[Congressional Record Volume 141, Number 96 (Tuesday, June 13, 1995)]
[Senate]
[Pages S8255-S8265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DOMENICI (for himself and Mr. Bond):
  S. 917. A bill to facilitate small business involvement in the 
regulatory development processes of the Environmental Protection Agency 
and the Occupational Safety and Health Administration, and for other 
purposes; to the Committee on Small Business.


                THE SMALL BUSINESS ADVOCACY ACT OF 1995

  Mr. DOMENICI. Essentially, Mr. President, this bill will establish 
the process whereby small business in each of our respective States 
will be involved in the process of writing the rules and regulations 
for both OSHA and EPA. I think it is an exciting idea that came right 
from small business.
  I note that the chairman of the Small Business Committee, Senator 
Bond, is a cosponsor. I thank him for his assistance. Mr. President, on 
behalf of the small business women and men in America, I am pleased to 
offer a bill to create a Small Business Advocacy Review Panel. This 
bill has been developed because of the suggestions of a committed group 
of New Mexican small business people. I am also pleased that the 
distinguished chairman of the Senate Committee on Small Business is 
joining me as an original cosponsor of this measure. I am also pleased 
to say that the National Federation of Independent Business supports 
this bill.
  This week, the White House Conference on Small Business is convening 
here in Washington. This is an event I am particularly interested in 
since I introduced the legislation that authorizes these national 
conferences with small business men and women. I would like to welcome 
all the delegates from New Mexico and ask unanimous consent to place a 
list of their names in the Record at the conclusion of my remarks.
  In early 1994, I formed a Small Business Advocacy Council in New 
Mexico. I asked this group to advise me about the problems of small 
businesses and how Congress might address some of their concerns. This 
council held 7 meetings in 6 locations throughout the State of New 
Mexico with more than 400 businesses participating. The consistent 
theme at all of these meetings was the appearance of an adversarial 
relationship between the Federal Government and business, and the lack 
of accountability of regulatory agencies in their dealings with 
business.
  A few months ago the Senate Small Business Committee kicked off a 
series of field hearings entitled ``Entrepreneurship in America,'' with 
the first hearing in Albuquerque. These hearings focused on 7 issues 
affecting American small businesses: the Federal tax burden, cost of 
employment, environmental compliance, OSHA compliance, government 
intrusion on the family farm, banking system restrictions, and 
unreasonable legal exposure costs. Many members of the Small Business 
Advocacy Council testified at the Albuquerque field hearing of the 
Senate Small Business Committee chaired by my good friend and 
distinguished colleague, Kit Bond.
  The concerns vetted in this field hearing were not unique to New 
Mexico. In fact, the Washington Post insert of June 6, ran a very 
illustrative story on the Small Business White House Conference. This 
story focused on Sal Risalvato, a White House Conference delegate from 
New Jersey. Mr. Risalvato runs a gasoline service station in 
Morristown, NJ, and he relates a familiar tale of struggling to cope 
with a continuous stream of new EPA regulations. He cites that these 
regulations are difficult to understand and require the constant 
expenditure of capital--capital that could have been otherwise used to 
expand the business and create more jobs. I ask unanimous consent that 
a copy of this article be inserted in the Record at the conclusion of 
my remarks.
  In June 1994, the General Accounting Office delivered a report to the 
House Committee on Education and Labor entitled ``Workplace 
Regulation--Information on Selected Employer and Union Experiences.''
  I recently discussed this report with the GAO because I found its 
results so strikingly similar to the findings of the New Mexico Small 
Business Advocacy Council and the gentleman from New Jersey cited in 
the Post article. The objective of the GAO report was to: First, 
identify and analyze the characteristics of the major statutes 
comprising the framework of workplace regulation and, second, describe 
the actual experiences of a wide range of employer and employee 
representatives with workplace regulation.
  The GAO identified 26 statutes and one Executive order on workplace 
regulation and sought comments, on a confidential basis, from a broad 
range of 36 employers and union representatives. Those interviewed 
generally accepted the importance of workplace regulations. There were 
frequently voiced concerns, however, with the operation of the overall 
regulatory process of many agencies and about whether the agencies' 
regulatory goals were being achieved. Last year there were over 8,000 
rules and regulations that were promulgated. Obviously, not every rule 
can, or needs to be, reviewed.
 However, there are currently approximately 46 rulemakings pending at 
EPA that are termed significant, with an economic impact exceeding $100 
million.

  The small business men and women of America aren't asking to abolish 
regulations, they are asking for an opportunity to work with agencies 
to establish an effective mechanism for drafting regulations. The New 
Mexico Small Business Council members, as well as Sal Risalvato from 
New Jersey, have said they agree regulation is necessary and everyone 
benefits from reasonable regulations on health and safety. The small 
business men and women are pleading for a vehicle of cooperation to act 
in an advisory capacity to the government on regulatory impacts and 
costs.
  So, at their suggestion, I am pleased to introduce the Small Business 
Advocacy Act of 1995. This act will establish a small business review 
panel to facilitate small business involvement in the regulatory 
development process within the EPA and OSHA. These panels will be 
responsible for providing technical guidance for issues impacting small 
businesses, such as applicability, compliance, consistency, redundancy, 
readability, and any other related concerns that may affect them. This 
panel will then provide recommendations to the appropriate agency 
personnel responsible for developing and drafting the relevant 
regulations. Why EPA and OSHA? They were repeatedly cited as the most 
onerous and costly agencies to small business.
  The panel will be chaired by a senior official of the agency and will 
include staff responsible for development and drafting of the 
regulation, a representative from OIRA, a member of the SBA advocate 
office, and up to three representatives from small businesses 
especially affected. This will allow the actual small business owners, 
or their representative associations, to have a voice in the massive 
regulatory process that affects them so much. The panel has a total of 
45 days to meet and develop its recommendations before a rule is 
promulgated or a final rule is issue. This panel's recommendations, 
both the majority and minority views, will be reported to the 
appropriate agency personnel before the rulemaking and the agency will 
ensure that the panel's recommendations, and the agency's response to 
them, are included in any notice of final rulemaking.
  Finally, this act will also provide for a peer review survey to be 
conducted on regulations. This idea is analogous to what the private 
sector routinely practices. A customer survey, contracted and conducted 
with a private sector firm, will sample a cross-section of the affected 
small business community responsible for complying with the sampled 
regulation. This valuable input on regulatory issues impacting small 
businesses will be made available to the Small Business Advocacy Review 
Board to assist in their review [[Page S8256]] processes and will also 
be made available to interested parties and organizations upon request.
  I believe that this panel, working together so all viewpoints are 
represented, will be the crux of reasonable, consistent and 
understandable rulemaking. I am very concerned about the adversarial 
manner in which our small businesses perceive their government. Much of 
this adversarial relationship has grown from years of misunderstanding 
of impacts and effects and a lack of communication. I want to improve 
our rulemaking and regulatory process through cooperation and 
collaboration and I urge my colleagues to support this act.
  Mr. President, I ask that unanimous consent that additional material 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
                [From the Washington Post, June 6, 1995]

 A Tale of Pumping Gas With One Hand, Holding Off Government With the 
                                 Other

                           (By Sal Risalvato)

       I wonder if my small business can survive another onslaught 
     of excessive federal regulations. And if it can't, what will 
     happen to my livelihood and that of my employees who depend 
     on me for jobs?
       I have learned through firsthand experience how the burden 
     created by federal regulations can hurt a small business.
       Since 1987, when I bought Riverdale Texaco, a gasoline 
     service station in Morris County, N.J., costly regulations 
     have touched every aspect of my small business, from the sale 
     of petroleum products to the repair service my employees 
     provide.
       My first experience with federal regulations occurred even 
     before I bought the station. Because of the government's 
     response to rising environmental concerns, I had to assemble 
     additional financing in order to make sure that the station I 
     bought had underground storage tanks that were in good shape. 
     The tanks in my new station, for which I did pay a premium, 
     had been installed just a year earlier.
       However, within five years, the Environmental Protection 
     Agency (EPA) altered the regulations for underground storage 
     tanks, requiring me to spend another $95,000.
       Although it wasn't the government's fault, this $95,000 was 
     especially difficult for me to come by. I had been left 
     virtually broke after losing my first service station in 1986 
     when my landlord wouldn't renew my lease because he believed 
     he could put his rapidly-appreciating property to more 
     profitable use than as a service station.
       In fact, while operating my new station, I was still paying 
     debts from the station I had lost to its landlord. So, coming 
     up with an additional $95,000 to meet new and unexpected 
     governmental regulations meant borrowing from family members. 
     My father borrowed the money he lent me, using his home as 
     collateral.
       Fortunately, Texaco also provided me with funds in exchange 
     for a supply contract.
       To me, this was government extortion because I would have 
     been forced out of business if I hadn't met the EPA's new 
     requirements. Many service station owners without the money 
     to meet the new requirements have gone out of business or 
     have stopped selling gasoline and are trying to get by on the 
     income from other products and services.
       I had thought the EPA had inflicted enough pain and torture 
     on my business, but the federal government now is attempting 
     to blackmail me, my governor, the motorists of my state, and 
     my fellow service station owners in New Jersey.
       New Jersey probably has one of the best motor vehicle 
     inspection systems in the country. Under current law, 
     motorists must have their car emissions systems and safety 
     items such as brakes inspected annually, either at a state 
     inspection site or a licensed private repair facility such as 
     mine.
       In order to meet EPA requirements, the State of New Jersey 
     will have to invest millions of dollars for new equipment at 
     the state inspection sites. And I, along with other private 
     businesses that want to continue performing inspections, will 
     each have to spend $40,000 to $100,000 for new equipment.
       Since many service stations, including mine, can't afford 
     to buy the new, mandated equipment, we small business owners 
     will be forced to give up an important profit center.
       I am running out of family members who have money to lend, 
     and those family members who do have money are running out 
     because they always have been lending it to me.
       N.J. Gov. Christine Todd Whitman has been negotiating with 
     the EPA to lessen the burden on our state. But ultimately, if 
     the state refuses to adopt an inspection system suitable to 
     the EPA, the Department of Transportation will withhold $217 
     million in federal highway funds.
       This would hurt the whole state.
       There's no doubt that if these regulations were less 
     stringent or if they were eliminated altogether, I would have 
     more money to expand my business and to create jobs.
       When I bought my business, my dream was to add on three or 
     four service bays, a sales room, an employee room, and 
     storage and office space to meet what I hoped would be my 
     growing business' needs.
       Now, to make the best use of space inside the main 
     building, our offices are housed in a trailer on the side of 
     my building. Twice in the past seven years, the local board 
     of adjustment has granted us temporary permission to keep our 
     office. Each time, I explained to the board that costly 
     government regulations are slowing down my expansion plans. 
     And that once I'm able to expand, I'll hire at least seven 
     more people.
       Anyone can see how federal regulations are stifling my 
     small business. Some people say small-business owners don't 
     care about health and safety or that we are anti-environment. 
     Nothing could be further from the truth.
       The small-business community agrees that some regulation is 
     necessary. We, too, benefit from reasonable regulations, and 
     I care about employee safety and environmental protection. I 
     drink the same water and breathe the same air as everyone 
     else. I have no desire to see the quality of either 
     jeopardized.
       But federal bureaucrats need to step back and re-evaluate 
     the damage their actions inflict on the free enterprise 
     system.
       Congress must make sure that no new requirements are put on 
     the books unless the benefits outweigh the costs, and there 
     should be a clear understanding of what the nation is getting 
     in return.
       The regulatory situation for small business is approaching 
     crisis proportions.
       Each year, I spend many hours and dollars completing 
     government paperwork and trying to comply with all the 
     regulations. Besides the time I spend actually filling out 
     the forms, there's the time spent trying to understand the 
     paperwork and identify the information needed.
       These requirements take valuable time away from running a 
     small business and deplete limited resources that could 
     better be used to expand the business.
       Among other changes, my fellow small-business owners want 
     paperwork reduction, a review process for regulations and the 
     right to challenge excessive or unnecessary regulations in 
     court.
       If the burdens of excessive regulations are lifted from our 
     backs, we can do even better what we already are the best 
     at--creating jobs.
                                                                    ____


