National Child Protection Act of 1993

(PL 103-209:Text)
One Hundred Third Congress of the United States
of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three

An Act

To establish procedures for national criminal background
checks for child care providers.

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
Act of 1993”.

SEC. 2. REPORTING CHILD ABUSE CRIME INFORMATION.

(a) IN GENERAL.–In each State, an authorized criminal
justice agency of the State shall report child abuse crime information
to, or index child abuse crime information in, the national criminal
history background check system.

(b) PROVISION OF STATE CHILD ABUSE CRIME RECORDS
THROUGH THE NATIONAL CRIMINAL HISTORY BACKGROUND CHECK SYSTEM.–(1)
Not later than 180 days after the date of enactment of this Act, the
Attorney General shall, subject to availability of appropriations-

(A) investigate the criminal history records system
of each State and determine for each State a timetable by which the
State should be able to provide child abuse crime records on an on-line
basis through the national criminal history background check system;

(B) in consultation with State officials, establish
guidelines for the reporting or indexing of child abuse crime information,
including guidelines relating to the format, content, and accuracy
of criminal history records and other procedures for carrying out
this Act; and

(C) notify each State of the determinations made
pursuant to subparagraphs (A) and (B).

(2) The Attorney General shall require as a part
of each State timetable that the State-

(A) by not later than the date that is 3 years after
the date of enactment of this Act, have in a computerized criminal
history file at least 80 percent of the final dispositions that have
been rendered in all identifiable child abuse crime cases in which
there has been an event of activity within the last 5years;

(B) continue to maintain a reporting rate of at least
80 percent for final dispositions in all identifiable child abuse
crime cases in which there has been an event of activity within the
preceding 5 years; and

(C) take steps to achieve 100 percent disposition
reporting, including data quality audits and periodic notices to criminal
justice agencies identifying records that lack final dispositions
and requesting those dispositions.

(c) LIAISON.–An authorized agency of a State shall
maintain close liaison with the National Center on Child Abuse and
Neglect, the National Center for Missing and Exploited Children, and
the National Center for the Prosecution of Child Abuse for the exchange
of technical assistance in cases of child abuse.

(d) ANNUAL SUMMARY.–(1) The Attorney General shall
publish an annual statistical summary of child abuse crimes.

(2) The annual statistical summary described in paragraph
(1) shall not contain any information that may reveal the identity
of any particular victim or alleged violator.

(e) ANNUAL REPORT.–The Attorney General shall, subject
to the availability of appropriations, publish an annual summary of
each State’s progress in reporting child abuse crime information

to the national criminal history background check
system.

(f) STUDY OF CHILD ABUSE OFFENDERS.–(1) Not later
than 180 days after the date of enactment of this Act, the Administrator
of the Office of Juvenile Justice and Delinquency Prevention shall
begin a study based on a statistically significant sample of convicted
child abuse offenders and other relevant information to determine-

(A) the percentage of convicted child abuse offenders
who have more than 1 conviction for an offense involving child abuse;

(B) the percentage of convicted child abuse offenders
who have been convicted of an offense involving child abuse in more
than 1 State; and

(C) the extent to which and the manner in which instances
of child abuse form a basis for convictions for crimes other than
child abuse crimes.

(2) Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the Chairman
of the Committee on the Judiciary of the Senate and the Chairman of
the Committee on the Judiciary of the House of Representatives containing
a description of and a summary of the results of the study conducted
pursuant to paragraph (1).

SEC. 3. BACKGROUND CHECKS.

(a) IN GENERAL.–(1) A State may have in effect procedures
(established by State statute or regulation) that require qualified
entities designated by the State to contact an authorized agency of
the State to request a nationwide background check for the purpose
of determining whether a provider has been convicted of a crime that
bears upon an individual’s fitness to have responsibility for the
safety and well-being of children, the elderly, or individuals with
disabilities.

(2) The authorized agency shall access and review
State and Federal criminal history records through the national criminal
history background check system and shall make reasonable efforts
to respond to the inquiry within 15 business days.

(b) GUIDELINES.–The procedures established under
subsection (a) shall require–

(1) that no qualified entity may request a background
check of a provider under subsection (a) unless the provider first
provides a set of fingerprints and completes and signs a statement
that-

(A) contains the name, address, and date of birth
appearing on a valid identification document (as defined in section
1028 of title 18, United States Code) of the provider;

(B) the provider has not been convicted of a crime
and, if the provider has been convicted of a crime, contains a description
of the crime and the particulars of the conviction;

(C) notifies the provider that the entity may request
a background check under subsection (a);

(D) notifies the provider of the provider’s rights
under paragraph (2); and

(E) notifies the provider that prior to the completion
of the background check the qualified entity may choose to deny the
provider unsupervised access to a child to whom the qualified entity
provides child care;

(2) that each provider who is the subject of a background
check is entitled-

(A) to obtain a copy of any background check report;

and

(B) to challenge the accuracy and completeness of
any information contained in any such report and obtain a prompt determination
as to the validity of such challenge before a final determination
is made by the authorized agency;

(3) that an authorized agency, upon receipt of a
background check report lacking disposition data, shall conduct research
in whatever State and local record keeping systems are available in
order to obtain complete data;

(4) that the authorized agency shall make a determination
whether the provider has been convicted of, or is under pending indictment
for, a crime that bears upon an individual’s fitness to have responsibility
for the safety and well-being of children and shall convey that determination
to the qualified entity; and

(5) that any background check under subsection (a)
and the results thereof shall be handled in accordance with the requirements
of Public Law 92-544.

