[Congressional Record Volume 159, Number 122 (Tuesday, September 17, 2013)]
[House]
[Pages H5569-H5572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 E. CLAY SHAW JR. MISSING CHILDREN'S ASSISTANCE REAUTHORIZATION ACT OF 
                                  2013



 =========================== NOTE =========================== 

  
  September 17, 2013, on page H5569, the following appeared: E. 
CLAY SHAW MISSING CHILDREN}SASSISTANCE REAUTHORIZATION ACT OF 2013
  
  The online version should be corrected to read: E. CLAY SHAW, 
JR. MISSING CHILDREN}SASSISTANCE REAUTHORIZATION ACT OF 2013


 ========================= END NOTE ========================= 

  Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3092) to amend the Missing Children's Assistance Act, and 
for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3092

       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 ``E. Clay Shaw, Jr. Missing 
     Children's Assistance Reauthorization Act of 2013''.

     SEC. 2. AMENDMENTS.

       (a) Findings.--Section 402 of the Missing Children's 
     Assistance Act (42 U.S.C. 5771) is amended--
       (1) by redesignating paragraphs (3) through (9) as 
     paragraphs (4) through (10), respectively, and
       (2) by inserting after paragraph (2) the following:
       ``(3) many missing children are runaways;''.
       (b) Duties and Functions of Administrator.--Section 404 of 
     the Missing Children's Assistance Act (42 U.S.C. 5773) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph(5)--
       (i) by striking ``Representatives, and'' and inserting 
     ``Representatives, the Committee on Education and the 
     Workforce of the House of Representatives,'', and
       (ii) by inserting ``, and the Committee on the Judiciary of 
     the Senate'' after ``Senate'',
       (B) by redesignating paragraphs (4) and (5) as (5) and (6), 
     respectively, and
       (C) by inserting after paragraph (3) the following:
       ``(4) coordinate with the United States Interagency Council 
     on Homelessness to ensure that homeless services 
     professionals are aware of educational resources and 
     assistance provided by the Center regarding child sexual 
     exploitation;'',
       (2) in subsection (b)--
       (A) in paragraph (1)--

[[Page H5570]]

       (i) in subparagraph (C)--

       (I) by striking ``and'' after ``governments,'', and
       (II) by inserting ``State and local educational agencies,'' 
     after ``agencies,'',

       (ii) in subparagraph (R) by striking ``and'' at the end,
       (iii) in subparagraph (S) by striking the period at the end 
     and inserting a semicolon, and
       (iv) by adding at the end the following:
       ``(T) provide technical assistance and training to State 
     and local law enforcement agencies and statewide 
     clearinghouses to coordinate with State and local educational 
     agencies in identifying and recovering missing children;
       ``(U) assist the efforts of law enforcement agencies in 
     coordinating with child welfare agencies to respond to foster 
     children missing from the State welfare system; and
       ``(V) provide technical assistance to law enforcement 
     agencies and first responders in identifying, locating, and 
     recovering victims of, and children at risk for, child sex 
     trafficking.'', and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Limitation.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, no Federal funds may be used to pay the compensation of 
     an individual employed by the Center if such compensation, as 
     determined at the beginning of each grant year, exceeds 110 
     percent of the maximum annual salary payable to a member of 
     the Federal Government's Senior Executive Service (SES) for 
     that year. The Center may compensate an employee at a higher 
     rate provided the amount in excess of this limitation is paid 
     with non-Federal funds.
       ``(B) Definition of compensation.--For the purpose of this 
     paragraph, the term `compensation'--
       ``(i) includes salary, bonuses, periodic payments, 
     severance pay, the value of a compensatory or paid leave 
     benefit not excluded by clause (ii), and the fair market 
     value of any employee perquisite or benefit not excluded by 
     clause (ii); and
       ``(ii) excludes any Center expenditure for health, medical, 
     or life insurance, or disability or retirement pay, including 
     pensions benefits.'',
       (3) in subsection (c)(1)--
       (A) by striking ``periodically'' and inserting 
     ``triennially'', and
       (B) by striking ``kidnapings'' and inserting 
     ``kidnappings'', and
       (4) in subsection (c)(2) by inserting ``, in compliance 
     with the Family Educational Rights and Privacy Act of 1974 
     (20 U.S.C. 1232g)'' after ``birth certificates''.
       (c) Grants.--Section 405(a) of the Missing Children's 
     Assistance Act (42 U.S.C. 5775(a)) is amended--
       (1) in paragraph (1) by inserting ``schools, school 
     leaders, teachers, State and local educational agencies, 
     homeless shelters and service providers,'' after 
     ``children,'', and
       (2) in paragraph (3) by inserting ``and schools'' after 
     ``communities''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       Section 407 of the Missing Children's Assistance Act (42 
     U.S.C. 5777) is amended--
       (1) in subsection (a) by striking ``such'' and all that 
     follows through the period at the end, and inserting 
     ``$40,000,000 for each of the fiscal years 2014 through 2018, 
     up to $32,200,000 of which shall be used to carry out section 
     404(b) for each such fiscal year.'', and
       (2) by striking ``SEC. 407'' and inserting ``SEC. 408''.

