[Congressional Record Volume 160, Number 119 (Monday, July 28, 2014)]
[House]
[Pages H6875-H6877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         VICTIMS OF CHILD ABUSE ACT REAUTHORIZATION ACT OF 2013

  Mr. FRANKS of Arizona. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 1799) to reauthorize subtitle A of the Victims of 
Child Abuse Act of 1990.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1799

       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 ``Victims of Child Abuse Act 
     Reauthorization Act of 2013''.

     SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD 
                   ABUSE CASES.

       (a) Reauthorization.--Section 214B of the Victims of Child 
     Abuse Act of 1990 (42 U.S.C. 13004) is amended--
       (1) in subsection (a), by striking ``fiscal years 2004 and 
     2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, 
     and 2018''; and
       (2) in subsection (b), by striking ``fiscal years 2004 and 
     2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, 
     and 2018''.
       (b) Accountability.--Subtitle A of the Victims of Child 
     Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 214C. ACCOUNTABILITY.

       ``All grants awarded by the Administrator under this 
     subtitle shall be subject to the following accountability 
     provisions:
       ``(1) Audit requirement.--
       ``(A) Definition.--In this paragraph, the term `unresolved 
     audit finding' means a finding in the final audit report of 
     the Inspector General of the Department of Justice that the 
     audited grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months from the date when the final 
     audit report is issued and any appeal has been completed.
       ``(B) Audit.--The Inspector General of the Department of 
     Justice shall conduct audits of recipients of grants under 
     this subtitle to prevent waste, fraud, and abuse of funds by 
     grantees. The Inspector General shall determine the 
     appropriate number of grantees to be audited each year.
       ``(C) Mandatory exclusion.--A recipient of grant funds 
     under this subtitle that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this subtitle during the following 2 fiscal years.
       ``(D) Priority.--In awarding grants under this subtitle, 
     the Administrator shall give priority to eligible entities 
     that did not have an unresolved audit finding during the 3 
     fiscal years prior to submitting an application for a grant 
     under this subtitle.
       ``(E) Reimbursement.--If an entity is awarded grant funds 
     under this subtitle during the 2-fiscal-year period in which 
     the entity is barred from receiving grants under paragraph 
     (2), the Administrator shall--
       ``(i) deposit an amount equal to the grant funds that were 
     improperly awarded to the grantee into the General Fund of 
     the Treasury; and
       ``(ii) seek to recoup the costs of the repayment to the 
     fund from the grant recipient that was erroneously awarded 
     grant funds.
       ``(2) Nonprofit organization requirements.--
       ``(A) Definition.--For purposes of this paragraph, the term 
     `nonprofit organization' means an organization that 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 Administrator may not award a grant 
     under any grant program described in this subtitle to a 
     nonprofit organization that holds money in offshore 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 subtitle and uses the procedures 
     prescribed in regulations to create a rebuttable presumption 
     of reasonableness for the compensation of its officers, 
     directors, trustees and key employees, shall disclose to the 
     Administrator, in the application for the grant, 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 Administrator shall make the 
     information disclosed under this subparagraph available for 
     public inspection.
       ``(3) Conference expenditures.--

[[Page H6876]]

       ``(A) Limitation.--No amounts authorized to be appropriated 
     to the Department of Justice under this subtitle may be used 
     by the Administrator, or by any individual or organization 
     awarded discretionary funds through a cooperative agreement 
     under this Act, to host or support any expenditure for 
     conferences that uses more than $20,000 in Department funds, 
     unless the Deputy Attorney General or such Assistant Attorney 
     Generals, Directors, or principal deputies as the Deputy 
     Attorney General may designate, including the Administrator, 
     provides prior written authorization through an award process 
     or subsequent application 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, audiovisual 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 
     and the Committee on the Judiciary of the House of 
     Representatives on all approved conference expenditures 
     referenced in this paragraph.''.

     SEC. 3. CRIME VICTIMS FUND.

       Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10601(d)(3)) is amended--
       (1) by inserting ``(A)'' before ``Of the sums''; and
       (2) by striking ``available for the United States Attorneys 
     Offices'' and all that follows and inserting the following: 
     ``available only for--
       ``(i) the United States Attorneys Offices and the Federal 
     Bureau of Investigation to provide and improve services for 
     the benefit of crime victims in the Federal criminal justice 
     system (as described in 3771 of title 18, United States Code, 
     and section 503 of the Victims' Rights and Restitution Act of 
     1990 (42 U.S.C. 10607)) through victim coordinators, victims' 
     specialists, and advocates, including for the administrative 
     support of victim coordinators and advocates providing such 
     services; and
       ``(ii) a Victim Notification System.
       ``(B) Amounts made available under subparagraph (A) may not 
     be used for any purpose that is not specified in clause (i) 
     or (ii) of subparagraph (A).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Franks) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. FRANKS of Arizona. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and to include extraneous materials on S. 1799, currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. FRANKS of Arizona. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today to speak in favor of S. 1799, the Victims of Child Abuse 
Act Reauthorization Act of 2013.
  This bill, introduced by Senators Coons and Blunt, reauthorizes the 
funding streams for child advocacy centers, which are often the first 
line of service providers for the young victims of child abuse, sexual 
assault, and other crimes.
  There are over 750 child advocacy centers located in all 50 States 
and in the District of Columbia and four regional centers that provide 
training and technical assistance to the local centers. The child 
advocacy centers are designed to limit additional trauma to victimized 
children by bringing all of the necessary law enforcement agencies and 
service providers to a single safe place. Depending on the case, they 
can include forensic interview teams, child protection and social 
services, medical care, and mental health services. In addition to 
limiting the trauma for the children, this is an efficient and 
effective approach to investigating child abuse cases.
  In 2013 alone, Mr. Speaker, over 294,000 children were served at 
child advocacy centers, and over 200,000 of those children were victims 
of sexual abuse. More than one-third of the victims seen by the centers 
are under the age of 6 years old, and two-thirds are under the age of 
13. Despite being unauthorized since 2005, the child advocacy center 
programs have received appropriations every year. S. 1799 reauthorizes 
the funding at its current authorization level and provides additional 
accountability measures to ensure that Federal funds are spent 
appropriately. A House companion to this legislation, H.R. 3706, was 
introduced by Representative Ted Poe and was included in the Justice 
for Victims of Trafficking Act, which passed the Judiciary Committee 
and the House floor unanimously earlier this year.
  In addition to reauthorizing the child advocacy centers, S. 1799 
clarifies that funds available to the FBI for victims' services under 
the Justice Department's Crime Victims Fund may only be used to 
directly benefit victims and not for administrative purposes. This 
provision was contained in a House bill, the Justice for Crime Victims 
Act of 2014, which I introduced in March of this year.
  Mr. Speaker, the purpose of section 3 of this bipartisan legislation 
is simple: to reassert Congress' control over the use of the Crime 
Victims Fund, which is so critical for crime victims. Victim 
specialists, also referred to as victim advocates, along with their 
supervisors, victim witness coordinators, should be improving services 
for the benefit of crime victims and not be diverted to other purposes.
  To quote Joan Ganz Cooney: ``Cherishing children is the mark of a 
civilized society.''
  S. 1799 will reauthorize an important tool in our ongoing fight 
against child abuse.
  I commend all of my colleagues who dedicated their efforts to this 
legislation. I urge its passage and quick signature into law.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of the passage of S. 1799, the Victims of Child 
Abuse Act Reauthorization Act of 2013.
  This bill passed the Senate last month and provides important 
services and funding to protect and heal the most vulnerable of all 
crime victims: our children.
  During their participation in the Federal criminal justice system, it 
will provide and improve the resources available to assist children who 
are victims of crime. Child victims will be supported through this 
often lengthy and difficult process by designated victims' 
coordinators, specialists, and advocates. Surplus funds in the Crime 
Victims Fund will be used for a Victim Notification System, which 
preserves and protects the rights of those victims to be involved at 
important steps during the criminal justice process. In addition to 
these services and programs, the bill also authorizes appropriations 
for the children's advocacy program, the development and implementation 
of multidisciplinary child abuse investigation and prosecution 
programs, and grants to provide training and technical assistance to 
attorneys and others who are instrumental during the criminal 
prosecution of child abuse cases in State and Federal courts.
  In these fiscally lean times, it is important to note that the bill 
authorizes the inspector general of the Department of Justice to audit 
grant recipients to prevent waste, fraud, and abuse. This will also 
ensure that all of the funds are used to protect our most vulnerable 
people in the process: crime victims.
  In closing, as we have repeatedly recognized, children are the most 
vulnerable in our society and warrant unique treatment. As a country 
and as a people, we have a constitutional, statutory, and moral 
obligation to provide them with the protection, resources, and support 
they need even under the best circumstances. Our responsibilities and 
moral imperative to act are at the apex when these children are 
victimized and are at our mercy. I, therefore, urge my colleagues to 
support the bill.
  I reserve the balance of my time.
  Mr. FRANKS of Arizona. Mr. Speaker, I continue to reserve the balance 
of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from California (Mr. Costa).
  Mr. COSTA. Mr. Speaker, I rise today in support of S. 1799, the 
Victims of Child Abuse Act Reauthorization Act of 2013.
  This bill, as has been noted by the previous speakers, is the Senate 
companion to H.R. 3706, which I sponsored, along with Congressman Ted 
Poe of Texas and Congressman Fitzpatrick of Pennsylvania. Congressman 
Ted Poe and I cochair the Victims' Rights Caucus that we organized some 
9 years

