AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993.

SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT OF 1993. (a) Protection of the Elderly and Individuals With Disabilities.— (1) 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”. (2) Guidelines.—Section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended— (A) in paragraph (1)(E)— (i) by striking “child” the first place it appears and inserting “person”; and (ii) by striking “child” the second place it appears; and (B) in paragraph (4) 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”. (3) Definition of care.—Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c(5)) is amended— (A) 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 (B) in paragraph (8) by striking “child care” each place it appears and inserting “care”. (b) Information Required To Be Reported.—Section 2(a) of the National Child Protection Act of 1993 (42 U.S.C. 5119(a)) is amended by adding at the end “A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.”. (c) Clarification of Immunity Provision.—Section 3(d) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is amended by inserting “(other than itself)” after “failure of a qualified entity”. (d) Defrayment of Costs to Volunteers of Conducting Background Checks.—Section 4(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119b(b)) is amended— (1) by striking “and” at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(E) to assist the State in paying all or part of the cost to the State of conducting background 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.” . (e) Fees.—Section 3(e) of the National Child Protection Act of 1993 is amended by striking “the actual cost” and inserting “eighteen dollars, respectively, or the actual cost, whichever is less,”. (f) Costs of the FBI.—Funds authorized to be appropriated to the Federal Bureau of Investigation under section 190001(c) of this Act may be used to pay all or part of the cost to the Federal Bureau of Investigation of carrying out the National Child Protection Act of 1993, including the cost of conducting background 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. (g) [34 U.S.C. 40101 note] Guidelines.— (1) 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. (2) Matters to be addressed.—In developing guidelines under paragraph (1), the Attorney General shall address the availability, cost, timeliness, and effectiveness of criminal history background checks and recommend measures to ensure that fees for background checks do not discourage volunteers from participating in care programs. (3) Dissemination.—The Attorney General shall, subject to the availability of appropriations, disseminate the guidelines to State and local officials and to public and private care providers. (h) Change of Report Deadline.—Section 2(f)(2) of the National Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amended by striking “1 year” and inserting “2 years”. (i) Change of Implementation Deadline.—Section 2(b)(2)(A) of the National Child Protection Act of 1993 (42 U.S.C. 5119(b)(2)(A)) is amended by striking “3 years” and inserting “5 years”. (j) Definition of Child Abuse Cases and Individuals With Disabilities.—Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c) is amended— (1) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (8), (9), (10), and (11), respectively; and (2) by inserting after paragraph (5) the following new paragraphs: “(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 reference 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 impairment who require assistance to perform one or more daily living tasks;” .