I
107TH CONGRESS
2D SESSION
H. R. 5313
To provide incentives for States to have in effect laws mandating the reporting
of child abuse by certain individuals, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Ms. WATERS introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on 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 concerned
A BILL
To provide incentives for States to have in effect laws man-
dating the reporting of child abuse by certain individuals,
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 Reporting
Grant Option (CARGO) Act’’.
SEC. 2. AUTHORIZATION OF GRANTS.
(a) AUTHORIZATION OF GRANTS.—From amounts
made available for grants under this section, the Attorney
General may make grants to eligible States for use by the
State for the following purposes:
(1) Hiring and training of law enforcement per-
sonnel for child abuse cases.
(2) Programs to help children who have been
subject to child abuse cope with such abuse.
(b) ELIGIBILITY.—For a State to be eligible to re-
ceive a grant under this section, the State must have in
effect one or more laws providing the following:
(1) A requirement that a mandatory reporter
must report to law enforcement authorities each in-
stance in which the mandatory reporter suspects or
has reason to suspect that child abuse has occurred,
except when the information forming the basis of
such suspicion or reason to suspect is protected by
attorney-client or clergy-penitent privilege.
(2) Appropriate punishments for violations of
such requirement.
(3) A statute of limitations for the prosecution
of criminal offenses relating to child abuse of not
less than five years from the later of the following
dates:
(A) The date of the offense.
(B) The date on which the alleged victim
became 18 years old.
(c) MANDATORY REPORTER DEFINED.—In this sec-
tion, the term ‘‘mandatory reporter’’ means any of the fol-
lowing:
(1) A health care provider, including a physi-
cian, nurse, resident, intern, or dentist, or a hospital
officer, employee, or volunteer.
(2) A mental health professional or social work-
er.
(3) An officer, employee, or volunteer of a pub-
lic or private school.
(4) A child care provider.
(5) A law enforcement officer.
(6) An officer, employee, or volunteer of a reli-
gious organization.
(7) Commercial film and photographic print
processors.
(d) APPLICATION.—For a State to be eligible to re-
ceive a grant under this section, the chief executive officer
of the State shall submit to the Attorney General an appli-
cation in such form and containing such information as
the Attorney General may require.
(e) RESTRICTIONS ON USE OF FUNDS.—
(1) NONSUPPLANTING.—Funds made available
pursuant to this section shall not be used to sup-
plant State funds, but shall be used to increase the
amount of funds that would, in the absence of Fed-
eral funds, be made available from State sources for
the purposes of this Act.
(2) ADMINISTRATIVE COSTS.—A State may not
use more than three percent of the funds it receives
from this section for administrative expenses.
(f) ALLOCATION
OF
GRANT
AMOUNTS.—Grants
under this section shall be allocated among eligible States
that have submitted applications under this section as fol-
lows:
(1) $50,000 to each such State.
(2) Any remaining amounts to each such State
in an amount that bears the same ratio to such re-
maining amounts as the population of individuals
who have not yet attained the age of 18 in such
State bears to the population of such individuals in
all such States.
(g) REPORTS TO THE ATTORNEY GENERAL.—Each
State which receives a grant under this section shall sub-
mit to the Attorney General, for each year in which funds
from a grant received under this section is expended, a
report at such time and in such manner as the Attorney
General may reasonably require, which contains—
(1) a summary of the activities carried out
under the grant and an assessment of whether such
activities are meeting the needs identified in the ap-
plication; and
(2) such other information as the Attorney
General may require.
(h) REPORTS TO CONGRESS.—Not later than 90 days
after the end of each fiscal year for which grants are made
under this section, the Attorney General shall submit to
the Congress a report that includes—
(1) the aggregate amount of grants made under
this section to each State for such fiscal year; and
(2) a summary of the information provided by
States receiving grants under this section.
(i) EXPENDITURE RECORDS.—
(1) IN GENERAL.—Each State which receives a
grant under this section shall keep records as the
Attorney General may require to facilitate an effec-
tive audit of the receipt and use of grant funds re-
ceived under this section.
(2) ACCESS.—Each State which receives a
grant under this section shall make available, for the
purpose of audit and examination, such records as
are related to the receipt or use of any such grant.
(j) DEFINITION.—For purposes of this section, the
term ‘‘State’’ includes the District of Columbia, the Com-
monwealth of Puerto Rico, American Samoa, Guam, the
Northern Mariana Islands, and the United States Virgin
Islands.
(k) FUNDING.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the At-
torney General for grants under subsection (a),
$25,000,000 for fiscal year 2003.
(2) NO FISCAL YEAR LIMITATION ON GRANT-
EES.—The Attorney General shall ensure that a re-
cipient of grant amounts under this section is au-
thorized to use such amounts without fiscal year
limitation.
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