69–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–152

MISSING, EXPLOITED, AND RUNAWAY CHILDREN

PROTECTION ACT

MAY 20, 1999.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. GOODLING, from the Committee on Education and the

Workforce, submitted the following

REPORT

[To accompany H.R. 905]

[Including cost estimate of the Congressional Budget Office]

The Committee on Education and the Workforce, to whom was

referred the bill (H.R. 905) to provide funding for the National Center for Missing and Exploited Children, to reauthorize the Runaway and Homeless Youth Act, and for other purposes, having considered the same, report favorably thereon with an amendment and

recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Missing, Exploited, and Runaway Children Protection Act’’.

SEC. 2. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.

(a) FINDINGS.—Section 402 of the Missing Children’s Assistance Act (42 U.S.C.

5771) is amended—

(1) in paragraph (7), by striking ‘‘and’’ at the end;

(2) in paragraph (8), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

‘‘(9) for 14 years, the National Center for Missing and Exploited Children

has—

‘‘(A) served as the national resource center and clearinghouse congressionally mandated under the provisions of the Missing Children’s Assistance Act of 1984; and

‘‘(B) worked in partnership with the Department of Justice, the Federal

Bureau of Investigation, the Department of the Treasury, the Department

of State, and many other agencies in the effort to find missing children and

prevent child victimization;
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‘‘(10) Congress has given the Center, which is a private non-profit corporation,

access to the National Crime Information Center of the Federal Bureau of Investigation, and the National Law Enforcement Telecommunications System;

‘‘(11) since 1987, the Center has operated the National Child Pornography

Tipline, in conjunction with the United States Customs Service and the United

States Postal Inspection Service and, beginning this year, the Center established a new CyberTipline on child exploitation, thus becoming ‘the 911 for the

Internet’;

‘‘(12) in light of statistics that time is of the essence in cases of child abduction, the Director of the Federal Bureau of Investigation in February of 1997

created a new NCIC child abduction (‘CA’) flag to provide the Center immediate

notification in the most serious cases, resulting in 642 ‘CA’ notifications to the

Center and helping the Center to have its highest recovery rate in history;

‘‘(13) the Center has established a national and increasingly worldwide network, linking the Center online with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, and Puerto Rico, as

well as with Scotland Yard in the United Kingdom, the Royal Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and others, which has enabled the Center to transmit images and information regarding missing children to law enforcement across the United States and around the world instantly;

‘‘(14) from its inception in 1984 through March 31, 1998, the Center has—

‘‘(A) handled 1,203,974 calls through its 24-hour toll-free hotline (1–800–

THE–LOST) and currently averages 700 calls per day;

‘‘(B) trained 146,284 law enforcement, criminal and juvenile justice, and

healthcare professionals in child sexual exploitation and missing child case

detection, identification, investigation, and prevention;

‘‘(C) disseminated 15,491,344 free publications to citizens and professionals; and

‘‘(D) worked with law enforcement on the cases of 59,481 missing children, resulting in the recovery of 40,180 children;

‘‘(15) the demand for the services of the Center is growing dramatically, as

evidenced by the fact that in 1997, the Center handled 129,100 calls, an all-time

record, and by the fact that its new Internet website (www.missingkids.com) receives 1,500,000 ‘hits’ every day, and is linked with hundreds of other websites

to provide real-time images of breaking cases of missing children;

‘‘(16) in 1997, the Center provided policy training to 256 police chiefs and

sheriffs from 50 States and Guam at its new Jimmy Ryce Law Enforcement

Training Center;

‘‘(17) the programs of the Center have had a remarkable impact, such as in

the fight against infant abductions in partnership with the healthcare industry,

during which the Center has performed 668 onsite hospital walk-throughs and

inspections, and trained 45,065 hospital administrators, nurses, and security

personnel, and thereby helped to reduce infant abductions in the United States

by 82 percent;

‘‘(18) the Center is now playing a significant role in international child abduction cases, serving as a representative of the Department of State at cases

under The Hague Convention, and successfully resolving the cases of 343 international child abductions, and providing greater support to parents in the

United States;

‘‘(19) the Center is a model of public/private partnership, raising private sector funds to match congressional appropriations and receiving extensive private

in-kind support, including advanced technology provided by the computer industry such as imaging technology used to age the photographs of long-term missing children and to reconstruct facial images of unidentified deceased children;

‘‘(20) the Center was 1 of only 10 of 300 major national charities given an

A+ grade in 1997 by the American Institute of Philanthropy; and

‘‘(21) the Center has been redesignated as the Nation’s missing children clearinghouse and resource center once every 3 years through a competitive selection

process conducted by the Office of Juvenile Justice and Delinquency Prevention

of the Department of Justice, and has received grants from that Office to conduct the crucial purposes of the Center.’’.

(b) DEFINITIONS.—Section 403 of the Missing Children’s Assistance Act (42 U.S.C.

5772) is amended—

(1) in paragraph (1), by striking ‘‘and’’ at the end;

(2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’;

and

(3) by adding at the end the following:
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‘‘(3) the term ‘Center’ means the National Center for Missing and Exploited

Children.’’.

(c) DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.—Section 404 of the Missing

Children’s Assistance Act (42 U.S.C. 5773) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by striking subsection (b) and inserting the following:

‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR MISSING AND EXPLOITED CHIL- DREN.—

‘‘(1) IN GENERAL.—The Administrator shall annually make a grant to the Center, which shall be used to—

‘‘(A)(i) operate a national 24-hour toll-free telephone line by which individuals may report information regarding the location of any missing child,

or other child 13 years of age or younger whose whereabouts are unknown

to such child’s legal custodian, and request information pertaining to procedures necessary to reunite such child with such child’s legal custodian; and

‘‘(ii) coordinate the operation of such telephone line with the operation of

the national communications system referred to in part C of the Runaway

and Homeless Youth Act (42 U.S.C. 5714–11);

‘‘(B) operate the official national resource center and information clearinghouse for missing and exploited children;

‘‘(C) provide to State and local governments, public and private nonprofit

agencies, and individuals, information regarding—

‘‘(i) free or low-cost legal, restaurant, lodging, and transportation

services that are available for the benefit of missing and exploited children and their families; and

‘‘(ii) the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families;

‘‘(D) coordinate public and private programs that locate, recover, or reunite missing children with their families;

‘‘(E) disseminate, on a national basis, information relating to innovative

and model programs, services, and legislation that benefit missing and exploited children;

‘‘(F) provide technical assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system,

public and private nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; and

‘‘(G) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and

internationally.

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this subsection, $10,000,000 for each

of fiscal years 2000, 2001, 2002, and 2003.

‘‘(c) NATIONAL INCIDENCE STUDIES.—The Administrator, either by making grants

to or entering into contracts with public agencies or nonprofit private agencies,

shall—

‘‘(1) periodically conduct national incidence studies to determine for a given

year the actual number of children reported missing each year, the number of

children who are victims of abduction by strangers, the number of children who

are the victims of parental kidnapings, and the number of children who are recovered each year; and

‘‘(2) provide to State and local governments, public and private nonprofit

agencies, and individuals information to facilitate the lawful use of school

records and birth certificates to identify and locate missing children.’’.

(d) NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.—Section 405(a) of

the Missing Children’s Assistance Act (42 U.S.C. 5775(a)) is amended by inserting

‘‘the Center and with’’ before ‘‘public agencies’’.

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 408 of the Missing Children’s

Assistance Act (42 U.S.C. 5777) is amended by striking ‘‘1997 through 2001’’ and

inserting ‘‘2000 through 2003’’.

SEC. 3. RUNAWAY AND HOMELESS YOUTH.

(a) FINDINGS.—Section 302 of the Runaway and Homeless Youth Act (42 U.S.C.

5701) is amended—

(1) in paragraph (5), by striking ‘‘accurate reporting of the problem nationally

and to develop’’ and inserting ‘‘an accurate national reporting system to report

the problem, and to assist in the development of’’; and
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(2) by striking paragraph (8) and inserting the following:

‘‘(8) services for runaway and homeless youth are needed in urban, suburban,

and rural areas;’’.

(b) AUTHORITY TO MAKE GRANTS FOR CENTERS AND SERVICES.—Section 311 of the

Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) GRANTS FOR CENTERS AND SERVICES.— ‘‘(1) IN GENERAL.—The Secretary shall make grants to public and nonprofit

private entities (and combinations of such entities) to establish and operate (including renovation) local centers to provide services for runaway and homeless

youth and for the families of such youth.

‘‘(2) SERVICES PROVIDED.—Services provided under paragraph (1)—

‘‘(A) shall be provided as an alternative to involving runaway and homeless youth in the law enforcement, child welfare, mental health, and juvenile justice systems;

‘‘(B) shall include—

‘‘(i) safe and appropriate shelter; and

‘‘(ii) individual, family, and group counseling, as appropriate; and

‘‘(C) may include—

‘‘(i) street-based services;

‘‘(ii) home-based services for families with youth at risk of separation

from the family; and

‘‘(iii) drug abuse education and prevention services.’’;

(2) in subsection (b)(2), by striking ‘‘the Trust Territory of the Pacific Islands,’’; and

(3) by striking subsections (c) and (d).

(c) ELIGIBILITY.—Section 312 of the Runaway and Homeless Youth Act (42 U.S.C.

5712) is amended—

(1) in subsection (b)—

(A) in paragraph (8), by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraph (7)’’;

(B) in paragraph (10), by striking ‘‘and’’ at the end;

(C) in paragraph (11), by striking the period at the end and inserting ‘‘;

and’’; and

(D) by adding at the end the following:

‘‘(12) shall submit to the Secretary an annual report that includes, with respect to the year for which the report is submitted—

‘‘(A) information regarding the activities carried out under this part;

‘‘(B) the achievements of the project under this part carried out by the

applicant; and

‘‘(C) statistical summaries describing—

‘‘(i) the number and the characteristics of the runaway and homeless

youth, and youth at risk of family separation, who participate in the

project; and

‘‘(ii) the services provided to such youth by the project.’’; and

(2) by striking subsections (c) and (d) and inserting the following:

‘‘(c) APPLICANTS PROVIDING STREET-BASED SERVICES.—To be eligible to use assistance under section 311(a)(2)(C)(i) to provide street-based services, the applicant

shall include in the plan required by subsection (b) assurances that in providing

such services the applicant will—

‘‘(1) provide qualified supervision of staff, including on-street supervision by

appropriately trained staff;

‘‘(2) provide backup personnel for on-street staff;

‘‘(3) provide initial and periodic training of staff who provide such services;

and

‘‘(4) conduct outreach activities for runaway and homeless youth, and street

youth.

‘‘(d) APPLICANTS PROVIDING HOME-BASED SERVICES.—To be eligible to use assistance under section 311(a) to provide home-based services described in section

311(a)(2)(C)(ii), an applicant shall include in the plan required by subsection (b) assurances that in providing such services the applicant will—

‘‘(1) provide counseling and information to youth and the families (including

unrelated individuals in the family households) of such youth, including services

relating to basic life skills, interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, parenting skills,

financial planning, and referral to sources of other needed services;

‘‘(2) provide directly, or through an arrangement made by the applicant, 24-

hour service to respond to family crises (including immediate access to tem-
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porary shelter for runaway and homeless youth, and youth at risk of separation

from the family);

‘‘(3) establish, in partnership with the families of runaway and homeless

youth, and youth at risk of separation from the family, objectives and measures

of success to be achieved as a result of receiving home-based services;

‘‘(4) provide initial and periodic training of staff who provide home-based services; and

‘‘(5) ensure that—

‘‘(A) caseloads will remain sufficiently low to allow for intensive (5 to 20

hours per week) involvement with each family receiving such services; and

‘‘(B) staff providing such services will receive qualified supervision.

‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDUCATION AND PREVENTION SERV- ICES.—To be eligible to use assistance under section 311(a)(2)(C)(iii) to provide drug

abuse education and prevention services, an applicant shall include in the plan required by subsection (b)—

‘‘(1) a description of—

‘‘(A) the types of such services that the applicant proposes to provide;

‘‘(B) the objectives of such services; and

‘‘(C) the types of information and training to be provided to individuals

providing such services to runaway and homeless youth; and

‘‘(2) an assurance that in providing such services the applicant shall conduct

outreach activities for runaway and homeless youth.’’.

(d) APPROVAL OF APPLICATIONS.—Section 313 of the Runaway and Homeless

Youth Act (42 U.S.C. 5713) is amended to read as follows:

‘‘SEC. 313. APPROVAL OF APPLICATIONS.

‘‘(a) IN GENERAL.—An application by a public or private entity for a grant under

section 311(a) may be approved by the Secretary after taking into consideration,

with respect to the State in which such entity proposes to provide services under

this part—

‘‘(1) the geographical distribution in such State of the proposed services under

this part for which all grant applicants request approval; and

‘‘(2) which areas of such State have the greatest need for such services.

‘‘(b) PRIORITY.—In selecting applications for grants under section 311(a), the Secretary shall give priority to—

‘‘(1) eligible applicants who have demonstrated experience in providing services to runaway and homeless youth; and ‘‘(2) eligible applicants that request grants of less than $200,000.’’.

(e) AUTHORITY FOR TRANSITIONAL LIVING GRANT PROGRAM.—Section 321 of the

Runaway and Homeless Youth Act (42 U.S.C. 5714–1) is amended—

(1) in the section heading, by striking ‘‘PURPOSE AND’’;

(2) in subsection (a), by striking ‘‘(a)’’; and

(3) by striking subsection (b).

(f) ELIGIBILITY.—Section 322(a)(9) of the Runaway and Homeless Youth Act (42

U.S.C. 5714–2(a)(9)) is amended by inserting ‘‘, and the services provided to such

youth by such project,’’ after ‘‘such project’’.

(g) COORDINATION.—Section 341 of the Runaway and Homeless Youth Act (42

U.S.C. 5714–21) is amended to read as follows:

‘‘SEC. 341. COORDINATION.

‘‘With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth, the Secretary—

‘‘(1) in conjunction with the Attorney General, shall coordinate the activities

of agencies of the Department of Health and Human Services with activities

under any other Federal juvenile crime control, prevention, and juvenile offender accountability program and with the activities of other Federal entities;

and

‘‘(2) shall coordinate the activities of agencies of the Department of Health

and Human Services with the activities of other Federal entities and with the

activities of entities that are eligible to receive grants under this title.’’.

(h) AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION, DEMONSTRATION, AND SERVICE PROJECTS.—Section 343 of the Runaway and Homeless Youth Act (42

U.S.C. 5714–23) is amended—

(1) in the section heading, by inserting ‘‘EVALUATION,’’ after ‘‘RESEARCH,’’;

(2) in subsection (a), by inserting ‘‘evaluation,’’ after ‘‘research,’’; and

(3) in subsection (b)—

(A) by striking paragraph (2); and

(B) by redesignating paragraphs (3) through (10) as paragraphs (2)

through (9), respectively.
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(i) STUDY.—Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5731 et

seq.) is amended by adding after section 344 the following:

‘‘SEC. 345. STUDY

‘‘The Secretary shall conduct a study of a representative sample of runaways to

determine the percent who leave home because of sexual abuse. The report on the

study shall include—

‘‘(1) in the case of sexual abuse, the relationship of the assaulter to the runaway; and

‘‘(2) recommendations on how Federal laws may be changed to reduce sexual

assaults on children.

The study shall be completed to enable the Secretary to make a report to the committees of Congress with jurisdiction over this Act, and to make such report available to the public, within one year of the date of the enactment of this section.’’

(j) ASSISTANCE TO POTENTIAL GRANTEES.—Section 371 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a) is amended by striking the last sentence.

(k) REPORTS.—Section 381 of the Runaway and Homeless Youth Act (42 U.S.C.

5715) is amended to read as follows:

‘‘SEC. 381. REPORTS.

‘‘(a) IN GENERAL.—Not later than April 1, 2000, and biennially thereafter, the Secretary shall submit, to the Committee on Education and the Workforce of the House

of Representatives and the Committee on the Judiciary of the Senate, a report on

the status, activities, and accomplishments of entities that receive grants under

parts A, B, C, D, and E, with particular attention to—

‘‘(1) in the case of centers funded under part A, the ability or effectiveness

of such centers in—

‘‘(A) alleviating the problems of runaway and homeless youth;

‘‘(B) if applicable or appropriate, reuniting such youth with their families

and encouraging the resolution of intrafamily problems through counseling

and other services;

‘‘(C) strengthening family relationships and encouraging stable living conditions for such youth; and

‘‘(D) assisting such youth to decide upon a future course of action; and

‘‘(2) in the case of projects funded under part B—

‘‘(A) the number and characteristics of homeless youth served by such

projects;

‘‘(B) the types of activities carried out by such projects;

‘‘(C) the effectiveness of such projects in alleviating the problems of homeless youth;

‘‘(D) the effectiveness of such projects in preparing homeless youth for

self-sufficiency;

‘‘(E) the effectiveness of such projects in assisting homeless youth to decide upon future education, employment, and independent living;

‘‘(F) the ability of such projects to encourage the resolution of intrafamily

problems through counseling and development of self-sufficient living skills;

and

‘‘(G) activities and programs planned by such projects for the following

fiscal year.

‘‘(b) CONTENTS OF REPORTS.—The Secretary shall include in each report submitted

under subsection (a), summaries of—

‘‘(1) the evaluations performed by the Secretary under section 386; and

‘‘(2) descriptions of the qualifications of, and training provided to, individuals

involved in carrying out such evaluations.’’.

(l) EVALUATION.—Section 384 of the Runaway and Homeless Youth Act (42 U.S.C.

5732) is amended to read as follows:

‘‘SEC. 386. EVALUATION AND INFORMATION.

‘‘(a) IN GENERAL.—If a grantee receives grants for 3 consecutive fiscal years under

part A, B, C, D, or E (in the alternative), then the Secretary shall evaluate such

grantee on-site, not less frequently than once in the period of such 3 consecutive

fiscal years, for purposes of—

‘‘(1) determining whether such grants are being used for the purposes for

which such grants are made by the Secretary;

‘‘(2) collecting additional information for the report required by section 384;

and

‘‘(3) providing such information and assistance to such grantee as will enable

such grantee to improve the operation of the centers, projects, and activities for

which such grants are made.
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‘‘(b) COOPERATION.—Recipients of grants under this title shall cooperate with the

Secretary’s efforts to carry out evaluations, and to collect information, under this

title.’’.

(m) AUTHORIZATION OF APPROPRIATIONS.—Section 385 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is amended to read as follows:

‘‘SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.— ‘‘(1) AUTHORIZATION.—There is authorized to be appropriated to carry out this

title (other than part E) such sums as may be necessary for fiscal years 2000,

2001, 2002, and 2003.

‘‘(2) ALLOCATION.— ‘‘(A) PARTS A AND B.—From the amount appropriated under paragraph (1)

for a fiscal year, the Secretary shall reserve not less than 90 percent to

carry out parts A and B.

‘‘(B) PART B.—Of the amount reserved under subparagraph (A), not less

than 20 percent, and not more than 30 percent, shall be reserved to carry

out part B.

‘‘(3) PARTS C AND D.—In each fiscal year, after reserving the amounts required

by paragraph (2), the Secretary shall use the remaining amount (if any) to carry

out parts C and D.

‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—No funds appropriated to carry out

this title may be combined with funds appropriated under any other Act if the purpose of combining such funds is to make a single discretionary grant, or a single

discretionary payment, unless such funds are separately identified in all grants and

contracts and are used for the purposes specified in this title.’’.

(n) SEXUAL ABUSE PREVENTION PROGRAM.— (1) AUTHORITY FOR PROGRAM.—The Runaway and Homeless Youth Act (42

U.S.C. 5701 et seq.) is amended—

(A) by striking the heading for part F;

(B) by redesignating part E as part F; and

(C) by inserting after part D the following:

‘‘PART E—SEXUAL ABUSE PREVENTION PROGRAM

‘‘SEC. 351. AUTHORITY TO MAKE GRANTS.

‘‘(a) IN GENERAL.—The Secretary may make grants to nonprofit private agencies

for the purpose of providing street-based services to runaway and homeless, and

street youth, who have been subjected to, or are at risk of being subjected to, sexual

abuse, prostitution, or sexual exploitation.

‘‘(b) PRIORITY.—In selecting applicants to receive grants under subsection (a), the

Secretary shall give priority to nonprofit private agencies that have experience in

providing services to runaway and homeless, and street youth.’’.

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 388(a) of the Runaway and

Homeless Youth Act (42 U.S.C. 5751), as amended by subsection (m) of this section, is amended by adding at the end the following:

‘‘(4) PART E.—There is authorized to be appropriated to carry out part E such

sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003.’’.

(o) CONSOLIDATED REVIEW OF APPLICATIONS.—The Runaway and Homeless Youth

Act (42 U.S.C. 5701 et seq.) is amended by inserting after section 383 the following:

‘‘SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.

‘‘With respect to funds available to carry out parts A, B, C, D, and E, nothing in

this title shall be construed to prohibit the Secretary from—

‘‘(1) announcing, in a single announcement, the availability of funds for grants

under 2 or more of such parts; and

‘‘(2) reviewing applications for grants under 2 or more of such parts in a single, consolidated application review process.’’.

(p) DEFINITIONS.—The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)

is amended by inserting after section 386, as amended by subsection (l) of this section, the following:

‘‘SEC. 387. DEFINITIONS.

‘‘In this title:

‘‘(1) DRUG ABUSE EDUCATION AND PREVENTION SERVICES.—The term ‘drug

abuse education and prevention services’—

‘‘(A) means services to runaway and homeless youth to prevent or reduce

the illicit use of drugs by such youth; and
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‘‘(B) may include—

‘‘(i) individual, family, group, and peer counseling;

‘‘(ii) drop-in services;

‘‘(iii) assistance to runaway and homeless youth in rural areas (including the development of community support groups);

‘‘(iv) information and training relating to the illicit use of drugs by

runaway and homeless youth, to individuals involved in providing services to such youth; and

‘‘(v) activities to improve the availability of local drug abuse prevention services to runaway and homeless youth.

‘‘(2) HOME-BASED SERVICES.—The term ‘home-based services’—

‘‘(A) means services provided to youth and their families for the purpose

of—

‘‘(i) preventing such youth from running away, or otherwise becoming

separated, from their families; and

‘‘(ii) assisting runaway youth to return to their families; and

‘‘(B) includes services that are provided in the residences of families (to

the extent practicable), including—

‘‘(i) intensive individual and family counseling; and

‘‘(ii) training relating to life skills and parenting.

‘‘(3) HOMELESS YOUTH.—The term ‘homeless youth’ means an individual—

‘‘(A) who is—

‘‘(i) not more than 21 years of age; and

‘‘(ii) for the purposes of part B, not less than 16 years of age;

‘‘(B) for whom it is not possible to live in a safe environment with a relative; and

‘‘(C) who has no other safe alternative living arrangement.

