IB
Union Calendar No. 218
103D CONGRESS
1ST SESSION
H. R. 1237
[Report No. 103–393]
To establish procedures for national criminal background checks for child
care providers.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1993
Mrs. SCHROEDER (for herself, Mr. EDWARDS of California, Mr. CRAMER, Mr.
KOPETSKI, Mr. RAMSTAD, Mr. SHAYS, and Mr. SMITH of Oregon) intro-
duced the following bill; which was referred to the Committee on the
Judiciary
NOVEMBER 20, 1993
Additional sponsors: Ms. PELOSI, Mr. FRANK of Massachusetts, Mr. YATES,
Mr. BARCIA of Michigan, Mr. BERMAN, Mr. TOWNS, Ms. SLAUGHTER,
Mr. PETERSON of Minnesota, Mr. FROST, Mr. WHEAT, Mr. PARKER, Mr.
BEREUTER, Miss COLLINS of Michigan, Mrs. MEEK, Mr. LAZIO, Mr.
HYDE, Mr. COLEMAN, Mr. CLEMENT, Mr. WYNN, Ms. ROYBAL-ALLARD,
Mr. NADLER, Mr. EVANS, Ms. MCKINNEY, Mr. ENGEL, Mr. NEAL of
Massachusetts, Mr. STARK, Mr. BONIOR, Mr. BISHOP, Mr. RUSH, Mr.
WAXMAN, Ms. LOWEY, Mr. MINGE, Mr. BROWN of California, Mr. ACK-
ERMAN, and Mr. REED
NOVEMBER 20, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 4, 1993]
A BILL
To establish procedures for national criminal background
checks for child care providers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Child Protec-
tion Act of 1993’’.
SEC. 2. REPORTING CHILD ABUSE CRIME INFORMATION.
(a) IN GENERAL.—In each State, an authorized crimi-
nal justice agency of the State shall report child abuse crime
information to, or index child abuse crime information in,
the national criminal history background check system.
(b) PROVISION
OF
STATE
CHILD
ABUSE
CRIME
RECORDS THROUGH THE NATIONAL CRIMINAL HISTORY
BACKGROUND CHECK SYSTEM.—(1) Not later than 180
days after the date of enactment of this Act, the Attorney
General shall—
(A) investigate the criminal history records sys-
tem of each State and determine for each State a
timetable by which the State should be able to provide
child abuse crime records on an on-line basis through
the national criminal history background check sys-
tem;
(B) in consultation with State officials, establish
guidelines for the reporting or indexing of child abuse
crime information, including guidelines relating to
the format, content, and accuracy of criminal history
records and other procedures for carrying out this
Act; and
(C) notify each State of the determinations made
pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
each State timetable that the State—
(A) by not later than the date that is 3 years
after the date of enactment of this Act, have in a com-
puterized criminal history file at least 80 percent of
the final dispositions that have been rendered in all
identifiable child abuse crime cases in which there has
been an event of activity within the last 5 years;
(B) continue to maintain a reporting rate of at
least 80 percent for final dispositions in all identifi-
able child abuse crime cases in which there has been
an event of activity within the preceding 5 years; and
(C) take steps to achieve 100 percent disposition
reporting, including data quality audits and periodic
notices to criminal justice agencies identifying records
that lack final dispositions and requesting those dis-
positions.
(c) LIAISON.—An authorized agency of a State shall
maintain close liaison with the National Center on Child
Abuse and Neglect, the National Center for Missing and Ex-
ploited Children, and the National Center for the Prosecu-
tion of Child Abuse for the exchange of technical assistance
in cases of child abuse.
(d) ANNUAL SUMMARY.—(1) The Attorney General
shall publish an annual statistical summary of the child
abuse crime information reported under this Act.
(2) The annual statistical summary described in para-
graph (1) shall not contain any information that may
reveal the identity of any particular victim or alleged
violator.
(e) ANNUAL REPORT.—The Attorney General shall
publish an annual summary of each State’s progress in re-
porting child abuse crime information to the national
criminal history background check system.
(f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not
later than 180 days after the date of enactment of this Act,
the Administrator of the Office of Juvenile Justice and De-
linquency Prevention shall begin a study based on a statis-
tically significant sample of convicted child abuse offenders
and other relevant information to determine—
(A) the percentage of convicted child abuse of-
fenders who have more than 1 conviction for an of-
fense involving child abuse;
(B) the percentage of convicted child abuse of-
fenders who have been convicted of an offense involv-
ing child abuse in more than 1 State; and
(C) the extent to which and the manner in which
instances of child abuse form a basis for convictions
for crimes other than child abuse crimes.
(2) Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the
Chairman of the Committee on the Judiciary of the Senate
and the Chairman of the Committee on the Judiciary of
the House of Representatives containing a description of
and a summary of the results of the study conducted pursu-
ant to paragraph (1).
SEC. 3. BACKGROUND CHECKS.
(a) IN GENERAL.—(1) A State may have in effect pro-
cedures (established by State statute or regulation) that re-
quire qualified entities designated by the State to contact
an authorized agency of the State to request a nationwide
background check for the purpose of determining whether
a provider has been convicted of a crime that bears upon
an individual’s fitness to have responsibility for the safety
and well-being of children.
(2) The authorized agency shall access and review
State and Federal criminal history records through the na-
tional criminal history background check system and shall
make reasonable efforts to respond to the inquiry within
15 business days.
