[House Report 115-110] [From the U.S. Government Publishing Office] 115th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 115-110 ====================================================================== IMPROVING SUPPORT FOR MISSING AND EXPLOITED CHILDREN ACT OF 2017 _______ May 4, 2017.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Ms. Foxx, from the Committee on Education and the Workforce, submitted the following R E P O R T [To accompany H.R. 1808] [Including cost estimate of the Congressional Budget Office] The Committee on Education and the Workforce, to whom was referred the bill (H.R. 1808) to amend and improve the Missing Children's Assistance 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 all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Support for Missing and Exploited Children Act of 2017''. SEC. 2. FINDINGS. Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger;'', (2) by striking paragraphs (4) and (5), (3) in paragraph (6) by inserting ``, including child sex trafficking and sextortion'' after ``exploitation'', (4) in paragraph (8) by adding ``and'' at the end, (5) by striking paragraph (9), (6) by amending paragraph (10) to read as follows: ``(10) a key component of such programs is the National Center for Missing and Exploited Children that-- ``(A) serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public; ``(B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, the United States Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental organizations in the effort to find missing children and to prevent child victimization; and ``(C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law enforcement, nongovernmental organizations, and corporate partners across the United States and around the world instantly.'', and (7) by redesignating paragraphs (6), (7), (8), and (10) as paragraphs (4), (5), (6), and (7), respectively. SEC. 3. DEFINITIONS. Section 403 of the Missing Children's Assistance Act (42 U.S.C. 5772) is amended-- (1) in paragraph (1)-- (A) by striking ``legal custodian'' each place it appears and inserting ``parent'', (B) in subparagraph (A) by striking ``custodian's'' and inserting ``parent's'', and (C) in subparagraph (C) by striking the period and the end and inserting a semicolon, (2) in paragraph (2) by striking ``and'' at the end, (3) in paragraph (3) by striking the period at the end and inserting ``; and'', and (4) by adding at the end the following: ``(4) the term `parent' includes a legal guardian or other individual standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or an individual who is legally responsible for the child's welfare).''. SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR. Section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773) is amended-- (1) in subsection (a)-- (A) in paragraph (3) by striking ``telephone line'' and inserting ``hotline'', and (B) in paragraph (6)(E)-- (i) by striking ``telephone line'' and inserting ``hotline'', (ii) by striking ``(b)(1)(A) and'' and inserting ``(b)(1)(A),'', and (iii) by inserting ``, and the number and types of reports to the tipline established under subsection (b)(1)(K)(i)'' before the semicolon at the end, (2) in subsection (b)(1)-- (A) in subparagraph (A)-- (i) by striking ``telephone line'' each place it appears and inserting ``hotline'', and (ii) by striking ``legal custodian'' and inserting ``parent'', (B) in subparagraph (C)-- (i) in clause (i)-- (I) by striking ``restaurant'' and inserting ``food'', and (II) by striking ``and'' at the end, (ii) in clause (ii) by adding ``and'' at the end, and (iii) by adding at the end the following: ``(iii) innovative and model programs, services, and legislation that benefit missing and exploited children;'', (C) by striking subparagraphs (E), (F), and (G), (D) by amending subparagraph (H) to read as follows: ``(H) provide technical assistance and training to families, law enforcement agencies, State and local governments, elements of the criminal justice system, nongovernmental agencies, local educational agencies, and the general public-- ``(i) in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; ``(ii) to respond to foster children missing from the State child welfare system in coordination with child welfare agencies and courts handling juvenile justice and dependency matters; and ``(iii) in the identification, location, and recovery of victims of, and children at risk for, child sex trafficking;'', (E) by amending subparagraphs (I), (J), and (K) to read as follows: ``(I) provide assistance to families, law enforcement agencies, State and local governments, nongovernmental agencies, child-serving professionals, and other individuals involved in the location and recovery of missing and abducted children, both nationally, and in cooperation with the Department of State, internationally; ``(J) provide support and technical assistance to child-serving professionals involved in helping to recover missing and exploited children by searching public records databases to help in the identification, location, and recovery of such children, and help in the location and identification of potential abductors and offenders; ``(K) provide forensic and direct on-site technical assistance and consultation to families, law enforcement agencies, child-serving professionals, and nongovernmental organizations in child abduction and exploitation cases, including facial reconstruction of skeletal remains and similar techniques to assist in the identification of unidentified deceased children;''. (F) by striking subparagraphs (L) and (M), (G) by amending subparagraph (N) to read as follows: ``(N) provide training, technical assistance, and information to nongovernmental organizations relating to non-compliant sex offenders and to law enforcement agencies in identifying and locating such individuals;'', (H) by striking subparagraph (P), (I) by amending subparagraph (Q) to read as follows: ``(Q) work with families, law enforcement agencies, electronic service providers, electronic payment service providers, technology companies, nongovernmental organizations, and others on methods to reduce the existence and distribution of online images and videos of sexually exploited children-- ``(i) by operating a tipline to provide to individuals and electronic service providers an effective means of reporting Internet-related and other instances of child sexual exploitation in the areas of-- ``(I) possession, manufacture, and distribution of child pornography; ``(II) online enticement of children for sexual acts; ``(III) child sex trafficking; ``(IV) sex tourism involving children; ``(V) extra familial child sexual molestation; ``(VI) unsolicited obscene material sent to a child; ``(VII) misleading domain names; and ``(VIII) misleading words or digital images on the Internet; and subsequently to make such reports available to the appropriate law enforcement agency for its review and potential investigation; ``(ii) by operating a child victim identification program to assist law enforcement agencies in identifying victims of child pornography and other sexual crimes to support the recovery of children from sexually exploitative situations; and ``(iii) by