I 

110TH CONGRESS 

2D SESSION H. R. 5606 

To amend the National Child Protection Act of 1993 to establish a permanent 

background check system. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Mr. SCHIFF (for himself and Mr. ROGERS of Michigan) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the National Child Protection Act of 1993 to 

establish a permanent background check system. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Protection Im5 provements Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In 2006, 61,200,000 adults (a total of 26.7 

9 percent of the population) contributed a total of 

10 8,100,000,000 hours of volunteer service. Of those 


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1 who volunteer, 27 percent dedicate their service to 

2 education or youth programs, or a total of 

3 16,500,000 adults. 

4 (2) Assuming recent incarceration rates remain 

5 unchanged, an estimated 6.6 percent of individuals 

6 in the United States will serve time in prison for a 

7 crime during their lifetime. The Integrated Auto8 mated Fingerprint Identification System of the Fed9 eral Bureau of Investigation maintains fingerprints 

10 and criminal histories on more than 47,000,000 in11 dividuals, many of whom have been arrested or con12 victed multiple times. 

13 (3) A study released in 2002, found that, of in14 dividuals released from prison in 15 States in 1994, 

15 an estimated 67.5 percent were rearrested for a fel16 ony or serious misdemeanor within 3 years. Three17 quarters of those new arrests resulted in convictions 

18 or a new prison sentence. 

19 (4) Given the large number of individuals with 

20 criminal records and the vulnerability of the popu21 lation they work with, human service organizations 

22 that work with children need an effective and reli23 able means of obtaining a complete criminal history 

24 in order to determine the suitability of a potential 

25 volunteer or employee. 


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1 (5) The large majority of Americans (88 per2 cent) favor granting youth-serving organizations ac3 cess to conviction records for screening volunteers 

4 and 59 percent favored allowing youth-serving orga5 nizations to consider arrest records when screening 

6 volunteers. This was the only use for which a major7 ity of those surveyed favored granting access to ar8 rest records. 

9 (6) Congress has previously attempted to en10 sure that States make Federal Bureau of Investiga11 tion criminal history record checks available to orga12 nizations seeking to screen employees and volunteers 

13 who work with children, the elderly, and individuals 

14 with disabilities, through the National Child Protec15 tion Act of 1993 (42 U.S.C. 5119 et seq.) and the 

16 Volunteers for Children Act (Public Law 105–251; 

17 112 Stat. 1885). However, according to a June 

18 2006 report from the Attorney General, these laws 

19 ‘‘did not have the intended impact of broadening the 

20 availability of NCPA checks.’’. A 2007 survey con21 ducted by MENTOR/National Mentoring Partner22 ship found that only 18 States allowed youth men23 toring organizations to access nationwide Federal 

24 Bureau of Investigation background searches. 


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1 (7) Even when accessible, the cost of a criminal 

2 background check can be prohibitively expensive, 

3 ranging from $5 to $75 for a State fingerprint 

4 check, plus the Federal Bureau of Investigation fee, 

5 which ranges between $16 to $24, for a total of be6 tween $21 and $99 for each volunteer or employee. 

7 (8) Delays in processing such checks can also 

8 limit their utility. While the Federal Bureau of In9 vestigation processes all civil fingerprint requests in 

10 less than 24 hours, State response times vary widely, 

11 and can take as long as 42 days. 

12 (9) The Child Safety Pilot Program under sec13 tion 108 of the PROTECT Act (42 U.S.C. 5119a 

14 note) revealed the importance of performing finger15 print-based Federal Bureau of Investigation criminal 

16 history record checks. Of 29,000 background checks 

17 performed through the pilot as of March 2007, 6.4 

18 percent of volunteers were found to have a criminal 

19 record of concern, including very serious offenses 

20 such as sexual abuse of minors, assault, child cru21 elty, murder, and serious drug offenses. 

