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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 163 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 163

   To amend the National Child Protection Act of 1993 to establish a 
                   permanent background check system.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2009

Mr. Ensign (for himself, Mr. Bayh, Mr. Isakson, Mrs. McCaskill, and Mr. 
   Specter) introduced the following bill; which was read twice and 
               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 
2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2006, 61,200,000 adults (a total of 26.7 percent of 
        the population) contributed a total of 8,100,000,000 hours of 
        volunteer service. Of those who volunteer, 27 percent dedicate 
        their service to education or youth programs, or a total of 
        16,500,000 adults.
            (2) Assuming recent incarceration rates remain unchanged, 
        an estimated 6.6 percent of individuals in the United States 
        will serve time in prison for a crime during their lifetime. 
        The Integrated Automated Fingerprint Identification System of 
        the Federal Bureau of Investigation maintains fingerprints and 
        criminal histories on more than 47,000,000 individuals, many of 
        whom have been arrested or convicted multiple times.
            (3) A study released in 2002, found that, of individuals 
        released from prison in 15 States in 1994, an estimated 67.5 
        percent were rearrested for a felony or serious misdemeanor 
        within 3 years. Three-quarters of those new arrests resulted in 
        convictions or a new prison sentence.
            (4) Given the large number of individuals with criminal 
        records and the vulnerability of the population they work with, 
        human service organizations that work with children need an 
        effective and reliable means of obtaining a complete criminal 
        history in order to determine the suitability of a potential 
        volunteer or employee.
            (5) The large majority of Americans (88 percent) favor 
        granting youth-serving organizations access to conviction 
        records for screening volunteers and 59 percent favored 
        allowing youth-serving organizations to consider arrest records 
        when screening volunteers. This was the only use for which a 
        majority of those surveyed favored granting access to arrest 
        records.
            (6) Congress has previously attempted to ensure that States 
        make Federal Bureau of Investigation criminal history record 
        checks available to organizations seeking to screen employees 
        and volunteers who work with children, the elderly, and 
        individuals with disabilities, through the National Child 
        Protection Act of 1993 (42 U.S.C. 5119 et seq.) and the 
        Volunteers for Children Act (Public Law 105-251; 112 Stat. 
        1885). However, according to a June 2006 report from the 
        Attorney General, these laws ``did not have the intended impact 
        of broadening the availability of NCPA checks.''. A 2007 survey 
        conducted by MENTOR/National Mentoring Partnership found that 
        only 18 States allowed youth mentoring organizations to access 
        nationwide Federal Bureau of Investigation background searches.
            (7) Even when accessible, the cost of a criminal background 
        check can be prohibitively expensive, ranging from $5 to $75 
        for a State fingerprint check, plus the Federal Bureau of 
        Investigation fee, which ranges between $16 to $24, for a total 
        of between $21 and $99 for each volunteer or employee.
            (8) Delays in processing such checks can also limit their 
        utility. While the Federal Bureau of Investigation processes 
        all civil fingerprint requests in less than 24 hours, State 
        response times vary widely, and can take as long as 42 days.
            (9) The Child Safety Pilot Program under section 108 of the 
        PROTECT Act (42 U.S.C. 5119a note) revealed the importance of 
        performing fingerprint-based Federal Bureau of Investigation 
        criminal history record checks. Of 29,000 background checks 
        performed through the pilot program as of March 2007, 6.4 
        percent of volunteers were found to have a criminal record of 
        concern, including very serious offenses such as sexual abuse 
        of minors, assault, child cruelty, murder, and serious drug 
        offenses.
            (10) In an analysis performed on the volunteers screened in 
        the first 18 months of the Child Safety Pilot Program, it was 
        found that over 25 percent of the individuals with criminal 
        records had committed an offense in a State other than the 
        State in which they were applying to volunteer, meaning that a 
        State-only search would not have found relevant criminal 
        results. In addition, even though volunteers knew a background 
        check was being performed, over 50 percent of the individuals 
        found to have a criminal record falsely indicated on their 
        application form that they did not have a criminal record.
            (11) The Child Safety Pilot Program also demonstrates that 
        timely and affordable background checks are possible, as 
        background checks under that program are completed within 3 to 
        5 business days at a cost of $18.

