Introduction of the Child Protection Improvements Act of 2008

Floor Speech

Date: March 13, 2008
Location: Washington, DC

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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