I 
110TH CONGRESS 
2D SESSION 
H. R. 5606 
To amend the National Child Protection Act of 1993 to establish a permanent 
background check system. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2008 
Mr. SCHIFF (for himself and Mr. ROGERS of Michigan) introduced the 
following bill; which was referred to the Committee on the Judiciary 
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 2008’’. 
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 histories on more than 47,000,000 in-
dividuals, many of whom have been arrested or con-
victed 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 records and the vulnerability of the popu-
lation they work with, human service organizations 
that work with children need an effective and reli-
able means of obtaining a complete criminal history 
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 record checks available to orga-
nizations seeking to screen employees and volunteers 
who work with children, the elderly, and individuals 
with disabilities, through the National Child Protec-
tion 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 
background check can be prohibitively expensive, 
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 record checks. Of 29,000 background checks 
performed through the pilot as of March 2007, 6.4 
percent of volunteers were found to have a criminal 
record of concern, including very serious offenses 
such as sexual abuse of minors, assault, child cru-
elty, murder, and serious drug offenses. 
(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 
the individuals with criminal records had committed 
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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 record falsely indicated on their application form 
that they did not have a criminal record. 
(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 ‘applicant processing center’ 
means the applicant processing center established by 
the Attorney General under subsection (b)(1); 
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‘‘(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 children; 
‘‘(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 
‘‘(ii) owns or operates, or seeks to 
own or operate, a covered entity; 
‘‘(5) the term ‘fitness determination program’ 
means the fitness determination program established 
under subsection (b)(2); 
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‘‘(6) the term ‘identification document’ has the 
meaning given that term in section 1028 of title 18, 
United States Code; 
‘‘(7) the term ‘participating entity’ means a 
covered entity that is approved under subsection (f) 
to receive nationwide background checks from the 
applicant processing center and to participate in the 
fitness determination program; 
‘‘(8) 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 
‘‘(9) 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.—Not later than 
90 days after the date of enactment of the Child Protec-
tion Improvements Act of 2008, the Attorney General 
shall 
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‘‘(1) establish within the Federal Government 
or through an agreement with a nonprofit entity an 
applicant processing center; and 
‘‘(2) enter into an agreement with the National 
Center for Missing and Exploited Children, under 
which the National Center for Missing and Exploited 
Children shall establish a fitness determination pro-
gram. 
‘‘(c) APPLICANT PROCESSING CENTER.— 
‘‘(1) PURPOSE.—The purpose of the applicant 
processing center is to streamline the process of ob-
taining nationwide background checks, provide effec-
tive customer service, and facilitate widespread ac-
cess to nationwide background checks by partici-
pating entities. 
‘‘(2) DUTIES.—The applicant processing center 
shall— 
‘‘(A) provide information to covered enti-
ties on the requirements to become a partici-
pating entity; 
‘‘(B) provide participating entities with ac-
cess to nationwide background checks on cov-
ered individuals; 
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‘‘(C) receive paper and electronic requests 
for nationwide background checks on covered 
individuals from participating entities; 
‘‘(D) serve as a national resource center to 
provide guidance and assistance to participating 
entities on how to submit requests for nation-
wide background checks, how to interpret crimi-
nal history records, how to obtain State crimi-
nal background checks, and other related infor-
mation; 
‘‘(E) to the extent practicable, negotiate an 
agreement with each State authorized agency 
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 applicant processing center and provide 
criminal history records to the National 
Center for Missing and Exploited Children; 
and 
‘‘(ii) a participating entity may elect 
to obtain a State background check, in ad-
dition to a nationwide background check, 
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through 1 unified request to the applicant 
processing center; 
‘‘(F) convert all paper fingerprint cards 
into an electronic form and securely transmit 
all fingerprints electronically to the national 
criminal history background check system and, 
if appropriate, the State authorized agencies; 
‘‘(G) collect a fee to conduct the nation-
wide background check, and, if appropriate, a 
State criminal background check, and remit 
fees to the National Center for Missing and Ex-
ploited Children, the Federal Bureau of Inves-
tigation, and the State authorized agencies, as 
appropriate; 
‘‘(H) convey the results of the fitness de-
termination to the participating entity that sub-
mitted the request for a nationwide background 
check; and 
‘‘(I) coordinate with the Federal Bureau of 
Investigation, participating State authorized 
agencies, and the National Center for Missing 
and Exploited Children to ensure that back-
ground check requests are being completed 
within the time periods specified in subsection 
(e). 