SEC. 3. BACKGROUND CHECKS.

    The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) 
is amended--
            (1) by redesignating section 5 as section 6; and
            (2) by inserting after section 4 the following:

``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS FOR 
              CHILD-SERVING ORGANIZATIONS.

    ``(a) Definitions.--In this section--
            ``(1) the term `applicant processing center' means the 
        applicant processing center established by the Attorney General 
        under subsection (b)(1);
            ``(2) the term `child' means an individual who is less than 
        18 years of age;
            ``(3) the term `covered entity' means a business or 
        organization, whether public, private, for-profit, nonprofit, 
        or voluntary that provides care, care placement, supervision, 
        treatment, education, training, instruction, or recreation to 
        children, including a business or organization that licenses, 
        certifies, or coordinates individuals or organizations to 
        provide care, care placement, supervision, treatment, 
        education, training, instruction, or recreation to children;
            ``(4) the term `covered individual' means an individual--
                    ``(A) who has, seeks to have, or may have 
                unsupervised access to a child served by a covered 
                entity; and
                    ``(B) who--
                            ``(i) is employed by or volunteers with, or 
                        seeks to be employed by or volunteer with, a 
                        covered entity; or
                            ``(ii) owns or operates, or seeks to own or 
                        operate, a covered entity;
            ``(5) the term `criminal history resource center' means the 
        program established under subsection (b)(2);
            ``(6) the term `identification document' has the meaning 
        given that term in section 1028 of title 18, United States 
        Code;
            ``(7) the term `participating entity' means a covered 
        entity that is--
                    ``(A) located in a State that does not have a 
                qualified State program; and
                    ``(B) approved under subsection (f) to receive 
                nationwide background checks from the applicant 
                processing center;
            ``(8) the term `qualified State program' means a program of 
        a State authorized agency that the Attorney General determines 
        is meeting the standards identified in subsection (b)(3) to 
        ensure that a wide range of youth-serving organizations have 
        affordable and timely access to nationwide background checks;
            ``(9) 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
            ``(10) the term `State authorized agency' means a division 
        or office of a State designated by that State to report, 
        receive, or disseminate criminal history information.
    ``(b) Establishment of Program.--Not later than 180 days after the 
date of enactment of the Child Protection Improvements Act of 2009, the 
Attorney General shall--
            ``(1) establish within the Federal Government or through an 
        agreement with a nongovernmental entity an applicant processing 
        center;
            ``(2) enter into an agreement with the National Center for 
        Missing and Exploited Children, under which the National Center 
        for Missing and Exploited Children shall establish a criminal 
        history resource center; and
            ``(3) conduct--
                    ``(A) an annual assessment of each State authorized 
                agency to determine whether the agency operates a 
                qualified State program, including a review of whether 
                the State authorized agency--
                            ``(i) has designated a wide range of 
                        covered entities as eligible to submit State 
                        criminal background check requests and 
                        nationwide background check requests to the 
                        State authorized agency;
                            ``(ii) charges a covered entity not more 
                        than a total of $36 for a State criminal 
                        background check and a nationwide background 
                        check; and
                            ``(iii) returns requests for State criminal 
                        background checks and nationwide background 
                        checks to a covered entity not later than 10 
                        business days after the date on which the 
                        request was made; and
                    ``(B) in addition to an annual assessment under 
                subparagraph (A), an assessment described in that 
                subparagraph of a State authorized agency if--
                            ``(i) a State authorized agency that does 
                        not have a qualified State program requests 
                        such an assessment; or
                            ``(ii) the Attorney General receives 
                        reports from covered entities indicating that a 
                        State authorized agency that has a qualified 
                        State program no longer meets the standards 
                        described in subparagraph (A).
    ``(c) Applicant Processing Center.--
            ``(1) Purpose.--The purpose of the applicant processing 
        center is to streamline the process of obtaining nationwide 
        background checks, provide effective customer service, and 
        facilitate widespread access to nationwide background checks by 
        participating entities.
