I 
111TH CONGRESS 
1ST SESSION H. R. 1469 
To amend the National Child Protection Act of 1993 to establish a permanent 
background check system. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2009 
Mr. SCHIFF (for himself, Mr. CONYERS, and Mr. ROGERS of Michigan) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend the National Child Protection Act of 1993 to 
establish a permanent background check system. 
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 ‘‘Child Protection Im-
provements Act of 2009’’. 
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 
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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 
47,000,000 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. 
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(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. 
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(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 between $16 to $24, for a total of be-
tween $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 29,000 background 
checks performed through the pilot program as of 
March 2007, 6.4 percent of volunteers were found to 
have a criminal history of concern, including very se-
rious offenses such as sexual abuse of minors, as-
sault, child cruelty, murder, and serious drug of-
fenses. 
(10) In an analysis performed on the volunteers 
screened in the first 18 months of the Child Safety 
Pilot Program, it was found that over 25 percent of 
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the individuals with criminal histories had com-
mitted an offense in a State other than the State in 
which they were applying 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 crimi-
nal 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 
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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 
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‘‘(ii) owns or operates, or seeks to 
own or operate, a covered entity; 
‘‘(5) the term ‘criminal history review designee’ 
means the 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 
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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 180 days 
after the date of enactment of the Child Protection 
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Improvements Act of 2009, 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 
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‘‘(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 or enter into an agreement 
with an entity or organization that has an es-
tablished history of serving the interests of chil-
dren to carry out or assist in carrying out the 
duties described in subsection (c); and 
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‘‘(B) designate or enter into an agreement 
with 1 or more Federal, State, or local govern-
ment agencies 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; 
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‘‘(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 
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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 
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‘‘(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; 
‘‘(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-
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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— 
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‘‘(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; 
‘‘(bb) the actual cost to the 
Attorney General or the criminal 
history review designee of con-
ducting a criminal history review 
under this section; and 
‘‘(cc) any costs associated 
with resolving inaccuracies, omis-
sions, or challenges to a covered 
individual’s criminal history; or 
‘‘(II) to the extent practicable, no 
greater than $25 for any participating 
entity that is a nonprofit entity; and 
‘‘(ii) for a State criminal background 
check described in paragraph (2)(D), in 
the amount specified in the agreement with 
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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 
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Bureau of Investigation, if necessary, and from 
State authorized agencies, if appropriate; 
‘‘(B) establish procedures to resolve poten-
tially incomplete records, under which the At-
torney General or the criminal history review 
designee shall— 
‘‘(i) determine whether the criminal 
history record— 
‘‘(I) includes an arrest— 
‘‘(aa) that would meet the 
criteria described in paragraph 
(3)(B)(ii) if it were an open ar-
rest; and 
‘‘(bb) relating to which the 
criminal history record does not 
indicate whether charges resulted 
from the arrest; 
‘‘(II) 
includes 
a 
criminal 
charge— 
‘‘(aa) for which a conviction 
would meet the criteria described 
in subparagraph (A) or (B) of 
paragraph (3); and 
‘‘(bb) relating to which the 
criminal history record does not 
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indicate any disposition of the 
charge; or 
‘‘(III) 
includes 
a 
criminal 
charge— 
‘‘(aa) that would meet the 
criteria described in paragraph 
(3)(B)(ii) if it were a pending 
charge; and 
‘‘(bb) relating to which the 
criminal history record does not 
indicate any disposition of the 
charge; and 
‘‘(ii) if the criminal history record in-
cludes an arrest or charge described in 
clause (i), request that the Federal Bureau 
of Investigation— 
‘‘(I) determine the status of any 
such arrest or charge; 
‘‘(II) update the criminal history 
record with any disposition informa-
tion; and 
‘‘(III) convey the result of the de-
termination and any updated record 
to the Attorney General or criminal 
history review designee; 
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‘‘(C) after receiving a criminal history 
record from the Federal Bureau of Investiga-
tion and, if necessary, resolving any potentially 
incomplete information through the procedures 
described in subparagraph (B), 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; 
‘‘(D) 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 
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Bureau of Investigation or State authorized 
agency; 
‘‘(E) 
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); 
‘‘(F) 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-
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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 
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‘‘(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; 
‘‘(G) 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; 
‘‘(H) 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 
‘‘(I) serve as a national resource center to 
provide guidance and assistance to participating 
entities on how to interpret criminal history in-
formation, the possible restrictions that apply 
when making hiring decisions based on criminal 
histories, and other related information. 
