Education Department sees doubling in campus sex crime stats over 5-year period

5-6-2015 Washington DC:

WASHINGTON (AP) — The number of sex offenses on college campuses reported to the Education Department nearly doubled over a five-year period.

In a letter to Sen. Barbara Boxer, D-Calif., released Tuesday by her office, department officials said they believe the increase is the result of federal enforcement efforts and growing public attention to the issues of campus sexual assault.

In 2009, there were 3,357 such sex offense cases reported to the department in annual crime statistics reports, compared to 6,073 cases in 2013, the letter said. Education and law enforcement officials say sex offenses are underreported crimes, and the true number of such cases is likely much higher.

The Obama administration has taken several steps to push colleges and universities to better tackle the problem of sexual assault, including releasing the names of colleges and universities facing Title IX investigations for their handling of such cases.

Laura Palumbo, prevention campaign specialist with the National Sexual Violence Resource Center, said the difference in the number of sex offense reports likely reflects that campuses are doing a better job following procedures and collecting and reporting such crimes. However, Palumbo said, campuses are still inconsistent in how they collect and report sexual offenses, and there have been complaints that they are underreporting the problem.

The letter was released by Boxer along with Sens. Kirsten Gillibrand of New York and Tim Kaine of Virginia. Boxer said the data makes clear why the department "must step up its efforts to address the epidemic of sexual assault on college campuses, and why Congress must ensure it has the resources it needs to protect students."

The letter was signed by Catherine Lhamon, the assistant secretary for civil rights at the Education Dpeartment, and James Runcie, the chief operating officer for Federal Student Aid. The two said department officials expect the average amount of time to resolve cases will decrease as the agency closes its older cases or Congress increases funding to handle the cases.

Among the other figures released in the letter:

— The department's Office of Civil Rights saw an increase in sexual violence complaints involving colleges and universities that went from 9 in 2009 to 102 in 2014.

— Cases that resulted in "substantive closures" took, on average, 1,469 days in the 2014 budget year — or about four years — for the department or resolve. by KIMBERLY HEFLING

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The 114th Congress begins today January 6, 2015

1-6-2015 Washington DC:

As you can see from the pic below, the Congressional websites are being updated to begin the 114th congress. The new House calendar is HERE The new Senate calendar is HERE

Given Republicans will be in control I expect to see more sex offender related bills cropping up. Folks might want to use this tool, CapitolWords, which I use, to find who is talking and pushing SO legislation. In addition, for state legislation, a pretty good tool is LegiScan, pick your state down on the left side below "National Legislative Search."

..
Note: Two very powerful research features: Search ... Browse.

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Tardy, Late, and Out of Date

1-4-2015 Washington DC:

From: The WashingtonWatch blog:

Friday, January 2nd was the very last day of the 113th Congress. The House was in session for a little under eight minutes. At the end of that eight minutes, the 113th Congress was adjourned sine die, which means “for good.” The 114th Congress will start soon.

When a Congress ends, all the bills that were introduced in it are dead. Deceased. No longer of this earth. They will not pass and become law.

But a few members of Congress introduced new bills on Friday anyway. Such bills have no chance of passing.

The reason for doing this is often to signal that the bill will be introduced in the new Congress. But that’s not necessarily what’s happening here.

Let’s take a look at the bills of the 113th Congress that are tardy, late, and out of date. They were introduced by members of Congress from the same state as President Lyndon Johnson.

H. Res. 784 would designate December 20 of each year as a national day of remembrance for victims of anti-police violence. That’s the anniversary of the killing last month of two New York City police officers. The bill was introduced by Rep. Steve Stockman (R-TX).

Stockman ran unsuccessfully for the Senate in the fall and lost his House seat, so he won’t be introducing this resolution in the next Congress.

H.R. 5893 is meant to “restore the First Amendment rights of photographers.” It’s another Steve Stockman bill, so it will have to find another sponsor if it’s ever going to protect photographers.

H.R. 5891 is the third Steve Stockman offering. It would have increased the standards of school lunch programs. (We don’t know how because the text isn’t available yet.)

H.R. 5892 is Stockman’s final offering. Its purpose is to “protect cryptocurrencies,” such as Bitcoin.

Another Texan introduced the remaining bills. Sheila Jackson Lee was reelected again in November, so these bills might get reintroduced in the new Congress.

H.R. 5890 would provide for a study “to ensure that enhanced communication is provided between commercial aircraft and air traffic control towers.” Sounds like a good idea.

H.R. 5889 would revise the Uniform Crime Reports and the National Incident-Based Reporting System, and it would direct the Director of the Federal Bureau of Investigation to include information in those reports pertaining to law enforcement-involved justifiable homicides. Think of this bill as a counterpart to Stockman’s bill, because it would look into situations when law enforcement officers use deadly force and have deadly effects.

These are the latest bills introduced in the late Congress. They won’t pass this time. That’s for sure. They’re tardy, late, and out of date.

