[Congressional Record Volume 145, Number 95 (Wednesday, June 30, 1999)]
[Senate]
[Pages S7919-S7921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE MISSING, EXPLOITED, AND RUNAWAY CHILDREN PROTECTION ACT OF 1999 S.
249
Mr. LEAHY. Mr. President, I had planned to be giving a statement on
final passage of the ``Missing, Exploited, and Runaway Children
Protection Act of 1999.'' Unfortunately, I cannot do this, because just
as there was last year, there continues to be a hold up on passing this
important legislation. We could and should have passed this legislation
last year. We could and should pass this legislation today.
Last year we missed that opportunity when the Republican majority in
both Houses of Congress played partisan games and tried to use this
noncontroversial authorization bill as a vehicle to insist on
conferencing a much-criticized Republican juvenile justice bill. That
procedural gimmick cost us valuable time to get this legislation
enacted.
The majority was roundly criticized. The Washington Post went so far
as to call the Republican Majority's short-circuit conference tactic
``faintly absurd.'' The San Francisco Chronicle used even stronger
terms, calling it ``sneaky maneuvering and Byzantine procedural
moves.'' The Philadelphia Inquirer's reaction to this tactic was:
``Shame on the House. And shame on the Senate if it approves this bill
as is, without debate.'' The New York Times labeled this maneuver a
``stealth assault on juvenile justice.''
By contrast to last year, at least in the Senate, procedural ambushes
on juvenile justice legislation have been eschewed and we were given
the opportunity last month to have full and fair debate. After
significant improvements through amendments, the Hatch-Leahy juvenile
justice bill passed the Senate on May 20, 1999 by a strong bipartisan
vote.
Similarly, I am pleased that the Leahy-Hatch substitute to this bill,
the Missing, Exploited, and Runaway Children Protection Act of 1999,
overwhelmingly passed the Senate on April 19. In late May, the House of
Representatives followed suit.
The House, however, inserted new language, not included in the
Senate-passed bill. This new language includes two studies and language
regarding the ``consolidated review of applications" for grants under
the Runaway and Homeless Youth Act.
The first study mandates the Secretary of HHS to examine the percent
of runaways who leave home because of sexual abuse. The study is not
funded and sets an unreasonable time frame. The second instructs the
Secretary of Education to commission a $2.1 million study by the
National Academy of Sciences on the antecedents of school violence in
urban, suburban, and rural schools, including the incidents of school
violence that occurred in Pearl, Mississippi; Paducah, Kentucky;
Jonesboro, Arkansas; Springfield, Oregon; Edinboro, Pennsylvania;
Fayetteville, Tennessee; Littleton, Colorado; and Conyers, Georgia. The
study must include the impact of cultural influences and exposure to
the media, video games, and the Internet.
It is my understanding that this school violence study was slipped
into the legislation after the House committee reported the bill. In
essence this bill seeks to mandate funding from the Department of
Education, although this authorizing legislation, and sets an
unreasonable time frame for a thoughtful study to be conducted. I do
not support such efforts to bypass the consideration of the
Appropriations Committees.
The juvenile violence study inserted into S. 249 also duplicates
numerous studies in, S. 254, the Senate-passed juvenile justice bill.
The studies in S. 254 include:
Study of Marketing Practices of Motion Picture, Recording, and Video/
Personal Computer Game Industries. The Federal Trade Commission and the
Department of Justice are directed to study the extent of the
entertainment industry's marketing of unsuitable materials to minors
and the industry's enforcement of the current rating systems.
Study. This section instructs the Comptroller General to conduct a
study on (1) the incidents of school-based violence; (2) impediments to
combating school-based violence; (3) promising initiatives for
addressing school-based violence; and (4) crisis preparedness of school
personnel and law enforcement officials.
School Violence Research. This section instructs the Attorney General
to establish a research center that will serve as a clearinghouse for
school violence research at the National Center for Rural Law
Enforcement in Little Rock, Arkansas.
National Commission on Character Development. This section creates a
National Commission on Character Development to study and make
recommendations with respect to the impact of cultural influences on
developing and instilling character in America's youth.
Study of Marketing Practices of the Firearms Industry. This section
directs the Federal Trade Commission and the Attorney General to
conduct a study of the marketing practices of the firearms industry to
determine the extent to which the firearms industry advertises its
products to juveniles.
National Media Campaign Against Violence. This section creates a $25
million national media campaign targeted to parents and youth to reduce
and prevent violence by young Americans. The campaign will be operated
by the National Crime Prevention Council with the consultation of
national, statewide or community-based youth organizations.
