[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 30932-30933]
[From the U.S. Government Publishing Office, www.gpo.gov]



               CHILD ABUSE PREVENTION AND ENFORCEMENT ACT

  Ms. COLLINS. Mr. President, I now ask unanimous consent that the 
Senate proceed to the consideration of calendar No. 356, H.R. 764.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 764) to reduce the incidence of child abuse 
     and neglect, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:
        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

[[Page 30933]]

     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.

  Ms. COLLINS. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be read a third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 764), as amended, was read the third time and passed.
  Mr. LEAHY. Mr. President, I am pleased that the Senate has approved 
the Child Abuse Prevention and Enforcement Act, which Senator DeWine 
and I recently introduced in the Senate. 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. 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 want to thank the many advocates who support our bill and the 
companion legislation introduced by Representatives Pryce and 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.
  I look forward to the House of Representatives passing the Child 
Abuse Prevention and Enforcement Act for the sake of our nation's 
children.
  Ms. COLLINS. Mr. President, I am sure my colleagues will be as 
pleased as I am to know we have reached the end, at least of this list, 
of the bills that we can clear. We are still hoping to clear some 
additional ones later today.

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