  List of New Mexico Delegates to the White House Conference on Small 
                          Business, June 12-14

       1. Angela Atterbury, Atterbury and Associates, Inc.
       2. Lynne K. Behnfield, Lynfield Consulting, Inc.
       3. Diane D. Denish, The Target Group.
       4. Maria Estela de Rios, ORION Int'l. Technologies, Inc.
       5. Joyce Freiwald, F2 Associates, Inc.
       6. Scott Garrett, New Mexico Sports and Wellness.
       7. Jim Greenwood, Greenwood Consulting Group.
       8. Janet Kerley, Monteverde, Inc.
       9. Chet Lytle, Communications Diversified, Inc.
       10. Annique Malm, Healthcare Business Solutions, Inc.
       11. Ioana McNamara, Permacharge Corp.
       12. James M. Parker, Modrall Law Firm.
       13. George Shaffer, Insurance Center.
       14. Carolyn Sigstedt, Tewa Enterprises.
       15. Larry Scheffield.
       16. John Lorentzen, Southwest Realty Investment.
                                 ______

      By Mr. EXON:
  S. 918. A bill to prohibit the payment of certain Federal benefits to 
any person not lawfully present within the United States, and for other 
purposes; to the Committee on Finance.


           the illegal alien benefits prohibition act of 1995

  Mr. EXON. Mr. President, I introduce a bill intended to eliminate the 
payment of Federal benefits to illegal aliens. I spoke on this issue in 
detail yesterday and I rise to formally introduce the bill today.
  I believe that as we begin to debate the welfare reform bill, we have 
a golden opportunity to stop, once and for all, paying benefits to 
illegal aliens. I also believe that we can forge a new compact between 
the States and the Federal Government. If the States can stand with us 
and help to identify and verify alien status, we will provide them the 
necessary funds. We can also allow States to deny benefits to illegal 
aliens.
  I intend to pursue this matter to the end, and I urge my colleagues 
to support this measure.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 918

       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 ``Illegal Alien Benefits 
     Prohibition Act of 1995''.
     [[Page S8257]]
     
     SEC. 2. PROHIBITION ON PAYMENT OF FEDERAL BENEFITS TO CERTAIN 
                   PERSONS.

       (a) In General.--Notwithstanding any other provision of law 
     and except as provided in subsection (b), Federal benefits 
     shall not be paid or provided to any person
      who is not a person lawfully present within the United 
     States.
       (b) Exceptions.--Subsection (a) shall not apply with 
     respect to the following benefits:
       (1) Emergency medical services under title XIX of the 
     Social Security Act.
       (2) Short-term emergency disaster relief.
       (3) Assistance or benefits under the National School Lunch 
     Act.
       (4) Assistance or benefits under the Child Nutrition Act of 
     1966.
       (5) Public health assistance for immunizations with respect 
     to immunizable diseases and for testing and treatment for 
     communicable diseases.
       (c) Definitions.--For purposes of this Act--
       (1) Federal benefits.--The term ``Federal benefit'' means--
       (A) the issuance of any grant, contract, loan, professional 
     license, or commercial license provided by an agency of the 
     United States or by appropriated funds of the United States; 
     and
       (B) any retirement, welfare, Social Security, health, 
     disability, veterans benefit, public housing, education, food 
     stamps, unemployment benefit, or any other similar benefit 
     for which payments or assistance are provided by an agency of 
     the United States or by appropriated funds of the United 
     States.
       (2) Veterans benefit.--The term ``veterans benefit'' means 
     all benefits provided to veterans, their families, or 
     survivors by virtue of the service of a veteran in the Armed 
     Forces of the United States.
       (3) Person lawfully present within the united states.--The 
     term ``person lawfully present within the United States'' 
     means a person who, at the time the person applies for, 
     receives, or attempts to receive a Federal benefit, is a 
     United States citizen, a permanent resident alien, an asylee, 
     a refugee, a parolee, a national, or a national of the United 
     States for purposes of the immigration laws of the United 
     States (as defined in section 101(a)(17) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(17)).

     SEC. 3. STATE OBLIGATION.

       Notwithstanding any other provision of law, a State that 
     administers a program that provides a Federal benefit 
     (described in section 2(c)(1)) or provides State benefits 
     pursuant to such a program shall not be required to provide 
     such benefit to a person who is not a person lawfully present 
     within the United States through a State agency or with 
     appropriated funds of such State.

     SEC. 4. VERIFICATION OF ELIGIBILITY.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Attorney General of the United 
     States, after consultation with the Secretary of Health and 
     Human Services, shall promulgate regulations requiring 
     verification that a person applying for a Federal benefit, 
     including a benefit described in section 2(b), is a person 
     lawfully present within the United States and is eligible to 
     receive such benefit. Such regulations shall, to the extent 
     feasible, require that information requested and exchanged be 
     similar in form and manner to information requested and 
     exchanged under section 1137 of the Social Security Act.
       (b) State Compliance.--Not later than 24 months after the 
     date the regulations described in subsection (a) are adopted, 
     a State that administers a program that provides a Federal 
     benefit described in such subsection shall have in effect a 
     verification system that complies with the regulations.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the purpose of this section.
                                 ______

      By Mr. COATS (for himself and Mrs. KASSEBAUM):
  S. 919. A bill to modify and reauthorize the Child Abuse Prevention 
and Treatment Act, and for other purposes; to the Committee on Labor 
and Human Resources.


    THE CHILD ABUSE PREVENTION AND TREATMENT ACT AMENDMENTS OF 1995

 Mr. COATS. Mr. President: I introduce the Child Abuse 
Prevention and Treatment Act Amendments of 1995.
  Child abuse is an issue which provokes our anger and anguish, and 
which demands our attention as legislators. Our Nation's outrage on 
this Topic was renewed with the murder of Susan Smith's children. It is 
impossible to comprehend how those who are entrusted with protecting 
children can hurt them, maim them, and even take their lives. In fact, 
it was cases just like this--involving the severe abuse and death of 
children--which led to Senate hearings in 1973, and eventually to the 
development of the Child Abuse Prevention and Treatment Act.
  CAPTA was first authorized in 1974 and is the only Federal program 
specifically aimed at child abuse prevention and treatment. CAPTA has 
served as a catalyst, encouraging States to do some important things: 
Develop programs of prevention and treatment; educate law enforcement 
and judicial personnel; and to develop crisis hotlines, self-help 
groups, volunteer training, and public awareness campaigns.
  In 1993, the National Committee for the Prevention of Child Abuse and 
neglect reported that there were 2,898,000 child maltreatment reports. 
This represents a twentyfold increase from 1963, when there were about 
150,000 reports. Federal and State expenditures for child protection 
programs and associated foster care programs now exceed $6 billion a 
year. The heightened awareness in the public regarding the issue of 
child abuse, and the corresponding increase in Federal and State 
dollars, is partially due to the passage of mandatory reporting laws--
required by CAPTA--and the media campaigns that have accompanied them. 
Certainly, many thousands of children have been saved from serious 
injury, and even death, during the last 20 years.
  Unfortunately, a byproduct of this heightened public awareness has 
been an explosion in the number of unfounded reports of child abuse and 
neglect. The staggering number of reports that are determined to be 
unfounded tell a disturbing tale. According to the annual 50-State 
survey of the National Committee To Prevent Child Abuse, only 34 
percent of the reports received by child protective services were 
substaintiated. This means that two-thirds of all abuse and neglect 
reports are unsubstantiated. When you take into account the
 number of families involved and the numbers duplicate reports, we know 
that each year as many as 700,000 families are being unnecessarily 
investigated--their children are being questioned and family life 
disrupted.