[[Page S7920]]
Behavioral and Social Science Research on Youth Violence. This
section authorizes the National Institutes of Health, acting through
the Office of Behavioral and Social Sciences Research, to conduct a
comprehensive study on the causes and prevention of youth violence.
National Youth Violence Commission. This subtitle establishes a
Commission composed of 16 members to conduct a comprehensive factual
study of incidents of youth violence in order to determine the root
causes of such violence by studying the involvement of teachers and
school administrators, trends in family relationships, alienation of
youth from the families and peer groups, availability of firearms to
youth, impact of youth violence on youth, effects on youth of
depictions of violence in the media, and the availability of
information regarding the construction of weapons. The Commission will
make recommendations to the President and Congress to address the
causes of youth violence and reduce incidents of youth violence in the
form of a report which shall be submitted no later than 1 year after
the date on which the Commission first meets.
The youth violence study inserted into S. 249 by the House also
duplicates ongoing efforts by President Clinton. In August 1998, the
Departments of Justice and Education released ``Early Warning, Timely
Response: A Guide to Safe Schools.'' This guide provides schools and
communities with information on how to identify the early warning signs
and take action steps to prevent and respond to school violence. Every
school in the nation received a copy of the guide.
In October 1998 at the White House Conference the President released
the first Annual Report on School Safety. The report includes an
analysis of all existing national school crime data and an overview of
state and local crime reporting; examples of schools and strategies
that are successfully reducing school violence, drug use and class
disruption; actions that parents can take locally to combat school
crime; and resources available to schools and communities to help
create safe, disciplined and drug-free schools.
On April 1, 1999, a new Safe Schools/Healthy Students Initiative was
announced by Attorney General Janet Reno, Secretary of Education
Richard Riley and Surgeon General David Satcher, M.D., to provide 50
communities with up to $3 million per year for three years to link
existing and new services and activities into a comprehensive
community-wide approach to violence prevention and healthy child
development. It is based on evidence that a comprehensive, integrated
community-wide approach is an effective way to promote healthy
childhood development and address the problems of school violence and
drug abuse.
On June 1, 1999 the President directed the Federal Trade Commission
and the Department of Justice to conduct a joint study of the marketing
practices of entertainment industries to determine whether these
industries are marketing to children violent and other material that is
rated for adults.
There are many more studies and activities I could list, but I think
my point has been made.
I regret that the House has again, as in the last Congress, has taken
a clean bill and chosen to add extraneous matters. Rather than allow
this tactic to delay passage of this already long-delayed and much-
needed authorization for a number of worthwhile programs, I will not
insist that the House amendment be stricken at this time. I will look
to reconsider it in the course of the conference on the S. 254, the
Hatch-Leahy juvenile crime legislation.
The other language inserted by the House that causes me concern is
the ``consolidated review of grant application.'' In the Leahy-Hatch
Senate bill we were careful to make clear the continuation of current
law governing the minimum grants available for small States under Basic
Center grants program.
My concern about the consolidation language, however, has been abated
after I received assurances from Secretary Shalala that small States
will in no way be disadvantaged from receiving funding at current
levels or above. If small States, like Vermont, effectively compete for
national competitive grants programs, that is to their additional
benefit and will not reduce the small State minimums in important
programs like the Basic Center grants program.
In order to address my concern, on May 26, I sent a letter to
Secretary Shalala asking that the Department guarantee that the House
bill, like the Senate bill, preserves the current funding mechanism
under the Runaway and Homeless Youth Act. On June 7, through Secretary
Shalala's Assistant Secretary for Legislation, Rich Tarplin, I received
such assurance and with that, I am pleased to be working to expedite
the enactment of this legislation.
I thank Secretary Shalala and Assistant Secretary Rich Tarplin for
making explicit that small States like Vermont will not be
disadvantaged by the language added by the House. In addition, I thank
Barbara Clark, of the Office of the Assistant Secretary for
Legislation, for her tireless work over too many years to see through
the reauthorization of these programs. I hope all of our efforts are
rewarded with passage of S. 249 as soon as possible.
I ask unanimous consent that copies of my letter to Secretary Shalala
and the response that I received be included in the Record following my
remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. LEAHY. Mr. President, I am also disappointed that the House chose
to scale back the authorization of these program from five years as
passed by the Senate to four years.
