SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Protection Im-
provements Act of 2010’’. 
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 Auto-
mated Fingerprint Identification System of the Fed-
eral Bureau of Investigation maintains fingerprints 
and 
criminal 
history 
records 
on 
more 
than 
65,000,000 individuals, many of whom have been ar-
rested or convicted multiple times. 
(3) A study released in 2002, found that, of in-
dividuals released from prison in 15 States in 1994, 
an estimated 67.5 percent were rearrested for a fel-
ony 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 history records and the vulnerability of the 
population they work with, human service organiza-
tions that work with children need an effective and 
reliable means of obtaining relevant information 
about criminal histories in order to determine the 
suitability of a potential volunteer or employee. 
(5) The large majority of Americans (88 per-
cent) favor granting youth-serving organizations ac-
cess to conviction records for screening volunteers 
and 59 percent favored allowing youth-serving orga-
nizations to consider arrest records when screening 
volunteers. This was the only use for which a major-
ity of those surveyed favored granting access to ar-
rest records. 
(6) Congress has previously attempted to en-
sure that States make Federal Bureau of Investiga-
tion criminal history background checks available to 
organizations seeking to screen employees and volun-
teers who work with children, the elderly, and indi-
viduals 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 con-
ducted by MENTOR/National Mentoring Partner-
ship found that only 18 States allowed youth men-
toring organizations to access nationwide Federal 
Bureau of Investigation background searches. 
(7) Even when accessible, the cost of a criminal 
history background check can be prohibitively expen-
sive, ranging from $5 to $75 for a State fingerprint 
check, plus the Federal Bureau of Investigation fee, 
which ranges from $15.25 to $30.25, depending on 
the method of processing, 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 In-
vestigation 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 sec-
tion 108 of the PROTECT Act (42 U.S.C. 5119a 
note) revealed the importance of performing finger-
print-based Federal Bureau of Investigation criminal 
history background checks. Of 68,000 background 
checks performed through the pilot program as of 
May 2009, 6 percent of volunteer applicants were
found to have a criminal history of concern, includ-
ing very serious offenses such as sexual abuse of mi-
nors, assault, child cruelty, murder, and serious 
drug offenses. 
(10) In an analysis performed on the volunteers 
screened by the Child Safety Pilot Program, it was 
found that over 41 percent of the individuals with 
criminal histories had committed an offense in a 
State other than the State in which they were apply-
ing 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 history falsely 
indicated on their application form that they did not 
have a criminal history. 
(11) The Child Safety Pilot Program also dem-
onstrates 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 ‘background check designee’ 
means the entity or organization, if any, designated 
by or entering an agreement with the Attorney Gen-
eral under subsection (b)(3)(A) to carry out or assist 
in carrying out the duties described in subsection 
(c); 
‘‘(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, train-
ing, 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, edu-
cation, training, instruction, or recreation to chil-
dren; 
‘‘(4) the term ‘covered individual’ means an in-
dividual—
‘‘(A) who has, seeks to have, or may have 
unsupervised access to a child served by a cov-
ered 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 review designee’ 
means an entity or organization, if any, designated 
by or entering an agreement with the Attorney Gen-
eral under subsection (b)(3)(B) to carry out or as-
sist in carrying out the criminal history review pro-
gram; 
‘‘(6) the term ‘criminal history review program’ 
means the program established under subsection 
(b)(1)(B); 
‘‘(7) the term ‘identification document’ has the 
meaning given that term in section 1028 of title 18, 
United States Code; 
‘‘(8) 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 re-
ceive nationwide background checks in accord-
ance with subsection (c) and participate in the 
criminal history review program; 
‘‘(9) the term ‘qualified State program’ means 
a program of a State authorized agency that the At-
torney General determines is meeting the standards 
identified in subsection (b)(2) to ensure that a wide 
range of youth-serving organizations have affordable 
and timely access to nationwide background checks; 
‘‘(10) the term ‘open arrest’ means an arrest 
relating to which charges may still be brought, tak-
ing into consideration the applicable statute of limi-
tations; 
‘‘(11) the term ‘pending charge’ means a crimi-
nal charge that has not been resolved through con-
viction, acquittal, dismissal, plea bargain, or any 
other means; 
‘‘(12) the term ‘State’ means a State of the 
United States, the District of Columbia, the Com-
monwealth 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
‘‘(13) the term ‘State authorized agency’ means 
a division or office of a State designated by that 
State to report, receive, or disseminate criminal his-
tory information. 