  This is a concern, but the most important problem is this: 
unnecessary investigations are overwhelming the child protection 
system, and thereby preventing caseworkers from getting to those 
children who are truly in need of help.
  It is important to note that few of the unfounded reports are made 
maliciously. The reporter is usually well-intentioned, but unclear as 
to what constitutes maltreatment. A vague suspicion that something may 
be wrong sets in motion a legal obligation on the part of child 
protective services to investigate.
  This burden of empty accusations helps explain why between 25 to 50 
percent of child abuse deaths involve children previously known to the 
authorities. With caseworkers spending significant amounts of time 
investigating every allegation of child maltreatment, no matter how 
tenuous, it is understandable that children who are truly in need of 
help are missed or ignored.
  Mr. President, the legislation that I am introducing today addresses 
some of the failings in the current system, and addresses ways that we 
can better target attention to those children in desperate need of 
protection. The legislation proposes to encourage the States through 
the development of risk assessment protocols, improved training of 
child protection workers, and enhanced community awareness and public 
education.
  The legislation was drafted following a fruitful hearing that 
examined some of the critical child protection issues facing our Nation 
today and particularly their impact on the families and children who 
come in contact with the child protective system.
  A great deal is at stake in these matters. The protection of children 
from abuse is a demand of our conscience and a demand of our laws. Our 
concern and compassion should be broad. But the system charged with 
protecting children must be focused to be effective. And that is the 
only measure of our success--when a child is effectively shielded from 
abuse and neglect.
  This requires a serious revision of our current approach--not its 
goal, but some of its methods. And I hope that with this legislation we 
can begin that process in earnest.
  For the information of my colleagues, I will summarize some of the 
provisions of the bill.
  Title I reauthorizes State grants and demonstration grants, makes 
reporting and data collection requirements more effective, and 
eliminates certain bureaucratic bodies.
  The bill repeals the current mandates for a National Center on Child 
Abuse and Neglect, for the U.S. Advisory [[Page S8258]] Board on Child 
Abuse and Neglect, and the Inter-Agency Task Force on Child Abuse and 
Neglect. Instead the secretary has discretion to establish an Office on 
Child Abuse and Neglect to coordinate the functions of this Act, and to 
appoint an advisory board to report on specific issues.
  The data collection function for the National Clearinghouse would be 
expanded. In addition, the research activities function, coordinated by 
the Secretary of HHS, is restructured to require a continuing program 
of research aimed at better protecting children from abuse and neglect.
  The bill authorizes demonstration grants to encourages State and 
local innovation in training professionals, families, service 
providers, and communities and providing information and assistance to 
individuals, agencies, and organizations through child abuse resource 
centers; parent mutual support and self help programs; and other 
innovative programs, such as establishing a triage system which would 
allow and encourage community participation in the prevention and 
response to child abuse and neglect.
  The basic State grant program will continue to support State child 
protective services by assisting States with: First the intake, 
screening and investigation of reports of child abuse or neglect; 
second, case management and delivery of services provided to children 
and their families; third, improving risk and safety assessment tools, 
fourth, expanding training opportunities for service providers and 
mandated reporters; and fifth; provide for education and training 
addressing ``Baby Doe'' situations of medical neglect.
  In order to be eligible to receive funds under this section, a State 
must submit a State plan and annual data reports.
  The bill continues the current immunity from prosecution for 
individuals who report a suspicion or incident of child abuse and 
neglect, but adds a requirement that the reports must be made in good 
faith.
  This bill clarifies the issue of medical neglect as well, providing 
that parents are free to make decisions regarding the medical treatment 
of their children, and that States may not find a family using 
spiritual or non-medical means as being neglectful, solely on the basis 
of a religious practice, absent an affirmative finding of abuse or 
neglect on a case-by-case basis. Further, the bill makes clear that 
nothing in this act precludes a State from intervening on behalf of the 
child where failure or refusal to provide a medical service or 
treatment will lead to imminent risk of severe harm to the child.
  Finally, to give better direction to the States, the definition of 
child abuse and neglect is clarified.
  Title II consolidates the former community--based family resource 
programs grant with the Temporary Child Care for Children With 
Disabilities and Crisis Nurseries Act and Title VII(F)--family support 
services--of the Stewart B. McKinney Homeless Assistance Act to create 
a comprehensive community--based family resource program. The new 
program provides for broad-based networks of child abuse and prevention 
programs and other family resource and support programs.
  Title III reauthorizes the Family Violence Prevention and Services 
Act, which provides grants to States to assist in supporting programs 
and projects to prevent incidents or family violence and provide 
immediate shelter for victims of family violence.
  Title IV reauthorizes the Adoption Opportunities Act, which a few 
technical changes and a new requirement that the Secretary report on 
the efficacy of the current system of recruitment for prospective 
foster care and/or adoptive parents.
  Title V reauthorizes the Abandoned Infants Assistance Act, which 
provides discretionary grants to States to prevent abandonment of 
children and to provide for the needs of children who are abandoned, 
especially those with AIDS.
  And finally, Title VI provides a 2-year, straight reauthorization of 
the Missing Children's Assistance Act and section 214B of the Victims 
of Child Abuse Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
                                 S. 919

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Child 
     Abuse Prevention and Treatment Act Amendments of 1995''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                        TITLE I--GENERAL PROGRAM

Sec. 101. Reference.
Sec. 102. Findings.
Sec. 103. Office of Child Abuse and Neglect.
Sec. 104. Advisory Board on Child Abuse and Neglect.
Sec. 105. Repeal of Interagency Task Force.
Sec. 106. National Clearinghouse for Information Relating to Child 
              Abuse.
Sec. 107. Research and assistance activities.
Sec. 108. Grants for demonstration programs.
Sec. 109. State grants for prevention and treatment programs.
Sec. 110. Repeal.
Sec. 111. Definitions.
Sec. 112. Authorization of appropriations.
Sec. 113. Rule of construction.

  TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

Sec. 201. Establishment of program.
Sec. 202. Repeals.

           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

Sec. 301. Reference.
Sec. 302. State demonstration grants.
Sec. 303. Allotments.
Sec. 304. Authorization of appropriations.

                    TITLE IV--ADOPTION OPPORTUNITIES

Sec. 401. Reference.
Sec. 402. Findings and purpose.
Sec. 403. Information and services.
Sec. 404. Authorization of appropriations.
           TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

       Sec. 501. Reauthorization.

             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

       Sec.601.Missing Children's Assistance Act.
       Sec.602.Victims of Child Abuse Act of 1990.
                        TITLE I--GENERAL PROGRAM

     SEC. 101. REFERENCE.

       Except as otherwise expressly 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 a section or 
     other provision of the Child Abuse Prevention and Treatment 
     Act (42 U.S.C. 5101 et seq.).

     SEC. 102. FINDINGS.

       Section 2 (42 U.S.C. 5101 note) is amended--
       (1) in paragraph (1), the read as follows:
       ``(1) each year, close to 1,000,000 American children are 
     victims of abuse and neglect;'';
       (2) in paragraph (3)(C), by inserting ``assessment,'' after 
     ``prevention,'';
       (3) in paragraph (4)--
       (A) by striking ``tens of''; and
       (B) by striking ``direct'' and all that follows through the 
     semicolon and inserting ``tangible expenditures, as well as 
     significant intangible costs;'';
       (4) in paragraph (7), by striking ``remedy the causes of'' 
     and inserting ``prevent'';
       (5) in paragraph (8), by inserting ``safety,'' after 
     ``fosters the health,'';
       (6) in paragraph (10)--
       (A) by striking ``ensure that every community in the United 
     States has'' and inserting ``assist States and communities 
     with''; and
       (B) by inserting ``and family'' after ``comprehensive 
     child''; and
       (7) in paragraph (11)--
       (A) by striking ``child protection'' each place that such 
     appears and inserting ``child and family protection''; and
       (B) in subparagraph (D), by striking ``sufficient''.

     SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.

       Section 101 (42 U.S.C.5101) is amended to read as follows:

     ``SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.

       ``(a) Establishment.--The Secretary of Health and Human 
     Services may establish an office to be known as the Office on 
     Child Abuse and Neglect.
       ``(b) Purpose.--The purpose of the Office established under 
     subsection (a) shall be to execute and coordinate the 
     functions and activities of this Act. In the event that such 
     functions and activities are performed by another entity or 
     entities within the Department of Health and Human Services, 
     the Secretary shall ensure that such functions and activities 
     are executed with the necessary expertise and in a fully 
     coordinated manner involving regular intradepartmental and 
     interdepartmental consultation with all agencies involved in 
     child abuse and neglect activities.''.

     SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

       Section 102 (42 U.S.C.5102) is amended to read as follows:

     ``SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

       ``(a) Appointment.--The Secretary may appoint an advisory 
     board to make recommendations to the Secretary and to the 
     appropriate committees of Congress concerning specific issues 
     relating to child abuse and neglect.
     [[Page S8259]]   ``(b) Solicitation of Nominations.--The 
     Secretary shall publish a notice in the Federal Register 
     soliciting nominations for the appointment of members of the 
     advisory board under subsection (a).
       ``(c) Composition.--In establishing the board under 
     subsection (a), the Secretary shall appoint members from the 
     general public who are individuals knowledgeable in child 
     abuse and neglect prevention, intervention, treatment, or 
     research, and with due consideration to representation of 
     ethnic or racial minorities and diverse geographic areas, and 
     who represent--
       ``(1) law (including the judiciary);
       ``(2) psychology (including child development);
       ``(3) social services (including child protective 
     services);
       ``(4) medicine (including pediatrics);
       ``(5) State and local government;
       ``(6) organizations providing services to disabled persons;
       ``(7) organizations providing services to adolescents;
       ``(8) teachers;
       ``(9) parent self-help organizations;
       ``(10) parents' groups;
       ``(11) voluntary groups; and
       ``(12) family rights groups.
       ``(d) Vacancies.--Any vacancy in the membership of the 
     board shall be filled in the same manner in which the 
     original appointment was made.
       ``(e) Election of Officers.--The board shall elect a 
     chairperson and vice-chairperson at its first meeting from 
     among the members of the board.
       ``(f) Duties.--Not later than 1 year after the 
     establishment of the board under subsection (a), the board 
     shall submit to the Secretary and the appropriate committees 
     of Congress a report, or interim report, containing--
       ``(1) recommendations on coordinating Federal, State, and 
     local child abuse and neglect activities with similar 
     activities at the Federal, State, and local level pertaining 
     to family violence prevention;
       ``(2) specific modifications needed in Federal and State 
     laws and programs to reduce the number of unfounded or 
     unsubstantiated reports of child abuse or neglect while 
     enhancing a more focused attention to legitimate cases of 
     abuse or neglect which place a child in danger; and
       ``(3) recommendations for modifications needed to 
     facilitate coordinated national data collection with respect 
     to child protection and child welfare.''.

     SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.

       Section 103 (42 U.S.C.5103) is repealed.

     SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                   CHILD ABUSE.

       Section 104 (42 U.S.C.5104) is amended--
       (1) in subsection (a), to read as follows:
       ``(a) Establishment.--The Secretary shall through the 
     Department, or by one or more contract of not less than 3 
     years duration let through a competition, establish a 
     national clearinghouse for information relating to child 
     abuse.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Director'' and inserting ``Secretary'';
       (B) in paragraph (1)--
       (i) by inserting ``assessment,'' after ``prevention,''; and
       (ii) by striking ``, including'' and all that follows 
     through ``105(b)'' and inserting ``and'';
       (C) in paragraph (2)--
       (i) in subparagraph (A), by striking ``general population'' 
     and inserting ``United States'';
       (ii) in subparagraph (B), by adding ``and'' at the end 
     thereof;
       (iii) in subparagraph (C), by striking ``; and'' at the end 
     thereof and inserting a period; and
       (iv) by striking subparagraph (D); and
       (D) by striking paragraph (3); and
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Director'' and inserting ``Secretary'';
       (B) in paragraph (2), by striking ``that is represented on 
     the task force'' and inserting ``involved with child abuse 
     and neglect and mechanisms for the sharing of such 
     information among other Federal agencies and 
     clearinghouses'';
       (C) in paragraph (3), by striking ``State, regional'' and 
     all that follows and inserting the following: ``Federal, 
     State, regional, and local child welfare data systems which 
     shall include:
       ``(A) standardized data on false, unfounded, 
     unsubstantiated, or substantiated reports; and
       ``(B) information on the number of deaths due to child 
     abuse and neglect;'';
       (D) by redesignating paragraph (4) as paragraph (6); and
       (E) by inserting after paragraph (3), the following new 
     paragraphs:
       ``(4) through a national data collection and analysis 
     program and in consultation with appropriate State and local 
     agencies and experts in the field, collect, compile, and make 
     available, State child abuse and neglect reporting 
     information which, to the extent practical, shall be 
     universal and case specific, and integrated with other case-
     based foster care and adoption data collected by the 
     Secretary;
       ``(5) compile, analyze, and publish a summary of the 
     research conducted under section 105(a); and''.

     SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

       (a) Research.--Section 105(a) (42 (42 U.S.C. 5105(a)) is 
     amended--
       (1) in the section heading, by striking ``OF THE NATIONAL 
     CENTER ON CHILD ABUSE AND NEGLECT'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``, through the Center, conduct research on'' and inserting 
     ``carry out a continuing interdisciplinary program of 
     research that is designed to provide information needed to 
     better protect children from abuse or neglect and to improve 
     the well-being of abused or neglected children, with at least 
     a portion of such research being field initiated. Such 
     research program may focus on'';
       (B) by redesignating subparagraphs (A) through (C) as 
     subparagraph (B) through (D), respectively;
       (C) by inserting before subparagraph (B) (as so 
     redesignated) the following new subparagraph:
       ``(A) the nature and scope of child abuse and neglect;'';
       (D) in subparagraph (B) (as so redesignated), ``by striking 
     ``identification,, treatment and cultural'' and inserting 
     ``causes, prevention, assessment, identification, treatment, 
     cultural and socio-economic distinctions, and the 
     consequences of child abuse and neglect'';
       (E) in subparagraph (D) (as so redesignated)--
       (i) by striking clause (ii); and
       (ii) in clause (iii), to read as follows:
       ``(ii) the incidence of substantiated and unsubstantiated 
     reported child abuse cases;
       ``(iii) the number of substantiated cases that result in a 
     legal finding of child abuse or neglect or related criminal 
     court convictions;
       ``(iv) the extent to which the number of unsubstantiated, 
     unfounded and false reported cases of child abuse or neglect 
     have contributed to the inability of a State to respond 
     effectively to serious cases of child abuse or neglect;
       ``(v) the number of unsubstantiated, false, or unfounded 
     reports that have resulted in a child being placed on 
     substitute care, and the duration of such placement;
       ``(vi) the extent to which unsubstantiated reports return 
     as more serious cases of child abuse or neglect;
       ``(vii) the incidence and prevalence of physical, sexual, 
     and emotional abuse and physical and emotional neglect in 
     substitute care; and
       ``(viii) the incidence and outcomes of abuse allegations 
     reported within the context of divorce, custody, or other 
     family court proceedings, and the interaction between this 
     venue and the child protective services system.''; and
       (3) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by striking ``and demonstrations''; and
       (ii) by striking ``paragraph (1)(A) and activities under 
     section 106'' and inserting ``paragraph (1)''; and
       (B) in subparagraph (B), by striking ``and demonstration''.
       (b) Repeal.--Subsection (b) of section 105 (42 U.S.C. 
     5105(b)) is repealed.
       (c) Technical Assistance.--Section 105(c) (42 U.S.C. 
     5105(c)) is amended--
       (1) by striking ``The Secretary'' and inserting:
       ``(1) In general.--The Secretary'';
       (2) by striking ``, through the Center,'';
       (3) by inserting ``State and local'' before ``public and 
     nonprofit'';
       (4) by inserting ``assessment,'' before ``identification''; 
     and
       (5) by adding at the end thereof the following new 
     paragraphs:
       ``(2) Evaluation.--Such technical assistance may include an 
     evaluation or identification of--
       ``(A) various methods and procedures for the investigation, 
     assessment, and prosecution of child physical and sexual 
     abuse cases;
       ``(B) resultant ways to mitigate psychological trauma to 
     the child victim; and
       ``(C) effective programs carried out by the States under 
     titles I and III.
       ``(3) Dissemination.--The Secretary may provide for and 
     disseminate information relating to various training 
     resources available at the State and local level to--
       ``(A) individuals who are engaged, or who intend to engage, 
     in the prevention, identification, and treatment of child 
     abuse and neglect; and
       ``(B) to appropriate State and local officials to assist in 
     training law enforcement, legal, judicial, medical, mental 
     health, education, and child welfare personnel in appropriate 
     methods of interacting during investigative, administrative, 
     and judicial proceedings with children who have been 
     subjected to abuse.''.
       (d) Grants and Contracts.--Section 105(d)(2) (42 U.S.C. 
     5105(d)(2)) is amended by striking the second sentence.
       (e) Peer Review.--Section 105(e) (42 U.S.C. 5105(e)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and contracts''; and
       (B) in subparagraph (B)--
       (i) by striking ``shall'' and inserting ``may''; and
       (ii) by striking ``Office of Human Development'' and 
     inserting ``Administration on Children and Families''; and
       (2) in paragraph (2), by striking ``, contract, or other 
     financial assistance''.
     [[Page S8260]]
     
     SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

       Section 106 (42 U.S.C. 5106) is amended--
       (1) in the section heading, by striking ``OR SERVICE'';
       (2) in subsection (a), by striking paragraph (1) and 
     inserting the following new paragraph:
       ``(1) Demonstration programs and projects.--The Secretary 
     may make grants to, and enter into contracts with, public 
     agencies or nonprofit private agencies or organizations (or 
     combinations of such agencies or organizations) for time 
     limited, research based demonstration programs and projects 
     for the following purposes:
       ``(A) Training programs.--The Secretary may award grants to 
     public or private non-profit organizations under this 
     section--
       ``(i) for the training of professional and paraprofessional 
     personnel in the fields of medicine, law, education, social 
     work, and other relevant fields who are engaged in, or intend 
     to work in, the field of prevention, identification, and 
     treatment of child abuse and neglect;
       ``(ii) to provide culturally specific instruction in 
     methods of protecting children from child abuse and neglect 
     to children and to persons responsible for the welfare of 
     children, including parents of and persons who work with 
     children with disabilities;
       ``(iii) 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; and
       ``(iv) for the establishment of resource centers for the 
     purpose of providing information and training to 
     professionals working in the field of child abuse and 
     neglect.
       ``(B) Mutual support programs.--The Secretary may award 
     grants to private non-profit organizations (such as Parents 
     Anonymous) to establish or maintain a national network of 
     mutual support and self-help programs as a means of 
     strengthening families in partnership with their communities.
       ``(C) Other innovative programs and projects.--
       ``(i) In general.--The Secretary may award grants to public 
     agencies that demonstrate innovation in responding to reports 
     of child abuse and neglect including programs of 
     collaborative partnerships between the State child protective 
     service agency, community social service agencies and family 
     support programs, schools, churches and synagogues, and other 
     community agencies to allow for the establishment of a triage 
     system that--

       ``(I) accepts, screens and assesses reports received to 
     determine which such reports require an intensive 
     intervention and which require voluntary referral to another 
     agency, program or project;
       ``(II) provides, either directly or through referral, a 
     variety of community-linked services to assist families in 
     preventing child abuse and neglect; and
       ``(III) provides further investigation and intensive 
     intervention where the child's safety is in jeopardy.

       ``(ii) Preferred placement.--The Secretary may award grants 
     to public entities to assist such entities in developing or 
     implementing procedures protecting the rights of families, 
     using adult relatives as the preferred placement for children 
     removed from their home, where such relatives are determined 
     to be capable of providing a safe environment for the child 
     or where such relatives comply with the State child 
     protection standards.''; and
       (3) by adding at the end thereof the following new 
     subsection:
       ``(d) Evaluation.--In making grants for demonstration 
     projects under this section, 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 as a separate 
     grant entered into by the Secretary for the purpose of 
     evaluating a particular demonstration project or group of 
     projects.''.

     SEC. 109. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.

       Section 107 (42 U.S.C. 5107) is amended to read as follows:

     ``SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT 
                   PREVENTION AND TREATMENT PROGRAMS.

