[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 764 Reported in Senate (RS)]






                                                       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 Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Child Abuse Prevention and 
Enforcement Act''.</DELETED>

<DELETED>SEC. 2. GRANT PROGRAM.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(17) the capability of the criminal justice 
        system to deliver timely, accurate, and complete criminal 
        history record information to child welfare agencies, 
        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.''.</DELETED>

<DELETED>SEC. 3. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD 
              PROTECTION.</DELETED>

<DELETED>    Section 501(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3751) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        (25);</DELETED>
        <DELETED>    (2) by striking the period at the end of paragraph 
        (26) and adding ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(27) enforcing child abuse and neglect laws, 
        including laws protecting against child sexual abuse, and 
        promoting programs designed to prevent child abuse and 
        neglect.''.</DELETED>

<DELETED>SEC. 4. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR CHILD ABUSE 
              VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984.</DELETED>

<DELETED>    (a) In General.--Section 1402(d)(2) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(2) the next $10,000,000'' and 
        inserting ``(2)(A) Except as provided in subparagraph (B), the 
        next $10,000,000''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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 available 
        for grants under section 1404A.</DELETED>
        <DELETED>    ``(ii) Amounts available under this subparagraph 
        for any fiscal year shall not exceed $20,000,000.''.</DELETED>
<DELETED>    (b) Interaction With Any Cap.--Subsection (a) shall be 
implemented so that any increase in funding provided thereby shall 
operate notwithstanding any dollar limitation on the availability of 
the Crime Victims Fund established under the Victims of Crime Act of 
1984.</DELETED>

        TITLE I--THE CHILD ABUSE PREVENTION 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 system to 
        deliver timely, accurate, and complete criminal history record 
        information to child welfare agencies, 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--
            (1) by striking ``and'' at the end of paragraph (25);
            (2) by striking the period at the end of paragraph (26) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(27) enforcing child abuse and neglect laws, including 
        laws protecting against child sexual abuse, and promoting 
        programs designed to prevent child abuse and neglect; and
            ``(28) establishing or supporting cooperative programs 
        between law enforcement and media organizations, to collect, 
        record, retain, and disseminate information 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 subparagraph (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 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 provided thereby shall operate 
notwithstanding any dollar limitation on the availability of the Crime 
Victims Fund established 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.
    (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 authorities throughout the 
        State regarding every deceased unidentified 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 unidentified 
        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 programs developed to improve the 
reporting of unidentified 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