102d CONGRESS
2d Session
S. 838
AMENDMENT
S 838 EAH
In the House of Representatives, U. S.,
April 7, 1992.
Resolved, That the bill from the Senate (S. 838) entitled `An Act to
amend the Child Abuse Prevention and Treatment Act to revise and extend
programs under such Act, and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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(a) SHORT TITLE- This Act may be cited as the `Child Abuse, Domestic
Violence, Adoption and Family Services Act of 1992'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

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TITLE I

-CHILD ABUSE PREVENTION AND TREATMENT ACT

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demonstration or service programs and projects.

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Subtitle C--Community-Based Prevention Grants

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Subtitle D--Certain Preventive Services Regarding Children of Homeless
Families or Families at Risk of Homelessness

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TITLE III

-REAUTHORIZATION OF PROGRAMS WITH RESPECT TO FAMILY VIOLENCE

TITLE IV

-REAUTHORIZATION OF PROGRAMS WITH RESPECT TO ADOPTION

Except as otherwise provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to that
section or other provision of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 et seq.).

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(a) IN GENERAL- The Act is amended by inserting after section 1 the
following new section:
`SEC. 2. FINDINGS.
`Congress finds that--
`(1) each year, hundreds of thousands of American children are victims
of abuse and neglect with such numbers having increased dramatically over
the past decade;
`(2) many of these children and their families fail to receive adequate
protection or treatment;
`(3) the problem of child abuse and neglect requires a comprehensive
approach that--
`(A) integrates the work of social service, legal, health, mental health,
education, and substance abuse agencies and organizations;
`(B) strengthens coordination among all levels of government, and with
private agencies, civic, religious, and professional organizations, and
individual volunteers;
`(C) emphasizes the need for abuse and neglect prevention, investigation,
and treatment at the neighborhood level;
`(D) ensures properly trained and support staff with specialized knowledge,
to carry out their child protection duties; and
`(E) is sensitive to ethnic and cultural diversity;
`(4) the failure to coordinate and comprehensively prevent and treat
child abuse and neglect threatens the futures of tens of thousands of
children and results in a cost to the Nation of billions of dollars in
direct expenditures for health, social, and special educational services
and ultimately in the loss of work productivity;
`(5) all elements of American society have a shared responsibility in
responding to this national child and family emergency;
`(6) substantial reductions in the prevalence and incidence of child abuse
and neglect and the alleviation of its consequences are matters of the
highest national priority;
`(7) national policy should strengthen families to remedy the causes
of child abuse and neglect, provide support for intensive services to
prevent the unnecessary removal of children from families, and promote
the reunification of families if removal has taken place;
`(8) the child protection system should be comprehensive, child-centered,
family-focused, and community-based, should incorporate all appropriate
measures to prevent the occurrence or recurrence of child abuse and
neglect, and should promote physical and psychological recovery and social
re-integration in an environment that fosters the health, self-respect,
and dignity of the child;
`(9) because of the limited resources available in low-income communities,
Federal aid for the child protection system should be distributed with
due regard to the relative financial need of the communities;
`(10) the Federal government should ensure that every community in the United
States has the fiscal, human, and technical resources necessary to develop
and implement a successful and comprehensive child protection strategy;
`(11) the Federal government should provide leadership and assist communities
in their child protection efforts by--
`(A) promoting coordinated planning among all levels of government;
`(B) generating and sharing knowledge relevant to child protection,
including the development of models for service delivery;
`(C) strengthening the capacity of States to assist communities;
`(D) allocating sufficient financial resources to assist States in
implementing community plans;
`(E) helping communities to carry out their child protection plans by
promoting the competence of professional, paraprofessional, and volunteer
resources; and
`(F) providing leadership to end the abuse and neglect of the nation's
children and youth.'.
(b) CONFORMING AMENDMENT- The table of contents of the Act is amended by
inserting after the item relating to section 1 the following new item:
`Sec. 2. Findings.'.
Subtitle B--General Program

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(a) DUTIES- Section 102(f) (42 U.S.C. 5102(f)) is amended--
(1) in paragraph (2), by striking `and' after the semicolon at the end of
subparagraph (E);
(2) in paragraph (3), by striking the period and inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(4) not later than 24 months after the date of the enactment of the Child
Abuse Programs, Adoption Opportunities, and Family Violence Prevention
Amendments Act of 1992, submit to the Secretary and the appropriate
committees of the Congress a report containing the recommendations of the
Board with respect to--
`(A) a national policy designed to reduce and ultimately to prevent child
and youth maltreatment-related deaths, detailing appropriate roles and
responsibilities for State and local governments and the private sector;
`(B) specific changes needed in Federal laws and programs to achieve an
effective Federal role in the implementation of the policy specified in
subparagraph (A); and
`(C) specific changes needed to improve national data collection with
respect to child and youth maltreatment-related deaths.'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 102 (42 U.S.C. 5102) is
amended by adding at the end thereof the following new subsection:
`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this section, $1,000,000 for fiscal year 1992, and such sums
as may be necessary for each of the fiscal years 1993 through 1995.'.

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ABUSE AND NEGLECT.
(a) RESEARCH TOPICS- Section 105(a)(1) (42 U.S.C. 5105(a)(1)) is amended--
(1) in subparagraph (A), by striking `and treatment of' and inserting `,
treatment and cultural distinctions of';
(2) in subparagraph (B), by striking `appropriate and effective' and
inserting `appropriate, effective and culturally sensitive'; and
(3) in subparagraph (C)(ii), by inserting `cultural diversity,' after
`child support,'.
(b) PUBLICATION AND DISSEMINATION OF INFORMATION- Section 105(b)(1)
(42 U.S.C. 5105(b)(1)) is amended to read as follows:
`(1) as a part of research activities, establish a national data collection
and analysis program--
`(A) which, to the extent practicable, coordinates existing State child
abuse and neglect reports and which shall include--
`(i) standardized data on false, unfounded, or unsubstantiated reports; and
`(ii) information on the number of deaths due to child abuse and neglect; and
`(B) which shall collect, compile, analyze, and make available State child
abuse and neglect reporting information which, to the extent practical,
is universal and case specific, and integrated with other case-based foster
care and adoption data collected by the Secretary;'.
(c) PEER REVIEW FOR GRANTS- Section 105(e) (42 U.S.C. 5105(e)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting `and reviewing' after `evaluating'; and
(B) by amending subparagraph (B) to read as follows:
`(B) In establishing the process required by subparagraph (A), the Secretary
shall appoint to the peer review panels only members who are experts in the
field of child abuse and neglect or related disciplines, with appropriate
expertise in the application to be reviewed, and who are not individuals
who are officers or employees of the Office of Human Development. The
panels shall meet as often as is necessary to facilitate the expeditious
review of applications for grants and contracts under this section, but
may not meet less than once a year.';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting `and evaluate' after `determine'; and
(B)(i) by striking `and' after the semicolon at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B) and inserting
`; and'; and
(iii) by adding at the end the following new subparagraph:
`(C) make recommendations to the Secretary concerning whether the application
for the project shall be approved.'; and
(3) in paragraph (3), by amending subparagraph (A) to read as follows:
`(A) The Secretary shall provide grants and contracts under this section
from among the projects which the peer review panels established under
paragraph (1)(A) have determined to have merit.'.

