[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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