‘‘(b) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Child Protection Im-
provements Act of 2010, the Attorney General 
shall— 
‘‘(A) establish policies and procedures to 
carry out the duties described in subsection (c); 
and 
‘‘(B) establish a criminal history review 
program in accordance with subsection (d). 
‘‘(2) ASSESSMENTS.—The Attorney General 
shall conduct— 
‘‘(A) an annual assessment of each State 
authorized agency to determine whether the 
agency operates a qualified State program, in-
cluding a review of whether the State author-
ized 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 $25 and the fee 
charged by the Federal Bureau of Inves-
tigation for a nationwide background 
check; and 
‘‘(iii) returns requests for State crimi-
nal 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 de-
scribed in that subparagraph of a State author-
ized 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 re-
ports from covered entities indicating that 
a State authorized agency that has a quali-
fied State program no longer meets the 
standards described in subparagraph (A).
‘‘(3) 
DESIGNEES.—The 
Attorney 
General 
may— 
‘‘(A) designate one or more Federal gov-
ernment agencies or enter into an agreement 
with any other entity or organization, or enti-
ties or organizations to carry out or assist in 
carrying out the duties described in subsection 
(c); and 
‘‘(B) designate a Federal government 
agency or enter into an agreement with 1 or 
more Federal, State, or local government agen-
cies to carry out or assist in carrying out the 
criminal history review program. 
‘‘(c) 
ACCESS
TO
NATIONWIDE
BACKGROUND 
CHECKS.— 
‘‘(1) PURPOSE.—The purpose of this section is 
to streamline the process of obtaining nationwide 
background checks, provide effective customer serv-
ice, and facilitate widespread access to nationwide 
background checks by participating entities. 
‘‘(2) DUTIES.—The Attorney General or the 
background check designee shall— 
‘‘(A) handle inquiries from covered entities 
and inform covered entities about how to re-
quest 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 require-
ments to become a participating entity; 
‘‘(B) provide participating entities with ac-
cess to nationwide background checks on cov-
ered individuals in accordance with this section; 
‘‘(C) receive paper and electronic requests 
for nationwide background checks on covered 
individuals from participating entities; 
‘‘(D) to the extent practicable, negotiate 
an agreement with each State authorized agen-
cy under which— 
‘‘(i) that State authorized agency shall 
conduct a State criminal background check 
within the time periods specified in sub-
section (e) in response to a request from 
the Attorney General or the background 
check designee and provide criminal his-
tory records to the Attorney General or the 
criminal history review designee; and
‘‘(ii) a participating entity may elect 
to obtain a State criminal background 
check, in addition to a nationwide back-
ground check, through 1 unified request to 
the Attorney General or the background 
check designee; 
‘‘(E) 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; 
‘‘(F) collect a fee to conduct the nation-
wide background check, and, if appropriate, a 
State criminal background check, and remit 
fees to the Attorney General or the criminal 
history review designee, the Federal Bureau of 
Investigation, and, if appropriate, the State au-
thorized agencies; and 
‘‘(G) coordinate with the Federal Bureau 
of Investigation, participating State authorized 
agencies, and the Attorney General or the 
criminal history review designee to ensure that 
background check requests are being completed 
within the time periods specified in subsection 
(e).
