[Congressional Record Volume 149, Number 49 (Wednesday, March 26, 2003)]
[House]
[Pages H2345-H2372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003
Mr. HOEKSTRA. Mr. Speaker, pursuant to the order of the House of
March 25, 2003, I call up the bill (H.R. 14) to amend the Child Abuse
Prevention and Treatment Act to make improvements to and reauthorize
programs under that Act, and for other purposes, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to the order of the House of
Tuesday, March 25, 2003, the bill is considered read for amendment.
The text of H.R. 14 is as follows:
H.R. 14
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 ``Keeping
Children and Families Safe Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Findings.
Subtitle A--General Program
Sec. 111. National Clearinghouse for Information Relating to Child
Abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Authorization of appropriations.
Sec. 116. Reports.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource
programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.
Subtitle C--Conforming Amendments
Sec. 141. Conforming amendments.
TITLE II--ADOPTION OPPORTUNITIES
Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.
TITLE III--ABANDONED INFANTS ASSISTANCE
Sec. 301. Findings.
Sec. 302. Establishment of local programs.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 401. State demonstration grants.
Sec. 402. Secretarial responsibilities.
Sec. 403. Evaluation.
Sec. 404. Information and technical assistance centers.
Sec. 405. Authorization of appropriations.
Sec. 406. Grants for State domestic violence coalitions.
Sec. 407. Evaluation and monitoring.
Sec. 408. Family member abuse information and documentation project.
Sec. 409. Model State leadership grants.
Sec. 410. National domestic violence hotline grant.
Sec. 411. Youth education and domestic violence.
Sec. 412. Demonstration grants for community initiatives.
Sec. 413. Transitional housing assistance.
Sec. 414. Technical and conforming amendments.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000''
and inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form
of maltreatment; and
``(B) investigations have determined that approximately 63
percent of children who were victims of maltreatment in 2000
suffered neglect, 19 percent suffered physical abuse, 10
percent suffered sexual abuse, and 8 percent suffered
emotional maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2000, an estimated 1,200 children were counted by
child protection services to have died as a result of abuse
or neglect; and
``(C) children younger than 1 year old comprised 44 percent
of child abuse fatalities and 85 percent of child abuse
fatalities were younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment;
``(B) slightly less than half of these children (45 percent
in 2000) and their families fail to receive adequate
protection or treatment; and
``(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in 2000,
as a result of an investigation or assessment conducted by
the child protective services agency, received no
services;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``organizations'' and
inserting ``community-based organizations'';
(B) in subparagraph (D), by striking ``ensures'' and all
that follows through ``knowledge,'' and inserting
``recognizes the need for
[[Page H2346]]
properly trained staff with the qualifications needed''; and
(C) in subparagraph (E), by inserting before the semicolon
the following: ``, which may impact child rearing patterns,
while at the same time, not allowing those differences to
enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking
``this national child and family emergency'' and inserting
``child abuse and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting ``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.
Subtitle A--General Program
SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.
(a) Functions.--Section 103(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all
effective programs, including private and community-based
programs, that show promise of success with respect to the
prevention, assessment, identification, and treatment of
child abuse and neglect and hold the potential for broad
scale implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting
a semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used
for achieving improvements in child protective systems;'';
and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that 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) ways to mitigate psychological trauma to the child
victim; and
``(C) effective programs carried out by the States under
this Act; and
``(5) collect 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) appropriate State and local officials to assist in
training law enforcement, legal, judicial, medical, mental
health, education, and child welfare personnel.''.
(b) Coordination With Available Resources.--Section
103(c)(1) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104(c)(1)) is amended--
(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that describes
best practices being used throughout the Nation for making
appropriate referrals related to, and addressing, the
physical, developmental, and mental health needs of abused
and neglected children; and''.
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND
DEMONSTRATIONS.
(a) Research.--Section 104(a) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in the first
sentence, by inserting ``, including longitudinal research,''
after ``interdisciplinary program of research''; and
(B) in subparagraph (B), by inserting before the semicolon
the following: ``, including the effects of abuse and neglect
on a child's development and the identification of successful
early intervention services or other services that are
needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and inserting
``judicial systems, including multidisciplinary, coordinated
decisionmaking procedures''; and
(ii) by striking ``and'' at the end; and
(D) in subparagraph (D)--
(i) in clause (viii), by striking ``and'' at the end;
(ii) by redesignating clause (ix) as clause (x); and
(iii) by inserting after clause (viii), the following:
``(ix) the incidence and prevalence of child maltreatment
by a wide array of demographic characteristics such as age,
sex, race, family structure, household relationship
(including the living arrangement of the resident parent and
family size), school enrollment and education attainment,
disability, grandparents as caregivers, labor force status,
work status in previous year, and income in previous year;
and'';
(E) by redesignating subparagraph (D) as subparagraph (I);
and
(F) by inserting after subparagraph (C), the following:
``(D) the evaluation and dissemination of best practices
consistent with the goals of achieving improvements in the
child protective services systems of the States in accordance
with paragraphs (1) through (12) of section 106(a);
``(E) effective approaches to interagency collaboration
between the child protection system and the juvenile justice
system that improve the delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems;
``(F) an evaluation of the redundancies and gaps in the
services in the field of child abuse and neglect prevention
in order to make better use of resources;
``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of low
income children who need health services, including mental
health services;
``(H) the information on the national incidence of child
abuse and neglect specified in clauses (i) through (xi) of
subparagraph (H); and'';
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Not later than 2 years after the date of enactment of
the Keeping Children and Families Safe Act of 2003, and every
2 years thereafter, the Secretary shall provide an
opportunity for public comment concerning the priorities
proposed under subparagraph (A) and maintain an official
record of such public comment.'';
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on
the national incidence of child abuse and neglect, including
the information on the national incidence on child abuse and
neglect specified in subparagraphs (i) through (ix) of
paragraph (1)(I).
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate a report that contains the results
of the research conducted under paragraph (2).''.
(b) Provision of Technical Assistance.--Section 104(b) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``nonprofit private agencies and'' and
inserting ``private agencies and community-based''; and
(B) by inserting ``, including replicating successful
program models,'' after ``programs and activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link child
protective service agencies with health care, mental health
care, and developmental services to improve forensic
diagnosis and health evaluations, and barriers and shortages
to such linkages.''.
(c) Demonstration Programs and Projects.--Section 104 of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105)
is amended by adding at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary
may award grants to, and enter into contracts with, States or
public or private agencies or organizations (or combinations
of such agencies or organizations) for time-limited,
demonstration projects for the following:
``(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary may
award grants under this subsection to entities to assist such
entities in establishing and operating safe, family-friendly
physical environments--
``(A) for court-ordered, supervised visitation between
children and abusing parents; and
``(B) to safely facilitate the exchange of children for
visits with noncustodial parents in cases of domestic
violence.
