34 U.S.C. § 40103 — Funding for improvement of child abuse

Page 589 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40103 ‘‘(F) The existence of ‘model’ or best practice pro- grams which could easily be expanded and dupli- cated in other States. ‘‘(G) The extent to which private companies are currently performing background checks and the possibility of using private companies in the future to perform any of the background check process, in- cluding, but not limited to, the capture and trans- mission of fingerprints and fitness determinations. ‘‘(H) The cost of development and operation of the technology and the infrastructure necessary to es- tablish a nationwide fingerprint-based and other criminal background check system. ‘‘(I) The extent of State participation in the pro- cedures for background checks authorized in the National Child Protection Act [of 1993] (Public Law 103–209), as amended by the Volunteers for Children Act (sections 221 and 222 of Public Law 105–251). ‘‘(J) The extent to which States currently provide access to nationwide criminal history background checks to organizations that serve children. ‘‘(K) The extent to which States currently permit volunteers to appeal adverse fitness determina- tions, and whether similar procedures are required at the Federal level. ‘‘(L) The implementation of the 2 pilot programs created in subsection (a). ‘‘(M) Any privacy concerns that may arise from nationwide criminal background checks. ‘‘(N) Any other information deemed relevant by the Department of Justice. ‘‘(O) The extent of participation by eligible orga- nizations in the state pilot program. ‘‘(2) INTERIM REPORT.—Based on the findings of the feasibility study under paragraph (1), the Attorney General shall, not later than 180 days after the date of the enactment of this Act [Apr. 30, 2003], submit to Congress an interim report, which may include rec- ommendations for a pilot project to develop or im- prove programs to collect fingerprints and perform background checks on individuals that seek to volun- teer with organizations that work with children, the elderly, or the disabled. ‘‘(3) FINAL REPORT.—Based on the findings of the pilot project, the Attorney General shall, not later than 60 days after completion of the pilot project under this section, submit to Congress a final report, including recommendations, which may include a proposal for grants to the States to develop or im- prove programs to collect fingerprints and perform background checks on individuals that seek to volun- teer with organizations that work with children, the elderly, or the disabled, and which may include rec- ommendations for amendments to the National Child Protection Act [of 1993] and the Volunteers for Chil- dren Act [see Short Title of 1998 Act note set out under section 10101 of this title] so that qualified en- tities can promptly and affordably conduct nation- wide criminal history background checks on their employees and volunteers. ‘‘(e) LIMITATION ON LIABILITY.—In connection with the Pilot Programs established under this section, in reliance upon the fitness criteria established under sec- tion 108(a)(3)(G)(i), and except upon proof of actual mal- ice or intentional misconduct, the National Center for Missing and Exploited Children, or a director, officer, employee, or agent of the Center shall not be liable in any civil action for damages— ‘‘(1) arising from any act or communication by the Center, the director, officer, employee, or agent that results in or contributes to a decision that an indi- vidual is unfit to serve as a volunteer for any volun- teer organization; ‘‘(2) alleging harm arising from a decision based on the information in an individual’s criminal history record that an individual is fit to serve as a volunteer for any volunteer organization unless the Center, the director, officer, employee, or agent is furnished with an individual’s criminal history records which they know to be inaccurate or incomplete, or which they know reflect a lesser crime than that for which the individual was arrested; and ‘‘(3) alleging harm arising from a decision that, based on the absence of criminal history information, an individual is fit to serve as a volunteer for any volunteer organization unless the Center, the direc- tor, officer, employee, or agent knows that criminal history records exist and have not been furnished as required under this section.’’ § 40103. Funding for improvement of child abuse crime information (a) Omitted (b) Additional funding grants for improvement of child abuse crime information (1) The Attorney General shall, subject to ap- propriations and with preference to States that, as of December 20, 1993, 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 used— (A) for the computerization of criminal his- tory files for the purposes of this chapter; (B) for the improvement of existing comput- erized criminal history files for the purposes of this chapter; (C) to improve accessibility to the national criminal history background check system for the purposes of this chapter; (D) to assist the State in the transmittal of criminal records to, or the indexing of crimi- nal history record in, the national criminal history background check system for the pur- poses of this chapter; and (E) to assist the State in paying all or part of the cost to the State of conducting back- ground checks on persons who are employed by or volunteer with a public, not-for-profit, or voluntary qualified entity to reduce the amount of fees charged for such background checks. (2) There are authorized to be appropriated for grants under paragraph (1) a total of $20,000,000 for fiscal years 1999, 2000, 2001, and 2002. (c) Withholding State funds Effective 1 year after December 20, 1993, the Attorney General may reduce, by up to 10 per- cent, the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10101 et seq.] that is not in compliance with the requirements of this chapter. (Pub. L. 103–209, § 4, Dec. 20, 1993, 107 Stat. 2493; Pub. L. 103–322, title XXXII, § 320928(d), Sept. 13, 1994, 108 Stat. 2132; Pub. L. 105–251, title II, § 222(c), Oct. 9, 1998, 112 Stat. 1885.