I 
115TH CONGRESS 
1ST SESSION 
H. R. 695 
To amend the National Child Protection Act of 1993 to establish a national 
criminal history background check system and criminal history review 
program for certain individuals who, related to their employment, have 
access to children, the elderly, or individuals with disabilities, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 24, 2017 
Mr. SCHIFF (for himself, Mr. BISHOP of Michigan, Ms. JACKSON LEE, Mr. 
WALBERG, Mrs. WALORSKI, Mr. LANGEVIN, Mr. BRENDAN F. BOYLE of 
Pennsylvania, Mr. WELCH, Mr. TROTT, Mr. CONYERS, Mr. CONNOLLY, 
Mr. CICILLINE, Mr. TED LIEU of California, Mr. TIPTON, Ms. PINGREE, 
Mr. DESAULNIER, Mr. VELA, Mr. SWALWELL of California, Mr. SENSEN-
BRENNER, Mr. MOOLENAAR, Mr. PAYNE, Mr. TAKANO, Mr. CART-
WRIGHT, Mr. SOTO, Mr. YOUNG of Iowa, Mrs. WAGNER, Mr. COSTELLO 
of Pennsylvania, and Mrs. DINGELL) 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 national criminal history background check 
system and criminal history review program for certain 
individuals who, related to their employment, have access 
to children, the elderly, or individuals with disabilities, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Protection Im-
provements Act of 2017’’. 
SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW 
PROGRAM. 
The National Child Protection Act of 1993 (42 
U.S.C. 5119 et seq.) is amended— 
(1) in section 3— 
(A) by striking ‘‘provider’’ each place it 
appears, and inserting ‘‘covered individual’’; 
(B) by amending subsection (a)(3) to read 
as follows: 
‘‘(3)(A) The Attorney General shall establish a 
program, in accordance with this section, to provide 
qualified entities located in States which do not have 
in effect procedures described in paragraph (1), or 
qualified entities located in States which do not pro-
hibit the use of the program established under this 
paragraph, with access to national criminal history 
background checks on, and criminal history reviews 
of, covered individuals. 
‘‘(B) A qualified entity described in subpara-
graph (A) may submit to the appropriate designated 
entity a request for a national criminal history back-
ground check on, and a criminal history review of, 
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a covered individual. Qualified entities making a re-
quest under this paragraph shall comply with the 
guidelines set forth in subsection (b), and with any 
additional applicable procedures set forth by the At-
torney General or by the State in which the entity 
is located.’’; 
(C) in subsection (b)— 
(i) in paragraph (1)(E), by striking 
‘‘unsupervised’’; 
(ii) in paragraph (2)— 
(I) by redesignating subpara-
graphs (A) and (B) as clauses (i) and 
(ii), respectively; 
(II) by striking ‘‘that each cov-
ered individual who is the subject of a 
background check’’ and inserting ‘‘(A) 
that each covered individual who is 
the subject of a background check 
conducted pursuant to the procedures 
established pursuant to subsection 
(a)(1)’’; and 
(III) by adding at the end the 
following: 
‘‘(B) that each covered individual who is 
the subject of a national criminal history back-
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ground check and criminal history review con-
ducted pursuant to the procedures established 
pursuant to subsection (a)(3) is entitled to chal-
lenge the accuracy and completeness of any in-
formation in the criminal history record of the 
individual by contacting the Federal Bureau of 
Investigation under the procedure set forth in 
section 16.34 of title 28, Code of Federal Regu-
lations, or any successor thereto.’’; 
(iii) in paragraph (3), insert after 
‘‘authorized agency’’ the following: ‘‘or des-
ignated entity, as applicable,’’; and 
(iv) in paragraph (4), insert after 
‘‘authorized agency’’ the following: ‘‘or des-
ignated entity, as applicable,’’; 
(D) in subsection (d), insert after ‘‘officer 
or employee thereof,’’ the following: ‘‘, nor shall 
any designated entity nor any officer or em-
ployee thereof,’’; 
(E) by amending subsection (e) to read as 
follows: 
‘‘(e) FEES.— 
‘‘(1) STATE PROGRAM.—In the case of a back-
ground check conducted pursuant to a State require-
ment adopted after December 20, 1993, conducted 
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with fingerprints on a covered individual, the fees 
collected by authorized State agencies and the Fed-
eral Bureau of Investigation may not exceed eight-
een dollars, respectively, or the actual cost, which-
ever is less, of the background check conducted with 
fingerprints. 
