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.
- Bill Number
- H.R. 3100
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-04-30: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-24T17:12:47Z
AI-Generated Summary
Summary of H.R. 3100
Purpose
This bill aims to expand access to background checks under the National Child Protection Act of 1993, allowing businesses and organizations that serve vulnerable populations (such as children or others at risk) to request checks on contractors who work with these groups, as well as on individuals they license or certify to provide care.
Key Provisions
- Amends the definition of a "covered individual" in Section 5(9)(B) of the National Child Protection Act of 1993 (codified at 34 U.S.C. 40104(9)(B)).
- Expands eligibility for background checks to include:
- Individuals employed by, contracting with, or seeking such roles with qualified entities (e.g., organizations serving vulnerable populations).
- Those employed by or volunteering with, or seeking such roles with, entities under contract with qualified entities.
- Individuals licensed or certified, or seeking such status, by qualified entities to provide care.
Significant Changes to Existing Law
- The original law focused on employees and volunteers directly with qualified entities. This bill broadens it to explicitly include contractors and their affiliated entities, as well as those licensed or certified by these organizations.
- Adds new clauses to the definition, inserting language for contracts and certifications, and redesignating existing clauses for clarity.
- Does not alter the core background check process but extends who can be checked, making the law more inclusive of indirect workers.
Potential Impacts
- On government agencies: May increase workload for agencies like the FBI that process background checks, potentially requiring more resources for handling expanded requests.
- On citizens: Enhances safety for vulnerable populations by allowing more thorough vetting of caregivers and service providers, but could raise privacy concerns for individuals subject to checks.
- On international relations: No direct impact, as the bill focuses on domestic background checks for U.S.-based entities and individuals.
Main Stakeholders
- Businesses and organizations serving vulnerable populations (e.g., child care providers, schools, nonprofits), who gain easier access to background checks.
- Contractors, volunteers, and licensed/certified individuals working with these groups, who may face more frequent vetting.
- Vulnerable populations (primarily children, but potentially others like the elderly or disabled), who benefit from increased protections.
- Government entities administering checks, such as the Department of Justice and state agencies.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens child protection frameworks by closing gaps in vetting indirect workers, aligning with broader efforts to prevent abuse; however, it must comply with privacy laws like the Privacy Act to avoid overreach in personal data collection.
- Constitutional: Could intersect with Fourth Amendment privacy rights if checks are seen as overly intrusive, though background checks for sensitive roles are generally upheld as reasonable.
- Political: Supports bipartisan child safety priorities (introduced by Reps. Fry and Moskowitz), potentially appealing across party lines, but may spark debates on balancing security with individual rights in employment contexts.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (4)
Rep. Moskowitz, Jared [D-FL-23], Rep. Lee, Laurel M. [R-FL-15], Rep. Schmidt, Derek [R-KS-2], Rep. Nehls, Troy E. [R-TX-22]
Recent Actions
- 2025-04-30: Referred to the House Committee on the Judiciary.
- 2025-04-30: Introduced in House
- 2025-04-30: Introduced in House
Bill Versions
- 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. — issued 2025-04-30 — PDF (2 pages)