II

Calendar No. 356

106TH CONGRESS

1ST SESSION H. R. 764

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1999

Received; read twice and referred to the Committee on the Judiciary

OCTOBER 28, 1999

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To reduce the incidence of child abuse and neglect, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Abuse Preven5 tion and Enforcement Act’’.

6 SEC. 2. GRANT PROGRAM.

7 Section 102(b) of the Crime Identification Tech8 nology Act of 1998 (42 U.S.C. 14601(b)) is amended by

9 striking ‘‘and’’ at the end of paragraph (15), by striking
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HR 764 RS

1 the period at the end of paragraph (16) and inserting ‘‘;

2 and’’, and by adding after paragraph (16) the following:

3 ‘‘(17) the capability of the criminal justice sys4 tem to deliver timely, accurate, and complete crimi5 nal history record information to child welfare agen6 cies, organizations, and programs that are engaged

7 in the assessment of risk and other activities related

8 to the protection of children, including protection

9 against child sexual abuse, and placement of chil10 dren in foster care.’’.

11 SEC. 3. USE OF FUNDS UNDER BYRNE GRANT PROGRAM

12 FOR CHILD PROTECTION.

13 Section 501(b) of title I of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is

15 amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (25);

18 (2) by striking the period at the end of para19 graph (26) and adding ‘‘; and’’; and

20 (3) by adding at the end the following:

21 ‘‘(27) enforcing child abuse and neglect laws,

22 including laws protecting against child sexual abuse,

23 and promoting programs designed to prevent child

24 abuse and neglect.’’.
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HR 764 RS

1 SEC. 4. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR

2 CHILD ABUSE VICTIMS UNDER THE VICTIMS

3 OF CRIME ACT OF 1984.

4 (a) IN GENERAL.—Section 1402(d)(2) of the Victims

5 of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is

6 amended—

7 (1) by striking ‘‘(2) the next $10,000,000’’ and

8 inserting ‘‘(2)(A) Except as provided in subpara9 graph (B), the next $10,000,000’’; and

10 (2) by adding at the end the following:

11 ‘‘(B)(i) For any fiscal year for which the

12 amount deposited in the Fund is greater than the

13 amount deposited in the Fund for fiscal year 1998,

14 the $10,000,000 referred to in subparagraph (A)

15 plus an amount equal to 50 percent of the increase

16 in the amount from fiscal year 1998 shall be avail17 able for grants under section 1404A.

18 ‘‘(ii) Amounts available under this subpara19 graph for any fiscal year shall not exceed

20 $20,000,000.’’.

21 (b) INTERACTION WITH ANY CAP.—Subsection (a)

22 shall be implemented so that any increase in funding pro23 vided thereby shall operate notwithstanding any dollar

24 limitation on the availability of the Crime Victims Fund

25 established under the Victims of Crime Act of 1984.
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HR 764 RS

1 TITLE I—THE CHILD ABUSE PRE2 VENTION AND ENFORCEMENT

3 ACT

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Child Abuse Prevention

6 and Enforcement Act’’.

7 SEC. 102. GRANT PROGRAM.

8 Section 102(b) of the Crime Identification Technology

9 Act of 1998 (42 U.S.C. 14601(b)) is amended by striking

10 ‘‘and’’ at the end of paragraph (15), by striking the period

11 at the end of paragraph (16) and inserting ‘‘; and’’, and

12 by adding after paragraph (16) the following:

13 ‘‘(17) the capability of the criminal justice sys14 tem to deliver timely, accurate, and complete crimi15 nal history record information to child welfare agen16 cies, organizations, and programs that are engaged in

17 the assessment of risk and other activities related to

18 the protection of children, including protection

19 against child sexual abuse, and placement of children

20 in foster care.’’.