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Is the 113th Congress really OVER?

1-4-2015 Washington DC:

Well we thought it was, but on Friday January 2, 2015 the U.S. House came back into session to allegedly finish UNFINISHED business, and nothing to do with sex offender legislation, thank heavens.

The moral of this story is, when dealing with Congress there is nothing you can count on, if they want to do something they will find a way, no matter what!

Unfinished Business? Really, see what else happened on 1-2-2015 in the US House pertaining to the 113th Congress:

Bills Introduced:

• H.R. 5889: To revise the Uniform Crime Reports, and the National Incident-Based Reporting System, to direct the Director of the Federal Bureau of Investigation to include information in those reports pertaining to law enforcement-involved justifiable homicides, and for other purposes.
• H.R. 5890: To conduct a study to ensure that enhanced communication is provided between commercial aircraft and air traffic control towers, and for other purposes.
• H.R. 5891: To increase the standards of school lunch programs.
• H.R. 5892: To protect cryptocurrencies.
• H.R. 5893: To restore the First Amendment Rights of Photographers.

Bill Text Made Available (Actually revising text already there):

• H.R. 1575: Kelsey Smith Act
• H.R. 328: Excess Federal Building and Property Disposal Act of 2013

And Finally:

• H.Res. 784: Designating December 20 of each year as a national day of remembrance for victims of anti-police violence.

Now if you look at the House 2014 and 2015 Calendars [click], the 1-2-2015 session is not listed on either. So why do lawmakers do things that can never become law? i.e., introduce and amend bills as they did on 1-2-2015.

To make them look good to their constituents? To shift negative opinions about a piece of legislation? To lay the groundwork for similar legislation in the next congress? Who knows, Washington DC is all about perceptions, blame shifting, etc., we have no idea why these bills were introduced, but will watch the next congress to see if something similar gets introduced.

By following what has been done, as we do, we learn there is no crystal ball into the future, congress will find a way to do what they want at the moment, no matter who says what. Proof above..

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RECAP of 113th Congress: Sex Offender Bills that became law and those that died when the 113th Congress ended

12-17-2014 Washington DC:

The following may come in handy for Advocates planning for next year. This blog will continue to monitor Congressional bills that affect folks in the community. Bills affecting "sex offenses" are not included, they are a world mostly connected to prosecution and sentencing.

These bills became law during the 113th Congress (Now over):

(HR 83) Consolidated and Further Continuing Appropriations Act, 2015 (Includes AWA Grants)
(HR 803) Workforce Innovation and Opportunity Act
(HR 933) Consolidated and Further Continuing Appropriations Act, 2013 (Includes AWA Grants)
(HR 3547) Consolidated Appropriations Act, 2014 (Includes AWA Grants)
(S 47) Violence Against Women Reauthorization Act of 2013
(S 1086) Child Care and Development Block Grant Act of 2014

The following bills died when the 113th Congress ended:

Congressional Website: Even though a bill did not become law as Introduced, it is always possible that some or all of its provisions may have been incorporated into another bill which did become law. In the EXAMPLE S-1911 below, S-1911 did not become law, BUT BUT, see the note on that bill "For further action, see H.R.803, which became Public Law 113-128 on 7/22/2014." In addition to "Notes" you need to read the line which says "Latest Action." Both KEY to know whats going on with a bill. So be mindful it may take some research on bills which did not become law -as introduced- to find out if their provision/s were included in another bill. The Congressional website is pretty good mentioning notes and latest actions.:

EXAMPLE
S.1911 — 113th Congress (2013-2014)
Supporting Knowledge and Investing in Lifelong Skills Act
Sponsor: Sen. Scott, Tim [R-SC] (Introduced 01/09/2014)
Committees: Senate - Health, Education, Labor, and Pensions
Latest Action: 01/09/2014 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Note: For further action, see H.R.803, which became Public Law 113-128 on 7/22/2014.
Tracker: ___ ___ ___

Now onto the list of bills which did not become law:

(HR 5) Student Success Act
(HR 11) Violence Against Women Reauthorization Act of 2013
(HR 15) Border Security, Economic Opportunity, and Immigration Modernization Act
(HR 629) Violence Against Immigrant Women Act of 2013
(HR 757) SAVE Native Women Act
(HR 898) Trafficking Victims Protection Reauthorization Act of 2013
(HR 1525) Save America Comprehensive Immigration Act of 2013
(HR 1669) Public Housing Disaster Preparedness Act of 2013
(HR 1843) Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2013
(HR 1860) Criminal Code Modernization and Simplification Act of 2013
(HR 1981) Stop Child Abuse in Residential Programs for Teens Act of 2013
(HR 2083) Protecting Students from Sexual and Violent Predators Act
(HR 2278) SAFE Act
(HR 1786) Financial Services and General Government Appropriations Act, 2014
(HR 2786) Financial Services and General Government Appropriations Act, 2014
(HR 2787) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014
(HR 2848) Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014
(HR 3461) Strong Start for America's Children Act of 2013
(HR 3530) Justice for Victims of Trafficking Act of 2014
(HR 3610) Stop Exploitation Through Trafficking Act of 2014
(HR 3902) Child Protection Improvements Act of 2013
(HR 3923) To amend the Adam Walsh Child Protection and Safety Act of 2006 to expand the authority of governmental social service agencies with child protection responsibilities to access the national crime...
(HR 4058) Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act
(HR 4573) International Megan's Law to Prevent Demand for Child Sex Trafficking
(HR 4595) School Bus Safety Act
(HR 4660) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015
(HR 5016) Financial Services and General Government Appropriations Act, 2015
(HR 5114) HUMANE Act
(HR 5158) REDEEM Act
(HR 5230) Making supplemental appropriations for the fiscal year ending September 30, 2014, and for other purposes.
(HR 5352) Pathways Out of Poverty Act of 2014
(HR 5623) National Parents Corps Act of 2014

(S 624) Child Care Protection Act of 2013
(S 744) Border Security, Economic Opportunity, and Immigration Modernization Act
(S 987) Free Flow of Information Act of 2013
(S 1329) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014
(S 1362) Child Protection Improvements and Electronic Life and Safety Security Systems Act of 2013
(S 1371) Financial Services and General Government Appropriations Act, 2014
(S 1410) Smarter Sentencing Act of 2014
(S 1596) Protecting Students from Sexual and Violent Predators Act
(S 1675) Recidivism Reduction and Public Safety Act of 2014
(S 1697) Strong Start for America's Children Act
(S 1733) Stop Exploitation Through Trafficking Act of 2013
(S 1738) Justice for Victims of Trafficking Act of 2013
(S 1790) REPEAL HIV Discrimination Act of 2013
(S 1911) Supporting Knowledge and Investing in Lifelong Skills Act
(S 2038) Solutions to Long-Term Unemployment Act
(S 2054) Stop Child Abuse in Residential Programs for Teens Act of 2014
(S 2437) Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015
(S 2452) Strong Start for America's Children Act
(S 2567) REDEEM Act
(S 2611) HUMANE Act
(S 2666) Protect Children and Families Through the Rule of Law Act
(S 2743) Protecting Children and America's Homeland Act of 2014
(S 2772) A bill making supplemental appropriations for the fiscal year ending September 30, 2014, and for other purposes.
(S 2773) Protecting Children and America's Homeland Act of 2014
(S 2781) Student Visa Integrity Act

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US Congress OKs 'unprecedented' codification of warrantless surveillance

Note comment: "Rep. Zoe Lofgren, a California Democrat who voted against the bill, told the National Journal that the Senate's unanimous passage of the bill was sneaky and ensured that the House would rubberstamp it without looking too closely:"

12-17-2014 Washington DC:

Congress last week quietly passed a bill to reauthorize funding for intelligence agencies, over objections that it gives the government "virtually unlimited access to the communications of every American", without warrant, and allows for indefinite storage of some intercepted material, including anything that's "enciphered".

That's how it was summed up by Rep. Justin Amash, a Republican from Michigan, who pitched and lost a last-minute battle to kill the bill. The bill is titled the Intelligence Authorization Act for Fiscal Year 2015.

Amash said that the bill was "rushed to the floor" of the house for a vote, following the Senate having passed a version with a new section - Section 309 - that the House had never considered.

It was presented to the House with little debate and only a voice vote expected: what Amash described as a process in which it would simply be declared to have been passed, with "almost nobody in the room."

After asking his legislative staff to quickly review the bill "for unusual language", they found what Amash called a "troubling new provision" that for the first time "statutorily authorizes spying on U.S. citizens without legal process."

Amash hurried out a letter to his House colleagues to give them a heads-up about the bill's having been reworked without their consideration.

In that letter, which Amash posted to Facebook, he pointed to the new Section 309, which authorizes the acquisition, retention, and dissemination of private communications, including those to and from US persons, without a court order. ..Continued.. by Lisa Vaas

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UPDATE on 113th Congress

12-17-2014 Washington DC:

The 113th Congress is now over and any bills pending are dead for now.

In the next Congress, 114th, Lawmakers would have to introduce bills again if they sill want them to be considered.

Check back for any updates...if any and there is.

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UPDATE: International Megans Law HR-4573

UPDATE: Given that the 113th Congress has ended, this bill is now dead..

12-17-2014 Washington DC:

Here is exactly what has happened with IML bill (HR-4573):

On 5-20-2014 the U.S. House passed the bill and the bill sat there until 12-11-2014 when it was sent to the U.S. Senate for their consideration.

On 12-11-2014 in the Senate the bill was "Read twice and referred to their Committee on Foreign Relations." Also on 12-11-2014 the bill was "Reported by Mr. MENENDEZ, without amendment" and sent to the Senate floor for their vote. Calendar No. 645.

