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“VICTIMS OF CHILD ABUSE ACT REAUTHORIZATION ACT OF 2013” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H6875-H6877 on July 28, 2014.
The publication is reproduced in full below:
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.--
``(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 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.
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