       ``(a)  Development and Operation Grants.--The Secretary 
     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, assessment, screening, and investigation 
     of reports of abuse and neglect;
       ``(2)(A) creating and improving the use of 
     multidisciplinary teams and interagency protocols to enhance 
     investigations; and
       ``(B) improving legal preparation and representation, 
     including--
       ``(i) procedures for appealing and responding to appeals of 
     substantiated reports of abuse and neglect; and
       ``(ii) provisions for the appointment of a guardian ad 
     litem.
       ``(3) case management and delivery of services provided to 
     children and their families;
       ``(4) enhancing the general child protective system by 
     improving risk and safety assessment tools and protocols, 
     automation systems that support the program and track reports 
     of child abuse and neglect from intake through final 
     disposition and information referral systems;
       ``(5) developing, strengthening, and facilitating training 
     opportunities and requirements for individuals overseeing and 
     providing services to children and their families through the 
     child protection system;
       ``(6) developing and facilitating training protocols for 
     individuals mandated to report child abuse or neglect;
       ``(7) developing, strengthening, and supporting child abuse 
     and neglect prevention, treatment, and research programs in 
     the public and private sectors; or
       ``(8) developing, implementing, or operating--
       ``(A) information and education programs or training 
     programs designed to improve the provision of services to 
     disabled infants with life-threatening conditions for--
       ``(i) professional and paraprofessional personnel concerned 
     with the welfare of disabled infants with life-threatening 
     conditions, including personnel employed in child protective 
     services programs and health-care facilities; and
       ``(ii) the parents of such infants;
       ``(B) programs to enhance the capacity of community-based 
     programs to integrate shared leadership strategies between 
     parents and professionals to prevent and treat child abuse 
     and neglect at the neighborhood level; and
       ``(C) programs to assist in obtaining or coordinating 
     necessary services for families of disabled infants with 
     life-threatening conditions, including--
       ``(i) existing social and health services;
       ``(ii) financial assistance; and
       ``(iii) services necessary to facilitate adoptive placement 
     of any such infants who have been relinquished for adoption.
       ``(b) Compliance and Education Grants.--The Secretary is 
     authorized to make grants to the States for purposes of 
     developing, implementing, or operating--
       ``(1) the procedures or programs required under subsection 
     (b)(2);
       ``(2) procedures or programs designed to improve the 
     provision of services to disabled infants with life-
     threatening conditions for--
       ``(A) professional and paraprofessional personnel concerned 
     with the welfare of disabled infants with life-threatening 
     conditions, including personnel employed in child protective 
     services programs and health-care facilities; and
       ``(B) the parents of such infants; and
       ``(3) programs to assist in obtaining or coordinating 
     necessary services for families of disabled infants with 
     life-threatening conditions, including--
       ``(A) existing social and health services;
       ``(B) financial assistance; and
       ``(C) services necessary to facilitate adoptive placement 
     of any such infants who have been relinquished for adoption.
       ``(c) Eligibility Requirements.--In order for a State to 
     qualify for a grant under subsection (a), such State shall 
     provide an assurance or certification, signed by the chief 
     executive officer of the State, that the State--
       ``(1) has in effect and operation a State law or Statewide 
     program relating to child abuse and neglect which ensures--
       ``(A) provisions or procedures for the reporting of known 
     and suspected instances of child abuse and neglect; and
       ``(B) procedures for the immediate screening, safety 
     assessment, and prompt investigation of such reports;
       ``(C) procedures for immediate steps to be taken to ensure 
     and protect the safety of the abused or neglected child and 
     of any other child under the same care who may also be in 
     danger of physical abuse or neglect;
       ``(D) provisions for immunity from prosecution under State 
     and local laws and regulations for individuals making good 
     faith reports of suspected or known instances of child abuse 
     or neglect;
       ``(E) methods to preserve the confidentiality of all 
     records in order to protect the rights of the child and of 
     the child's parents or guardians, including methods to ensure 
     that disclosure (and redisclosure) of information concerning 
     child abuse or neglect involving specific individuals is made 
     only to persons or entities that the State determines have a 
     need for such information directly related to the purposes of 
     this Act;
       ``(F) requirements for the prompt disclosure of all 
     relevant information to any Federal, State, or local 
     governmental entity, or any agent of such entity, with a need 
     for such information in order to carry out its 
     responsibilities under law to protect children from abuse and 
     neglect;
       ``(G) the cooperation of law enforcement officials, court 
     of competent jurisdiction, and appropriate State agencies 
     providing human services;
       ``(H) provisions requiring, and procedures in place that 
     facilitate the prompt expungement of any records that are 
     accessible to the general public or are used for purposes of 
     employment or other background checks in cases determined to 
     be unsubstantiated or false, except that nothing in this 
     section shall prevent State child protective service agencies 
     from keeping information on unsubstantiated reports in their 
     casework files to assist in future risk assessment; and
       ``(I) provisions and procedures requiring that in every 
     case involving an abused or neglected child which results in 
     a judicial proceeding, a guardian ad litem shall be appointed 
     to represent the child in such proceedings; 
     and [[Page S8261]] 
       ``(2) has in place procedures for responding to the 
     reporting of medical neglect (including instances of 
     withholding of medically indicated treatment from disabled 
     infants with life-threatening conditions), procedures or 
     programs, or both (within the State child protective services 
     system), to provide for--
       ``(A) coordination and consultation with individuals 
     designated by and within appropriate health-care facilities;
       ``(B) prompt notification by individuals designated by and 
     within appropriate health-care facilities of cases of 
     suspected medical neglect (including instances of withholding 
     of medically indicated treatment from disabled infants with 
     life-threatening conditions); and
       ``(C) authority, under State law, for the State child 
     protective service system to pursue any legal remedies, 
     including the authority to initiate legal proceedings in a 
     court of competent jurisdiction, as may be necessary to 
     prevent the withholding of medically indicated treatment from 
     disabled infants with life threatening conditions.
       ``(d) Additional Requirement.--Not later than 2 years after 
     the date of enactment of this section, the State shall 
     provide an assurance or certification that the State has in 
     place provisions, procedures, and mechanisms by which 
     individuals who disagree with an official finding of abuse or 
     neglect can appeal such finding.
       ``(e) State Program Plan.--To be eligible to receive a 
     grant under this section, a State shall submit every 5 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. Such plan shall be coordinated with the plan of the 
     State for child welfare services and family preservation and 
     family support services under part B of title IV of the 
     Social Security Act. and shall contain an outline of the 
     activities that the State intends to carry out using amounts 
     provided under the grant to achieve the purposes of this Act, 
     including the procedures to be used for--
       ``(1) receiving and assessing reports of child abuse or 
     neglect;
       ``(2) investigating such reports;
       ``(3) protecting children by removing them from dangerous 
     settings and ensuring their placement in a safe environment;
       ``(4) providing services or referral for services for 
     families and children where the child is not in danger of 
     harm;
       ``(5) providing services to individuals, families, or 
     communities, either directly or through referral, aimed at 
     preventing the occurrence of child abuse and neglect;
       ``(6) providing training to support direct line and 
     supervisory personnel in report-taking, screening, 
     assessment, decision-making, and referral for investigation; 
     and
       ``(7) providing training for individuals mandated to report 
     suspected cases of child abuse or neglect.
       ``(f) Restrictions Relating to Child Welfare Services.--
     Programs or projects relating to child abuse and neglect 
     assisted under part B of title IV of the Social Security Act 
     shall comply with the requirements set forth in paragraphs 
     (1)(A) and (B), (2), (3), (4), (5), and (6) of subsection 
     (c).
       ``(g) Annual State Data Reports.--Each State to which a 
     grant is made under this part shall annually submit to the 
     Secretary a report that includes the following:
       ``(1) The number of children who were reported to the State 
     during the year as abused or neglected.
       ``(2) Of the number of children described in paragraph (1), 
     the number with respect to whom such reports were--
       ``(A) substantiated;
       ``(B) unsubstantiated; and
       ``(C) determined to be false.
       ``(3) Of the number of children described in paragraph 
     (2)--
       ``(A) the number that did not receive services during the 
     year under the State program funded under this part or an 
     equivalent State program;
       ``(B) the number that received services during the year 
     under the State program funded under this part or an 
     equivalent State program; and
       ``(C) the number that were removed from their families 
     during the year by disposition of the case.
       ``(4) The number of families that received preventive 
     services from the State during the year.
       ``(5) The number of deaths in the State during the year 
     resulting from child abuse or neglect.
       ``(6) Of the number of children described in paragraph (5), 
     the number of such children who were in foster care.
       ``(7) The number of child protective service workers 
     responsible for the intake and screening of reports filed in 
     the previous year.
       ``(8) The agency response time with respect to each such 
     report with respect to initial investigation of reports of 
     child abuse or neglect.
       ``(9) The response time with respect to the provision of 
     services to families and children where an allegation of 
     abuse or neglect has been made.
       ``(10) The number of child protective service workers 
     responsible for intake, assessment, and investigation of 
     child abuse and neglect reports relative to the number of 
     reports investigated in the previous year.''.

     SEC. 110. REPEAL.

       Section 108 (42 U.S.C. 5106b) is repealed.

     SEC. 111. DEFINITIONS.

       Section 113 (42 U.S.C.5106h) is amended--
       (1) by striking paragraphs (1) and (2);
       (2) by redesignating paragraphs (3) through (10) as 
     paragraphs (1) through (8), respectively; and
       (3) in paragraph (2) (as so redesignated), to read as 
     follows:
       ``(2) the term `child abuse and neglect' means, at a 
     minimum, any recent act or failure to act on the part of a 
     parent or caretaker, which results in death or serious 
     physical, sexual, or emotional harm, or presents an imminent 
     risk of serious harm. Such term does not include a child who 
     has suffered harm where the harm results primarily from the 
     parent or caretaker's lack of financial resources or from 
     causes linked to such lack of resources;''.

     SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

       Section 114(a) (42 U.S.C. 5106h(a)) is amended to read as 
     follows:
       ``(a) In General.--
       ``(1) General authorization.--There are authorized to be 
     appropriated to carry out this title, $100,000,000 for fiscal 
     year 1996, and such sums as may be necessary for each of the 
     fiscal years 1997 through 2000.
       ``(2) Discretionary activities.--
       ``(A) In general.--Of the amounts appropriated for a fiscal 
     year under paragraph (1), the Secretary shall make available 
     33\1/3\ percent of such amounts to fund discretionary 
     activities under this title.
       ``(B) Demonstration projects.--Of the amounts made 
     available for a fiscal year under subparagraph (A), the 
     Secretary make available not more than 40 percent of such 
     amounts to carry out section 106.''.

     SEC. 113. RULE OF CONSTRUCTION.