You can see all these actions by viewing the text of the bill in the Congressional website, link above.

Now, there are rumors floating around about this bill, one is that it is based on Tiers, that is not true. I cannot find a single word eluding to that in the bill. Another rumor is, that it will apply to all registrants for the rest of their lives. As to that, the bill seems to only apply to folks convicted of a sex offense against a minor; and there is a sunset provision on that as well. see

(3) Sunset
The authority of paragraph (1) shall terminate with respect to a child-sex offender beginning as of the close of the last day of the registration period of such child-sex offender under section 115 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915).

For Rumors Read the Bill: Now it is impossible for me to address every thought (rumor/fact) that is out there, so I suggest this, the links to the bill are above, if you can find something in the bill to support a thought/rumor then MAYBE it would come true IF IF IF the bill passes the Senate.

21 day rules: As to whether this will create new 21 day rules for registrants? Guess what, they are already in effect, the SMART Office tucked them into a past enactment: see General Restrictions: Traveling to Foreign Countries (i.e., International Megans Law): (scroll down to get to that explanation when you get there). Now to make matters worse, at least one state (Michigan) law conflicts with the rules. see HERE it is a long read but shows the MANY MANY problems with these rules.

Ahh, but it seems the rules are not being applied, except in rare circumstances. see "International Travel Issue" links right hand column. There are all sorts of problems with enforcement of these rules, and, this bill will NOT NOT clear them up either. These rules create hundreds if not thousands of questions, and I doubt any legislation can be enacted to clear them up.

The Question: Right now the question is, will the Senate take action on Calendar item 645 (IML HR-4573)? I have no idea, and there is good advise to let sleeping dogs alone lest they bite you, but while true, this bill is not a sleeping dog given the 12-11-2014 actions. Is it?

This bill is bad and if not passed it will be back, Smith doesn't give up, he first introduced a version of this bill in the 111th Congress then again in the 112th Congress now here in the 113th Congress.

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HR 4573 - International Megan's Law to Prevent Demand for Child Sex Trafficking

12-12-2014 Washington DC:

12/11/2014 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 645.

Time for folks to be contacting Senators to get this bill killed...

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HEARING ON CAMPUS SEX ASSAULTS

12-10-2014 Washington DC:

Few victims go to police, senators told

Senators on Tuesday grappled with the thorny issue of why so few campus sexual assault victims go to police.

Some victims have said they prefer to work within their university system to seek disciplinary action against the perpetrator, such as expulsion, without the stress of pressing criminal charges.

But there have been complaints that universities have encouraged victims not to seek criminal action because they want to protect the university’s reputation or that schools aren’t prepared to adequately adjudicate such cases.

“I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault,” said Sen. Sheldon Whitehouse, D-R.I., the subcommittee chairman, at a hearing on the issue. “I’m concerned that the specter of flawed law enforcement overshadows the harm of marginalized law enforcement.”

The hearing, focused on the relationship between police departments and campuses, comes after a high-profile Rolling Stone article that described a gang rape alleged to have occurred in a fraternity house at the University of Virginia. The magazine later acknowledged mistakes in its reporting.

In many cases, victims aren’t told they can pursue a criminal case, testified Peg Langhammer, executive director of the Day One organization in Providence, R.I.

Whitehouse said victims are victimized again if they are steered away from law enforcement based on uninformed choices. Whitehouse, a former U.S. attorney and attorney general in his home state, said evidence shows that most men who commit these crimes are serial offenders — and a threat to public safety. He said students have a right to know that delays opening an investigation and collecting evidence can make the case difficult to prove later.

On campuses, there’s often no clearly identified place for a victim to seek help, testified Angela Fleischer, assistant director of student support and intervention for confidential advising at Southern Oregon University, which links law enforcement and campus administrators in cases of sexual assault.

While some victims do immediately call the police or go directly to a hospital for an exam, others seek out a friend, family member or trusted person on campus and it’s not immediate that they process what happened, Fleischer said after the hearing.

“Sometimes victims and survivors aren’t calling what happened to them rape,” Fleischer said. “They know something bad happened, something they were displeased with, but they aren’t always thinking a crime of rape was committed against me.”

She stressed the importance of close coordination between the campus and local police and said reporting of campus sexual assaults has increased since the school began working with law enforcement to make it a “viable, victim-centered option.” ..Source.. by KIMBERLY HEFLING

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Local rep to testify before U.S. Senate panel Tuesday

12-7-2014 Oregon, Washington DC:

Southern Oregon University will have a voice on Capitol Hill on Tuesday to speak with lawmakers about how law enforcement can best handle cases of sexual assault occurring on university campuses across the country.

The university and Ashland police's collaborative and unique approach to pursuing on-campus sexual misconduct investigations has helped shed more light on the frequency of crimes like sexual assault and led to the convictions of more perpetrators.