22 (10) In an analysis performed on the volunteers 

23 screened in the first 18 months of the Child Safety 

24 Pilot Program, it was found that over 25 percent of 

25 the individuals with criminal records had committed 


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1 an offense in a State other than the State in which 

2 they were applying to volunteer, meaning that a 

3 State-only search would not have found relevant 

4 criminal results. In addition, even though volunteers 

5 knew a background check was being performed, over 

6 50 percent of the individuals found to have a crimi7 nal record falsely indicated on their application form 

8 that they did not have a criminal record. 

9 (11) The Child Safety Pilot Program also dem10 onstrates that timely and affordable background 

11 checks are possible, as background checks under 

12 that program are completed within 3 to 5 business 

13 days at a cost of $18. 

14 SEC. 3. BACKGROUND CHECKS. 

15 The National Child Protection Act of 1993 (42 

16 U.S.C. 5119 et seq.) is amended— 

17 (1) by redesignating section 5 as section 6; and 

18 (2) by inserting after section 4 the following: 

19 ‘‘SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY 

20 BACKGROUND CHECKS FOR CHILD-SERVING 

21 ORGANIZATIONS. 

22 ‘‘(a) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘applicant processing center’ 

24 means the applicant processing center established by 

25 the Attorney General under subsection (b)(1); 


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1 ‘‘(2) the term ‘child’ means an individual who 

2 is less than 18 years of age; 

3 ‘‘(3) the term ‘covered entity’ means a business 

4 or organization, whether public, private, for-profit, 

5 nonprofit, or voluntary that provides care, care 

6 placement, supervision, treatment, education, train7 ing, instruction, or recreation to children, including 

8 a business or organization that licenses, certifies, or 

9 coordinates individuals or organizations to provide 

10 care, care placement, supervision, treatment, edu11 cation, training, instruction or recreation to children; 

12 ‘‘(4) the term ‘covered individual’ means an in13 dividual— 

14 ‘‘(A) who has, seeks to have, or may have 

15 unsupervised access to a child served by a cov16 ered entity; and 

17 ‘‘(B) who— 

18 ‘‘(i) is employed by or volunteers with, 

19 or seeks to be employed by or volunteer 

20 with, a covered entity; or 

21 ‘‘(ii) owns or operates, or seeks to 

22 own or operate, a covered entity; 

23 ‘‘(5) the term ‘fitness determination program’ 

24 means the fitness determination program established 

25 under subsection (b)(2); 


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1 ‘‘(6) the term ‘identification document’ has the 

2 meaning given that term in section 1028 of title 18, 

3 United States Code; 

4 ‘‘(7) the term ‘participating entity’ means a 

5 covered entity that is approved under subsection (f) 

6 to receive nationwide background checks from the 

7 applicant processing center and to participate in the 

8 fitness determination program; 

9 ‘‘(8) the term ‘State’ means a State of the 

10 United States, the District of Columbia, the Com11 monwealth of Puerto Rico, American Samoa, the 

12 Virgin Islands, Guam, the Commonwealth of the 

13 Northern Mariana Islands, the Federated States of 

14 Micronesia, the Republic of the Marshall Islands, 

15 and the Republic of Palau; and 

16 ‘‘(9) the term ‘State authorized agency’ means 

17 a division or office of a State designated by that 

18 State to report, receive, or disseminate criminal his19 tory information. 

20 ‘‘(b) ESTABLISHMENT OF PROGRAM.—Not later than 

21 90 days after the date of enactment of the Child Protec22 tion Improvements Act of 2008, the Attorney General 

23 shall 


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1 ‘‘(1) establish within the Federal Government 

2 or through an agreement with a nonprofit entity an 

3 applicant processing center; and 

4 ‘‘(2) enter into an agreement with the National 

5 Center for Missing and Exploited Children, under 

6 which the National Center for Missing and Exploited 

7 Children shall establish a fitness determination pro8 gram. 

9 ‘‘(c) APPLICANT PROCESSING CENTER.— 

10 ‘‘(1) PURPOSE.—The purpose of the applicant 

11 processing center is to streamline the process of ob12 taining nationwide background checks, provide effec13 tive customer service, and facilitate widespread ac14 cess to nationwide background checks by partici15 pating entities. 