``(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide educational
identification, prevention, and treatment services in
cooperation with preschool and elementary and secondary
schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects
that provide for the development of research-based risk and
safety assessment tools relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve research-
based innovative training for mandated child abuse and
neglect reporters.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) Demonstration Programs and Projects.--Section 105(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106(a)) is amended--
(1) in the subsection heading, by striking
``Demonstration'' and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
[[Page H2347]]
(A) in subparagraph (A), by striking ``law, education,
social work, and other relevant fields'' and inserting ``law
enforcement, judiciary, social work and child protection,
education, and other relevant fields, or individuals such as
court appointed special advocates (CASAs) and guardian ad
litem,'';
(B) in subparagraph (B), by striking ``nonprofit'' and all
that follows through ``; and'' and inserting ``children,
youth and family service organizations in order to prevent
child abuse and neglect;'';
(C) in subparagraph (C), by striking the period and
inserting a semicolon;
(D) by adding at the end the following:
``(D) for training to support the enhancement of linkages
between child protective service agencies and health care
agencies, including physical and mental health services, to
improve forensic diagnosis and health evaluations and for
innovative partnerships between child protective service
agencies and health care agencies that offer creative
approaches to using existing Federal, State, local, and
private funding to meet the health evaluation needs of
children who have been subjects of substantiated cases of
child abuse or neglect;
``(E) for the training of personnel in best practices to
promote collaboration with the families from the initial time
of contact during the investigation through treatment;
``(F) for the training of personnel regarding the legal
duties of such personnel and their responsibilities to
protect the legal rights of children and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and local
health care agencies, alcohol and drug abuse prevention and
treatment agencies, mental health agencies, and other public
and private welfare agencies to promote child safety,
permanence, and family stability;
``(I) for cross training for child protective service
workers in research-based methods for recognizing situations
of substance abuse, domestic violence, and neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to disabled
infants with life-threatening conditions for--
``(i) professionals 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.'';
(4) by redesignating paragraph (2) and (3) as paragraphs
(3) and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants
under this subsection to public and private agencies that
demonstrate innovation in responding to reports of child
abuse and neglect, including programs of collaborative
partnerships between the State child protective services
agency, community social service agencies and family support
programs, law enforcement agencies, developmental disability
agencies, substance abuse treatment entities, health care
entities, domestic violence prevention entities, mental
health service entities, schools, churches and synagogues,
and other community agencies, to allow for the establishment
of a triage system that--
``(A) 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;
``(B) provides, either directly or through referral, a
variety of community-linked services to assist families in
preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in jeopardy.'';
(6) in paragraph (3) (as so redesignated), by striking
``(such as Parents Anonymous)'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinship
care.--'' and inserting the following:
``(4) Kinship care.--
``(A) In general.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies
and public health, mental health, and developmental
disabilities agencies.--The Secretary may award grants to
entities that provide linkages between State or local child
protective service agencies and public health, mental health,
and developmental disabilities agencies, for the purpose of
establishing linkages that are designed to help assure that a
greater number of substantiated victims of child maltreatment
have their physical health, mental health, and developmental
needs appropriately diagnosed and treated.''.
(b) Discretionary Grants.--Section 105(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) by inserting after paragraph (2) (as so redesignated),
the following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a
report of maltreatment has been substantiated.''; and
(4) in paragraph (4)(D), by striking ``nonprofit''.
(c) Evaluation.--Section 105(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the
Secretary shall make available technical assistance for
the evaluation, where needed, including the use of a
rigorous application of scientific evaluation
techniques.''.
(d) Technical Amendment to Heading.--The section heading
for section 105 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106) is amended to read as follows:
``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES
AND ORGANIZATIONS.''.
SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case monitoring,''
after ``case management''; and
(B) by inserting ``and treatment'' after ``and delivery of
services'';
(2) in paragraph (4), by striking ``improving'' and all
that follows through ``referral systems'' and inserting
``developing, improving, and implementing risk and safety
assessment tools and protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and
neglect from intake through final disposition and allow
interstate and intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including training regarding research-based
practices to promote collaboration with the families and the
legal duties of such individuals'';
(7) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) improving the skills, qualifications, and
availability of individuals providing services to children
and families, and the supervisors of such individuals,
through the child protection system, including improvements
in the recruitment and retention of caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating research-based training
protocols for individuals mandated to report child abuse or
neglect;
``(10) developing, implementing, or operating 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;
``(11) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';
(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon; and
(10) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or
neglected, including supporting prompt, comprehensive health
and developmental evaluations for children who are the
subject of substantiated child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the Secretary of any
substantive changes'' and inserting the following: `` provide
notice to the Secretary--
``(i) of any substantive changes; and'';
(ii) by striking the period and inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) any significant changes to how funds provided under
this section are used to support the activities which may
differ from the
[[Page H2348]]
activities as described in the current State application.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii), (iv), (v), (vi),
(vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses
(iii), (v), (vi), (vii), (ix), (x), (xi), (xii), (xiii),
(xiv), (xv) and (xvi), respectively;
(ii) by inserting after clause (i), the following:
``(ii) policies and procedures to address the needs of
infants born and identified with fetal alcohol effects, fetal
alcohol syndrome, neonatal intoxication or withdrawal
syndrome, or neonatal physical or neurological harm resulting
from prenatal drug exposure, including--
``(I) the requirement that health care providers involved
in the delivery or care of such infants notify the child
protective services system of the occurrence of such
condition in such infants, except that such notification
shall not be construed to create a definition under Federal
law of what constitutes child abuse and such notification
shall not be construed to require prosecution for any illegal
action; and
``(II) the development of a safe plan of care for the
infant under which consideration may be given to providing
the mother with health services (including mental health
services), social services, parenting services, and substance
abuse prevention and treatment counseling and to providing
the infant with referral to the statewide early intervention
program funded under part C of the Individuals with
Disabilities Education Act for an evaluation for the need for
services provided under part C of such Act;'';
(iii) in clause (iii) (as so redesignated), by inserting
``risk and'' before ``safety'';
(iv) by inserting after clause (iii) (as so redesignated),
the following:
``(iv) triage procedures for the appropriate referral of a
child not at risk of imminent harm to a community
organization or voluntary preventive service;'';
(v) in clause (vii)(II) (as so redesignated), by striking
``, having a need for such information in order to carry out
its responsibilities under law to protect children from abuse
and neglect'' and inserting ``, as described in clause
(viii)'';
(vi) by inserting after clause (vii) (as so redesignated),
the following:
``(viii) provisions to require a State to disclose
confidential information to any Federal, State, or local
government entity, or any agent of such entity, that has a
need for such information in order to carry out its
responsibilities under law to protect children from abuse and
neglect;'';
(vii) in clause (xii) (as so redesignated)--
(I) by inserting ``who has received training appropriate to
the role, and'' after ``guardian ad litem,''; and
(II) by inserting ``who has received training appropriate
to that role'' after ``advocate'';
(viii) in clause (xiv) (as so redesignated), by striking
``to be effective not later than 2 years after the date of
enactment of this section'';
(ix) in clause (xv) (as so redesignated)--
(I) by striking ``to be effective not later than 2 years
after the date of enactment of this section''; and
(II) by striking ``and'' at the end;
(x) in clause (xvi) (as so redesignated), by striking
``clause (xii)'' each place that such appears and inserting
``clause (xv)''; and
(xi) by adding at the end the following:
``(xvii) provisions and procedures to require that a
representative of the child protective services agency shall,
at the initial time of contact with the individual subject to
a child abuse and neglect investigation, advise the
individual of the complaints or allegations made against the
individual, in a manner that is consistent with laws
protecting the rights of the informant;
``(xviii) provisions addressing the training of
representatives of the child protective services system
regarding the legal duties of the representatives, which may
consist of various methods of informing such representatives
of such duties, in order to protect the legal rights and
safety of children and families from the initial time of
contact during investigation through treatment;
``(xix) provisions and procedures for improving the
training, retention, and supervision of caseworkers;
``(xx) provisions and procedures for referral of a child
under the age of 3 who is involved in a substantiated case of
child abuse or neglect to the statewide early intervention
program funded under part C of the Individuals with
Disabilities Education Act for an evaluation for the need of
services provided under part C of such Act; and
``(xxi) not later than 2 years after the date of enactment
of the Keeping Children and Families Safe Act of 2003,
provisions and procedures for requiring criminal background
record checks for prospective foster and adoptive parents and
other adult relatives and non-relatives residing in the
household;''; and
(C) in paragraph (2), by adding at the end the following
flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse
and neglect.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is
amended by striking ``With regard to clauses (v) and (vi) of
paragraph (2)(A)'' and inserting ``With regard to clauses
(vi) and (vii) of paragraph (2)(A)''.
