,,ii #aaeth ,,congress #ast ,session ,s4 #gje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bc1 #bjag,mr4 ,hatch 7for himself1 ,mr4 ,franken1 ,mr4 ,blunt1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,national ,child ,protection ,act of #aiic to establish a 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#db ,u4,s4,c4 #eaai et seq47 is amended-- 7#a7 in section #c 7#db ,u4,s4,c4 #eaai;a7-- 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 in paragraph 7#b7-- 7,i7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7,,ii7 in the matter preceding clause 7i71 as so redesignated1 by striking that each covered individual who is the subject of a background check and inserting 7,a7 that each covered individual who is the subject of a background check conducted pursuant to the procedures established pursuant to subsection 7a77#a72 and 7,,iii7 by adding at the end the following3 7,b7 that each covered individual who is the subject of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection 7a77#c7 is entitled to challenge the accuracy and completeness of any information in the criminal history record of the individual by contacting the ,federal ,bureau of ,investigation under the procedure set forth in section #af4cd of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 2 7iii7 in paragraph 7#c71 insert after authorized agency the following3 or designated entity1 as applicable12 and 7iv7 in paragraph 7#d71 insert after authorized agency the following3 or designated entity1 as applicable12 7,e7 in subsection 7d71 insert 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 eighteen dollars1 respectively1 or the actual cost1 whichever is less1 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 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 ,the ,attorney ,general shall1 by rule1 establish the criteria for use by designated entities in making a determination of fitness described in subsection 7b77#d74 ,such criteria shall be based on the criteria established pursuant to section #ajh7;a77#c77;,g77i7 of the ,prosecutorial ,remedies and ,other ,tools to end the ,exploitation of ,children ,today ,act of #bjjc 7#db ,u4,s4,c4 #eaai;a note74 2 and 7#b7 in section #e 7#db ,u4,s4,c4 #eaai;c7-- 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 entity4 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