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.
- Sponsor
- Rep. Fry, Russell [R-SC-7]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 15, 2026
Bottom line
This bill broadens the scope of federal background checks to include contractors, subcontracted personnel, and licensed/certified individuals working with vulnerable populations, aiming to enhance safety.
What it actually does
This bill amends the National Child Protection Act of 1993 to significantly expand the categories of individuals subject to federal background checks when working with vulnerable populations. It specifically includes individuals who contract directly with qualified entities, employees or volunteers of entities that are themselves under contract with a qualified entity, and individuals who are licensed or certified by a qualified entity to provide care.
Proponents argue
Proponents argue that this bill is essential to close existing loopholes that allow individuals who might pose a risk to vulnerable populations to bypass necessary background checks by working as contractors, through third-party entities, or by being licensed without comprehensive screening. This expansion ensures a more consistent and robust standard of protection for children, the elderly, and individuals with disabilities.
Opponents contend
Opponents might raise concerns that this expansion could lead to increased administrative burdens and costs for businesses and non-profit organizations, potentially causing delays in service provision or making it more difficult for qualified individuals to enter or remain in care-providing roles. They may also argue that existing state-level background check requirements are sufficient for many of these categories.
The bill text is exceptionally short and clear, allowing for quick and complete comprehension of its provisions.
Section 1, amending Section 5(9)(B) of the National Child Protection Act of 1993 (34 U.S.C. 40104(9)(B))
Expansion of 'Covered Individual' Definition for Background Checks
This provision significantly broadens the definition of who is considered a 'covered individual' for the purpose of federal background checks under the National Child Protection Act of 1993. It adds three new categories: individuals who contract directly with a qualified entity (an organization working with vulnerable populations); individuals employed by or volunteering with an entity that is under contract with a qualified entity; and individuals who are licensed or certified by a qualified entity. This ensures a more comprehensive screening process for a wider range of personnel interacting with vulnerable populations.
Supporters argue
Supporters argue this expansion is critical to close existing loopholes that allow individuals who might pose a risk to vulnerable populations to bypass background checks by working as contractors or through third-party entities, or by being licensed without proper screening. It ensures a consistent and robust standard of safety across all forms of engagement with vulnerable individuals.
Critics contend
Critics might contend that this expansion could create unnecessary administrative burdens for small businesses and non-profits, potentially leading to delays in service provision or increased costs. They might also argue that existing state-level background check requirements are sufficient for many of these categories, making federal expansion redundant or overly burdensome.
Tradeoffs
The bill navigates the tension between enhancing safety and protection for vulnerable populations and the potential for increased administrative costs, compliance burdens, and processing delays for organizations and individuals involved in care provision.