#aaeth ,,congress #ast ,session ,s4 #gje ,,an ,,act ,to amend the ,national ,child ,protection ,act of #aiic to establish a voluntary national criminal history background check system and criminal history review program for certain individuals who1 related to their employment1 have access to children1 the elderly1 or individuals with disabilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,child ,protection ,improvements ,act of #bjag4 #b4 ,national ,criminal ,history ,background ,check and ,criminal ,history ,review ,program ,the ,national ,child ,protection ,act of #aiic 7#cd ,u4,s4,c4 #djaja et seq47 is amended-- 7#a7 in section #c 7#cd ,u4,s4,c4 #djajb7-- 7,a7 by striking provider each place it appears and inserting covered individual2 7,b7 by striking provider's each place it appears and inserting covered individual's2 7,c7 by amending subsection 7a77#c7 to read as follows3 7#c7 7,a7 ,the ,attorney ,general shall establish a program1 in accordance with this section1 to provide qualified entities located in ,states that do not have in effect procedures described in paragraph 7#a71 or qualified entities located in ,states that do not prohibit the use of the program established under this paragraph1 with access to national criminal history background checks on1 and criminal history reviews of1 covered individuals4 7,b7 ,a qualified entity described in subparagraph 7,a7 may submit to the appropriate designated entity a request for a national criminal history background check on1 and a criminal history review of1 a covered individual4 ,qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection 7b71 and with any additional applicable procedures set forth by the ,attorney ,general or by the ,state in which the entity is located4 2 7,d7 in subsection 7b7-- 7i7 in paragraph 7#a77;,e71 by striking unsupervised2 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 that the ,state1 or in a ,state that does not have in effect procedures described in subsection 7a77#a71 the designated entity1 ensures that-- 7i7 each covered individual who is the subject of a background check under subsection 7a7 is entitled to obtain a copy of any background check report2 7ii7 each covered individual who is the subject of a background check under subsection 7a7 is provided a process by which the covered individual may appeal the results of the background check to challenge the accuracy or completeness of the information contained in the background report of the covered individual2 and 7iii7 7,i7 each covered individual described in clause 7ii7 is given notice of the opportunity to appeal2 7,,ii7 each covered individual described in clause 7ii7 will receive instructions on how to complete the appeals process if the covered individual wishes to challenge the accuracy or completeness of the information contained in the background report of the covered individual2 and 7,,iii7 the appeals process is completed in a timely manner for each covered individual described in clause 7ii72 and 7,b7 the ,state1 or in a ,state that does not have in effect procedures described in subsection 7a77#a71 the designated entity1 may allow for a review process-- 7i7 through which the ,state or designated entity1 as the case may be1 may determine that a covered individual who is the subject of a background check under subsection 7a7 is disqualified for a crime specified in subsection 7f77#b77;,c72 and 7ii7 which shall be consistent with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 2 7iii7 in paragraph 7#c71 by inserting after authorized agency the following3 or designated entity1 as applicable12 and 7iv7 in paragraph 7#d71 by inserting after authorized agency the following3 or designated entity1 as applicable12 7,e7 in subsection 7d71 by inserting after officer or employee thereof1 the following3 1 nor shall any designated entity nor any officer or employee thereof12 7,f7 by amending subsection 7e7 to read as follows3 7e7 ,fees 7#a7 ,state program ,in the case of a background check conducted pursuant to a ,state requirement adopted after ,december #bj1 #aiic1 conducted with fingerprints on a covered individual1 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 fingerprints4 7#b7 ,federal program ,in the case of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection 7a77#c71 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 services4 ,the designated entity shall remit the appropriate portion of such fee to the ,attorney ,general1 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 ,investigation4 7#c7 ,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 programs to care for children1 the elderly1 or individuals with disabilities4 ,a fee charged to a qualified entity that is not organized under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf may not be less than the total sum of the costs of the ,federal ,bureau of ,investigation and the designated entity4 2 and 7,g7 by inserting after subsection 7e7 the following3 7f7 ,national criminal history background check and criminal history review program 7#a7 ,national criminal history background check ,upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection 7a77#c71 the designated entity shall forward the request to the ,attorney ,general1 who shall1 acting through the ,director of the ,federal ,bureau of ,investigation1 complete a fingerprint-based check of the national criminal history background check system1 and provide the information received in response to such national criminal history background check to the appropriate designated entity4 ,the designated entity may1 upon request from a qualified entity1 complete a check of a ,state criminal history database4 7#b7 ,criminal history review 7,a7 ,designated entities ,the ,attorney ,general shall designate1 and enter into an agreement with1 one or more entities to make determinations described in paragraph 7#b74 ,the ,attorney ,general may not designate and enter into an agreement with a ,federal agency under this subparagraph4 7,b7 ,determinations ,a designated entity shall1 upon the receipt of the information described in paragraph 7#a71 make a determination of fitness described in subsection 7b77#d71 using the criteria described in subparagraph 7,c74 7,c7 ,criminal history review criteria ,a covered individual may be determined to be unfit under subsection 7b77#d7 if the covered individual-- 7i7 refuses to consent to a criminal background check under this section2 7ii7 knowingly makes a materially false statement in connection with a criminal background check under this section2 7iii7 is registered1 or is required to be registered1 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 #bjjf 7#cd ,u4,s4,c4 #bjija et seq472 7iv7 has been convicted of a felony consisting of-- 7,i7 murder1 as described in section #aaaa of title #ah1 ,united ,states ,code2 7,,ii7 child abuse or neglect2 7,,iii7 a crime against children1 including child pornography2 7,,iv7 spousal abuse2 7,v7 a crime involving rape or sexual assault2 7,,vi7 kidnapping2 7,,vii7 arson2 7,,viii7 physical assault or battery2 or 7,,ix7 a drug-related offense committed during the preceding #e years2 7v7 has been convicted of a violent misdemeanor committed as an adult against a child1 including-- 7,i7 child abuse2 7,,ii7 child endangerment2 7,,iii7 sexual assault2 or 7,,iv7 of a misdemeanor involving child pornography2 or 7vi7 in the case of a covered individual who has1 seeks to have1 or may have access to the elderly or individuals with disabilities1 has been convicted of any criminal offense relating to the abuse1 exploitation1 or neglect 7as those terms are defined in section #bjaa of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;j77 of an elder or an individual with disabilities4 2 and 7#b7 in section #e 7#cd ,u4,s4,c4 #djajd7-- 7,a7 by amending paragraph 7#i7 to read as follows3 7#i7 the term covered individual means an individual-- 7,a7 who has1 seeks to have1 or may have access to children1 the elderly1 or individuals with disabilities1 served by a qualified entity2 and 7,b7 who-- 7i7 is employed by or volunteers with1 or seeks to be employed by or volunteer with1 a qualified entity2 or 7ii7 owns or operates1 or seeks to own or operate1 a qualified entity2 2 7,b7 in paragraph 7#aj71 by striking and at the end2 7,c7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7,d7 by inserting after paragraph 7#aa7 the following3 7#ab7 the term designated entity means an entity designated by the ,attorney ,general under section #c7;f77#b77;,a74 4 #c4 ,effective date ,this ,act and the amendments made by this ,act shall be fully implemented by not later than #a year after the date of enactment of this ,act4 ,passed the ,senate ,october #af1 #bjag4,secretary