[Congressional Record Volume 145, Number 142 (Tuesday, October 19, 1999)]
[Senate]
[Pages S12838-S12839]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Leahy, and Mr. Kohl):
  S. 1750. A bill to reduce the incidence of child abuse and neglect, 
and for other purposes; to the Committee on the Judiciary.


               CHILD ABUSE PREVENTION AND ENFORCEMENT ACT

 Mr. DeWINE. Mr. President, I rise today to introduce the Child 
Abuse Prevention and Enforcement Act (CAPE). This legislation would 
provide a much-needed increase in funding for the investigation of 
child abuse crimes, as well as prevention programs designed to prevent 
child abuse. This bill is similar to the legislation introduced by my 
Ohio colleague in the House of Representatives, Deborah Pryce, which 
recently passed overwhelmingly in the House.
  As a former Greene County, Ohio, prosecutor, and--more importantly--- 
as a parent, nothing disturbs me more than reports of child abuse and 
neglect. As a prosecutor, I saw--- first-hand--too many examples of 
child victimization and abuse. These days, it seems like you can't turn 
on the local news without hearing about another unforgivable act of 
violence against a child. Some of these stories have become infamous. 
Yet, sadly, most stories of child abuse are quickly forgotten. Such 
stories have become so common, it seems that our collective conscience 
is seldom even affected any more.
  The sheer numbers of abusive acts committed against our children are 
astounding. In my State of Ohio, one incident of child abuse or neglect 
is reported to authorities every three minutes! What's worse is that 
these reports of abuse are on the rise. In a study of child abuse, the 
Federal government found that the number of abused and neglected 
children in this country nearly doubled between 1986 and 1993. As a 
result, child protective service agencies across the country are facing 
more than a million cases of abused and neglected children each year.
  The Federal government can take meaningful steps--starting now--to 
help fight child abuse. The Child Abuse Prevention and Enforcement Act 
would be one meaningful step. Through the use of advanced technology, 
this legislation would enhance the ability of law enforcement systems 
to exchange timely and accurate criminal history information with 
agencies involved in child welfare, child abuse, and adoption services.
  Every day, State and local child welfare services attempt to ensure 
that children are cared for properly and living with loving families. 
It is their job to prevent at-risk children from being left under the 
same roof with domestic or child abusers. Often, when child welfare 
agencies conduct child safety assessments, criminal histories and civil 
protection order information are not always readily available. These 
agencies may not be getting the full story. The result, in some cases, 
is that an abused or neglected child is removed from one harmful 
environment only to be placed in another. To improve access to critical 
law enforcement information, the bill I am introducing today would 
amend the Crime Identification and Technology Act (CITA), which I 
sponsored last year, to allow State and local governments to use CITA 
grant dollars to enable the criminal justice system to provide criminal 
history information to child protection and welfare agencies.

  Our bill also would allow the use of funds from the $550 million 
Byrne grant program for activities aimed at cracking down on and 
preventing child abuse and neglect. Since 1986, Byrne grant dollars 
have been used successfully to provide financial assistance to State 
and local governments to coordinate government efforts to fight crime 
and drug abuse. With our bill, State and local agencies could use Byrne 
grant dollars to train child welfare investigators and child protection 
workers. The funding also could help build and develop child advocacy 
centers and hospitals for the abused. These are just a few of many 
possible uses.
  Mr. President, our bill would go even one step further to direct 
resources to fight against child abuse. It would double the amount of 
funds available to States and localities to assist the victims of 
crimes against children. Currently, $10 million of the Federal Crime 
Victims $383 million fund are earmarked for child abuse and domestic 
assistance programs. This fund is financed not by taxpayer dollars, but 
through criminal fines, penalties and forfeitures. While the fund has 
grown since its beginning in 1984, the amount reserved for assistance 
to victims of abuse has remained stagnant. Our bill would earmark $20 
million to help public and nonprofit agencies provide necessary 
services like rescue shelters, 24-hour abuse hotlines, and counseling 
to victims of child abuse.
  Mr. President, this is one piece of legislation that can and should 
pass the Senate quickly. As I noted earlier, a similar bill was 
overwhelmingly approved by the House by a vote of 425-2. More than 50 
child protection organizations have endorsed this legislation, 
including the National Child Abuse Coalition; the National Center for 
Missing and Exploited Children; Fight Crime: Invest in Kids; the Family 
Research Council and the Christian Coalition; the American Professional 
Society of the Abuse of Children; and Prevent Child Abuse America.
  I urge my colleagues here in the Senate to demonstrate their 
commitment to America's abused and neglected children by supporting 
this legislation. Let's show some compassion and support our States and 
local communities in the fight against child abuse.
 Mr. LEAHY. Mr. President, I am pleased to join the senior 
Senator from Ohio in introducing the Child Abuse Prevention and 
Enforcement Act. Our bipartisan legislation builds on the successful 
passage into law of the Crime Identification Technology Act of 1998, 
which Senator DeWine and I sponsored in the last Congress. Our bill 
also complements S. 249, the Missing, Exploited and Runaway Children 
Protection Act, which Senator Hatch and I worked together to steer to 
final passage just last month.
  Unfortunately, the number of abused or neglected children in this 
country nearly doubled between 1986 and 1993. Each day there are 9,000 
reports of child abuse in America and more than three million cases 
annually of abused or neglected children. In my home state of Vermont, 
2,309 children were reported to child protective services for child 
abuse or neglect investigations in 1997, the last year data is 
available. After investigation, 1,041 of these reports found 
substantiated cases of child maltreatment in Vermont.
  Each child behind these statistics is an American tragedy.

