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[House Report 115-138]
[From the U.S. Government Publishing Office]

115th Congress   }                                      {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {       115-138

======================================================================

 
               CHILD PROTECTION IMPROVEMENTS ACT OF 2017

                                _______
                                

  May 22, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 695]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 695) 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, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     4
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Performance Goals and Objectives.................................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                             The Amendment

    The amendment is 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 (42 U.S.C. 5119 et seq.) is 
amended--
          (1) in section 3--
                  (A) 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 which do not have in effect procedures described in paragraph 
(1), or qualified entities located in States which 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.'';
                  (B) in subsection (b)--
                          (i) in paragraph (1)(E), by striking 
                        ``unsupervised'';
                          (ii) in paragraph (2)--
                                  (I) by redesignating subparagraph (A) 
                                as clause (i);
                                  (II) in subparagraph (B)--
                                          (aa) by adding ``and'' at the 
                                        end; and
                                          (bb) by redesignating such 
                                        subparagraph as clause (ii);
                                  (III) by striking ``that each 
                                provider 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
                                  (IV) 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), 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,'';
                  (C) in subsection (d), by inserting after ``officer 
                or employee thereof,'' the following: ``nor shall any 
                designated entity nor any officer or employee 
                thereof,'';
                  (D) 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 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.'';
                  (E) 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
                  (F) by striking--
                          (i) ``provider'' each place it appears, and 
                        inserting ``covered individual''; and
                          (ii) ``provider's'' each place it appears, 
                        and inserting ``covered individual's''; and
          (2) in section 5--
                  (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.

                          Purpose and Summary

    H.R. 695 amends the National Child Protection Act of 
1993\1\ 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. It 
allows youth-serving organizations to submit fingerprints of 
potential staff and volunteers to a designated entity, which, 
in turn, submits those fingerprints to the Federal Bureau of 
Investigation (``FBI'') to check against the FBI fingerprint 
database. The FBI then generates a criminal history report on 
the potential staff member or volunteer to the designated 
entity. Based on that criminal history report, the designated 
entity then makes a fitness determination about the individual, 
which it provides to the requesting organization. Individuals 
who have a background check run on them pursuant to this Act 
may challenge the accuracy or completeness of their records.
---------------------------------------------------------------------------
    \1\Pub L. No. 103-209, 107 Stat. 2490 (1993).
---------------------------------------------------------------------------

                Background and Need for the Legislation

    The PROTECT Act of 2003\2\ created a pilot program whereby 
selected youth-serving organizations would have access to 
timely, inexpensive FBI background checks on potential 
volunteers. This Child Safety Pilot ran from 2003 until 2011. 
It provided access to FBI fingerprint background checks for a 
variety of child-serving non-profits. The pilot conducted over 
105,000 background checks and 6.2% of potential volunteers 
(more than 6,500 individuals) were found to have criminal 
records of concern. In addition, more than 40% of individuals 
with criminal records of concern had crimes in states other 
than where they were applying to volunteer, meaning that only a 
nationwide check would have flagged these individuals' criminal 
records. The criminal offenses committed by some of these 
applicants included convictions for criminal sexual conduct 
with a child, child endangerment, and manslaughter. 
Additionally, 26% of these individuals showed a different name 
on their record than the one they used on their job 
application.
---------------------------------------------------------------------------
    \2\Pub. L. No. 108-21, 117 Stat. 650 (2003).
---------------------------------------------------------------------------
    The Child Protection Improvements Act (``CPIA),'' 
introduced as H.R. 695 on January 24, 2017, makes the pilot 
program permanent and expands the program to include not only 
volunteers, but also staff in youth-serving programs. It closes 
a gaping hole in the federal law that prevents camps, 
children's groups, mentoring organizations, after-school 
programs and other organizations that work with children or 
vulnerable adults from gaining access to federal criminal 
background checks on employees and volunteers. The bill also 
seeks to improve the accessibility of the FBI criminal database 
and creates a system through which youth organizations could 
run FBI and state checks at the same time. Importantly, the 
bill does not mandate that youth-serving organizations use this 
process, it merely makes this process more accessible and more 
affordable if certain organizations wish to use this method. 
The program thus acts as a supplement for organizations that 
want to access the FBI database in addition to other public or 
private databases while fingerprint-based background checks are 
a useful tool when conducting background screening, they may 
not always provide a comprehensive history. The bill also 
protects privacy rights by ensuring that the specifics of a 
criminal record are never disclosed without explicit consent by 
the applicant and provides opportunity for individuals to 
correct errors in their records directly with the FBI. The bill 
does not require any new spending: the program will be 
supported by the fees assessed for background checks by the 
requesting nonprofit organizations.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
695, but held a hearing on the subject of child exploitation 
generally on March 16, 2017.