16 ‘‘(2) DUTIES.—The applicant processing center 

17 shall— 

18 ‘‘(A) provide information to covered enti19 ties on the requirements to become a partici20 pating entity; 

21 ‘‘(B) provide participating entities with ac22 cess to nationwide background checks on cov23 ered individuals; 


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1 ‘‘(C) receive paper and electronic requests 

2 for nationwide background checks on covered 

3 individuals from participating entities; 

4 ‘‘(D) serve as a national resource center to 

5 provide guidance and assistance to participating 

6 entities on how to submit requests for nation7 wide background checks, how to interpret crimi8 nal history records, how to obtain State crimi9 nal background checks, and other related infor10 mation; 

11 ‘‘(E) to the extent practicable, negotiate an 

12 agreement with each State authorized agency 

13 under which— 

14 ‘‘(i) that State authorized agency shall 

15 conduct a State criminal background check 

16 within the time periods specified in sub17 section (e) in response to a request from 

18 the applicant processing center and provide 

19 criminal history records to the National 

20 Center for Missing and Exploited Children; 

21 and 

22 ‘‘(ii) a participating entity may elect 

23 to obtain a State background check, in ad24 dition to a nationwide background check, 


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1 through 1 unified request to the applicant 

2 processing center; 

3 ‘‘(F) convert all paper fingerprint cards 

4 into an electronic form and securely transmit 

5 all fingerprints electronically to the national 

6 criminal history background check system and, 

7 if appropriate, the State authorized agencies; 

8 ‘‘(G) collect a fee to conduct the nation9 wide background check, and, if appropriate, a 

10 State criminal background check, and remit 

11 fees to the National Center for Missing and Ex12 ploited Children, the Federal Bureau of Inves13 tigation, and the State authorized agencies, as 

14 appropriate; 

15 ‘‘(H) convey the results of the fitness de16 termination to the participating entity that sub17 mitted the request for a nationwide background 

18 check; and 

19 ‘‘(I) coordinate with the Federal Bureau of 

20 Investigation, participating State authorized 

21 agencies, and the National Center for Missing 

22 and Exploited Children to ensure that back23 ground check requests are being completed 

24 within the time periods specified in subsection 

25 (e). 


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1 ‘‘(3) REQUESTS.—A request for a nationwide 

2 background check by a participating entity shall in3 clude— 

4 ‘‘(A) the fingerprints of the covered indi5 vidual, in paper or electronic form; 

6 ‘‘(B) a photocopy of a valid identification 

7 document; and 

8 ‘‘(C) a statement completed and signed by 

9 the covered individual that— 

10 ‘‘(i) sets out the covered individual’s 

11 name, address, and date of birth, as those 

12 items of information appear on a valid 

13 identification document; 

14 ‘‘(ii) states whether the covered indi15 vidual has a criminal record, and, if so, 

16 provides the particulars of such criminal 

17 record; 

18 ‘‘(iii) notifies the covered individual 

19 that the Attorney General and, if appro20 priate, a State authorized agency may per21 form a criminal history background check 

22 and that the signature of the covered indi23 vidual on the statement constitutes an ac24 knowledgment that such a check may be 

25 conducted; 


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1 ‘‘(iv) notifies the covered individual 

2 that prior to and after the completion of 

3 the background check, the participating 

4 entity may choose to deny the covered indi5 vidual access to children; and 

6 ‘‘(v) notifies the covered individual of 

7 the right of the covered individual to cor8 rect an erroneous record of the Attorney 

9 General and, if appropriate, the State au10 thorized agency. 

11 ‘‘(4) FEES.— 

12 ‘‘(A) IN GENERAL.—The applicant proc13 essing center may collect a fee to defray the 

14 costs of carrying out its duties and the duties 

15 of the National Center for Missing and Ex16 ploited Children under this section— 

