[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Extensions of Remarks]
[Pages E1968-E1969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CRIME IDENTIFICATION TECHNOLOGY ACT OF 1998

                                 ______
                                 

                               speech of

                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                       Wednesday, October 7, 1998

  Mr. SESSIONS. Mr. Speaker, I want to commend my friends from Florida, 
Mr. McCollum and Mr. Foley, for working together to bring this 
legislation to the floor today. Their hard work is sure to provide 
greater safety to millions of Americans. I want to thank Mr. McCollum, 
especially, who, as Chairman of the House Subcommittee on Crime of the 
Committee on the Judiciary, has given me his assurances that the 
provisions in the bill which allow for criminal background checks do 
not open volunteer organizations to greater liability. As the bill 
allows qualified entities--certain volunteer organizations--to obtain 
national criminal fingerprint background checks, it avails 
organizations that make use of the services generously donated by 
millions of Americans of a privilege heretofore unavailable to them. I 
am grateful for Chairman McCollum's recognition that obtaining criminal 
fingerprint background checks is a costly process from which, at least 
at present, results may not be available on a timely basis. Charities 
must balance the cost, burden, and timeliness of the process against 
the risk that otherwise qualified individuals may be discouraged from 
volunteering, and that needed programs may have to be reduced or 
eliminated to pay for such background checks. The committee included 
section 222 in the bill to provide an

[[Page E1969]]

option to voluntary nonprofit organizations, not to require them, 
either directly or indirectly, to undertake criminal fingerprint 
background checks for employees and volunteers. Chairman McCollum has 
assured me, both personally and in his statement, that failure to seek 
or obtain a criminal fingerprint background check should not be 
construed as a basis for, or offered as evidence of, liability in civil 
litigation against a nonprofit voluntary organization where the lawsuit 
is based on the conduct or actions of an employee or volunteer.
  Once again, I would like to congratulate the gentlemen from Florida 
for their herculean efforts to pass this important legislation, and I 
thank them for the privilege of making a statement on the bill. I urge 
my colleagues to vote in favor of the measure.

                          ____________________