                        Committee Consideration

    On March 22, 2017, the Committee met in open session and 
ordered the bill H.R. 695 favorably reported, with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 695.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 695, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 6, 2017.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 695, the Child 
Protection Improvements Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                                        Keith Hall.
Enclosure
        cc: Honorable John Conyers Jr.,
    Ranking Member

          H.R. 695--Child Protection Improvements Act of 2017

 As ordered reported by the House Committee on the Judiciary on March 
                                22, 2017

    Under current law, organizations in certain states that 
provide services to youth, the elderly, and the disabled have 
limited access to information from national criminal background 
checks. (Those organizations typically review the backgrounds 
of prospective coaches, employees, and volunteers.) H.R. 695 
would require the Department of Justice (DOJ) to establish a 
program to allow such organizations to obtain information from 
criminal background checks in the Federal Bureau of 
Investigation (FBI) fingerprint database.
    Based on an analysis of information from DOJ, CBO estimates 
that implementing the new program would cost less than $500,000 
annually; any such spending would be subject to the 
availability of appropriated funds. In addition, the bill would 
result in more background checks carried out by the FBI. The 
FBI collects fees to cover its costs for those checks; the fees 
are classified as offsetting collections and are credited to 
the agency's salaries and expenses appropriation. CBO estimates 
that the collection and spending of additional fees under H.R. 
695 would have no significant net effect on discretionary 
spending in any year.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 695 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 695 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 695 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee states that H.R. 695 specifically directs the 
Attorney General to conduct one rule making within the meaning 
of 5 U.S.C. Sec. 551. The rulemaking directs the Attorney 
General to by rule establish criteria for making a 
determination of an individual's fitness to have responsibility 
for the safety and well-being of children.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
695, allows organizations serving vulnerable populations to 
conduct background checks on volunteers and employees through 
the FBI fingerprint database.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 695 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

Section 1--Short Title

    This section gives the short title of H.R. 695 as the 
``Child Protection Improvements Act of 2017.''

Section 2--Amending Section 3 of the National Child Protection Act of 
        1993

    This section takes the following steps:
    (A) Provides uniformity to terms used in this Act.

  Key Terms--

    Qualified Entity--As defined in 42 U.S.C. Sec. 5119c, this 
is a business or organization that provides care or care 
placement services for children, elderly, or individuals with 
disabilities.
    Designated Entity--The organization that the Attorney 
General will be tasked with identifying under this Act. The 
designated entity will be responsible for serving as an 
intermediary between the FBI and qualified entities in states 
which currently do not have a process by which to access 
National Criminal History Background checks.
    Covered Individual--An individual who is submitting their 
fingerprint information for a background check and is seeking 
to work with members of a vulnerable population.
    (B) Directs the Attorney General to find a designated 
entity to act as an intermediary between the FBI and qualified 
entities. This designated entity will be available for 
organizations in any state in which state law does not direct 
qualified entities to deal directly with a state agency. The 
designated entity will collect the fingerprint information of 
the covered individual from the inquiring qualified entity and 
pass on the appropriate information to the FBI. The designated 
entity will then receive and process the background check from 
the FBI and remit a fitness determination to the inquiring 
qualified entity.
    (C) Adds a provision allowing individuals who have a 
background check run on them pursuant to this Act to challenge 
the accuracy or completeness of their record. This section also 
makes technical and conforming changes.
    (D) Grants the same immunity from damages to employees and 
agents of the Attorney General's designated entity as is 
currently provided to state agencies or providers of the same 
service.
    (E) Fees:
          Subsection 1 retains the eighteen-dollar limit on the 
        fee that may be collected by the FBI (same as current 
        law) from authorized state agencies, or from entities 
        providing the same service which the Attorney General's 
        designated entity will perform, in states which have 
        already provided for such a process.
          Subsection 2 provides that the Attorney General's 
        designated entity will collect a fee from the qualified 
        entity and remit to the FBI an amount sufficient to 
        cover the FBI's costs.
          Subsection 3 ensures that the overall cost charged 
        (the FBI's portion plus the designated entity's 
        portion) does not discourage or prevent qualified 
        entities from utilizing the service.
    (F) This section provides the guidelines for making 
``fitness determinations'' which will be the information that 
is relayed from the Attorney General's designated entity back 
to the qualified entity. The fitness determination will be made 
by the designated entity by checking the criminal history 
report against criterion offenses, to be set by the Attorney 
General, and will be nonbinding on the qualified entity.
    This section also amends Section 5 of the Act to define a 
``covered individual'' as someone who works with, volunteers 
with, or is applying to work or volunteer with an organization 
that provides services for children, elderly, or individuals 
with disabilities. This section also makes technical revisions 
to provide clarity in the Code due to the changes in this Act.
    Section 3. Effective Date. This section requires that the 
amendments made by H.R. 695 be fully implemented by not later 
than 1 year after the date of enactment.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