The U.S. Senate Judiciary Subcommittee on Crime and Terrorism will hear about why other universities and local law enforcement departments around the country should follow the lead of SOU and Ashland police when it comes to taking on reports of sexual assault.

"Nationally there are not many places where a campus administration and law enforcement entity collaborate on the level that we do here," said Angela Fleischer, 33, SOU’s Assistant Director of Student Support and Intervention for Confidential Advising -- a victims' advocate for the university.

Fleischer will be SOU's voice when she testifies before the Senate subcommittee in the Dirksen Senate Office Building in Washington, D.C.

Fleischer, who helped the Ashland Police Department develop its highly regarded sexual assault reporting program called "You Have Options" in 2013, developed a similar program more recently at SOU called "Campus Choice."

Both programs have a similar approach to how and whether law enforcement or university officials gather evidence during an investigation into a sexual assault and both allow the victim to dictate the pace of the investigation. ..Continued.. by Sam Wheeler

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Renew the Older Americans Act now!

12-4-2014 Washington DC:

From AARP:

For nearly 50 years, the Older Americans Act (OAA) has been providing critical services to millions of seniors – from making sure they have healthy meals to helping caregivers get the support they need. The Act supports programs that families rely on every day.

Right now, the Senate HELP Committee should be renewing this bill once again. But instead, some members of Congress are holding up a vote while they argue over budget process. Your senators can push the HELP committee to act. Tell them to support S-1562 the Older Americans Act now!

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There's no free lunch - or breakfast or dinner - for Obama on Thanksgiving or any other day

11-27-2014 Washington DC:

There's no free lunch — or breakfast or dinner — for President Barack Obama on Thanksgiving Day. Or any other day for that matter.

He has to dig into his pocket to pay for his holiday feast of turkey, ham, two kinds of stuffing, sweet and regular potatoes, and six different kinds of pie. It's a longstanding practice that a president pays for meals for himself, his family and personal guests.

Obama also pays for other basics — everything from toothpaste to dry cleaning.

WHY IS THAT?

Gary Walters, who was chief White House usher for many years, said the payment rule dates back to 1800 when the White House was first occupied by President John Adams and there was no staff. Presidents brought staff with them and paid for everything.

Congress gradually began spending money to maintain an official White House staff to oversee operations and maintenance, but presidents continued to pay for personal expenses.

What it boils down to, Walters said, is that the White House is first and foremost the president's home.

"All those things that are personal in nature that we all pay for, the first family pays for," he said.

WHAT IS EXLUDED?

White House chefs who prepare the president's meals are paid by the government.

For the budget year that ended Sept. 30, Congress gave the White House $19,000 to pay for official receptions and $12.7 million to cover operating expenses for the residence, which may include entertainment. The cost of meals for some White House events, including state dinners and receptions, is picked up by the State Department or political parties. ..Continued and Interesting.. by DARLENE SUPERVILLE

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Research Universities Will Conduct Sex Assault Survey

11-17-2014 Washington DC:

The association representing the nation’s leading research universities said Friday that it planned to develop and administer a sexual assault climate survey for its members, in part to fend off efforts in Congress to mandate such surveys. The Association of American Universities said that it had hired a research firm to design a survey that its 60 U.S. member institutions may choose to have conducted on their campuses next April. The group plans to then publicly report the “cumulative results” from those surveys.

AAU President Hunter Rawlings said in a statement that the surveys were aimed both at helping inform university decision-making on campus sexual assault issues and also at preempting a efforts by the federal government to force colleges to conduct the surveys. “[W]e have been deeply concerned about the possibility of Congress or the administration mandating that campuses conduct a government-developed survey,” he said. “Such an initiative would likely be a one-size-fits-all survey that would provide potentially misleading data, given the extraordinary diversity of higher education in our country, and would not reliably assess the campus culture on this issue.”

A bipartisan group of U.S. Senators, led by Senators Claire McCaskill and Kirsten Gillibrand, have proposed requiring all colleges to conduct such surveys and post the results publicly for prospective students and families to see.

Victims advocacy groups have pushed for campus climate surveys, which they say more precisely gauge the prevalence of sexual violence, which often goes unreported. ..Source.. by Inside Higher Ed

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New York legislators ask Congress to stop Social Security payments to former Nazis

10-26-2014 Washington DC:

NEW YORK — U.S. elected officials are calling on Congress to stop Social Security payments to former Nazis.

Rep. Carolyn Maloney told a news conference Sunday that Congress must close a loophole that allows tax funds to go toward those involved in the persecution of Jews.

Maloney and Rep. Leonard Lance have introduced a bill that would terminate the benefits.

A report by The Associated Press revealed that millions of dollars are being paid to suspected Nazi war criminals after they were expelled from the United States.

Maloney and Lance say a federal judge should decide whether a person had participated in Nazi activities.

The bill is to be introduced in Congress next month.