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DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS.
(a) GENERAL AUTHORITY- Section 106(a) (42 U.S.C. 5106(a)) is amended--
(1) by striking `(a)' and all that follows through `Secretary' and inserting
the following:
`(a) GENERAL AUTHORITY-
`(1) DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS- The Secretary'; and
(2) by adding at the end the following paragraph:
`(2) EVALUATIONS- In making grants or entering into contracts for
demonstration projects, the Secretary shall require all such projects to
be evaluated for their effectiveness. Funding for such evaluations shall
be provided either as a stated percentage of a demonstration grant or
contract, or as a separate grant or contract entered into by the Secretary
for the purpose of evaluating a particular demonstration project or group
of projects.'.
(b) DISCRETIONARY GRANTS- Section 106(c)(1) (42 U.S.C. 5106(c)(1))
is amended--
(1) in subparagraph (B), by inserting `culturally specific' before
`instruction'; and
(2)(A) in subparagraph (A), by striking `or' after the semicolon at the end;
(B) in subparagraph (B), by striking the period and inserting `; or'; and
(C) by adding at the end the following subparagraph:
`(C) to improve the recruitment, selection, and training of volunteers
serving in private and public nonprofit children, youth and family
service organizations in order to prevent child abuse and neglect through
collaborative analysis of current recruitment, selection, and training
programs and development of model programs for dissemination and replication
nationally.'.

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(a) DEVELOPMENT AND OPERATION GRANTS- Section 107(a) (42 U.S.C. 5106a(a))
is amended to read as follows:
`(a) DEVELOPMENT AND OPERATION GRANTS- The Secretary, acting through
the Center, shall make grants to the States, based on the population of
children under the age of 18 in each State that applies for a grant under
this section, for purposes of assisting the States in improving the child
protective service system of each such State in--
`(1) the intake and screening of reports of abuse and neglect through the
improvement of the receipt of information, decisionmaking, public awareness,
and training of staff;
`(2)(A) investigating such reports through improving response time,
decisionmaking, referral to services, and training of staff;
`(B) creating and improving the use of multidisciplinary teams and
interagency protocols to enhance investigations; and
`(C) improving legal preparation and representation;
`(3) case management and delivery services provided to families through the
improvement of response time in service provision, improving the training
of staff, and increasing the numbers of families to be served;
`(4) enhancing the general child protective system by improving assessment
tools, automation systems that support the program, information referral
systems, and the overall training of staff to meet minimum competencies; or
`(5) developing, strengthening, and carrying out child abuse and neglect
prevention, treatment, and research programs.
Not more than 15 percent of a grant under this subsection may be expended
for carrying out paragraph (5). The preceding sentence does not apply to
any program or activity authorized in any of paragraphs (1) through (4).'.
(b) ESTABLISHMENT OF CERTAIN REQUIREMENT- Section 107 (42 U.S.C. 5106a)
is amended--
(1) by redesignating subsections (c) through (f) as subsections (d) through
(g), respectively; and
(2) by inserting after subsection (b) the following new subsection:
`(c) STATE PROGRAM PLAN- To be eligible to receive a grant under this
section, a State shall submit every four years a plan to the Secretary
that specifies the child protective service system area or areas described
in subsection (a) that the State intends to address with funds received
under the grant. The plan shall describe the current system capacity of
the State in the relevant area or areas from which to assess programs with
grant funds and specify the manner in which funds from the State's programs
will be used to make improvements. The plan required under this subsection
shall contain, with respect to each area in which the State intends to use
funds from the grant, the following information with respect to the State:
`(1) INTAKE AND SCREENING-
`(A) STAFFING- The number of child protective service workers responsible
for the intake and screening of reports of abuse and neglect relative to
the number of reports filed in the previous year.
`(B) TRAINING- The types and frequency of pre-service and in-service training
programs available to support direct line and supervisory personnel in
report-taking, screening, decision-making, and referral for investigation.
`(C) PUBLIC EDUCATION- An assessment of the State or local agency's public
education program with respect to--
`(i) what is child abuse and neglect;
`(ii) who is obligated to report and who may choose to report; and
`(iii) how to report.
`(2) INVESTIGATION OF REPORTS-
`(A) RESPONSE TIME- The number of reports of child abuse and neglect
filed in the State in the previous year where appropriate, the agency
response time to each with respect to initial investigation, the number
of substantiated and unsubstantiated reports, and where appropriate,
the response time with respect to the provision of services.
`(B) STAFFING- The number of child protective service workers responsible
for the investigation of child abuse and neglect reports relative to the
number of reports investigated in the previous year.
`(C) INTERAGENCY COORDINATION- A description of the extent to which
interagency coordination processes exist and are available Statewide, and
whether protocols or formal policies governing interagency relationships
exist in the following areas--
`(i) multidisciplinary investigation teams among child welfare and law
enforcement agencies;
`(ii) interagency coordination for the prevention, intervention and treatment
of child abuse and neglect among agencies responsible for child protective
services, criminal justice, schools, health, mental health, and substance
abuse; and
`(iii) special interagency child fatality review panels, including a
listing of those agencies that are involved.
`(D) TRAINING- The types and frequency of pre-service and in-service training
programs available to support direct line and supervisory personnel in such
areas as investigation, risk assessment, court preparation, and referral
to and provision of services.
`(E) LEGAL REPRESENTATION- A description of the State agency's current
capacity for legal representation, including the manner in which workers
are prepared and trained for court preparation and attendance, including
procedures for appealing substantiated reports of abuse and neglect.
`(3) CASE MANAGEMENT AND DELIVERY OF ONGOING FAMILY SERVICES- For children
for whom a report of abuse and neglect has been substantiated and the
children remain in their own homes and are not currently at risk of
removal, the State shall assess the activities and the outcomes of the
following services:
`(A) RESPONSE TIME- The number of cases opened for services as a result of
investigation of child abuse and neglect reports filed in the previous year,
including the response time with respect to the provision of services from
the time of initial report and initial investigation.
`(B) STAFFING- The number of child protective service workers responsible
for providing services to children and their families in their own homes
as a result of investigation of reports of child abuse and neglect.
`(C) TRAINING- The types and frequency of pre-service  and in-service
training programs available to support direct line and supervisory personnel
in such areas as risk assessment, court preparation, provision of services
and determination of case disposition, including how such training is
evaluated for effectiveness.
`(D) INTERAGENCY COORDINATION- The extent to which treatment services for
the child and other family members are coordinated with child welfare,
social service, mental health, education, and other agencies.
`(4) GENERAL SYSTEM ENHANCEMENT-
`(A) AUTOMATION- A description of the capacity of current automated systems
for tracking reports of child abuse and neglect from intake through final
disposition and how personnel are trained in the use of such system.
`(B) ASSESSMENT TOOLS- A description of whether, how, and what risk
assessment tools are used for screening reports of abuse and neglect,
determining whether child abuse and neglect has occurred, and assessing the
appropriate level of State agency protection and intervention, including
the extent to which such tool is used statewide and how workers are trained
in its use.
`(C) INFORMATION AND REFERRAL- A description and assessment of the extent
to which a State has in place--
`(i) information and referral systems, including their availability
and ability to link families to various child welfare services such as
homemakers, intensive family-based services, emergency caretakers, home
health visitors, daycare and services outside the child welfare system
such as housing, nutrition, health care, special education, income support,
and emergency resource assistance; and
`(ii) efforts undertaken to disseminate to the public information concerning
the problem of child abuse and neglect and the prevention and treatment
programs and services available to combat instances of such abuse and
neglect.
`(D) STAFF CAPACITY AND COMPETENCE- An assessment of basic and specialized
training needs of all staff and current training provided staff. Assessment
of the competencies of staff with respect to minimum knowledge in areas
such as child development, cultural and ethnic diversity, functions and
relationship of other systems to child protective services and in specific
skills such as interviewing, assessment, and decisionmaking relative
to the child and family, and the need for training consistent with such
minimum competencies.
`(5) INNOVATIVE APPROACHES- A description of--
`(A) research and demonstration efforts for developing, strengthening, and
carrying out child abuse and neglect prevention, treatment, and research
programs, including the interagency efforts at the State level; and
`(B) the manner in which proposed research and development activities
build on existing capacity in the programs being addressed.'.
(c) TECHNICAL CORRECTION- Section 107(d), as redesignated by subsection
(b) of this section, is amended in the matter preceding subparagraph (A)
by striking `this subsection' and inserting `subsection (a)'.
(d) DELAYED EFFECTIVE DATE FOR NEW REQUIREMENTS- The amendments described
in subsections (a) and (b) are made upon the date of the enactment of this
Act. Such amendments take effect on October 1, 1993, or on October 1 of
the first fiscal year for which $40,000,000 or more is made available under
subsection (a)(2)(B)(ii) of section 114 of the Child Abuse Prevention and
Treatment Act (as amended by section 117 of this Act), whichever occurs
first. Prior to such amendments taking effect, section 107(a) of the Child
Abuse Prevention and Treatment Act, as in effect on the day before the
date of the enactment of this Act, continues to be in effect.

