ited by a felony described in section 
471(a)(20)(A) of the Social Security Act 
(42 U.S.C. 671(a)(20)(A)); 
‘‘(ii) a conviction for a serious mis-
demeanor, not committed against a child, 
involving the same type of conduct prohib-
ited by a felony described in section 
471(a)(20)(A) of the Social Security Act 
(42 U.S.C. 671(a)(20)(A)) unless 5 years 
has elapsed since the later of the date of 
conviction and the date of release of the 
person from imprisonment for that convic-
tion; 
‘‘(iii) an open arrest or pending 
charge for a felony described in, or a seri-
ous misdemeanor involving the same type 
of conduct prohibited by a felony described 
in, section 471(a)(20)(A) of the Social Se-
curity Act (42 U.S.C. 671(a)(20)(A)); and 
‘‘(C) assign a categorization of no criminal 
records of special concern identified for a cov-
ered individual that does not meet the criteria 
described in subparagraph (A) or (B). 
‘‘(e) TIMING.—
‘‘(1) IN
GENERAL.—Unless exceptional cir-
cumstances apply, criminal background checks shall 
be completed according to the time frame under this 
subsection. The Attorney General or the background 
check designee shall work with the criminal history 
review designee and the Federal Bureau of Inves-
tigation to ensure that the time limits under this 
subsection are being achieved. 
‘‘(2) APPLICATION PROCESSING.—The Attorney 
General or the background check designee shall elec-
tronically submit a national background check re-
quest to the Federal Bureau of Investigation and, if 
appropriate, the participating State authorized agen-
cy not later than 2 business days after the date on 
which a request for a national background check is 
received by the Attorney General or the background 
check designee. 
‘‘(3) CONDUCT OF BACKGROUND CHECKS.—The 
Federal Bureau of Investigation and, if appropriate, 
a State authorized agency shall provide criminal his-
tory records to the Attorney General or the criminal 
history review designee not later than 2 business 
days after the date on which the Federal Bureau of 
Investigation or State authorized agency, as the case 
may be, receives a request for a nationwide back-
ground check from the Attorney General or the 
background check designee. 
‘‘(4) PROVISION OF RECORDS TO COVERED IN-
DIVIDUALS
AND
OPPORTUNITY
TO
CHALLENGE.— 
When the Attorney General or the criminal history 
review designee finds that a covered individual’s 
criminal history records fall with the categorizations 
described in subparagraph (A) or (B) of subsection 
(d)(3), the Attorney General or criminal history re-
view designee shall provide the covered individual 
with the criminal history records of the covered indi-
vidual and a detailed notification of the rights of the 
covered individual under subsection (g) not later 
than 1 business day after the date on which the At-
torney General or criminal history review designee 
receives a criminal history record from the Federal 
Bureau of Investigation and, if necessary, resolves 
any potentially incomplete information in accordance 
with subsection (d)(2)(B). The covered individual 
shall have 10 business days from the date sent to 
challenge the accuracy or completeness of any infor-
mation in the criminal history record or to withdraw 
consent to participate in the criminal history review 
program.
‘‘(5) CRIMINAL HISTORY REVIEWS.—Unless the 
Federal Bureau of Investigation certifies that fur-
ther time is required to resolve a challenge brought 
by a covered individual, the Attorney General or the 
criminal history review designee shall convey to the 
participating entity the information set forth in sub-
paragraph (F) or (G) of subsection (d)(2), as appro-
priate, 10 business days after providing the covered 
individuals with the criminal history records of the 
covered individual and a notification of their rights 
under subsection (g). 
‘‘(f) PARTICIPATION IN PROGRAM.— 
‘‘(1) IN GENERAL.—The Attorney General or 
the background check designee shall determine 
whether an entity is a covered entity and whether 
that covered entity should be approved as a partici-
pating 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 en-
tities, the Attorney General or the background check 
designee shall consult quarterly with the Federal
Bureau of Investigation and the criminal history re-
view designee to determine the volume of requests 
for national background checks that can be com-
pleted, based on the capacity of the criminal history 
review program and the Federal Bureau of Inves-
tigation, the availability of resources, and the dem-
onstrated need for national background checks in 
order to protect children. 
‘‘(3) PREFERENCE FOR NONPROFIT ORGANIZA-
TIONS.—In determining whether a covered entity 
should be approved as a participating entity under 
paragraph (1), the Attorney General or the back-
ground check designee 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 enact-
ment of the Child Protection Improvements Act of 
2010 and to any other nonprofit organizations. 
‘‘(g) RIGHT OF COVERED INDIVIDUALS TO CHAL-
LENGE ACCURACY OR COMPLETENESS OF RECORDS.—A 
covered individual who is the subject of a nationwide back-
ground check under this section may challenge the accu-
racy and completeness of the criminal history records in 
the criminal history report as provided in subsection
(d)(2)(D), without submitting a separate set of finger-
prints or an additional fee. 
