March 26, 2009, 12:00 am ET - Amendment SA 727 proposed by Senator Burr to Amendment SA 687.
March 26, 2009, 12:00 am ET - Amendment SA 727 agreed to in Senate by Voice Vote.
Full Text of this Amendment
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--
``(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.
(As printed in the Congressional Record for the Senate on Mar 26, 2009.)