To strengthen criminal history checks for individuals working with vulnerable populations and for other purposes

SA 727. Mr. BURR (for himself and Ms. Mikulski) proposed an amendment
to amendment SA 687 proposed by Ms. Mikulski ( for herself and Mr.
Isakson) to the bill H.R. 1388, entitled ``The Edward M. Kennedy Serve
America Act, and Act to reauthorize and reform the national service
laws.''; as follows:

On page 213, after line 21, insert the following:

SEC. 1613. CRIMINAL HISTORY CHECKS FOR INDIVIDUALS WORKING
WITH VULNERABLE POPULATIONS.

(a) Amendment.--Section 189D, as added by section 1612, is
further amended by adding at the end the following:
``(d) Special Rule for Individuals Working With Vulnerable
Populations.--
``(1) In general.--Notwithstanding subsection (b), on and
after the date that is 2 years after the date of enactment of
the Serve America Act, a criminal history check under
subsection (a) for each individual described in paragraph (2)
shall, except for an entity described in paragraph (3),
include--
``(A) a name-based search of the National Sex Offender
Registry established under the Adam Walsh Child Protection
and Safety Act of 2006 (42 U.S.C. 16901 et seq.);
``(B) a search of the State criminal registry or repository
in the State in which the program is operating and the State
in which the individual resides at the time of application;
and
``(C) submitting fingerprints to the Federal Bureau of
Investigation for a national criminal history background
check.
``(2) Individuals with access to vulnerable populations.--
An individual described in this paragraph is an individual
age 18 or older who--
``(A) serves in a position in which the individual receives
a living allowance, stipend, national service educational
award, or salary through a program receiving assistance under
the national service laws; and
``(B) as a result of such individual's service in such
position, has or will have access, on a recurring basis, to--
``(i) children age 17 years or younger;
``(ii) individuals age 60 years or older; or
``(iii) individuals with disabilities.
``(3) Exceptions.--The provisions of this subsection shall
not apply to an entity--

[[Page S3937]]

``(A) where the service provided by individuals serving
with the entity to a vulnerable population described in
paragraph (2)(B) is episodic in nature or for a 1-day period;
``(B) where the cost to the entity of complying with this
subsection is prohibitive;
``(C) where the entity is not authorized, or is otherwise
unable, under State law, to access the national criminal
history background check system of the Federal Bureau of
Investigation;
``(D) where the entity is not authorized, or is otherwise
unable, under Federal law, to access the national criminal
history background check system of the Federal Bureau of
Investigation; or
``(E) to which the Corporation otherwise provides an
exemption from this subsection for good cause.''.
(b) Feasibility Study for a System of Criminal History
Checks for Employees and Volunteers.--
(1) Feasibility study on efficiency and effectiveness
regarding criminal history check.--The Attorney General of
the United States shall conduct a study that shall examine,
to the extent discernible and as of the date of the study,
the following:
(A) The state of criminal history checks (including the use
of fingerprint collection) at the State and local level,
including--
(i) the available infrastructure for conducting criminal
history checks;
(ii) the State system capacities to conduct such criminal
history checks; and
(iii) the time required for each State to process an
individual's fingerprints for a national criminal history
background check through the Federal Bureau of Investigation,
from the time of fingerprint collection to the submission to
the Federal Bureau of Investigation.
(B) The likelihood that each State would participate in a
nationwide system of criminal history checks to provide
information regarding participants to entities receiving
assistance under the national service laws.
(C) The number of participants that would require a
fingerprint-based national criminal history background check
under the national service laws.
(D) The impact of the national service laws on the
Integrated Automated Fingerprint Identification System of the
Federal Bureau of Investigation in terms of capacity and
impact on other users of the system, including the effect on
the work practices and staffing levels of the Federal Bureau
of Investigation.
(E) The fees charged by the Federal Bureau of
Investigation, States, local agencies, and private companies
to collect and process fingerprints and conduct criminal
history checks.
(F) The existence of model or best practice programs
regarding conducting criminal history checks that could
easily be expanded and duplicated in other States.
(G) The extent to which private companies are currently
performing criminal history checks, and the possibility of
using private companies in the future to perform any of the
criminal history check process, including the collection and
transmission of fingerprints and fitness determinations.
(H) The cost of development and operation of the technology
and the infrastructure necessary to establish a nationwide
fingerprint-based and other criminal background check system.
(I) The extent of State participation in the procedures for
background checks under the National Child Protection Act of
1993 (42 U.S.C. 5119 et seq.).
(J) The extent to which States provide access to nationwide
criminal history checks to organizations that serve children.
(K) The extent to which States permit volunteers and other
individuals to appeal adverse fitness determinations, and
whether similar procedures are required at the Federal level.
(L) Any privacy concerns that may arise from nationwide
criminal background checks for participants.
(M) Any other information determined relevant by the
Attorney General.
(2) Interim report.--Based on the findings of the study
under paragraph (1), the Attorney General shall, not later
than 6 months after the date of the enactment of this Act,
submit to the appropriate committees of Congress an interim
report, which may include recommendations regarding criminal
history checks for individuals that seek to volunteer with
organizations that work with children, the elderly, or
individuals with disabilities.
(3) Final report.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
the Committee on the Judiciary and the Committee on Health,
Education, Labor, and Pensions of the Senate and to the
Committee on the Judiciary and the Committee on Education and
Labor of the House of Representatives, a final report
including recommendations regarding criminal history checks
for participants under the national service laws, which may
include--
(A) a proposal for grants to States to develop or improve
programs to collect fingerprints and perform criminal history
checks for individuals that seek to volunteer with
organizations that work with children, the elderly, or
individuals with disabilities; and
(B) recommendations for amendments to the National Child
Protection Act of 1993 and the Volunteers for Children Act so
that entities receiving assistance under the national service
laws can promptly and affordably conduct nationwide criminal
history background checks on their employees and volunteers.
(4) Definitions.--In this subsection, the terms
``authorizing committees'', ``participants'', and ``national
service laws'' have the meanings given such terms in section
101 of the National and Community Service Act of 1990 (42
U.S.C. 12511).
(c) Effective Date.--Notwithstanding section 6101,
subsection (b) shall take effect on the date of enactment of
this Act.
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