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‘‘negligent treatment’’ means the failure to pro-
vide, for a reason other than poverty, adequate food,
clothing, shelter, or medical care so as to seriously
endanger the physical health of a child.
‘‘physical injury’’ includes lacerations, fractured
bones, burns, internal injuries, severe bruising, and
serious bodily harm.
‘‘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 quali-
fied entity provides child care; and
(B) a person who—
(i) seeks to be employed by or volun-
teer 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.
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‘‘qualified entity’’ means a business or organi-
zation, whether public, private, for-profit, not-for-
profit, or voluntary, that provides child care or child
care placement services, including a business or or-
ganization that licenses or certifies others to provide
child care or child care placement services.
‘‘sex crime’’ means an act of sexual abuse that
is a criminal act.
‘‘sexual abuse’’ includes the employment, use,
persuasion, inducement, enticement, or coercion of a
child to engage in, or assist another person to en-
gage in, sexually explicit conduct or the rape, moles-
tation, prostitution, or other form of sexual exploi-
tation of children or incest with children.
‘‘State’’ means a State, the District of Colum-
bia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, and the Trust
Territories of the Pacific.
SEC. 884. REPORTING BY THE STATES.
(a) IN GENERAL.—An authorized agency of a State
shall report child abuse crime information to the national
criminal background check system.
(b) PROVISION
OF STATE CHILD ABUSE CRIME
RECORDS TO THE NATIONAL CRIMINAL BACKGROUND
CHECK SYSTEM.—(1) Not later than 180 days after the
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date of enactment of this Act, the Attorney General
shall—
(A) investigate the criminal records 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 capacity basis to
the national criminal background check system;
(B) establish guidelines for the reporting of
child abuse crime information, including guidelines
relating to the format, content, and accuracy of child
abuse crime information and other procedures for
carrying out this subtitle; 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
the State timetable that the State—
(A) achieve, by not later than the date that is
3 years after the date of enactment of this Act, at
least 80 percent currency of child abuse crime case
dispositions in computerized criminal history files for
all child abuse crime cases in which there has been
an entry of activity within the last 5 years; and
(B) continue to maintain such a system.
(c) EXCHANGE
OF INFORMATION.—An authorized
agency of a State shall maintain close liaison with the Na-
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tional Center on Child Abuse and Neglect, the National
Center for Missing and Exploited Children, and the Na-
tional Center for the Prosecution of Child Abuse for the
exchange of information and 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 subtitle.
(2) The annual statistical summary described in
paragraph (1) shall not contain any information that may
reveal the identity of any particular victim of a crime.
(e) ANNUAL REPORT.—The Attorney General shall
publish an annual summary of each State’s progress in
reporting child abuse crime information to the national
criminal 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 Delinquency Prevention shall begin a study based on
a statistically 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;
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(B) the percentage of convicted child abuse of-
fenders who have been convicted of an offense in-
volving child abuse in more than 1 State;
(C) whether there are crimes or classes of
crimes, in addition to those defined as background
check crimes in section 883, that are indicative of a
potential to abuse children; and
(D) the extent to which and the manner in
which instances of child abuse form a basis for con-
victions 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 pur-
suant to paragraph (1).
SEC. 885. BACKGROUND CHECKS.
(a) IN GENERAL.—(1) A State may have in effect
procedures (established by or under State statute or regu-
lation) to permit a qualified entity to contact an author-
ized agency of the State to request a nationwide back-
ground check for the purpose of determining whether
there is a report that a provider is under indictment for,
or has been convicted of, a background check crime.