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(a) IN GENERAL- Section 107A(e) (42 U.S.C. 5106a-1(e)) is amended
by striking out `and such sums' and all that follows through the end
thereof and inserting `such sums as may be necessary for fiscal year 1991,
$40,000,000 for fiscal year 1992, and such sums as may be necessary for
each of the fiscal years 1993 through 1995.'.
(b) TECHNICAL AMENDMENT- Section 1 is amended in the table of contents by
inserting after the item relating to section 107 the following:
`Sec. 107A. Emergency child abuse prevention services grant.'.

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(a) IN GENERAL- Section 109 (42 U.S.C. 5106c) is amended--
(1) by striking out the section heading and inserting in lieu thereof
the following:
`SEC. 109. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION AND
PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.';
(2) in subsection (a), by striking out paragraphs (1) and (2), and inserting
in lieu thereof the following new paragraphs:
`(1) the handling of child abuse and neglect cases, particularly cases of
child sexual abuse and exploitation, in a manner which limits additional
trauma to the child victim;
`(2) the handling of cases of suspected child abuse or neglect related
fatalities; and
`(3) the investigation and prosecution of cases of child abuse and neglect,
particularly child sexual abuse and exploitation.';
(3) in subsection (b)--
(A) by striking out `and 107(e) or receive a waiver under section 107(c)'
in paragraph (1);
(B) by striking out `and' at the end of paragraph (3);
(C) by inserting `annually' after `submit' in paragraph (4); and
(D) by striking out the period at the end thereof and inserting the
following: `; and
`(5) submit annually to the Secretary a report on the manner in which
assistance received under this program was expended throughout the State,
with particular attention focused on the areas described in paragraphs
(1) through (3) of subsection (a).';
(4) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting `, and maintain' after `designate'; and
(ii) by striking out `child abuse' and inserting in lieu thereof `child
physical abuse, child neglect, child sexual abuse and exploitation, and
child maltreatment related fatalities';
(B) by striking out `judicial and legal officers', in subparagraph (B)
and inserting in lieu thereof `judges and attorneys involved in both civil
and criminal court proceedings related to child abuse and neglect';
(C) by inserting before the semicolon in subparagraph (C), the following:
`, including both attorneys for children and, where such programs are in
operation, court appointed special advocates';
(D) by striking out subparagraph (E); and
(E) by striking out `handicaps;' in subparagraph (F), and inserting in
lieu thereof `disabilities; and'; and
`(G) by striking out subparagraph (G) and redesignating subparagraph (H)
as subparagraph (G);
(5) in subsection (d)--
(A) by striking out `the State task force shall' in the matter preceding
paragraph (1), and inserting in lieu thereof `and at three year intervals
thereafter, the State task force shall comprehensively';
(B) by striking out `judicial' and all that follows in paragraph (1),
and inserting in lieu thereof the following: `both civil and criminal
judicial handling of cases of child abuse and neglect, particularly child
sexual abuse and exploitation, as well as cases involving suspected child
maltreatment related fatalities and cases involving a potential combination
of jurisdictions, such as interstate, Federal-State, and State-Tribal;';
(C) by inserting `policy and training' before `recommendations' in paragraph
(2); and
(6) in subsection (e)(1)--
(A) by striking out `child abuse' and all that follows through `child
victim' in subparagraph (A), and inserting in lieu thereof the following:
`child abuse and neglect, particularly child sexual abuse and exploitation,
as well as cases involving suspected child maltreatment related fatalities
and cases involving a potential combination of jurisdictions, such as
interstate, Federal-State, and State-Tribal, in a manner which reduces
the additional trauma to the child victim and the victim's family';
(B) by striking out `improve the rate' and all that follows through `abuse
cases' in subparagraph (B), and inserting in lieu thereof the following:
`improve the prompt and successful resolution of civil and criminal court
proceedings or enhance the effectiveness of judicial and administrative
action in child abuse and neglect cases, particularly child sexual abuse
and exploitation cases, including the enhancement of performance of
court-appointed attorneys and guardians ad litem for children'; and
(C) in subparagraph (C)--
(i) by inserting `, protocols' after `regulations'; and
(ii) by inserting `and exploitation' after `sexual abuse'.
(b) CONFORMING AMENDMENT- Section 1 is amended in the item relating to
section 109 in the table of contents by striking `Grants' and all that
follows and inserting the following: `Grants to States for programs relating
to the investigation and prosecution of child abuse and neglect cases.'.

66ea57b848272091e2a1c6f54cb2f290f3f6fe4a543e3e0691dab361ef361e99

Section 114(a) (42 U.S.C. 5106h(a)) is amended to read as follows:
`(a) IN GENERAL-
`(1) AUTHORIZATION- There are authorized to be appropriated to carry out this
title, except for section 107A, $100,000,000 for fiscal year 1992, and such
sums as may be necessary for each of this fiscal years 1993 through 1995.
`(2) ALLOCATIONS-
`(A) Of the amounts appropriated under paragraph (1) for a fiscal year,
$5,000,000 shall be available for the purpose of making additional grants
to the States to carry out the provisions of section 107(g).
`(B) Of the amounts appropriated under paragraph (1) for a fiscal year
and available after compliance with subparagraph (A)--
`(i) 33 1/3  percent shall be available for activities under sections 104,
105 and 106; and
`(ii) 66 2/3  percent of such amounts shall be made available in each such
fiscal year for activities under sections 107 and 108.'.
Subtitle C--Community-Based Prevention Grants

eba3eccb7d0d322ce4d267d8aa78aeb4a94cd256c3d2210ae83c7ae1d7a0fac9

(a) TITLE HEADING- The heading for title II (42 U.S.C. 5116 et seq.) is
amended to read as follows:
`TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS'.
(b) PURPOSE- Section 201 (42 U.S.C. 5116) is amended--
(1) in the section heading to read as follows:
`SEC. 201. PURPOSES.'; and
(2) by striking out subsections (a) and (b) and inserting in lieu thereof
the following:
`It is the purpose of this title, through the provision of community-based
child abuse and neglect prevention grants, to assist States in supporting
child abuse and neglect prevention activities.'.

a99171aa1f191bd819cce19d457db7f9d3145f8c195cc2690539c9c4ccdb4fa6

Section 203 (42 U.S.C. 5116b) is amended--
(1) by striking out subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b) (as so redesignated), by striking out `such sums'
and all that follows through the period and inserting in lieu thereof
`$45,000,000 for fiscal year 1992, and such sums as may be necessary for
each of the fiscal years 1993 through 1995.'.