NATIONAL CHILD PROTECTION ACT OF 1993

           *       *       *       *       *       *       *

SEC. 3. BACKGROUND CHECKS.

  (a) In General.--(1) A State may have in effect procedures 
(established by State statute or regulation) that require 
qualified entities designated by the State to contact an 
authorized agency of the State to request a nationwide 
background check for the purpose of determining whether a 
[provider] covered individual has been convicted of a crime 
that bears upon the [provider's] covered individual's fitness 
to have responsibility for the safety and well-being of 
children, the elderly, or individuals with disabilities.
  (2) The authorized agency shall access and review State and 
Federal criminal history records through the national criminal 
history background check system and shall make reasonable 
efforts to respond to the inquiry within 15 business days.
  [(3) In the absence of State procedures referred to in 
paragraph (1), a qualified entity designated under paragraph 
(1) may contact an authorized agency of the State to request 
national criminal fingerprint background checks. Qualified 
entities requesting background checks under this paragraph 
shall comply with the guidelines set forth in subsection (b) 
and with procedures for requesting national criminal 
fingerprint background checks, if any, established by the 
State.]
  (3)(A) The Attorney General shall establish a program, in 
accordance with this section, to provide qualified entities 
located in States which do not have in effect procedures 
described in paragraph (1), or qualified entities located in 
States which 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.
  (b) Guidelines.--The procedures established under subsection 
(a) shall require--
          (1) that no qualified entity may request a background 
        check of a [provider] covered individual under 
        subsection (a) unless the [provider] covered individual 
        first provides a set of fingerprints and completes and 
        signs a statement that--
                  (A) contains the name, address, and date of 
                birth appearing on a valid identification 
                document (as defined in section 1028 of title 
                18, United States Code) of the [provider] 
                covered individual;
                  (B) the [provider] covered individual has not 
                been convicted of a crime and, if the 
                [provider] covered individual has been 
                convicted of a crime, contains a description of 
                the crime and the particulars of the 
                conviction;
                  (C) notifies the [provider] covered 
                individual that the entity may request a 
                background check under subsection (a);
                  (D) notifies the [provider] covered 
                individual of the [provider's] covered 
                individual's rights under paragraph (2); and
                  (E) notifies the [provider] covered 
                individual that prior to the completion of the 
                background check the qualified entity may 
                choose to deny the [provider] covered 
                individual [unsupervised] access to a person to 
                whom the qualified entity provides care;
          (2) [that each provider who is the subject of a 
        background check] (A) that each covered individual who 
        is the subject of a background check conducted pursuant 
        to the procedures established pursuant to subsection 
        (a)(1) is entitled--
                          [(A)] (i) to obtain a copy of any 
                        background check report; and
                          [(B)] (ii) to challenge the accuracy 
                        and completeness of any information 
                        contained in any such report and obtain 
                        a prompt determination as to the 
                        validity of such challenge before a 
                        final determination is made by the 
                        authorized agency; and
                  (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.
          (3) that an authorized agency or designated entity, 
        as applicable, upon receipt of a background check 
        report lacking disposition data, shall conduct research 
        in whatever State and local recordkeeping systems are 
        available in order to obtain complete data;
          (4) that the authorized agency or designated entity, 
        as applicable, shall make a determination whether the 
        [provider] covered individual has been convicted of, or 
        is under pending indictment for, a crime that bears 
        upon the [provider's] covered individual's fitness to 
        have responsibility for the safety and well-being of 
        children, the elderly, or individuals with disabilities 
        and shall convey that determination to the qualified 
        entity; and
          (5) that any background check under subsection (a) 
        and the results thereof shall be handled in accordance 
        with the requirements of Public Law 92-544, except that 
        this paragraph does not apply to any request by a 
        qualified entity for a national criminal fingerprint 
        background check pursuant to subsection (a)(3).
  (c) Regulations.--(1) The Attorney General may by regulation 
prescribe such other measures as may be required to carry out 
the purposes of this Act, including measures relating to the 
security, confidentiality, accuracy, use, misuse, and 
dissemination of information, and audits and recordkeeping.
  (2) The Attorney General shall, to the maximum extent 
possible, encourage the use of the best technology available in 
conducting background checks.
  (d) Liability.--A qualified entity shall not be liable in an 
action for damages solely for failure to conduct a criminal 
background check on a [provider] covered individual, nor shall 
a State or political subdivision thereof nor any agency, 
officer or employee thereof, nor shall any designated entity 
nor any officer or employee thereof, be liable in an action for 
damages for the failure of a qualified entity (other than 
itself) to take action adverse to a [provider] covered 
individual who was the subject of a background check.
  [(e) Fees.--In the case of a background check pursuant to a 
State requirement adopted after the date of the enactment of 
this Act conducted with fingerprints on a person who volunteers 
with a qualified entity, 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 fingerprints. 
The States shall establish fee systems that insure that fees to 
non-profit entities for background checks do not discourage 
volunteers from participating in child care programs.]
  (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 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.
  (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).