‘‘(4) STREET-BASED SERVICES.—The term ‘street-based services’—

‘‘(A) means services provided to runaway and homeless youth, and street

youth, in areas where they congregate, designed to assist such youth in

making healthy personal choices regarding where they live and how they

behave; and

‘‘(B) may include—

‘‘(i) identification of and outreach to runaway and homeless youth,

and street youth;

‘‘(ii) crisis intervention and counseling;

‘‘(iii) information and referral for housing;

‘‘(iv) information and referral for transitional living and health care

services;

‘‘(v) advocacy, education, and prevention services related to—

‘‘(I) alcohol and drug abuse;

‘‘(II) sexual exploitation;

‘‘(III) sexually transmitted diseases, including human immunodeficiency virus (HIV); and

‘‘(IV) physical and sexual assault.

‘‘(5) STREET YOUTH.—The term ‘street youth’ means an individual who—

‘‘(A) is—

‘‘(i) a runaway youth; or

‘‘(ii) indefinitely or intermittently a homeless youth; and

‘‘(B) spends a significant amount of time on the street or in other areas

that increase the risk to such youth for sexual abuse, sexual exploitation,

prostitution, or drug abuse.

‘‘(6) TRANSITIONAL LIVING YOUTH PROJECT.—The term ‘transitional living

youth project’ means a project that provides shelter and services designed to

promote a transition to self-sufficient living and to prevent long-term dependency on social services.

‘‘(7) YOUTH AT RISK OF SEPARATION FROM THE FAMILY.—The term ‘youth at

risk of separation from the family’ means an individual—

‘‘(A) who is less than 18 years of age; and

‘‘(B)(i) who has a history of running away from the family of such individual;

‘‘(ii) whose parent, guardian, or custodian is not willing to provide for the

basic needs of such individual; or

‘‘(iii) who is at risk of entering the child welfare system or juvenile justice

system as a result of the lack of services available to the family to meet

such needs.’’.
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(q) REDESIGNATION OF SECTIONS.—Sections 371, 372, 381, 382, and 383 of the

Runaway and Homeless Youth Act (42 U.S.C. 5714b–5851 et seq.), as amended by

this Act, are redesignated as sections 380, 381, 382, 383, and 384, respectively.

(r) TECHNICAL AMENDMENTS.—The Runaway and Homeless Youth Act (42 U.S.C.

5701 et seq.) is amended—

(1) in section 331, in the first sentence, by striking ‘‘With’’ and all that follows

through ‘‘the Secretary’’, and inserting ‘‘The Secretary’’; and

(2) in section 344(a)(1), by striking ‘‘With’’ and all that follows through ‘‘the

Secretary’’, and inserting ‘‘The Secretary’’.

PURPOSE

The Act, by reauthorizing the Runaway and Homeless Youth Act,

provides assistance to State and local governments to help address

the problems of runaway and homeless youth, in particular, crisis

residential care. The Act, through its reauthorization of the Missing Children’s Assistance Act, also assists in the development of

programs for the recovery of missing and exploited children.

COMMITTEE ACTION

In the 104th Congress, the Subcommittee on Early Childhood,

Youth and Families held four hearings for the purposes of considering and reviewing the authorization of the Juvenile Justice and Delinquency Prevention Act. As that Act includes the Missing Children’s Assistance Act and Runaway and Homeless Youth Act, two

of the four hearings included witnesses who addressed the issues

of runaway youth and missing children.

The first of the four hearings was held on March 28, 1996 in

Washington, D.C. The witnesses were as follows: Linda O’Neal, Executive Director, Tennessee Commission on Children and Youth,

Nashville, TN; Jerry Kilgore, Virginia Secretary of Public Safety,

Richmond, VA; David Lehman, Chief Probation Officer, Eureka,

CA; Lt. Dale Patch, Criminal Investigations Division, Des Moines

Police Department, Des Moines, IA; James C. Backstrom, Dakota

County Attorney, Hastings, MN; Neal Stanley representing Judge

Glenda Hatchett, Chief Judge, Fulton County Juvenile Court, Atlanta, GA; Paul Watson, Executive Director, San Diego Youth and

Community Services, San Diego, CA; Tara Jesse, Resident of the

Take Wing Transitional Living Program, San Diego, CA; Tara Gilmartin, Senior Peer Counselor Supervisor, The Sanctuary, Inc.,

Royal Oak, MI; Virginia Price, Chair of the National Council on

Youth Policy and Clinical Director, Bridge Over Troubled Waters;

Boston, MA.

The fourth hearing was held in San Diego, California on May 13,

1996. Testifying at the hearing were: Judge James Milliken, Presiding Judge, Juvenile Court, San Diego, CA; Ronald Roberts,

Chairman, San Diego Board of Supervisors, San Diego, CA; Alan

Crogan, Chief Probation Officer, San Diego County, San Diego, CA;

Jess Valenzuela, Director of Parks and Recreation, Chula Vista,

CA; Kathy Lembo, Executive Director, South Bay Community Services, Chula Vista, CA; Janine Mason Barone, Fieldstone Foundation, San Diego, CA; Robert Fellneth, Executive Director, University of San Diego School of Law, San Diego, CA.

In the 105th Congress, the Subcommittee held four additional

hearings for the purposes of considering and reviewing the authorization of the Juvenile Justice and Delinquency Prevention Act.
10

Again, one hearing focused on the Runaway and Homeless Youth

Act. This hearing, the fourth, was held in Washington, D.C. on

May 21, 1997. The witnesses were as follows: The Honorable Shay

Bilchik, Administrator, Office of Juvenile Justice and Delinquency

Prevention, Department of Justice, Washington, D.C., Mr. James

Sileo, National Board Member, Big Brothers Big Sisters of America, Greensburg, PA; the Honorable Kimberly O’Donnell, Juvenile

and Domestic Relations District Court, Richmond, VA; Mr. Peter

LaVallee, Director, Redwood Region Youth Service Bureau, Eureka,

CA; Ms. Betty Tatham, Executive Director, YWCA of Bucks County, Trevose, PA; Mr. Michael Petit, Deputy Director, Child Welfare

League of America, Washington, D.C.; and Mr. Jim Kester, Juvenile Justice Specialist, Criminal Justice Division, Governor’s Office,

Austin, TX.

In the 106th Congress, the Subcommittee on Early Childhood,

Youth and Families held two hearings for the purposes of considering and reviewing the authorization of the Juvenile Justice and Delinquency Prevention Act. Witnesses on the issue of runaway and

homeless youth were included in both hearings.

The first hearing was held on March 18, 1999. The hearing focused on general information regarding preventing juvenile crime

in school and the community as well as runaway issues. Witnesses

included: Mr. Jesse Sligh, Executive Assistant District Attorney,

Queens County District Attorney’s Office, Kew Gardens, NY; Ms.

Karla Ballard, ARISE International, Wilmington, DE; Ms. Sandra

McBrayer, Executive Director, The Children’s Initiative, San Diego,

CA; Ms. Barbara Ott, Director, Silver Spring YMCA Youth Services, Silver Spring, MD; Mr. Vincent Schiraldi, Executive Director,

Center for Juvenile and Criminal Justice, Washington, D.C.; and

Mr. Robert Smith, Director, Youth Services Agency of Pennsylvania, Doylestown, PA who was accompanied by Jesse Armetta, a

participant of Mr. Smith’s program.

The second hearing was held on March 22, 1999. The hearing focused on the Administration’s proposal on the Juvenile Justice and

Delinquency Prevention Act as well as the Missing and Exploited

Children’s Act. Mr. Shay Bilchik, Administrator, Office of Juvenile

Justice and Delinquency Prevention, Office of Judicial Programs,

Department of Justice, Washington, D.C. and Ms. Patricia Montoya, Commissioner, Administration on Children, Youth, and Families, Department of Health and Human Services, Washington, D.C.

testified.

LEGISLATIVE ACTION

On April 22, 1999 the Subcommittee on Early Childhood, Youth

and Families considered H.R. 905, The Missing, Exploited, and

Runaway Children Act of 1999. An amendment in the nature of a

substitute was accepted by voice vote.

On April 28, 1999 the Committee on Education and the Workforce considered H.R. 905, The Missing, Exploited, and Runaway

Children Act of 1999. An amendment in the nature of a substitute

was accepted by voice vote. The bill was ordered reported by voice

vote.
11

BACKGROUND AND NEED FOR LEGISLATION

The Juvenile Justice and Delinquency Prevention Act of 1974

(P.L. 93–415) inaugurated a comprehensive effort to address the increase in juvenile crime during that time period. Among other activities, the Act established an assistance program for Runaway

Youth in the Department of Health, Education and Welfare (now

Health and Human Services). In 1984, Congress expanded the 1974

Act by authorizing the Missing Children’s Assistance Program (P.L.

98–473).

The Runaway and Homeless Youth Act (RHYA) was enacted as

part of the Juvenile Justice and Delinquency Prevention Act of

1974 to address the unique problems of runaway, thrownaway, or

otherwise homeless youth. The problems of dealing with runaway

and homeless youth are recognized as quite complex, multi-faceted,

and symptomatic of other problems adolescents experience. The Act

provides a variety of programs that range from providing crisis residential care to dealing with the risks of substance abuse, depression, depravation, illness, and sexual exploitation that face runaway and homeless youth today.

The RHYA consists of three major programs, but primarily funds

basic runaway centers, i.e., local facilities that provide crisis residential care and counseling for runaway and homeless youth as

well as counseling and after care services for the family (services

provided following the youth’s stay in the RHYA center). The law

does not specify age or eligibility requirements for youth and is designed to meet the needs of runaway and homeless youth outside

of the law enforcement and juvenile justice system. Youth generally

may stay in the shelter up to two weeks. Basic center grants are

made directly to the shelters, but dollar amounts are allocated according to each State’s proportion of the population younger than

18 years. The law states that 90 percent of the RHYA’s appropriation be distributed as direct services. In addition, the program

funds a national toll-free hotline where youth can receive information on shelters and services available to them.

The Transitional Living Program (TLP) for Homeless Youth provides grants to local public and private organizations to address

the shelter and service needs of homeless youth. This program is

designed to meet the more complex, long term needs of older homeless youth ages 16–21. Grants are used to develop or strengthen

community-based programs that assist homeless youth in making

a smooth transition to a productive adulthood and social self-sufficiency. Grant money is also used to provide technical assistance to

transitional living programs to enhance their capacity to acquire

and maintain resources and service linkages in their local communities. It is estimated that between one-third and one-half of all

youth served by the current runaway and homeless youth centers

are homeless either through mutual agreement with their families

or because they have been pushed out by a parent or legal guardian.

A homeless youth accepted into the Transitional Living Program

is eligible to receive shelter and services for up to 540 days (18

months). The services include: information and counseling in basic

life skills, such as money management and housekeeping; inter-
12

personal skill building, such as decision making and priority setting; educational advancement; job attainment; and mental and

physical health care.

The third major program of the RHYA is the Drug Education and

Prevention Program (DEPP). The purpose of this program is to reduce and prevent the illicit use of drugs by runaway and homeless

youth through service projects, research and demonstration programs. The program is designed to provide individual, family and

group counseling to reduce or prevent drug abuse; to develop and

support peer counseling programs; to develop and support community education programs including outreach to individual youth; to

provide assistance to runaway and homeless youth in rural areas

through the development of support groups; to provide training and

information on drug abuse to persons involved in providing services

to runaway and homeless youth; to support research on the illicit

use of drugs by runaway and homeless youth; and to improve the

availability and coordination of local service programs assisting

runaway and homeless youth. This program also funds technical

assistance to runaway and homeless youth service providers.

Concern over the growing number of missing children in the

United States prompted Congress in 1982 to pass the Missing Children’s Assistance Act. This Act allowed the names of missing children to be entered into a data bank in the Department of Justice

and the National Crime Information Center and permitted the exchange of records and information regarding missing children. The

1984 reauthorization of the Juvenile Justice and Delinquency Prevention Act expanded the Federal role in this area. The Act defined

the term ‘‘missing child,’’ established a toll-free hot-line to report

information on the location of any missing child, established a National Resource Center in the Department of Justice to coordinate

public and private programs and to disseminate information to assist law enforcement officials in the recovery of missing children,

and authorized grants for research projects and programs related

to missing children’s cases.