015cfee734928c88438db85659309be9ac46e7b0025a5fcee1efa26a5395a92e

Section 204 (42 U.S.C. 5116c) is amended--
(1) by striking out `or other funding mechanism'; and
(2) by striking out `which is available only for child' and all that
follows through the end thereof, and inserting `which includes (in whole
or in part) legislative provisions making funding available only for the
broad range of child abuse and neglect prevention activities.'.

a462c913dbce4d4f11913ebe260ffd127844593c7fd9029f76b76f55288e9d57

Section 205 (42 U.S.C. 5116d) is amended--
(1) by striking out paragraph (1) of subsection (a) and inserting in lieu
thereof the following new paragraph:
`(1) ALLOTMENT FORMULA-
`(A) IN GENERAL- Amounts appropriated to provide grants under this title
shall be allotted among eligible States in each fiscal year so that--
`(i) 50 percent of the total amount appropriated is allotted among each
State based on the number of children under the age of 18 in each such
State, except that each State shall receive not less than $30,000; and
`(ii) the remaining 50 percent of the total amount appropriated is allotted
in an amount equal to 25 percent of the total amount collected by each such
State, in the fiscal year prior to the fiscal year for which the allotment
is being determined, for the children's trust fund of the State for child
abuse and neglect prevention activities.
`(B) USE OF AMOUNTS- Not less than 50 percent of the amount of a grant
made to a State under this title in each fiscal year shall be utilized
to support community-based prevention programs as authorized in section
204(a), except that this subparagraph shall not become applicable until
amounts appropriated under section 203(b) exceed $10,000,000.'; and
(2) in subsection (b)(1)--
(A) by striking out `trust fund advisory board' and all that follows
through `section 101' in subparagraph (A) and inserting in lieu thereof
`advisory board established under section 102';
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (F) and
(G), respectively; and
(C) by inserting after subparagraph (A), the following new subparagraphs:
`(B) demonstrate coordination with other child abuse and neglect prevention
activities and agencies at the State and local levels;
`(C) demonstrate the outcome of services and activities funded under
this title;
`(D) provide evidence that Federal assistance received under this title
has been supplemented with non-Federal public and private assistance
(including in-kind contributions) at the local level (Federal assistance
expended in support of activities authorized under paragraphs (1), (2),
and (3) of section 204 shall be supplemented by State assistance);
`(E) demonstrate the extent to which funds received under this title are
used to support community prevention activities in underserved areas,
in which case the supplemental support required under subparagraph (D)
shall be waived for the first 3 years in which assistance is provided to
a grantee described in this subparagraph;'.
Subtitle D--Certain Preventive Services Regarding Children of Homeless
Families or Families at Risk of Homelessness

749e87f23b65ca11ad92453e5b1aab0c14d560347e01b0dfc876d0f60ecaedf4

Section 306(a) (42 U.S.C. 5118e(a)) is amended by inserting `, and such
sums as may be necessary for each of the fiscal years 1993 through 1995'
before the period.
Subtitle E--Miscellaneous Provisions

3e70cc4739b82a43d3126975e37eab04f6cd645efc79b4415ad2f013d0f1784a

The Act (42 U.S.C. 5101 et seq.) is amended--
(1) by striking `handicapped child' each place such term appears and
inserting `child with disabilities';
(2) by striking `child with handicaps' each place such term appears and
inserting `child with disabilities';
(3) by striking `handicap' each place such term appears and inserting
`disability';
(4) by striking `handicapped' each place such term appears and inserting
`disabled'; and
(5) in the case of any variation of a term struck by paragraph (1), (2),
(3), or (4)  that results from the capitalization of any of the letters
of such term, from the use of the plural or the singular, from the use
of the possessive, from the use of a different tense, from the use of a
different form of typeface, or from any combination thereof, by striking
such variation each place the variation appears and inserting the analogous
variation of the term inserted in lieu of the term struck by paragraph (1),
(2), (3), or (4), respectively.

803c95121270c8d908061a90b8be725f3cc6a4dfc54603719603310cbff03843

Not later than April 30, 1993, and annually thereafter, the Secretary of
Health and Human Services, acting through the Director of the National Center
on Child Abuse and Neglect, shall prepare and submit to the appropriate
committees of Congress a report concerning the measures being taken to
assist States in implementing a voluntary reporting system for child
abuse and neglect. Such reports shall contain information concerning the
extent to which the child abuse and neglect reporting systems developed
by the States are coordinated with the automated foster care and adoption
reporting system required under section 479 of the Social Security Act.
NURSERIES ACT

1727441cdf5819ec451e9db68ec363481e485d6a8bc7da4bdb79ecddbbabb57a

This title may be cited as the `Temporary Child Care for Children With
Disabilities and Crisis Nurseries Act Amendments of 1992'.

b41f541800af4daf3441d0d12c27e3d56fdd764d505c352beb6e2ca01a60fb4c

TITLE II

-TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS

(a) DEFINITIONS- Section 205(d)(2) of the Temporary Child Care for Children
With Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117c(d)(2))
is amended by striking `given' and all that follows and inserting the
following: `given such term in section 602(a)(1) of the Individuals with
Disabilities Education Act;'.
(b) TECHNICAL AMENDMENT- Section 205(a)(1)(A)(vi) of the Temporary Child
Care for Children With Disabilities and Crisis Nurseries Act of 1986 (42
U.S.C. 5117c(a)(1)(A)(vi)) is amended by striking out `(vi)' and inserting
in lieu thereof `(v)'.

0915f35785279da02036e8ffed630fe1c40494bf407022d176add3cd3a95d588

Section 206 of the Temporary Child Care for Children With Disabilities
and Crisis Nurseries Act of 1986 (42 U.S.C. 5117d) is amended in the
first sentence--
(1) by striking `and' after `1989,'; and
(2) by inserting before the period the following: `, and $20,000,000 for
each of the fiscal years 1992 through 1995'.

d30709c96eaf197775df082e66e32c5a7d09b32b76f6ad824d32400cc573bb60

Except as otherwise provided, whenever in this title an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to that section
or other provision of the Family Violence Prevention and Services Act
(42 U.S.C. 10401 et seq.).

688517d2fdab8ca90176c18001d206bd8a9d9f678109ad888d357eb95dce0120

Section 302 (42 U.S.C. 10401) is amended--
(1) in paragraph (1)--
(A) by striking out `demonstration the effectiveness of assisting' and
inserting in lieu thereof `assist'; and
(B) by striking out `to prevent' and inserting in lieu thereof `to increase
public awareness about and prevent'; and
(2) in paragraph (2), by inserting `, courts, legal, social service,
and health care professionals' after `(including law enforcement agencies'.

dc6899437bc0d1c30be18d10b59bb3a6805375cef82797e2da67648d1f086829

Section 303(a) (42 U.S.C. 10402(a)) is amended--
(1) in paragraph (1), by striking out `demonstration grants' and inserting
in lieu thereof `grants'; and
(2) in paragraph (2)--
(A) by striking out `demonstration grant' in the matter preceding
subparagraph (A), and inserting in lieu thereof `grant';
(B) by striking out `demonstration grant' in subparagraph (A), and inserting
in lieu thereof `grant'; and
(C) by striking out `particularly those projects' in subparagraph (B)(ii)
and all that follows through the end thereof, and inserting in lieu thereof
the following: `the primary purpose of which is to operate shelters for
victims of family violence and their dependents, and those which provide
counseling, advocacy, and self-help services to victims and their children.'.