The bottom line, however, is that the Runaway and Homeless Youth Act
and the National Center for Missing and Exploited Children have gone
without authorization for too long. We should pass this legislation
without further delay.
I have been able to clear this bill on my side of the aisle.
Unfortunately, the Republicans have not been able to do the same and
are, once again, holding up enactment of this legislation. The holdup
on passage of this already long-delayed and much needed authorization
for a number of worthwhile programs to provide assistance to at risk
children and their families must be put to an end.
The Missing, Exploited, and Runaway Children Protection Act of 1999
authorizes a variety of critical programs for our nation's most at risk
children and youth--those who are missing or have been exploited and
those who have run away or been forced from home or are homeless. The
National Center for Missing and Exploited Children provides extremely
worthwhile and effective assistance to children and families facing
crises across the U.S. and around the world. In 1998, the National
Center helped law enforcement officers locate over 5,000 missing
children. They also handled 132,357 telephone calls to their hotline,
which included calls to report a missing child, to request information
or assistance and to provide leads on missing or potentially exploited
children. This figure includes 10,904 reported leads or sightings of
missing children, an increase of 25 percent over such leads in 1997.
Since 1984, the National Center has helped investigate more than 80
cases involving Vermont children who have been reported missing. They
have had extraordinary success in resolving these cases, some of which
have taken several years and have involved out of state or
international negotiations. I want to thank Ernie Allen and all of the
dedicated employees and volunteers associated with the National Center
for their help in these matters.
The National Center serves a critical role as a clearinghouse of
resources and information for both family members and law enforcement
officers. They have developed a network of hotels and restaurants which
provides free services to parents in search of their children and have
also developed extensive training programs. The National Center has
trained 728 sheriffs and police chiefs from across the U.S. in recent
years, including police chiefs from Dover, Hartford, Brattleboro and
Winooski, Vermont, as well as members of the Vermont State Police. They
have trained an additional 150,000 other officers in child sexual
exploitation and the detection of missing children since 1984.
The National Center is also a leader in reducing the number of infant
abductions by educating nurses, security staffs and hospitals. A
seminar held in Vermont, trained 250 nurses and security personnel,
should provide greater
[[Page S7921]]
peace of mind to new parents in my home State.
Most recently, they have expanded their role in combating the sexual
exploitation of children by going on-line. Last year, they launched
their ``CyberTipline'' which allows Internet users to report suspicious
activities linked to the Internet, including child pornography and the
potential enticement of children on-line. In the second half of 1998,
they received over 4,000 leads from the CyberTipline which resulted in
numerous arrests. I applaud the ongoing work of the Center and hope
that we will promptly pass this bill so that they can proceed with
their important activities with fewer funding concerns.
The National Center established an international division some time
ago and has been working to fulfil the Hague Convention on the Civil
Aspects of International Child Abduction. Last year the National Center
held a conference on international concerns with child abductions and
international custody battles between separated parents from different
countries.
The other important piece of this legislation is the reauthorization
of the Runaway and Homeless Youth Act which distributes funding to
local community programs on the front lines assisting the approximately
1.3 million children and youth each year who are homeless or have left
or been forced from their families for a variety of reasons. Those who
provide services pursuant to these programs and those who are the
beneficiaries of those services are far too important to be left
hanging. In a Congress in which the budget and appropriations processes
have given way to short-lived spending authority, they all deserve the
reassurance of reauthorization and a commitment to funding. Only then
will our State youth service bureaus and other shelter and service
providers be able plan, design and implement the local programs
necessary to make the goals of the Act a reality.
In 1974, Congress passed the Runaway and Homeless Youth Act as Title
III of the Juvenile Justice and Delinquency Prevention Act. The
inclusion of the Runaway and Homeless Youth Act in this legislation
recognized that young people who were effectively homeless were in need
of shelter, guidance and supervision, rather than punishment, and
should be united with their families wherever possible.
Since 1974, the programs that make up the Runaway and Homeless Youth
Act have evolved to meet the complex problems faced by our young
people, their families and our communities. Over the last decade, as a
nation, we have witnessed an increase in teen pregnancy rates, drug and
alcohol abuse beginning as early as grade school, child physical and
sexual abuse, and a soaring youth suicide rate.
Since 1989, the transitional living program has been part of the
Runaway and Homeless Youth Act. This program, which was developed by my
former colleague Senator Simon, has filled a gap in the needs of older
youth to help them make the transition to independent living
situations.