           *       *       *       *       *       *       *

SEC. 5. DEFINITIONS.

  For the purposes of this Act--
          (1) the term ``authorized agency'' means a division 
        or office of a State designated by a State to report, 
        receive, or disseminate information under this Act;
          (2) the term ``child'' means a person who is a child 
        for purposes of the criminal child abuse law of a 
        State;
          (3) the term ``child abuse crime'' means a crime 
        committed under any law of a State that involves the 
        physical or mental injury, sexual abuse or 
        exploitation, negligent treatment, or maltreatment of a 
        child by any person;
          (4) the term ``child abuse crime information'' means 
        the following facts concerning a person who has been 
        arrested for, or has been convicted of, a child abuse 
        crime: full name, race, sex, date of birth, height, 
        weight, fingerprints, a brief description of the child 
        abuse crime or offenses for which the person has been 
        arrested or has been convicted, the disposition of the 
        charge, and any other information that the Attorney 
        General determines may be useful in identifying persons 
        arrested for, or convicted of, a child abuse crime;
          (5) the term ``care'' means the provision of care, 
        treatment, education, training, instruction, 
        supervision, or recreation to children, the elderly, or 
        individuals with disabilities;
          (6) the term ``identifiable child abuse crime case'' 
        means a case that can be identified by the authorized 
        criminal justice agency of the State as involving a 
        child abuse crime by reference to the statutory 
        citation or descriptive label of the crime as it 
        appears in the criminal history record;
          (7) the term ``individuals with disabilities'' means 
        persons with a mental or physical impairment who 
        require assistance to perform one or more daily living 
        tasks;
          (8) the term ``national criminal history background 
        check system'' means the criminal history record system 
        maintained by the Federal Bureau of Investigation based 
        on fingerprint identification or any other method of 
        positive identification;
          [(9) the term ``provider'' means--
                  [(A) a person who--
                          [(i) is employed by or volunteers 
                        with a qualified entity (including an 
                        individualwho is employed by a school 
                        in any capacity, includingas a child 
                        care provider, a teacher, or another 
                        member ofschool personnel);
                          [(ii) who owns or operates a 
                        qualified entity; or
                          [(iii) who has or may have 
                        unsupervised access to a child to whom 
                        the qualified entity provides child 
                        care; and
                  [(B) a person who--
                          [(i) seeks to be employed by or 
                        volunteer with a qualified entity 
                        (including an individualwho seeks to be 
                        employed by a school in any 
                        capacity,including as a child care 
                        provider, a teacher, or another 
                        memberof school personnel);
                          [(ii) seeks to own or operate a 
                        qualified entity; or
                          [(iii) seeks to have or may have 
                        unsupervised access to a child to whom 
                        the qualified entity provides child 
                        care;]
          (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.
          (10) the term ``qualified entity'' means a business 
        or organization, whether public, private, for-profit, 
        not-for-profit, or voluntary, that provides care or 
        care placement services, including a business or 
        organization that licenses or certifies others to 
        provide care or care placement services; [and]
          (11) the term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, American 
        Samoa, the Virgin Islands, Guam, and the Trust 
        Territories of the Pacific[.]; and
          (12) the term ``designated entity'' means an entity 
        designated by the Attorney General under section 
        3(f)(2)(A).

                                  [all]
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