[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.
____________________