The majority of these program in Vermont are run by the Vermont
Coalition of Runaway and Homeless Youth. The Vermont Coalition is a
community-based network comprised of member programs that provide
crisis response, emergency shelter, counseling, and other services to
troubled youth throughout Vermont counties.
The programs we are seeking to reauthorize include those directed at
young people who have had some kind of alcohol or other drug problem.
The isolation in rural areas can lead to serious substance abuse
problems. It is difficult to reach young people in rural areas and it
is difficult for them to find the services they need. In Vermont, these
drug abuse prevention programs provide essential outreach services.
Service providers are being challenged as never before with an
increasingly complex set of problems affecting young people and their
families. Now is not the time to abandon them. There is consensus among
services providers that young people seeking services and their
families are increasingly more troubled--as evidenced by reports of
family violence, substance abuse and the effects of an array of
economic pressures. These services may well be the key to breaking
through the isolation of street youth, their mistrust of adults, and
their reluctance to get involved with public or private providers.
The programs embodied in S. 249, the Missing, Exploited, and Runaway
Children Protection Act, are important and should not once again be
held hostage to the controversial debate on juvenile crime.
Exhibit 1
United States Senate,
Committee on the Judiciary,
Washington, DC, May 26, 1999.
Hon. Donna Shalala,
Secretary of Health and Human Services,
Washington, DC
Dear Secretary Shalala: I am pleased that we are close to
enactment of S. 249, the Missing, Exploited, and Runaway
Children Protection Act of 1999, which will reauthorize
programs under the Runaway and Homeless Youth Act (RHYA) and
authorize funding for the National Center for Missing and
Exploited Children. The Senate passed the Leahy-Hatch
substitute to S. 249 on April 19, by unanimous consent.
Yesterday, the House passed its version of this legislation.
I am concerned about language inserted into the bill during
House consideration upon which the Senate was not consulted.
That language provides for a ``consolidated review of
applications'' of RHYA grants. Before agreeing to the new
language, I need to be assured that this could in no way be
construed as consolidating any of the RHYA programs under a
single formula allocation.
As you know, under the RHYA, each year each State is
awarded at a minimum $100,000 for housing and crisis services
under the Basic Center grant program. Effective community-
based programs around the country can also apply directly for
the funding available for the Transitional Living Program and
the Sexual Abuse Prevention/Street Outreach grants.
I hope that you can clarify that the new language inserted
by House will do noting to collapse the distinct programs
authorized under the RHYA. These programs are very important
and I would like to see the legislation passed without
further delay.
I have been working since 1996 to enact this reauthorizing
legislation. I worked to have the Senate pass this
legislation during the last Congress and again earlier this
year. With your assurance that Vermont and other small states
will not be disadvantaged by the language inserted by the
House in competing for national grant funding, I will seek to
expedite enactment.
Sincerely,
Patrick Leahy,
Ranking Member.
____
Department of Health &
Human Services,
Washington, DC, June 7, 1999.
Hon. Patrick Leahy,
U.S. Senate, Washington, DC
Dear Senator Leahy: You have asked us to consider the
impact of certain language recently inserted into the House
version of S. 249, the ``Missing, Exploited, and Runaway
Children Act of 1999''. Specifically, you have asked us to
consider whether proposed section 385, Consolidated Review of
Applications, will adversely affect the eligibility of small
States to receive Runaway and Homeless Youth Act (RHYA)
funding above the minimum grant allotment of the RHYA Basic
Center Grant program.
I am advised by General Counsel that currently the
Secretary has wide statutory discretion to prescribe the
procedures which will be used in awarding various grants
under the RHYA. The Secretary presently exercises this
discretion by choosing to include in a consolidated grant
announcement several discrete funding opportunities with
distinct application requirements. After studying the
pertinent language in S. 249, General Counsel has concluded
that the proposed legislation provides for a similar level of
discretion with respect to procedures to be used for various
grant awards under the RHYA. Therefore, since the proposed
legislation does not require the Secretary to change in any
way her current procedures for awarding RHYA grants, it will
not require the Secretary to commingle the current separate
and discrete RHYA funding opportunities so as to adversely
affect the eligibility of small States to receive RHYA
funding above the minimum grant allotment of the RHYA Basic
Center grant program.
I hope this information is helpful to you as you proceed
with final consideration of S. 249. The Department deeply
appreciates all your efforts to reauthorize the Runaway and
Homeless Youth Act.
Sincerely,
Richard J. Tarplin,
Assistant Secretary for Legislation.
____________________