       Title I (42 U.S.C. 5101 et seq.) is amended by adding at 
     the end thereof the following new section:

     ``SEC. 115. RULE OF CONSTRUCTION.

       ``(a) In General.--Nothing in this Act shall be construed 
     to require that a parent or legal guardian provide a child 
     any medical service or treatment, nor require a State to find 
     abuse or neglect in cases in which a parent or legal guardian 
     treats a child's health condition solely or partially by 
     spiritual or non-medical means.
       ``(b) State Intervention.--Notwithstanding subsection (a), 
     nothing in this Act shall be construed as precluding a State 
     from intervening to protect a child or find abuse or neglect 
     in a case involving the failure or refusal to provide a 
     medical service or treatment where such failure or refusal 
     will lead to imminent risk of severe harm to the child.''.
  TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

     SEC. 201. ESTABLISHMENT OF PROGRAM.

       Title II of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5116 et seq) is amended to read as follows:
 ``TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

     ``SEC. 201. PURPOSE AND AUTHORITY.

       ``(a) Purpose.--It is the purpose of this Act to support 
     State efforts to develop, operate, expand and enhance a 
     network of community-based, prevention-focused, family 
     resource and support programs that are culturally competent 
     and that coordinate resources among existing education, 
     vocational rehabilitation, disability, respite, health, 
     mental health, job readiness, self-sufficiency, child and 
     family development, community action, Head Start, child care, 
     child abuse and neglect prevention, juvenile justice, 
     domestic violence prevention and intervention, housing, and 
     other human service organizations within the State.
       ``(b) Authority.--The Secretary shall make grants under 
     this title on a formula basis to the entity designated by the 
     State as the lead entity (hereafter referred to in this title 
     as the `lead entity') for the purpose of--
       ``(1) developing, operating, expanding and enhancing 
     Statewide networks of community-based, prevention-focused, 
     family resource and support programs that--
       ``(A) offer sustained assistance to families;
       ``(B) provide early, comprehensive, and holistic support 
     for all parents;
       ``(C) promote the development of parental competencies and 
     capacities, especially in young parents and parents with very 
     young children;
       ``(D) increase family stability;
       ``(E) improve family access to other formal and informal 
     resources and opportunities for assistance available within 
     communities; and
       ``(F) support the additional needs of families with 
     children with disabilities;
       ``(2) fostering the development of a continuum of 
     preventive services for children and families through State 
     and community-based collaborations and partnerships both 
     public and private;
       ``(3) financing the start-up, maintenance, expansion, or 
     redesign of specific family resource and support program 
     services (such as respite services, child abuse and neglect 
     prevention activities, disability services, mental health 
     services, housing services, transportation, adult education, 
     home visiting and other similar services) identified by the 
     inventory and description of current services required under 
     section 205(a)(3) as an unmet need, and integrated with the 
     network of community-based family resource and support 
     program;
       ``(4) maximizing funding for the financing, planning, 
     community mobilization, collaboration, assessment, 
     information and referral, [[Page S8262]] startup, training 
     and technical assistance, information management, reporting 
     and evaluation costs for establishing, operating, or 
     expanding a Statewide network of community-based, prevention-
     focused, family resource and support program; and
       ``(5) financing public information activities that focus on 
     the healthy and positive development of parents and children 
     and the promotion of child abuse and neglect prevention 
     activities.

     ``SEC. 202. ELIGIBILITY.

       ``A State shall be eligible for a grant under this title 
     for a fiscal year if--
       ``(1)(A) the chief executive officer of the State has 
     designated an entity to administer funds under this title for 
     the purposes identified under the authority of this title, 
     including to develop, implement, operate, enhance or expand a 
     Statewide network of community-based, prevention-focused, 
     family resource and support programs, child abuse and neglect 
     prevention activities and access to respite services 
     integrated with the Statewide network;
       ``(B) in determining which entity to designate under 
     subparagraph (A), the chief executive officer should give 
     priority consideration to the trust fund advisory board of 
     the State or an existing entity that leverages Federal, 
     State, and private funds for a broad range of child abuse and 
     neglect prevention activities and family resource programs, 
     and that is directed by an interdisciplinary, public-private 
     structure, including participants from communities; and
       ``(C) such lead entity is an existing public, quasi-public, 
     or nonprofit private entity with a demonstrated ability to 
     work with other State and community-based agencies to provide 
     training and technical assistance, and that has the capacity 
     and commitment to ensure the meaningful involvement of 
     parents who are consumers and who can provide leadership in 
     the planning, implementation, and evaluation of programs and 
     policy decisions of the applicant agency in accomplishing the 
     desired outcomes for such efforts;
       ``(2) the chief executive officer of the State provides 
     assurances that the lead entity will provide of will be 
     responsible for providing--
       ``(A) a network of community-based family resource and 
     support programs composed of local, collaborative, public-
     private partnerships directed by interdisciplinary structures 
     with balanced representation from private and public sector 
     members, parents, and public and private nonprofit service 
     providers and individuals and organizations experienced in 
     working in partnership with families with children with 
     disabilities;
       ``(B) direction to the network through an 
     interdisciplinary, collaborative, public-private structure 
     with balanced representation from private and public sector 
     members, parents, and public sector and private nonprofit 
     sector service providers; and
       ``(C) direction and oversight to the network through 
     identified goals and objectives, clear lines of communication 
     and accountability, the provision of leveraged or combined 
     funding from Federal, State and private sources, centralized 
     assessment and planning activities, the provision of training 
     and technical assistance, and reporting and evaluation 
     functions; and
       ``(3) the chief executive officer of the State provides 
     assurances that the lead entity--
       ``(A) has a demonstrated commitment to parental 
     participation in the development, operation, and oversight of 
     the Statewide network of community-based, prevention-focused, 
     family resource and support programs;
       ``(B) has a demonstrated ability to work with State and 
     community-based public and private nonprofit organizations to 
     develop a continuum of preventive, family centered, holistic 
     services for children and families through the Statewide 
     network of community-based, prevention-focused, family 
     resource and support programs;
       ``(C) has the capacity to provide operational support (both 
     financial and programmatic) and training and technical 
     assistance, to the Statewide network of community-based, 
     prevention-focused, family resource and support programs, 
     through innovative, interagency funding and interdisciplinary 
     service delivery mechanisms; and
       ``(D) will integrate its efforts with individuals and 
     organizations experienced in working in partnership with 
     families with children with disabilities and with the child 
     abuse and neglect prevention activities of the State, and 
     demonstrate a financial commitment to those activities.

     ``SEC. 203. AMOUNT OF GRANT.

       ``(a) Reservation.--The Secretary shall reserve 1 percent 
     of the amount appropriated under section 210 for a fiscal 
     year to make allotments to Indian tribes and tribal 
     organizations and migrant programs.
       ``(b) In General.--Of the amounts appropriated for a fiscal 
     year under section 210 and remaining after the reservation 
     under subsection (a), The Secretary shall allot to each State 
     lead entity an amount so that--
       ``(1) 50 percent of the total amount allotted to the State 
     under this section is based on the number of children under 
     18 residing in the State as compared to the number of such 
     children residing in all States, except that no State shall 
     receive less than $250,000; and
       ``(2) each State receives, from the amounts remaining from 
     the total amount appropriated, an amount equal to 50 percent 
     of the amount that each such State has directed through the 
     lead agency to the purposes identified under the authority of 
     this title, including foundation, corporate, and other 
     private funding, State revenues, and Federal funds.
       ``(c) Allocation.--Funds allotted to a State under this 
     section shall be awarded on a formula basis for a 3-year 
     period. Payment under such allotments shall be made by the 
     Secretary annually on the basis described in subsection (a).

     ``SEC. 204. EXISTING AND CONTINUATION GRANTS.

       ``(a) Existing Grants.--Notwithstanding the enactment of 
     this title, a State or entity that has a grant, contract, or 
     cooperative agreement in effect, on the date of enactment of 
     this title, under the Family Resource and Support Program, 
     the Community-Based Family Resource Program, the Emergency 
     Child Abuse Prevention Grant Program, or the Temporary Child 
     Care for Children with Disabilities and Crisis Nurseries 
     Programs shall continue to receive funds under such programs, 
     subject to the original terms under which such funds were 
     granted, through the end of the applicable grant cycle.
       ``(b) Continuation Grants.--The Secretary may continue 
     grants for Family Resource and Support Program grantees, and 
     those programs otherwise funded under this Act, on a 
     noncompetitive basis, subject to the availability of 
     appropriations, satisfactory performance by the grantee, and 
     receipt of reports required under this Act, until such time 
     as the grantee no longer meets the original purposes of this 
     Act.

     ``SEC. 205. APPLICATION.

       ``(a) In General.--A grant may not be made to a State under 
     this title unless an application therefore is submitted by 
     the State to the Secretary and such application contains the 
     types of information specified by the Secretary as essential 
     to carrying out the provisions of section 202, including--
       ``(1) a description of the lead entity that will be 
     responsible for the administration of funds provided under 
     this title and the oversight of programs funded through the 
     Statewide network of community-based, prevention-focused, 
     family resource and support programs which meets the 
     requirements of section 202;
       ``(2) a description of how the network of community-based, 
     prevention-focused, family resource and support programs will 
     operate and how family resource and support services provided 
     by public and private, nonprofit organizations, including 
     those funded by programs consolidated under this Act, will be 
     integrated into a developing continuum of family centered, 
     holistic, preventive services for children and families;
       ``(3) an assurance that an inventory of current family 
     resource programs, respite, child abuse and neglect 
     prevention activities, and other family resource services 
     operating in the State, and a description of current unmet 
     needs, will be provided;
       ``(4) a budget for the development, operation and expansion 
     of the State's network of community-based, prevention-
     focused, family resource and support programs that verifies 
     that the State will expend an amount equal to not less than 
     20 percent of the amount received under this title (in cash, 
     not in-kind) for activities under this title;
       ``(5) an assurance that funds received under this title 
     will supplement, not supplant, other State and local public 
     funds designated for the Statewide network of community-
     based, prevention-focused, family resource and support 
     programs;
       ``(6) an assurance that the State network of community-
     based, prevention-focused, family resource and support 
     programs will maintain cultural diversity, and be culturally 
     competent and socially sensitive and responsive to the needs 
     of families with children with disabilities;
       ``(7) an assurance that the State has the capacity to 
     ensure the meaningful involvement of parents who are 
     consumers and who can provide leadership in the planning, 
     implementation, and evaluation of the programs and policy 
     decisions of the applicant agency in accomplishing the 
     desired outcomes for such efforts;
       ``(8) a description of the criteria that the entity will 
     use to develop, or select and fund, individual community-
     based, prevention-focused, family resource and support 
     programs as part of network development, expansion or 
     enhancement;
       ``(9) a description of outreach activities that the entity 
     and the community-based, prevention-focused, family resource 
     and support programs will undertake to maximize the 
     participation of racial and ethnic minorities, new 
     immigrant populations, children and adults with 
     disabilities, and members of other underserved or 
     underrepresented groups;
       ``(10) a plan for providing operational support, training 
     and technical assistance to community-based, prevention-
     focused, family resource and support programs for 
     development, operation, expansion and enhancement activities;
       ``(11) a description of how the applicant entity's 
     activities and those of the network and its members will be 
     evaluated;
       ``(12) a description of that actions that the applicant 
     entity will take to advocate changes in State policies, 
     practices, procedures and regulations to improve the delivery 
     of prevention-focused, family resource and support program 
     services to all children and families; and
       ``(13) an assurance that the applicant entity will provide 
     the Secretary with reports [[Page S8263]] at such time and 
     containing such information as the Secretary may require.