utilizing emerging technologies to provide additional outreach and educational materials to parents and families;'', (J) by striking subparagraph (R), (K) by amending subparagraphs (S) and (T) to read as follows: ``(S) develop and disseminate programs and information to families, child-serving professionals, law enforcement agencies, State and local governments, nongovernmental organizations, schools, local educational agencies, child-serving organizations, and the general public on-- ``(i) the prevention of child abduction and sexual exploitation; ``(ii) Internet safety, including tips for social media and cyberbullying; and ``(iii) sexting and sextortion; and ``(T) provide technical assistance and training to local educational agencies, schools, State and local law enforcement agencies, individuals, and other nongovernmental organizations that assist with finding missing and abducted children in identifying and recovering such children.'', and (L) by redesignating subparagraphs (H), (I), (J), (K), (N), (O), (Q), (S), (T), (U), and (V) as subparagraphs (E) through (O), respectively. SEC. 5. GRANTS. Section 405 of the Missing Children's Assistance Act (42 U.S.C. 5775) is amended-- (1) in subsection (a)-- (A) in paragraph (7) by striking ``(as defined in section 403(1)(A))'', and (B) in paragraph (8)-- (i) by striking ``legal custodians'' and inserting ``parents'', and (ii) by striking ``custodians''' and inserting ``parents''', and (2) in subsection (b)(1)(A) by striking ``legal custodians'' and inserting ``parents''. SEC. 6. REPORTING. The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is amended-- (1) by redesignating sections 407 and 408 as section 408 and 409, respectively, and (2) by inserting after section 406 the following: ``SEC. 407. REPORTING. ``(a) Required Reporting.--As a condition of receiving funds under section 404(b), the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually provide to the Administrator and make available to the general public, as appropriate-- ``(1) the number of children nationwide who are reported to the grantee as missing; ``(2) the number of children nationwide who are reported to the grantee as victims of non-family abductions; ``(3) the number of children nationwide who are reported to the grantee as victims of family abductions; and ``(4) the number of missing children recovered nationwide whose recovery was reported to the grantee. ``(b) Incidence of Attempted Child Abductions.--As a condition of receiving funds under section 404(b), the grant recipient shall-- ``(1) track the incidence of attempted child abductions in order to identify links and patterns; ``(2) provide such information to law enforcement agencies; and ``(3) make such information available to the general public, as appropriate.''. H.R. 1808, IMPROVING SUPPORT FOR MISSING AND EXPLOITED CHILDREN ACT OF 2017 Purpose H.R. 1808, the Improving Support for Missing and Exploited Children Act of 2017, updates the Missing Children's Assistance Act (MCAA), which coordinates and supports state and local efforts to recover missing and exploited children. MCAA both provides guidance on the resources needed to best assist victims and their families and ensures engaged stakeholders have the necessary skills needed to prevent, recover, and help missing, abducted, and exploited children. H.R. 1808 updates MCAA to ensure it aligns with best practices currently utilized at the state and local levels. Committee Action 113TH CONGRESS Introduction and House Passage of H.R. 3092, E. Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 2013 On September 12, 2013, Rep. Brett Guthrie (R-KY) introduced H.R. 3092, the E. Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 2013. The bill reauthorized MCAA, under which the Missing and Exploited Children program is authorized. On September 17, the U.S. House of Representatives (House) passed H.R. 3092, and on September 25, it was passed by the U.S. Senate. On September 30, President Obama signed H.R. 3092 into law. Subcommittee Hearing on Protecting America's Youth: An Update from the National Center for Missing and Exploited Children On July 15, 2014, the Subcommittee on Early Childhood, Elementary, and Secondary Education (Subcommittee) held a hearing in Washington, D.C., on ``Protecting America's Youth: An Update from the National Center for Missing and Exploited Children.'' The purpose of the hearing was to oversee the implementation of H.R. 3092. Testifying before the Subcommittee was Mr. John D. Ryan, President and Chief Executive Officer, National Center for Missing and Exploited Children (NCMEC), Alexandria, Virginia. 115TH CONGRESS Full Committee Hearing on Honoring Our Commitment to Recover and Protect Missing and Exploited Children On March 16, 2017, the Committee on Education and the Workforce (Committee) held a hearing in Washington, D.C., on ``Honoring Our Commitment to Recover and Protect Missing and Exploited Children.'' The purpose of the hearing was to learn about MCAA and NCMEC. Testifying before the Committee was Mr. John F. Clark, President and Chief Executive Officer, National Center for Missing and Exploited Children, Alexandria, Virginia. Introduction of H.R. 1808, Improving Support for Missing and Exploited Children Act of 2017 On March 30, 2017, Rep. Brett Guthrie (R-KY) introduced H.R. 1808. The bill updates MCAA to streamline the grant activities of the Missing and Exploited Children program to better align required activities with current services. Committee Passage of H.R. 1808, Improving Support for Missing and Exploited Children Act of 2017 On April 4, 2017, the Committee considered H.R. 1808 in legislative session and reported the bill favorably, as amended, to the House by voice vote. There was one amendment offered:Amendment in the Nature of a Substitute: Rep. Guthrie offered an amendment in the nature of a substitute. The amendment (1) made a conforming change to ensure consistency of terms throughout the bill; and (2) made technical changes. Vice Chairman Joe Wilson (R-SC) offered a motion to report the bill as amended. The motion was adopted by voice vote. Summary of H.R. 1808 Beginning in the late 1970s, many highly publicized cases of child abduction, sexual abuse, and murder prompted policymakers and child advocates to focus on the problem of missing children. Recognizing the need for greater federal coordination of local and state efforts to recover missing and exploited children, Congress created the Missing and Exploited Children program under the MCAA, which directed the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP) to establish both a toll-free number to report missing children and provide a grant for a national resource center for missing and exploited children. The program also allowed funding to be used for professional development and technical assistance to public and private entities to assist in recovering missing children.