Maloney says taxpayers should not subsidize those guilty of the some of the worst atrocities in human history. ..Source.. by The Republic

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H.R. 4980: Preventing Sex Trafficking and Strengthening Families Act

9-20-2014 Washington DC:

Last Action: Passed Senate without amendment by Unanimous Consent. Explanation: This bill was passed by Congress on September 18, 2014 and goes to the President next.

This is a very complex bill best explained by reading this:

- Title I: Protecting Children and Youth At Risk of Sex Trafficking - Subtitle A: Identifying and Protecting Children and Youth at Risk of Sex Trafficking - (Sec. 101) Amends part E (Foster Care and Adoption Assistance) of title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures for identifying, documenting in agency records, and determining appropriate services with respect to, any child or youth over whom the state agency has responsibility for placement, care, or supervision who the state has reasonable cause to believe is, or is at risk of being, a victim of sex trafficking or a severe form of trafficking in persons.

Authorizes a state, at its option, to identify and document any individual under age 26 without regard to whether the individual is or was in foster care under state responsibility.

(Sec. 102) Adds as a state plan requirement the reporting to law enforcement authorities of instances of sex trafficking.

(Sec. 103) Includes sex trafficking data in the adoption and foster care analysis and reporting system (AFCARS).

(Sec. 104) Adds also as a state plan requirement the locating of and responding to children who have run away from foster care.

Directs the state agency to report immediately information on missing or abducted children or youth to law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI) and to the National Center for Missing and Exploited Children.

(Sec. 105) Directs the Secretary of Health and Human Services (HHS) to report to Congress on information about: (1) children who run away from foster care and their risk of becoming sex trafficking victims, (2) state efforts to provide specialized services, foster family homes, child care institutions, or other forms of placement for children who are sex trafficking victims; and (3) state efforts to ensure children in foster care form and maintain long-lasting connections to caring adults, even when a child in foster care must move to another foster family home or when the child is placed under the supervision of a new caseworker.
Subtitle B: Improving Opportunities for Children in Foster Care and Supporting Permanency - (Sec. 111) Requires the designated state authority or authorities to: (1) develop a reasonable and prudent parent standard for the child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities; and (2) apply this standard to any foster family home or child care institution receiving funds under title IV part E.

Directs the Secretary to provide assistance to states on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities.

Requires that standards for child care institutions require, as a condition of any contract between an institution and the state agency, the presence on-site of at least one official designated as caregiver for a particular child who is authorized and trained to apply the reasonable and prudent parent standard to decisions involving the child's participation in age- or developmentally-appropriate activities.

Requires that such standards also include policies related to the liability of foster parents and private entities under state contract involving application of the reasonable and prudent parent standard to a child's participation in these activities.

Makes it a purpose of the John H. Chafee Foster Care Independence Program to ensure that children who are likely to remain in foster care until age 18 have regular, ongoing opportunities to engage in age or developmentally-appropriate activities. Authorizes increased appropriations for the program beginning in FY2020.

(Sec. 112) Limits to children age 16 or older the option, in an initial permanency hearing, of being placed in a planned permanent living arrangement other than a return to home, referral for termination of parental rights, or placement for adoption, with a fit and willing relative (including an adult sibling), or with a legal guardian. Prescribes documentation and determination requirements for such an option.

Prescribes requirements for approval of the case plan and the case system review procedure for any child for whom another planned permanent living arrangement is the permanency plan determined for the child. Specifies as requirements at each permanency hearing: (1) documentation of intensive, ongoing, unsuccessful efforts for family placement; (2) redetermination of the appropriateness of the child's permanent placement or, if more appropriate, another planned permanent living arrangement; and (3) demonstration of state agency support for the child's engaging in age or developmentally-appropriate activities and social events.

(Sec. 113) Gives children age 14 and older authority to participate in: (1) the development of their own case plans, in consultation with up to two members of the case planning team; as well as (2) transitional planning for a successful adulthood. Specifies additional requirements for a case plan, including specification of a child's rights with respect to education, health, visitation, and court participation, the right to be provided with certain documents (indicated in Sec. 114), and the right to stay safe and avoid exploitation.

(Sec. 114) Requires the case review system to assure that foster children leaving foster care because of having attained age 18 (or a greater age the state has elected), unless in foster care less than six months, are not discharged without being provided with a copy of their birth certificate, Social Security card, health insurance information, copy of medical records, and a driver's license or equivalent state-issued identification card.

(Sec. 115) Requires the Secretary to include in the annual report to Congress on state performance on child protection and child welfare program outcome measures any state-by-state data on children in foster care who have been placed in a child care institution or another setting that is not a foster family home, as well as state-by-state data on children in foster care who are pregnant or parenting.

Subtitle C: National Advisory Committee - (Sec. 121) Amends SSA title XI to establish the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States to advise the Secretary and the Attorney General on practical and general policies concerning improvements to the nation's response to the sex trafficking of children and youth in the United States.