     ``SEC. 206. LOCAL PROGRAM REQUIREMENTS.

       ``(a) In General.--Grants made under this title shall be 
     used to develop, implement, operate, expand and enhance 
     community-based, prevention-focused, family resource and 
     support programs that--
       ``(1) assess community assets and needs through a planning 
     process that involves parents and local public agencies, 
     local nonprofit organizations, and private sector 
     representatives;
       ``(2) develop a strategy to provide, over time, a continuum 
     of preventive, holistic, family centered services to children 
     and families, especially to young parents and parents with 
     young children, through public-private partnerships;
       ``(3) provide--
       ``(A) core family resource and support services such as--
       ``(i) parent education, mutual support and self help, and 
     leadership services;
       ``(ii) early developmental screening of children;
       ``(iii) outreach services;
       ``(iv) community and social service referrals; and
       ``(v) follow-up services;
       ``(B) other core services, which must be provided or 
     arranged for through contracts or agreements with other local 
     agencies, including all forms of respite services; and
       ``(C) access to optional services, including--
       ``(i) child care, early childhood development and 
     intervention services;
       ``(ii) services and supports to meet the additional needs 
     of families with children with disabilities;
       ``(iii) job readiness services;
       ``(iv) educational services, such as scholastic tutoring, 
     literacy training, and General Educational Degree services;
       ``(v) self-sufficiency and life management skills training;
       ``(vi) community referral services; and
       ``(vii) peer counseling;
       ``(4) develop leadership roles for the meaningful 
     involvement of parents in the development, operation, 
     evaluation, and oversight of the programs and services;
       ``(5) provide leadership in mobilizing local public and 
     private resources to support the provision of needed family 
     resource and support program services; and
       ``(6) participate with other community-based, prevention-
     focused, family resource and support program grantees in the 
     development, operation and expansion of the Statewide 
     network.
       ``(b) Priority.--In awarding local grants under this title, 
     a lead entity shall give priority to community-based programs 
     serving low income communities and those serving young 
     parents or parents with young children, and to community-
     based family resource and support programs previously funded 
     under the programs consolidated under the Child Abuse 
     Prevention and Treatment Act Amendments of 1995, so long as 
     such programs meet local program requirements.

     ``SEC. 207. PERFORMANCE MEASURES.

       ``A State receiving a grant under this title, through 
     reports provided to the Secretary, shall--
       ``(1) demonstrate the effective development, operation and 
     expansion of a Statewide network of community-based, 
     prevention-focused, family resource and support programs that 
     meets the requirements of this title;
       ``(2) supply an inventory and description of the services 
     provided to families by local programs that meet identified 
     community needs, including core and optional services as 
     described in section 202;
       ``(3) demonstrate the establishment of new respite and 
     other specific new family resources services to address unmet 
     needs identified by the inventory and description of current 
     services required under section 201(b)(6);
       ``(4) describe the number of families served, including 
     families with children with disabilities, and the involvement 
     of a diverse representation of families in the design, 
     operation, and evaluation of the Statewide network of 
     community-based, prevention-focused, family resource and 
     support programs, and in the design, operation and evaluation 
     of the individual community-based family resource and support 
     programs that are part of the Statewide network funded under 
     this title;
       ``(4) demonstrate a high level of satisfaction among 
     families who have used the services of the community-based, 
     prevention-focused, family resource and support programs;
       ``(5) demonstrate the establishment or maintenance of 
     innovative funding mechanisms, at the State or community 
     level, that blend Federal, State, local and private funds, 
     and innovative, interdisciplinary service delivery 
     mechanisms, for the development, operation, expansion and 
     enhancement of the Statewide network of community-based, 
     prevention-focused, family resource and support programs;
       ``(6) describe the results of a peer review process 
     conducted under the State program; and
       ``(7) demonstrate an implementation plan to ensure the 
     continued leadership of parents in the on-going planning, 
     implementation, and evaluation of such community based, 
     prevention-focused, family resource and support programs.

     ``SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY 
                   RESOURCE PROGRAMS.

       ``The Secretary may allocate such sums as may be necessary 
     from the amount provided under the State allotment to support 
     the activities of the State network--
       ``(1) to create, operate and maintain a peer review 
     process;
       ``(2) to create, operate and maintain an information 
     clearinghouse;
       ``(3) to fund a yearly symposium on State system change 
     efforts that result from the operation of the Statewide 
     networks of community-based, prevention-focused, family 
     resource and support programs;
       ``(4) to create, operate and maintain a computerized 
     communication system between lead entities; and
       ``(5) to fund State-to-State technical assistance through 
     bi-annual conferences.

     ``SEC. 209. DEFINITIONS.

       ``(1) Children with disabilities.--The term `children with 
     disabilities' has the same meaning given such term in section 
     602(a)(2) of the Individuals with Disabilities Education Act.
       ``(2) Community referral services.--The term `community 
     referral services' means services provided under contract or 
     through interagency agreements to assist families in 
     obtaining needed information, mutual support and community 
     resources, including respite services, health and mental 
     health services, employability development and job training, 
     and other social services through help lines or other 
     methods.
       ``(3) Culturally competent.--The term `culturally 
     competent' means services, support, or other assistance that 
     is conducted or provided in a manner that--
       ``(A) is responsive to the beliefs, interpersonal styles, 
     attitudes, languages, and behaviors of those individuals and 
     families receiving services; and
       ``(B) has the greatest likelihood of ensuring maximum 
     participation of such individuals and families.
       ``(4) Family resource and support program.--The term 
     `family resource and support program' means a community-
     based, prevention-focused entity that--
       ``(A) provides, through direct service, the core services 
     required under this title, including--
       ``(i) parent education, support and leadership services, 
     together with services characterized by relationships between 
     parents and professionals that are based on equality and 
     respect, and designed to assist parents in acquiring 
     parenting skills, learning about child development, and 
     responding appropriately to the behavior of their children;
       ``(ii) services to facilitate the ability of parents to 
     serve as resources to one another other (such as through 
     mutual support and parent self-help groups);
       ``(iii) early developmental screening of children to assess 
     any needs of children, and to identify types of support that 
     may be provided;
       ``(iv) outreach services provided through voluntary home 
     visits and other methods to assist parents in becoming aware 
     of and able to participate in family resources and support 
     program activities;
       ``(v) community and social services to assist families in 
     obtaining community resources; and
       ``(vi) follow-up services;
       ``(B) provides, or arranges for the provision of, other 
     core services through contracts or agreements with other 
     local agencies, including all forms of respite services; and
       ``(C) provides access to optional services, directly or by 
     contract, purchase of service, or interagency agreement, 
     including--
       ``(i) child care, early childhood development and early 
     intervention services;
       ``(ii) self-sufficiency and life management skills 
     training;
       ``(iii) education services, such as scholastic tutoring, 
     literacy training, and General Educational Degree services;
       ``(iv) job readiness skills;
       ``(v) child abuse and neglect prevention activities;
       ``(vi) services that families with children with 
     disabilities or special needs may require;
       ``(vii) community and social service referral;
       ``(viii) peer counseling;
       ``(ix) referral for substance abuse counseling and 
     treatment; and
       ``(x) help line services.
       ``(5) National network for Community-Based Family Resource 
     Programs.--The term `network for community-based family 
     resource program' means the organization of State designated 
     entities who receive grants under this title, and includes 
     the entire membership of the Children's Trust Fund Alliance 
     and the National Respite Network.
       ``(6) Outreach services.--The term `outreach services' 
     means services provided to assist consumers, through 
     voluntary home visits or other methods, in accessing and 
     participating in family resource and support program 
     activities.
       ``(7) Respite services.--The term `respite services' means 
     short term care services provided in the temporary absence of 
     the regular caregiver (parent, other relative, foster parent, 
     adoptive parent, or guardian) to children who--
       ``(A) are in danger of abuse or neglect;
       ``(B) have experienced abuse or neglect; or
       ``(C) have disabilities, chronic, or terminal 
     illnesses. [[Page S8264]] 
     Such services shall be provided within or outside the home of 
     the child, be short-term care (ranging from a few hours to a 
     few weeks of time, per year), and be intended to enable the 
     family to stay together and to keep the child living in the 
     home and community of the child.

     ``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title, $108,000,000 for each of the fiscal years 1996, 1997, 
     and 1998.''.

     SEC. 202. REPEALS.

       (a) Temporary Child Care for Children with Disabilities and 
     Crisis Nurseries Act.--The Temporary Child Care for Children 
     with Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 
     5117 et seq.) is repealed.
       (b) Family Support Centers.--Subtitle F of title VII of the 
     Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481 
     et seq.) is repealed.
           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

     SEC. 301. REFERENCE.

       Except as otherwise expressly 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 a section or 
     other provision of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10401 et seq.).

     SEC. 302. STATE DEMONSTRATION GRANTS.

