[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.

                          ____________________