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‘‘(3) REQUESTS.—A request for a nationwide 
background check by a participating entity shall in-
clude— 
‘‘(A) the fingerprints of the covered indi-
vidual, in paper or electronic form; 
‘‘(B) a photocopy of a valid identification 
document; and 
‘‘(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) states whether the covered indi-
vidual has a criminal record, and, if so, 
provides the particulars of such criminal 
record; 
‘‘(iii) 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; 
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‘‘(iv) 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; and 
‘‘(v) notifies the covered individual of 
the right of the covered individual to cor-
rect an erroneous record of the Attorney 
General and, if appropriate, the State au-
thorized agency. 
‘‘(4) FEES.— 
‘‘(A) IN
GENERAL.—The applicant proc-
essing center may collect a fee to defray the 
costs of carrying out its duties and the duties 
of the National Center for Missing and Ex-
ploited Children under this section— 
‘‘(i) for a nationwide background 
check and fitness determination, in an 
amount not to exceed the lesser of— 
‘‘(I) the actual cost to the appli-
cant processing center and the Na-
tional Center for Missing and Ex-
ploited Children of conducting a na-
tionwide background check and fitness 
determination under this section; or 
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‘‘(II)(aa) $25 for a participating 
entity that is a nonprofit entity; or 
‘‘(bb) $40 for any other partici-
pating entity; and 
‘‘(ii) for a State criminal background 
check described in paragraph (2)(E), in 
the amount specified in the agreement with 
the applicable State authorized agency, not 
to exceed $18. 
‘‘(B) REDUCED FEES.—In determining the 
amount of the fees to be collected under sub-
paragraph (A), the applicant processing cen-
ter— 
‘‘(i) shall, to the extent possible, dis-
count such fees for participating entities 
that are nonprofit entities; and 
‘‘(ii) may use fees paid by partici-
pating entities that are not nonprofit enti-
ties to reduce the fees to be paid by par-
ticipating entities that are nonprofit enti-
ties. 
‘‘(C) PROHIBITION ON FEES.— 
‘‘(i) IN
GENERAL.—A participating 
entity may not charge another entity or in-
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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) FITNESS DETERMINATION PROGRAM.— 
‘‘(1) PURPOSE.—The purpose of the fitness de-
termination program is to provide participating enti-
ties with reliable and accurate information regarding 
whether a covered individual has been convicted of, 
or is under pending arrest or indictment for, a crime 
that bears upon the fitness of the covered individual 
to have responsibility for the safety and well-being of 
the children in their care. 
‘‘(2) REQUIREMENTS OF FITNESS DETERMINA-
TION PROGRAM.—As part of operating the fitness 
determination program, the National Center for 
Missing and Exploited Children shall— 
‘‘(A) establish procedures to securely re-
ceive criminal background records from the 
Federal Bureau of Investigation and, if appro-
priate, State authorized agencies; 
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‘‘(B) 
make 
determinations 
regarding 
whether the criminal history record information 
received in response to a criminal history back-
ground check conducted under this section indi-
cates that the covered individual has a criminal 
history record that may render the covered indi-
vidual unfit to provide care to children, based 
on the criteria described in paragraph (3); 
‘‘(C) convey a fitness determination to the 
applicant processing center; 
‘‘(D) specify the source of the criminal his-
tory information upon which a fitness deter-
mination is based; and 
‘‘(E) work with the applicant processing 
center and the Federal Bureau of Investigation 
to develop procedures and processes to ensure 
that criminal history background check requests 
are being completed within the time periods 
specified in subsection (e). 
‘‘(3) CRITERIA.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the fitness determination program 
shall use the criteria relating to when criminal 
history record information indicates that an in-
dividual has a criminal history record that may 
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render the individual unfit to provide care to 
children that were established for the Child 
Safety Pilot Program under section 108(a)(3) 
of the PROTECT Act (42 U.S.C. 5119a note). 
‘‘(B) REVIEW.—The Attorney General and 
the National Center for Missing and Exploited 
Children, in coordination with national organi-
zations representing a range of covered entities, 
shall review the criteria described in subpara-
graph (A) and make any changes needed to use 
such criteria in the fitness determination pro-
gram. 
‘‘(e) TIMING.— 
‘‘(1) 
IN
GENERAL.—Criminal 
background 
checks shall be completed not later than 10 business 
days after the date that a request for a national 
background check is received by the applicant proc-
essing center. The applicant processing center shall 
work with the National Center for Missing and Ex-
ploited Children and the Federal Bureau of Inves-
tigation to ensure that the time limits under this 
subsection are being achieved. 
‘‘(2) APPLICATION PROCESSING.—The applicant 
processing center shall electronically submit a na-
tional background check request to the national 
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criminal history background check system and, if ap-
propriate, the participating State authorized agency 
not later than 3 business days after the date that a 
request for a national background check is received 
by the applicant processing center. 