\1\ MCAA was most recently reauthorized in 2013. --------------------------------------------------------------------------- \1\Title IV of the Juvenile Justice and Delinquency Prevention Act of 1974. --------------------------------------------------------------------------- A primary component of the Missing and Exploited Children program was a grant given to the National Center for Missing and Exploited Children (NCMEC) to carry out a coordinated, national response to the problem of missing and exploited children in partnership with law enforcement, state and local entities, families, communities, and other stakeholders.\2\ --------------------------------------------------------------------------- \2\Programs authorized under other laws that are not in the Committee's jurisdiction include (1) the Internet Crimes Against Children Task Force; (2) America's Missing: Broadcast Emergency Response Alert system, known as AMBER; and (3) other initiatives, including a membership-based nonprofit missing and exploited children's organization that assists families of missing children and efforts to respond to child sexual exploitation through education, known as the National Alliance of Missing Children's Organizations. --------------------------------------------------------------------------- The grantee has implemented innovative policies, educational initiatives, and public-private partnerships to prevent the victimization of children. The following programs are operated by the center: 24-hour Hotline and CyberTipline. A 24-hour toll- free hotline is operated through its call center to receive reports relating to missing children, leads or sightings of missing children, and requests for assistance, information, and technical assistance from families of missing children, law enforcement, and others. The CyberTipline enables electronic service providers and members of the public to report online incidents involving possession, manufacturing, and distribution of child pornography, online sexual exploitation, unsolicited and inappropriate materials, and misleading information. In all of these instances, the grantee provides various assistance, including sending publications or educational materials, providing technical support about missing children cases, and providing information about transportation for families needing assistance with reunification. The grantee also has access to the FBI's National Crime Information Center's (NCIC) Missing Person File in order to review records and updates of the records of missing children added by local and state law enforcement agencies. Nationwide Database. The grantee manages a nationwide database on missing children cases. Each missing child is entered into the database and assigned a case manager to serve as the single point of contact for the searching family. Case management teams work with families and law enforcement agencies by providing coordinated support and access to analytical and technological resources. Technical Assistance. The grantee offers technical assistance to law enforcement, criminal and juvenile justice professionals, and healthcare professionals. This includes resources that teach the skills needed to respond to and prevent missing and sexually exploited children cases, such as detection, identification, investigation, prevention, and forensic imaging. The grantee also provides nationally accredited professional development for healthcare professionals, which includes infant security for nursing and security personnel. The grantee receives technical assistance support from the U.S. Secret Service in matters involving missing and exploited children. Team HOPE. The grantee provides child safety and prevention resources for families and professionals, as well as support, crisis-intervention, and technical assistance. The Help Offering Parents Empowerment (Team HOPE) consists of volunteers who have had personal experiences with child disappearance to mentor other parents and families, helping them cope with the traumatic experience of abduction and sexual exploitation during and after incidents. Additionally, the grant recipient provides direct support services to such victims and families through mental health and child welfare professionals. State and Local Engagement. In addition to working closely with various federal agencies, the grant recipient works with each state to assist with missing children reports and tips. Working with their community partners, the grantee informs the public about ways to keep children safe through various education programs, such as resources for state officials and mayors to hold child safety events around the country. The grantee also works with nonprofit and corporate partners to create an important network for its programs, including technology provided from Microsoft, Google, and Adobe. Businesses, including Walmart, Comcast, USA Today, and ABC News, help ensure missing children photos and AMBER Alerts are rapidly disseminated to the public. While MCAA was last reauthorized in 2013, the program is set to expire in FY 2018. Given the sensitive nature of this work and past federal efforts to proactively reauthorize the program, it is imperative there is no interruption to the crucial services and assistance provided to victims and their families. As such, H.R. 1808 updates and streamlines the activities of the grant to better align required activities with current practice. This will allow the grantee to continue providing the support needed for victims and families during the difficult times they face. Specifically, the legislation improves current law in the following areas: Clarifies existing structures to align with current practice H.R. 1808 updates the findings of Congress to reflect the awareness that a growing number of children are victims of child sex trafficking and sextortion. To better serve victims and families, the grantee has developed resources to address growing areas of concern where children are highly susceptible to malicious intent. Updates requirements to better serve victims and families H.R. 1808 requires the grantee to provide information on innovative and model programs, services, and legislation that benefit missing and exploited children. This information, in combination with other assistance information relating to free or low-cost legal, food, lodging, and transportation services, serves as critical support for missing and exploited children and their families. Protects children missing from state care and victims of sex trafficking To better align MCAA with current practice to combat emerging trends in sex trafficking, H.R. 1808 clarifies the work the grantee does to help prevent child sex trafficking. Specifically, the grantee will provide technical assistance and education to families, law enforcement agencies, state and local governments, non-government agencies, schools, and the general public on how to proactively respond to children missing from state child welfare systems and victims or those at-risk of being victims of child sex trafficking. By updating this provision to address emerging trends, H.R. 1808 ensures entities and individuals are best prepared to help victims and families. Provides assistance in identifying and locating abductors and missing children H.R. 1808 clarifies requirements to provide support and technical assistance to entities and individuals working to recover missing, abducted, or exploited children. In addition, H.R. 1808 continues the requirement to provide