     SEC. 4. OVERSIGHT AND ACCOUNTABILITY.

       The Missing Children's Assistance Act (42 U.S.C. 5771 et 
     seq.) is amended by inserting after section 406 the 
     following:

     ``SEC. 407. OVERSIGHT AND ACCOUNTABILITY.

       ``All grants awarded by the Department of Justice that are 
     authorized under this title shall be subject to the 
     following:
       ``(1) Audit requirement.--For 2 of the fiscal years in the 
     period of fiscal years 2014 through 2018, the Inspector 
     General of the Department of Justice shall conduct audits of 
     the recipient of grants under this title to prevent waste, 
     fraud, and abuse by the grantee.
       ``(2) Mandatory exclusion.--If the recipient of grant funds 
     under this title is found to have an unresolved audit 
     finding, then that entity shall not be eligible to receive 
     grant funds under this title during the 2 fiscal years 
     beginning after the 12-month period described in paragraph 
     (4).
       ``(3) Repayment of grant funds.--If an entity is awarded 
     grant funds under this title during the 2-fiscal-year period 
     in which the entity is barred from receiving grants under 
     paragraph (2), the Attorney General shall--
       ``(A) deposit an amount equal to the grant funds that were 
     improperly awarded to the grantee into the General Fund of 
     the Treasury; and
       ``(B) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.
       ``(4) Defined term.--In this section, the term `unresolved 
     audit finding' means an audit report finding in the final 
     report of the Inspector General of the Department of Justice 
     that the grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within a 12-month period beginning on the date 
     when the final audit report is issued.
       ``(5) Nonprofit organization requirements.--
       ``(A) Definition.--For purposes of this section and the 
     grant programs described in this title, the term `nonprofit', 
     relating to an entity, means the entity is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       ``(B) Prohibition.--The Attorney General shall not award a 
     grant under any grant program described in this title to a 
     nonprofit organization that holds money in off-shore accounts 
     for the purpose of avoiding paying the tax described in 
     section 511(a) of the Internal Revenue Code of 1986.
       ``(C) Disclosure.--Each nonprofit organization that is 
     awarded a grant under this title and uses the procedures 
     prescribed in regulations under section 53.4958-6 of title 26 
     of the Code of Federal Regulations to create a rebuttable 
     presumption of reasonableness of the compensation for its 
     officers, directors, trustees and key employees, shall 
     disclose to the Attorney General the process for determining 
     such compensation, including the independent persons involved 
     in reviewing and approving such compensation, the 
     comparability data used, and contemporaneous substantiation 
     of the deliberation and decision. Upon request, the Attorney 
     General shall make the information available for public 
     inspection.
       ``(6) Conference expenditures.--
       ``(A) Limitation.--No amounts authorized to be appropriated 
     under this title may be used to host or support any 
     expenditure for conferences that uses more than $20,000 
     unless the Deputy Attorney General or the appropriate 
     Assistant Attorney General, Director, or principal deputy 
     director as the Deputy Attorney General may designate, 
     provides prior written authorization that the funds may be 
     expended to host a conference.
       ``(B) Written approval.--Written approval under 
     subparagraph (A) shall include a written estimate of all 
     costs associated with the conference, including the cost of 
     all food and beverages, audio/visual equipment, honoraria for 
     speakers, and any entertainment.
       ``(C) Report.--The Deputy Attorney General shall submit an 
     annual report to the Committee on the Judiciary of the 
     Senate, the Committee on the Judiciary of the House of 
     Representatives, and the Committee on Education and the 
     Workforce of the House of Representatives on all conference 
     expenditures approved by operation of this paragraph.
       ``(7) Prohibition on lobbying activity.--
       ``(A) In general.--Amounts authorized to be appropriated 
     under this title may not be utilized by any grant recipient 
     to--
       ``(i) lobby any representative of the Department of Justice 
     regarding the award of any grant funding; or
       ``(ii) lobby any representative of a Federal, state, local, 
     or tribal government regarding the award of grant funding.
       ``(B) Penalty.--If the Attorney General determines that any 
     recipient of a grant under this title has violated 
     subparagraph (A), the Attorney General shall--
       ``(i) require the grant recipient to repay the grant in 
     full; and
       ``(ii) prohibit the grant recipient from receiving another 
     grant under this title for not less than 5 years.
       ``(C) Clarification.--For purposes of this paragraph, 
     submitting an application for a grant under this title shall 
     not be considered lobbying activity in violation of 
     subparagraph (A).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky (Mr. Guthrie) and the gentlewoman from Florida (Ms. Wilson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on H.R. 3092.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. GUTHRIE. Mr. Speaker, I rise today in strong support of H.R. 
3092, and I yield myself such time as I may consume.
  As a father of three children, I can't imagine the horror if one of 
my children were missing or were in harm's way. Just like any other 
parent, the thought is unthinkable and is one that I am thankful to 
have never experienced.
  My first exposure to the issues facing at-risk populations, such as 
those served by programs authorized by the underlying law, was as a 
cadet at West Point, which is just north of New York City. There was a 
shelter in New York City for runaway children. It was heartbreaking to 
hear the stories of these children, many of whom were abused or 
neglected and had no homes to return to. Oftentimes children who have 
run away from their homes are the most in danger of being killed or 
exploited. Approximately 80 percent of children reported missing are, 
in fact, categorized as ``endangered runaways.'' These vulnerable kids 
deserve help.
  My bill, H.R. 3092, will reauthorize the Missing Children's 
Assistance Act