       Section 303(e) (42 U.S.C. 10420(e)) is amended--
       (1) by striking ``following local share'' and inserting 
     ``following non-Federal matching local share''; and
       (2) by striking ``20 percent'' and all that follows through 
     ``private sources.'' and inserting ``with respect to an 
     entity operating an existing program under this title, not 
     less than 20 percent, and with respect to an entity intending 
     to operate a new program under this title, not less than 35 
     percent.''.

     SEC. 303. ALLOTMENTS.

       Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended by 
     striking ``$200,000'' and inserting ``$400,000''.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

       Section 310 (42 U.S.C. 10409) is amended--
       (1) in subsection (b), by striking ``80'' and inserting 
     ``70''; and
       (2) by adding at the end thereof the following new 
     subsections:
       ``(d) Grants for State Coalitions.--Of the amounts 
     appropriated under subsection (a) for each fiscal year, not 
     less than 10 percent of such amounts shall be used by the 
     Secretary for making grants under section 311.
       ``(e) Non-Supplanting Requirement.--Federal funds made 
     available to a State under this title shall be used to 
     supplement and not supplant other Federal, State, and local 
     public funds expended to provide services and activities that 
     promote the purposes of this title.''.
                    TITLE IV--ADOPTION OPPORTUNITIES

     SEC. 401. REFERENCE.

       Except as otherwise expressly 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 a section or 
     other provision of the Child Abuse Prevention and Treatment 
     and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.).

     SEC. 402. FINDINGS AND PURPOSE.

       Section 201 (42 U.S.C. 5111) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``50 percent between 1985 and 1990'' and 
     inserting ``61 percent between 1986 and 1994''; and
       (ii) by striking ``400,000 children at the end of June, 
     1990'' and inserting ``452,000 as of June, 1994''; and
       (B) in paragraph (5), by striking ``local'' and inserting 
     ``legal''; and
       (C) in paragraph (7), to read as follows:
       ``(7)(A) currently, 40,000 children are free for adoption 
     and awaiting placement;
       ``(B) such children are typically school aged, in sibling 
     groups, have experienced neglect or abuse, or have a 
     physical, mental, or emotional disability; and
       ``(C) while the children are of all races, children of 
     color and older children (over the age of 10) are over 
     represented in such group;''; and
       (2) in subsection (b)--
       (A) by striking ``conditions, by--'' and all that follows 
     through ``providing a mechanism'' and inserting ``conditions, 
     by providing a mechanism''; and
       (B) by redesignating subparagraphs (A) through (C), as 
     paragraphs (1) through (3), respectively and by realigning 
     the margins of such paragraphs accordingly.

     SEC. 403. INFORMATION AND SERVICES.

       Section 203 (42 U.S.C. 5113) is amended--
       (1) in subsection (a), by striking the last sentence;
       (2) in subsection (b)--
       (A) in paragraph (6), to read as follows:
       ``(6) study the nature, scope, and effects of the placement 
     of children in kinship care arrangements, pre-adoptive, or 
     adoptive homes;'';
       (B) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively; and
       (C) by inserting after paragraph (6), the following new 
     paragraph:
       ``(7) study the efficacy of States contracting with public 
     or private nonprofit agencies (including community-based 
     organizations), organizations, or sectarian institutions for 
     the recruitment of potential adoptive and foster families and 
     to provide assistance in the placement of children for 
     adoption;''; and
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``Each'' and inserting ``(A) Each'';
       (ii) by striking ``for each fiscal year'' and inserting 
     ``that describes the manner in which the State will use funds 
     during the 3-fiscal years subsequent to the date of the 
     application to accomplish the purposes of this section. Such 
     application shall be''; and
       (iii) by adding at the end thereof the following new 
     subparagraph:
       ``(B) The Secretary shall provide, directly or by grant to 
     or contract with public or private nonprofit agencies or 
     organizations--
       ``(i) technical assistance and resource and referral 
     information to assist State or local governments with 
     termination of parental rights issues, in recruiting and 
     retaining adoptive families, in the successful placement of 
     children with special needs, and in the provision of pre- and 
     post-placement services, including post-legal adoption 
     services; and
       ``(ii) other assistance to help State and local governments 
     replicate successful adoption-related projects from other 
     areas in the United States.''.

     SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

       Section 205 (42 U.S.C. 5115) is amended--
       (1) in subsection (a)--
       (A) by striking ``$10,000,000,'' and all that follows 
     through ``1992, and''; and
       (B) by inserting ``$20,000,000 for fiscal year 1996, and 
     such sums as may be necessary for fiscal year 1997'' after 
     ``1995,'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) as subsection (b).
           TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

     SEC. 501. REAUTHORIZATION.

       Section 104(a)(1) of the Abandoned Infants Assistance Act 
     of 1988 (42 U.S.C. 670 note) is amended by striking 
     ``$20,000,000'' and all that follows through the end thereof 
     and inserting ``$35,000,000 for each of the fiscal years 1995 
     and 1996, and such sums as may be necessary for each of the 
     fiscal years 1997 through 2000''.
             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

     SEC. 601. MISSING CHILDREN'S ASSISTANCE ACT.

       Section 408 of the Missing Children's Assistance Act (42 
     U.S.C. 5777) is amended--
       (1) by striking ``To'' and inserting ``(a) In General.--''
       (2) by striking ``and 1996'' and inserting ``1996, and 
     1997''; and
       (3) by adding at the end thereof the following new 
     subsection:
       ``(b) Evaluation.--The Administrator shall use not more 
     than 5 percent of the amount appropriated for a fiscal year 
     under subsection (a) to conduct an evaluation of the 
     effectiveness of the programs and activities established and 
     operated under this title.''.

     SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.

       Section 214B of the Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13004) is amended--
       (1) in subsection (a)(2), by striking ``and 1996'' and 
     inserting ``1996, and 1997''; and
       (2) in subsection (b)(2), by striking ``and 1996'' and 
     inserting ``1996, and 1997''.

 Mrs. KASSEBAUM. Mr. President, I am pleased to join with 
Senator Coats today in introducing the Child Abuse Prevention and 
Treatment Act Amendments of 1995. This important legislation 
reauthorizes the Child Abuse and Prevention Treatment Act (CAPTA) and 
makes several important changes to the legislation. CAPTA is the only 
Federal program specifically aimed at the prevention and treatment of 
child abuse.
  Federal involvement in child welfare began with the passage of CAPTA 
in 1974. This act has provided critical leadership to help States 
identify child abuse and neglect, improve State child protective 
systems, and prevent and treat child abuse and neglect. CAPTA has 
assisted States in establishing mandatory reporting systems of child 
abuse and neglect. In addition, the act provided immunity from 
prosecution for mandated reporters who act in good faith to report 
suspected cases of child abuse and neglect. This has dramatically 
improved States' ability to intervene in situations where abuse has 
occurred. The legislation Senator Coats and I are introducing today 
will make significant improvements to state reporting systems by 
placing a stronger emphasis on training of mandated reporters and case 
workers and by building in an assessment component in the reporting and 
investigation process.
  CAPTA has also provided funding for research in the field of child 
abuse and neglect. Research is critical to understanding this issue and 
to providing professionals with the necessary tools to assist children 
and families who may be at risk of child abuse and neglect. In 
addition, CAPTA has established a national clearinghouse to collect 
data on child abuse and neglect. [[Page S8265]] Amendments to CAPTA 
have been made to strengthen research efforts and to expand the 
clearinghouse's data collection function to include information on 
substantiated, unsubstantiated, and false reports of child abuse and 
neglect.
  This legislation also seeks to encourage State and local innovation 
through demonstration grants in the areas of training and education, 
reporting and investigation of abuse and neglect, and encouraging 
parent mutual support and self-help programs.
  The reauthorization of CAPTA also includes a prevention component 
that involves networks of local community-based organizations whose 
primary purpose is to assist families at risk of child abuse and 
neglect. Title II of this legislation consolidates several programs, 
the Temporary Child Care for Children with Disabilities and Crisis 
Nurseries Act and the Family Support Centers under the Stewart B. 
McKinney Homeless Assistance Act, into the Community-Based Family 
Resource Grants program. The programs being consolidated provide a 
range of services to families, from respite care and support services 
to families with disabled children to assisting families in finding 
affordable housing. The grants are awarded to States that demonstrate a 
commitment to establishing a network of resources designed to assist 
families and prevent child abuse and neglect and to providing 
leadership in coordinating various programs and activities at the State 
and local levels.
  The Child Abuse and Prevention Treatment Act Amendments of 1995 has 
been reauthorized at $100 million for fiscal year 1996 and such sums as 
necessary through fiscal year 2000.
  The legislation also includes several minor technical amendments to 
the Family Violence Prevention and Services Act to reconcile 
differences between this and the Victims of Crime Act. In addition, 
Title IV and Title V reauthorize the Adoption Opportunities Act and the 
Abandoned Infants Assistance Act. Several technical changes have been 
made to the Adoption Opportunities Act to improve this program. Also, a 
provision has been included to require the Secretary of Health and 
Human Services to study and report on the efficacy of requiring States 
to contract with public, private nonprofit, and sectarian institutions 
for recruitment of prospective foster care and adoptive parents and for 
assistance with the placement of children with special needs. The 
Adoption Opportunities Act has been reauthorized at $20 million for 
fiscal year 1996 and such sums as may be necessary through fiscal year 
2000. The Abandoned Infants Assistance Act has been reauthorized at $35 
million for fiscal year 1996 and such sums as may be necessary through 
fiscal year 2000.
  Finally, in conjunction with Senator Hatch, several programs under 
the Senate Committee on the Judiciary's jurisdiction that were included 
in Title II of the House welfare reform proposal, have been 
reauthorized under Title VI of CAPTA. They are the Missing Children's 
Assistance Act and the Victims of Child Abuse Act of 1990. Both 
programs have been reauthorized through 1997.
  I believe this legislation will make significant improvements to the 
reporting, prevention, and treatment of child abuse and neglect. I 
would like to thank Senator Coats for his strong commitment to children 
and his leadership on this very important issue. I hope that this 
legislation will receive bipartisan support from my colleagues in the 
Senate and that many of you will join with Senator Coats and me in 
ensuring its passage on the Senate floor.


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