assistance and support relating to forensic information on victims to law enforcement entities, other individuals involved in child abduction and exploitation cases, and families, which might include facial reconstruction of skeletal remains and similar techniques to assist in the identification of unidentified deceased children. Through support and assistance from the grantee, the families and entities working to recover missing, exploited, and abducted children will be able to use reliable data and resources to locate and identify victims. Addresses emerging trends in technology relating to abuse Given the prevalent use of, and easy access to, technology in children's daily lives, H.R. 1808 updates requirements that relate to working with families, law enforcement, technology companies, and other entities and individuals on methods to combat and reduce the existence and distribution of online images and videos associated with sexually exploited children. The bill also maintains the requirement to develop and disseminate programs and information to families, law enforcement, schools, child and youth-serving organizations, and other related entities about the prevention of child abduction and sexual exploitation and about internet safety, including tips for social media and cyberbullying, sexting, and sextortion. These requirements ensure the best possible services and preemptive measures are taken to prevent youth from becoming victims, as well as help those who have already been victimized. Updates reporting requirements to provide additional transparency H.R. 1808 extends reporting requirements under the grant to include making reports to OJJDP publicly available as appropriate. This includes information relating to the number of children nationwide who are reported to the grantee as missing; the number of victims of non-family abductions; the number of victims of family abductions; and the number of children recovered nationwide when the recovery was reported to the grantee. Additionally, the grantee follows the incidence of attempted child abductions in order to identify links and patterns, providing such information to law enforcement agencies as well as the general public, as appropriate. This information improves the needed services and preemptive measures to help victims, those at-risk of becoming victims, and their families. Committee Views Introduction Protecting our children has long been a national priority, and children deserve to live without fear of being abused, sexually exploited or taken from their families. Unfortunately, statistics show that many children remain at-risk. Last year alone, there were more than 465,000 reports of missing children, which is why the Missing and Exploited Children program continues to play a critical role in protecting children and provides vital support for communities across the country. H.R. 1808 helps the Missing and Exploited Children program continue to provide crucial services to ensure children who are missing, abducted, or victims of sexual exploitation and their families receive needed support without disruption. Combatting growing trends in crimes committed against children and youth Since its creation, the Missing and Exploited Children program has supported the efforts of state and local governments, families, schools, law enforcement, community leaders, and nonprofit organizations to help children and at- risk youth in desperate need of protection. As the use of technology becomes even more prevalent, the threat to children encountering individuals with malicious intent also increases, which is why H.R. 1808 maintains specific requirements to engage key stakeholders, such as families, schools, child and youth-serving entities, and law enforcement in prevention activities. Specifically, the grantee uses education to help children and families understand the parameters needed to navigate and use the internet safely. Some of these educational initiatives include the NetSmartz Workshop and NetSmartz411, which help parents and other adults interacting with children to have conversations about safe online behavior. In addition to education, the grant program supports opportunities for the public and service providers to report potential online exploitation of children and youth through the CyberTipline. In 2016, the CyberTipline received more than 8.3 million reports of child sexual exploitation, including many cases that occur via the internet. As part of that important work, the Child Victim Identification Program has reviewed more than 200 million images and videos. By targeting the source and gathering critical information in these incidents, law enforcement has been able to identify over 12,600 child victims of exploitation, which helps lead to rescues of these children. Additionally, in recent years, an increasing number of children have become victims of sex trafficking and sextortion. In 2016, the grantee assisted with approximately 9,000 reports related to possible child sex trafficking--only a fraction of the actual count of sex trafficking victims nationwide. Specifically, 86 percent of the reported cases were in the care of social services or foster care when they went missing. To bring awareness to this issue, H.R. 1808 updates the findings of the MCAA to reflect the growing number of children in foster care falling victim to these crimes. Raising awareness about the growing number of children missing from state child welfare systems will ensure the law aligns with the work needed to prevent more children from becoming victims. H.R. 1808 also reinforces the crucial work of providing recovery assistance for these victims, including technical assistance and education for families, law enforcement agencies, state and local governments, non-governmental agencies, schools, and the general public on how to respond to, and curb, the growing number of victims being forced or lured into sex trafficking. For example, the grantee operates a Child Sex Trafficking Team, which performs the following activities: Reviewing CyberTipline reports related to child sex trafficking; Assisting with cases of missing children involved in, or at risk of, trafficking; and Providing technical assistance and education to help with the identification, location, and recovery of victims of child sex trafficking. H.R. 1808 ensures the continuation efforts to prevent youth from becoming victims and to help those who are victims. Supporting victims and families H.R. 1808 continues support for states, public and private nonprofits, schools, local governments, and individuals to help them serve victims and families as they work through the process of recovery. Specifically, these resources and assistance provide the following services: Immediate crisis intervention when a family needs help with a missing, exploited, or recovered child; Support for survivors of abduction and exploitation, including helping them to connect with other victims; Emotional support for endangered runaways, parents, guardians, and families; Referrals to appropriate agencies and mental health professionals; Reunification assistance and support for siblings of victims; and Assistance locating organizations to