910bf40299d0670477e9b0af6d5283b80d71ed2bc097c85b8d4704f518ebf2eb

Section 303(a)(2)(C) (42 U.S.C. 10402(a)(2)(C)) is amended by inserting
`State domestic violence coalitions' after `involve'.

63b1d5833a40e56e5e69806e28aeaefe019fe6c53d5fadb8f5a8f49737549e30

Section 303(a)(2)(E) (42 U.S.C. 10402(a)(2)(E)) is amended by striking
out `assurances that procedures will be developed' and inserting in lieu
thereof `documentation that procedures have been developed, and implemented
including copies of the policies and procedure,'.

b265c7e38979f53bf375b2703862b7dd189748966f7269832090a3b55f33c213

Section 303(a)(2)(F) (42 U.S.C. 10402(a)(2)(F)) is amended to read as
follows:
`(F) provide documentation to the Secretary that the State has a law or
procedure that has been implemented for the eviction of an abusing spouse
from a share household;'.

a3ca79923e87f6d8f56ea98b3b773c511e8ed20d5a929869e85db7d126576f87

Section 303(a)(3) (42 U.S.C. 10402(a)(3)) is amended--
(1) by inserting `a 6-month period providing an' before `opportunity'; and
(2) by adding at the end thereof the following new sentences: `The Secretary
shall provide such notice within 45 days of the date of the application
if any of the provisions of paragraph (2) have not been satisfied in
such application. If the State has not corrected the deficiencies in
such application within the 6-month period following the receipt of
the Secretary's notice of intention to disapprove, the Secretary shall
withhold payment of any grant funds to such State until the date that is
30 days prior to the end of the fiscal year for which such grant funds are
appropriated or until such time as the State provides documentation that the
deficiencies have been corrected, whichever occurs first. State Domestic
Violence Coalitions shall be permitted to participate in determining
whether a grantee is in compliance with paragraph (2), except that no
funds made available to State Domestic Violence Coalitions under section
311 shall be used to challenge a determination as to whether a grantee
is in compliance with, or to seek the enforcement of, the eligibility
requirements of such paragraph.'.

f9152f0205771533eb8a0fb29e71314fec8f335b38e1bbb6548170ebd38e3f58

Section 303(b) (42 U.S.C. 10402(b)) is amended--
(1) in paragraph (1)--
(A) by striking out `is authorized to make demonstration grants' and
inserting in lieu thereof `, from amounts appropriated to carry out this
section, shall make available not less than 10 percent of such amounts to
make grants';
(B) by striking out `and tribal' and inserting in lieu thereof `,
tribal'; and
(C) by inserting `and nonprofit private organizations approved by an Indian
Tribe for the operation of a family violence shelter on a Reservation',
after `tribal organizations';
(2) in paragraph (2)--
(A) by striking out `demonstration grant' and inserting in lieu thereof
`grant';
(B) by striking out `and (E)' and inserting in lieu thereof `(E) and
(F)'; and
(C) by adding at the end thereof the following new sentence: `No entity
eligible to submit an application under paragraph (1) shall be prohibited
from making an application during any fiscal year for which funds are
available because such entity has not previously applied or received
funding under this section.'; and
(3) by adding at the end the following new paragraph:
`(3) In the case of a project for which the initial application for a
demonstration grant under this subsection is made on or after the date
of the enactment of the Child Abuse Programs, Adoption Opportunities,
and Family Violence Prevention Amendments Act of 1992, the terms `Indian
tribe' and `tribal organization', for purposes of this subsection, have
the meaning given such terms in section 4 of the Indian Self-Determination
and Education Assistance Act.'.

df8cb8d9b69c370784b8f1bf387bdc003fd76225589b95c2fc21702ec90143d7

(a) IN GENERAL- Section 303 (42 U.S.C. 10402) is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsections (d) through (g) as subsections (c) through
(f), respectively.
(b) EFFECTIVITY OF AMENDMENTS- The amendments made by subsection (a)
are effective in the case of amounts appropriated for fiscal year 1992
and subsequent fiscal years.

fbfe9a9e0c1fec4c670f0d52322fbcad241e400451a1b8d6050c3335902c1b6e

Section 303(e) (as redesignated by section 309 of this Act) is amended--
(1) in the first sentence--
(A) by striking out `demonstration grant' and inserting in lieu thereof
`grant';
(B) by inserting `or an Indian Tribe' after `State';
(C) by striking out `35 percent' and inserting in lieu thereof `20 percent';
(D) by striking out `55 percent' and inserting in lieu thereof `35 percent';
(E) by striking out `and 65 percent in the third such year' and inserting
in lieu thereof `and 50 percent in the third such year and in any such
year thereafter'; and
(2) in the second sentence, by striking out `50 percent' and inserting in
lieu thereof `25 percent'.

88a76b873a3b3ea2952920c593b09461584652d7c9d700ba4ed60472f58f8ea5

(a) SHELTER- Section 303(f) (42 U.S.C. 10402(g)) (as so redesignated by
section 309) is amended--
(1) by striking out `60 percent' and inserting in lieu thereof `70
percent'; and
(2) by inserting before the period the following `as defined in section
309(4). Not less than 25 percent of the funds distributed under subsection
(a) or (b) shall be distributed for the purpose of providing related
assistance as defined under section 309(5)(A)'.
(b) DEFINITION- Paragraph (5) of section 309 (42 U.S.C. 10408(5)) is
amended to read as follows:
`(5) The term `related assistance' means the provision of direct assistance
to victims of family violence and their dependents for the purpose of
preventing further violence, helping such victims to gain access to civil
and criminal courts and other community services, facilitating the efforts
of such victims to make decisions concerning their lives in the interest
of safety, and assisting such victims in healing from the effects of the
violence. Related assistance shall include--
`(A) prevention services such as outreach and prevention services for victims
and their children, employment training, parenting and other educational
services for victims and their children, preventive health services within
domestic violence programs (including nutrition, disease prevention,
exercise, and prevention of substance abuse), domestic violence prevention
programs for school age children, family violence public awareness campaigns,
and violence prevention counseling services to abusers;
`(B) counseling with respect to family violence, counseling by peers
individually or in groups, and referral to community social services;
`(C) transportation, technical assistance with respect to obtaining financial
assistance under Federal and State programs, and referrals for appropriate
health-care services (including alcohol and drug abuse treatment), but
shall not include reimbursement for any health-care services;
`(D) legal advocacy to provide victims with information and assistance
through the civil and criminal courts, and legal assistance; or
`(E) children's counseling and support services, and child care services
for children who are victims of family violence or the dependents of
such victims.'.

391459b66be0a8ea0ffdb2788b688490d5cccdb380b9f9987e404e71563b283b

Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended--
(1) by striking out `whichever is the greater of the following amounts:
one-half of'; and
(2) by striking out `$50,000' and inserting in lieu thereof `$200,000,
whichever is the lessor amount'.

ed8f08a9bca9fc0c57a4dd04e5ada4bba80a88527d798e2c5ea70411b366c342

Section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) is amended--
(1) by striking out `into the causes of family violence';
(2) by inserting `most effective' before `prevention';
(3) by striking out `and (ii)' and inserting in lieu thereof `(ii)'; and
(4) by inserting before `and (B)' the following: `(iii) the effectiveness of
providing safety and support to maternal and child victims of family violence
as a way to eliminate the abuse experienced by children in such situations,
(iv) identification of intervention approaches to child abuse prevention
services which appear to be successful in preventing child abuse where
both mother and child are abused, (v) effective and appropriate treatment
services for children where both mother and child are abused, and (vi)
the individual and situational factors leading to the end of violent and
abusive behavior by persons who commit acts of family violence, including
such factors as history of previous violence and the legal and service
interventions received,'.

