Page:United States Statutes at Large Volume 108 Part 3.djvu/380

 108 STAT. 2132 PUBLIC LAW 103-322—SEPT. 13, 1994 er'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 Protec- 42 USC 5119a. tion 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. 42 USC 5119 (g) GUIDELINES.— ^°^- (1) IN GENERAL.—The Attorney General, in consultation with Federal, State, and local officials, including officials

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