‘‘(2) FEDERAL PROGRAM.—In the case of a na-
tional criminal history background check and crimi-
nal history review conducted pursuant to the proce-
dures established pursuant to subsection (a)(3), the 
fees collected by a designated entity shall be set at 
a level that will ensure the recovery of the full costs 
of providing all such services. The designated entity 
shall remit the appropriate portion of such fee to the 
Attorney General, which amount is in accordance 
with the amount published in the Federal Register 
to be collected for the provision of a criminal history 
background check by the Federal Bureau of Inves-
tigation. 
‘‘(3) ENSURING
FEES
DO
NOT
DISCOURAGE 
VOLUNTEERS.—A fee system under this subsection 
shall be established in a manner that ensures that 
fees to qualified entities for background checks do 
not discourage volunteers from participating in pro-
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grams to care for children, the elderly, or individuals 
with disabilities.’’; and 
(F) by inserting after subsection (e) the 
following: 
‘‘(f) NATIONAL CRIMINAL HISTORY BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW PROGRAM.— 
‘‘(1) NATIONAL
CRIMINAL
HISTORY
BACK-
GROUND CHECK.—Upon receiving notice of a request 
submitted by a qualified entity pursuant to sub-
section (a)(3), the Attorney General, acting through 
the Director of the Federal Bureau of Investigation, 
shall complete a check of the national criminal his-
tory background check system, and provide the in-
formation received in response to such national 
criminal history background check to the appro-
priate designated entity. 
‘‘(2) CRIMINAL HISTORY REVIEW.— 
‘‘(A) DESIGNATED ENTITIES.—The Attor-
ney General shall designate, and enter into an 
agreement with, one or more entities to make 
determinations described in paragraph (2). The 
Attorney General may not designate and enter 
into an agreement with a Federal agency under 
this subparagraph. 
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‘‘(B) DETERMINATIONS.—A designated en-
tity shall, upon the receipt of the information 
described in paragraph (1), make a determina-
tion of fitness described in subsection (b)(4), 
using the criteria described in subparagraph 
(C). 
‘‘(C) CRIMINAL
HISTORY
REVIEW
CRI-
TERIA.—The Attorney General shall, by rule, 
establish the criteria for use by designated enti-
ties in making a determination of fitness de-
scribed in subsection (b)(4). Such criteria shall 
be based on the criteria established pursuant to 
section 108(a)(3)(G)(i) of the Prosecutorial 
Remedies and Other Tools to end the Exploi-
tation of Children Today Act of 2003 (42 
U.S.C. 5119a note).’’; and 
(2) in section 5— 
(A) by amending paragraph (9) to read as 
follows: 
‘‘(9) the term ‘covered individual’ means an in-
dividual— 
‘‘(A) who has, seeks to have, or may have 
access to children, the elderly, or individuals 
with disabilities, served by a qualified entity; 
and 
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‘‘(B) who— 
‘‘(i) is employed by or volunteers with, 
or seeks to be employed by or volunteer 
with, a qualified entity; or 
‘‘(ii) owns or operates, or seeks to 
own or operate, a qualified entity.’’; 
(B) in paragraph (10), by striking ‘‘and’’ 
at the end; 
(C) in paragraph (11), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by inserting after paragraph (11) the 
following: 
‘‘(12) the term ‘designated entity’ means an en-
tity designated by the Attorney General under sec-
tion 3(f)(2)(A).’’. 
SEC. 3. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
be fully implemented by not later than 1 year after the 
date of enactment of this Act. 
Æ 
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