[Congressional Record Volume 149, Number 109 (Tuesday, July 22, 2003)]
[Senate]
[Page S9700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECT ACT OF 2003 TECHNICAL AMENDMENT
Mr. HATCH. Mr. President, I rise to commend my colleagues in the
House of Representatives for passing S. 1280, the PROTECT Act of 2003
Technical Amendment. This bill is directed to that portion of the
PROTECT Act authorizing a pilot program to study the feasibility of
instituting a national background check for volunteers who work with
children. The National Center for Missing and Exploited Children will
provide their expertise by evaluating criminal records of volunteers
provided by the Federal Bureau of Investigation to determine if the
volunteers are fit to interact and work with children.
When authorizing the pilot program, Congress immunized the National
Center for its operation of the child abuse cyber-tip line but
neglected to extend it to their activities connected to their operation
of the background check pilot program. In order for the Center to fully
implement the pilot program, this bill immunizes the Center for
decisions it makes based on the criminal records provided to them in
any one of the following instances: 1. a decision that the records
indicate that a volunteer is not fit to work with children; 2. a
decision that an individual is fit to serve as a volunteer based on the
government providing incomplete or inaccurate criminal history records;
or, 3. a decision that an individual is fit to serve as a volunteer
where the Center is provided no criminal history records.
Chairman Sensenbrenner, Senator Biden, and I have been the principal
authors of this bill. We all agree that this is the proper
interpretation of this technical amendment. I commend Chairman
Sensenbrenner in the House of Representatives for moving this time-
sensitive bill through the House of Representatives so quickly.
Mr. BIDEN. Mr. President, I rise to commend the other body for its
prompt action on S. 1280, legislation introduced by Chairman Hatch and
myself and passed unanimously by the Senate on July 14. Enactment of S.
1280 will clear the way for the commencement of the Child Safety Pilot
Program created by the Protect Act, a program designed to keep our kids
safe from pedophiles and other criminals.
S. 1280 builds upon language included in the Protect Act at section
108 which authorized a pilot program to study the feasibility of
national criminal history background checks for volunteers with
organizations that work with children. In section 108, the National
Center for Missing and Exploited Children is authorized to assist
child-serving organizations in evaluating criminal history records to
determine whether potential volunteers are fit to work with children.
We need to do all that we can to keep pedophiles and other convicted
felons away from our kids. That was the intent of the background check
provisions Senator Hatch, Chairman Sensenbrenner, and I worked to
include in the Protect Act. Instead of giving volunteer organizations
raw criminal history data, the National Center for Missing and
Exploited Children, ``NCMEC'', agreed to review the FBI's data to
determine whether it reveals a criminal history rendering someone unfit
to work with children.
Under section 108 of the Protect Act, NCMEC will evaluate FBI-
provided criminal history records, make a determination whether these
records render a potential volunteer unfit to work with children, and
pass this resulting fitness determination on to the requesting
volunteer organization. Unfortunately, the Protect Act did not limit
NCMEC's civil liability in this area. NCMEC volunteered to take on this
task, but they indicated they would be unable to make fitness
determinations if they are subject to civil suits by aggrieved
volunteers. And while the Protect Act provided NCMEC with a shield from
civil liability for operating its cyber tip line, so long as NCMEC does
so consistent with the purpose of the tip line, no similar protection
was provided with respect to NCMEC's activities under the pilot
background check program.
S. 1280 extends NCMEC's immunity from civil liability to actions they
take pursuant to the pilot program. NCMEC will still be subject to suit
for any criminal actions they take, and liable civilly if a plaintiff
can show actual malice or intentional misconduct on NCMEC's part.
Specifically, S. 1280 immunizes NCMEC for decisions it makes based on
the criminal records provided to them by the FBI in any of the
following instances: 1. When NCMEC provides a volunteer organization
with a fitness determination indicating that a volunteer is not fit to
work with children; 2. When NCMEC provides a volunteer organization
with a fitness determination that an individual is fit to serve as a
volunteer based on incomplete or inaccurate criminal history records
provided by the FBI; or 3. When NCMEC provides a volunteer organization
with a fitness determination that an individual is fit to serve as a
volunteer based on a lack of criminal history records from the FBI. As
an author of S. 1280, I understand my interpretation of the legislation
is consistent with that of Chairmen Hatch and Sensenbrenner.
Enactment of S. 1280 will permit the pilot programs authorized in the
Protect Act to begin on the date called for in the legislation, July
29, 2003. I thank my colleagues in the other body for taking prompt
action on S. 1280. I thank Chairman Hatch for his continued devotion to
child safety issues, and I look forward to the commencement of the
Child Safety Pilot Program next week.
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