SUMMARY

• The bill provides a $10 million authorization per year for

FY2000–2003 for the National Center for Missing and Exploited

Children as an amendment to the Missing Children’s Assistance

Act. • The bill modifies funding under the Runaway and Homeless

Youth Act. It consolidates the three current funding streams for

basic center grants, transitional living grants and the drug education program into one streamlined authorization. While the funding stream has been consolidated, the distinct nature of each program is preserved. • Basic center grants continue to be allocated under the current

formula allocating funds to states based on their relative population of individuals under the age of 18. Transitional living grants

would continue to be awarded by the Secretary through national

competition and a minimum of 20% and a maximum of 30% of the

funding will be used for the transitional living program. The drug

education program is an allowable use of funds under the basic

center grants.
13

• The bill amends both the Missing Children’s Assistance Act

and the Runaway and Homeless Youth Act to be authorized at

‘‘such sums’’ for FY2000–2003.

COMMITTEE VIEWS

RUNAWAY AND HOMELESS YOUTH

In recent years, there have been many proposals to consolidate

RHYA, TLP and DEPP into one comprehensive program for runaway and homeless youth. The current law configuration of three

separate funding streams has proven to be piecemeal, unnecessary,

and duplicative. Consolidation would significantly reduce the burden of grant applications and administration for agencies serving

runaway and homeless youth. Additionally, local communities need

and want greater flexibility in designing services to this target population. The Committee report accompanying the Labor, Health

and Human Services, and Education Appropriations bill for fiscal

year 1996 directly addressed the need for a consolidated authorization by stating ‘‘The budget request proposed to consolidate these

programs; the (Appropriations) Committee has not done this because it is not authorized by law.’’ The need for consolidation of

these programs was additionally part of the rationale in not funding the Drug Education Prevention Program. ‘‘The elimination of

small categorical programs also saves Federal administrative costs,

and reduces bureaucratic paperwork and grant forms that must be

filled out by the local providers.’’ Additionally, both the Bush and

Clinton Administrations have proposed consolidation of these programs.

While the desire to consolidate the funding streams has been

non-controversial, the Committee has taken special steps to preserve the distinct differences between the basic center grants and

transitional living programs and in particular, not to administer

funds for both programs under a single formula allocation. In testimony before the Committee in the 104th Congress, James Braun,

President and CEO of Youth in Need, St. Charles, MO stated:

The care of runaways and helping homeless youth transition to productive adulthood cannot and should not be

provided under the same program. Consequently, transitional living programs for older homeless youth, while part

of the continuum of services, should remain distinct from

the basic centers program. . . . I would urge that any

streamlining of RHYA avoid blending, and thus weakening, these distinct short term and long term services.

The Committee, working in conjunction with the Department of

Health and Human Services, constructed legislation that directly

addresses the consolidation concerns. The legislation consolidates

the authorization for the current Runaway and Homeless Youth,

Transitional Living for Homeless Youth, and the Drug Education

and Prevention for Runaway and Homeless Youth programs into a

single funding stream, while retaining the formula based allocation

for basic center grants and the national competitive process for

transitional living grants. The Runaway and Homeless Youth Program will continue to provide grants to local public and private or-
14

ganizations to establish and operate local runaway and homeless

youth centers to address the crisis needs of runaway and homeless

youth and their families. Grants will continue to be used to develop

or strengthen community-based centers, which are outside the law

enforcement, juvenile justice, child welfare, and mental health systems. Additionally, home-based, street-based, and drug education

and prevention activities are all allowable uses of funds under the

basic center grants. The Runaway and Homeless Youth Act continues to require that 90% of the program funds be used to establish

and operate basic centers and transitional living programs which

meet the immediate needs of runaway and homeless youth. Basic

center grants would continue to be allotted among the States based

on each State’s youth population under 18 years of age. Applications for basic center grants are selected for funding through a

competitive review process based on each State’s allocation of funds

under the formula.

The Transitional Living Program would no longer have a separate funding stream, but would continue to receive no less than

20% and no more than 30% of the appropriation. The Transitional

Living grants will continue to be awarded by the Secretary on a national competitive basis.

Despite the fact that the Drug Education and Prevention Program (DEPP) did not receive funding in FY1998 and FY1999, the

Committee recognizes the importance of drug education and prevention among the runaway and homeless youth population and

continues to make it an allowable use of funds under the basic center grants.

In addition to the funds that directly support basic centers and

temporary shelters for runaway and homeless youth, approximately

10% of the funds in each of the past five years have been used to

fund projects that support and strengthen the work of the shelters.

These include the national toll-free runaway and homeless youth

hotline (‘‘switchboard’’); training and technical assistance activities;

research and demonstration projects; and methods to improve program administration, outreach, and prevention activities among

local shelters. Though earmarks for funding of particular programs

were consolidated throughout the legislation, the Committee

strongly supports the continuation of these types of activities, such

as, the national toll-free hotline.

The Committee bill corrects several legislative drafting errors

from the previous authorization. One of the most substantive corrections is to the Grants for Prevention of Sexual Abuse and Exploitation. This program was included in the Violent Crime Control

and Law Enforcement Act of 1994 as an amendment to the Runaway and Homeless Youth Act. The amendments were not executed

because of incorrect section references. This program allows the

Secretary to make grants to private non-profit agencies for street

based outreach and education including treatment, counseling, information and referral to runaway, homeless, and street youth who

are at risk of sexual abuse. Despite the drafting error, the program

did receive $15 million in funding in FY1998 and FY1999 from the

Violent Crime Trust Fund. In correcting the technical errors, it is

the intent of the Committee that this program continues to receive

funding from the Violent Crime Trust Fund.
15

Additionally, the Committee included a provision in the bill that

would require the Secretary to conduct a study on the relationship

between sexual abuse and running away from home. The Committee found this necessary as this relationship has not received thorough research.

The Committee bill significantly improves the operation and effectiveness of the RHYA by streamlining the Act, reducing the

number of separately authorized programs, removing duplicative

provisions, improving the organization of the Act, and improving

coordination of activities between federal agencies. It changes reporting requirements and requires HHS to submit a biennial, rather than annual, report to Congress. The authorization of the Act is

updated to the year 2003 and authorized at ‘‘such sums’’.

The Act has been successful in helping to meet the needs of runaway and homeless youth. Mr. Robert Smith, Director of the Youth

Services Agency of Pennsylvania, stated in his testimony before the

Subcommittee, ‘‘This is where the [runaway youth and transitional

living] programs become so important and necessary. We are the

lifeline that offers hope to this most at risk population.’’ The Committee amendments will help to strengthen these activities and

protect youth by keeping them off the streets, away from criminal

activities and out of desperate circumstances. The Committee

hopes that these programs will continue to focus on youth with the

greatest need for these services and continue to reunite youth with

their families.

MISSING CHILDREN’S ASSISTANCE ACT

The Act amends The Missing Children’s Assistance Act to pro- vide an authorization of $10 million per year for Fiscal Years 2000–

2003 for the National Center for Missing and Exploited Children

(NCMEC). For fourteen years, NCMEC has successfully served as

the national resource center and clearinghouse under the Missing

Children’s Assistance Act. Every three years it has successfully

competed for a grant award from the Office of Juvenile Justice and

Delinquency Prevention (OJJDP) and in FY1999 was awarded

$8.12 million. The Center has worked in partnership with the U.S.

Justice Department, U.S. Treasury Department, the U.S. State Department, and other agencies in the effort to recover missing children and to protect all children from victimization.

Since 1984, NCMEC has assisted in the recovery of more than

40,000 children worldwide. The Center works in conjunction with

Scotland Yard, the Royal Mounted Police, INTERPOL, and others

in its worldwide recovery efforts. Since 1997, its national recovery

efforts have been aided by receipt of immediate notification from

the Federal Bureau of Investigation of the most serious abduction

cases. Additionally, in 1997, the Center, in partnership with the

Office of Juvenile Justice and Delinquency Prevention and the FBI,

began training local law enforcement on how to properly respond

to missing children cases. This has led to record recovery rates for

the Center.

In its 15 years of operation, the Center has handled more than

one million calls through its 24 hour toll-free hotline. It has trained

more than 146,000 professionals, including those from law enforcement, criminal and juvenile justice, and healthcare, in sexual ex-
16

ploitation and missing and child detection, identification, investigation, and prevention. It has disseminated over 15 million free publications to citizens and professionals.

Due to the increasing numbers of missing children, the Committee believes that we must continue to support the Center and its

efforts to locate and recover missing children and help to prevent

child abductions, molestation and sexual exploitation. The authorization of appropriations for the Center will allow it to focus upon

locating missing children for the next four years.

The Act extends the authorization of the Missing Children’s Act

through the year 2003 at ‘‘such sums.’’ This will allow grants to

continue to be made to others to aid in the effort to locate missing

children, prevent child abductions, and prevent sexual abuse.

SECTION BY SECTION

Section 1 states the short title of the Act—‘‘Missing, Exploited,

and Runaway Children Protection Act’’

Section 2 amends the Missing Children’s Assistance Act.

Subsection (a) amends sec. 402 to include findings regarding the

National Center for Missing and Exploited Children.

Subsection (b) amends sec. 403, Definitions, to define the National Center for Missing and Exploited Children as the ‘‘Center.’’

Subsection (c) amends sec. 404 to authorize an annual grant of $10 million for the National Center for Missing and Exploited Children. The Center is authorized to operate a toll-free phone line for

reporting information on missing children, to operate a national resource center, to coordinate public and private programs for missing children, to disseminate information nationally, and to provide

technical assistance to government and private entities. The subsection also authorizes a national incidence study.

Subsection (d) amends sec. 405(a) to authorize the Administrator

to enter into contracts with the Center.

Subsection (e) amends sec. 408 to extend the authorization to fiscal year 2003.

Section 3 amends the Runaway and Homeless Youth Act.

Subsection (a) amends sec. 302, Findings.

Subsection (b) amends sec. 311 to give the Secretary authority to

make grants to public and nonprofit private entities in order to

provide services for runaway and homeless youth and their families. Additionally, it defines the services which may be provided

under the Runaway and Homeless Youth Act.

Subsection (c) sec. 312, the eligibility and reporting requirements. This section includes technical changes and specifically lists

report information that applicants must submit to the Secretary. It

lists the services that an applicant must plan to provide in order

to use grant money for street-based services, home-based services

and for drug abuse and prevention services.

Subsection (d) amends sec. 313 stating that the Secretary may

take into consideration the geographical distribution of proposed

services and the areas in the State that have the greatest need for

such services. It also continues to require the Secretary to give priority to eligible applicants that are experienced in providing services to runaway youth and to grant applications that are less than

$200,000.
17

Subsection (e) makes technical changes to sec. 321.

Subsection (f) amends sec. 322(a)(9), by stating that the annual

report submitted by grant applicants, to the Secretary, must include a description of the services provided under the Transitional

Living Program to the homeless youth.

Subsection (g) amends sec. 341 to require that the Health and

Human Services Secretary and the Attorney General coordinate

relevant activities of the federal entities.

Subsection (h) amends sec. 343, grants for research, demonstration and service projects. It also strikes home-based and streetbased services from the research and demonstration projects.

Subsection (i) creates a new sec. 344 to require the Secretary to

conduct a study of the relationship between sexual abuse and running away from home.

Subsection (j) amends sec. 371 by striking the last sentence.

Subsection (k) amends sec. 381 to require that no later than

April 1, 2000, and every two years thereafter, the Secretary must

submit a report, to the House Education and the Workforce Committee and the Senate Judiciary Committee on the status and activities of the grantees who are awarded grants under this Act.