[[Page H6877]]

ago. He wanted to be here today to express his deep support for this 
legislation.
  As has been noted, the children in our society are the most dear and 
precious to all of us, and they are also the most vulnerable. As a 
society, therefore, we must do all we can to ensure the protection of 
these children. Tragically, the physical or sexual abuse of a child is 
a horrific crime that touches, sadly, every community in America. In 
response to these unconscionable acts, Congress passed the Victims of 
Child Abuse Act in 1990 to provide funding for a network of Children's 
Advocacy Centers across the country, which do great work--over 700 of 
them.
  These centers are essential tools to allow communities to care for 
our children when they are harmed and to deliver justice for the child 
abusers. Children's Advocacy Centers are a unique model and focus on 
teamwork. They bring together law enforcement officials, prosecutors, 
and child service professionals under one roof to do what is best for 
the child. The Community Action Partnership of Madera County, in my 
district, is an accredited child advocacy center in the heart of the 
San Joaquin Valley. I have visited with them. I have met with those who 
work there together to help our children. I know of the good work they 
do.

  The Madera Community Action Partnership--or ``Madera CAP'' as they 
like to refer to themselves--depends on funding from the Victims of 
Child Abuse Act to care for victims and bring justice to the 
perpetrators of these heinous crimes. However, this important law 
expired in 2005, and the President has eliminated or reduced the 
funding for these centers in the last three budgets. Yet Congress, on a 
bipartisan basis, has chosen to continue to provide funding. That is 
why Senator Coons of Delaware, Senator Blunt of Missouri, Congressman 
Poe, Congressman Fitzpatrick, and I have introduced the legislation to 
reauthorize the Victims of Child Abuse Act and to, therefore, protect 
these Children's Advocacy Centers across the country. The bill includes 
strong accountability language to improve the oversight of the program, 
and it ensures that the money from the Crime Victims Fund is spent only 
for victim assistance purposes.
  The bill before us today, once again, is a product of a bipartisan 
and bicameral negotiation, and I thank my colleagues again--Senators 
Coons and Blunt and Congressmen Poe and Fitzpatrick--for their hard 
work and for that of their staffs on this bill.
  Mr. Speaker, finally, I want to urge all of our colleagues to 
strongly support S. 1799. Let's do the right thing by our Nation's 
children and swiftly send this bill to the President's desk.
  I thank Congressman Scott, and I thank Congressman Franks for their 
time and their effort today.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  Mr. FRANKS of Arizona. Mr. Speaker, I would just join with the 
gentleman in urging its passage.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Judiciary and 
Homeland Security Committees and as founder and co-chair of the 
Congressional Children's Caucus I rise in strong support of S. 1799, 
the Victims of Child Abuse Reauthorization Act 2014.
  This bill authorizes the Children's Advocacy Program for FY 2014-18 
and modifies the program to improve the fiscal accountability of those 
receiving grants under the program--including required audits, 
requirements for nonprofit organizations and limitations on conference 
expenditures. It also permits surplus amounts in the Crime Victims Fund 
to be used only for specific purposes: a victim notification system and 