[[Page H5571]]

at current funding levels. Reauthorizing this critical law will ensure 
that the coordination of State and local law enforcement efforts to 
identify, locate, and recover missing, abducted, and sexually exploited 
children continues. We cannot afford to wait.
  The world around us, while often kind and beautiful, can also be 
cruel and ugly; but it is through the work of groups like the National 
Center for Missing and Exploited Children that resources are available 
to assist those in dire need. Chances are that you've seen a hotline 
come across your TV screen that is looking to collect information about 
a missing child but you've never thought about the infrastructure 
behind these efforts. This legislation seeks to reauthorize these 
critical programs and ensure no gap in access for the children, 
families, and communities in need.
  Since its founding in 1984, the center, while partnered with local 
law enforcement, has helped recover more than 188,000 missing children 
across the United States. April 9, 2014, marks the 30th anniversary of 
the Justice Department's awarding the first national clearinghouse 
grant to the center. Just 2 months after its creation, in June of 1984, 
President Reagan celebrated the official opening of the center at a 
White House ceremony, praising this model of public-private 
partnership, which has fulfilled his vision for three decades.
  I applaud the efforts of Chairman Kline, Representative Walberg, and 
my fellow committee members for understanding the importance of this 
legislation and in helping to move it forward. I urge my colleagues to 
support H.R. 3092 so we can continue to support these vital programs.
  I reserve the balance of my time.
  Ms. WILSON of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support of H.R. 3092, the Missing Children's 
Assistance Reauthorization Act of 2013. This bill will be named after 
former Congressman E. Clay Shaw, from my State of Florida, who was a 
defender of children's rights and who recently passed away.
  Since its inception in 1984, the Missing Children's Assistance Act 
has helped identify and recover millions of missing and exploited 
children across our Nation. Now that it is due to expire at the end of 
this month, I urge my colleagues on both sides of the aisle to 
reauthorize this critical legislation that protects society's most 
vulnerable citizens--our precious children. We have made progress. We 
now have the National Center for Missing and Exploited Children and the 
AMBER Alert, but we still have so much work to do. There are still too 
many tragic cases of children being abducted, raped, sexually abused, 
and murdered.
  As a parent, a grandparent, an elementary schoolteacher, and a school 
principal, I was deeply shaken when a beautiful 4-year-old girl, who 
was in the custody of the foster care system, went missing in my own 
community. She was missing for 2 years before anyone even knew it. She 
has never been found. Rilya Wilson's disappearance exposed many of the 
shortcomings of the Department of Children and Families in my home 
State of Florida. One of the most troubling aspects of Rilya's case was 
the fact that Rilya had been withdrawn from preschool. No one gave the 
foster parent permission to withdraw her.

