[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1419 Introduced in House (IH)]







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 referred to the Committee on 
   the Judiciary, and in addition to the Committees 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 concerned

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abuse and Neglect Enforcement 
Act''.

SEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFORMATION BY CERTAIN 
              STATE CHILD PROTECTIVE WORKERS AND CHILD WELFARE WORKERS.

    (a) Grant Reduction for Noncompliance.--Section 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 percent and redistributed 
        under paragraph (2) unless the State has in effect throughout 
        the State a law which requires that a law enforcement agency 
        designated 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 assessment of risk and other actions 
        related to the protection of children, including placement of 
        children in foster care) criminal conviction record information 
        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 officers in such State.
            ``(2) Redistribution.--Any funds available for 
        redistribution shall be redistributed to participating 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 requirement that any charge for 
        making available such criminal conviction record information 
        may not exceed 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 inserting ``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 PROGRAM OF BLOCK GRANTS TO STATES FOR 
              PREVENTION AND TREATMENT OF SUBSTANCE 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 AGENCY 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 alcohol syndrome; fetal 
        alcohol effects; the presence of alcohol; and the presence of 
        drugs that are associated with substance abuse; and
            ``(2) if the newborn tests positive under any such test, 
        the principal State or local agency with responsibility 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 
described 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 maintained 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 Control 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 paragraph (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 VICTIMS 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 REPORTING 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 regulations 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), including all 
        regulations established under such part.
    (b) Report by Comptroller General.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall prepare and submit to the Congress and the 
        Secretary of Health and Human Services a report containing--
                    (A) the results of the study conducted under 
                subsection (a); and
                    (B) recommendations for reducing the number of 
                reporting requirements described in subsection (a).
            (2) Availability.--The Comptroller General shall make the 
        report available to appropriate State and local agencies and to 
        the public.
    (c) Analysis of Report by Secretary of Health and Human Services.--
            (1) In general.--The Secretary of Health and Human Services 
        shall conduct an analysis of the report of the Comptroller 
        General of the United States under subsection (b). Such 
        analysis shall include appropriate recommendations, if any, of 
        the Secretary for reducing the number of reporting requirements 
        described in subsection (a).
            (2) Submission.--Not later than 90 days after the date on 
        which the Secretary of Health and Human Services receives the 
        report of the Comptroller General of the United States 
        described in subsection (b), the Secretary shall submit to the 
        Congress the analysis described in paragraph (1).

SEC. 7. SENSE OF THE CONGRESS REGARDING INCREASED FUNDING FOR CHILD 
              ADVOCACY CENTERS.

    It is the sense of the Congress that--
            (1) child advocacy centers play a vital role in 
        interviewing, treating, and assisting victims of child abuse;
            (2) such centers are often responsible for intervening in a 
        number of potentially dangerous domestic violence situations 
        and thus preventing such violence or other incidents; and
            (3) it is appropriate to increase funding for such child 
        advocacy centers under title II of the Victims of Child Abuse 
        Act of 1990.
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