(c) Citizen Review Panels.--Section 106(c) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures'' and inserting ``,
procedures, and practices''; and
(II) by striking ``the agencies'' and inserting ``State and
local child protection system agencies''; and
(ii) in clause (iii)(I), by striking ``State'' and
inserting ``State and local''; and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide for public
outreach and comment in order to assess the impact of current
procedures and practices upon children and families in the
community and in order to meet its obligations under
subparagraph (A).''; and
(2) in paragraph (6)--
(A) by striking ``public'' and inserting ``State and the
public''; and
(B) by inserting before the period the following: ``and
recommendations to improve the child protection services
system at the State and local levels. Not later than 6 months
after the date on which a report is submitted by the panel to
the State, the appropriate State agency shall submit a
written response to the State and local child protection
systems that describes whether or how the State will
incorporate the recommendations of such panel (where
appropriate) to make measurable progress in improving the
State and local child protective system''.
(d) Annual State Data Reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended by adding at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required
by subsection (c)(6).
``(14) The number of children under the care of the State
child protection system who are transferred into the custody
of the State juvenile justice system.''.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to Congress a report that
describes the extent to which States are implementing the
policies and procedures required under section
106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment
Act.
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is
amended to read as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2008.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5106h(a)(2)(B)) is amended--
(1) by striking ``Secretary make'' and inserting
``Secretary shall make''; and
(2) by striking ``section 106'' and inserting ``section
104''.
SEC. 116. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106f) is amended by adding at the end the
following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample of the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report that contains the results of the study
conducted under paragraph (1).''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
SEC. 121. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is
amended to read as follows:
``(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to network,
initiatives aimed at the prevention of child abuse and
neglect, and to support networks of coordinated resources and
activities to better strengthen and support families to
reduce the likelihood of child abuse and neglect; and''.
(b) Authority.--Section 201(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``Statewide'' and all that follows through the dash, and
inserting ``community-based and prevention-focused programs
and activities designed to prevent child abuse and neglect
(through networks where appropriate) that are accessible,
effective, culturally appropriate, and build upon existing
strengths that--'';
(B) in subparagraph (F), by striking ``and'' at the end;
and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among
[[Page H2349]]
parents of children with disabilities, parents with
disabilities, racial and ethnic minorities, and members of
other underrepresented or underserved groups; and
``(H) provide referrals to early health and developmental
services;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds'' after
``maximizing funding'';
(B) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(C) by striking ``family resource and support program'' and
inserting ``programs and activities designed to prevent child
abuse and neglect (through networks where appropriate)''.
(c) Technical Amendment to Title Heading.--Title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is
amended by striking the heading for such title and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 122. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(ii) by striking ``family resource and support programs''
and all that follows through the semicolon and inserting
``programs and activities designed to prevent child abuse and
neglect (through networks where appropriate);''
(B) in subparagraph (B), by inserting ``that exists to
strengthen and support families to prevent child abuse and
neglect'' after ``written authority of the State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs'' and
inserting ``community-based and prevention-focused programs
and activities designed to prevent child abuse and neglect
(through networks where appropriate)'';
(B) in subparagraph (B)--
(i) by striking ``to the network''; and
(ii) by inserting ``, and parents with disabilities''
before the semicolon;
(C) in subparagraph (C), by striking ``to the network'';
and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(B) in subparagraph (B), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(C) in subparagraph (C), by striking ``and training and
technical assistance, to the Statewide network of community-
based, prevention-focused, family resource and support
programs'' and inserting ``training, technical assistance,
and evaluation assistance, to community-based and prevention-
focused programs and activities to prevent child abuse and
neglect (through networks where appropriate)''; and
(D) in subparagraph (D), by inserting ``, parents with
disabilities,'' after ``children with disabilities''.
SEC. 123. AMOUNT OF GRANT.
Section 203(b)(1)(B) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116b(b)(1)(B)) is amended--
(1) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated''; and
(2) by striking ``the lead agency'' and inserting ``the
current lead agency''.
SEC. 124. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5115c) is repealed.
SEC. 125. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based, prevention-
focused, family resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)''; and
(B) by striking ``, including those funded by programs
consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:
``(3) a description of the inventory of current unmet needs
and current community-based and prevention-focused programs
and activities to prevent child abuse and neglect, and other
family resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
prevent child abuse and neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``start up, maintenance,
expansion, and redesign of community-based and prevention-
focused programs and activities designed to prevent child
abuse and neglect'';
(6) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to prevent child
abuse and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting
``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).
SEC. 126. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``prevention-focused, family resource and support programs''
and inserting ``and prevention-focused programs and
activities designed to prevent child abuse and neglect'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``family resource and support services'' and inserting
``family support services for the prevention of child abuse
and neglect'';
(ii) in clause (iii), by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(v) respite care;
``(vi) home visiting; and
``(vii) family support services''; and
(B) in subparagraph (B), by inserting ``voluntary home
visiting and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and
prevention-focused programs and activities to prevent child
abuse and neglect in the development, operation and expansion
of networks where appropriate.''.
SEC. 127. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4),
(A) by inserting ``and parents with disabilities,'' after
``children with disabilities,''; and
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this title'' and
inserting ``evaluation of community-based and prevention-
focused programs and activities to prevent child abuse and
neglect, and in the design, operation and evaluation of the
networks of such community-based and prevention-focused
programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to
prevent child abuse and neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
prevent child abuse and neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect''.
SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116g(3)) is amended by striking ``Statewide
networks of
[[Page H2350]]
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
prevent child abuse and neglect''.
SEC. 129. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1))
is amended by striking ``given such term in section
602(a)(2)'' and inserting ``given the term `child with a
disability' in section 602(3) or `infant or toddler with a
disability' in section 632(5)''.
(b) Community-Based and Prevention-Focused Programs and
Activities to Prevent Child Abuse and Neglect.--Section 209
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5116h) is amended by striking paragraphs (3) and (4) and
inserting the following:
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and
activities to prevent child abuse and neglect' includes
organizations such as family resource programs, family
support programs, voluntary home visiting programs, respite
care programs, parenting education, mutual support programs,
and other community programs that provide activities that are
designed to prevent or respond to child abuse and neglect.''.
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the fiscal years 2005 through
2008.''.
Subtitle C--Conforming Amendments
SEC. 141. CONFORMING AMENDMENTS.
The table of contents of the Child Abuse Prevention and
Treatment Act, as contained in section 1(b) of such Act (42
U.S.C. 5101 note), is amended as follows:
(1) By striking the item relating to section 105 and
inserting the following:
``Sec. 105. Grants to States and public or private agencies and
organizations.''.
(2) By striking the item relating to title II and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
(3) By striking the item relating to section 204.
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and inserting
the following:
``(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our Nation's
foster care population included more than 565,000 as of
September of 2001;
``(2) children entering foster care have complex problems
that require intensive services, with many such children
having special needs because they are born to mothers who did
not receive prenatal care, are born with life threatening
conditions or disabilities, are born addicted to alcohol or
other drugs, or have been exposed to infection with the
etiologic agent for the human immunodeficiency virus;
``(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (8) respectively;
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting ``,
including geographic barriers,'' after ``barriers''; and
(B) in paragraph (2), by striking ``a national'' and
inserting ``an Internet-based national''.
