[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Proposed Rules]
[Pages 37-38]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32086]


[[Page Unknown]]

[Federal Register: January 3, 1994]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 81

[AG Order No. 1833-93]

 

Designation of Agencies To Receive and Investigate Reports 
Required Under the Victims of Child Abuse Act

AGENCY: Department of justice.

ACTION: Proposed rule.

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SUMMARY: This proposed rule is intended to carry out the Attorney 
General's responsibilities under the child abuse reporting provisions 
of the Victims of Child Abuse Act of 1990 (VCAA). The VCAA requires 
persons engaged in certain specified professions and activities on 
Federal lands or facilities to report incidents of child abuse to the 
appropriate Federal, State, or local agency designated by the Attorney 
General. In order to facilitate effective reporting, the VCAA requires 
the Attorney General to ``designate an agency'' to receive and 
investigate such reports to child abuse. This proposed rule sets forth 
the Attorney General's proposed designations and certain other matters 
covered by the VCAA's reporting requirements.

DATES: Comments must be received by February 2, 1994.

ADDRESSES: All comments on this proposed rule should be sent to: George 
C. Burgasser, Acting Chief, Child Exploitation and Obscenity Section, 
Criminal Division, Department of Justice, Washington, DC 20530. 
Comments received will be available for public inspection at Washington 
Center Building, 1001 G Street, NW, suite 310, Washington, DC, between 
the hours of 10 a.m. and 4 p.m., Monday through Friday. No oral 
hearings are contemplated.

FOR FURTHER INFORMATION CONTACT: George C. Burgasser, Acting Chief, 
CEOS, Criminal Division, Washington, DC 20530, (202) 514-5780.

SUPPLEMENTARY INFORMATION: The child abuse reporting provisions of the 
Victims of Child Abuse Act (VCAA) were enacted as section 226 of the 
Crime Control Act of 1990, Public Law 101-647, 104 Stat. 4806, codified 
at 42 U.S.C. 13001-13031, 3796aa-3796aa-8, and 18 U.S.C. 403, 2258, and 
3509. As set forth at 42 U.S.C. 13031, the VCAA requires persons 
engaged in certain professional capacities or activities on Federal 
lands or on federally operated facilities (as well as certain 
facilities covered by Federal contracts) to report incidents of child 
abuse occurring on such lands or facilities to an agency designated by 
the Attorney General to receive and investigate such reports. Set forth 
below for public comment is the proposed rule promulgating the Attorney 
General's designation of the agencies to receive and investigate these 
reports of child abuse. Under the provisions of 42 U.S.C. 13031(d), the 
Attorney General may designate non-Federal agencies to receive and 
investigate the child abuse reports, provided that the designations is 
formalized by a written agreement. Under the proposed rule, reports of 
child abuse made pursuant to 42 U.S.C. 13031 are to be submitted to the 
Federal State, or local law enforcement or child protective services 
agency that currently has jurisdiction to investigate reports of child 
abuse or protect child abuse victims in the Federal land area or 
facility in question. Where no agency currently qualifies for 
designation under the rule, the rule designates the Federal Bureau of 
Investigation to receive and investigate the reports of child abuse 
until another agency qualifies for such designation.
    In accordance with 5 U.S.C. 605(b), the Attorney General certifies 
that this rule will not have a significant adverse economic impact on a 
substantial number of small entities. This rule has not been reviewed 
by the Office of Management and Budget pursuant to Executive Order 
12286. This rule does not have federalism implications warranting the 
preparation of a Federalism Assessment in accordance with Executive 
Order 12612. This rule meets the applicable standards provided in 
sections 2(a) and 2(b) of Executive Order 12778.

List of Subjects in 28 CFR Part 81

    Child abuse, Federal buildings and facilities.

    By virtue of the authority vested in me as Attorney General, 
including 28 U.S.C. 509 and 510, 5 U.S.C. 301, 42 U.S.C. 13031, and 
Public Law 101-647 (104 Stat. 4806), part 81 of Chapter I of Title 28 
of the Code of Federal Regulations is proposed to be added as follows:

PART 81--CHILD ABUSE REPORTING DESIGNATIONS AND PROCEDURES

Sec.
81.1  Purpose.
81.2  Submission of reports; designation of agencies to receive 
reports of child abuse.
81.3  Designation of FBI in absence of other agreement.
81.4  Referral of reports.
81.5  Definitions.

    Authority: 28 U.S.C. 509, 510; 42 U.S.C. 13031.


Sec. 81.1  Purpose.

    The regulations in this part designate the agencies that are 
authorized to receive and investigate reports of child abuse under the 
provisions of 42 U.S.C. 13031.


Sec. 81.2  Submission of reports; designation of agencies to receive 
reports of child abuse.

    Reports of child abuse required by 42 U.S.C. 13031 shall be made to 
the local law enforcement agency or local child protective services 
agency that has jurisdiction to investigate reports of child abuse or 
to protect child abuse victims in the land area or facility in 
question. Such agencies are hereby respectively designated as the 
agencies to receive and investigate such reports, pursuant to 42 U.S.C. 
13031(d), with respect to Federal lands and federally operated or 
contracted facilities within their respective jurisdictions, provided 
that such agencies, if non-Federal, enter into formal written 
agreements to do so with the Attorney General, her delegate, or a 
Federal agency with jurisdiction for the area or facility in question.


Sec. 81.3  Designation of FBI.

    For Federal lands, federally operated facilities, or federally 
contracted facilities where no agency qualifies for designation under 
Sec. 81.2 of this part, the Federal Bureau of Investigation is hereby 
designated as the agency to receive and investigate reports of child 
abuse made pursuant to 42 U.S.C. 13031 until such time as another 
agency qualifies as a designated agency under Sec. 81.2.


Sec. 81.4  Referral of reports.

    Where a report of child abuse received by a designated agency that 
is not a law enforcement agency involves allegations of sexual abuse, 
serious physical injury, or life-threatening neglect of a child, that 
agency shall immediately report such occurrence to a law enforcement 
agency with authority to take emergency action to protect the child.


Sec. 81.5  Definitions.

    Local child protective services agency means that agency of the 
Federal Government, of a State, or of a local government that has the 
primary responsibility for child protection within a particular portion 
of the Federal lands, a particular federally operated facility, or a 
particular federally contracted facility in which children are cared 
for or reside.
    Local law enforcement agency means that Federal, State, or local 
law enforcement agency that has the primary responsibility for the 
investigation of an instance of alleged child abuse occurring within a 
particular portion of the Federal lands, a particular federally 
operated facility, or a particular federally contracted facility in 
which children are cared for or reside.

    Dated: December 23, 1993.
Janet Reno,
Attorney General.
[FR Doc. 93-32086 Filed 12-30-93; 8:45 am]
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