‘‘(h) DUTIES OF THE FEDERAL BUREAU OF INVES-
TIGATION.— 
‘‘(1) RESPONSE TO A REQUEST FOR CRIMINAL 
BACKGROUND RECORDS.—Upon request by the At-
torney General or background check designee, the 
Federal Bureau of Investigation shall conduct a na-
tionwide background check and provide any criminal 
history records to the Attorney General or criminal 
history review designee. 
‘‘(2) RESOLUTION OF CHALLENGES.—If a cov-
ered individual challenges the accuracy or complete-
ness of any information in the criminal history 
record of the covered individual, the Federal Bureau 
of Investigation, in consultation with the agency that 
contributed to the record, shall— 
‘‘(A) investigate the challenge with relevant 
departments and agencies of the Federal Gov-
ernment and State and local governments; 
‘‘(B) promptly make a determination re-
garding the accuracy and completeness of the 
challenged information; and 
‘‘(C) correct any inaccurate or incomplete 
records.
fense was committed while the covered in-
dividual was a juvenile or adult), and fre-
quency of offenses, and length of the pe-
riod 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 accu-
racy and completeness of criminal history 
records under this section; 
‘‘(ix) the number and results of chal-
lenges to the accuracy and completeness of 
criminal history records under this section; 
‘‘(x) the number and types of correc-
tions of erroneous criminal history records 
based on a challenge under this section; 
and 
‘‘(xi) the number and types of inquir-
ies for assistance on interpreting a crimi-
nal history received by the criminal history 
review program. 
‘‘(C) AGGREGATING DATA.—The Attorney 
General 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 sub-
paragraph (B) by race, color, ancestry, na-
tional 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 
2010, and annually thereafter, the Attor-
ney General shall prepare and submit to 
Congress a report concerning the data 
compiled and aggregated under this para-
graph. 
‘‘(ii) CONTENTS.—Each report sub-
mitted under clause (i) shall contain— 
‘‘(I) the data compiled and ag-
gregated under this paragraph, orga-
nized in such a way as to provide a 
comprehensive analysis of the pro-
grams and procedures established 
under this section;
‘‘(II) information regarding and 
analysis of— 
‘‘(aa) the programs and pro-
cedures established under this 
section; and 
‘‘(bb) the extent such pro-
grams 
and 
procedures 
have 
helped screen individuals who 
may pose a risk to children; and 
‘‘(III) information regarding and 
analysis of whether and to what ex-
tent the programs and procedures es-
tablished under this section are hav-
ing a disparate impact on individuals 
based on race, color, ancestry, na-
tional origin, age, sex, or marital sta-
tus. 
‘‘(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 Con-
gress, the Attorney General shall make 
available any of the data compiled or ag-
gregated under this paragraph. The Attor-
ney General shall not make available any 
data that identifies specific individuals. 
‘‘(k) 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 partici-
pating entity shall be liable in an action for 
damages solely for a failure to take action ad-
verse to a covered individual upon receiving any 
notice of criminal history from the Attorney 
General or the criminal history review designee 
under subsection (d)(2)(F). 
‘‘(2) RELIANCE.—A participating entity that 
reasonably relies on criminal history records 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 informa-
tion. 
‘‘(3) CRIMINAL HISTORY REVIEW PROGRAM.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C) the background 
check designee and the criminal history review 
designee, including a director, officer, employee, 
or agent of the background check designee, or 
the criminal history review designee, shall not 
be liable in an action for damages relating to 
the performance of the responsibilities and 
functions of the background check designee and 
the criminal history review designee under this 
section. 
‘‘(B) INTENTIONAL, RECKLESS, OR OTHER 
MISCONDUCT.—Subparagraph (A) shall not 
apply in an action if the background check des-
ignee, or the criminal history review designee, 
or a director, officer, employee, or agent of the 
background check designee, or the criminal his-
tory review designee, engaged in intentional 
misconduct or acted, or failed to act, with ac-
tual malice, with reckless disregard to a sub-
stantial risk of causing injury without legal jus-
tification, or for a purpose unrelated to the per-
formance 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 activ-
ity, such as an activity involving general admin-
istration or operations, the use of motor vehi-
cles, or personnel management. 
‘‘(4) CIVIL CLAIMS OF DAMAGES.—Nothing in 
this subsection shall apply in actions for damages 
based upon title VII of the Civil Rights Act of 1964 
or the Fair Credit Report Act. 
‘‘(l) PRIVACY OF INFORMATION.— 
‘‘(1) PROHIBITION ON UNAUTHORIZED DISCLO-
SURE OR USE OF CRIMINAL HISTORY RECORDS.— 
Except for a covered individual, any entity or indi-
vidual 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
111TH CONGRESS 
2D SESSION 
H. R. 1469 
AN ACT 
To amend the National Child Protection Act of 
1993 to establish a permanent background check 
system.