  If she were still in school, there would have been so many eyes 
watching--teachers, parents, and her peers. If she were still in 
school, somebody would have known that she was missing. If this bill 
were in place, Rilya would have been saved by sensible procedures. H.R. 
3092 adds commonsense coordination and oversight provisions that will 
facilitate the protection of foster youth like Rilya.
  First, the bill updates the law that provides Federal support for the 
National Center for Missing and Exploited Children. The center, which 
heads national efforts to locate and return missing children to their 
families, helps to stop the kidnapping and sexual exploitation of young 
people nationwide. They staff 24-hour-a-day, 7-day-a-week call lines to 
both recover missing children and report child exploitation.
  Since its inception in 1984, the center has received 200,062 calls 
for missing children, or an average of 548 calls per day; and it has 
responded to over 3.7 million calls overall. Thanks to the center's 
call hotline, the vast majority of missing children has been recovered 
quickly.
  Second, and specific to Rilya's case, H.R. 3092 requires the national 
center to help law enforcement work with child welfare agencies to 
respond to missing foster children. Foster children continue to go 
missing at much higher rates than their peers, and their disappearances 
tend to go unreported for much longer periods of time.
  Under H.R. 3092, law enforcement agencies must notify the national 
center of each report received relating to missing children from foster 
care. This reauthorization also requires that Federal resources support 
the training and technical assistance of law enforcement to work 
effectively with public schools in order to identify and recover 
missing children. It assists law enforcement in preventing and 
recovering missing children with disabilities.
  H.R. 3092 improves the current efforts of the center to identify, 
locate, and recover victims of child sex trafficking. It also directs 
the center to raise awareness about prevention and educational services 
for programs that support homeless youths who are at significant and 
increasing risk of sexual exploitation.
  I am delighted to see Democrats and Republicans come together in 
order to stand up strong for missing and exploited children. I would 
like to thank Chairman Kline and his staff for their efforts in working 
with Ranking Member Miller and his staff. I would like to thank the 
nonprofit advocates and the bipartisan Senate staff for developing this 
legislation to reauthorize the Missing Children's Assistance Act.

                              {time}  1745

  For me, this is personal. It is about a little girl named Rilya 
Wilson, a foster child born to a drug addicted mother. It's about 
Rilya's legacy and the legacy of so many foster children who suffer. 
For all of us, this should be a simple and sensible way to honor our 
children and protect society's most vulnerable citizens. This is a 
great day in the House of Representatives.
  I yield back the balance of my time.
  Mr. GUTHRIE. Mr. Speaker, I very much appreciate the strong words of 
support from my friend from Florida.
  I now yield 3 minutes to the chairman of the Education and the 
Workforce Committee, the gentleman from Minnesota (Mr. Kline), my 
friend.
  Mr. KLINE. Mr. Speaker, I thank the gentleman from Kentucky for 
yielding the time and for introducing this important legislation.
  Mr. Speaker, I rise in very strong support today of H.R. 3092, the E. 
Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 
2013.
  Mr. Speaker, H.R. 3092 will help prevent the abduction and sexual 
exploitation of children. Since 1984, the National Center for Missing 
and Exploited Children has worked with the Department of Justice to 
build a coordinated national system to aid the recovery of missing 
children, protect children from sexual exploitation, and promote child 
safety and crime prevention. Over the last three decades, the center 
has assisted law enforcement in finding thousands of missing children, 
and its success rate has grown from 62 percent in 1990 to 97 percent 
today; and through its CyberTipline, the center has received and 
referred for investigation more than 2 million reports of crimes 
against children.
  This bill will ensure the National Center for Missing and Exploited 
Children can continue its work on behalf of our most vulnerable 
citizens while also taking steps to protect taxpayers through enhanced 
accountability and oversight. Additionally, the legislation supports 
greater coordination between law enforcement and States, districts, and 
schools in the race to recover missing children. Furthermore, the E. 
Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act 
includes language from a bill authored by my colleague from Michigan, 
Mr. Tim Walberg, that will strengthen the center's work with law 
enforcement to rescue victims of sex trafficking.
  Mr. Speaker, this is a good bill. It helps to protect and defend 
America's children and their families. I applaud and thank Mr. Guthrie 
for his work on this legislation, and I strongly urge my colleagues to 
lend their support.
  Mr. GUTHRIE. Mr. Speaker, as my friend from Florida said, we were 
able

[[Page H5572]]

to work together--House and Senate, Republicans and Democrats--for a 
very important issue. And I want to thank my colleagues who were here 
speaking to the importance of H.R. 3092, the E. Clay Shaw, Jr. Missing 
Children's Assistance Reauthorization Act of 2013.
  The National Center for Missing and Exploited Children has assisted 
law enforcement in the recovery of more than 188,389 missing children 
since it was founded in 1984. As of June 2013, the center's toll-free, 
24-hour call center received more than 3.8 million calls. Reauthorizing 
this law will ensure that the critical coordination of State and local 
enforcement efforts by the center on behalf of missing, abducted, and 
sexually exploited children continues.
  I'm honored to take the lead on this important legislation and urge 
my colleagues to support this bill so we can continue these vital 
programs.
  Again, I thank both sides for working together, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kentucky (Mr. Guthrie) that the House suspend the rules 
and pass the bill, H.R. 3092, as amended.
  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. GUTHRIE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________