help sexually exploited youth. H.R. 1808 also requires the grantee share best practices as well as model programs, services, and legislation to help victims and their families find the assistance needed to aid in healing and recovery. Providing crucial technical support and forensic assistance H.R. 1808 clarifies requirements to provide technical support and assistance to entities and individuals working to recover missing, abducted, or exploited children. In order to prevent child victimization, H.R. 1808 maintains grant requirements to assist entities and individuals in locating and identifying abductors, offenders, and those at-risk of being victims. Additionally, the bill allows for the continuation of current work related to forensic information, including the Advanced Forensic Imaging Workshop, a 40-hour course designed to teach forensic artists advanced methods and techniques in clay sculpture for facial reconstructions. By supporting this work, H.R. 1808 ensures those involved in recovering missing children and preventing exploitation have the necessary tools for their important work. Emphasizing transparency In order to bolster transparency and raise awareness, H.R. 1808 extends the law's reporting requirements to include making reports publicly available as appropriate, including information regarding the number of children nationwide reported as missing; victims of non-family abductions; victims of family abductions; and victims whose recovery is reported to the grantee. Additionally, in order to combat potential abductions of children and youth, H.R. 1808 maintains the requirement that attempted child abductions be tracked in order to identify links and patterns and that such information be provided to law enforcement agencies as well as the general public, as appropriate. Conclusion Over the years, Congress has worked to ensure the Missing and Exploited Children program accurately reflects the work needed to prevent the exploitation of children and support the recovery of missing children, families, and communities. As President Ronald Reagan said when the program was established in 1984, ``No single sector of our nation can solve the problem of missing and exploited children alone. But by working together, pooling our resources, and building on our strengths, we can accomplish great things.'' Section-by-Section The following is a section-by-section analysis of the Amendment in the Nature of a Substitute offered by Rep. Guthrie and reported favorably by the Committee. Section 1. Short title Lists the short title of the Act as the ``Improving Support for Missing and Exploited Children Act of 2017.'' Section 2. Findings Updates the findings of the Act to include sex trafficking and sextortion as growing crimes committed against children. Section 3. Duties and functions of the Administrator Updates and clarifies the grant requirements to include providing technical assistance, professional development, and support to appropriate personnel and entities to do the following: Help prevent, properly address and handle, assist, and respond to cases relating to missing and abducted children, especially those missing from the state child welfare systems; Recover children through information gained from public records; Use direct on-site and forensic technical assistance and consultation to identify deceased children; Locate non-compliant sex offenders; Reduce the existence and distribution on the internet of images of sexually exploited children; Help provide education on safe practices for the use of technology, including cellular devices, internet usage, and preventing cyberbullying; and Help in other areas where needed and appropriate. Section 4. Reporting Moves existing reporting requirements to a new section of the law. The grantee, based solely on information derived from reports received by the grantee, reports on the number of children nationwide who are reported to the grantee as missing; victims of non-family abductions; victims of family abductions; and recovered nationwide. Includes the existing reporting requirement that the grantee track the incidence of attempted child abductions in order to identify links and patterns, and to provide that information to law enforcement agencies and the general public, as appropriate. Explanation of Amendments The amendments, including the amendment in the nature of a substitute, are explained in the body of this report. 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. H.R. 1808 updates the Missing Children's Assistance Act, which coordinates and supports state and local efforts to recover missing and exploited children. 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 issue is addressed in the CBO letter. Earmark Statement H.R. 1808 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 of House Rule XXI. Roll Call 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. No roll call votes were taken for H.R. 1808. Statement of General Performance Goals and Objectives In accordance with clause (3)(c) of House Rule XIII, the goal of H.R. 1808 support state and local efforts to recover missing and exploited children. Duplication of Federal Programs No provision of H.R. 1808 establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. Disclosure of Directed Rule Makings The committee estimates that enacting H.R. 1808 does not specifically direct the completion of any specific rule makings within the meaning of 5 U.S.C. 551. 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 CBO Cost Estimate With respect to the requirements of clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the committee has received the following estimate for H.R. 1808 from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, April 19, 2017. Hon. Virginia Foxx, Chairwoman, Committee on Education and the Workforce, House of Representatives, Washington, DC. Dear Madam Chairwoman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1808, the Improving Support for Missing and Exploited Children Act of 2017. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Mark Grabowicz. Sincerely, Mark P. Hadley (For Keith Hall, Director). Enclosure. H.R. 1808--Improving Support for Missing and Exploited Children Act of 2017 The National Center for Missing and Exploited Children (NCMEC) is a nonprofit organization funded mostly by the Department of Justice. H.R. 1808 would make several changes to the laws that govern the use of funds provided to NCMEC. Most of the changes would aim to streamline and reorganize how those funds are used and CBO estimates that implementing the bill would have no significant cost to the federal government. Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates that enacting H.R. 1808 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. H.R. 1808 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. The CBO staff contact for this estimate is Mark Grabowicz. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. Committee Cost Estimate Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison of the costs that would be incurred in carrying out H.R. 1808. However, clause 3(d)(2)(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): 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 (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): MISSING CHILDREN'S ASSISTANCE ACT * * * * * * * TITLE IV--MISSING CHILDREN * * * * * * * SEC. 402. FINDINGS. The Congress finds that-- [(1) each year thousands of children are abducted or removed from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger;] (1) each year tens of thousands of children run away, or are abducted or removed, from the control of a parent having legal custody without such parent's consent, under circumstances which immediately place the child in grave danger; (2) many missing children are at great risk of both physical harm and sexual exploitation; (3) many missing children are runaways; [(4) in many cases, parents and local law enforcement officials have neither the resources nor the expertise to mount expanded search efforts; [(5) abducted children are frequently moved from one locality to another, requiring the cooperation and coordination of local, State, and Federal law enforcement efforts;] [(6)] (4) growing numbers of children are the victims of child sexual exploitation, including child sex trafficking and sextortion, increasingly involving the use of new technology to access the Internet; [(7)] (5) children may be separated from their parents or legal guardians as a result of national disasters such as hurricanes and floods; [(8)] (6) sex offenders pose a threat to children; and [(9) the Office of Juvenile Justice and Delinquency Prevention administers programs under this Act through the Child Protection Division, including programs which prevent or address offenses committed against vulnerable children and which support missing children's organizations; and [(10) a key component of such programs is the National Center for Missing and Exploited Children, which-- [(A) serves as a national resource center and clearinghouse; [(B) works in partnership with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, the Bureau of Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, and many other agencies in the effort to find missing children and prevent child victimization; and [(C) operates a national 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 international organizations, including Scotland Yard in the United Kingdom, the Royal Canadian Mounted Police, INTERPOL headquarters in Lyon, France, and others, which enable the Center to transmit images and information regarding missing and exploited children to law enforcement across the United States and around the world instantly.] (7) a key component of such programs is the National Center for Missing and Exploited Children that-- (A) serves as a nonprofit, national resource center and clearinghouse to provide assistance to victims, families, child-serving professionals, and the general public; (B) works with the Department of Justice, the Federal Bureau of Investigation, the United States Marshals Service, the Department of the Treasury, the Department of State, the United States Immigration and Customs Enforcement, the United States Secret Service, the United States Postal Inspection Service, other agencies, and nongovernmental organizations in the effort to find missing children and to prevent child victimization; and (C) coordinates with each of the missing children clearinghouses operated by the 50 States, the District of Columbia, Puerto Rico, and international organizations to transmit images and information regarding missing and exploited children to law enforcement, nongovernmental organizations, and corporate partners across the United States and around the world instantly. 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] parent if-- (A) the circumstances surrounding such individual's disappearance indicate that such individual may possibly have been removed by another from the control of such individual's [legal custodian] parent without such [custodian's] parent's consent; (B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited; or (C) the individual is an individual under 21 years of age who is displaced from the habitual residence of that individual as a result of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))[.]; (2) the term ``Administrator'' means the Administrator of the Office of Juvenile Justice and Delinquency Prevention; [and] (3) the term ``Center'' means the National Center for Missing and Exploited Children[.]; and (4) the term ``parent'' includes a legal guardian or other individual standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or an individual who is legally responsible for the child's welfare). duties and functions of the administrator Sec. 404. (a) The Administrator shall-- (1) issue such rules as the Administrator considers necessary or appropriate to carry out this title; (2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); (3) provide for the furnishing of information derived from the national toll-free [telephone line] hotline, established under subsection (b)(1), to appropriate entities; (4) coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation; (5) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this title; and (6) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate-- (A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children; (B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children; (C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the victims of abduction; (D) describing how the Administrator satisfied the requirements of paragraph (4) in the preceding fiscal year; (E) describing in detail the number types of telephone calls received in the preceding fiscal year over the national toll-free [telephone line] hotline established under subsection [(b)(1)(A) and] (b)(1)(A), the number and types of communications referred to the national communications system established under section 331, and the number and types of reports to the tipline established under subsection (b)(1)(K)(i); (F) describing in detail the activities in the preceding fiscal year of the national resource center and clearinghouse established under subsection (b)(2); (G) describing all the programs for which assistance was provided under section 405 in the preceding fiscal year; (H) summarizing the results of all research completed in the preceding year for which assistance was provided at any time under this title; and (I)(i) identifying each clearinghouse with respect to which assistance is provided under section 405(a)(9) in the preceding fiscal year; (ii) describing the activities carried out by such clearinghouse in such fiscal year; (iii) specifying the types and amounts of assistance (other than assistance under section 405(a)(9)) received by such clearinghouse in such fiscal year; and (iv) specifying the number and types of missing children cases handled (and the number of such cases resolved) by such clearinghouse in such fiscal year and summarizing the circumstances of each such cases. (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] hotline by which individuals may report information regarding the location of any missing child, and request information pertaining to procedures necessary to reunite such child with such child's [legal custodian] parent; and (ii) coordinate the