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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-
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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) RESOLUTION
OF
POTENTIALLY
INCOM-
PLETE RECORDS.—The Attorney General or criminal 
history review designee shall submit any request that 
the Federal Bureau of Investigation investigate po-
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tentially incomplete records not later than 3 busi-
ness days after the date on which the Attorney Gen-
eral or criminal history review designee receives the 
criminal history records from the Federal Bureau of 
Investigation or State authorized agency. Unless the 
Federal Bureau of Investigation certifies that addi-
tional time is needed, the Federal Bureau of Inves-
tigation shall complete the investigation, and provide 
the Attorney General or criminal history review des-
ignee with the results of the investigation and any 
updated criminal history records, not later than 5 
business days after the date on which Federal Bu-
reau of Investigation receives a request from the At-
torney General or criminal history designee. 
‘‘(5) 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 
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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. 
‘‘(6) 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 
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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 
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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 
2009 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) OPEN ARRESTS OR PENDING CHARGES.— 
Upon request by the Attorney General or criminal 
history review designee, the Federal Bureau of In-
vestigation shall— 
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‘‘(A) investigate any arrest or charge de-
scribed in subsection (d)(2)(B)(i) with relevant 
departments and agencies of the Federal Gov-
ernment and State and local governments; 
‘‘(B) determine the status of any such ar-
rest or charge; 
‘‘(C) update the criminal history record 
with any disposition information; and 
‘‘(D) convey the result of the determina-
tion and any updated criminal history record to 
the Attorney General or criminal history review 
designee. 
‘‘(3) 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 
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‘‘(C) correct any inaccurate or incomplete 
records. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Attorney General for each of fis-
cal years 2009 through 2012 such sums as are nec-
essary to carry out the provisions of this Act. 
‘‘(2) SENSE OF THE HOUSE.—It is the sense of 
the House of Representatives that in fiscal year 
2009, and each fiscal year thereafter, the fees col-
lected by the Attorney General or the background 
check designee should be sufficient to carry out the 
duties of the Attorney General or the background 
check designee under this section and to help sup-
port the criminal history review program. 
‘‘(j) COLLECTION OF DATA AND REPORT TO CON-
GRESS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Child Protection Im-
provements Act of 2009, and annually thereafter, 
the Attorney General shall prepare and submit to 
Congress and make available to the public a report 
on the programs and procedures established under 
this Act. 
‘‘(2) COLLECTION OF DATA.— 
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‘‘(A) DEFINITION OF DEMOGRAPHIC CHAR-
ACTERISTICS.—In this paragraph, the term ‘de-
mographic characteristics’ includes information 
pertaining to race, color, ancestry, national ori-
gin, age, sex, and marital status. 
‘‘(B) COMPILING.—Beginning 90 days 
after the date of enactment of the Child Protec-
tion Improvements Act of 2009, 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; 
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‘‘(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-
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-
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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 
2009, 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 
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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. 
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‘‘(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 
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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 criminal his-
tory review designee, including a director, offi-
cer, employee, or agent of 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 criminal 
history review designee under this section. 
‘‘(B) INTENTIONAL, RECKLESS, OR OTHER 
MISCONDUCT.—Subparagraph (A) shall not 
apply in an action if the criminal history review 
designee, or a director, officer, employee, or 
agent of the criminal history review designee, 
engaged in intentional misconduct or acted, or 
failed to act, with actual malice, with reckless 
disregard to a substantial risk of causing injury 
without legal justification, or for a purpose un-
related to the performance of responsibilities or 
functions under this section. 
‘‘(C) ORDINARY
BUSINESS
ACTIVITIES.— 
Subparagraph (A) shall not apply to an act or 
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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 
necessary to fulfill the purposes set forth in this 
Act; 
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‘‘(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-
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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. 
‘‘(B) REPEAT APPLICANTS.—A covered in-
dividual may sign a release permitting the At-
torney General or criminal history review des-
ignee to retain the fingerprints and criminal 
history record of the covered individual for a 
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period not to exceed 5 years, for the sole pur-
pose of participating in the criminal history re-
view 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 ‘‘60-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 2009 is operating 
and able to enroll any organization using the Child 
Safety Pilot Program.’’. 
Æ 
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