Section 381 lists specific information that must be included in the

report. Additionally, this section requires the Secretary to include

in the report summaries of the Secretary’s evaluations of grantees

and descriptions of the qualifications and training of the individuals administering the evaluation.

Subsection (l) amends sec. 384 to direct the Secretary to conduct

an on-site evaluation if a grantee received grants under Parts A,

B, C, D, or E for three consecutive years. It further stipulates the

purposes of the on-site visits and requires that the recipients of the

grants, under this section, shall cooperate with the Secretary’s efforts to carry out evaluations and collect information.

Subsection (m) amends sec. 385 to authorize appropriations for

fiscal years 2000 through 2003. Additionally, it directs how the appropriation shall be divided among the programs and requires that

funds be separately identified in all grants and contracts.

Subsection (n) makes technical corrections to the Sexual Abuse

Prevention Program, Section 40155 of the Violent Crime Control

and Law Enforcement Act of 1994 and extends the authorization

of the program through fiscal year 2003.

Subsection (o) inserts a new sec. 385 to give the Secretary the

authority to make a single announcement on the availability of

funds and to implement a single consolidated application review

process.

Subsection (p) inserts a new sec. 387, which contains the definitions for this section.

Subsection (q) redesignates particular sections.

Subsection (r) contains technical amendments.

EXPLANATION OF AMENDMENTS

The Amendment in the Nature of a Substitute is explained in the

body of this report.
18

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of

the application of this bill to the legislative branch. This bill provides assistance to State and local governments to help address the

problems of runaway and homeless youth, in particular, crisis residential care. This bill also assists in the development of programs

for the recovery of missing and exploited children. The bill does not

prevent legislative branch employees from receiving the benefits of

this legislation.

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the

provisions of the reported bill include unfunded mandates. This bill

provides assistance to State and local governments to help address

the problems of runaway and homeless youth, in particular, crisis

residential care. This bill also assists in the development of programs for the recovery of missing and exploited children. As such,

the bill does not contain any unfunded mandates.

ROLLCALL VOTES

Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee Report to include for each record vote

on a motion to report the measure or matter and on any amendments offered to the measure or matter the total number of votes

for and against and the names of the Members voting for and

against. The Committee took no recorded votes on H.R. 905.

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of Rule XIII and clause (2)(b)(1)

of Rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in

the body of this report.

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of Rule XIII of

the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of

3(c)(3) of Rule XIII of the House of Representatives and section 402

of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for H.R. 905 from the Director

of the Congressional Budget Office:
19

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 3, 1999.

Hon. WILLIAM F. GOODLING,

Chairman, Committee on Education and the Workforce,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 905, the Missing, Exploited, and Runaway Children Protection Act.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are Mark Grabowicz and

Eric Rollins.

Sincerely,

BARRY B. ANDERSON, Dan L. Crippen, Director.

Enclosure.

H.R. 905—Missing, Exploited, and Runaway Children Protection

Act

Summary: H.R. 905 would authorize the appropriation of such

sums as may be necessary for each of fiscal years 2000 through

2003 for the Missing Children program administered by the Department of Justice and for the Runaway and Homeless Youth program administered by the Department of Health and Human Services. Assuming appropriation of the necessary funds, CBO estimates that implementing H.R. 905 would result in additional discretionary spending of about $254 million over the 2000–2004 period (if the programs are funded at the 1999 level for all years) or

$268 million (if they are funded with adjustments for inflation after

1999).

This legislation would not affect direct spending or receipts, so

pay-as-you-go procedures would not apply. H.R. 905 contains no

intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would have no impact

on the budget of state, local, or tribal governments. Any requirements imposed on state and local governments would be a condition of aid.

Estimated cost to the Federal Government: For the purposes of

this estimate, CBO assumes that appropriations would be provided

by the start of each fiscal year and that outlays would follow the

historical spending rates for the authorized activities. Because H.R.

905 would authorize such sums as necessary for the affected programs, CBO estimated spending under two different sets of assumptions, representing continued funding at current levels of appropriations with and without adjustment for anticipated inflation.

(The 1999 appropriations for these programs total $76.2 million—

$59.0 million for the Runaway and Homeless Youth program and

$17.2 million for the Missing Children program.) Current law authorizes such sums as may be necessary for the Missing Children

program through fiscal year 2001. The costs of this legislation fall

within budget functions 750 (administration of justice) and 500

(education, training, employment, and social services).
20

By fiscal year, in millions of dollars

1999 2000 2001 2002 2003 2004

SPENDING SUBJECT TO APPROPRIATION

Without adjustment for inflation

Spending under current law:

Estimated authorization level 1 ............................... 76 17 17 0 0 0

Estimated outlays .................................................... 70 59 24 14 7 1

Proposed changes:

Missing children:

Estimated authorization level ........................ 0 0 0 17 17 0

Estimated ....................................................... 0 0 0 4 10 13

Runaway and homeless youth:

Estimated authorization level ........................ 0 59 59 59 59 0

Estimated outlays ........................................... 0 15 52 58 59 44

Total changes:

Estimated authorization level ........................ 0 59 59 76 76 0

Estimated outlays ........................................... 0 15 52 62 69 57

Spending under H.R. 905:

Estimated authorization level ........................ 76 76 76 76 76 0

Estimated outlays ........................................... 70 74 76 76 76 58

With adjustment for inflation

Spending under current law:

Estimated authorization level ................................. 76 18 18 0 0 0

Estimated outlays .................................................... 70 59 24 15 7 1

Proposed changes:

Missing children:

Estimated authorization level ........................ 0 0 0 18 19 0

Estimated outlays ........................................... 0 0 0 4 11 14

Runaway and homeless youth:

Estimated authorization level ................................. 0 60 61 63 64 0

Estimated outlays ........................................... 0 15 53 60 63 47

Total changes:

Estimated authorization level ........................ 0 60 61 81 83 0

Estimated outlays ........................................... 0 15 53 64 74 61

Spending under H.R. 905:

Estimated authorization level ........................ 76 78 79 81 83 0

Estimated outlays ........................................... 70 74 77 79 81 62

1 The 1999 level is the amount appropriated for that year for the Missing Children program ($17 million) and for the Runaway and Homeless Youth Program ($59 million). Current law authorized such sums as may be necessray for the Missing Children program through 20001.

Pay-as-you-go considerations: None.

Intergovernmental and private-sector impact: H.R. 905 contains

no intergovernmental or private-sector mandates as defined in

UMRA. Funds authorized in this bill for grants and technical assistance would benefit state and local programs targeted at missing, exploited, and runaway children. Any requirements imposed

on state and local governments would be conditions for receiving

such aid.

Previous CBO estimate: On March 18, 1999, CBO transmitted a

cost estimate for S. 249, the Missing, Exploited, and Runaway Children Protection Act, as reported by the Senate Committee on the

Judiciary on March 4, 1999. The estimated authorization levels for

2000 through 2003 are the same for the two bills. However, S. 249

would authorize funding for one additional year—through 2004.

Thus, the estimates differ only with respect to 2004.

Estimate prepared by: Missing Children program: Mark

Grabowicz; Runaway and Homeless Youth program: Eric Rollins.

Estimate approved by: Paul N. Van de Water, Assistant Director

for Budget Analysis.
21

STATEMENT OF OVERSIGHT FINDINGS OF THE COMMITTEE ON

GOVERNMENT REFORM

With respect to the requirement of clause 3(c)(4) of Rule XIII of

the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from

the Committee on Government Reform on the subject of H.R. 905.

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of Rule XIII of the Rules of the House of

Representatives, the Committee must include a statement citing

the specific powers granted to Congress in the Constitution to

enact the law proposed by H.R. 905. The Committee believes that

the Act and the amendments thereto made by this bill are within

Congress’ authority under Article I, section 8, clause 1 of the Constitution.

COMMITTEE ESTIMATE

Clauses 3(d)(2) of Rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 905.

However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its report

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the

Congressional Budget Act.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported are shown as follows (new matter is printed in italic

and existing law in which no change is proposed is shown in

roman):

MISSING CHILDREN’S ASSISTANCE ACT

* * * * * * *

FINDINGS

SEC. 402. The Congress hereby finds that—

(1) * * *

* * * * * * *

(7) on frequent occasions, law enforcement authorities quickly exhaust all leads in missing children cases, and require assistance from distant communities where the child may be located; øand¿

(8) Federal assistance is urgently needed to coordinate and

assist in this interstate problemø.¿

(9) for 14 years, the National Center for Missing and Exploited Children has—

(A) served as the national resource center and clearinghouse congressionally mandated under the provisions of the

Missing Children’s Assistance Act of 1984; and
22

(B) worked in partnership with the Department of Justice, the Federal Bureau of Investigation, the Department of

the Treasury, the Department of State, and many other

agencies in the effort to find missing children and prevent

child victimization;

(10) Congress has given the Center, which is a private nonprofit corporation, access to the National Crime Information

Center of the Federal Bureau of Investigation, and the National

Law Enforcement Telecommunications System;

(11) since 1987, the Center has operated the National Child

Pornography Tipline, in conjunction with the United States

Customs Service and the United States Postal Inspection Service and, beginning this year, the Center established a new

CyberTipline on child exploitation, thus becoming ‘‘the 911 for

the Internet’’;

(12) in light of statistics that time is of the essence in cases

of child abduction, the Director of the Federal Bureau of Investigation in February of 1997 created a new NCIC child abduction (‘‘CA’’) flag to provide the Center immediate notification in

the most serious cases, resulting in 642 ‘‘CA’’ notifications to the

Center and helping the Center to have its highest recovery rate

in history;

(13) the Center has established a national and increasingly

worldwide network, linking the Center online with each of the

missing children clearinghouses operated by the 50 States, the

District of Columbia, and Puerto Rico, as well as with Scotland

Yard in the United Kingdom, the Royal Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and others,

which has enabled the Center to transmit images and information regarding missing children to law enforcement across the

United States and around the world instantly;

(14) from its inception in 1984 through March 31, 1998, the

Center has—

(A) handled 1,203,974 calls through its 24-hour toll-free

hotline (1–800–THE–LOST) and currently averages 700

calls per day;

(B) trained 146,284 law enforcement, criminal and juvenile justice, and healthcare professionals in child sexual exploitation and missing child case detection, identification,

investigation, and prevention;

(C) disseminated 15,491,344 free publications to citizens

and professionals; and

(D) worked with law enforcement on the cases of 59,481

missing children, resulting in the recovery of 40,180 children;

(15) the demand for the services of the Center is growing dramatically, as evidenced by the fact that in 1997, the Center handled 129,100 calls, an all-time record, and by the fact that its

new Internet website (www.missingkids.com) receives 1,500,000

‘‘hits’’ every day, and is linked with hundreds of other websites

to provide real-time images of breaking cases of missing children;
23

(16) in 1997, the Center provided policy training to 256 police

chiefs and sheriffs from 50 States and Guam at its new Jimmy

Ryce Law Enforcement Training Center;

(17) the programs of the Center have had a remarkable impact, such as in the fight against infant abductions in partnership with the healthcare industry, during which the Center has

performed 668 onsite hospital walk-throughs and inspections,

and trained 45,065 hospital administrators, nurses, and security personnel, and thereby helped to reduce infant abductions

in the United States by 82 percent;

(18) the Center is now playing a significant role in international child abduction cases, serving as a representative of

the Department of State at cases under The Hague Convention,

and successfully resolving the cases of 343 international child

abductions, and providing greater support to parents in the

United States;

(19) the Center is a model of public/private partnership, raising private sector funds to match congressional appropriations

and receiving extensive private in-kind support, including advanced technology provided by the computer industry such as

imaging technology used to age the photographs of long-term

missing children and to reconstruct facial images of unidentified deceased children;

(20) the Center was 1 of only 10 of 300 major national charities given an A+ grade in 1997 by the American Institute of

Philanthropy; and

(21) the Center has been redesignated as the Nation’s missing

children clearinghouse and resource center once every 3 years

through a competitive selection process conducted by the Office

of Juvenile Justice and Delinquency Prevention of the Department of Justice, and has received grants from that Office to conduct the crucial purposes of the Center.