‘‘(3) CONDUCT OF BACKGROUND CHECKS.—The 
Federal Bureau of Investigation and, if appropriate, 
a State authorized agency shall provide criminal his-
tory records information to the National Center for 
Missing and Exploited Children not later than 3 
business days after the date that the Federal Bu-
reau of Investigation or State authorized agency, as 
the case may be, receives a request for a nationwide 
background check from the applicant processing cen-
ter. 
‘‘(4) FITNESS
DETERMINATIONS.—The Na-
tional Center for Missing and Exploited Children 
shall convey a fitness determination to a partici-
pating entity and the applicant processing center not 
later than 4 business days after the date that the 
National Center for Missing and Exploited Children 
has received criminal history records from the Fed-
eral Bureau of Investigation and, if appropriate, 
each applicable State authorized agency. 
‘‘(f) PARTICIPATION IN PROGRAM.— 
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‘‘(1) IN
GENERAL.—The applicant processing 
center shall determine whether an entity is a covered 
entity and whether that covered entity should be ap-
proved as a participating entity, based on the con-
sultation conducted under paragraph (2). 
‘‘(2) CONSULTATION.—In determining how 
many covered entities to approve as participating en-
tities, the applicant processing center shall consult 
quarterly with the Federal Bureau of Investigation 
and the National Center for Missing and Exploited 
Children to determine the volume of requests for fit-
ness determinations that can be completed, based on 
the capacity of the applicant processing center and 
the fitness determination program, the availability of 
resources, and the demonstrated need for such de-
terminations 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 applicant processing center 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 enactment of the Child Protec-
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tion Improvements Act of 2008 and to any other 
nonprofit organizations. 
‘‘(g) RIGHTS OF COVERED INDIVIDUALS.— 
‘‘(1) IN GENERAL.—A covered individual who is 
the subject of a nationwide background check under 
this section may contact the Federal Bureau of In-
vestigation and, if appropriate, a State authorized 
agency to— 
‘‘(A) request that the full criminal history 
report of that covered individual be provided to 
that covered individual or the applicable partici-
pating entity not later than 10 business days 
after the date of that request; and 
‘‘(B) challenge the accuracy and complete-
ness of the criminal history record information 
in the criminal history report. 
‘‘(2) RESOLUTION OF CHALLENGES.—The Fed-
eral Bureau of Investigation and, if appropriate, a 
State authorized agency shall promptly make a de-
termination regarding the accuracy and complete-
ness of any criminal history record information chal-
lenged under paragraph (1)(B). 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 
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this section and to help support the fitness deter-
mination program. 
‘‘(i) REPORT TO CONGRESS.—The Attorney General 
shall, on an annual basis, submit to Congress a report on 
the participating entities, the number of covered individ-
uals submitting applications under this section, and the 
data on the number and types of fitness determinations 
issued under this section. 
‘‘(j) LIMITATION ON LIABILITY.— 
‘‘(1) IN GENERAL.—A participating entity shall 
not be liable in an action for damages solely for fail-
ure to conduct a criminal background check on a 
covered individual, nor shall a State or political sub-
division thereof nor any agency, officer, or employee 
thereof, be liable in an action for damages for the 
failure of a participating entity (other than itself) to 
take action adverse to a covered individual who was 
the subject of a background check. 
‘‘(2) RELIANCE.—The applicant processing cen-
ter or a participating entity that reasonably relies on 
a fitness determination or criminal history record in-
formation received in response to a background 
check under this section shall not be liable in an ac-
tion for damages based on the inaccuracy or incom-
pleteness of that information. 
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‘‘(3) NATIONAL CENTER FOR MISSING AND EX-
PLOITED CHILDREN.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the National Cen-
ter for Missing and Exploited Children, includ-
ing a director, officer, employee, or agent of the 
National Center for Missing and Exploited Chil-
dren, shall not be liable in an action for dam-
ages relating to the performance of the respon-
sibilities and functions of the National Center 
for Missing and Exploited Children under this 
section. 
‘‘(B) INTENTIONAL, RECKLESS, OR OTHER 
MISCONDUCT.—Subparagraph (A) shall not 
apply in an action if the National Center for 
Missing and Exploited Children, or a director, 
officer, employee, or agent of the National Cen-
ter for Missing and Exploited Children, 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 unrelated to 
the performance of responsibilities or functions 
under this section. 
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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.’’. 
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 2008 is operating 
and able to enroll any organization using the Child 
Safety Pilot Program.’’. 
Æ 
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