[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Extensions of Remarks]
[Page E391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTRODUCTION OF THE CHILD PROTECTION IMPROVEMENTS ACT OF 2008

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                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                        Thursday, March 13, 2008

  Mr. SCHIFF. Madam Speaker, I rise to speak about the introduction of 
the Child Protection Improvements Act of 2008. I introduced this bill 
today with my colleague Congressman Mike Rodgers of Michigan to allow 
youth-serving organizations to perform Federal Bureau of Investigation 
(FBI) fingerprint-based background checks on prospective volunteers. We 
are joined by Senator Joseph Biden, Senator Arlen Specter, and Senator 
Orrin Hatch, who are introducing identical legislation in the Senate.
  A positive, stable influence can make an incredible difference in a 
child's life, and we are lucky to have millions of Americans eager to 
serve their community. In 1986, as a young lawyer, I volunteered as a 
Big Brother and was paired with a wonderful seven year-old named 
``David.'' That relationship has been one of the most rewarding and 
enduring in my life. It also taught me first hand the trust that we 
place in the adult in a mentoring situation. Groups like Big Brothers 
and Big Sisters, the Girl Scouts, and thousands of agencies, large and 
small, are doing amazing work for children across America. This bill is 
about giving them the tools they need to protect children and to 
accomplish their mission.
  The Child protection Improvements Act will allow organizations that 
pair volunteers with children, whether as mentors, Little League 
coaches, or Scout Masters, to perform quick and accurate background 
checks through the FBI's fingerprint-based system. It will be simple 
for organizations to request a check, it will cost non-profits a 
maximum of 525, and they will receive a result in less than a week.
  This legislation arose from the lessons we learned from a 2003 pilot 
program established in the PROTECT Act. The pilot gave certain 
mentoring and youth agencies the ability to submit fingerprints 
directly to the FBI to receive a determination if the volunteers 
criminal record made them unfit for the role. In 2003, and earlier, 
state law enforcement agencies have been able to access the FBI system, 
but as of today only one-third of states have the infrastructure in 
place for a mentoring agency to get an FBI background check in an 
affordable and timely manner.
  The PROTECT ACT pilot demonstrated the need for background checks to 
protect children from predators. Six percent of checks conducted came 
back with serious criminal records, in many cases records that would 
not have turned up through a search of a state database or through a 
name-based, commercial search. There are cases around the nation in 
which applicants were sex offenders, repeat felons, and child abusers. 
The National Center for Missing and Exploited Children (NCMEC) reviewed 
tiles in which an applicant had a criminal record in four states, 
including a conviction for murder, which they didn't reveal when they 
applied to be a volunteer.
  The pilot also taught us that youth serving organizations want to 
watch out for children and they want access to affordable, accurate, 
and prompt background checks. And that was exactly what the pilot 
provided, returning a fitness determination in an average of three to 
five days for less than $20.
  The Child Protection Improvements Act also protects the privacy 
rights of volunteers. No criminal records will he transmitted to anyone 
other than NCMEC without the consent of the volunteer, so their right 
to privacy will be protected. If they believe their record contains 
errors, or if they disagree with the determination of NCMEC, they can 
challenge the completeness of the record or request its full release.
  There is a clear and compelling need for this legislation. By passing 
the Child Protection Improvements Act, Congress will take an important 
step forward in protecting children and supporting the service of 
thousands of community-based youth serving organizations around the 
country.

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