Home > 106th Congressional Bills > S. 3221 (is) To provide grants to law enforcement agencies that ensure that law enforcement officers employed by such agencies are afforded due process when involved in a case that may lead to dismissal, demotion, suspension, or transfer. [Introduced in S...S. 3221 (is) To provide grants to law enforcement agencies that ensure that law enforcement officers employed by such agencies are afforded due process when involved in a case that may lead to dismissal, demotion, suspension, or transfer. [Introduced in S...
106th CONGRESS
2d Session
S. 3220
To amend sections 3 and 5 of the National Child Protection Act of 1993,
relating to national criminal history background checks of providers of
care to children, elderly persons, and persons with disabilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19 (legislative day, September 22), 2000
Mr. DeWine introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend sections 3 and 5 of the National Child Protection Act of 1993,
relating to national criminal history background checks of providers of
care to children, elderly persons, and persons with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Amendments
Act of 2000''.
SEC. 2. RELATIONSHIP TO STATE STATUTES.
The amendments made by this Act shall not affect the validity of
any State statute dealing with criminal history background checks of
care providers enacted in compliance with Public Law 92-544 before, on,
or after the date of enactment of this Act.
SEC. 3. FACILITATION OF BACKGROUND CHECKS.
(a) In General.--Section 3 of the National Child Protection Act of
1993 (42 U.S.C. 5119a) is amended to read as follows:
``SEC. 3. FACILITATION OF BACKGROUND CHECKS.
``(a) In General.--
``(1) Background checks.--A qualified entity designated by
a State may contact an authorized agency of the State to obtain
a fingerprint-based national criminal history background check
(referred to in this section as a `background check') of a
provider who provides care to children, the elderly, or
individuals with disabilities (referred to in this section as a
`provider').
``(2) Procedures.--
``(A) Submission.--A request for background check
pursuant to this section shall be submitted through a
State criminal history record repository.
``(B) Duties of repository.--After receipt of a
request under subparagraph (A), the State criminal
history record repository shall--
``(i) conduct a search of the State
criminal history record system and, if
necessary, forward the request, together with
the fingerprints of the provider, to the
Federal Bureau of Investigation; and
``(ii) make a reasonable effort to respond
to the qualified entity within 15 business days
after the date on which the request is
submitted.
``(3) National crime prevention and privacy compact.--Each
background check pursuant to this section shall be conducted
pursuant to the National Crime Prevention and Privacy Compact.
``(b) Guidelines.--
``(1) In general.--In order to conduct background checks
pursuant to this section, a State shall--
``(A) establish or designate 1 or more authorized
agencies to perform the duties required by this
section, including the designation of qualified
entities; and
``(B) establish the procedures described in
paragraph (2).
``(2) Procedures.--The procedures described in this
paragraph are procedures that require--
``(A) a qualified entity that requests a background
check pursuant to this section to forward to the
authorized agency the fingerprints of the provider and
to obtain a statement completed and signed by the
provider that--
``(i) sets out the name, address, and date
of birth of the provider appearing on a valid
identification document (as defined in section
1028 of title 18, United States Code);
``(ii) states whether the provider has a
criminal history record and, if so, sets out
the particulars of such record;
``(iii) notifies the provider that the
qualified entity may request a background check
and that the signature of the provider to the
statement constitutes an acknowledgement that
such a check may be conducted and explains the
uses and disclosures that may be made of the
results of the background check;
``(iv) notifies the provider that pending
the completion of the background check the
provider may be denied unsupervised access to
children, the elderly, or disabled persons with
respect to which the provider intends to
provide care; and
``(v) notifies the provider of the rights
of the provider under subparagraph (B);
``(B) that each provider who is the subject of a
background check pursuant to this section be provided
with an opportunity to contact the authorized agency
and initiate a process to--
``(i) obtain a copy of the criminal history
record; and
``(ii) file a challenge with the authorized
agency, but only as to the accuracy and
completeness of the criminal history record
information in the report, and obtain a prompt
determination of the challenge before a final
adverse fitness determination is made on the
basis of the criminal history record
information in the report;
``(C) an authorized agency that receives a criminal
history record report that lacks disposition
information to conduct research in available State and
local recordkeeping systems to obtain complete
information, to the extent possible considering
available personnel and resources;
``(D) the authorized agency to either--
``(i) make a determination regarding
whether the criminal history record information
received in response to the background check
indicates that the provider has a criminal
history record that renders the provider unfit
to provide care to children, the elderly, or
individuals with disabilities and convey that
determination to the qualified entity; or
``(ii) provide some or all of such criminal
history record information to the qualified
entity for use by the qualified entity in
making a fitness determination concerning the
provider; and
``(E) a qualified entity that receives criminal
history record information concerning a provider in
response to a background check pursuant to this section
to--
``(i) adhere to a standard of reasonable
care concerning the security and
confidentiality of the information and the
privacy rights of the provider; and
``(ii) require the qualified entity to make
a copy of the criminal history record
available, upon request, to the provider, and
prohibit such entity from retaining criminal
history record information for any period
longer than necessary for a final fitness
determination.