SEC. 202. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and
inserting the following:
``(a) In General.--The Secretary'';
(3) in subsection (b)--
(A) by inserting ``Required Activities.--'' after ``(b)'';
(B) in paragraph (1), by striking ``nonprofit'' each place
that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the nature,
scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place that such
appears; and
(ii) by striking the period at the end and inserting ``;
and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private
licensed child welfare or adoption agencies) for the
implementation of programs that are intended to increase the
number of older children (who are in foster care and with the
goal of adoption) placed in adoptive families, with a special
emphasis on child-specific recruitment strategies,
including--
``(A) outreach, public education, or media campaigns to
inform the public of the needs and numbers of older youth
available for adoption;
``(B) training of personnel in the special needs of older
youth and the successful strategies of child-focused, child-
specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and inserting the
following:
``(c) Services for Families Adopting Special Needs
Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by realigning the margins of subparagraphs (A) through
(G) accordingly;
(ii) in subparagraph (F), by striking ``and'' at the end;
(iii) in subparagraph (G), by striking the period and
inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and inserting the
following:
``(d) Improving Placement Rate of Children in Foster
Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting the
following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Technical and other assistance.--The Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses (i) and (ii)
accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''; and
(6) by adding at the end the following:
``(e) Elimination of Barriers to Adoptions Across
Jurisdictional Boundaries.--
``(1) In general.--The Secretary shall award grants to, or
enter into contracts with, States, local government entities,
public or private child welfare or adoption agencies,
adoption exchanges, or adoption family groups to carry out
initiatives to improve efforts to eliminate barriers to
placing children for adoption across jurisdictional
boundaries.
``(2) Services to supplement not supplant.--Services
provided under grants made under this subsection shall
supplement, not supplant, services provided using any other
funds made available for the same general purposes
including--
``(A) developing a uniform homestudy standard and protocol
for acceptance of homestudies between States and
jurisdictions;
``(B) developing models of financing cross-jurisdictional
placements;
``(C) expanding the capacity of all adoption exchanges to
serve increasing numbers of children;
``(D) developing training materials and training social
workers on preparing and moving children across State lines;
and
``(E) developing and supporting initiative models for
networking among agencies, adoption exchanges, and parent
support groups across jurisdictional boundaries.''.
SEC. 203. STUDY OF ADOPTION PLACEMENTS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The'';
(2) by striking ``of this Act'' and inserting ``of the
Keeping Children and Families Safe Act of 2003'';
(3) by striking ``to determine the nature'' and inserting
``to determine--
``(1) the nature'';
(4) by striking ``which are not licensed'' and all that
follows through ``entity'';''; and
(5) by adding at the end the following:
``(2) how interstate placements are being financed across
State lines;
[[Page H2351]]
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.
SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by
adding at the end the following:
``(b) Dynamics of Successful Adoption.--The Secretary shall
conduct research (directly or by grant to, or contract with,
public or private nonprofit research agencies or
organizations) about adoption outcomes and the factors
affecting those outcomes. The Secretary shall submit a report
containing the results of such research to the appropriate
committees of the Congress not later than the date that is 36
months after the date of the enactment of the Keeping
Children and Families Safe Act of 2003.
``(c) Interjurisdictional Adoption.--Not later than 1 year
after the date of the enactment of the Keeping Children and
Families Safe Act of 2003, the Secretary, in consultation
with the Comptroller General, shall submit to the appropriate
committees of the Congress a report that contains
recommendations for an action plan to facilitate the
interjurisdictional adoption of foster children.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is
amended to read as follows:
``There are authorized to be appropriated $40,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008 to carry out programs and activities
authorized under this subtitle.''.
TITLE III--ABANDONED INFANTS ASSISTANCE
SEC. 301. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number of
factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and inserting
``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working
with infants and young children with life-threatening
conditions and other special needs, including those who are
infected with the human immunodeficiency virus (commonly
known as `HIV'), those who have acquired immune deficiency
syndrome (commonly know as `AIDS'), and those who have been
exposed to dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8), by inserting ``by parents abusing
drugs,'' after ``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive
services'' and all that follows through the semicolon at the
end and inserting ``comprehensive support services for such
infants and young children and their families and services to
prevent the abandonment of such infants and young children,
including foster care services, case management services,
family support services, respite and crisis intervention
services, counseling services, and group residential home
services; and'';
(7) by striking paragraph (11);
(8) by redesignating paragraphs (2), (3), (4), (5), (8),
(9), and (10) as paragraphs (1) through (7), respectively;
and
(9) by adding at the end the following:
``(8) Private, Federal, State, and local resources should
be coordinated to establish and maintain such services and to
ensure the optimal use of all such resources.''.
SEC. 302. ESTABLISHMENT OF LOCAL PROGRAMS.
Section 101 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.''; AND
(2) by striking subsection (b) and inserting the following:
``(b) Priority in Provision of Services.--The Secretary may
not make a grant under subsection (a) unless the applicant
for the grant agrees to give priority to abandoned infants
and young children who--
``(1) are infected with, or have been perinatally exposed
to, the human immunodeficiency virus, or have a life-
threatening illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall,
directly or through contracts with public and nonprofit
private entities, provide for evaluations of projects carried
out under section 101 and for the dissemination of
information developed as a result of such projects.
``(b) Study and Report on Number of Abandoned Infants and
Young Children.--
``(1) In general.--The Secretary shall conduct a study for
the purpose of determining--
``(A) an estimate of the annual number of infants and young
children relinquished, abandoned, or found deceased in the
United States and the number of such infants and young
children who are infants and young children described in
section 223(b);
``(B) an estimate of the annual number of infants and young
children who are victims of homicide;
``(C) characteristics and demographics of parents who have
abandoned an infant within 1 year of the infant's birth; and
``(D) an estimate of the annual costs incurred by the
Federal Government and by State and local governments in
providing housing and care for abandoned infants and young
children.
``(2) Deadline.--Not later than 36 months after the date of
the enactment of the Keeping Children and Families Safe Act
of 2003, the Secretary shall complete the study required
under paragraph (1) and submit to the Congress a report
describing the findings made as a result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report
on effective methods of intervening before the abandonment of
an infant or young child so as to prevent such abandonments,
and effective methods for responding to the needs of
abandoned infants and young children.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
Act, there are authorized to be appropriated $45,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 224(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``Authorization.--''
after ``(1)''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after ``(2)''; and
(ii) by striking ``fiscal year 1991.'' and inserting
``fiscal year 2003.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 305. DEFINITIONS
Section 103 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended to read as follows:
``SEC. 103. DEFINITIONS.
``For purposes of this Act:
``(1) The terms `abandoned' and `abandonment', with respect
to infants and young children, mean that the infants and
young children are medically cleared for discharge from
acute-care hospital settings, but remain hospitalized because
of a lack of appropriate out-of-hospital placement
alternatives.
``(2) The term `acquired immune deficiency syndrome'
includes infection with the etiologic agent for such
syndrome, any condition indicating that an individual is
infected with such etiologic agent, and any condition arising
from such etiologic agent.
``(3) The term `dangerous drug' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
``(4) The term `natural family' shall be broadly
interpreted to include natural parents, grandparents, family
members, guardians, children residing in the household, and
individuals residing in the household on a continuing basis
who are in a care-giving situation with respect to infants
and young children covered under this subtitle.