Title II: Improving Adoption Incentives and Extending Family Connection Grants - Subtitle A: Improving Adoption Incentive Payments - (Sec. 201) Amends SSA title IV part E to extend through FY2016 the adoption incentive program.

Revises state eligibility requirements to repeal the requirement based on the number of foster child adoptions during the fiscal year.

Revises the formula for determining the amount of an incentive award to a state, increasing the basic dollar amounts.

Repeals the formula for an increased incentive payment to a state for exceeding its highest ever foster child adoption rate. Replaces it with requirements for an increased incentive payment during FY2013-FY2015 for each timely adoption state determined by the average number of 24 months or fewer between removal of children from their foster care homes to their placement in finalized adoptions.

Prescribes base rates for:

foster child adoptions,
pre-adolescent child adoptions and pre-adolescent foster child guardianships,
older child adoptions and older foster child guardianships, and
foster child guardianships.

(Sec. 203) Renames the adoption incentive program as the adoption and legal guardianship incentive payments program.

(Sec. 204) Requires a state to use its incentive payment to supplement, but not supplant, any federal or non-federal funds used to provide specified child and family services (including post-adoption services) or foster care and adoption assistance.

(Sec. 205) Increases from 24 to 36 months the period for which incentive payments are available for expenditure.

(Sec. 206) Requires states to report annually to the Secretary on the calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance. Requires a state to spend at least 30% of specified savings on post-adoption services, post guardianship services, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsibility of the state, with at least 66% of the spending to comply with such 30% requirement.

(Sec. 207) Preserves the eligibility of a child for kinship guardianship assistance payments when a guardian is replaced with a successor guardian.

(Sec. 208) Directs the Secretary to promulgate regulations providing for the collection and analysis of information regarding children who enter into foster care under the supervision of a state after prior finalization of an adoption or legal guardianship.

(Sec. 209) Requires notification of parents of a sibling, where the parent has legal custody of the sibling, when a child is removed from parental custody.

Subtitle B: Extending the Family Connection Grant Program - (Sec. 221) Extends the family connection grant program through FY2014.

Makes universities eligible for matching grants under the program.

Requires a kinship navigator to promote partnerships between public and private agencies to increase their knowledge of the needs of other individuals willing and able to be foster parents for children in foster care under state responsibility who are themselves parents in order to promote better services for those families.

Repeals the mandatory reservation of $5 million per fiscal year for grants to implement kinship navigator programs.

Title III: Improving International Child Support Recovery - (Sec. 301) Amends SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary to use the authorities otherwise provided by law to ensure U.S. compliance with any multilateral child support convention to which the United States is a party.

Grants the entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country access to the Federal Parent Locator Service (FPLS).

Grants states the option to require individuals in a foreign country to apply through their country's appropriate Central Authority for child support enforcement services in a foreign reciprocating or foreign treaty country.

Allows the collection of past due support from federal tax refunds for state services for establishment of paternity and child support enforcement requested by a foreign reciprocating country or a foreign country with which the state has an arrangement.

Revises state law requirements involving the use of the Uniform Interstate Family Support Act.

(Sec. 302) Grants Indian tribes access to FPLS.

Treats an Indian tribe or tribal organization operating a child support enforcement program to be a state with authority to conduct specified kinds of experimental, pilot, or demonstration projects to assist in promoting child support objectives. Allows waiver of certain requirements in order to carry out such projects.

(Sec. 303) Expresses the sense of the Congress that: (1) establishing parenting time arrangements when obtaining child support orders is an important goal which should be accompanied by strong family violence safeguards, and (2) states should use existing funding sources to support the establishment of parenting time arrangements.

(Sec. 304) Prescribes requirements for data exchange standards for improved interoperability.

(Sec. 305) Directs the Secretary, in conjunction with the strategic plan, to review and provide recommendations for cost-effective improvements to the child support enforcement program, and ensure that the plan addresses the effectiveness and performance of the program, analyzes program practices, identifies possible new collection tools and approaches, and identifies strategies for holding parents accountable.

Directs the Secretary to report to Congress on policy options for improvements in child support enforcement.

(Sec. 306) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to give the employer the option of using electronic transmission methods prescribed by the Secretary for income withholding in the collection and disbursement of child support payments.

Title IV: Budgetary Effects - (Sec. 401) Requires that the budgetary effects of this Act, for purposes of complying with the Statutory Pay-As-You-Go Act of 2010, be determined by appropriate reference to "Budgetary Effects of PAYGO Legislation."

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H.R. 4323: Debbie Smith Reauthorization Act of 2014

9-20-2014 Washington DC:

Last Action: HR 4323 Passed Senate without amendment by Unanimous Consent. Explanation: This bill was passed by Congress on September 18, 2014 and goes to the President next.