DEFINITIONS

SEC. 403. For the purpose of this title—

(1) the term ‘‘missing child’’ means any individual less than

18 years of age whose whereabouts are unknown to such individual’s legal custodian if—

(A) * * *

(B) the circumstances of the case strongly indicate that

such individual is likely to be abused or sexually exploited;

øand¿

(2) the term ‘‘Administrator’’ means the Administrator of the

Office of Juvenile Justice and Delinquency Preventionø.¿; and

(3) the term ‘‘Center’’ means the National Center for Missing

and Exploited Children.

DUTIES AND FUNCTIONS OF THE ADMINISTRATOR

SEC. 404. (a) * * *

ø(b) The Administrator, either by making grants to or entering

into contracts with public agencies or nonprofit private agencies,

shall—

ø(1)(A) establish and operate a national 24-hour toll-free

telephone line by which individuals may report information re-
24

garding the location of any missing child, or other child 13

years of age or younger whose whereabouts are unknown to

such child’s legal custodian, and request information pertaining to procedures necessary to reunite such child with such

child’s legal custodian; and

ø(B) coordinating the operation of such telephone line with

the operation of the national communications system established under section 313;

ø(2) establish and operate a national resource center and

clearinghouse designed—

ø(A) to provide to State and local governments, public

and private nonprofit agencies, and individuals information regarding—

ø(i) free or low-cost legal, restaurant, lodging, and

transportation services that are available for the benefit of missing children and their families; and

ø(ii) the existence and nature of programs being carried out by Federal agencies to assist missing children

and their families;

ø(B) to coordinate public and private programs which locate, recover, or reunite missing children with their legal

custodians;

ø(C) to disseminate nationally information about innovative and model missing childrens’ programs, services, and

legislation; and

ø(D) to provide technical assistance and training to law

enforcement agencies, State and local governments, elements of the criminal justice system, public and private

nonprofit agencies, and individuals in the prevention, investigation, prosecution, and treatment of the missing and

exploited child case and in locating and recovering missing

children; and

ø(3) periodically conduct national incidence studies to determine for a given year the actual number of children reported

missing each year, the number of children who are victims of

abduction by strangers, the number of children who are the

victims of parental kidnapings, and the number of children

who are recovered each year; and

ø(4) provide to State and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to

identify and locate missing children.¿

(b) ANNUAL GRANT TO NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.—

(1) IN GENERAL.—The Administrator shall annually make a

grant to the Center, which shall be used to—

(A)(i) operate a national 24-hour toll-free telephone line

by which individuals may report information regarding the

location of any missing child, or other child 13 years of age

or younger whose whereabouts are unknown to such child’s

legal custodian, and request information pertaining to procedures necessary to reunite such child with such child’s

legal custodian; and
25

(ii) coordinate the operation of such telephone line with

the operation of the national communications system referred to in part C of the Runaway and Homeless Youth

Act (42 U.S.C. 5714–11);

(B) operate the official national resource center and information clearinghouse for missing and exploited children;

(C) provide to State and local governments, public and

private nonprofit agencies, and individuals, information

regarding—

(i) free or low-cost legal, restaurant, lodging, and

transportation services that are available for the benefit of missing and exploited children and their families;

and

(ii) the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families;

(D) coordinate public and private programs that locate,

recover, or reunite missing children with their families;

(E) disseminate, on a national basis, information relating

to innovative and model programs, services, and legislation

that benefit missing and exploited children;

(F) provide technical assistance and training to law enforcement agencies, State and local governments, elements

of the criminal justice system, public and private nonprofit

agencies, and individuals in the prevention, investigation,

prosecution, and treatment of cases involving missing and

exploited children; and

(G) provide assistance to families and law enforcement

agencies in locating and recovering missing and exploited

children, both nationally and internationally.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Administrator to carry out this subsection, $10,000,000 for each of fiscal years 2000, 2001, 2002,

and 2003.

(c) NATIONAL INCIDENCE STUDIES.—The Administrator, either by

making grants to or entering into contracts with public agencies or

nonprofit private agencies, shall—

(1) periodically conduct national incidence studies to determine for a given year the actual number of children reported

missing each year, the number of children who are victims of

abduction by strangers, the number of children who are the victims of parental kidnapings, and the number of children who

are recovered each year; and

(2) provide to State and local governments, public and private

nonprofit agencies, and individuals information to facilitate the

lawful use of school records and birth certificates to identify

and locate missing children.

ø(c)¿ (d) Nothing contained in this title shall be construed to

grant to the Administrator any law enforcement responsibility or

supervisory authority over any other Federal agency.

GRANTS

SEC. 405. (a) The Administrator is authorized to make grants to

and enter into contracts with the Center and with public agencies
26

or nonprofit private organizations, or combinations thereof, for research, demonstration projects, or service programs designed—

(1) * * *

* * * * * * *

SEC. 408. (a) IN GENERAL.—To carry out the provisions of this

title, there are authorized to be appropriated such sums as may be

necessary for fiscal years ø1997 through 2001¿ 2000 through 2003.

* * * * * * *

RUNAWAY AND HOMELESS YOUTH

* * * * * * *

SEC. 302. The Congress hereby finds that—

(1) * * *

* * * * * * *

(5) in view of the interstate nature of the problem, it is the

responsibility of the Federal Government to develop øaccurate

reporting of the problem nationally and to develop¿ an accurate national reporting system to report the problem, and to assist in the development of an effective system of care (including

preventive services, emergency shelter services, and extended

residential shelter) outside the welfare system and the law enforcement system;

* * * * * * *

ø(8) in view of the interstate nature of the problem, it is the

responsibility of the Federal Government to develop an accurate national reporting system and to develop an effective system of care including prevention, emergency shelter services,

and longer residential care outside the public welfare and law

enforcement structures;¿

(8) services for runaway and homeless youth are needed in

urban, suburban, and rural areas;

* * * * * * *

PART A—RUNAWAY AND HOMELESS YOUTH GRANT PROGRAM

AUTHORITY TO MAKE GRANTS

SEC. 311. ø(a) The Secretary shall make grants to public and private entities (and combinations of such entities) to establish and

operate (including renovation) local runaway and homeless youth

centers to provide services to deal primarily with the immediate

needs of runaway or otherwise homeless youth, and their families,

in a manner which is outside the law enforcement system, the child

welfare system, the mental health system, and the juvenile justice

system.¿ (a) GRANTS FOR CENTERS AND SERVICES.—

(1) IN GENERAL.—The Secretary shall make grants to public

and nonprofit private entities (and combinations of such entities) to establish and operate (including renovation) local centers to provide services for runaway and homeless youth and for

the families of such youth.
27

(2) SERVICES PROVIDED.—Services provided under paragraph

(1)—

(A) shall be provided as an alternative to involving runaway and homeless youth in the law enforcement, child

welfare, mental health, and juvenile justice systems;

(B) shall include—

(i) safe and appropriate shelter; and

(ii) individual, family, and group counseling, as appropriate; and

(C) may include—

(i) street-based services;

(ii) home-based services for families with youth at

risk of separation from the family; and

(iii) drug abuse education and prevention services.

(b)(1) * * *

(2) Subject to paragraph (3), the amount allotted under paragraph (1) with respect to each State for a fiscal year shall be not

less than $100,000, except that the amount allotted to the Virgin

Islands of the United States, Guam, American Samoa, øthe Trust

Territory of the Pacific Islands,¿ and the Commonwealth of the

Northern Mariana Islands shall be not less than $45,000 each.

* * * * * * *

ø(c)(1) If for a fiscal year the amount appropriated under section 385(a)(1) exceeds $50,000,000, the Secretary may make grants

under this subsection for that fiscal year to entities that receive

grants under subsection (a) to establish and operate street-based

service projects for runaway and homeless youth.

ø(2) For purposes of this part, the term ‘‘street-based services’’

includes—

ø(i) street-based crisis intervention and counseling;

ø(ii) information and referral for housing;

ø(iii) information and referral for transitional living and

health care services; and

ø(iv) advocacy, education, and prevention services for—

ø(I) alcohol and drug abuse;

ø(II) sexually transmitted diseases including HIV/AIDS

infection; and

ø(III) physical and sexual assault.

ø(d)(1) If for a fiscal year the amount appropriated under section

385(a)(1) exceeds $50,000,000, the Secretary may make grants for

that fiscal year to entities that receive grants under subsection (a)

to establish and operate home-based service projects for families

that are separated, or at risk of separation, as a result of the physical absence of a runaway youth or youth at risk of family separation.

ø(2) For purposes of this part—

ø(A) the term ‘‘home-based service project’’ means a project

that provides—

ø(i) case management; and

ø(ii) in the family residence (to the maximum extent

practicable)—

ø(I) intensive, time-limited, family and individual

counseling;
28

ø(II) training relating to life skills and parenting;

and

ø(III) other services;

designed to prevent youth from running away from their families or to cause runaway youth to return to their families;

ø(B) the term ‘‘youth at risk of family separation’’ means an

individual—

ø(i) who is less than 18 years of age; and

ø(ii)(I) who has a history of running away from the family of such individual;

ø(II) whose parent, guardian, or custodian is not willing

to provide for the basic needs of such individual; or

ø(III) who is at risk of entering the child welfare system

or juvenile justice system, as a result of the lack of services available to the family to meet such needs; and

ø(C) the term ‘‘time-limited’’ means for a period not to exceed

6 months.¿

* * * * * * *

ELIGIBILITY

SEC. 312. (a) * * *

(b) In order to qualify for assistance under section 311(a), an applicant shall submit a plan to the Secretary including assurances

that the applicant—

(1) * * *

* * * * * * *

(8) shall submit annual reports to the Secretary detailing

how the center has been able to meet the goals of its plans and

reporting the statistical summaries required by paragraph

ø(6)¿ (7);

* * * * * * *

(10) shall submit a budget estimate with respect to the plan

submitted by such center under this subsection; øand¿

(11) shall supply such other information as the Secretary

reasonably deems necessaryø.¿; and

(12) shall submit to the Secretary an annual report that includes, with respect to the year for which the report is

submitted—

(A) information regarding the activities carried out under

this part;

(B) the achievements of the project under this part carried out by the applicant; and

(C) statistical summaries describing—

(i) the number and the characteristics of the runaway and homeless youth, and youth at risk of family

separation, who participate in the project; and

(ii) the services provided to such youth by the project.

ø(c) To be eligible for assistance under section 311(c), an applicant shall propose to establish, strengthen, or fund a street-based

service project for runaway and homeless youth and shall submit

to the Secretary a plan in which the applicant agrees, as part of

the project—
29

ø(1) to provide qualified supervision of staff, including onstreet supervision by appropriately trained staff;

ø(2) to provide backup personnel for on-street staff;

ø(3) to provide informational and health educational material to runaway and homeless youth in need of services;

ø(4) to provide initial and periodic training of staff who provide services under the project;

ø(5) to carry out outreach activities for runaway and homeless youth and to collect statistical information on runaway

and homeless youth contacted through such activities;

ø(6) to develop referral relationships with agencies and organizations that provide services or assistance to runaway and

homeless youth, including law enforcement, education, social

services, vocational education and training, public welfare,

legal assistance, mental health and health care;

ø(7) to submit to the Secretary an annual report that includes information regarding the activities carried out with

funds received under section 311(c), the achievements of the

project under section 311(c) carried out by the applicant, and

statistical summaries describing the number and the characteristics of the runaway and homeless youth who participate in

such project in the year for which the report is submitted;

ø(8) to implement such accounting procedures and fiscal control devices as the Secretary may require;

ø(9) to submit to the Secretary an annual budget that estimates the itemized costs to be incurred in the year for which

the applicant requests a grant under subsection 311(c);

ø(10) to keep adequate statistical records that profile runaway and homeless youth whom it serves and not to disclose

the identity of such youth in reports or other documents based

on such statistical records;

ø(11) not to disclose records maintained on an individual

runaway and homeless youth without the informed consent of

the youth, to any person other than an agency compiling statistical records; and

ø(12) to provide to the Secretary such other information as

the Secretary may reasonably require.