``(5) The term `Secretary' means the Secretary of Health
and Human Services.''.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 401. STATE DEMONSTRATION GRANTS.
(a) Underserved Populations.--Section 303(a)(2)(C) of the
Family Violence Prevention and Services Act (42 U.S.C.
10402(a)(2)(C)) is amended by striking ``underserved
populations,'' and all that follows and inserting the
following: ``underserved populations, as defined in section
2003 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of such Act (42 U.S.C.
10402(a)) is amended by adding at the end the following:
``(5) Upon completion of the activities funded by a grant
under this title, the State grantee shall submit to the
Secretary a report that contains a description of the
activities carried out under paragraph (2)(B)(i).''.
SEC. 402. SECRETARIAL RESPONSIBILITIES.
Section 305(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
SEC. 403. EVALUATION.
Section 306 of the Family Violence Prevention and Services
Act (42 U.S.C. 10405) is
[[Page H2352]]
amended in the first sentence by striking ``Not later than
two years after the date on which funds are obligated under
section 303(a) for the first time after the date of the
enactment of this title, and every two years thereafter,''
and inserting ``Every 2 years,''.
SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407) is amended by striking subsection (g).
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 310(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10409(a)) is
amended to read as follows:
``(a) In General.--There are authorized to be appropriated
to carry out this title $175,000,000 for each of the fiscal
years 2004 through 2008.''.
(b) Grants for State Domestic Violence Coalitions.--Section
311(g) of such Act (42 U.S.C. 10410(g)) is amended to read as
follows:
``(g) Funding.--Of the amount appropriated pursuant to the
authorization of appropriations under section 310(a) for a
fiscal year, not less than 10 percent of such amount shall be
made available to award grants under this section.''.
SEC. 406. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
Section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410) is amended by striking subsection (h).
SEC. 407. EVALUATION AND MONITORING.
Section 312 of the Family Violence Prevention and Services
Act (42 U.S.C. 10412) is amended by adding at the end the
following:
``(c) Of the amount appropriated under section 310(a) for
each fiscal year, not more than 2 percent shall be used by
the Secretary for evaluation, monitoring, and other
administrative costs under this title.''.
SEC. 408. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION
PROJECT.
Section 313 of the Family Violence Prevention and Services
Act (42 U.S.C. 10413) is repealed.
SEC. 409. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services
Act (42 U.S.C. 10415) is repealed.
SEC. 410. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence
Prevention and Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of
a grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the Secretary a
report that evaluates the effectiveness of the use of amounts
received under the grant for the period described in
paragraph (1) and contains any other information as the
Secretary may prescribe; and
``(B) the report and other appropriate criteria indicate
that the entity is successfully operating the hotline in
accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f) of
such Act (42 U.S.C. 10416(f)) is amended in paragraph (1) by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2004 through 2008''.
SEC. 411. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services
Act (42 U.S.C. 10417) is repealed.
SEC. 412. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence
Prevention and Services Act (42 U.S.C. 10418(h)) is amended
to read as follows:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$6,000,000 for each of the fiscal years 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418)
is amended by striking subsection (i).
SEC. 413. TRANSITIONAL HOUSING ASSISTANCE.
Section 319(f) of the Family Violence Prevention and
Services Act (42 U.S.C. 10419(f)) is amended by striking
``fiscal year 2001'' and inserting ``each of the fiscal years
2004 through 2008''.
SEC. 414. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended as follows:
(1) In section 302(1) by striking ``demonstrate the
effectiveness of assisting'' and inserting ``assist''.
(2) In section 303(a)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State domestic
violence coalitions knowledgeable individuals and interested
organizations'' and inserting ``State domestic violence
coalitions, knowledgeable individuals, and interested
organizations''; and
(ii) in subparagraph (F), by adding ``and'' at the end; and
(B) by aligning the margins of paragraph (4) with the
margins of paragraph (3).
(3) In section 305(b)(2)(A) by striking ``provide for
research, and into'' and inserting ``provide for research
into''.
(4) In section 311(a)--
(A) in paragraph (2)(K), by striking ``other criminal
justice professionals,;'' and inserting ``other criminal
justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``family law judges,,'' and inserting ``family law judges,'';
(ii) in subparagraph (D), by inserting ``, criminal court
judges,'' after ``family law judges''; and
(iii) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their children''
and inserting ``supervised visitations or denial of
visitation to protect against danger to victims or their
children''.
The SPEAKER pro tempore. The amendment printed in the bill, modified
by the amendments reported by the Clerk in conjunction with that
previous order, is adopted.
The text of H.R. 14, as modified pursuant to the order of the House
of March 25, 2003, is as follows:
H.R. 14
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 ``Keeping
Children and Families Safe Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Findings.
Subtitle A--General Program
Sec. 111. National Clearinghouse for Information Relating to Child
Abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
Sec. 116. Miscellaneous requirements relating to assistance.
Sec. 117. Authorization of appropriations.
Sec. 118. Reports.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource
programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.
Subtitle C--Conforming Amendments
Sec. 141. Conforming amendments.
TITLE II--ADOPTION OPPORTUNITIES
Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.
TITLE III--ABANDONED INFANTS ASSISTANCE
Sec. 301. Findings.
Sec. 302. Establishment of local programs.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 401. State demonstration grants.
Sec. 402. Secretarial responsibilities.
Sec. 403. Evaluation.
Sec. 404. Information and technical assistance centers.
Sec. 405. Authorization of appropriations.
Sec. 406. Grants for State domestic violence coalitions.
Sec. 407. Evaluation and monitoring.
Sec. 408. Family member abuse information and documentation project.
Sec. 409. Model State leadership grants.
Sec. 410. National domestic violence hotline grant.
Sec. 411. Youth education and domestic violence.
Sec. 412. Demonstration grants for community initiatives.
Sec. 413. Transitional housing assistance.
Sec. 414. Technical and conforming amendments.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000''
and inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form
of maltreatment; and
``(B) investigations have determined that approximately 63
percent of children who were victims of maltreatment in 2000
suffered neglect, 19
[[Page H2353]]
percent suffered physical abuse, 10 percent suffered sexual
abuse, and 8 percent suffered emotional maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2000, an estimated 1,200 children were counted by
child protection services to have died as a result of abuse
or neglect; and
``(C) children younger than 1 year old comprised 44 percent
of child abuse fatalities and 85 percent of child abuse
fatalities were younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment;
``(B) slightly less than half of these children (45 percent
in 2000) and their families fail to receive adequate
protection or treatment; and
``(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in 2000,
as a result of an investigation or assessment conducted by
the child protective services agency, received no
services;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``organizations'' and
inserting ``community-based organizations'';
(B) in subparagraph (D), by striking ``ensures'' and all
that follows through ``knowledge,'' and inserting
``recognizes the need for properly trained staff with the
qualifications needed''; and
(C) in subparagraph (E), by inserting before the semicolon
the following: ``, which may impact child rearing patterns,
while at the same time, not allowing those differences to
enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking
``this national child and family emergency'' and inserting
``child abuse and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting ``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.
Subtitle A--General Program
SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.
(a) Functions.--Section 103(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all
effective programs, including private and community-based
programs, that show promise of success with respect to the
prevention, assessment, identification, and treatment of
child abuse and neglect and hold the potential for broad
scale implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting
a semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used
for achieving improvements in child protective systems;'';
and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that 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) ways to mitigate psychological trauma to the child
victim; and
``(C) effective programs carried out by the States under
this Act; and
``(5) collect 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) appropriate State and local officials to assist in
training law enforcement, legal, judicial, medical, mental
health, education, and child welfare personnel.''.