17 ‘‘(i) for a nationwide background 

18 check and fitness determination, in an 

19 amount not to exceed the lesser of— 

20 ‘‘(I) the actual cost to the appli21 cant processing center and the Na22 tional Center for Missing and Ex23 ploited Children of conducting a na24 tionwide background check and fitness 

25 determination under this section; or 


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1 ‘‘(II)(aa) $25 for a participating 

2 entity that is a nonprofit entity; or 

3 ‘‘(bb) $40 for any other partici4 pating entity; and 

5 ‘‘(ii) for a State criminal background 

6 check described in paragraph (2)(E), in 

7 the amount specified in the agreement with 

8 the applicable State authorized agency, not 

9 to exceed $18. 

10 ‘‘(B) REDUCED FEES.—In determining the 

11 amount of the fees to be collected under sub12 paragraph (A), the applicant processing cen13 ter— 

14 ‘‘(i) shall, to the extent possible, dis15 count such fees for participating entities 

16 that are nonprofit entities; and 

17 ‘‘(ii) may use fees paid by partici18 pating entities that are not nonprofit enti19 ties to reduce the fees to be paid by par20 ticipating entities that are nonprofit enti21 ties. 

22 ‘‘(C) PROHIBITION ON FEES.— 

23 ‘‘(i) IN GENERAL.—A participating 

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1 dividual a surcharge to access a back2 ground check conducted under this section. 

3 ‘‘(ii) VIOLATION.—The Attorney Gen4 eral shall bar any participating entity that 

5 the Attorney General determines violated 

6 clause (i) from submitting background 

7 checks under this section. 

8 ‘‘(d) FITNESS DETERMINATION PROGRAM.— 

9 ‘‘(1) PURPOSE.—The purpose of the fitness de10 termination program is to provide participating enti11 ties with reliable and accurate information regarding 

12 whether a covered individual has been convicted of, 

13 or is under pending arrest or indictment for, a crime 

14 that bears upon the fitness of the covered individual 

15 to have responsibility for the safety and well-being of 

16 the children in their care. 

17 ‘‘(2) REQUIREMENTS OF FITNESS DETERMINA18 TION PROGRAM.—As part of operating the fitness 

19 determination program, the National Center for 

20 Missing and Exploited Children shall— 

21 ‘‘(A) establish procedures to securely re22 ceive criminal background records from the 

23 Federal Bureau of Investigation and, if appro24 priate, State authorized agencies; 


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1 ‘‘(B) make determinations regarding 

2 whether the criminal history record information 

3 received in response to a criminal history back4 ground check conducted under this section indi5 cates that the covered individual has a criminal 

6 history record that may render the covered indi7 vidual unfit to provide care to children, based 

8 on the criteria described in paragraph (3); 

9 ‘‘(C) convey a fitness determination to the 

10 applicant processing center; 

11 ‘‘(D) specify the source of the criminal his12 tory information upon which a fitness deter13 mination is based; and 

14 ‘‘(E) work with the applicant processing 

15 center and the Federal Bureau of Investigation 

16 to develop procedures and processes to ensure 

17 that criminal history background check requests 

18 are being completed within the time periods 

19 specified in subsection (e). 

20 ‘‘(3) CRITERIA.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the fitness determination program 

23 shall use the criteria relating to when criminal 

24 history record information indicates that an in25 dividual has a criminal history record that may 


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1 render the individual unfit to provide care to 

2 children that were established for the Child 

3 Safety Pilot Program under section 108(a)(3) 

4 of the PROTECT Act (42 U.S.C. 5119a note). 

5 ‘‘(B) REVIEW.—The Attorney General and 

6 the National Center for Missing and Exploited 

7 Children, in coordination with national organi8 zations representing a range of covered entities, 

9 shall review the criteria described in subpara10 graph (A) and make any changes needed to use 

11 such criteria in the fitness determination pro12 gram. 