‘‘(3) REQUIRED INFORMATION.—A request for 
a nationwide background check by a participating 
entity shall include— 
‘‘(A) the fingerprints of the covered indi-
vidual, 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, and demographic 
characteristics 
defined 
at 
subsection 
(j)(2)(A); 
‘‘(ii) notifies the covered individual 
that the Attorney General and, if appro-
priate, a State authorized agency may per-
form a criminal history background check 
and that the signature of the covered indi-
vidual on the statement constitutes an ac-
knowledgment that such a check may be 
conducted; 
‘‘(iii) notifies the covered individual 
that the signature of the covered individual
constitutes consent to participate in the 
criminal history review program, under 
which the participating entity may be in-
formed if the criminal history records of 
the covered individual reveal a criminal 
history that warrants special concern or 
further inquiry; 
‘‘(iv) notifies the covered individual 
that the covered individual shall be pro-
vided with a copy of the criminal history 
records of the covered individual and shall 
have 10 business days to review the 
records, challenge the accuracy or com-
pleteness of any information in the 
records, or withdraw consent to participate 
in the criminal history review program be-
fore any information about the criminal 
history of the covered individual is pro-
vided to the participating entity; and 
‘‘(v) notifies the covered individual 
that prior to and after the completion of 
the background check, the participating 
entity may choose to deny the covered indi-
vidual access to children. 
‘‘(4) FEES.—
‘‘(A) IN GENERAL.—The Attorney General 
or the background check designee may collect a 
fee to defray the costs of carrying out the du-
ties described in this subsection, the costs of 
the Federal Bureau of Investigation and State 
and local agencies in resolving the accuracy of 
criminal history records of covered individuals, 
and the duties of the criminal history review 
designee under this section— 
‘‘(i) for a nationwide background 
check and criminal history review, in an 
amount not to exceed the lesser of— 
‘‘(I) the sum of— 
‘‘(aa) the actual cost to the 
Attorney General or the back-
ground check designee of con-
ducting a nationwide background 
check; and 
‘‘(bb) the actual cost to the 
Attorney General or the criminal 
history review designee of con-
ducting a criminal history review 
under this section; or 
‘‘(II) to the extent practicable, no 
greater than $25 for a covered indi-
vidual who volunteers with a covered 
entity except that where practicable 
the fee may be waived by the Attorney 
General upon a showing of substantial 
hardship; and 
‘‘(ii) for a State criminal background 
check described in paragraph (2)(D), in 
the amount specified in the agreement with 
the applicable State authorized agency, not 
to exceed $25. 
‘‘(B) PROHIBITION ON FEES.— 
‘‘(i) IN
GENERAL.—A participating 
entity may not charge another entity or in-
dividual a surcharge to access a back-
ground check conducted under this section. 
‘‘(ii) VIOLATION.—The Attorney Gen-
eral shall bar any participating entity that 
the Attorney General determines violated 
clause (i) from submitting background 
checks under this section. 
‘‘(d) CRIMINAL HISTORY REVIEW PROGRAM.— 
‘‘(1) PURPOSE.—The purpose of the criminal 
history review program is to provide participating 
entities with reliable and accurate information re-
garding whether a covered individual has been con-
victed of, or has an open arrest or pending charges 
for, a crime that may bear upon the fitness of the 
covered individual to have responsibility for the safe-
ty and well-being of the children in their care. 
‘‘(2) REQUIREMENTS.—The Attorney General 
or the criminal history review designee shall— 
‘‘(A) establish procedures to securely re-
ceive criminal history records from the Federal 
Bureau of Investigation, if necessary, and from 
State authorized agencies, if appropriate; 
‘‘(B) after receiving a criminal history 
record from the Federal Bureau of Investiga-
tion transmit to the covered individual— 
‘‘(i) the criminal history records; 
‘‘(ii) a detailed notification of the 
rights of the covered individual under sub-
section (g); and 
‘‘(iii) information about how to con-
tact the Attorney General or criminal his-
tory review designee for the purpose of 
challenging the accuracy or completeness 
of any information in the criminal history 
record or to withdraw consent to partici-
pate in the criminal history review pro-
gram;
‘‘(C) if the covered individual informs the 
Attorney General or criminal history review des-
ignee that the covered individual intends to 
challenge the accuracy or completeness of any 
information in the criminal history record, as-
sist the covered individual in contacting the ap-
propriate persons or offices within the Federal 
Bureau of Investigation or State authorized 
agency; 