            ``(2) Duties.--The applicant processing center shall--
                    ``(A) handle inquiries from covered entities and 
                inform covered entities about how to request nationwide 
                background checks--
                            ``(i) for a covered entity located in a 
                        State with a qualified State program, by 
                        referring the covered entity to the State 
                        authorized agency; and
                            ``(ii) for a covered entity located in a 
                        State without a qualified State program, by 
                        providing information on the requirements to 
                        become a participating entity;
                    ``(B) provide participating entities with access to 
                nationwide background checks on covered individuals;
                    ``(C) receive paper and electronic requests for 
                nationwide background checks on covered individuals 
                from participating entities;
                    ``(D) serve as a national resource center to 
                provide guidance and assistance to participating 
                entities on how to submit requests for nationwide 
                background checks, how to obtain State criminal 
                background checks, the possible restrictions that apply 
                when making hiring decisions based on criminal history 
                records, and other related information;
                    ``(E) to the extent practicable, negotiate an 
                agreement with each State authorized agency under 
                which--
                            ``(i) that State authorized agency shall 
                        conduct a State criminal background check 
                        within the time periods specified in subsection 
                        (e) in response to a request from the applicant 
                        processing center and provide criminal history 
                        records to the applicant processing center; and
                            ``(ii) a participating entity may elect to 
                        obtain a State criminal background check, in 
                        addition to a nationwide background check, 
                        through 1 unified request to the applicant 
                        processing center;
                    ``(F) convert all paper fingerprint cards into an 
                electronic form and securely transmit all fingerprints 
                electronically to the national criminal history 
                background check system and, if appropriate, the State 
                authorized agencies;
                    ``(G) collect a fee to conduct the nationwide 
                background check, and, if appropriate, a State criminal 
                background check, and remit fees to the Federal Bureau 
                of Investigation and, if appropriate, the State 
                authorized agencies;
                    ``(H) convey to the participating entity that 
                submitted the request for a nationwide background 
                check--
                            ``(i) a statement indicating whether a 
                        criminal history, including a conviction, 
                        arrest, or pending arrest or indictment, 
                        relating to a covered individual was found;
                            ``(ii) information relating to the 
                        appropriate use of criminal history records 
                        when making decisions regarding hiring 
                        employees and using volunteers;
                            ``(iii) if a criminal history is found, a 
                        recommendation to the participating entity to 
                        consult with the covered individual in order to 
                        obtain more information about the individual's 
                        criminal history, and a list of factors to 
                        consider in assessing the significance of that 
                        criminal history, including--
                                    ``(I) any positive criminal 
                                background history;
                                    ``(II) the nature, gravity, and 
                                circumstances of any offense indicated 
                                in the individual's criminal history 
                                record, including whether the 
                                individual was convicted of the 
                                offense;
                                    ``(III) the period of time that has 
                                elapsed since the date of the offense 
                                or end of a period of incarceration or 
                                supervised release;
                                    ``(IV) the nature of the position 
                                held or sought; and
                                    ``(V) any evidence of 
                                rehabilitation; and
                            ``(iv) instructions that, in evaluating the 
                        considerations described in clause (iii), the 
                        participating entity should consult the Equal 
                        Employment Opportunity Commission Policy 
                        Statement on the Issue of Conviction Records 
                        under Title VII of the Civil Rights Act and the 
                        Policy Guidance on the Consideration of Arrest 
                        Records in Employment Decisions under Title VII 
                        of the Civil Rights Act of 1964, or any 
                        successor to such policy statement or policy 
                        guidance issued by the Equal Employment 
                        Opportunity Commission;
                    ``(I) for any request by a participating entity for 
                a nationwide criminal background check for which a 
                criminal history is found, convey to the applicable 
                covered individual the criminal history and an 
                explanation of the right of the covered individual to 
                appeal the accuracy and completeness of that criminal 
                history on the same date that the statement, 
                information, and instructions described in subparagraph 
                (H) are conveyed to the participating entity;
                    ``(J) coordinate with the Federal Bureau of 
                Investigation and participating State authorized 
                agencies to ensure that background check requests are 
                being completed within the time periods specified in 
                subsection (e); and
                    ``(K) refer participating entities and covered 
                individuals to the appropriate State agency or the 
                Federal Bureau of Investigation if a criminal history 
                includes incomplete or inaccurate information.