the improvement of services for crime victims in the federal criminal 
justice system.
  Throughout my tenure in Congress and as founder and Co-Chair of the 
Congressional Children's Caucus, I have advocated on behalf of victims 
of abuse, especially children, who are the most vulnerable and innocent 
victims. There is no greater crime that an individual can commit than 
the crime of child molestation and child abuse. The perpetrators of 
this crime rob children of their innocence.
  Moreover, victims of child molestation are profoundly affected for 
the rest of their lives. As parents, elected officials and concerned 
citizens, we have an obligation to condemn this violence, work for 
stronger enforcement of the law and provide adequate funding for 
programs to assist children who may have experienced such abuse.
  Although child sexual abuse is reported almost 90,000 times a year, 
the numbers of unreported abuse is far greater because the children are 
afraid to tell anyone what has happened, and the legal procedure for 
validating an episode is difficult. It is estimated that 1 in 4 girls 
and 1 in 6 boys will have experienced an episode of sexual abuse while 
younger than 18 years.
  Protection from child sexual abuse in the United States is 
principally the responsibility of state and local governments. Each of 
the 50 states has enacted laws defining child sexual abuse and 
mistreatment, determining when outside intervention is required, and 
establishing administrative and judicial structures to deal with 
mistreatment when it is identified.
  In my home city of Houston, child safety continues to be a top 
priority. Houston has the largest child population in Texas with more 
than 1 million children which presents unique challenges. In 2012, 
52,000 children in Houston, Texas were victims of abuse and neglect.
  This bill will provide the funding necessary for Child Advocacy 
Centers to continue serving child victims of violent crimes to the 
highest possible standard. An increase in funding will enable Child 
Advocacy centers to be better equipped in helping law enforcement hold 
perpetrators of these child abuse crimes accountable.
  Children's Advocacy Centers (CACs) are community based public-private 
partnerships dedicated to a team of professionals pursuing the truth in 
child abuse investigations.
  A recently conducted cost-benefit analysis found that the use of a 
Children's Advocacy Center in a child abuse case saved, on average, 
more than $1,000 per case compared with non CAC communities due to the 
efficiencies gained through this tested evidence-supported model.
  Mr. Speaker, this bill will make a difference and deserves the 
overwhelming support of this body.
  The primary mission of a Children's Advocacy Center is to prevent 
further victimization by ensuring that investigations are comprehensive 
and meet the age appropriate needs of the child. Communities with 
Children's Advocacy Centers demonstrate increased successful 
prosecution of perpetrators, reduction in re-abuse rates for child 
victims, as well as better access to medical and mental health care for 
the victims.
  The sheer volume of child abuse victims being served by these Centers 
warrants continued funding at a level which will maintain these 
programs and allow for future development in underserved areas.
  I urge all of my colleagues to join me in protecting our children and 
those suffering from abuse by supporting S. 1799.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Franks) that the House suspend the rules 
and pass the bill, S. 1799.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________