‘‘(D) 
make 
determinations 
regarding 
whether the criminal history records received in 
response to a criminal history background check 
conducted under this section indicate that the 
covered individual has a criminal history that 
may bear on the covered individual’s fitness to 
provide care to children, based solely on the cri-
teria described in paragraph (3); 
‘‘(E) unless the covered individual has 
withdrawn consent to participate in the criminal 
history review program, convey to the partici-
pating entity that submitted the request for a 
nationwide background check— 
‘‘(i) which of the 3 categorizations de-
scribed in paragraph (3) criminal convic-
tion of special concern identified, further
inquiry recommended, or no criminal 
records of special concern identified apply 
to the covered individual; 
‘‘(ii) information and guidance relat-
ing to the appropriate use of criminal his-
tory information when making decisions re-
garding hiring employees and using volun-
teers; 
‘‘(iii) if a criminal history that meets 
the criteria set forth in subparagraph (A) 
or (B) of paragraph (3) is found, a rec-
ommendation to the participating entity to 
consult with the covered individual in order 
to obtain more information about the 
criminal history of the covered individual, 
and a list of factors to consider in assess-
ing the significance of that criminal his-
tory, including— 
‘‘(I) the nature, gravity, and cir-
cumstances of the offense, including 
whether the individual was convicted 
of the offense; 
‘‘(II) the period of time that has 
elapsed since the date of the offense
or end of a period of incarceration or 
supervised release; 
‘‘(III) the nature of the position 
held or sought; and 
‘‘(IV) any evidence of rehabilita-
tion; and 
‘‘(iv) instructions and guidance that, 
in evaluating the considerations described 
in clause (iii), the participating entity 
should consult the Equal Employment Op-
portunity Commission Policy Statement on 
the Issue of Conviction Records under 
Title VII of the Civil Rights Act or any 
successor thereto issued by the Equal Em-
ployment Opportunity Commission; 
‘‘(F) if a covered individual has withdrawn 
consent to participate in the criminal history re-
view program, inform the participating entity 
that consent has been withdrawn; 
‘‘(G) work with the Attorney General or 
the background check designee and the Federal 
Bureau of Investigation to develop processes 
and procedures to ensure that criminal history 
background check requests are completed within 
the time periods specified in subsection (e); and
pertaining to race, color, ancestry, national ori-
gin, age, sex, and marital status. 
‘‘(B) COMPILING.—Beginning within 90 
days after the establishment of the program 
under subsection (b), the Attorney General shall 
compile data regarding— 
‘‘(i) the number and types of partici-
pating entities; 
‘‘(ii) the fees charged to participating 
entities under this section; 
‘‘(iii) the time interval between na-
tionwide 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 sub-
mitting a statement described in subsection 
(c)(3)(A)(iii) as part of a request for a na-
tionwide background check; 
‘‘(vi) the number and demographic 
characteristics of covered individuals deter-
mined to have a criminal history; 
‘‘(vii) the number, type (including the 
identity of the offense and whether the of-
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, crimi-
nal 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.—The Attorney General 
shall promulgate regulations to ensure the en-
forcement of the nondisclosure requirements 
under paragraph (1) and to provide for appro-
priate sanctions in the case of violations of the 
requirements. 
‘‘(B) PARTICIPATING ENTITIES AND DES-
IGNEES.—The participation in any program 
under this section by an entity or organization 
that enters into an agreement with the Attorney
General to carry out the duties described in 
subsection (c) or to carry out the criminal his-
tory review program shall be conditioned on the 
person— 
‘‘(i) establishing procedures to ensure 
compliance with, and respond to any viola-
tions of, paragraph (1); and 
‘‘(ii) maintaining substantial compli-
ance with paragraph (1). 
‘‘(3) DESTRUCTION OF RECORDS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Attorney General, the 
background check designee, and the criminal 
history review designee shall destroy any finger-
prints, either in paper or electronic form, or 
criminal history record received for the purpose 
of carrying out the provisions of this Act after 
any transaction based on the fingerprints or 
criminal history record is completed, and shall 
not maintain the fingerprints, the criminal his-
tory records, or the information in the criminal 
history record in any form. This paragraph 
shall not apply to the retention of fingerprints 
by the FBI, upon consent of the covered indi-
vidual or in accordance with State or Federal