CARE Act of 2005

Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act.

Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform.

Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3582 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3582

To promote the improvement of information on, and protections against, 
                          child sexual abuse.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

Mr. Ney (for himself, Mr. Al Green of Texas, Mr. Bonner, Mr. Gilchrest, 
   Mr. Burton of Indiana, Mr. Kuhl of New York, Mr. Wilson of South 
Carolina, Mr. Chabot, Mr. Jenkins, Mr. Smith of New Jersey, Mr. Wexler, 
Mr. Nadler, Mr. Boustany, Mr. Weldon of Pennsylvania, Mr. Simpson, Mr. 
    Weiner, Mr. Hastings of Florida, and Mr. Filner) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Education and the Workforce, 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 promote the improvement of information on, and protections against, 
                          child sexual abuse.

    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 ``Child Abuse Reform and Enforcement 
Act of 2005'' or ``CARE Act of 2005''.

    TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD 
                            PROTECTION FUNDS

SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.

    (a) Child Abuse Prevention and Treatment Act.--Beginning 1 year 
after the date of the enactment of this Act, the Secretary of Health 
and Human Services shall reduce, by 25 percent, the allocation to a 
State for a fiscal year under title I of the Child Abuse Prevention and 
Treatment Act that does not meet each of the requirements of title II 
of this Act.
    (b) National Child Protection Act of 1993.--Beginning 1 year after 
the date of the enactment of this Act, the Attorney General shall 
reduce, by 25 percent, amounts under a grant under section 4(b) of the 
National Child Protection Act of 1993 to a State for a fiscal year that 
does not meet each of the requirements of title II of this Act.
    (c) Redistribution of Funds.--The Attorney General shall, using 
funds withheld under this section and amounts appropriated pursuant to 
the authorization of appropriations under section 102, provide grants 
to States that meet the requirements of title II of this Act. A grant 
made under this subsection shall be used--
            (1) for the computerization of data and criminal history 
        files for purposes of title II of this Act;
            (2) for the improvement of existing data and computerized 
        criminal history files for purposes of title II of this Act; 
        and
            (3) to assist the State in the transmittal of data and 
        criminal records to, or the indexing of data and criminal 
        history records in, the national data and criminal history 
        systems for purposes of title II of this Act.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS 
              FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    There are authorized to be appropriated for additional grants under 
section 101(c) $50,000,000 for each of the fiscal years 2006 through 
2009.

     TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM

SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR 
              INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.

    (a) State Study of Laws Regarding Intrafamilial and Extrafamilial 
Child Sexual Abuse.--A State meets the requirements of this subsection 
if, not later than 1 year after the date of enactment of this Act, the 
State--
            (1) has studied the laws in the State that apply to 
        intrafamilial and extrafamilial sexual abuse of children; and
            (2) has examined, at a minimum--
                    (A) issues concerning differences in laws 
                applicable to intrafamilial and extrafamilial child 
                sexual abuse;
                    (B) issues concerning disparities in charging and 
                sentencing perpetrators of child sexual abuse, 
                resulting from differences in applicable laws; and
                    (C) issues concerning legislative actions necessary 
                to equalize charging and sentencing of perpetrators of 
                sexual abuse without regard to familial relationship of 
                perpetrator to child victim.
    (b) Report to the Attorney General.--A State meets the requirements 
of this subsection if the State submits to the Attorney General a 
report that contains the results of the study conducted under 
subsection (a).
    (c) Legislative Actions to Equalize Sentencing Requirements.--
            (1) In general.--Except as provided in paragraph (2), a 
        State meets the requirements of this subsection if, not later 
        than 1 year after the date of enactment of this Act, the State 
        has implemented legislative actions necessary to equalize 
        charging and sentencing of perpetrators of sexual abuse without 
        regard to familial relationship of perpetrator to child victim.
            (2) Exception.--The Attorney General may provide for an 
        extension of the 1-year time requirement in paragraph (1) for 
        any State if the Attorney General determines that State 
        legislation (other than legislation appropriating funds) is 
        required to meet the additional requirements imposed by this 
        Act.

SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF 
              CHILDREN.

    A State meets the requirements of this section if the State--
            (1) compiles and analyzes data relating to intrafamilial 
        and extrafamilial sexual abuse of children;
            (2) promotes regulations requiring the gathering of such 
        data by State courts and State agencies for compilation and 
        analysis purposes;
            (3) provides, on an annual basis, to the Attorney General, 
        the Secretary of Health and Human Services, and the Bureau of 
        Justice Statistics a report containing the data referred to in 
        paragraph (1) and a description of the regulations referred to 
        in paragraph (2).
                                 <all>