21 SEC. 103. USE OF FUNDS UNDER BYRNE GRANT PROGRAM

22 FOR CHILD PROTECTION.

23 Section 501(b) of title I of the Omnibus Crime Control

24 and Safe Streets Act of 1968 (42 U.S.C. 3751) is

25 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (25);

3 (2) by striking the period at the end of para4 graph (26) and inserting a semicolon; and

5 (3) by adding at the end the following:

6 ‘‘(27) enforcing child abuse and neglect laws, in7 cluding laws protecting against child sexual abuse,

8 and promoting programs designed to prevent child

9 abuse and neglect; and

10 ‘‘(28) establishing or supporting cooperative pro11 grams between law enforcement and media organiza12 tions, to collect, record, retain, and disseminate infor13 mation useful in the identification and apprehension

14 of suspected criminal offenders.’’.

15 SEC. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR

16 CHILD ABUSE VICTIMS UNDER THE VICTIMS

17 OF CRIME ACT OF 1984.

18 (a) IN GENERAL.—Section 1402(d)(2) of the Victims

19 of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended—

20 (1) by striking ‘‘(2) the next $10,000,000’’ and

21 inserting ‘‘(2)(A) Except as provided in subpara22 graph (B), the next $10,000,000’’; and

23 (2) by adding at the end the following:

24 ‘‘(B)(i) For any fiscal year for which the amount

25 deposited in the Fund is greater than the amount de-
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1 posited in the Fund for fiscal year 1998, the

2 $10,000,000 referred to in subparagraph (A) plus an

3 amount equal to 50 percent of the increase in the

4 amount from fiscal year 1998 shall be available for

5 grants under section 1404A.

6 ‘‘(ii) Amounts available under this subparagraph

7 for any fiscal year shall not exceed $20,000,000.’’.

8 (b) INTERACTION WITH ANY CAP.—Subsection (a)

9 shall be implemented so that any increase in funding pro10 vided thereby shall operate notwithstanding any dollar lim11 itation on the availability of the Crime Victims Fund estab12 lished under the Victims of Crime Act of 1984.

13 TITLE II—JENNIFER’S LAW

14 SECTION 201. SHORT TITLE.

15 This title may be cited as ‘‘Jennifer’s Law’’.

16 SEC. 202. PROGRAM AUTHORIZED.

17 The Attorney General is authorized to provide grant

18 awards to States to enable States to improve the reporting

19 of unidentified and missing persons.

20 SEC. 203. ELIGIBILITY.

21 (a) APPLICATION.—To be eligible to receive a grant

22 award under this title, a State shall submit an application

23 at such time and in such form as the Attorney General may

24 reasonably require.
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1 (b) CONTENTS.—Each such application shall include

2 assurances that the State shall, to the greatest extent

3 possible—

4 (1) report to the National Crime Information

5 Center and when possible, to law enforcement authori6 ties throughout the State regarding every deceased un7 identified person, regardless of age, found in the

8 State’s jurisdiction;

9 (2) enter a complete profile of such unidentified

10 person in compliance with the guidelines established

11 by the Department of Justice for the National Crime

12 Information Center Missing and Unidentified Persons

13 File, including dental records, DNA records, x-rays,

14 and fingerprints, if available;

15 (3) enter the National Crime Information Center

16 number or other appropriate number assigned to the

17 unidentified person on the death certificate of each

18 such unidentified person; and

19 (4) retain all such records pertaining to uniden20 tified persons until a person is identified.

21 SEC. 204. USES OF FUNDS.

22 A State that receives a grant award under this title

23 may use such funds received to establish or expand pro24 grams developed to improve the reporting of unidentified
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1 persons in accordance with the assurances provided in the

2 application submitted pursuant to section 203(b).

3 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to carry out

5 this title $2,000,000 for each of fiscal years 2000, 2001, and

6 2002.
Calendar No. 356

106TH CONGRESS

1ST SESSION H. R. 764

AN ACT

To reduce the incidence of child abuse and neglect,

and for other purposes.

OCTOBER 28, 1999

Report with an amendment