Definition of child care protection act

107 STAT. 2490 PUBLIC LAW 103-209 -- DEC. 20, 1993

PUBLIC LAW 103-209
103d Congress

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.

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.

Not later than 180 days after the date of enactment of this Act, the Attorney General shall, subject to availability of

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;

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 5 years;

The Attorney General shall publish an annual statistical summary of child abuse crimes.

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

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

SEC. 3. BACKGROUND CHECKS. 42 USC 5119a.

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.

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

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;

to obtain a copy of any background check report; and

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 recordkeeping.

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

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

in paragraph (2) by striking "and" after the semicolon;

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

for the computerization of criminal history files for the purposes of this Act;

SEC. 5. DEFINITIONS. 42 USC 5119c.

For the purposes of this Act --

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;

is employed by or volunteers with a qualified entity;

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

Approved December 20, 1993

LEGISLATIVE HISTORY -- H.R. 1237.
HOUSE REPORTS: No. 103-393 (Comm. on the Judiciary)
CONGRESSIONAL RECORD. Vol. 139 (1993):
Nov. 20. considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 29 (1993):
Dec. 20. Presidential remarks.

Sec. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.

PROTECTION OF THE ELDERLY AND INDIVIDUALS WITH

BACKGROUND CHECKS. -- Section 3(a)(1) of the National Child Protection Act of 1993 (42 U.S.C. 5119a) is amended by striking "an individual's fitness to have responsibility for the safety and well-being of children" and inserting "the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities".

by striking "child" the first place it appears and inserting "person"; and

by amending paragraph (5) to read as follows: "(5) the term 'care' means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;"; and

by striking "and" at the end of subparagraph (C);

IN GENERAL. -- The Attorney General, in consultation with Federal, State, and local officials, including officials responsible for criminal history record systems, and representatives of public and private care organizations and health, legal, and social welfare organizations, shall develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse.

by redesigning paragraph (6), (7), (8), and (9) as paragraph (8), (9), (10), and (11), respectively; and