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Expands who is covered by federal child-protection background checks by changing the legal definition used to determine which people must be screened. The change adds people who work for or volunteer with organizations that have contracts with a covered ("qualified") entity and adds people who are licensed or seeking licensure or certification by a qualified entity. This is a targeted, technical amendment to the background-check definition; it does not create new programs or appropriate funds but will increase the pool of people who can be checked under the existing federal child-protection background check system and may require entities and licensing bodies to update policies and processes.
Amend Section 5(9)(B) of the National Child Protection Act of 1993 (34 U.S.C. 40104(9)(B)).
In clause (i): (A) by inserting after ; (B) by inserting after ; and (C) by striking "or" at the end. (Text placeholders are shown exactly as in the section.)
Redesignate the existing clause (ii) as clause (iii).
Insert a new clause (ii) after clause (i) stating: "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;"
In clause (iii), as redesignated, add at the end the text: "; and \"or\"" (language shown exactly as in the section).
Who is affected and how:
Employees and workers: More workers who are employed indirectly (through contractors or subcontractors) with organizations that serve or supervise children may now be eligible for federal child-protection background checks. Employers must factor background-check timing and costs into hiring and contracting processes.
Volunteers: Volunteers who serve with contractors or subcontracted organizations tied to a qualified entity may now be covered, potentially adding screening steps that could affect volunteer recruitment and onboarding timelines.
Contractors and subcontractors: Organizations that contract with qualified entities will likely need to implement or expand employee and volunteer screening procedures to meet the broader definition; this can increase compliance workloads and costs.
Licensing and certification applicants and boards: Individuals seeking licensure or certification from qualified entities may need to undergo federal background checks as part of credentialing; licensing boards or certifying bodies must adapt their processes accordingly.
Qualified entities and program administrators: Must update policies, contract language, and administrative processes to ensure appropriate persons are submitted for background checks. They also must manage increased record flow and privacy safeguards.
Background-check system operators (federal/state agencies, FBI/National Crime Information Center interfaces): May see an increased volume of checks to process, with corresponding administrative impacts. The statutory change itself does not provide additional funding, so operational capacity will rely on existing resources.
Net effect: The change narrows gaps in coverage by extending background-check eligibility to people connected indirectly to qualified entities and to licensure applicants, improving protective reach but increasing administrative and privacy management demands for multiple stakeholders.
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Read twice and referred to the Committee on the Judiciary. (text: CR S2716: 2)
Introduced April 30, 2025 by Richard Joseph Durbin · Last progress April 30, 2025
Placed on Senate Legislative Calendar under General Orders. Calendar No. 128.
Committee on the Judiciary. Reported without amendment. Without written report.
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Read twice and referred to the Committee on the Judiciary. (text: CR S2716: 2)