In the Senate of the United States, 
October 16, 2017. 
Resolved, That the bill from the House of Representa-
tives (H.R. 695) entitled ‘‘An Act 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 employ-
ment, have access to children, the elderly, or individuals with 
disabilities, and for other purposes.’’, do pass with the fol-
lowing 
AMENDMENTS: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Protection Im-
provements Act of 2017’’.
† HR 695 EAS 
SEC. 
2. 
NATIONAL 
CRIMINAL 
HISTORY 
BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW PRO-
GRAM. 
The National Child Protection Act of 1993 (34 U.S.C. 
40101 et seq.) is amended— 
(1) in section 3 (34 U.S.C. 40102)— 
(A) by striking ‘‘provider’’ each place it ap-
pears and inserting ‘‘covered individual’’; 
(B) by striking ‘‘provider’s’’ each place it 
appears and inserting ‘‘covered individual’s’’; 
(C) 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 that do not have 
in effect procedures described in paragraph (1), or 
qualified entities located in States that 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, a 
covered individual. Qualified entities making a re-
† HR 695 EAS 
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.’’; 
(D) in subsection (b)— 
(i) in paragraph (1)(E), by striking 
‘‘unsupervised’’; 
(ii) by striking paragraph (2) and in-
serting the following: 
‘‘(2)(A) that the State, or in a State that does 
not have in effect procedures described in subsection 
(a)(1), the designated entity, ensures that— 
‘‘(i) each covered individual who is the sub-
ject of a background check under subsection (a) 
is entitled to obtain a copy of any background 
check report; 
‘‘(ii) each covered individual who is the 
subject of a background check under subsection 
(a) is provided a process by which the covered 
individual may appeal the results of the back-
ground check to challenge the accuracy or com-
pleteness of the information contained in the 
background report of the covered individual; and
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‘‘(iii)(I) each covered individual described 
in clause (ii) is given notice of the opportunity 
to appeal; 
‘‘(II) each covered individual described in 
clause (ii) will receive instructions on how to 
complete the appeals process if the covered indi-
vidual wishes to challenge the accuracy or com-
pleteness of the information contained in the 
background report of the covered individual; and 
‘‘(III) the appeals process is completed in a 
timely manner for each covered individual de-
scribed in clause (ii); and 
‘‘(B) the State, or in a State that does not have 
in effect procedures described in subsection (a)(1), the 
designated entity, may allow for a review process— 
‘‘(i) through which the State or designated 
entity, as the case may be, may determine that 
a covered individual who is the subject of a back-
ground check under subsection (a) is disqualified 
for a crime specified in subsection (f)(2)(C); and 
‘‘(ii) which shall be consistent with title VII 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
et seq.);’’;
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(iii) in paragraph (3), by inserting 
after ‘‘authorized agency’’ the following: ‘‘or 
designated entity, as applicable,’’; and 
(iv) in paragraph (4), by inserting 
after ‘‘authorized agency’’ the following: ‘‘or 
designated entity, as applicable,’’; 
(E) in subsection (d), by inserting after ‘‘of-
ficer or employee thereof,’’ the following: ‘‘, nor 
shall any designated entity nor any officer or 
employee thereof,’’; 
(F) 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 
with fingerprints on a covered individual, the fees col-
lected by authorized State agencies and the Federal 
Bureau of Investigation may not exceed the actual 
cost of the background check conducted with finger-
prints. 
‘‘(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
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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 Investiga-
tion. 
‘‘(3) ENSURING FEES DO NOT DISCOURAGE VOL-
UNTEERS.—A fee system under this subsection shall 
be established in a manner that ensures that fees to 
qualified entities for background checks do not dis-
courage volunteers from participating in programs to 
care for children, the elderly, or individuals with dis-
abilities. A fee charged to a qualified entity that is 
not organized under section 501(c)(3) of the Internal 
Revenue Code of 1986 may not be less than the total 
sum of the costs of the Federal Bureau of Investiga-
tion and the designated entity.’’; and 
(G) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) NATIONAL
CRIMINAL
HISTORY
BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW PROGRAM.—
† HR 695 EAS 
of fitness described in subsection (b)(4), using the 
criteria described in subparagraph (C). 
‘‘(C) CRIMINAL
HISTORY
REVIEW
CRI-
TERIA.—A covered individual may be deter-
mined to be unfit under subsection (b)(4) if the 
covered individual— 
‘‘(i) refuses to consent to a criminal 
background check under this section; 
‘‘(ii) knowingly makes a materially 
false statement in connection with a crimi-
nal background check under this section; 
‘‘(iii) is registered, or is required to be 
registered, on a State sex offender registry 
or repository or the National Sex Offender 
Registry established under the Adam Walsh 
Child Protection and Safety Act of 2006 (34 
U.S.C. 20901 et seq.); 
‘‘(iv) has been convicted of a felony 
consisting of— 
‘‘(I) murder, as described in sec-
tion 1111 of title 18, United States 
Code; 
‘‘(II) child abuse or neglect; 
‘‘(III) a crime against children, 
including child pornography;
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‘‘(IV) spousal abuse; 
‘‘(V) a crime involving rape or 
sexual assault; 
‘‘(VI) kidnapping; 
‘‘(VII) arson; 
‘‘(VIII) physical assault or bat-
tery; or 
‘‘(IX) a drug-related offense com-
mitted during the preceding 5 years; 
‘‘(v) has been convicted of a violent 
misdemeanor 
committed 
as 
an 
adult 
against a child, including— 
‘‘(I) child abuse; 
‘‘(II) child endangerment; 
‘‘(III) sexual assault; or 
‘‘(IV) of a misdemeanor involving 
child pornography; or 
‘‘(vi) in the case of a covered indi-
vidual who has, seeks to have, or may have 
access to the elderly or individuals with dis-
abilities, has been convicted of any criminal 
offense relating to the abuse, exploitation, or 
neglect (as those terms are defined in sec-
tion 2011 of the Social Security Act (42
† HR 695 EAS 
U.S.C. 1397j)) of an elder or an individual 
with disabilities.’’; and 
(2) in section 5 (34 U.S.C. 40104)— 
(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 
‘‘(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:
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‘‘(12) the term ‘designated entity’ means an enti-
ty designated by the Attorney General under section 
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. 
Amend the title so as to read: ‘‘A bill to amend the 
National Child Protection Act of 1993 to establish a vol-
untary national criminal history background check sys-
tem and criminal history review program for certain indi-
viduals who, related to their employment, have access to 
children, the elderly, or individuals with disabilities, and 
for other purposes.’’. 
Attest: 
Secretary.