0f09fa2e35f4c803886fa3a97a47519fc18ff0cb32fed05c48cd97adabf03d6a

Section 306 (42 U.S.C. 10405) is amended--
(1) by inserting `and every two years thereafter,' after `the first time
after the date of the enactment of this title,';
(2) by striking out `assurances' and inserting in lieu thereof
`documentation'; and
(3) by striking out `303(a)(2)(F)' and inserting in lieu `303(a)(2)(B)
through 303(a)(2)(F)'.

f2820dac9966074add640b03d2b7ca919f37c8caed64409424a56d38f29b0801

Section 308 (42 U.S.C. 10407) is amended to read as follows:
`SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
`(a) PURPOSE AND GRANTS-
`(1) PURPOSE- It is the purpose of this section to provide resource
information, training, and technical assistance to Federal, State, and
Indian tribal agencies, as well as to local domestic violence programs and
to other professionals who provide services to victims of domestic violence.
`(2) GRANTS- From the amounts appropriated under this title, the Secretary
shall award grants to private nonprofit organizations for the establishment
and maintenance of one national resource center (as provided for in
subsection (b)) and not to exceed six special issue resource centers (as
provided for in subsection (c)) focusing on one or more issues of concern
to domestic violence victims.
`(b) NATIONAL RESOURCE CENTER- The national resource center established under
subsection (a)(2) shall offer resource, policy and training assistance to
Federal, State, and local government agencies, to domestic violence service
providers, and to other professionals and interested parties on issues
pertaining to domestic violence, and shall maintain a central resource
library in order to collect, prepare, analyze, and disseminate information
and statistics and analyses thereof relating to the incidence and prevention
of family violence (particularly the prevention of repeated incidents of
violence) and the provision of immediate shelter and related assistance.
`(c) SPECIAL ISSUE RESOURCE CENTERS- The special issue resource centers
established under subsection (a)(2) shall provide information, training
and technical assistance to State and local domestic violence service
providers, and shall specialize in at least one of the following areas of
domestic violence service, prevention, or law:
`(1) Criminal justice response to domestic violence, including court-mandated
abuser treatment.
`(2) Improving the response of Child Protective Service agencies to battered
mothers of abused children.
`(3) Child custody issues in domestic violence cases.
`(4) The use of the self-defense plea by domestic violence victims.
`(5) Improving interdisciplinary health care responses and access to health
care resources for victims of domestic violence.
`(6) Improving access to and the quality of legal representation for
victims of domestic violence in civil litigation.
`(d) ELIGIBILITY- To be eligible to receive a grant under this section an
entity shall be a private nonprofit organization that--
`(1) focuses primarily on domestic violence;
`(2) provides documentation to the Secretary demonstrating experience
working directly on issues of domestic violence, particularly in the
specific subject area for which it is applying;
`(3) include on its advisory boards representatives from domestic violence
programs in the region who are geographically and culturally diverse; and
`(4) demonstrate the strong support of domestic violence advocates from
across the country and the region for their designation as the national
or a special issue resource center.
`(e) REPORTING- Not later than 6 months after receiving a grant under this
section, a grantee shall prepare and submit a report to the Secretary that
evaluates the effectiveness of the use of amounts received under such
grant by such grantee and containing such additional information as the
Secretary may prescribe.
`(f) DEFINITION- For purposes of this section, the term `Indian tribal
agency' means an Indian tribe or tribal organization, as defined in section
4 of the Indian Self-Determination and Education Assistance Act.
`(g) REGULATIONS- Not later than 90 days after the date of enactment of
this section, the Secretary shall publish proposed regulations implementing
this section. Not later than 120 days after such date of enactment, the
Secretary shall publish final regulations.'.

7806e03987512d2b654a3907f4a7e5ce50d47df13e52f22c22b72d2c87f07e65

Section 310 (42 U.S.C. 10409) is amended to read as follows:
`SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There are authorized to be appropriated to carry out the
provisions of sections 303 through 309 and section 313, $60,000,000 for
fiscal year 1992, and such sums as may be necessary for each of the fiscal
years 1993 through 1995.
`(b) SECTION 303(a) AND (b)- Of the amounts appropriated under subsection
(a) for each fiscal year, not less than 80 percent shall be used for making
grants under subsection 303(a), and not less than 10 percent shall be used
for the purpose of carrying out section 303(b).
`(c) SECTION 308- Of the amounts appropriated under subsection (a) for
each fiscal year, 5 percent shall be used by the Secretary for making
grants under section 308.'.

b8a25440ac9329fbe5ecc0cc18fba2aea691efd498352c49406ad6715eb69db5

Section 311 (42 U.S.C. 10410) is amended to read as follows:
`SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
`(a) IN GENERAL- The Secretary shall award grants for the funding of State
domestic violence coalitions. Such coalitions shall further the purposes of
domestic violence intervention and prevention through activities, including--
`(1) working with judicial and law enforcement agencies to encourage
appropriate responses to domestic violence cases and examine issues
including--
`(A) the inappropriateness of mutual protection orders;
`(B) the prohibition of mediation when domestic violence is involved;
`(C) the use of mandatory arrests of accused offenders;
`(D) the discouragement of dual arrests;
`(E) the adoption of aggressive and vertical prosecution policies and
procedures;
`(F) the use of mandatory requirements for presentence investigations;
`(G) the length of time taken to prosecute cases or reach plea agreements;
`(H) the use of plea agreements;
`(I) the consistency of sentencing, including comparisons of domestic
violence crimes with other violent crimes;
`(K) the restitution of victims;
`(L) the use of training and technical assistance to law enforcement and
court officials and other professionals;
`(M) the reporting practices of, and significance to be accorded to,
prior convictions (both felony and misdemeanor) and protection orders;
`(N) the use of interstate extradition in cases of domestic violence crimes;
`(O) the use of statewide and regional planning; and
`(P) any other matters as the Secretary and the State domestic violence
coalitions believe merit investigations;
`(2) work with family law judges, Child Protective Services agencies, and
children's advocates to develop appropriate responses to child custody
and visitation issues in domestic violence cases as well as cases where
domestic violence and child abuse are both present, including--
`(A) the inappropriateness of mutual protection orders;
`(B) the prohibition of mediation where domestic violence is involved;
`(C) the inappropriate use of marital or conjoint counseling in domestic
violence cases;
`(D) the use of training and technical assistance for family law judges
and court personnel;
`(E) the presumption of custody to domestic violence victims;
`(F) the use of comprehensive protection orders to grant fullest protections
possible to victims of domestic violence, including temporary support
and maintenance;
`(G) the development by Child Protective Service of supportive responses
that enable victims to protect their children;
`(H) the implementation of supervised visitations that do not endanger
victims and their children; and
`(I) the possibility of permitting domestic violence victims to remove
children from the State when the safety of the children or the victim is
at risk;
`(3) conduct public education campaigns regarding domestic violence through
the use of public service announcements and informative materials that
are designed for print media, billboards, public transit advertising,
electronic broadcast media, and other vehicles for information that shall
inform the public concerning domestic violence; and
`(4) participate in planning and monitoring of the distribution of grants
and grant funds to their State under section 303(a).
`(b) ELIGIBILITY- To be eligible for a grant under this section, an entity
shall be a statewide nonprofit State domestic violence coalition meeting
the following conditions:
`(1) The membership of the coalition includes representatives from a
majority of the programs for victims of domestic violence in the State.
`(2) The board membership of the coalition is representative of such
programs.
`(3) The purpose of the coalition is to provide services, community
education, and technical assistance to such programs to establish and
maintain shelter and related services for victims of domestic violence
and their children.
`(4) In the application submitted by the coalition for the grant, the
coalition provides assurances satisfactory to the Secretary that the
coalition--
`(A) has actively sought and encouraged the participation of law enforcement
agencies and other legal or judicial entities in the preparation of the
application; and
`(B) will actively seek and encourage the participation of such entities
in the activities carried out with the grant.
`(c) ALLOTMENT OF FUNDS- From amounts appropriated under this section for
each fiscal year, the Secretary shall allot to each State, the District of
Columbia, the Commonwealth of Puerto Rico, and the combined U.S. Territories
an amount equal to  1/53  of the amount appropriated for such fiscal
year. For purposes of this section, the term `combined U.S. Territories'
means Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands and shall not
receive less than 1.5 percent of the funds appropriated for each fiscal year.
`(d) PROHIBITION ON LOBBYING- No funds made available to entities under this
section shall be used, directly or indirectly, to influence the issuance,
amendment, or revocation of any executive order or similar promulgation
by any Federal, State or local agency, or to undertake to influence the
passage or defeat of any legislation by Congress, or by any State or local
legislative body, or State proposals by initiative petition, except that
the representatives of the entity may testify or make other appropriate
communication--
`(1) when formally requested to do so by a legislative body, a committee,
or a member thereof; or
`(2) in connection with legislation or appropriations directly affecting
the activities of the entity.
`(e) REPORTING- Each State domestic violence coalition receiving amounts
under this section shall submit a report to the Secretary describing
the coordination, training and technical assistance and public education
services performed with such amounts and evaluating the effectiveness of
those services.
`(f) DEFINITION- For purposes of this section, a State domestic violence
coalition may include representatives of Indian tribes and tribal
organizations, as defined in section 4 of the Indian Self-Determination
and Education Assistance Act.
`(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to be used to award grants under this section $8,000,000 for fiscal year
1992, and such sums as may be necessary for each of the fiscal years 1993
through 1995.
`(h) REGULATIONS- Not later than 90 days after the date of enactment of
this section, the Secretary shall publish proposed regulations implementing
this section. Not later than 120 days after such date of enactment, the
Secretary shall publish final regulations implementing this section.'.

