[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.
____________________