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:
‘‘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.’’.