fcac048c82ef7c6909060592c1d638f84ebd77a14059457e2334a93f0ab8179f

Section 312(a) (42 U.S.C. 10409(a)) is amended by adding at the end thereof
the following new sentence:
`Not later than 90 days after the date of enactment of this sentence, the
Secretary shall publish proposed regulations implementing sections 303, 308,
and 314. Not later than 120 days after such date of enactment, the Secretary
shall publish final regulations implementing such sections.'.

36a03fb7b322312e971a2e4602cb3e564a3483fdcbb004ecc9a87d3ed8649d34

Section 313(1) (42 U.S.C. 10409(1)) is amended by striking out
`characteristics relating to family violence' and inserting in lieu
thereof `develop data on the number of victims of family violence and
their dependents who are homeless or institutionalized as a result of the
violence and abuse they have experienced'.

67e318f8cb640f25fa501acc1cff76f1d107fa9eec528bed7594428ce69e3b55

The Act is amended by adding at the end thereof the following new section:
`SEC. 314. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS.
`(a) IN GENERAL- The Secretary may make grants to public or private nonprofit
entities to provide public information campaigns regarding domestic violence
through the use of public service announcements and informative materials
that are designed for print media, billboards, public transit advertising,
electronic broadcast media, and other vehicles for information that shall
inform the public concerning domestic violence.
`(b) APPLICATION- No grant, contract, or cooperative agreement shall be
made or entered into under this section unless an application that meets
the requirements of subsection (c) has been approved by the Secretary.
`(c) REQUIREMENTS- An application submitted under subsection (b) shall--
`(1) provide such agreements, assurances, and information, be in such
form and be submitted in such manner as the Secretary shall prescribe
through notice in the Federal Register, including a description of how the
proposed public information campaign will target the population at risk,
including pregnant women;
`(2) include a complete description of the plan of the application for
the development of a public information campaign;
`(3) identify the specific audiences that will be educated, including
communities and groups with the highest prevalence of domestic violence;
`(4) identify the media to be used in the campaign and the geographic
distribution of the campaign;
`(5) describe plans to test market a development plan with a relevant
population group and in a relevant geographic area and give assurance
that effectiveness criteria will be implemented prior to the completion
of the final plan that will include an evaluation component to measure
the overall effectiveness of the campaign;
`(6) describe the kind, amount, distribution, and timing of informational
messages and such other information as the Secretary may require, with
assurances that media organizations and other groups with which such
messages are placed will not lower the current frequency of public service
announcements; and
`(7) contain such other information as the Secretary may require.
`(d) USE- A grant, contract, or agreement made or entered into under this
section shall be used for the development of a public information campaign
that may include public service announcements, paid educational messages
for print media, public transit advertising, electronic broadcast media,
and any other mode of conveying information that the Secretary determines
to be appropriate.
`(e) CRITERIA- The criteria for awarding grants shall ensure that an
applicant--
`(1) will conduct activities that educate communities and groups at
greatest risk;
`(2) has a record of high quality campaigns of a comparable type; and
`(3) has a record of high quality campaigns that educate the population
groups identified as most at risk.
`(f) For purposes of this section, the term `public or private nonprofit
entity' includes an `Indian tribe' or `tribal organization', as defined
in section 4 of the Indian Self-Determination and Education Assistance Act.'.

612c8ca020b97555f80ec928e37eac95234d53a8e2e74fca93fb67bec019bf2e

INTERVENTION.
The Act (as amended by section 320) is further amended by adding at the
end thereof the following new section:
`SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION.
`(a) IN GENERAL- The Secretary, in cooperation with the Attorney General,
shall award grants to not more than 10 States to assist such States in
becoming model demonstration States and in meeting the costs of improving
State leadership concerning activities that will--
`(1) increase the number of prosecutions for domestic violence crimes;
`(2) encourage the reporting of incidences of domestic violence; and
`(3) facilitate `arrests and aggressive' prosecution policies.
`(b) DESIGNATION AS MODEL STATE- To be designated as a model State under
subsection (a), a State shall have in effect--
`(1) a law that requires mandatory arrest of a person that police have
probable cause to believe has committed an act of domestic violence or
probable cause to believe has violated an outstanding civil protection order;
`(2) a law or policy that discourages `dual' arrests;
`(3) statewide prosecution policies that--
`(A) authorize and encourage prosecutors to pursue cases where a criminal
case can be proved, including proceeding without the active involvement
of the victim if necessary; and
`(B) implement model projects that include either--
`(i) a `no-drop' prosecution policy; or
`(ii) a vertical prosecution policy; and
`(C) limit diversion to extraordinary cases, and then only after an
admission before a judicial officer has been entered;
`(4) statewide guidelines for judges that--
`(A) reduce the automatic issuance of mutual restraining or protective orders
in cases where only one spouse has sought a restraining or protective order;
`(B) discourage custody or joint custody orders by spouse abusers; and
`(C) encourage the understanding of domestic violence as a serious criminal
offense and not a trivial dispute;
`(5) develop and disseminate methods to improve the criminal justice system's
response to domestic violence to make existing remedies as easily available
as possible to victims of domestic violence, including reducing delay,
eliminating court fees, and providing easily understandable court forms.
`(c) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- In addition to the funds authorized to be appropriated
under section 310, there are authorized to be appropriated to make grants
under this section $25,000,000 for fiscal year 1992, and such sums as may
be necessary for each of the fiscal years 1993 through 1995.
`(2) LIMITATION- A grant may not be made under this section in an amount
less than $2,000,000.
`(3) DELEGATION AND TRANSFER- The Secretary shall delegate to the Attorney
General the Secretary's responsibilities for carrying out this section
and shall transfer to the Attorney General the funds appropriated under
this section for the purpose of making grants under this section.'.