(b) Coordination With Available Resources.--Section
103(c)(1) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104(c)(1)) is amended--
(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that describes
best practices being used throughout the Nation for making
appropriate referrals related to, and addressing, the
physical, developmental, and mental health needs of abused
and neglected children; and''.
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND
DEMONSTRATIONS.
(a) Research.--Section 104(a) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in the first
sentence, by inserting ``, including longitudinal research,''
after ``interdisciplinary program of research''; and
(B) in subparagraph (B), by inserting before the semicolon
the following: ``, including the effects of abuse and neglect
on a child's development and the identification of successful
early intervention services or other services that are
needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and inserting
``judicial systems, including multidisciplinary, coordinated
decisionmaking procedures''; and
(ii) by striking ``and'' at the end; and
(D) in subparagraph (D)--
(i) in clause (viii), by striking ``and'' at the end;
(ii) by redesignating clause (ix) as clause (x); and
(iii) by inserting after clause (viii), the following:
``(ix) the incidence and prevalence of child maltreatment
by a wide array of demographic characteristics such as age,
sex, race, family structure, household relationship
(including the living arrangement of the resident parent and
family size), school enrollment and education attainment,
disability, grandparents as caregivers, labor force status,
work status in previous year, and income in previous year;
and'';
(E) by redesignating subparagraph (D) as subparagraph (I);
and
(F) by inserting after subparagraph (C), the following:
``(D) the evaluation and dissemination of best practices
consistent with the goals of achieving improvements in the
child protective services systems of the States in accordance
with paragraphs (1) through (12) of section 106(a);
``(E) effective approaches to interagency collaboration
between the child protection system and the juvenile justice
system that improve the delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems;
``(F) an evaluation of the redundancies and gaps in the
services in the field of child abuse and neglect prevention
in order to make better use of resources;
``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of low
income children who need health services, including mental
health services;
``(H) the information on the national incidence of child
abuse and neglect specified in clauses (i) through (x) of
subparagraph (I); and'';
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Not later than 2 years after the date of enactment of
the Keeping Children and Families Safe Act of 2003, and every
2 years thereafter, the Secretary shall provide an
opportunity for public comment concerning the priorities
proposed under subparagraph (A) and maintain an official
record of such public comment.'';
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on
the national incidence of child abuse and neglect, including
the information on the national incidence on child abuse and
neglect specified in clauses (i) through (x) of paragraph
(1)(I).
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate a report that contains the results
of the research conducted under paragraph (2).''.
(b) Provision of Technical Assistance.--Section 104(b) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``nonprofit private agencies and'' and
inserting ``private agencies and community-based''; and
(B) by inserting ``, including replicating successful
program models,'' after ``programs and activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link child
protective service agencies with health care, mental health
care, and developmental services to improve forensic
diagnosis and health evaluations, and barriers and shortages
to such linkages.''.
(c) Demonstration Programs and Projects.--Section 104 of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105)
is amended by adding at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary
may award grants to, and enter into contracts with, States or
public or private agencies or organizations (or combinations
of such agencies or organizations) for time-limited,
demonstration projects for the following:
``(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary may
award grants under this subsection to entities to assist such
entities in establishing and operating safe, family-friendly
physical environments--
``(A) for court-ordered, supervised visitation between
children and abusing parents; and
``(B) to safely facilitate the exchange of children for
visits with noncustodial parents in cases of domestic
violence.
``(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide educational
identification, prevention, and treatment services in
cooperation with preschool and elementary and secondary
schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects
that provide for the development of research-based risk and
safety assessment tools relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for
[[Page H2354]]
projects that involve research-based innovative training for
mandated child abuse and neglect reporters.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) Demonstration Programs and Projects.--Section 105(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106(a)) is amended--
(1) in the subsection heading, by striking
``Demonstration'' and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``law, education,
social work, and other relevant fields'' and inserting ``law
enforcement, judiciary, social work and child protection,
education, and other relevant fields, or individuals such as
court appointed special advocates (CASAs) and guardian ad
litem,'';
(B) in subparagraph (B), by striking ``nonprofit'' and all
that follows through ``; and'' and inserting ``children,
youth and family service organizations in order to prevent
child abuse and neglect;'';
(C) in subparagraph (C), by striking the period and
inserting a semicolon;
(D) by adding at the end the following:
``(D) for training to support the enhancement of linkages
between child protective service agencies and health care
agencies, including physical and mental health services, to
improve forensic diagnosis and health evaluations and for
innovative partnerships between child protective service
agencies and health care agencies that offer creative
approaches to using existing Federal, State, local, and
private funding to meet the health evaluation needs of
children who have been subjects of substantiated cases of
child abuse or neglect;
``(E) for the training of personnel in best practices to
promote collaboration with the families from the initial time
of contact during the investigation through treatment;
``(F) for the training of personnel regarding the legal
duties of such personnel and their responsibilities to
protect the legal rights of children and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and local
health care agencies, alcohol and drug abuse prevention and
treatment agencies, mental health agencies, and other public
and private welfare agencies to promote child safety,
permanence, and family stability;
``(I) for cross training for child protective service
workers in research-based methods for recognizing situations
of substance abuse, domestic violence, and neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to disabled
infants with life-threatening conditions for--
``(i) professionals 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.'';
(4) by redesignating paragraph (2) and (3) as paragraphs
(3) and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants
under this subsection to public and private agencies that
demonstrate innovation in responding to reports of child
abuse and neglect, including programs of collaborative
partnerships between the State child protective services
agency, community social service agencies and family support
programs, law enforcement agencies, developmental disability
agencies, substance abuse treatment entities, health care
entities, domestic violence prevention entities, mental
health service entities, schools, churches and synagogues,
and other community agencies, to allow for the establishment
of a triage system that--
``(A) 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;
``(B) provides, either directly or through referral, a
variety of community-linked services to assist families in
preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in jeopardy.'';
(6) in paragraph (3) (as so redesignated), by striking
``(such as Parents Anonymous)'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph designation and heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinship
care.--'' and inserting the following:
``(4) Kinship care.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies
and public health, mental health, and developmental
disabilities agencies.--The Secretary may award grants to
entities that provide linkages between State or local child
protective service agencies and public health, mental health,
and developmental disabilities agencies, for the purpose of
establishing linkages that are designed to help assure that a
greater number of substantiated victims of child maltreatment
have their physical health, mental health, and developmental
needs appropriately diagnosed and treated.''.
(b) Discretionary Grants.--Section 105(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) by inserting after paragraph (2) (as so redesignated),
the following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a
report of maltreatment has been substantiated.''; and
(4) in paragraph (4)(D), by striking ``nonprofit''.
(c) Evaluation.--Section 105(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the
Secretary shall make available technical assistance for
the evaluation, where needed, including the use of a
rigorous application of scientific evaluation
techniques.''.
(d) Technical Amendment to Heading.--The section heading
for section 105 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106) is amended to read as follows:
``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES
AND ORGANIZATIONS.''.
SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case monitoring,''
after ``case management''; and
(B) by inserting ``and treatment'' after ``and delivery of
services'';
(2) in paragraph (4), by striking ``improving'' and all
that follows through ``referral systems'' and inserting
``developing, improving, and implementing risk and safety
assessment tools and protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and
neglect from intake through final disposition and allow
interstate and intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including training regarding research-based
practices to promote collaboration with the families and the
legal duties of such individuals'';
(7) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) improving the skills, qualifications, and
availability of individuals providing services to children
and families, and the supervisors of such individuals,
through the child protection system, including improvements
in the recruitment and retention of caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating research-based training
protocols for individuals mandated to report child abuse or
neglect;
``(10) developing, implementing, or operating 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;
``(11) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';
(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon; and
(10) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or
neglected, including supporting prompt, comprehensive health
and developmental evaluations for children who are the
subject of substantiated child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the Secretary of any
substantive changes'' and inserting the following: ``provide
notice to the Secretary--
[[Page H2355]]
``(i) of any substantive changes'';
(ii) by striking the period and inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) any significant changes to how funds provided under
this section are used to support the activities which may
differ from the activities as described in the current State
application.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii), (iv), (v), (vi),
(vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses
(iii), (v), (vi), (vii), (ix), (x), (xi), (xii), (xiii),
(xiv), (xv) and (xvi), respectively;
(ii) by inserting after clause (i), the following:
``(ii) policies and procedures to address the needs of
infants born and identified with fetal alcohol effects, fetal
alcohol syndrome, neonatal intoxication or withdrawal
syndrome, or neonatal physical or neurological harm resulting
from prenatal drug exposure, including--
``(I) the requirement that health care providers involved
in the delivery or care of such infants notify the child
protective services system of the occurrence of such
condition in such infants, except that such notification
shall not be construed to create a definition under Federal
law of what constitutes child abuse and such notification
shall not be construed to require prosecution for any illegal
action; and
``(II) the development of a safe plan of care for the
infant under which consideration may be given to providing
the mother with health services (including mental health
services), social services, parenting services, and substance
abuse prevention and treatment counseling and to providing
the infant with referral to the statewide early intervention
program funded under part C of the Individuals with
Disabilities Education Act for an evaluation for the need for
services provided under part C of such Act;'';
(iii) in clause (iii) (as so redesignated), by inserting
``risk and'' before ``safety'';
(iv) by inserting after clause (iii) (as so redesignated),
the following:
``(iv) triage procedures for the appropriate referral of a
child not at risk of imminent harm to a community
organization or voluntary preventive service;'';
(v) in clause (vii)(II) (as so redesignated), by striking
``, having a need for such information in order to carry out
its responsibilities under law to protect children from abuse
and neglect'' and inserting ``, as described in clause
(viii)'';
(vi) by inserting after clause (vii) (as so redesignated),
the following:
``(viii) provisions to require a State to disclose
confidential information to any Federal, State, or local
government entity, or any agent of such entity, that has a
need for such information in order to carry out its
responsibilities under law to protect children from abuse and
neglect;'';
(vii) in clause (xii) (as so redesignated)--
(I) by inserting ``who has received training appropriate to
the role, and'' after ``guardian ad litem,''; and
(II) by inserting ``who has received training appropriate
to that role'' after ``advocate'';
(viii) in clause (xiv) (as so redesignated), by striking
``to be effective not later than 2 years after the date of
the enactment of this section'';
(ix) in clause (xv) (as so redesignated)--
(I) by striking ``to be effective not later than 2 years
after the date of the enactment of this section''; and
(II) by striking ``and'' at the end;
(x) in clause (xvi) (as so redesignated), by striking
``clause (xii)'' each place that such appears and inserting
``clause (xv)''; and
(xi) by adding at the end the following:
``(xvii) provisions and procedures to require that a
representative of the child protective services agency shall,
at the initial time of contact with the individual subject to
a child abuse and neglect investigation, advise the
individual of the complaints or allegations made against the
individual, in a manner that is consistent with laws
protecting the rights of the informant;
``(xviii) provisions addressing the training of
representatives of the child protective services system
regarding the legal duties of the representatives, which may
consist of various methods of informing such representatives
of such duties, in order to protect the legal rights and
safety of children and families from the initial time of
contact during investigation through treatment;
``(xix) provisions and procedures for improving the
training, retention, and supervision of caseworkers;
``(xx) provisions and procedures for referral of a child
under the age of 3 who is involved in a substantiated case of
child abuse or neglect to the statewide early intervention
program funded under part C of the Individuals with
Disabilities Education Act for an evaluation for the need of
services provided under part C of such Act; and
``(xxi) not later than 2 years after the date of enactment
of the Keeping Children and Families Safe Act of 2003,
provisions and procedures for requiring criminal background
record checks for prospective foster and adoptive parents and
other adult relatives and non-relatives residing in the
household;''; and
(C) in paragraph (2), by adding at the end the following
flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse
and neglect except that such policies shall, at a minimum,
ensure the safety and well-being of the child, parents, and
family.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is
amended by striking ``With regard to clauses (v) and (vi) of
paragraph (2)(A)'' and inserting ``With regard to clauses
(vi) and (vii) of paragraph (2)(A)''.
(c) Citizen Review Panels.--Section 106(c) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures'' and inserting ``,
procedures, and practices''; and
(II) by striking ``the agencies'' and inserting ``State and
local child protection system agencies''; and
(ii) in clause (iii)(I), by striking ``State'' and
inserting ``State and local''; and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide for public
outreach and comment in order to assess the impact of current
procedures and practices upon children and families in the
community and in order to meet its obligations under
subparagraph (A).''; and
(2) in paragraph (6)--
(A) by striking ``public'' and inserting ``State and the
public''; and
(B) by inserting before the period the following: ``and
recommendations to improve the child protection services
system at the State and local levels. Not later than 6 months
after the date on which a report is submitted by the panel to
the State, the appropriate State agency shall submit a
written response to the State and local child protection
systems that describes whether or how the State will
incorporate the recommendations of such panel (where
appropriate) to make measurable progress in improving the
State and local child protective system''.
(d) Annual State Data Reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended by adding at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required
by subsection (c)(6).
``(14) The number of children under the care of the State
child protection system who are transferred into the custody
of the State juvenile justice system.''.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to Congress a report that
describes the extent to which States are implementing the
policies and procedures required under section
106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment
Act.
SEC. 115. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE
AND NEGLECT CASES.
Section 107(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106c(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the handling of cases involving children with
disabilities or serious health-related problems who are
victims of abuse or neglect.''.
SEC. 116. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
Section 108 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106d) is amended by adding at the end the
following:
``(d) Sense of Congress.--It is the sense of Congress that
the Secretary should encourage all States and public and
private agencies or organizations that receive assistance
under this title to ensure that children and families with
limited English proficiency who participate in programs under
this title are provided materials and services under such
programs in an appropriate language other than English.''.
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is
amended to read as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2008.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5106h(a)(2)(B)) is amended--
(1) by striking ``Secretary make'' and inserting
``Secretary shall make''; and
(2) by striking ``section 106'' and inserting ``section
104''.
SEC. 118. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106f) is amended by adding at the end the
following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample of the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report that contains the results of the study
conducted under paragraph (1).''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
SEC. 121. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is
amended to read as follows:
``(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to network,
initiatives aimed at the prevention of child abuse and
neglect, and to support networks of coordinated resources and
activities to better strengthen and support families to
reduce the likelihood of child abuse and neglect; and''.
[[Page H2356]]
(b) Authority.--Section 201(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``Statewide'' and all that follows through the dash, and
inserting ``community-based and prevention-focused programs
and activities designed to prevent child abuse and neglect
(through networks where appropriate) that are accessible,
effective, culturally appropriate, and build upon existing
strengths
that--'';
(B) in subparagraph (F), by striking ``and'' at the end;
and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and ethnic
minorities, and members of other underrepresented or
underserved groups; and
``(H) provide referrals to early health and developmental
services;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds'' after
``maximizing funding'';
(B) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(C) by striking ``family resource and support program'' and
inserting ``programs and activities designed to prevent child
abuse and neglect (through networks where appropriate)''.
