[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1738 Introduced in House (IH)]






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 concerned

_______________________________________________________________________

                                 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 Representatives 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 institutions, the Attorney 
General shall seek the cooperation of appropriate foreign authorities 
in order to investigate such facilities or institutions periodically. 
Such an investigation 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 children, 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 national, or other 
private entity organized under the laws of the United States or of any 
State or political subdivision 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 organized under the 
                laws of the United States; and
                    (B) for persons, including persons who are residing 
                in such facility or institution, for purposes of 
                receiving care or treatment or behavior modification; 
                and
            (2) the term ``American children'' means American citizens 
        or nationals 18 years of age or younger.

SEC. 3. AMENDMENTS TO DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN 
              RIGHTS PRACTICES.

    (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 residing in 
        such facility or institution, for purposes of receiving care or 
        treatment or behavior modification.''.
    (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 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 residing in 
        such facility or institution, for purposes of receiving care or 
        treatment or behavior modification.''.

SEC. 4. GRANTS TO SUPPORT INSPECTIONS OF CHILD RESIDENTIAL 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 Secretary 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 requirements referred 
to in subsection (a) are the following:
            ``(1) The State requires any person who operates 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, developmental, 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 licensing standards.
            ``(4) With respect to State law that prohibits the physical 
        or mental abuse of children and the neglect 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 licensing of health professionals 
        and law regarding the standards referred to in paragraph (4).
    ``(c) Enforcement Requirements.--The enforcement requirements 
referred to in subsection (a) are the following:
            ``(1) In general.--
                    ``(A) Civil penalty.--A person who operates a child 
                residential treatment facility in violation 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 assessed may not exceed 60 days.
                    ``(B) Order to terminate operations.--With respect 
                to a violation of the requirements under subsection 
                (b), if a civil penalty under subparagraph (A) for the 
                violation is assessed for 60 days, the State orders 
                that the child residential treatment facility involved 
                terminate all operations.
            ``(2) Abuse or neglect.--
                    ``(A) Civil penalty.--If a child residential 
                treatment facility engages in the abuse or neglect of a 
                child who is a resident of the facility, each person 
                who owns or operates the facility, and each of the 
                officers, employees, or contractors 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 violations 
                adjudicated in a single proceeding.
                    ``(B) Criminal penalty.--If a child residential 
                treatment facility engages in the abuse or neglect of a 
                child who is a resident of the facility, each person 
                who owns or operates the facility, 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, employee, 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 appropriate 
        expertise in the health profession, including the mental health 
        profession, to carry out periodic, unannounced inspections of 
        child residential treatment facilities in accordance with 
        section 303(b)(5); and
            ``(2) collect and maintain data from the inspections 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 authorized under the grant, and not to supplant those non-
Federal funds.

``SEC. 306. REPORT.

    ``The Secretary may not make a grant to a State under section 301 
unless the State agrees that it will submit to the Secretary for each 
fiscal year for which it receives 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 residential 
treatment facilities located in the State, the number of children 
residing at such facilities, the State domicile 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 individual 18 years 
        of age or younger.
            ``(2) Child residential treatment facility; facility.--The 
        term `child residential treatment facility' or `facility' means 
        a facility that--
                    ``(A) provides a 24-hour group living environment 
                for one or more children who are unrelated to the owner 
                or operator of the facility; and
                    ``(B) offers for the children room or board and 
                specialized treatment, behavior modification, 
                rehabilitation, discipline, emotional growth or 
                rehabilitation services for youths with emotional, 
                psychological, developmental, or behavioral 
                dysfunctions, impairments, or chemical dependencies.
            ``(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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