Bill Summary
The proposed legislation aims to amend the National Child Protection Act of 1993 to enhance the ability of businesses and organizations working with vulnerable populations—such as children or individuals with disabilities—to conduct background checks. Specifically, it expands the definition of "covered individual" to include not only employees and volunteers but also contractors and individuals who are licensed or certified by these organizations. This change will allow entities that provide care or services to vulnerable groups to better ensure the safety and security of those they serve by vetting all relevant individuals who may come into contact with these populations.
Possible Impacts
Here are three examples of how the proposed amendment to the National Child Protection Act of 1993 could affect people:
1. **Increased Safety for Vulnerable Populations**: By allowing businesses and organizations that work with vulnerable populations, such as children and the elderly, to request background checks for contractors and certified individuals, the amendment aims to enhance the safety and protection of these groups. This could lead to a decreased risk of abuse or neglect, as individuals with criminal histories that could pose a threat would be less likely to work in these environments.
2. **Employment Opportunities for Individuals**: The requirement for background checks could impact individuals seeking employment or volunteer opportunities in sectors that serve vulnerable populations. While it may enhance safety, it could also limit employment options for individuals with certain past offenses, even if they have rehabilitated. This could lead to difficulties in finding work for people who are otherwise qualified but have criminal records.
3. **Administrative Burden on Organizations**: Organizations that provide care or services to vulnerable populations may face increased administrative responsibilities and costs associated with conducting background checks for their employees, contractors, and certified individuals. They may need to allocate additional resources to comply with the new requirements, which could be a challenge for smaller organizations with limited budgets and staff. This could also lead to delays in hiring or onboarding new staff, impacting service delivery.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3100 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3100
To amend the National Child Protection Act of 1993 to ensure that
businesses and organizations that work with vulnerable populations are
able to request background checks for their contractors who work with
those populations, as well as for individuals that the businesses or
organizations license or certify to provide care for those populations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2025
Mr. Fry (for himself and Mr. Moskowitz) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the National Child Protection Act of 1993 to ensure that
businesses and organizations that work with vulnerable populations are
able to request background checks for their contractors who work with
those populations, as well as for individuals that the businesses or
organizations license or certify to provide care for those populations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINING ``COVERED INDIVIDUAL'' FOR PURPOSES OF BACKGROUND
CHECKS UNDER THE NATIONAL CHILD PROTECTION ACT OF 1993.
Section 5(9)(B) of the National Child Protection Act of 1993 (34
U.S.C. 40104(9)(B)) is amended--
(1) in clause (i)--
(A) by inserting ``, contracts with,'' after ``is
employed by'';
(B) by inserting ``, contract with,'' after ``be
employed by''; and
(C) by striking ``or'' at the end;
(2) by redesignating clause (ii) as clause (iii);
(3) by inserting after clause (i) the following:
``(ii) is employed by or volunteers with,
or seeks to be employed by or volunteer with,
an entity that is under contract with a
qualified entity;'';
(4) in clause (iii), as so redesignated, by adding ``or''
at the end; and
(5) by adding at the end the following:
``(iv) is licensed or certified, or seeks
to be licensed or certified, by a qualified
entity;''.
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