(c) REGULATIONS.–(1) The Attorney General may by
regulation prescribe such other measures as may be required to carry
out the purposes of this Act, including measures relating to the security,
confidentiality, accuracy, use, misuse, and dissemination of information,
and audits and record keeping.

(2) The Attorney General shall, to the maximum extent
possible, encourage the use of the best technology available in conducting
background checks.

(d) LIABILITY.–A qualified entity shall not be liable
in an action for damages solely for failure to conduct a criminal
background check on a provider, nor shall a State or political subdivision
thereof nor any agency, officer or employee thereof, be liable in
an action for damages for the failure of a qualified entity to take
action adverse to a provider who was the subject of a background check.

(e) FEES.–In the case of a background check pursuant
to a State requirement adopted after the date of the enactment of
this Act 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 the actual
cost of the background check conducted with fingerprints. The States
shall establish fee systems that insure that fees to non-profit entities
for background checks do not discourage volunteers from participating
in child care programs.

SEC. 4. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

(a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN STATE
RECORDS AND SYSTEMS.–Section 509(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3759(b)) is amended-

(1) in paragraph (2) by striking “and” after the
semicolon;

(2) in paragraph (3) by striking the period and inserting
“; and”; and

(3) by adding at the end the following new paragraph:

(4) “ the improvement of State record systems and
the sharing of all of the records described in paragraphs (1), (2),
and (3) and the child abuse crime records required under the National
Child Protection Act of 1993 with the Attorney General for the purpose
of implementing the National Child Protection Act of 1993.”.

(b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVEMENT
OF CHILD ABUSE CRIME INFORMATION.–(1) The Attorney General shall,
subject to appropriations and with preference to States that, as of
the date of enactment of this Act, have in computerized criminal history
files the lowest percentages of charges and dispositions of identifiable
child abuse cases, make a grant to each State to be used-

(A) for the computerization of criminal history files
for the purposes of this Act;

(B) for the improvement of existing computerized
criminal history files for the purposes of this Act;

(C) to improve accessibility to the national criminal
history background check system for the purposes of this Act; and

(D) to assist the State in the transmittal of criminal
records to, or the indexing of criminal history record in, the national
criminal history background check system for the purposes of this
Act.

(E) to assist the State in paying all or part of
the cost of the State of conducting backround checks on persons who
are employed by or volunteer with a public, not for profit, or voluntary
qualified entity to reduce the amount of fees charged for such background
checks.

(2) There are authorized to be appropriated for grants
under paragraph (1) a total of $20,000,000 for fiscal years 1994,
1995, 1996, and 1997.

(c) WITHHOLDING STATE FUNDS.–Effective 1 year after the date of enactment
of this Act, the Attorney General may reduce, by up to 10 percent,
the allocation to a State for a fiscal year under

Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 that is not in compliance with the requirements of this
Act.

SEC. 5. DEFINITIONS.

For the purposes of this Act-

(1) the term “authorized agency” means a division
or office of a State designated by a State to report, receive, or
disseminate information under this Act;

(2) the term “child” means a person who is a child
for purposes of the criminal child abuse law of a State;

(3) the term “child abuse crime” means a crime
committed under any law of a State that involves the physical or mental
injury, sexual abuse or exploitation, negligent treatment, or maltreatment
of a child by any person;

(4) the term “child abuse crime information” means
the following facts concerning a person who has been arrested for,
or has been convicted of, a child abuse crime: full name, race, sex,
date of birth, height, weight, fingerprints, a brief description of
the child abuse crime or offenses for which the person has been arrested
or has been convicted, the disposition of the charge, and any other
information that the Attorney General determines may be useful in
identifying persons arrested for, or convicted of, a child abuse crime;

(5) the term “child care” means the provision of
care, treatment, education, training, instruction, supervision, or
recreation to children by persons having unsupervised access to a
child;

(6) the term “national criminal history background
check system” means the criminal history record system maintained
by the Federal Bureau of Investigation based on fingerprint identification
or any other method of positive identification;

(7) the term “provider” means–

(A) a person who–

(i) is employed by or volunteers with a qualified
entity;

(ii) who owns or operates a qualified entity; or

(iii) who has or may have unsupervised access to
a child to whom the qualified entity provides child care; and

(B) a person who–

(i) seeks to be employed by or volunteer with a qualified
entity;

(ii) seeks to own or operate a qualified entity;
or

(iii) seeks to have or may have unsupervised access
to a child to whom the qualified entity provides child care;

(8) the term “qualified entity” means a business
or organization, whether public, private, for-profit, not-for-profit,
or voluntary, that provides child care or child care placement services,
including a business or organization that licenses or certifies others
to provide child care or child care placement services; and

(9) the term “State” means a State, the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands, Guam, and the Trust Territories of the Pacific.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senat