ø(d) To be eligible for assistance under section 311(d), an applicant shall propose to establish, strengthen, or fund a home-based

service project for runaway youth or youth at risk of family separation and shall submit to the Secretary a plan in which the applicant agrees, as part of the project—

ø(1) to provide counseling and information services needed

by runaway youth, youth at risk of family separation, and the

family (including unrelated individuals in the family household) of such youth, including services relating to basic life

skills, interpersonal skill building, educational advancement,

job attainment skills, mental and physical health care, parent

training, financial planning, and referral to sources of other

needed services;

ø(2) to provide directly, or through an arrangement made by

the applicant, 24-hour service to respond to family crises (including immediate access to temporary shelter for runaway
30

youth and youth at risk of family separation affected by family

crises);

ø(3) to establish in partnership with the families of runaway

youth and youth at risk of family separation, objectives and

measures of success to be achieved as a result of participating

in such project;

ø(4) to provide informational and health educational material to runaway youth and youth at risk of family separation

in need of services;

ø(5) to provide initial and periodic training of staff who provide services under the project;

ø(6) to carry out outreach activities for runaway youth and

youth at risk of family separation, and to collect statistical information on runaway youth and youth at risk of family separation contacted through such activities;

ø(7) to ensure that—

ø(i) caseloads will remain sufficiently low to allow for intensive (5 to 20 hours per week) involvement with each

family participating in such project; and

ø(ii) qualified supervision will be provided to staff who

provide services under the project;

ø(8) to submit to the Secretary an annual report that includes information regarding the activities carried out with

funds under section 311(d), the achievements of the project

under this part carried out by the applicant and statistical

summaries describing the number and the characteristics of

the runaway youth and youth at risk of family separation who

participate in such project in the year for which the report is

submitted;

ø(9) to implement such accounting procedures and fiscal control devices as the Secretary may require;

ø(10) to submit to the Secretary an annual budget that estimates the itemized costs to be incurred in the year for which

the applicant requests a grant under section 311(d);

ø(11) to keep adequate statistical records that profile runaway youth and youth at risk of family separation whom it

serves and not to disclose the identity of such youth in reports

or other documents based on such statistical records;

ø(12) not to disclose records maintained on an individual

runaway youth or youth at risk of family separation without

the informed consent of the youth, to any person other than an

agency compiling statistical records; and

ø(13) to provide to the Secretary such other information as

the Secretary may reasonably require.¿

(c) APPLICANTS PROVIDING STREET-BASED SERVICES.—To be eligible to use assistance under section 311(a)(2)(C)(i) to provide streetbased services, the applicant shall include in the plan required by

subsection (b) assurances that in providing such services the applicant will—

(1) provide qualified supervision of staff, including on-street

supervision by appropriately trained staff;

(2) provide backup personnel for on-street staff;

(3) provide initial and periodic training of staff who provide

such services; and
31

(4) conduct outreach activities for runaway and homeless

youth, and street youth.

(d) APPLICANTS PROVIDING HOME-BASED SERVICES.—To be eligible to use assistance under section 311(a) to provide home-based

services described in section 311(a)(2)(C)(ii), an applicant shall include in the plan required by subsection (b) assurances that in providing such services the applicant will—

(1) provide counseling and information to youth and the families (including unrelated individuals in the family households)

of such youth, including services relating to basic life skills,

interpersonal skill building, educational advancement, job attainment skills, mental and physical health care, parenting

skills, financial planning, and referral to sources of other needed services;

(2) provide directly, or through an arrangement made by the

applicant, 24-hour service to respond to family crises (including

immediate access to temporary shelter for runaway and homeless youth, and youth at risk of separation from the family);

(3) establish, in partnership with the families of runaway and

homeless youth, and youth at risk of separation from the family, objectives and measures of success to be achieved as a result

of receiving home-based services;

(4) provide initial and periodic training of staff who provide

home-based services; and

(5) ensure that—

(A) caseloads will remain sufficiently low to allow for intensive (5 to 20 hours per week) involvement with each family receiving such services; and

(B) staff providing such services will receive qualified supervision.

(e) APPLICANTS PROVIDING DRUG ABUSE EDUCATION AND PREVENTION SERVICES.—To be eligible to use assistance under section

311(a)(2)(C)(iii) to provide drug abuse education and prevention

services, an applicant shall include in the plan required by subsection (b)—

(1) a description of—

(A) the types of such services that the applicant proposes

to provide;

(B) the objectives of such services; and

(C) the types of information and training to be provided

to individuals providing such services to runaway and

homeless youth; and

(2) an assurance that in providing such services the applicant

shall conduct outreach activities for runaway and homeless

youth.

øAPPROVAL BY SECRETARY

øSEC. 313. An application by a State, locality, or private entity

for a grant under section 311 (a), (c), or (d) may be approved by

the Secretary only if it is consistent with the applicable provisions

of section 311 (a), (c), or (d) and meets the requirements set forth

in section 312. Priority shall be given to grants smaller than

$200,000. In considering grant applications under section 311(a),

priority shall be given to organizations which have a demonstrated
32

experience in the provision of service to runaway and homeless

youth and their families.¿

SEC. 313. APPROVAL OF APPLICATIONS.

(a) IN GENERAL.—An application by a public or private entity for

a grant under section 311(a) may be approved by the Secretary after

taking into consideration, with respect to the State in which such

entity proposes to provide services under this part—

(1) the geographical distribution in such State of the proposed

services under this part for which all grant applicants request

approval; and

(2) which areas of such State have the greatest need for such

services.

(b) PRIORITY.—In selecting applications for grants under section

311(a), the Secretary shall give priority to—

(1) eligible applicants who have demonstrated experience in

providing services to runaway and homeless youth; and

(2) eligible applicants that request grants of less than $200,000.

PART B—TRANSITIONAL LIVING GRANT PROGRAM

øPURPOSE AND¿ AUTHORITY FOR PROGRAM

øSEC. 321. ø(a)¿ The Secretary is authorized to make grants and

to provide technical assistance to public and nonprofit private entities to establish and operate transitional living youth projects for

homeless youth.

ø(b) For purposes of this part—

ø(1) the term ‘‘homeless youth’’ means any individual—

ø(A) who is not less than 16 years of age and not more

than 21 years of age;

ø(B) for whom it is not possible to live in a safe environment with a relative; and

ø(C) who has no other safe alternative living arrangement; and

ø(2) the term ‘‘transitional living youth project’’ means a

project that provides shelter and services designated to promote a transition to self-sufficient living and to prevent longterm dependency on social services.¿

ELIGIBILITY

øSEC. 322. (a) To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund a transitional

living youth project for homeless youth and shall submit to the Secretary a plan in which such applicant agrees, as part of such

project—

(1) * * *

* * * * * * *

(9) to submit to the Secretary an annual report that includes

information regarding the activities carried out with funds

under this part, the achievements of the project under this

part carried out by the applicant and statistical summaries describing the number and the characteristics of the homeless

youth who participate in such project, and the services provided
33

to such youth by such project, in the year for which the report

is submitted;

* * * * * * *

PART C—NATIONAL COMMUNICATIONS SYSTEM

AUTHORITY TO MAKE GRANTS

SEC. 331. øWith funds reserved under section 385(a)(3), the Secretary¿ The Secretary shall make grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. The Secretary

shall give priority to grant applicants that have experience in providing telephone services to runaway and homeless youth.

PART D—COORDINATING, TRAINING, RESEARCH, AND OTHER

ACTIVITIES

øCOORDINATION

øSEC. 341. With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth,

the Secretary shall coordinate the activities of agencies of the Department of Health and Human Services with the activities of

other Federal entities and with the activities of entities that are eligible to receive grants under this title.¿

SEC. 341. COORDINATION.

With respect to matters relating to the health, education, employment, and housing of runaway and homeless youth, the Secretary—

(1) in conjunction with the Attorney General, shall coordinate

the activities of agencies of the Department of Health and

Human Services with activities under any other Federal juvenile crime control, prevention, and juvenile offender accountability program and with the activities of other Federal entities;

and

(2) shall coordinate the activities of agencies of the Department of Health and Human Services with the activities of other

Federal entities and with the activities of entities that are eligible to receive grants under this title.

AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION,

DEMONSTRATION, AND SERVICE PROJECTS

SEC. 343. (a) The Secretary may make grants to States, localities,

and private entities (and combinations of such entities) to carry out

research, evaluation, demonstration, and service projects designed

to increase knowledge concerning, and to improve services for, runaway youth and homeless youth.

(b) In selecting among applications for grants under subsection

(a), the Secretary shall give special consideration to proposed

projects relating to—

(1) * * *

ø(2) home-based and street-based services for, and outreach

to, runaway youth and homeless youth;¿
34

ø(3)¿ (2) transportation of runaway youth and homeless

youth in connection with services authorized to be provided

under this title;

ø(4)¿ (3) the special needs of runaway youth and homeless

youth programs in rural areas;

ø(5)¿ (4) the special needs of programs that place runaway

youth and homeless youth in host family homes;

ø(6)¿ (5) staff training in—

(A) * * *

* * * * * * *

ø(7)¿ (6) innovative methods of developing resources that enhance the establishment or operation of runaway and homeless

youth centers;

ø(8)¿ (7) training for runaway youth and homeless youth,

and staff training, related to preventing and obtaining treatment for infection by the human immunodeficiency virus

(HIV);

ø(9)¿ (8) increasing access to health care (including mental

health care) for runaway youth and homeless youth; and

ø(10)¿ (9) increasing access to education for runaway youth

and homeless youth.

* * * * * * *

TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE SERVICES TO

YOUTH IN RURAL AREAS

SEC. 344. (a)(1) øWith funds appropriated under section 385(c),

the Secretary¿ The Secretary may make grants on a competitive

basis to States, localities, and private entities (and combinations of

such entities) to provide services (including transportation) authorized to be provided under part A, to runaway and homeless youth

in rural areas.

* * * * * * *

STUDY

SEC. 345. The Secretary shall conduct a study of a representative

sample of runaways to determine the percent who leave home because of sexual abuse. The report on the study shall include—

(1) in the case of sexual abuse, the relationship of the

assaulter to the runaway; and

(2) recommendations on how Federal laws may be changed to

reduce sexual assaults on children.

The study shall be completed to enable the Secretary to make a report to the committees of Congress with jurisdiction over this Act,

and to make such report available to the public, within one year of

the date of the enactment of this section.

PART E—SEXUAL ABUSE PREVENTION PROGRAM

AUTHORITY TO MAKE GRANTS

SEC. 351. (a) IN GENERAL.—The Secretary may make grants to

nonprofit private agencies for the purpose of providing street-based

services to runaway and homeless, and street youth, who have been
35

subjected to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation.

(b) PRIORITY.—In selecting applicants to receive grants under subsection (a), the Secretary shall give priority to nonprofit private

agencies that have experience in providing services to runaway and

homeless, and street youth.