[[Page S12839]]

  But we can help. The Child Abuse Prevention and Enforcement Act 
provides these abused or neglected children with the Federal assistance 
that they deserve. And our legislation can make a real difference in 
the lives of our nation's children without any additional cost to 
taxpayers.
  Our bipartisan legislation will make a difference by giving State and 
local officials the flexibility to use existing Department of Justice 
grant programs to prevent child abuse and neglect, investigate child 
abuse and neglect crimes and protect children who have suffered from 
abuse and neglect. The bill does this by making three changes to 
current law.
  First, the Child Abuse Prevention and Enforcement Act amends the 
Crime Identification Technology Act of 1998 to make grant dollars 
available specifically to enhance the capability of criminal history 
information to agencies and workers for child welfare, child abuse and 
adoption purposes. Congress has authorized $250 million annually for 
grants under the Crime Identification Technology Act.
  Second, the Child Abuse Prevention and Enforcement Act amends the 
Byrne Grant Program to permit funds to be used for enforcing child 
abuse and neglect laws, including laws protecting against child sexual 
abuse, and promoting programs designed to prevent child abuse and 
neglect. Congress has traditionally funded the Byrne Grant Program at 
about $500 million a year.
  Third, the Child Abuse Prevention and Enforcement Act doubles the 
available funds, from $10 million to $20 million, for grants to each 
State for child abuse treatment and prevention from the Crime Victims 
Fund. This fund is financed through the collection of criminal fines, 
penalties and other assessments against persons convicted of crimes 
against the United States. In the 1998 fiscal year, the Crime Victims 
Fund held $363 million. To ensure that other crime victim programs 
support by the Fund are not reduced, the expansion of the child abuse 
treatment and prevention earmark applies only when the Fund exceeds 
$363 million in a fiscal year. This year, the Crime Victims Fund is 
expected to collect more than $1 billion due in part to large anti-
trust penalties.
  Despite the tireless efforts of concerned Vermonters, including the 
many dedicated workers and volunteers at Prevent Child Abuse in Vermont 
and the Vermont Department of Social and Rehabilitative Services, 
Vermont is below the national average for its ability to provide 
services to abused or neglected children. In 1997, 411 children found 
to be abused or neglected received no services, about 40 percent of 
investigated cases. Nationally, about 25 percent of all abused or 
neglected children received no services. Our legislation provides more 
resources to help Vermonters and other Americans provide services to 
all abused or neglected children.
  I thank the many advocates who support our bill and the companion 
legislation introduced by Representatives Pryce and Stephanie Tubbs 
Jones, H.R. 764, which passed the House of Representatives by a vote of 
425-2 on October 5, 1999. These advocates include the diverse National 
Child Abuse Coalition: ACTION for Child Protection; Alliance for 
Children and Families; American Academy of Pediatrics; American Bar 
Association; American Dental Association; American Professional Society 
on the Abuse of Children; American Prosecutors Research Institute; 
American Psychological Association; Association of Junior Leagues 
International; Boy Scouts of America; Child Welfare League of America; 
Childhelp USA; Children's Defense Fund; General Federation of Women's 
Club; National Alliance of Children's Trust and Prevention Funds; 
National Association of Child Advocates; National Association of 
Counsel for Children; National Association of Social Workers; National 
Children's Alliance; National Committee to Prevent Child Abuse; 
National Council of Jewish Women; National Court Appointed Special 
Advocates Association; National Education Association; National 
Exchange Club Foundation for Prevention of Child Abuse; National 
Network for Youth; National PTA; Parents Anonymous; and Parents United. 
In addition, the National Center for Missing and Exploited Children and 
Prevent Child Abuse America have endorsed our bill and its House 
counterpart.
  Mr. President, I urge my colleagues to support the Child Abuse 
Prevention and Enforcement Act for the sake of our nation's 
children.
                                 ______