13 ‘‘(e) TIMING.— 

14 ‘‘(1) IN GENERAL.—Criminal background 

15 checks shall be completed not later than 10 business 

16 days after the date that a request for a national 

17 background check is received by the applicant proc18 essing center. The applicant processing center shall 

19 work with the National Center for Missing and Ex20 ploited Children and the Federal Bureau of Inves21 tigation to ensure that the time limits under this 

22 subsection are being achieved. 

23 ‘‘(2) APPLICATION PROCESSING.—The applicant 

24 processing center shall electronically submit a na25 tional background check request to the national 


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1 criminal history background check system and, if ap2 propriate, the participating State authorized agency 

3 not later than 3 business days after the date that a 

4 request for a national background check is received 

5 by the applicant processing center. 

6 ‘‘(3) CONDUCT OF BACKGROUND CHECKS.—The 

7 Federal Bureau of Investigation and, if appropriate, 

8 a State authorized agency shall provide criminal his9 tory records information to the National Center for 

10 Missing and Exploited Children not later than 3 

11 business days after the date that the Federal Bu12 reau of Investigation or State authorized agency, as 

13 the case may be, receives a request for a nationwide 

14 background check from the applicant processing cen15 ter. 

16 ‘‘(4) FITNESS DETERMINATIONS.—The Na17 tional Center for Missing and Exploited Children 

18 shall convey a fitness determination to a partici19 pating entity and the applicant processing center not 

20 later than 4 business days after the date that the 

21 National Center for Missing and Exploited Children 

22 has received criminal history records from the Fed23 eral Bureau of Investigation and, if appropriate, 

24 each applicable State authorized agency. 

25 ‘‘(f) PARTICIPATION IN PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The applicant processing 

2 center shall determine whether an entity is a covered 

3 entity and whether that covered entity should be ap4 proved as a participating entity, based on the con5 sultation conducted under paragraph (2). 

6 ‘‘(2) CONSULTATION.—In determining how 

7 many covered entities to approve as participating en8 tities, the applicant processing center shall consult 

9 quarterly with the Federal Bureau of Investigation 

10 and the National Center for Missing and Exploited 

11 Children to determine the volume of requests for fit12 ness determinations that can be completed, based on 

13 the capacity of the applicant processing center and 

14 the fitness determination program, the availability of 

15 resources, and the demonstrated need for such de16 terminations in order to protect children. 

17 ‘‘(3) PREFERENCE FOR NONPROFIT ORGANIZA18 TIONS.—In determining whether a covered entity 

19 should be approved as a participating entity under 

20 paragraph (1), the applicant processing center shall 

21 give preference to any organization participating in 

22 the Child Safety Pilot Program under section 

23 108(a)(3) of the PROTECT Act (42 U.S.C. 5119a 

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1 tion Improvements Act of 2008 and to any other 

2 nonprofit organizations. 

3 ‘‘(g) RIGHTS OF COVERED INDIVIDUALS.— 

4 ‘‘(1) IN GENERAL.—A covered individual who is 

5 the subject of a nationwide background check under 

6 this section may contact the Federal Bureau of In7 vestigation and, if appropriate, a State authorized 

8 agency to— 

9 ‘‘(A) request that the full criminal history 

10 report of that covered individual be provided to 

11 that covered individual or the applicable partici12 pating entity not later than 10 business days 

13 after the date of that request; and 

14 ‘‘(B) challenge the accuracy and complete15 ness of the criminal history record information 

16 in the criminal history report. 

17 ‘‘(2) RESOLUTION OF CHALLENGES.—The Fed18 eral Bureau of Investigation and, if appropriate, a 

19 State authorized agency shall promptly make a de20 termination regarding the accuracy and complete21 ness of any criminal history record information chal22 lenged under paragraph (1)(B). 

23 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to the Attorney General $5,000,000 for 

3 fiscal year 2008, to— 

4 ‘‘(A) establish and carry out the duties of 

5 the applicant processing center established 

6 under this section; 

7 ‘‘(B) establish and carry out the fitness de8 termination program; and 

9 ‘‘(C) pursue technologies and procedures to 

10 streamline and automate processes to enhance 

11 cost efficiency. 