operation of such [telephone line] hotline 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, State and local educational agencies, and individuals, information regarding-- (i) free or low-cost legal, [restaurant] food, 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; and (iii) innovative and model programs, services, and legislation that benefit missing and exploited children; (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) based solely on reports received by the National Center for Missing and Exploited Children (NCMEC), and not involving any data collection by NCMEC other than the receipt of those reports, annually provide to the Department of Justice's Office of Juvenile Justice and Delinquency Prevention-- [(i) the number of children nationwide who are reported to NCMEC as missing; [(ii) the number of children nationwide who are reported to NCMEC as victims of non-family abductions; [(iii) the number of children nationwide who are reported to NCMEC as victims of parental kidnappings; and [(iv) the number of children recovered nationwide whose recovery was reported to NCMEC; [(G) provide, at the request of State and local governments, and public and private nonprofit agencies, guidance on how to facilitate the lawful use of school records and birth certificates to identify and locate missing children; [(H) 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; [(I) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and, in cooperation with the Department of State, internationally; [(J) provide analytical support and technical assistance to law enforcement agencies through searching public records databases in locating and recovering missing and exploited children and helping to locate and identify abductors; [(K) provide direct on-site technical assistance and consultation to law enforcement agencies in child abduction and exploitation cases; [(L) provide forensic technical assistance and consultation to law enforcement and other agencies in the identification of unidentified deceased children through facial reconstruction of skeletal remains and similar techniques; [(M) track the incidence of attempted child abductions in order to identify links and patterns, and provide such information to law enforcement agencies; [(N) provide training and assistance to law enforcement agencies in identifying and locating non-compliant sex offenders;] (E) provide technical assistance and training to families, law enforcement agencies, State and local governments, elements of the criminal justice system, nongovernmental agencies, local educational agencies, and the general public-- (i) in the prevention, investigation, prosecution, and treatment of cases involving missing and exploited children; (ii) to respond to foster children missing from the State child welfare system in coordination with child welfare agencies and courts handling juvenile justice and dependency matters; and (iii) in the identification, location, and recovery of victims of, and children at risk for, child sex trafficking; (F) provide assistance to families, law enforcement agencies, State and local governments, nongovernmental agencies, child- serving professionals, and other individuals involved in the location and recovery of missing and abducted children, both nationally, and in cooperation with the Department of State, internationally; (G) provide support and technical assistance to child-serving professionals involved in helping to recover missing and exploited children by searching public records databases to help in the identification, location, and recovery of such children, and help in the location and identification of potential abductors and offenders; (H) provide forensic and direct on-site technical assistance and consultation to families, law enforcement agencies, child- serving professionals, and nongovernmental organizations in child abduction and exploitation cases, including facial reconstruction of skeletal remains and similar techniques to assist in the identification of unidentified deceased children; (I) provide training, technical assistance, and information to nongovernmental organizations relating to non-compliant sex offenders and to law enforcement agencies in identifying and locating such individuals; [(O)] (J) facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their families during periods of national disasters; [(P) operate a cyber tipline to provide online users and electronic service providers an effective means of reporting Internet- related child sexual exploitation in the areas of-- [(i) possession, manufacture, and distribution of child pornography; [(ii) online enticement of children for sexual acts; [(iii) child sex trafficking, including child prostitution; [(iv) sex tourism involving children; [(v) extrafamilial child sexual molestation; [(vi) unsolicited obscene material sent to a child; [(vii) misleading domain names; and [(viii) misleading words or digital images on the Internet, and subsequently to transmit such reports, including relevant images and information, to the appropriate international, Federal, State or local law enforcement agency for investigation; [(Q) work with law enforcement, Internet service providers, electronic payment service providers, and others on methods to reduce the distribution on the Internet of images and videos of sexually exploited children; [(R) operate a child victim identification program in order to assist the efforts of law enforcement agencies in identifying victims of child pornography and other sexual crimes; [(S) develop and disseminate programs and information to the general public, schools, public officials, youth-serving organizations, and nonprofit organizations, directly or through grants or contracts with public agencies and public and private nonprofit organizations, on-- [(i) the prevention of child abduction and sexual exploitation; and [(ii) internet safety; [(T) provide technical assistance and training to State and local law enforcement agencies and statewide clearinghouses to coordinate with State and local educational agencies in identifying and recovering missing children;] (K) work with families, law enforcement agencies, electronic service providers, electronic payment service providers, technology companies, nongovernmental organizations, and others on methods to reduce the existence and distribution of online images and videos of sexually exploited children-- (i) by operating a tipline to provide to individuals and electronic service providers an effective means of reporting Internet-related and other instances of child sexual exploitation in the areas of-- (I) possession, manufacture, and distribution of child pornography; (II) online enticement of children for sexual acts; (III) child sex trafficking; (IV) sex tourism involving children; (V) extra familial child sexual molestation; (VI) unsolicited obscene material sent to a child; (VII) misleading domain names; and (VIII) misleading words or digital images on the Internet; and subsequently to make such reports available to the appropriate law enforcement agency for its review and potential investigation; (ii) by operating a child victim identification program to assist law