article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse and Neglect Enforcement Act''. SEC. 2. ACCESS TO CRIMINAL CONVICTION RECORD INFORMATION BY CERTAIN STATE CHILD PROTECTIVE WORKERS AND CHILD WELFARE WORKERS. (a) Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: ``(g) Information Access.-- ``(1) In general.--The funds available under this subpart for a State shall be reduced by 10 percent and redistributed under paragraph (2) unless the State has in effect throughout the State a law which requires that a law enforcement agency designated by such State make available, on a timely basis, to child protective workers and child welfare workers (in public and private agencies, who, in the course of their official duties, are engaged in the assessment of risk and other actions related to the protection of children, including placement of children in foster care) criminal conviction record information and orders of protection based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. ``(2) Redistribution.--Any funds available for redistribution shall be redistributed to participating States that have in effect a law referred to in paragraph (1). ``(3) Compliance.--The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1), including a requirement that any charge for making available such criminal conviction record information may not exceed the actual cost of making such information available.''. (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ``subsection (f),'' and inserting ``subsections (f) and (g),''. (c) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of each fiscal year succeeding the first fiscal year beginning 2 years after the date of the enactment of this Act. SEC. 3. NEONATAL CONDITIONS CAUSED BY MATERNAL SUBSTANCE ABUSE; AMENDMENT TO PROGRAM OF BLOCK GRANTS TO STATES FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1926 the following section: ``SEC. 1926A. STATE LAW REGARDING NOTIFICATION OF STATE OR LOCAL CHILD- PROTECTION AGENCY IN EVENT OF NEONATAL CONDITION CAUSED BY MATERNAL SUBSTANCE ABUSE. ``(a) Relevant Law.--Subject to subsection (b), for fiscal year 1999 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved requires by law or regulation that-- ``(1) each newborn infant born in the State be tested for physical dependence on any drug; fetal alcohol syndrome; fetal alcohol effects; the presence of alcohol; and the presence of drugs that are associated with substance abuse; and ``(2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified of such fact. ``(b) Delayed Applicability for Certain States.--In the case of a State whose legislature does not convene a regular session in fiscal year 1998, and in the case of a State whose legislature does not convene a regular session in fiscal year 1999, the requirement described in subsection (a) as a condition of a receipt of a grant under section 1921 shall apply only for fiscal year 2000 and subsequent fiscal years. ``(c) Noncompliance of State.--Before making a grant under section 1921 to a State for the first applicable fiscal year or any subsequent fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsection (a). If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with such subsection, the Secretary shall reduce the amount of the allotment under such section for the State for the fiscal year involved by an amount equal to-- ``(1) in the case of the first applicable fiscal year, 10 percent of the amount determined under section 1933 for the State for the fiscal year; ``(2) in the case of the first fiscal year following such applicable fiscal year, 20 percent of the amount determined under section 1933 for the State for the fiscal year; ``(3) in the case of the second such fiscal year, 30 percent of the amount determined under section 1933 for the State for the fiscal year; and ``(4) in the case of the third such fiscal year or any subsequent fiscal year, 40 percent of the amount determined under section 1933 for the State for the fiscal year. ``(d) Definition.--For purposes of this section, the term `first applicable fiscal year' means-- ``(1) fiscal year 2000, in the case of any State described in subsection (b); and ``(2) fiscal year 1999, in the case of any other State.''. SEC. 4. 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 paragraph (25); (2) by striking the period at the end of paragraph (26) and adding ``; and''; and (3) by adding at the end the following: ``(27) enforcing child abuse and neglect laws and programs designed to prevent child abuse and neglect.''. SEC. 5. INCREASE IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984. Section 1402(d)(2) of the Victims of Crime Act of 1984 is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. SEC. 6. STUDY AND REPORT RELATING TO EXTENT OF REPORTING REQUIREMENTS UNDER CHILD ABUSE AND NEGLECT LAWS AND FOSTER CARE AND ADOPTION ASSISTANCE LAWS. (a) Study.--The Comptroller General of the United States shall conduct a study on the number and type of reporting requirements under-- (1) the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq. and other Federal laws relating to child abuse and neglect, including all regulations established under such Act and other laws; and (2) part E of title IV of the Social Security Act (relating to foster care and adoption assistance), including all regulations established under such part. (b) Report by Comptroller General.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Congress and the Secretary of Health and Human Services a report containing-- (A) the results of the study conducted under subsection (a); and (B) recommendations for reducing the number of reporting requirements described in subsection (a). (2) Availability.--The Comptroller General shall make the report available to appropriate State and local agencies and to the public. (c) Analysis of Report by Secretary of Health and Human Services.-- (1) In general.--The Secretary of Health and Human Services shall conduct an analysis of the report of the Comptroller General of the United States under subsection (b). Such analysis shall include appropriate recommendations, if any, of the Secretary for reducing the number of reporting requirements described in subsection (a). (2) Submission.--Not later than 90 days after the date on which the Secretary of Health and Human Services receives the report of the Comptroller General of the United States described in subsection (b), the Secretary shall submit to the Congress the analysis described in paragraph (1). SEC. 7. SENSE OF THE CONGRESS REGARDING INCREASED FUNDING FOR CHILD ADVOCACY CENTERS. It is the sense of the Congress that-- (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such child advocacy centers under title II of the Victims of Child Abuse Act of 1990.
summary: Child Abuse and Neglect Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to provide for a ten percent reduction of drug control and system improvement (Byrne) grants to States that do not have in effect throughout the State a law requiring that a designated law enforcement agency make available to child protective and child welfare workers timely criminal conviction information and protection orders based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. Sets forth provisions regarding redistribution of funds. Directs the Attorney General to issue regulations to ensure compliance. (Sec. 3) Amends title XIX of the Public Health Service Act to authorize the Secretary of Health and Human Services, for FY 1999 and subsequent fiscal years, to make a grant to a State for prevention and treatment of substance abuse only if such State requires by law or regulation that: (1) each newborn infant born in the State be tested for physical dependence on any drug, fetal alcohol syndrome, fetal alcohol effects, the presence of alcohol, and the presence of drugs that are associated with substance abuse; and (2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified. Sets forth provisions regarding: (1) delayed applicability for certain States; and (2) reduction of a State's allotment for noncompliance. (Sec. 4) Amends: (1) the Safe Streets Act to authorize the use of Byrne grants to enforce child abuse and neglect laws and programs; and (2) the Victims of Crime Act of 1984 to increase the set aside for child abuse victims. (Sec. 6) Directs the Comptroller General of the United States to study and report to the Congress and the Secretary on reporting requirements under Federal laws relating to child abuse and neglect and under provisions of the Social Security Act relating to foster care and adoption assistance. Requires the Secretary to conduct an analysis of such report, including any appropriate recommendations for reducing the number of reporting requirements, and submit such analysis to the Congress within 90 days. (Sec. 7) Expresses the sense of the Congress that: (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such centers under the Victims of Child Abuse Act of 1990.