[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[House]
[Pages 19090-19091]
[From the U.S. Government Publishing Office, www.gpo.gov]




     CRIMINAL HISTORY BACKGROUND CHECKS PILOT EXTENSION ACT OF 2010

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 3998) to extend the Child Safety Pilot Program.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3998

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Criminal History Background 
     Checks Pilot Extension Act of 2010''.

     SEC. 2. EXTENSION.

       Section 108(a)(3)(A) of the PROTECT Act (42 U.S.C. 5119a 
     note) is amended by striking ``92-month'' and inserting 
     ``104-month''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from California (Mr. Daniel E. 
Lungren) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Mr. Speaker, S. 3998, the Criminal History Background Checks Pilot 
Extension Act of 2010, will extend the national child safety pilot 
program for an additional 12 months.
  Many Americans across the country graciously give their time and 
energy to volunteer and mentor children. While most of these volunteers 
act with good intentions, it is important that we are able to identify 
those who may misuse these opportunities to harm children.
  The national child safety pilot program was passed in 2003 as part of 
the PROTECT Act. This program assists organizations in checking the 
criminal records of volunteers before placing them as mentors with 
children.
  Since 2003, the national child safety pilot project has enabled State 
governments to work with youth-serving organizations to access FBI's 
national fingerprint-based background checks system. The pilot program 
has helped prevent child predators and sex offenders from getting 
access to children through legitimate mentoring programs by providing 
access to the more comprehensive data in the FBI's database. We have 
authorized this noncontroversial fee-based program on three other 
occasions in anticipation of creating a permanent program. This pilot 
program has provided extremely important information to mentoring 
organizations--at no cost to taxpayers. We hope that this 12-month 
extension will give us more time to work with the Senate and the 
Department of Justice to permanently authorize this program.
  I would like to thank the gentleman from California (Mr. Schiff) for 
his leadership in this legislation and his commitment to keeping 
children safe. I urge my colleagues to support this important 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Today, the House considers S. 3998, the Criminal History Background 
Checks Pilot Extension Act of 2010. This bill was introduced by Senator 
Schumer of New York and recently passed the Senate by unanimous 
consent. I might just say parenthetically it makes me feel good that I 
finally found a bill sponsored by the gentleman from New York that I 
could support.
  This bill extends the child safety pilot program, which provides 
background checks for volunteer organizations that work with children, 
for an additional year. Originally created, as the gentleman from 
Virginia said, in 2003 under the PROTECT Act, the child safety pilot 
program has proven itself to be an effective resource for protecting 
our children. Through the pilot project, nonprofit organizations that 
provide youth-based care may request criminal history background checks 
from the FBI on applicants for volunteer or employee positions that 
involve working with children.
  A study by the National Center for Missing and Exploited Children 
provided data that underscores the importance of the pilot program. The 
National Center found that of almost 90,000 background checks performed 
through the pilot program, 6 percent of volunteer applicants were found 
to have a criminal history of concern. These included serious offenses 
such as sexual abuse of minors, assault, child cruelty, drug offenses 
and even murder. Further, over 42 percent of those with criminal 
histories had convictions in a State other than the State in which they 
then were applying to volunteer.

[[Page 19091]]

If the volunteer group had performed a search only of the in-state 
records, many relevant criminal convictions would not have been 
identified. One youth-serving organization that received 1600 
applications for volunteer positions found that over 50 percent of the 
applicants lied about having a criminal history, even though they knew 
it would be subjected to a background check. Of the applicants with 
criminal records, 23 percent had a different name reflected on their 
record than the one used to apply to volunteer. Without access to the 
national criminal database, many of these dangerous individuals may 
have slipped through the cracks.
  Mr. Speaker, volunteer and other child-serving organizations across 
the country are working hard to provide safe learning and growing 
environments for our children. That means hiring professional and 
responsible employees. This bill will help and continues to help these 
groups to do just that, by extending the pilot program.
  The child safety pilot program is supported by the Boys and Girls 
Clubs of America; the YMCA; the Salvation Army; Big Brothers, Big 
Sisters of America; and Volunteers of America as well as many other 
important organizations. Many Members of this body are parents first 
and Members of Congress second. This legislation is critical to keeping 
our children safe from criminals.
  If just a single child does not become a victim of crime because of 
this program, then obviously it will have been successful. I urge my 
colleagues to join me in supporting this important legislation.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 4 minutes to the 
gentlelady from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. I thank the manager of this bill for his 
continuing leadership on issues of ensuring the safety of our children. 
To the manager for our friends on the other side of the aisle, I 
likewise thank him for his long record in law enforcement and for 
supporting this legislation, which I rise to support, S. 3998, the 
Criminal History Background Checks Pilot Extension Act.
  Mr. Speaker, our children permeate our lives and our society. Not 
only are children engaged in what we call organized activities such as 
the Boys and Girls Clubs which permeate all of our communities and 
districts, or little league baseball, football, soccer and basketball, 
in schools and after-school clubs; but they also do ad hoc things such 
as doing their own volunteer work and working with organizations that 
ask for young people to volunteer. I rise enthusiastically to support 
the opportunity for nonprofits and others to be able to access these 
criminal background checks and applaud the National Center for Missing 
and Exploited Children that I've worked with over the years.
  We are always saddened when we hear of a missing child, an abused 
child, or a child that has been murdered. Over the last couple of 
months and in the last year, we have seen children that have been 
dismembered, we have seen children that have been lost, we have seen 
children that have been brutally abused; certainly some at the hands of 
their relatives or parents. But if we can protect these children when 
they leave our home to ensure that they do have the safety of the adult 
leadership that is working with them, we will have made a giant step 
forward. Our children are our most precious resource. If we look at the 
crime statistics, we will see that they represent a sizable proportion 
of those children that have either been sexually abused or in fact 
suffered a violent act. So I think that this expansion is extremely 
important.
  I would also commend to my colleagues my interest in seeing my 
legislation on the DNA data bank on sexual predators to be accessible 
all over the country to law enforcement and particularly isolated to 
those who are sexual predators as relates to children. I have spoken to 
many law enforcement officers who believe that this would be another 
expedited source of assistance to them. Obviously this would be a grim 
set of circumstances because it means that they would have in their 
possession a case that either a child was sexually molested and lived 
or a child was sexually molested and did not live. But anything that we 
can do to ensure that law enforcement within the guidelines of our own 
Constitution and beliefs have all the resources that they need to 
protect our children I believe is extremely important.
  I look forward to working with my colleagues to move this 
legislation, to hold hearings on this legislation, and to ensure that 
we give every tool to law enforcement to protect our children.

                              {time}  1700

  But in the instance of this legislation, this is, in fact, a very 
important statement about our commitment to protecting our children.
  I congratulate Senator Schumer. And to all of the organizations that 
every day encounter adults that work with children, this gives you an 
added extra tool that I know that you will use to be able to ensure 
that our children have a full and complete quality of life, enjoy the 
activities that you provide for them, and, yes, have the opportunity to 
volunteer themselves and work with adults who they know are concerned 
about their best interests and not those who may have a record that 
would undermine the purpose and goals of the organization in which they 
work.
  So, in conclusion, let me thank those who have supported this 
legislation and ask my colleagues to enthusiastically support S. 3998, 
the Criminal History Background Checks Pilot Extension Act.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I reiterate my 
support for this piece of legislation and yield back the balance of my 
time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, S. 3998.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SCOTT of Virginia. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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