enforcement agencies in identifying victims of child pornography and other sexual crimes to support the recovery of children from sexually exploitative situations; and (iii) by utilizing emerging technologies to provide additional outreach and educational materials to parents and families; (L) develop and disseminate programs and information to families, child-serving professionals, law enforcement agencies, State and local governments, nongovernmental organizations, schools, local educational agencies, child-serving organizations, and the general public on-- (i) the prevention of child abduction and sexual exploitation; (ii) Internet safety, including tips for social media and cyberbullying; and (iii) sexting and sextortion; and (M) provide technical assistance and training to local educational agencies, schools, State and local law enforcement agencies, individuals, and other nongovernmental organizations that assist with finding missing and abducted children in identifying and recovering such children. [(U)] (N) assist the efforts of law enforcement agencies in coordinating with child welfare agencies to respond to foster children missing from the State welfare system; and [(V)] (O) provide technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking. (2) Limitation.-- (A) In general.--Notwithstanding any other provision of law, no Federal funds may be used to pay the compensation of an individual employed by the Center if such compensation, as determined at the beginning of each grant year, exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government's Senior Executive Service (SES) for that year. The Center may compensate an employee at a higher rate provided the amount in excess of this limitation is paid with non- Federal funds. (B) Definition of compensation.--For the purpose of this paragraph, the term ``compensation''-- (i) includes salary, bonuses, periodic payments, severance pay, the value of a compensatory or paid leave benefit not excluded by clause (ii), and the fair market value of any employee perquisite or benefit not excluded by clause (ii); and (ii) excludes any Center expenditure for health, medical, or life insurance, or disability or retirement pay, including pensions benefits. (c) National Incidence Studies.--The Administrator, either by making grants to or entering into contracts with public agencies or nonprofit private agencies, shall-- (1) triennially 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 kidnappings, 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, in compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) to identify and locate missing children. (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 or nonprofit private organizations, or combinations thereof, for research, demonstration projects, or service programs designed-- (1) to educate parents, children, schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers, and community agencies and organizations in ways to prevent the abduction and sexual exploitation of children; (2) to provide information to assist in the locating and return of missing children; (3) to aid communities and schools in the collection of materials which would be useful to parents in assisting others in the identification of missing children; (4) to increase knowledge of and develop effective treatment pertaining to the psychological consequences, on both parents and children, of-- (A) the abduction of a child, both during the period of disappearance and after the child is recovered; and (B) the sexual exploitation of a missing child; (5) to collect detailed data from selected States or localities on the actual investigative practices utilized by law enforcement agencies in missing children's cases; (6) to address the particular needs of missing children by minimizing the negative impact of judicial and law enforcement procedures on children who are victims of abuse or sexual exploitation and by promoting the active participation of children and their families in cases involving abuse or sexual exploitation of children; (7) to address the needs of missing children [(as defined in section 403(1)(A))] and their families following the recovery of such children; (8) to reduce the likelihood that individuals under 18 years of age will be removed from the control of such individuals' [legal custodians] parents without such [custodians'] parents' consent; and (9) to establish or operate statewide clearinghouses to assist in locating and recovering missing children. (b) In considering grant applications under this title, the Administrator shall give priority to applicants who-- (1) have demonstrated or demonstrate ability in-- (A) locating missing children or locating and reuniting missing children with their [legal custodians] parents; (B) providing other services to missing children or their families; or (C) conducting research relating to missing children; and (2) with respect to subparagraphs (A) and (B) of paragraph (1), substantially utilize volunteer assistance. The Administrator shall give first priority to applicants qualifying under subparagraphs (A) and (B) of paragraph (1). (c) In order to receive assistance under this title for a fiscal year, applicants shall give assurance that they will expend, to the greatest extent practicable, for such fiscal year an amount of funds (without regard to any funds received under any Federal law) that is not less than the amount of funds they received in the preceding fiscal year from State, local, and private sources. * * * * * * * SEC. 407. REPORTING. (a) Required Reporting.--As a condition of receiving funds under section 404(b), the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually provide to the Administrator and make available to the general public, as appropriate-- (1) the number of children nationwide who are reported to the grantee as missing; (2) the number of children nationwide who are reported to the grantee as victims of non-family abductions; (3) the number of children nationwide who are reported to the grantee as victims of family abductions; and (4) the number of missing children recovered nationwide whose recovery was reported to the grantee. (b) Incidence of Attempted Child Abductions.--As a condition of receiving funds under section 404(b), the grant recipient shall-- (1) track the incidence of attempted child abductions in order to identify links and patterns; (2) provide such information to law enforcement agencies; and (3) make such information available to the general public, as appropriate. SEC. [407.] 408. OVERSIGHT AND ACCOUNTABILITY. All grants awarded by the Department of Justice that are authorized under this title shall be subject to the following: authorization of appropriations Sec. [408.] 409. (a) In General.--To carry out the provisions of this title, there are authorized to be appropriated $40,000,000 for each of the fiscal years 2014 through 2018, up to $32,200,000 of which shall be used to carry out section 404(b) for each such fiscal year. (b) Evaluation.--The Administrator may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evaluation of the effectiveness of the programs and activities established and operated under this title. * * * * * * *