S 705 — Child Protection Improvements Act of 2017

705 ReportedEngrossed in Senate (RS)](ES)] <DOC> Calendar115th No.CONGRESS 1st Session S.

218705 115th_______________________________________________________________________ CONGRESSAN 1stACT SessionTo S.amend the National Child Protection Act of 1993 to establish a voluntary 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.

705 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 SENATE OF THE UNITED STATES March 23, 2017 Mr.

Hatch (for himself, Mr.

Franken, Mr.

Blunt, Ms.

Klobuchar, Mr.

Schumer, Mr.

McCain, Mr.

Kennedy, Mr.

Blumenthal, Mr.

Sasse, and Mr.

Cruz) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary September 11, 2017 Reported by Mr.

Grassley, with amendments [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ 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.

The National Child Protection Act of 1993 (42(34 U.S.C.

511940101 et seq.) is amended-- (1) in section 3 (42(34 U.S.C.

5119a)--40102)-- (A) by striking ``provider'' each place it appears and inserting ``covered individual'';

(ii) in paragraph (2)-- (I) by redesignatingstriking subparagraphsparagraph (A)(2) and (B)inserting asthe clausesfollowing: (i) and (ii), respectively;

(II)``(2)(A) inthat the matterState, precedingor clausein (i),a asState sothat redesignated,does bynot strikinghave ``thatin eacheffect coveredprocedures individualdescribed whoin issubsection (a)(1), the subjectdesignated ofentity, aensures backgroundthat-- check''``(i) and inserting ``(A) that each covered individual who is the subject of a background check conductedunder pursuantsubsection (a) is entitled to theobtain proceduresa establishedcopy pursuantof toany subsectionbackground (a)(1)'';check report;

and``(ii) (III)each covered individual who is the subject of a background check under subsection (a) is provided a process by addingwhich atthe covered individual may appeal the endresults of the following:background check to challenge the accuracy or completeness of the information contained in the background report of the covered individual;

``(B)and that``(iii)(I) each covered individual whodescribed isin theclause subject(ii) of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3) is entitledgiven tonotice challenge the accuracy and completeness of any information in the criminalopportunity historyto recordappeal; 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 Regulations, or any successor thereto.'';

(iii)``(II) each covered individual described in paragraphclause (3),(ii) insertwill afterreceive ``authorizedinstructions agency''on how to complete the following:appeals process if the covered individual wishes to challenge the accuracy or completeness 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 described 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 background 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.);'';

(iii) in paragraph (3), by inserting after ``authorized agency'' the following:

and (iv) in paragraph (4), insertby inserting after ``authorized agency'' the following:

(E) in subsection (d), insertby inserting after ``officer or employee thereof,'' the following:

``(e) Fees.-- ``(1) State program.--In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed eighteen dollars, respectively, or the actual cost, whichever is less, of the background check conducted with may not exceed the actual cost of the background check conducted with fingerprints.

``(C) Criminal history review criteria.--Thecriteria.--A Attorneycovered Generalindividual shall,may bybe rule,determined establishto thebe criteriaunfit forunder usesubsection by(b)(4) designatedif entitiesthe incovered makingindividual-- a``(i) determinationrefuses ofto fitnessconsent describedto ina subsectioncriminal (b)(4).background check under this section;

Such``(ii) criteriaknowingly shallmakes bea basedmaterially onfalse thestatement criteriain establishedconnection pursuantwith toa sectioncriminal 108(a)(3)(G)(i)background ofcheck theunder Prosecutorialthis Remediessection; and Other Tools to end the Exploitation of Children Today Act of 2003 (42 U.S.C.

5119a``(iii) note).'';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.

andet (2)seq.); in section 5 (42 U.S.C.

5119c)--``(iv) (A)has bybeen amendingconvicted paragraphof (9)a tofelony readconsisting of-- ``(I) murder, as follows:described in section 1111 of title 18, United States Code;

``(II) child abuse or neglect;

``(III) a crime against children, including child pornography;

``(IV) spousal abuse;