12 ‘‘(2) FITNESS DETERMINATIONS.—There are 

13 authorized to be appropriated to the Attorney Gen14 eral to carry out the agreement under this section 

15 with the National Center for Missing and Exploited 

16 Children $1,000,000 for each of fiscal years 2009 

17 through 2013 to support the fitness determination 

18 program and so that fees for nonprofit organizations 

19 under that program are as low as possible. 

20 ‘‘(3) SENSE OF CONGRESS.—It is the sense of 

21 Congress that in fiscal year 2009, and each fiscal 

22 year thereafter, the fees collected by the applicant 

23 processing center should be sufficient to carry out 

24 the duties of the applicant processing center under 


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1 this section and to help support the fitness deter2 mination program. 

3 ‘‘(i) REPORT TO CONGRESS.—The Attorney General 

4 shall, on an annual basis, submit to Congress a report on 

5 the participating entities, the number of covered individ6 uals submitting applications under this section, and the 

7 data on the number and types of fitness determinations 

8 issued under this section. 

9 ‘‘(j) LIMITATION ON LIABILITY.— 

10 ‘‘(1) IN GENERAL.—A participating entity shall 

11 not be liable in an action for damages solely for fail12 ure to conduct a criminal background check on a 

13 covered individual, nor shall a State or political sub14 division thereof nor any agency, officer, or employee 

15 thereof, be liable in an action for damages for the 

16 failure of a participating entity (other than itself) to 

17 take action adverse to a covered individual who was 

18 the subject of a background check. 

19 ‘‘(2) RELIANCE.—The applicant processing cen20 ter or a participating entity that reasonably relies on 

21 a fitness determination or criminal history record in22 formation received in response to a background 

23 check under this section shall not be liable in an ac24 tion for damages based on the inaccuracy or incom25 pleteness of that information. 


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1 ‘‘(3) NATIONAL CENTER FOR MISSING AND EX2 PLOITED CHILDREN.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraphs (B) and (C), the National Cen5 ter for Missing and Exploited Children, includ6 ing a director, officer, employee, or agent of the 

7 National Center for Missing and Exploited Chil8 dren, shall not be liable in an action for dam9 ages relating to the performance of the respon10 sibilities and functions of the National Center 

11 for Missing and Exploited Children under this 

12 section. 

13 ‘‘(B) INTENTIONAL, RECKLESS, OR OTHER

14 MISCONDUCT.—Subparagraph (A) shall not 

15 apply in an action if the National Center for 

16 Missing and Exploited Children, or a director, 

17 officer, employee, or agent of the National Cen18 ter for Missing and Exploited Children, engaged 

19 in intentional misconduct or acted, or failed to 

20 act, with actual malice, with reckless disregard 

21 to a substantial risk of causing injury without 

22 legal justification, or for a purpose unrelated to 

23 the performance of responsibilities or functions 

24 under this section. 


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1 ‘‘(C) ORDINARY BUSINESS ACTIVITIES.— 

2 Subparagraph (A) shall not apply to an act or 

3 omission relating to an ordinary business activ4 ity, such as an activity involving general admin5 istration or operations, the use of motor vehi6 cles, or personnel management.’’. 

7 SEC. 4. EXTENSION OF CHILD SAFETY PILOT. 

8 Section 108(a)(3)(A) of the PROTECT Act (42 

9 U.S.C. 5119a note) is amended— 

10 (1) by striking ‘‘60-month’’; and 

11 (2) by adding at the end the following: ‘‘The 

12 Child Safety Pilot Program under this paragraph 

13 shall terminate on the date that the program for na14 tional criminal history background checks for child15 serving organizations established under the Child 

16 Protection Improvements Act of 2008 is operating 

17 and able to enroll any organization using the Child 

18 Safety Pilot Program.’’. 

Æ 


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