I 
109TH CONGRESS 
1ST SESSION H. R. 1738 
To assure the safety of American children in foreign-based and domestic 
institutions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2005 
Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Mr. OWENS, Mr. 
MCDERMOTT, and Mr. VAN HOLLEN) introduced the following bill; which 
was referred to the Committee on Education and the Workforce, and in 
addition to the Committee on International Relations, 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 assure the safety of American children in foreign-based 
and domestic institutions, 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 ‘‘End Institutionalized 
Abuse Against Children Act of 2005’’. 
SEC. 2. JUSTICE DEPARTMENT INVESTIGATIONS. 
(a) IN GENERAL.—In order to assure the safety and 
welfare of American children residing in foreign-based in-
stitutions, the Attorney General shall seek the cooperation 
of appropriate foreign authorities in order to investigate 
such facilities or institutions periodically. Such an inves-
tigation shall include a determination of the institution’s 
compliance with any local safety, health, sanitation and 
educational laws and regulations, including all licensing 
requirements applicable to the staff of the institution and 
compliance with this section. The Attorney General shall 
seek the cooperation of appropriate foreign authorities to 
remedy any threat to the safety or welfare of those chil-
dren, discovered through such an investigation. 
(b) RULES AND ENFORCEMENT.—(1) The Attorney 
General shall make rules to protect the safety and 
wellbeing of American children who are kept in a foreign 
based institution for purposes of behavior modification. 
(2) Whoever, being a United States citizen or na-
tional, or other private entity organized under the laws 
of the United States or of any State or political subdivi-
sion of the United States, violates a rule made under this 
subsection shall be subject to a civil penalty not to exceed 
$50,000. 
(c) DEFINITIONS.—As used in this section— 
(1) the term ‘‘foreign-based institution’’ means 
any facility or institution—
(A) owned, operated, or managed by a 
United States citizen or other private entity or-
ganized under the laws of the United States; 
and 
(B) for persons, including persons who are 
residing in such facility or institution, for pur-
poses of receiving care or treatment or behavior 
modification; and 
(2) the term ‘‘American children’’ means Amer-
ican citizens or nationals 18 years of age or younger. 
SEC. 3. AMENDMENTS TO DEPARTMENT OF STATE’S COUN-
TRY REPORTS ON HUMAN RIGHTS PRAC-
TICES. 
(a) PART I OF FOREIGN ASSISTANCE ACT
OF 
1961.—Section 116 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151n) is amended by adding at the end the 
following new subsection: 
‘‘(g)(1) The report required by subsection (d) shall 
include, wherever applicable, a description of the nature 
and extent of child abuse or human rights violations 
against persons who are 18 years of age or younger at 
institutions described in paragraph (2) that are located 
in each foreign country. 
‘‘(2) An institution referred to in paragraph (1) is 
a facility or institution—
‘‘(A) owned, operated, or managed by a United 
States citizen or other private entity organized under 
the laws of the United States; and 
‘‘(B) for persons, including persons who are re-
siding in such facility or institution, for purposes of 
receiving care or treatment or behavior modifica-
tion.’’. 
(b) PART II OF FOREIGN ASSISTANCE ACT
OF 
1961.—Section 502B of the Foreign Assistance Act of 
1961 (22 U.S.C. 2304) is amended by adding at the end 
the following new subsection: 
‘‘(i)(1) The report required by subsection (b) shall in-
clude, wherever applicable, a description of the nature and 
extent of child abuse or human rights violations against 
persons who are 18 years of age or younger at institutions 
described in paragraph (2) that are located in each foreign 
country. 
‘‘(2) An institution referred to in paragraph (1) is 
a facility or institution— 
‘‘(A) owned, operated, or managed by a United 
States citizen or other private entity organized under 
the laws of the United States; and 
‘‘(B) for persons, including persons who are re-
siding in such facility or institution, for purposes of
receiving care or treatment or behavior modifica-
tion.’’. 
SEC. 4. GRANTS TO SUPPORT INSPECTIONS OF CHILD RESI-
DENTIAL TREATMENT FACILITIES. 
(a) IN GENERAL.—The Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101 et seq.) is amended by 
adding at the end the following new title: 
‘‘TITLE III—GRANTS TO STATES 
TO 
SUPPORT 
INSPECTIONS 
OF 
CHILD 
RESIDENTIAL 
TREATMENT FACILITIES 
‘‘SEC. 301. GRANTS TO STATES. 
‘‘The Secretary is authorized to make grants to 
States to support inspections of child residential treatment 
facilities. 
‘‘SEC. 302. APPLICATION. 
‘‘The Secretary may not make a grant to a State 
under section 301 unless the State submits to the Sec-
retary an application for the grant at such time, in such 
form and manner, and containing such information as the 
Secretary may reasonably require. 
‘‘SEC. 303. ELIGIBILITY. 
‘‘(a) IN GENERAL.—The Secretary may not make a 
grant to a State under section 301 unless the State has 
in effect laws to require the licensing of child residential
treatment facilities in accordance with the requirements 
of subsection (b) and the State is enforcing such State 
laws in accordance with the requirements of subsection 
(c). 
‘‘(b) LICENSING REQUIREMENTS.—The licensing re-
quirements referred to in subsection (a) are the following: 
‘‘(1) The State requires any person who oper-
ates a child residential treatment facility to be 
issued a license for the operation of the facility, and 
the license is in effect. 
‘‘(2) The facility meets applicable standards of 
the State for the provision of treatment services for 
children with emotional, psychological, develop-
mental, or behavioral dysfunctions, impairments, or 
chemical dependencies. 
