II

Calendar No. 354

106TH CONGRESS

1ST SESSION S. 1750

To reduce the incidence of child abuse and neglect, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 19, 1999

Mr. DEWINE (for himself, Mr. LEAHY, Mr. KOHL, Mr. TORRICELLI, Mr.

VOINOVICH, and Mr. ABRAHAM) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

OCTOBER 28, 1999

Reported by Mr. HATCH, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

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’’.
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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. 2. 102. GRANT PROGRAM.

8 Section 102(b) of the Crime Identification Tech9 nology Act of 1998 (42 U.S.C. 14601(b)) is amended by

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

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

12 and’’, and 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

17 in the assessment of risk and other activities related

18 to the protection of children, including protection

19 against child sexual abuse, and placement of chil20 dren in foster care.’’.

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

22 FOR CHILD PROTECTION.

23 Section 501(b) of title I of the Omnibus Crime Con24 trol 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 adding ‘‘; and’’; and

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

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

7 including laws protecting against child sexual abuse,

8 and promoting programs designed to prevent child

9 abuse and neglect; and

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

11 FOR CHILD PROTECTION.

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

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

14 amended—

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

16 (25);

17 (2) by striking the period at the end of para18 graph (26) and inserting a semicolon; and

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

20 ‘‘(27) enforcing child abuse and neglect laws, in21 cluding laws protecting against child sexual abuse,

22 and promoting programs designed to prevent child

23 abuse and neglect.’’.

24 ‘‘(28) establishing or supporting cooperative pro25 grams between law enforcement and media organiza-
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1 tions, to collect, record, retain, and disseminate infor2 mation useful in the identification and apprehension

3 of suspected criminal offenders.’’.

4 SEC. 4. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR

5 CHILD ABUSE VICTIMS UNDER THE VICTIMS

6 OF CRIME ACT OF 1984.

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

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

9 amended—

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

11 inserting ‘‘(2)(A) Except as provided in subpara12 graph (B), the next $10,000,000’’; and

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

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

15 amount deposited in the Fund is greater than the

16 amount deposited in the Fund for fiscal year 1998,

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

18 plus an amount equal to 50 percent of the increase

19 in the amount from fiscal year 1998 shall be avail20 able for grants under section 1404A.

21 ‘‘(ii) Amounts available under this subpara22 graph for any fiscal year shall not exceed

23 $20,000,000.’’.

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

25 shall be implemented so that any increase in funding pro-
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1 vided thereby shall operate notwithstanding any dollar

2 limitation on the availability of the Crime Victims Fund

3 established under the Victims of Crime Act of 1984.

4 TITLE II—JENNIFER’S LAW

5 SECTION 201. SHORT TITLE.

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

7 SEC. 202. PROGRAM AUTHORIZED.

8 The Attorney General is authorized to provide grant

9 awards to States to enable States to improve the reporting

10 of unidentified and missing persons.

11 SEC. 203. ELIGIBILITY.

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

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

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

15 reasonably require.

16 (b) CONTENTS.—Each such application shall include

17 assurances that the State shall, to the greatest extent

18 possible—

19 (1) report to the National Crime Information

20 Center and when possible, to law enforcement authori21 ties throughout the State regarding every deceased un22 identified person, regardless of age, found in the

23 State’s jurisdiction;

24 (2) enter a complete profile of such unidentified

25 person in compliance with the guidelines established
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1 by the Department of Justice for the National Crime

2 Information Center Missing and Unidentified Persons

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

4 and fingerprints, if available;

5 (3) enter the National Crime Information Center

6 number or other appropriate number assigned to the

7 unidentified person on the death certificate of each

8 such unidentified person; and

9 (4) retain all such records pertaining to uniden10 tified persons until a person is identified.

11 SEC. 204. USES OF FUNDS.

12 A State that receives a grant award under this title

13 may use such funds received to establish or expand pro14 grams developed to improve the reporting of unidentified

15 persons in accordance with the assurances provided in the

16 application submitted pursuant to section 203(b).

17 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to carry out

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

20 2002.

Calendar No. 354

106TH CONGRESS

1ST SESSION S. 1750

A BILL

To reduce the incidence of child abuse and neglect,

and for other purposes.

OCTOBER 28, 1999

Reported with amendments