PART øE¿ F—GENERAL PROVISIONS

ASSISTANCE TO POTENTIAL GRANTEES

øSEC. ø371.¿ 380. The Secretary shall provide informational assistance to potential grantees interested in establishing runaway

and homeless youth centers and transitional living youth projects.

øSuch assistance shall consist of information on—

ø(1) steps necessary to establish a runaway and homeless

youth center or transitional living youth project, including information on securing space for such center or such project, obtaining insurance, staffing, and establishing operating procedures;

ø(2) securing local private or public financial support for the

operation of such center or such project, including information

on procedures utilized by grantees under this title; and

ø(3) the need for the establishment of additional runaway

and homeless youth centers in the geographical area identified

by the potential grantee involved.¿

LEASE OF SURPLUS FEDERAL FACILITIES FOR USE AS RUNAWAY AND

HOMELESS YOUTH CENTERS OR AS TRANSITIONAL LIVING YOUTH

SHELTER FACILITIES

SEC. ø372.¿ 381. (a) * * *

* * * * * * *

øPART F—ADMINISTRATIVE PROVISIONS¿

øREPORTS

øSEC. 381. (a) Not later than 180 days after the end of each fiscal

year, the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate on the status and accomplishments of the runaway and homeless youth centers which are funded under part A, with particular attention to—

ø(1) their effectiveness in alleviating the problems of runaway and homeless youth;

ø(2) their ability to reunite children with their families and

to encourage the resolution of intrafamily problems through

counseling and other services;

ø(3) their effectiveness in strengthening family relationships

and encouraging stable living conditions for children; and

ø(4) their effectiveness in helping youth decide upon a future

course of action.

ø(b) Not later than 180 days after the end of each fiscal year, the

Secretary shall submit a report to the Committee on Education and

Labor of the House of Representatives and the Committee on the
36

Judiciary of the Senate on the status and accomplishments of the

transitional living youth projects which are funded under part B,

with particular attention to—

ø(1) the number and characteristics of homeless youth served

by such projects;

ø(2) describing the types of activities carried out under such

projects;

ø(3) the effectiveness of such projects in alleviating the immediate problems of homeless youth;

ø(4) the effectiveness of such projects in preparing homeless

youth for self sufficiency;

ø(5) the effectiveness of such projects in helping youth decide

upon future education, employment, and independent living;

and

ø(6) the ability of such projects to strengthen family relationships, and encourage the resolution of intra-family problems

through counseling and the development of self-sufficient living

skills.

REPORTS

SEC. 382. (a) IN GENERAL.—Not later than April 1, 2000, and biennially thereafter, the Secretary shall submit, to the Committee on

Education and the Workforce of the House of Representatives and

the Committee on the Judiciary of the Senate, a report on the status,

activities, and accomplishments of entities that receive grants under

parts A, B, C, D, and E, with particular attention to—

(1) in the case of centers funded under part A, the ability or

effectiveness of such centers in—

(A) alleviating the problems of runaway and homeless

youth;

(B) if applicable or appropriate, reuniting such youth

with their families and encouraging the resolution of

intrafamily problems through counseling and other services;

(C) strengthening family relationships and encouraging

stable living conditions for such youth; and

(D) assisting such youth to decide upon a future course

of action; and

(2) in the case of projects funded under part B—

(A) the number and characteristics of homeless youth

served by such projects;

(B) the types of activities carried out by such projects;

(C) the effectiveness of such projects in alleviating the

problems of homeless youth;

(D) the effectiveness of such projects in preparing homeless youth for self-sufficiency;

(E) the effectiveness of such projects in assisting homeless

youth to decide upon future education, employment, and

independent living;

(F) the ability of such projects to encourage the resolution

of intrafamily problems through counseling and development of self-sufficient living skills; and

(G) activities and programs planned by such projects for

the following fiscal year.
37

(b) CONTENTS OF REPORTS.—The Secretary shall include in each

report submitted under subsection (a), summaries of—

(1) the evaluations performed by the Secretary under section

386; and

(2) descriptions of the qualifications of, and training provided

to, individuals involved in carrying out such evaluations.

FEDERAL SHARE

SEC. ø382.¿ 383. (a) * * *

* * * * * * *

RECORDS

SEC. ø383.¿ 384. Records containing the identity of individual

youth pursuant to this Act may under no circumstances be disclosed or transferred to any individual or to any public or private

agency.

øANNUAL PROGRAM PRIORITIES

øSEC. 384. (a) The Secretary shall develop for each fiscal year,

and publish annually in the Federal Register for public comment

a proposed plan specifying the subject priorities the Secretary will

follow in making grants under this title for such fiscal year.

ø(b) Taking into consideration comments received in the 45-day

period beginning on the date the proposed plan is published, the

Secretary shall develop and publish, before December 31 of such

fiscal year, a final plan specifying the priorities referred to in subsection (a).¿

øAUTHORIZATION OF APPROPRIATIONS

øSEC. 385. (a)(1) To carry out the purposes of part A of this title

there are authorized to be appropriated such sums as may be necessary for fiscal years 1989, 1990, 1991, and 1992.

ø(2) Not less than 90 percent of the funds appropriated under

paragraph (1) for a fiscal year shall be available to carry out section 311(a) in such fiscal year.

ø(b)(1) Subject to paragraph (2), to carry out the purposes of part

B of this title, there are authorized to be appropriated $5,000,000

for fiscal year 1989 and such sums as may be necessary for each

of the fiscal years 1990, 1991, and 1992.

ø(2) No funds may be appropriated to carry out part B of this

title for a fiscal year unless the aggregate amount appropriated for

such fiscal year to carry out part A of this title exceeds

$26,900,000.

ø(c) The Secretary (through the Office of Youth Development

which shall administer this title) shall consult with the Attorney

General (through the Administrator of the Office of Juvenile Justice and Delinquency Prevention) for the purpose of cordinating the

development and implementation of programs and activities funded

under this title with those related programs and activities funded

under title II of this Act and under the Omnibus Crime Control

and Safe Streets Act of 1968, as amended.
38

ø(d) No funds appropriated to carry out the purposes of this

title—

ø(1) may be used for any program or activity which is not

specifically authorized by this title; or

ø(2) may be combined with funds appropriated under any

other Act if the purpose of combining such funds is to make a

single discretionary grant or a single discretionary payment

unless such funds are separately identified in all grants and

contracts and are used for the purposes specified in this title.¿

CONSOLIDATED REVIEW OF APPLICATIONS

SEC. 385. With respect to funds available to carry out parts A, B,

C, D, and E, nothing in this title shall be construed to prohibit the

Secretary from—

(1) announcing, in a single announcement, the availability of

funds for grants under 2 or more of such parts; and

(2) reviewing applications for grants under 2 or more of such

parts in a single, consolidated application review process.

EVALUATION AND INFORMATION

SEC. 386. (a) IN GENERAL.—If a grantee receives grants for 3 consecutive fiscal years under part A, B, C, D, or E (in the alternative),

then the Secretary shall evaluate such grantee on-site, not less frequently than once in the period of such 3 consecutive fiscal years,

for purposes of—

(1) determining whether such grants are being used for the

purposes for which such grants are made by the Secretary;

(2) collecting additional information for the report required

by section 384; and

(3) providing such information and assistance to such grantee

as will enable such grantee to improve the operation of the centers, projects, and activities for which such grants are made.

(b) COOPERATION.—Recipients of grants under this title shall cooperate with the Secretary’s efforts to carry out evaluations, and to

collect information, under this title.

DEFINITIONS

SEC. 387.

In this title:

(1) DRUG ABUSE EDUCATION AND PREVENTION SERVICES.—The

term ‘‘drug abuse education and prevention services’’—

(A) means services to runaway and homeless youth to

prevent or reduce the illicit use of drugs by such youth; and

(B) may include—

(i) individual, family, group, and peer counseling;

(ii) drop-in services;

(iii) assistance to runaway and homeless youth in

rural areas (including the development of community

support groups);

(iv) information and training relating to the illicit

use of drugs by runaway and homeless youth, to individuals involved in providing services to such youth;

and
39

(v) activities to improve the availability of local drug

abuse prevention services to runaway and homeless

youth.

(2) HOME-BASED SERVICES.—The term ‘‘home-based

services’’—

(A) means services provided to youth and their families

for the purpose of—

(i) preventing such youth from running away, or otherwise becoming separated, from their families; and

(ii) assisting runaway youth to return to their families; and

(B) includes services that are provided in the residences

of families (to the extent practicable), including—

(i) intensive individual and family counseling; and

(ii) training relating to life skills and parenting.

(3) HOMELESS YOUTH.—The term ‘‘homeless youth’’ means an

individual—

(A) who is—

(i) not more than 21 years of age; and

(ii) for the purposes of part B, not less than 16 years

of age;

(B) for whom it is not possible to live in a safe environment with a relative; and

(C) who has no other safe alternative living arrangement.

(4) STREET-BASED SERVICES.—The term ‘‘street-based

services’’—

(A) means services provided to runaway and homeless

youth, and street youth, in areas where they congregate, designed to assist such youth in making healthy personal

choices regarding where they live and how they behave; and

(B) may include—

(i) identification of and outreach to runaway and

homeless youth, and street youth;

(ii) crisis intervention and counseling;

(iii) information and referral for housing;

(iv) information and referral for transitional living

and health care services;

(v) advocacy, education, and prevention services related to—

(I) alcohol and drug abuse;

(II) sexual exploitation;

(III) sexually transmitted diseases, including

human immunodeficiency virus (HIV); and

(IV) physical and sexual assault.

(5) STREET YOUTH.—The term ‘‘street youth’’ means an individual who—

(A) is—

(i) a runaway youth; or

(ii) indefinitely or intermittently a homeless youth;

and

(B) spends a significant amount of time on the street or

in other areas that increase the risk to such youth for sexual abuse, sexual exploitation, prostitution, or drug abuse.
40

(6) TRANSITIONAL LIVING YOUTH PROJECT.—The term ‘‘transitional living youth project’’ means a project that provides shelter and services designed to promote a transition to self-sufficient living and to prevent long-term dependency on social services.

(7) YOUTH AT RISK OF SEPARATION FROM THE FAMILY.—The

term ‘‘youth at risk of separation from the family’’ means an

individual—

(A) who is less than 18 years of age; and

(B)(i) who has a history of running away from the family

of such individual;

(ii) whose parent, guardian, or custodian is not willing

to provide for the basic needs of such individual; or

(iii) who is at risk of entering the child welfare system or

juvenile justice system as a result of the lack of services

available to the family to meet such needs.

AUTHORIZATION OF APPROPRIATIONS

SEC. 388. (a) IN GENERAL.—

(1) AUTHORIZATION.—There is authorized to be appropriated

to carry out this title (other than part E) such sums as may be

necessary for fiscal years 2000, 2001, 2002, and 2003.

(2) ALLOCATION.—

(A) PARTS A AND B.—From the amount appropriated

under paragraph (1) for a fiscal year, the Secretary shall

reserve not less than 90 percent to carry out parts A and

B.

(B) PART B.—Of the amount reserved under subparagraph (A), not less than 20 percent, and not more than 30

percent, shall be reserved to carry out part B.

(3) PARTS C AND D.—In each fiscal year, after reserving the

amounts required by paragraph (2), the Secretary shall use the

remaining amount (if any) to carry out parts C and D.

(4) PART E.—There is authorized to be appropriated to carry

out part E such sums as may be necessary for fiscal years 2000,

2001, 2002, and 2003.

(b) SEPARATE IDENTIFICATION REQUIRED.—No funds appropriated

to carry out this title may be combined with funds appropriated

under any other Act if the purpose of combining such funds is to

make a single discretionary grant, or a single discretionary payment, unless such funds are separately identified in all grants and

contracts and are used for the purposes specified in this title.

Æ