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Title I of the Act is classified prin- cipally to chapter 101 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section is comprised of section 4 of Pub. L. 103–209. Subsec. (a) of section 4 of Pub. L. 103–209 amended Page 590 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 40104 former section 3759(b) of Title 42, The Public Health and Welfare. Section was formerly classified to section 5119b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1998—Subsec. (b)(2). Pub. L. 105–251 substituted ‘‘1999, 2000, 2001, and 2002’’ for ‘‘1994, 1995, 1996, and 1997’’. 1994—Subsec. (b)(1)(E). Pub. L. 103–322, which directed the amendment of subsec. (b) by adding subpar. (E) at the end, was executed by adding subpar. (E) at the end of par. (1) of subsec. (b) to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993 For appropriations for amounts authorized in subsec. (b) of this section from the Violent Crime Reduction Trust Fund established by section 12631 of this title, see section 210603(a) of Pub. L. 103–322, set out as a note under section 922 of Title 18, Crimes and Criminal Pro- cedure. § 40104. Definitions For the purposes of this chapter— (1) the term ‘‘authorized agency’’ means a division or office of a State designated by a State to report, receive, or disseminate infor- mation under this chapter; (2) the term ‘‘child’’ means a person who is a child for purposes of the criminal child abuse law of a State; (3) the term ‘‘child abuse crime’’ means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treat- ment, or maltreatment of a child by any per- son; (4) the term ‘‘child abuse crime informa- tion’’ means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, finger- prints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the dis- position of the charge, and any other informa- tion that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime; (5) the term ‘‘care’’ means the provision of care, treatment, education, training, instruc- tion, supervision, or recreation to children, the elderly, or individuals with disabilities; (6) the term ‘‘identifiable child abuse crime case’’ means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by ref- erence to the statutory citation or descriptive label of the crime as it appears in the criminal history record; (7) the term ‘‘individuals with disabilities’’ means persons with a mental or physical im- pairment who require assistance to perform one or more daily living tasks; (8) the term ‘‘national criminal history background check system’’ means the crimi- nal history record system maintained by the Federal Bureau of Investigation based on fin- gerprint identification or any other method of positive identification; (9) the term ‘‘covered individual’’ means an individual— (A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified enti- ty; and (B) who— (i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or (ii) owns or operates, or seeks to own or operate, a qualified entity; (10) the term ‘‘qualified entity’’ means a business or organization, whether public, pri- vate, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that li- censes or certifies others to provide care or care placement services; (11) the term ‘‘State’’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Is- lands, Guam, and the Trust Territories of the Pacific; and (12) the term ‘‘designated entity’’ means an entity designated by the Attorney General under section 40102(f)(2)(A) of this title. (Pub. L. 103–209, § 5, Dec. 20, 1993, 107 Stat. 2493; Pub. L. 103–322, title XXXII, § 320928(a)(3), (j), Sept. 13, 1994, 108 Stat. 2132, 2133; Pub. L. 107–110, title X, § 1075, Jan. 8, 2002, 115 Stat. 2090; Pub. L. 115–141, div. S, title I, § 101(a)(2), Mar. 23, 2018, 132 Stat. 1126.) Editorial Notes CODIFICATION Section was formerly classified to section 5119c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (9). Pub. L. 115–141, § 101(a)(2)(A), amended par. (9) generally. Prior to amendment, par. (9) defined the term ‘‘provider’’. Par. (12). Pub. L. 115–141, § 101(a)(2)(B)–(D), added par. (12). 2002—Par. (9)(A)(i). Pub. L. 107–110, § 1075(1), inserted before semicolon at end ‘‘(including an individual who is employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)’’. Par. (9)(B)(i). Pub. L. 107–110, § 1075(2), inserted before semicolon at end ‘‘(including an individual who seeks to be employed by a school in any capacity, including as a child care provider, a teacher, or another member of school personnel)’’. 1994—Par. (5). Pub. L. 103–322, § 320928(a)(3)(A), amend- ed par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘the term ‘child care’ means the provision of care, treatment, education, training, instruction, su- pervision, or recreation to children by persons having unsupervised access to a child;’’. Pars. (6), (7). Pub. L. 103–322, § 320928(j)(2), added pars. (6) and (7). Former pars. (6) and (7) redesignated (8) and (9), respectively. Par. (8). Pub. L. 103–322, § 320928(j)(1), redesignated par. (6) as (8). Former par. (8) redesignated (10). Pub. L. 103–322, § 320928(a)(3)(B), substituted ‘‘care’’ for ‘‘child care’’ wherever appearing. Pars. (9) to (11). Pub. L. 103–322, § 320928(j)(1), redesig- nated pars. (7) to (9) as (9) to (11), respectively.