What this bill does is to amend (extend) the dates of the DNA Sexual Assault Justice Act of 2004 (42 U.S.C. 14136a(c)) is amended by striking `2009 through 2014' and inserting `2015 through 2019'.

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S-1086 - Child Care and Development Block Grant Act of 2014

9-16-2014 Washington DC:

This bill (S-1086) has been added to the House’s schedule for the coming week, according to the House Majority Leader. See the week ahead.

Last Action: This bill passed in the Senate and the House, but the House made changes and sent it back to the Senate on September 15, 2014.

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3/13/2014 8:15pm:
Held at the desk.
9/15/2014 4:38pm:
Mr. Kline moved to suspend the rules and pass the bill, as amended.
9/15/2014 4:38pm:
Considered under suspension of the rules.
9/15/2014 4:38pm:
DEBATE - The House proceeded with forty minutes of debate on S. 1086.
9/15/2014 5:00pm:
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
9/15/2014 5:00pm:
Motion to reconsider laid on the table Agreed to without objection.

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Keeping children safe: Federal measure merits support

See also: EEOC amps up attack on background checks

9-14-2014 Washington DC:

A group of lawmakers led by U.S. Sen. Joe Manchin, D-W.Va., and U.S. Sen. Pat Toomey, R-Pa., are correctly calling on the U.S. Senate to pass a common-sense bill ( S-1596 ) that would keep sexual predators out of schools. The proposed legislation would seek added security checks on teachers, coaches and bus drivers to protect students from potential harm.

The measure, co-sponsored by Manchin and Toomey, would specifically require states that receive federal education funding to conduct periodic background checks. It also would bar schools from hiring employees or contractors convicted of certain offenses, such as any violent or sexual crime against a child or drug and assault-related crimes committed within five years.

A similar measure ( H-2083 ) passed the Republican-controlled U.S. House of Representatives by a unanimous vote last year. But the bill introduced in the Democratic-controlled U.S. Senate remains stalled in committee. Why?

We see nothing sinister or political about this common-sense measure. All efforts should be made on both the state and federal level to ensure that our children are safe in school. And this includes keeping sexual predators, and those individuals previously convicted of violent crimes against children, out of the classroom. The last thing we need is a sex offender or someone with a violent criminal history teaching or coaching our children.

Since Jan. 1, more than 325 teachers and school employees have been arrested across the country for cases of sexual misconduct involving children. We, too, have seen similar headlines in recent years right here in Mercer County.

The legislation was prompted by the case of 12-year-old Jeremy Bell, who was raped and murdered in West Virginia in 1997, according to the Associated Press. Edgar Friedrichs Jr. is now serving a life sentence in connection with the boy’s death. Toomey said Friedrichs had been dismissed by a school in Delaware County, Pa., on suspicion of sexual misconduct. That school then helped Friedrichs land a new teaching job in West Virginia.

Toomey and Manchin correctly argue that the U.S. Senate needs to act now to ensure that children are safe in their own schools. An array of law enforcement and child advocacy groups are backing the Toomey-Manchin measure.

However, some educators say the proposed law violates their privacy. We would disagree with this argument. Most people seeking employment in this day and age — regardless of occupation — are required to undergo a stringent criminal background check, as well as a drug test. We would expect nothing less from those educators who are charged with the safety and well being of our children.

But Democrats aren’t the only lawmakers guilty of holding up this important measure in the U.S. Senate. Some Republicans are claiming that the bill amounts to nothing more than another federal mandate. We disagree with that argument as well. In fact, we would suggest that lawmakers — on both the federal and state level — should be doing everything in their power to protect our children. And this includes doing their job by passing legislation on the federal level that keeps sexual predators out of our schools.

The Toomey-Manchin measure should be passed, and promptly, by the U.S. Senate. ..Source.. by Telegraph

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New Bill In Congress Would Ban Private Citizens From Owning Body Armor

8-22-2014 Washington DC:

A new law that has been introduced in the U.S. House of Representatives "would prohibit the sale, transfer or possession of military-level body armor by civilians". In other words, private citizens all over the entire nation would be permanently banned from owning body armor if this bill gets passed and signed into law.

The bill that I am talking about is H.R. 5344 (The Responsible Body Armor Possession Act), and you can view the proposed legislation for yourself right here. The driving force behind this new law is Democrat Mike Honda from California.

To Honda, it doesn't matter that large numbers of very responsible Americans have purchased body armor to protect themselves and their families in a society that is rapidly decaying. Instead, it makes perfect sense to Honda to ban body armor because "access to military-grade body armor emboldens criminals and mass shooters to act." And Honda wants to make possession of body armor a criminal offense with a penalty of up to 10 years in prison.

This is absolutely crazy, and it is yet another example of the "police state mentality" that is so prevalent among our politicians these days. When I first learned about this new law, I could hardly believe it. But it is actually true. The following is an excerpt from a news story about the introduction of this new bill... ...Continued.. by Michael Snyder

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