            ``(3) Requests.--A request for a nationwide background 
        check by a participating entity shall include--
                    ``(A) the fingerprints of the covered individual, 
                in paper or electronic form;
                    ``(B) a photocopy of a valid identification 
                document; and
                    ``(C) a statement completed and signed by the 
                covered individual that--
                            ``(i) sets out the covered individual's 
                        name, address, and date of birth, as those 
                        items of information appear on a valid 
                        identification document;
                            ``(ii) states whether the covered 
                        individual has a criminal record, and, if so, 
                        provides the particulars of such criminal 
                        record;
                            ``(iii) notifies the covered individual 
                        that the Attorney General and, if appropriate, 
                        a State authorized agency may perform a 
                        criminal history background check and that the 
                        signature of the covered individual on the 
                        statement constitutes an acknowledgment that 
                        such a check may be conducted;
                            ``(iv) notifies the covered individual that 
                        prior to and after the completion of the 
                        background check, the participating entity may 
                        choose to deny the covered individual access to 
                        children; and
                            ``(v) notifies the covered individual of 
                        the right of the covered individual to correct 
                        an erroneous record of the Attorney General 
                        and, if appropriate, the State authorized 
                        agency.
            ``(4) Fees.--
                    ``(A) In general.--The applicant processing center 
                may collect a fee to defray the costs of carrying out 
                its duties under this section--
                            ``(i) for a nationwide background check, in 
                        an amount not to exceed the lesser of--
                                    ``(I) the actual cost to the 
                                applicant processing center of 
                                conducting a nationwide background 
                                check under this section; or
                                    ``(II)(aa) $25 for a participating 
                                entity that is a nonprofit entity; or
                                    ``(bb) $40 for any other 
                                participating entity; and
                            ``(ii) for a State criminal background 
                        check described in paragraph (2)(E), in the 
                        amount specified in the agreement with the 
                        applicable State authorized agency, not to 
                        exceed $18.
                    ``(B) Reduced fees.--In determining the amount of 
                the fees to be collected under subparagraph (A), the 
                applicant processing center--
                            ``(i) shall, to the extent possible, 
                        discount such fees for participating entities 
                        that are nonprofit entities; and
                            ``(ii) may use fees paid by participating 
                        entities that are not nonprofit entities to 
                        reduce the fees to be paid by participating 
                        entities that are nonprofit entities.
                    ``(C) Prohibition on fees.--
                            ``(i) In general.--A participating entity 
                        may not charge another entity or individual a 
                        surcharge to access a background check 
                        conducted under this section.
                            ``(ii) Violation.--The Attorney General 
                        shall bar any participating entity that the 
                        Attorney General determines violated clause (i) 
                        from submitting background checks under this 
                        section.
    ``(d) Criminal History Resource Center.--
            ``(1) Purpose.--The purpose of the criminal history 
        resource center is to provide participating entities with 
        reliable and accurate information regarding the interpretation 
        of criminal histories.
            ``(2) Requirements.--As part of operating the criminal 
        history resource center, the National Center for Missing and 
        Exploited Children--
                    ``(A) shall establish, and make available, general 
                guidelines to assist participating entities with 
                analyzing and interpreting criminal history records;
                    ``(B) shall respond to requests from participating 
                entities for assistance in understanding and 
                interpreting a criminal history, including providing--
                            ``(i) information on the crime committed 
                        and the seriousness of such crime under the law 
                        of the applicable State;
                            ``(ii) information regarding whether 
                        multiple charges are part of 1 offense or a 
                        series of offenses; and
                            ``(iii) other information that can assist a 
                        participating entity in understanding the 
                        gravity, nature, and seriousness of the 
                        criminal history and the time lapse since the 
                        last offense was committed; and
                    ``(C) in responding to a request under subparagraph 
                (B)--
                            ``(i) shall provide general guidance to 
                        assist the participating entity in assessing 
                        criminal history records; and
                            ``(ii) may not make any individualized 
                        determination relating to whether a covered 
                        individual may represent a danger to children 
                        or whether the participating entity should hire 
                        or refrain from hiring any covered individual.
    ``(e) Timing.--
            ``(1) In general.--Criminal background checks shall be 
        completed not later than 10 business days after the date that a 
        request for a national background check is received by the 
        applicant processing center. The applicant processing center 
        shall work with the Federal Bureau of Investigation to ensure 
        that the time limits under this subsection are being achieved.