(b) GUIDELINES.—The procedures established under
subsection (a) shall require—
(1) that no qualified entity may request a back-
ground check of a provider under subsection (a) un-
less the provider first provides a set of fingerprints
and completes and signs a statement that—
(A) contains the name, address, and date of
birth of the provider;
(B) the provider has not been convicted of
a crime and, if the provider has been convicted
of a crime, contains a description of the crime
and the particulars of the conviction;
(C) notifies the provider that the entity may
request a background check under subsection (a);
(D) notifies the provider of the provider’s
rights under paragraph (2); and
(E) notifies the provider that prior to the
completion of the background check the qualified
entity may choose to deny the provider unsuper-
vised access to a child to whom the qualified en-
tity provides child care;
(2) that each provider who is the subject of a
background check is entitled—
(A) to obtain a copy of any background
check report; and
(B) to challenge the accuracy and complete-
ness of any information contained in any such
report and obtain a prompt determination as to
the validity of such challenge before a final deter-
mination is made by the authorized agency;
(3) that an authorized agency, upon receipt of a
background check report lacking disposition data,
shall conduct research in whatever State and local
recordkeeping systems are available in order to obtain
complete data;
(4) that the authorized agency shall make a de-
termination whether the provider has been convicted
of a crime that bears upon an individual’s fitness to
have responsibility for the safety and well-being of
children and shall convey that determination to the
qualified entity; and
(5) that any background check under subsection
(a) and the results thereof shall be handled in accord-
ance with the requirements of Public Law 92–544.
(c) REGULATIONS.—(1) The Attorney General may by
regulation prescribe such other measures as may be required
to carry out the purposes of this Act, including measures
relating to the security, confidentiality, accuracy, use, mis-
use, and dissemination of information, and audits and
recordkeeping.
(2) The Attorney General shall, to the maximum extent
possible, encourage the use of the best technology available
in conducting background checks.
(d) LIABILITY.—A qualified entity shall not be liable
in an action for damages solely for failure to conduct a
criminal background check on a provider, nor shall a State
or political subdivision thereof nor the officers or employees
thereof, be liable in an action for damages for failure to
comply with this Act.
(e) FEES.—In the case of a background check con-
ducted with fingerprints on a person who volunteers with
a qualified entity, the fees collected by authorized State
agencies and the Federal Bureau of Investigation may not
exceed the fees otherwise established and collected for name
checks.
SEC. 4. FUNDING FOR IMPROVEMENT OF CHILD ABUSE
CRIME INFORMATION.
(a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN
STATE RECORDS AND SYSTEMS.—Section 509(b) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3759(b)) is amended—
(1) in paragraph (2) by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (3) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4) the improvement of State record systems
and the sharing of all of the records described in
paragraphs (1), (2), and (3) and the child abuse
crime records required under the National Child Pro-
tection Act of 1993 with the Attorney General for the
purpose of implementing the National Child Protec-
tion Act of 1993.’’.
(b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVE-
MENT OF CHILD ABUSE CRIME INFORMATION.—(1) The At-
torney General shall, subject to appropriations and with
preference to States that, as of the date of enactment of this
Act, have in computerized criminal history files the lowest
percentages of charges and dispositions of identifiable child
abuse cases, make a grant to each State to be used—
(A) for the computerization of criminal history
files for the purposes of this Act;
(B) for the improvement of existing computerized
criminal history files for the purposes of this Act;
(C) to improve accessibility to the national
criminal history background check system for the pur-
poses of this Act; and
(D) to assist the State in the transmittal of
criminal records to, or the indexing of criminal his-
tory record in, the national criminal history back-
ground check system for the purposes of this Act.
(2) There are authorized to be appropriated for grants
under paragraph (1) a total of $20,000,000 for fiscal years
1994, 1995, 1996, and 1997.
(c) WITHHOLDING STATE FUNDS.—Effective 1 year
after the date of enactment of this Act, the Attorney General
may reduce, by up to 10 percent, the allocation to a State
for a fiscal year under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 that is not in compliance with
the requirements of this Act.
SEC. 5. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘authorized agency’’ means a divi-
sion or office of a State designated by a State to re-
port, receive, or disseminate information under this
Act;
(2) the term ‘‘child’’ means a person who is a
child for purposes of the criminal child abuse law of
a State;
(3) the term ‘‘child abuse crime’’ means a crime
committed under any law of a State that involves the
physical or mental injury, sexual abuse or exploi-
tation, negligent treatment, or maltreatment of a
child by any person;
(4) the term ‘‘child abuse crime information’’
means the following facts concerning a person who
has been arrested for, is under indictment for, or has
been convicted of, a child abuse crime: full name,
race, sex, date of birth, height, weight, fingerprints, a
brief description of the child abuse crime or offenses
for which the person has been arrested or is under in-
dictment or has been convicted, the disposition of the
charge, and any other information that the Attorney
General determines may be useful in identifying per-
sons arrested for, under indictment for, or convicted
of, a child abuse crime;
(5) the term ‘‘child care’’ means the provision of
care, treatment, education, training, instruction, su-
pervision, or recreation to children by persons having
unsupervised access to a child;
(6) the term ‘‘national criminal history back-
ground check system’’ means the criminal history
record system maintained by the Federal Bureau of
Investigation based on fingerprint identification or
any other method of positive identification;
(7) the term ‘‘provider’’ means
(A) a person who—
(i) is employed by or volunteers with a
qualified entity;
(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsuper-
vised access to a child to whom the qualified
entity provides child care; and
(B) a person who—
(i) seeks to be employed by or volunteer
with a qualified entity;
(ii) seeks to own or operate a qualified
entity; or
(iii) seeks to have or may have unsu-
pervised access to a child to whom the
qualified entity provides child care;
(8) the term ‘‘qualified entity’’ means a business
or organization, whether public, private, for-profit,
not-for-profit, or voluntary, that provides child care
or child care placement services, including a business
or organization that licenses or certifies others to pro-
vide child care or child care placement services; and
(9) the term ‘‘State’’ means a State, the District
of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, and the
Trust Territories of the Pacific.