individual" as an individual who: (1) has, seeks to have, or may have unsupervised access to vulnerable populations (i.e., elderly, disabled, and children) served by a covered entity; (2) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; or (3) owns or operates, or seeks to own or operate, a covered entity.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3902 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 3902
To amend the National Child Protection Act of 1993 to establish a
permanent background check system.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2014
Mr. Schiff (for himself and Mr. Rogers of Michigan) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the National Child Protection Act of 1993 to establish a
permanent background check system.
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
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation maintains
fingerprints and criminal history records on more than
71,000,000 individuals.
(2) Congress has worked with the States to make 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.),
the Volunteers for Children Act (Public Law 105-251; 112 Stat.
1885), the Serve America Act (Public Law 111-13; 123 Stat.
1460), the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248; 120 Stat. 587), and statutes enacted by 48
states in compliance with Public Law 92-544. However, there may
still be persons providing care and services to children who
fall outside these numerous and broad categories of criminal
history background checks authorized by Federal and State law.
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.
``(a) Definitions.--In this section--
``(1) the term `background check designee' means the entity
designated by the Attorney General under subsection (b)(3) to
carry out the duties described in subsection (c);
``(2) the term `covered entity' means any business or
organization that provides, or licenses, certifies, or
coordinates individuals or organizations to provide, care, care
placement, supervision, treatment, education, training,
instruction, or recreation to children;
``(3) the term `covered individual' means an individual--
``(A) who has, seeks to have, or may have
unsupervised access to vulnerable populations served by
a covered entity; or
``(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;
``(4) the term `criminal history review designee' means the
entity designated by the Attorney General under subsection
(b)(2) to carry out the criminal history review program;
``(5) the term `criminal history review program' means the
program established under subsection (d);
``(6) the term `qualified State program' means a program of
a State authorized agency that provides access to national
criminal history background checks, as authorized by Federal or
State law;
``(7) 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
``(8) the term `vulnerable populations' shall include
elderly persons, disabled persons, and children.
``(b) Establishment of Program.--
``(1) Purpose.--The purpose of this subsection is to
facilitate widespread access to State and national criminal
history background checks, not otherwise authorized by Federal
or State law, on covered individuals.
``(2) In general.--Not later than 1 year after the date of
enactment of the Child Protection Improvements Act of 2013, the
Attorney General shall establish--
``(A) policies and procedures to carry out the
duties described in subsection (c); and
``(B) a criminal history review program in
accordance with subsection (d).
``(3) Designees.--The Attorney General may designate one or
more Federal Government agencies to carry out the duties
described in subsection (c).
``(c) Access to State and National Background Checks.--
``(1) Duties.--The Attorney General shall--
``(A) inform covered entities and covered
individuals about how to request State and national
background checks--
``(i) for covered entities and covered
individuals located in a State with a qualified
State program, by referring the covered entity
or covered individual to the State authorized
agency; or
``(ii) for covered entities and covered
individuals located in a State without a
qualified State program, by providing
information on alternative methods of obtaining
a State and national background check;
``(B) complete a check of the national criminal
history background check system; and
``(C) provide information received in response to
such national criminal history background check to the
criminal history review designee.
``(2) Required information.--A request for a State and
national criminal history background check shall include--
``(A) the fingerprints of the covered individual;
``(B) other documents required by State law for a
State criminal history background check; and
``(C) the appropriate fee.
``(3) Fees.--The Attorney General shall, in addition to the
fee for the noncriminal justice national criminal history
background check authorized under section 534 of title 28,
United States Code--
``(A) collect a fee to offset the costs of carrying
out the duties described in subsection (d), in an
amount equal to the cost of conducting the criminal
history review; and
``(B) remit such fee to the Federal Bureau of
Investigation.
``(d) Criminal History Review Program.--
``(1) Purpose.--The purpose of this subsection is to
provide covered entities with reliable and accurate information
regarding the fitness of the covered individuals to have
responsibility for the safety and well-being of vulnerable
populations in their care.
``(2) Requirements.--The Attorney General or designee
shall--
``(A) establish procedures to securely receive
criminal history records;
``(B) 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 vulnerable
populations;
``(C) convey to the covered entity that submitted
the request for a State and national criminal history
background check--
``(i) the fitness and suitability of the
covered individual based solely on the criteria
described in paragraph (3); and
``(ii) instructions and guidance that the
covered entity should consult the Equal
Employment Opportunity Commission Enforcement
Guidance #915.002, dated April 25, 2012,
`Consideration of Arrest and Conviction Records
in Employment Decisions under Title VII of the
Civil Rights Act of 1964', or any successor
thereto, issued by the United States Equal
Employment Opportunity Commission.
``(3) Criminal history review criteria.--In determining
whether 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 vulnerable
populations, the Attorney General or designee shall employ the
criteria used to evaluate individuals under other Federal laws,
such as the Volunteers for Children Act (Public Law 105-251;
112 Stat. 1885), the Serve America Act (Public Law 111-13; 123
Stat. 1460), and the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248; 120 Stat. 587).
``(4) Application processing.--
``(A) In general.--The Attorney General shall
establish the process by which a covered entity or a
covered individual in a State without a qualified State
program may obtain a State and national criminal
history background check.
``(B) Challenge to completeness of record.--A
covered individual may challenge the completeness of
any information in the criminal history record of the
individual by contacting the Federal Bureau of
Investigation under the procedure set out in section
16.34 of title 28, Code of Federal Regulations, or any
successor thereto.
``(5) Participation in program.--The Attorney General or
designee shall determine whether an entity is a covered entity.
``(6) Privacy of information.--
``(A) In general.--Any entity authorized to receive
or transmit fingerprints or criminal history records
under this section--
``(i) shall use the fingerprints, criminal
history records, or information in the criminal
history records only for the purposes
specifically set forth in this section; and
``(ii) shall maintain adequate security
measures to ensure the confidentiality of the
fingerprints, the criminal history records, and
the information in the criminal history
records.
``(B) Retention of fingerprints by the fbi.--In
accordance with State or Federal procedures, for the
purpose of providing fingerprint verification, criminal
investigation or subsequent hit notification services,
or for the retention of criminal history, the Federal
Bureau of Investigation may retain any fingerprints
submitted to the Federal Bureau of Investigation under
this section.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to change or replace any background check
program authorized by Federal or State law on the day before
the date of enactment of the Child Protection Improvements Act
of 2013.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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