            ``(2) Application processing.--The applicant processing 
        center shall electronically submit a national background check 
        request to the national criminal history background check 
        system and, if appropriate, the participating State authorized 
        agency not later than 3 business days after the date that a 
        request for a national background check is received by the 
        applicant processing center.
            ``(3) Conduct of background checks.--The Federal Bureau of 
        Investigation and, if appropriate, a State authorized agency 
        shall provide criminal history records information to the 
        applicant processing center not later than 3 business days 
        after the date that the Federal Bureau of Investigation or 
        State authorized agency, as the case may be, receives a request 
        for a nationwide background check from the applicant processing 
        center.
            ``(4) Results.--The applicant processing center shall 
        convey the result of a national background check to the 
        participating entity, and if appropriate, convey the criminal 
        history to the covered individual not later than 4 business 
        days after the date that the applicant processing center has 
        received criminal history records from the Federal Bureau of 
        Investigation and, if appropriate, each applicable State 
        authorized agency.
    ``(f) Participation in Program.--
            ``(1) In general.--The applicant processing center shall 
        determine whether an entity is a covered entity and whether 
        that covered entity should be approved as a participating 
        entity, based on--
                    ``(A) whether the entity is located in a State that 
                has a qualified State program; and
                    ``(B) the consultation conducted under paragraph 
                (2).
            ``(2) Consultation.--In determining how many covered 
        entities to approve as participating entities, the applicant 
        processing center shall consult quarterly with the Federal 
        Bureau of Investigation to determine the volume of requests for 
        national background checks that can be completed, based on the 
        capacity of the applicant processing center and the Federal 
        Bureau of Investigation, the availability of resources, and the 
        demonstrated need for national background checks in order to 
        protect children.
            ``(3) Preference for nonprofit organizations.--In 
        determining whether a covered entity should be approved as a 
        participating entity under paragraph (1), the applicant 
        processing center shall give preference to any organization 
        participating in the Child Safety Pilot Program under section 
        108(a)(3) of the PROTECT Act (42 U.S.C. 5119a note) on the date 
        of enactment of the Child Protection Improvements Act of 2009 
        and to any other nonprofit organizations.
    ``(g) Rights of Covered Individuals.--
            ``(1) In general.--A covered individual who is the subject 
        of a nationwide background check under this section may contact 
        the Federal Bureau of Investigation and, if appropriate, a 
        State authorized agency to--
                    ``(A) request that the full criminal history report 
                of that covered individual be provided to that covered 
                individual or the applicable participating entity not 
                later than 10 business days after the date of that 
                request; and
                    ``(B) challenge the accuracy and completeness of 
                the criminal history record information in the criminal 
                history report.
            ``(2) Resolution of challenges.--The Federal Bureau of 
        Investigation and, if appropriate, a State authorized agency 
        shall--
                    ``(A) promptly make a determination regarding the 
                accuracy and completeness of any criminal history 
                record information challenged under paragraph (1)(B); 
                and
                    ``(B) seek to--
                            ``(i) investigate any such challenge with 
                        relevant departments and agencies of the 
                        Federal Government and State and local 
                        governments; and
                            ``(ii) correct any inaccurate or incomplete 
                        records.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Attorney General $5,000,000 for fiscal year 2010, to--
                    ``(A) establish and carry out the duties of the 
                applicant processing center established under this 
                section;
                    ``(B) establish and carry out the criminal history 
                resource center; and
                    ``(C) pursue technologies and procedures to 
                streamline and automate processes to enhance cost 
                efficiency.
            ``(2) Criminal history resource center.--There are 
        authorized to be appropriated to the Attorney General to carry 
        out the agreement under this section with the National Center 
        for Missing and Exploited Children $1,000,000 for each of 
        fiscal years 2010 through 2014 to support the criminal history 
        resource center.
            ``(3) Sense of the senate.--It is the sense of the Senate 
        that in fiscal year 2010, and each fiscal year thereafter, the 
        fees collected by the applicant processing center should be 
        sufficient to carry out the duties of the applicant processing 
        center under this section.
    ``(i) Collection of Data and Report to Congress.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Child Protection Improvements Act of 2009, and 
        annually thereafter, the Attorney General shall prepare and 
        submit to Congress and make available to the public a report on 
        the programs and procedures established under this Act.
