69–006 

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: 

2 

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.— 

3 

1Pub L. No. 103–209, 107 Stat. 2490 (1993). 

‘‘(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 

4 

2Pub. L. No. 108–21, 117 Stat. 650 (2003). 

background check run on them pursuant to this Act may challenge 

the accuracy or completeness of their records. 

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. 

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. 

5 

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 

6 

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. § 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. 

7 

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. § 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. 

8 

(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 øprovider¿ covered individual has been convicted of a crime that bears upon the øprovider’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. 

ø(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 naVerDate Sep 11 2014 22:17 May 24, 2017 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6603 E:\HR\OC\HR138.XXX HR138
9 

tional 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 øprovider¿ covered individual under subsection (a) unless 

the øprovider¿ 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 øprovider¿ covered individual; 

(B) the øprovider¿ covered individual has not been convicted of a crime and, if the øprovider¿ covered individual 

has been convicted of a crime, contains a description of the 

crime and the particulars of the conviction; 

(C) notifies the øprovider¿ covered individual that the 

entity may request a background check under subsection 

(a); 

(D) notifies the øprovider¿ covered individual of the 

øprovider’s¿ covered individual’s rights under paragraph 

(2); and 

(E) notifies the øprovider¿ covered individual that prior 

to the completion of the background check the qualified entity may choose to deny the øprovider¿ covered individual 

øunsupervised¿ access to a person to whom the qualified 

entity provides care; 

(2) øthat 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— 

ø(A)¿ (i) to obtain a copy of any background check 

report; and 

ø(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. 

10 

(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 øprovider¿ covered individual has been convicted of, or is under pending indictment for, a crime that bears upon the øprovider’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 øprovider¿ 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 øprovider¿ covered 

individual who was the subject of a background check. 

ø(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 conVerDate Sep 11 2014 22:17 May 24, 2017 Jkt 069006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR138.XXX HR138
11 

ducted 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; 

12 

(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; 

ø(9) the term ‘‘provider’’ means— 

ø(A) a person who— 

ø(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); 

ø(ii) who owns or operates a qualified entity; or 

ø(iii) who has or may have unsupervised access to a 

child to whom the qualified entity provides child care; 

and 

ø(B) a person who— 

ø(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); 

ø(ii) seeks to own or operate a qualified entity; or 

ø(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— 

13 

(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; øand¿ 

(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 

Pacificø.¿; and 

(12) the term ‘‘designated entity’’ means an entity designated 

by the Attorney General under section 3(f)(2)(A). 

Æ