``(3) Retention of information.--The statement required
under paragraph (2)(A)--
``(A) may be forwarded by the qualified entity to
the authorized agency or retained by the qualified
entity; and
``(B) shall be retained by such agency or entity,
as appropriate, for not less than 1 year.
``(c) Guidance by the Attorney General.--The Attorney General
shall--
``(1) to the maximum extent practicable, encourage the use
of the best technology available in conducting background
checks pursuant to this section; and
``(2) provide guidance to the States concerning the
voluntary adoption by the States of standards to guide
authorized agencies and qualified entities in making fitness
determinations concerning providers based upon criminal history
record information.
``(d) Penalty.--Any officer, employee, or authorized representative
of a qualified entity who knowingly and willfully--
``(1) requests or obtains any criminal history record
information pursuant to this section under false pretenses; or
``(2) uses criminal history record information for a
purpose not authorized by this section,
shall be guilty of a misdemeanor and fined not more than $5,000.
``(e) Limitations on Liability.--
``(1) Liability of qualified entities.--
``(A) Failure to request background check.--A
qualified entity shall not be liable in an action for
damages solely for the failure of such entity to
request a background check on a provider.
``(B) Willful violations.--A qualified entity shall
not be liable in an action for damages for violating
any provision of this section, unless such violation is
knowing and willful.
``(C) Reasonable care standard.--A qualified entity
that exercises reasonable care for the security,
confidentiality, and privacy of criminal history record
information received in response to a background check
pursuant to this section shall not be liable in an
action for damages.
``(2) Liability of governmental entities.--A State or
political subdivision thereof, or any agency, officer, or
employee thereof, shall not be liable in an action for damages
for the failure of a qualified entity (other than itself) to
take action adverse with respect to a provider who was the
subject of a background check.
``(3) Reliance on information.--An authorized agency or a
qualified entity that reasonably relies on criminal history
record information received in response to a background check
pursuant to this section shall not be liable in an action for
damages based upon the inaccuracy or incompleteness of the
information.
``(f) Fees.--
``(1) Limitation.--In the case of a background check
pursuant to a State requirement adopted after December 20,
1993, conducted with fingerprints on a person who volunteers
with a qualified entity, the fees collected by authorized State
agencies and the Federal Bureau of Investigation may not exceed
$18, respectively, or the actual cost, whichever is less, of
the background check conducted with fingerprints.
``(2) State fee systems.--The States shall establish fee
systems that ensure that fees to nonprofit entities for
background checks do not discourage volunteers from
participating in child care programs.
``(3) Authority of federal bureau of investigation.--This
subsection shall not affect the authority of the Federal Bureau
of Investigation or the States to collect fees for conducting
background checks of persons who are employed as or apply for
positions as paid care providers.''.
(b) Authorization of Appropriations; Conforming Amendments.--
Section 4 of the National Child Protection Act of 1993 (42 U.S.C.
5119b) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(2) in subsection (a), as redesignated--
(A) in paragraph (1)--
(i) in each of subparagraphs (C) and (D),
by striking ``national criminal history
background check system'' and inserting
``criminal history record repository''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) to assist the State in offsetting the costs
to qualified entities of background checks under
section 3 on volunteer providers.''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated for grants under paragraph (1)--
``(A) $80,000,000 for fiscal year 2001; and
``(B) such sums as may be necessary for each of
fiscal years 2002 through 2005.''.
SEC. 4. DEFINITIONS.
Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended--
(1) by striking paragraph (8);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) the term `criminal history record repository' means
the State agency designated by the Governor or other executive
official of a State, or by the legislature of a State, to
perform centralized recordkeeping functions for criminal
history records and services in the State;''; and
(4) in paragraph (9)--
(A) in subparagraph (A)(iii)--
(i) by inserting ``or to an elderly person
or person with a disability'' after ``to a
child''; and
(ii) by striking ``child care'' and
inserting ``care''; and
(B) in subparagraph (B)(iii)--
(i) by inserting ``or to an elderly person
or person with a disability'' after ``to a
child''; and
(ii) by striking ``child care'' and
inserting ``care''.
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