‘‘(3) In the case of each child who is a resident 
of the facility and whose domicile is another State, 
the facility meets the standards of such other State 
for the operation of such a facility, including any li-
censing standards. 
‘‘(4) With respect to State law that prohibits 
the physical or mental abuse of children and the ne-
glect of children, the law of the State in which the 
facility is located applies to the facility standards for 
the care of children who are residents of the facility,
including enforcement standards, that are equivalent 
to the standards applied by the State to parents or 
legal guardians. 
‘‘(5) The State requires periodic, unannounced 
inspections of the facility to determine compliance 
with applicable law, including law regarding the li-
censing of health professionals and law regarding 
the standards referred to in paragraph (4). 
‘‘(c) ENFORCEMENT REQUIREMENTS.—The enforce-
ment requirements referred to in subsection (a) are the 
following: 
‘‘(1) IN GENERAL.— 
‘‘(A) CIVIL PENALTY.—A person who oper-
ates a child residential treatment facility in vio-
lation of the requirements under subsection (b) 
is subject to a civil penalty of $250 per day 
until the violation is corrected, except that the 
number of days for which the penalty is as-
sessed may not exceed 60 days. 
‘‘(B) 
ORDER
TO
TERMINATE
OPER-
ATIONS.—With respect to a violation of the re-
quirements under subsection (b), if a civil pen-
alty under subparagraph (A) for the violation is 
assessed for 60 days, the State orders that the
child residential treatment facility involved ter-
minate all operations. 
‘‘(2) ABUSE OR NEGLECT.— 
‘‘(A) CIVIL PENALTY.—If a child residen-
tial treatment facility engages in the abuse or 
neglect of a child who is a resident of the facil-
ity, each person who owns or operates the facil-
ity, and each of the officers, employees, or con-
tractors thereof who engaged in the abuse or 
neglect, is subject to a civil penalty for each 
such violation in an amount determined by the 
State, but not less than $20,000 for all viola-
tions adjudicated in a single proceeding. 
‘‘(B) CRIMINAL PENALTY.—If a child resi-
dential treatment facility engages in the abuse 
or neglect of a child who is a resident of the fa-
cility, each person who owns or operates the fa-
cility, and each of the officers, employees, or 
contractors thereof who engaged in the abuse or 
neglect, shall be fined in accordance with title 
18, United States Code, or imprisoned not more 
than five years, or both. 
‘‘(C) ABUSE OR NEGLECT.—For purposes 
of subparagraphs (A) and (B), the term ‘abuse 
or neglect’, with respect to a child, means a
knowing act or omission that the officer, em-
ployee, or contractor involved knows or should 
know will result in death, serious physical or 
emotional harm, sexual abuse or exploitation, or 
will present an imminent risk of serious harm. 
‘‘SEC. 304. USE OF FUNDS. 
‘‘A State that receives a grant under section 301 shall 
use amounts under the grant to— 
‘‘(1) hire and train individuals who have appro-
priate expertise in the health profession, including 
the mental health profession, to carry out periodic, 
unannounced inspections of child residential treat-
ment facilities in accordance with section 303(b)(5); 
and 
‘‘(2) collect and maintain data from the inspec-
tions of such child residential treatment facilities to 
be included in the report required by section 306. 
‘‘SEC. 305. MAINTENANCE OF EFFORT. 
‘‘A State that receives a grant under section 301 shall 
use amounts under the grant only to supplement the level 
of non-Federal funds that, in the absence of amounts 
under the grant, would be expended for activities author-
ized under the grant, and not to supplant those non-Fed-
eral funds.
‘‘SEC. 306. REPORT. 
‘‘The Secretary may not make a grant to a State 
under section 301 unless the State agrees that it will sub-
mit to the Secretary for each fiscal year for which it re-
ceives a grant under such section a report that contains 
such information as the Secretary may reasonably require, 
including a detailed description of the number of child res-
idential treatment facilities located in the State, the num-
ber of children residing at such facilities, the State domi-
cile of each child prior to entry at such a facility, and the 
age, gender, and disability (if any) of each child at such 
a facility. 
‘‘SEC. 307. DEFINITIONS. 
‘‘In this title: 
‘‘(1) CHILD.—The term ‘child’ means an indi-
vidual 18 years of age or younger. 
‘‘(2) CHILD RESIDENTIAL TREATMENT FACIL-
ITY; FACILITY.—The term ‘child residential treat-
ment facility’ or ‘facility’ means a facility that— 
‘‘(A) provides a 24-hour group living envi-
ronment for one or more children who are unre-
lated to the owner or operator of the facility; 
and 
‘‘(B) offers for the children room or board 
and specialized treatment, behavior modifica-
tion, rehabilitation, discipline, emotional growth
or rehabilitation services for youths with emo-
tional, psychological, developmental, or behav-
ioral dysfunctions, impairments, or chemical de-
pendencies. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services. 
‘‘(4) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title $50,000,000 for each of the fiscal years 2006 
and 2007.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5101 note) is amended by adding at the end the 
following: 
‘‘TITLE III—GRANTS TO STATES TO SUPPORT INSPECTIONS OF 
CHILD RESIDENTIAL TREATMENT FACILITIES 
‘‘Sec. 301. Grants to States. 
‘‘Sec. 302. Application. 
‘‘Sec. 303. Eligibility. 
‘‘Sec. 304. Use of funds. 
‘‘Sec. 305. Maintenance of effort. 
‘‘Sec. 306. Report. 
‘‘Sec. 307. Definitions. 
‘‘Sec. 308. Authorization of appropriations.’’. 
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