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‘‘(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 
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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 
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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 
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procedures, for the purpose of providing finger-
print verification or subsequent hit notification 
services, or for the retention of criminal history 
record information which updates the criminal 
history record. 
‘‘(B) REPEAT APPLICANTS.—A covered in-
dividual may sign a release permitting the At-
torney General or background check designee to 
retain the fingerprints of the covered individual 
for a period not to exceed 5 years, for the sole 
purpose of participating in the criminal history 
review program on a subsequent occasion.’’. 
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 ‘‘92-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 na-
tional criminal history background checks for child- 
serving organizations established under the Child 
Protection Improvements Act of 2010 is operating 
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and able to enroll any organization using the Child 
Safety Pilot Program.’’. 
Passed the House of Representatives July 22, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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