            ``(2) Collection of data.--
                    ``(A) Definition of demographic characteristics.--
                In this paragraph, the term `demographic 
                characteristics' includes information pertaining to 
                race, color, ancestry, national origin, age, sex and 
                marital status.
                    ``(B) Compiling.--Beginning 90 days after the date 
                of enactment of the Child Protection Improvements Act 
                of 2009, the Attorney General, with the assistance of 
                the applicant processing center shall compile data 
                regarding--
                            ``(i) the number and types of participating 
                        entities;
                            ``(ii) the fees charged to participating 
                        entities under this section;
                            ``(iii) the time interval between 
                        nationwide background check submissions and 
                        responses under this section;
                            ``(iv) the fiscal impact of this section on 
                        State authorized agencies;
                            ``(v) the number and demographic 
                        characteristics of covered individuals 
                        submitting a statement described in subsection 
                        (c)(3)(C) as part of a request for a nationwide 
                        background check;
                            ``(vi) the number and demographic 
                        characteristics of covered individuals 
                        determined to have a criminal history;
                            ``(vii) the number, type (including the 
                        identity of the offense and whether the offense 
                        was committed while the covered individual was 
                        a juvenile or adult), and frequency of 
                        offenses, and length of the period between the 
                        date of the offense and the date of the 
                        nationwide background check for any covered 
                        individuals found to have a criminal history 
                        under this section;
                            ``(viii) the procedures available for 
                        covered individuals to challenge the accuracy 
                        and completeness of criminal history record 
                        information under this section;
                            ``(ix) the number and results of challenges 
                        to the accuracy and completeness of criminal 
                        history record information under this section;
                            ``(x) the number and types of corrections 
                        of erroneous criminal history record 
                        information based on a challenge under this 
                        section; and
                            ``(xi) the number and types of inquiries 
                        for assistance on interpreting a criminal 
                        history received by the criminal history 
                        resource center.
                    ``(C) Aggregating data.--The Attorney General, with 
                the assistance of the applicant processing center, 
                shall--
                            ``(i) aggregate the data collected under 
                        this paragraph by State and city; and
                            ``(ii) aggregate the data collected under 
                        clauses (v), (vi), and (vii) of subparagraph 
                        (B) by race, color, ancestry, national origin, 
                        age, sex, and marital status.
                    ``(D) Reports.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Child 
                        Protection Improvements Act of 2009, and 
                        annually thereafter, the Attorney General shall 
                        prepare and submit to Congress a report 
                        concerning the data compiled and aggregated 
                        under this paragraph.
                            ``(ii) Contents.--Each report submitted 
                        under clause (i) shall contain--
                                    ``(I) the data compiled and 
                                aggregated under this paragraph, 
                                organized in such a way as to provide a 
                                comprehensive analysis of the programs 
                                and procedures established under this 
                                section;
                                    ``(II) information regarding and 
                                analysis of--
                                            ``(aa) the programs and 
                                        procedures established under 
                                        this section; and
                                            ``(bb) the extent such 
                                        programs and procedures have 
                                        helped screen individuals who 
                                        may pose a risk to children; 
                                        and
                                    ``(III) information regarding and 
                                analysis of whether and to what extent 
                                the programs and procedures established 
                                under this section are having a 
                                disparate impact on individuals based 
                                on race, color, ancestry, national 
                                origin, age, sex, or marital status.
                            ``(iii) Recommendations.--A report 
                        submitted under clause (i) may contain 
                        recommendations to Congress on possible 
                        legislative improvements to this section.
                            ``(iv) Additional information.--Upon the 
                        request of any member of Congress, the Attorney 
                        General shall make available any of the data 
                        compiled or aggregated under this paragraph. 
                        The Attorney General shall not make available 
                        any data that identifies specific individuals.
    ``(j) Limitation on Liability.--
            ``(1) In general.--
                    ``(A) Failure to conduct criminal background 
                checks.--No participating entity shall be liable in an 
                action for damages solely for failure to conduct a 
                criminal background check on a covered individual.
