I
105TH CONGRESS
1ST SESSION
H. R. 1419
To reduce the incidence of child abuse and neglect, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1997
Ms. MOLINARI (for herself, Mr. GINGRICH, Mr. PAXON, Mr. BILBRAY, Mr.
WALSH, Mr. FROST, Mr. FOX of Pennsylvania, Mr. GREENWOOD, Mr.
EWING, Mrs. KELLY, Mr. DELAY, Mr. PETRI, Ms. PRYCE of Ohio, Mr.
HASTERT, Mr. BURR of North Carolina, Mr. BRADY, Mr. SHAYS, Mr.
SOLOMON, Mr. KING, Mr. CRAPO, Mr. FRELINGHUYSEN, Mr. BURTON of
Indiana, and Mr. COBURN) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Commerce, and Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
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 and Ne-
glect Enforcement Act’’.
SEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFOR-
MATION BY CERTAIN STATE CHILD PROTEC-
TIVE WORKERS AND CHILD WELFARE WORK-
ERS.
(a) GRANT REDUCTION FOR NONCOMPLIANCE.—Sec-
tion 506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by adding at the end the
following:
‘‘(g) INFORMATION ACCESS.—
‘‘(1) IN GENERAL.—The funds available under
this subpart for a State shall be reduced by 10 per-
cent and redistributed under paragraph (2) unless
the State has in effect throughout the State a law
which requires that a law enforcement agency des-
ignated by such State make available, on a timely
basis, to child protective workers and child welfare
workers (in public and private agencies, who, in the
course of their official duties, are engaged in the as-
sessment of risk and other actions related to the
protection of children, including placement of chil-
dren in foster care) criminal conviction record infor-
mation and orders of protection based on a claim of
domestic or child abuse to the same extent as such
information is made available to law enforcement of-
ficers in such State.
‘‘(2) REDISTRIBUTION.—Any funds available
for redistribution shall be redistributed to participat-
ing States that have in effect a law referred to in
paragraph (1).
‘‘(3) 
COMPLIANCE.—The 
Attorney 
General
shall issue regulations to ensure compliance with the
requirements of paragraph (1), including a require-
ment that any charge for making available such
criminal conviction record information may not ex-
ceed the actual cost of making such information
available.’’.
(b) CONFORMING AMENDMENT.—Section 506(a) of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by striking ‘‘subsection (f),’’ and in-
serting ‘‘subsections (f) and (g),’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the first day of each
fiscal year succeeding the first fiscal year beginning 2
years after the date of the enactment of this Act.
SEC. 3. NEONATAL CONDITIONS CAUSED BY MATERNAL
SUBSTANCE ABUSE; AMENDMENT TO PRO-
GRAM OF BLOCK GRANTS TO STATES FOR
PREVENTION 
AND 
TREATMENT 
OF 
SUB-
STANCE ABUSE.
Subpart II of part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x–21 et seq.) is amended by
inserting after section 1926 the following section:
‘‘SEC. 1926A. STATE LAW REGARDING NOTIFICATION OF
STATE OR LOCAL CHILD-PROTECTION AGEN-
CY IN EVENT OF NEONATAL CONDITION
CAUSED BY MATERNAL SUBSTANCE ABUSE.
‘‘(a) RELEVANT LAW.—Subject to subsection (b), for
fiscal year 1999 and subsequent fiscal years, the Secretary
may make a grant under section 1921 only if the State
involved requires by law or regulation that—
‘‘(1) each newborn infant born in the State be
tested for physical dependence on any drug; fetal al-
cohol syndrome; fetal alcohol effects; the presence of
alcohol; and the presence of drugs that are associ-
ated with substance abuse; and
‘‘(2) if the newborn tests positive under any
such test, the principal State or local agency with re-
sponsibility for the protection of children be notified
of such fact.
‘‘(b) 
DELAYED
APPLICABILITY
FOR
CERTAIN
STATES.—In the case of a State whose legislature does
not convene a regular session in fiscal year 1998, and in
the case of a State whose legislature does not convene a
regular session in fiscal year 1999, the requirement de-
scribed in subsection (a) as a condition of a receipt of a
grant under section 1921 shall apply only for fiscal year
2000 and subsequent fiscal years.
‘‘(c) NONCOMPLIANCE OF STATE.—Before making a
grant under section 1921 to a State for the first applicable
fiscal year or any subsequent fiscal year, the Secretary
shall make a determination of whether the State has main-
tained compliance with subsection (a). If, after notice to
the State and an opportunity for a hearing, the Secretary
determines that the State is not in compliance with such
subsection, the Secretary shall reduce the amount of the
allotment under such section for the State for the fiscal
year involved by an amount equal to—
‘‘(1) in the case of the first applicable fiscal
year, 10 percent of the amount determined under
section 1933 for the State for the fiscal year;
‘‘(2) in the case of the first fiscal year following
such applicable fiscal year, 20 percent of the amount
determined under section 1933 for the State for the
fiscal year;
‘‘(3) in the case of the second such fiscal year,
30 percent of the amount determined under section
1933 for the State for the fiscal year; and
‘‘(4) in the case of the third such fiscal year or
any subsequent fiscal year, 40 percent of the amount
determined under section 1933 for the State for the
fiscal year.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘first applicable fiscal year’ means—
‘‘(1) fiscal year 2000, in the case of any State
described in subsection (b); and
‘‘(2) fiscal year 1999, in the case of any other
State.’’.
SEC. 4. USE OF FUNDS UNDER BYRNE GRANT PROGRAM
FOR CHILD PROTECTION.
Section 501(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3751) is
amended—
(1) by striking ‘‘and’’ at the end paragraph
(25);
(2) by striking the period at the end of para-
graph (26) and adding ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(27) enforcing child abuse and neglect laws
and programs designed to prevent child abuse and
neglect.’’.
SEC. 5. INCREASE IN SET ASIDE FOR CHILD ABUSE VIC-
TIMS UNDER THE VICTIMS OF CRIME ACT OF
1984.
Section 1402(d)(2) of the Victims of Crime Act of
1984 is amended by striking ‘‘$10,000,000’’ and inserting
‘‘$20,000,000’’.
SEC. 6. STUDY AND REPORT RELATING TO EXTENT OF RE-
PORTING 
REQUIREMENTS 
UNDER 
CHILD
ABUSE AND NEGLECT LAWS AND FOSTER
CARE AND ADOPTION ASSISTANCE LAWS.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study on the number and type of
reporting requirements under—
(1) the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq. and other Federal laws
relating to child abuse and neglect, including all reg-
ulations established under such Act and other laws;
and
(2) part E of title IV of the Social Security Act
(relating to foster care and adoption assistance), in-
cluding all regulations established under such part.
(b) REPORT BY COMPTROLLER GENERAL.—