dd2d2d5e20d4c66f40ade3121d235828bf678023caec4b29ad2c55be8826d4da

(a) GENERAL PURPOSE- For purposes of this section, the Secretary of
Education, hereinafter referred to as the `Secretary' shall develop model
programs for education of young people about domestic violence and violence
among intimate partners.
(b) NATURE OF PROGRAM- The Secretary, in consultation with the Secretary
of Health and Human Services, shall through grants or contracts develop
three separate programs, one each for primary and middle schools,
secondary schools, and institutions of higher education. Such model
programs shall be developed with the input of educational experts, law
enforcement personnel, legal and psychological experts on battering,
and victim advocate organizations such as battered women's shelters. The
participation of each such group or individual consultants from such groups
is essential to the development of a program that meets both the needs of
educational institutions and the needs of the domestic violence problem.
(c) REVIEW AND DISSEMINATION- Not later than 9 months after the date of
enactment of this Act, the Secretary shall transmit the model programs,
along with a plan and cost estimate for nationwide distribution, to the
relevant committees of Congress for review.
(d) AUTHORIZATION- There are authorized to be appropriated under this section
for fiscal year 1992, $200,000 to carry out the purposes of this section.

f6299aa9a8b70b4245e075f1afafaae54d8e788a67a9672567e60477d682823d

Section 201 of the Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978 (42 U.S.C. 5111) is amended to read as follows:
`SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
`(a) FINDINGS- Congress finds that--
`(1) the number of children in substitute care increased by nearly 50
percent between 1985 and 1990, as our Nations's foster care population
included more than 400,000 children at the end of June, 1990;
`(2) increasingly children entering foster care have complex problems
which require intensive services;
`(3) an increasing number of infants are born to mothers who did not receive
prenatal care, are born addicted to alcohol and other drugs, and exposed
to infection with the etiologic agent for the human immunodeficiency virus,
are medically fragile, and technology dependent;
`(4) the welfare of thousands of children in institutions and foster homes
and disabled infants with life-threatening conditions may be in serious
jeopardy and some such children are in need of placement in permanent,
adoptive homes;
`(5) many thousands of children remain in institutions or foster homes
solely because of local and other barriers to their placement in permanent,
adoptive homes;
`(6) the majority of such children are of school age, members of sibling
groups or disabled;
`(7) currently one-half of children free for adoption and awaiting placement
are minorities;
`(8) adoption may be the best alternative for assuring the healthy
development of such children;
`(9) there are qualified persons seeking to adopt such children who are
unable to do so because of barriers to their placement; and,
`(10) in order both to enhance the stability and love of the child's
home environment and to avoid wasteful expenditures of public funds,
such children should not have medically indicated treatment withheld from
them nor be maintained in foster care or institutions when adoption is
appropriate and families can be found for such children.
`(b) PURPOSE- It is the purpose of this title to facilitate the elimination
of barriers to adoption and to provide permanent and loving home environments
for children who would benefit from adoption, particularly children with
special needs, including disabled infants with life-threatening conditions,
by--
`(1) promoting model adoption legislation and procedures in the States and
territories of the United States in order to eliminate jurisdictional and
legal obstacles to adoption; and
`(2) providing a mechanism for the Department of Health and Human Services
to--
`(A) promote quality standards for adoption services, pre-placement,
post-placement, and post-legal adoption counseling, and standards to
protect the rights of children in need of adoption;
`(B) maintain a national adoption information exchange system to bring
together children who would benefit from adoption and qualified prospective
adoptive parents who are seeking such children, and conduct national
recruitment efforts in order to reach prospective parents for children
awaiting adoption; and
`(C) demonstrate expeditious ways to free children for adoption for whom
it has been determined that adoption is the appropriate plan.'.

3fb0a374115857e5e69f2d3239e50ff790afd511b6aff99fb5654fb6438a92dc

Section 202 of the Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978 (42 U.S.C. 5112) is repealed.

19f15536c97ba6581483b8d1dffc521f62e1a9cd7d72e5d2eaa975a444fc8942

Section 203 of the Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978 (42 U.S.C. 5113) is amended--
(1) in subsection (a)--
(A) by inserting `, on-site technical assistance' after `consultant services'
in the second sentence;
(B) by inserting `including salaries and travel costs,' after `administrative
expenses,' in the second sentence; and
(C) by adding at the end thereof the following new sentence: `The Secretary
shall, not later than 12 months after the date of enactment of this sentence,
prepare and submit to the committees of Congress having jurisdiction
over such services reports, as appropriate, containing appropriate data
concerning the manner in which activities were carried out under this title,
and such reports shall be made available to the public.'; and
(2) in subsection (b)--
(A) by striking out paragraph (1) and redesignating paragraph (2) as
paragraph (1);
(B) by inserting after paragraph (1) (as so redesignated) the following
new paragraph:
`(2) conduct, directly or by grant or contract with public or private
nonprofit organizations, ongoing, extensive recruitment efforts on a national
level, develop national public awareness efforts to unite children in need
of adoption with appropriate adoptive parents, and establish a coordinated
referral system of recruited families with appropriate State or regional
adoption resources to ensure that families are served in a timely fashion;';
(C) in paragraph (4), by inserting before the semicolon the following:
`, and to promote professional leadership training of minorities in the
adoption field'; and
(D)(i) in paragraph (7), by striking `and' after the semicolon at the end;
(ii) by redesignating paragraph (8) as paragraph (9); and
(iii) by inserting after paragraph (7) the following new paragraph:
`(8) maintain (directly or by grant to or contract with public or private
nonprofit agencies or organizations) a National Resource Center for Special
Needs Adoption to--
`(A) promote professional leadership development of minorities in the
adoption field;
`(B) provide training and technical assistance to service providers and
State agencies to improve professional competency in the field of adoption
and the adoption of children with special needs; and
`(C) facilitate the development of interdisciplinary approaches to meet the
needs of children who are waiting for adoption and the needs of adoptive
families; and'.

c20a428b841bb5077bfedc53f77ee193af4e7441f51dfb2c726ef502209e0f5b

Section 205 of the Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978 (42 U.S.C. 5115) is amended--
(1) by striking out subsection (a) and inserting in lieu thereof the
following new subsection:
`(a) There are authorized to be appropriated, $10,000,000 for fiscal year
1992, and such sums as may be necessary for each of the fiscal years
1993 through 1995, to carry out programs and activities under this Act
except for programs and activities authorized under sections 203(b)(9)
and 203(c)(1).'; and
(2) in subsection (b), by striking out `$3,000,000', the first place that
such appears, and all that follows through the end thereof, and inserting
in lieu thereof the following:  `$10,000,000 for fiscal year 1992, and such
sums as may be necessary for each of the fiscal years 1993 through 1995,
to carry out section 203(b)(9), and there are authorized to be appropriated
$10,000,000 for fiscal year 1992, and such sums as may be necessary for
each of the fiscal years 1993 through 1995, to carry out section 203(c)(1).'.
Attest:
Clerk.
S 838 EAH----2
S 838 EAH----3
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S 838 EAH----6

3953f2a8a82169d553f79aa983fee72dc582b87248a2162444ebb58601da290a

Child Abuse, Domestic Violence, Adoption and Family Services Act of 1991 — S. 838

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE II

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