                    ``(B) Failure to take adverse action against 
                covered individual.--No participating entity shall be 
                liable in an action for damages solely for a failure to 
                take action adverse to a covered individual upon 
                receiving any notice of criminal history from the 
                applicant processing center under subsection (c)(2)(H).
            ``(2) Reliance.--The applicant processing center or a 
        participating entity that reasonably relies on criminal history 
        record information received in response to a background check 
        under this section shall not be liable in an action for damages 
        based on the inaccuracy or incompleteness of that information.
            ``(3) National center for missing and exploited children.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the National Center for 
                Missing and Exploited Children, including a director, 
                officer, employee, or agent of the National Center for 
                Missing and Exploited Children, shall not be liable in 
                an action for damages relating to the performance of 
                the responsibilities and functions of the National 
                Center for Missing and Exploited Children under this 
                section.
                    ``(B) Intentional, reckless, or other misconduct.--
                Subparagraph (A) shall not apply in an action if the 
                National Center for Missing and Exploited Children, or 
                a director, officer, employee, or agent of the National 
                Center for Missing and Exploited Children, engaged in 
                intentional misconduct or acted, or failed to act, with 
                actual malice, with reckless disregard to a substantial 
                risk of causing injury without legal justification, or 
                for a purpose unrelated to the performance of 
                responsibilities or functions under this section.
                    ``(C) Ordinary business activities.--Subparagraph 
                (A) shall not apply to an act or omission relating to 
                an ordinary business activity, such as an activity 
                involving general administration or operations, the use 
                of motor vehicles, or personnel management.
    ``(k) Privacy of Information.--
            ``(1) Prohibition on unauthorized disclosure or use of 
        criminal history records.--Except for a covered individual, any 
        entity or individual authorized to receive or transmit 
        fingerprints or criminal history records under this Act--
                    ``(A) shall use the fingerprints, criminal history 
                records, or information in the criminal history records 
                only for the purposes specifically set forth in this 
                Act;
                    ``(B) shall allow access to the fingerprints, 
                criminal history records, or information in the 
                criminal history records only to those employees of the 
                entity, and only on such terms, as are necessary to 
                fulfill the purposes set forth in this Act;
                    ``(C) shall not disclose the fingerprints, criminal 
                history records, or information in the criminal history 
                records, except as specifically authorized under this 
                Act;
                    ``(D) shall keep a written record of each 
                authorized disclosure of the fingerprints, criminal 
                history records, or the information in the criminal 
                history records; and
                    ``(E) shall maintain adequate security measures to 
                ensure the confidentiality of the fingerprints, the 
                criminal history records, and the information in the 
                criminal history records.
            ``(2) Compliance.--
                    ``(A) In general.--If the applicant processing 
                center is established within the Federal Government, 
                the Attorney General shall promulgate regulations to 
                ensure the enforcement of the nondisclosure 
                requirements under paragraph (1) and to provide for 
                appropriate sanctions in the case of violations of the 
                requirements.
                    ``(B) Participating entities and applicant 
                processing center.--The participation in any program 
                under this section by a participating entity or a 
                nongovernmental entity that enters into an agreement 
                with the Attorney General to establish an applicant 
                processing center shall be conditioned on the 
                participating entity or nongovernmental entity--
                            ``(i) establishing procedures to ensure 
                        compliance with, and respond to any violations 
                        of, paragraph (1); and
                            ``(ii) maintaining substantial compliance 
                        with paragraph (1).
            ``(3) Destruction of records.--The applicant processing 
        center shall destroy any fingerprints or criminal history 
        record received under this Act after any transaction based on 
        the fingerprints or criminal history record is completed, and 
        shall not maintain the fingerprints, the criminal history 
        records, or the information in the criminal history record in 
        any form.''.

SEC. 4. EXTENSION OF CHILD SAFETY PILOT.

    Section 108(a)(3)(A) of the PROTECT Act (42 U.S.C. 5119a note) is 
amended--
            (1) by striking ``60-month''; and
            (2) by adding at the end the following: ``The Child Safety 
        Pilot Program under this paragraph shall terminate on the date 
        that the program for national criminal history background 
        checks for child-serving organizations established under the 
        Child Protection Improvements Act of 2009 is operating and able 
        to enroll any organization using the Child Safety Pilot 
        Program.''.
                                 <all>
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