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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Abuse Preven-
tion and Enforcement Act’’.
SEC. 2. GRANT PROGRAM.
Section 102(b) of the Crime Identification Tech-
nology Act of 1998 (42 U.S.C. 14601(b)) is amended by
striking ‘‘and’’ at the end of paragraph (15), by striking
HR 764 RS
SEC. 4. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR
CHILD ABUSE VICTIMS UNDER THE VICTIMS
OF CRIME ACT OF 1984.
(a) IN GENERAL.—Section 1402(d)(2) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is
amended—
(1) by striking ‘‘(2) the next $10,000,000’’ and
inserting ‘‘(2)(A) Except as provided in subpara-
graph (B), the next $10,000,000’’; and
(2) by adding at the end the following:
‘‘(B)(i) For any fiscal year for which the
amount deposited in the Fund is greater than the
amount deposited in the Fund for fiscal year 1998,
the $10,000,000 referred to in subparagraph (A)
plus an amount equal to 50 percent of the increase
in the amount from fiscal year 1998 shall be avail-
able for grants under section 1404A.
‘‘(ii) Amounts available under this subpara-
graph
for
any
fiscal
year
shall
not
exceed
$20,000,000.’’.
(b) INTERACTION WITH ANY CAP.—Subsection (a)
shall be implemented so that any increase in funding pro-
vided thereby shall operate notwithstanding any dollar
limitation on the availability of the Crime Victims Fund
established under the Victims of Crime Act of 1984.
HR 764 RS
TITLE I—THE CHILD ABUSE PRE-
VENTION AND ENFORCEMENT
ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Child Abuse Prevention
and Enforcement Act’’.
SEC. 102. GRANT PROGRAM.
Section 102(b) of the Crime Identification Technology
Act of 1998 (42 U.S.C. 14601(b)) is amended by striking
‘‘and’’ at the end of paragraph (15), by striking the period
at the end of paragraph (16) and inserting ‘‘; and’’, and
by adding after paragraph (16) the following:
‘‘(17) the capability of the criminal justice sys-
tem to deliver timely, accurate, and complete crimi-
nal history record information to child welfare agen-
cies, organizations, and programs that are engaged in
the assessment of risk and other activities related to
the protection of children, including protection
against child sexual abuse, and placement of children
in foster care.’’.
SEC. 103. USE OF FUNDS UNDER BYRNE GRANT PROGRAM
FOR CHILD PROTECTION.
Section 501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751) is
amended—
HR 764 RS
(1) by striking ‘‘and’’ at the end of paragraph
(25);
(2) by striking the period at the end of para-
graph (26) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(27) enforcing child abuse and neglect laws, in-
cluding laws protecting against child sexual abuse,
and promoting programs designed to prevent child
abuse and neglect; and
‘‘(28) establishing or supporting cooperative pro-
grams between law enforcement and media organiza-
tions, to collect, record, retain, and disseminate infor-
mation useful in the identification and apprehension
of suspected criminal offenders.’’.
SEC. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR
CHILD ABUSE VICTIMS UNDER THE VICTIMS
OF CRIME ACT OF 1984.
(a) IN GENERAL.—Section 1402(d)(2) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended—
(1) by striking ‘‘(2) the next $10,000,000’’ and
inserting ‘‘(2)(A) Except as provided in subpara-
graph (B), the next $10,000,000’’; and
(2) by adding at the end the following:
‘‘(B)(i) For any fiscal year for which the amount
deposited in the Fund is greater than the amount de-
HR 764 RS
posited in the Fund for fiscal year 1998, the
$10,000,000 referred to in subparagraph (A) plus an
amount equal to 50 percent of the increase in the
amount from fiscal year 1998 shall be available for
grants under section 1404A.
‘‘(ii) Amounts available under this subparagraph
for any fiscal year shall not exceed $20,000,000.’’.
(b) INTERACTION WITH ANY CAP.—Subsection (a)
shall be implemented so that any increase in funding pro-
vided thereby shall operate notwithstanding any dollar lim-
itation on the availability of the Crime Victims Fund estab-
lished under the Victims of Crime Act of 1984.
TITLE II—JENNIFER’S LAW
SECTION 201. SHORT TITLE.
This title may be cited as ‘‘Jennifer’s Law’’.
SEC. 202. PROGRAM AUTHORIZED.
The Attorney General is authorized to provide grant
awards to States to enable States to improve the reporting
of unidentified and missing persons.
SEC. 203. ELIGIBILITY.
(a) APPLICATION.—To be eligible to receive a grant
award under this title, a State shall submit an application
at such time and in such form as the Attorney General may
reasonably require.
HR 764 RS
(b) CONTENTS.—Each such application shall include
assurances that the State shall, to the greatest extent
possible—
(1) report to the National Crime Information
Center and when possible, to law enforcement authori-
ties throughout the State regarding every deceased un-
identified person, regardless of age, found in the
State’s jurisdiction;
(2) enter a complete profile of such unidentified
person in compliance with the guidelines established
by the Department of Justice for the National Crime
Information Center Missing and Unidentified Persons
File, including dental records, DNA records, x-rays,
and fingerprints, if available;
(3) enter the National Crime Information Center
number or other appropriate number assigned to the
unidentified person on the death certificate of each
such unidentified person; and
(4) retain all such records pertaining to uniden-
tified persons until a person is identified.
SEC. 204. USES OF FUNDS.
A State that receives a grant award under this title
may use such funds received to establish or expand pro-
grams developed to improve the reporting of unidentified
HR 764 RS
persons in accordance with the assurances provided in the
application submitted pursuant to section 203(b).
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title $2,000,000 for each of fiscal years 2000, 2001, and
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