(c) Technical Amendment to Title Heading.--Title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is
amended by striking the heading for such title and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 122. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(ii) by striking ``family resource and support programs''
and all that follows through the semicolon and inserting
``programs and activities designed to prevent child abuse and
neglect (through networks where appropriate);''
(B) in subparagraph (B), by inserting ``that exists to
strengthen and support families to prevent child abuse and
neglect'' after ``written authority of the State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs'' and
inserting ``community-based and prevention-focused programs
and activities designed to prevent child abuse and neglect
(through networks where appropriate)'';
(B) in subparagraph (B)--
(i) by striking ``to the network''; and
(ii) by inserting ``, and parents with disabilities''
before the semicolon;
(C) in subparagraph (C), by striking ``to the network'';
and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(B) in subparagraph (B), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(C) in subparagraph (C), by striking ``and training and
technical assistance, to the Statewide network of community-
based, prevention-focused, family resource and support
programs'' and inserting ``training, technical assistance,
and evaluation assistance, to community-based and prevention-
focused programs and activities to prevent child abuse and
neglect (through networks where appropriate)''; and
(D) in subparagraph (D), by inserting ``, parents with
disabilities,'' after ``children with disabilities''.
SEC. 123. AMOUNT OF GRANT.
Section 203(b)(1)(B) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116b(b)(1)(B)) is amended--
(1) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated''; and
(2) by striking ``the lead agency'' and inserting ``the
current lead agency''.
SEC. 124. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5115c) is repealed.
SEC. 125. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based, prevention-
focused, family resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)''; and
(B) by striking ``, including those funded by programs
consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:
``(3) a description of the inventory of current unmet needs
and current community-based and prevention-focused programs
and activities to prevent child abuse and neglect, and other
family resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
prevent child abuse and neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``start up, maintenance,
expansion, and redesign of community-based and prevention-
focused programs and activities designed to prevent child
abuse and neglect'';
(6) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to prevent child
abuse and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting
``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).
SEC. 126. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``prevention-focused, family resource and support programs''
and inserting ``and prevention-focused programs and
activities designed to prevent child abuse and neglect'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``family resource and support services'' and inserting
``family support services for the prevention of child abuse
and neglect'';
(ii) in clause (iii), by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(v) respite care;
``(vi) home visiting; and
``(vii) family support services;''; and
(B) in subparagraph (B), by inserting ``voluntary home
visiting and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and
prevention-focused programs and activities to prevent child
abuse and neglect in the development, operation and expansion
of networks where appropriate.''.
SEC. 127. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4),
(A) by inserting ``and parents with disabilities,'' after
``children with disabilities,''; and
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this title'' and
inserting ``evaluation of community-based and prevention-
focused programs and activities to prevent child abuse and
neglect, and in the design, operation and evaluation of the
networks of such community-based and prevention-focused
programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to
prevent child abuse and neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
prevent child abuse and neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect''.
SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116g(3)) is
[[Page H2357]]
amended by striking ``Statewide networks of community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and
neglect''.
SEC. 129. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1))
is amended by striking ``given such term in section
602(a)(2)'' and inserting ``given the term `child with a
disability' in section 602(3) or `infant or toddler with a
disability' in section 632(5)''.
(b) Community-Based and Prevention-Focused Programs and
Activities to Prevent Child Abuse and Neglect.--Section 209
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5116h) is amended--
(1) by striking paragraphs (3) and (4);
(2) by inserting the following after paragraph (2):
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and
activities to prevent child abuse and neglect' includes
organizations such as family resource programs, family
support programs, voluntary home visiting programs, respite
care programs, parenting education, mutual support programs,
and other community programs that provide activities that are
designed to prevent or respond to child abuse and neglect.'';
and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the fiscal years 2005 through
2008.''.
Subtitle C--Conforming Amendments
SEC. 141. CONFORMING AMENDMENTS.
The table of contents of the Child Abuse Prevention and
Treatment Act, as contained in section 1(b) of such Act (42
U.S.C. 5101 note), is amended as follows:
(1) By striking the item relating to section 105 and
inserting the following:
``Sec. 105. Grants to States and public or private agencies and
organizations.''.
(2) By striking the item relating to title II and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
(3) By striking the item relating to section 204.
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and inserting
the following:
``(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our Nation's
foster care population included more than 565,000 as of
September of 2001;
``(2) children entering foster care have complex problems
that require intensive services, with many such children
having special needs because they are born to mothers who did
not receive prenatal care, are born with life threatening
conditions or disabilities, are born addicted to alcohol or
other drugs, or have been exposed to infection with the
etiologic agent for the human immunodeficiency virus;
``(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (8) respectively;
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting ``,
including geographic barriers,'' after ``barriers''; and
(B) in paragraph (2), by striking ``a national'' and
inserting ``an Internet-based national''.
SEC. 202. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and
inserting the following:
``(a) In General.--The Secretary'';
(3) in subsection (b)--
(A) by inserting ``Required Activities.--'' after ``(b)'';
(B) in paragraph (1), by striking ``nonprofit'' each place
that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the nature,
scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place that such
appears; and
(ii) by striking the period at the end and inserting ``;
and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private
licensed child welfare or adoption agencies) for the
implementation of programs that are intended to increase the
number of older children (who are in foster care and with the
goal of adoption) placed in adoptive families, with a special
emphasis on child-specific recruitment strategies,
including--
``(A) outreach, public education, or media campaigns to
inform the public of the needs and numbers of older youth
available for adoption;
``(B) training of personnel in the special needs of older
youth and the successful strategies of child-focused, child-
specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and inserting the
following:
``(c) Services for Families Adopting Special Needs
Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by realigning the margins of subparagraphs (A) through
(G) accordingly;
(ii) in subparagraph (F), by striking ``and'' at the end;
(iii) in subparagraph (G), by striking the period and
inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and inserting the
following:
``(d) Improving Placement Rate of Children in Foster
Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting the
following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Technical and other assistance.--The Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses (i) and (ii)
accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''; and
(6) by adding at the end the following:
``(e) Elimination of Barriers to Adoptions Across
Jurisdictional Boundaries.--
``(1) In general.--The Secretary shall award grants to, or
enter into contracts with, States, local government entities,
public or private child welfare or adoption agencies,
adoption exchanges, or adoption family groups to carry out
initiatives to improve efforts to eliminate barriers to
placing children for adoption across jurisdictional
boundaries.
``(2) Services to supplement not supplant.--Services
provided under grants made under this subsection shall
supplement, not supplant, services provided using any other
funds made available for the same general purposes
including--
``(A) developing a uniform homestudy standard and protocol
for acceptance of homestudies between States and
jurisdictions;
``(B) developing models of financing cross-jurisdictional
placements;
``(C) expanding the capacity of all adoption exchanges to
serve increasing numbers of children;
``(D) developing training materials and training social
workers on preparing and moving children across State lines;
and
``(E) developing and supporting initiative models for
networking among agencies, adoption exchanges, and parent
support groups across jurisdictional boundaries.''.
SEC. 203. STUDY OF ADOPTION PLACEMENTS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The'';
(2) by striking ``of this Act'' and inserting ``of the
Keeping Children and Families Safe Act of 2003'';
(3) by striking ``to determine the nature'' and inserting
``to determine--
``(1) the nature'';
(4) by striking ``which are not licensed'' and all that
follows through ``entity''; and
(5) by adding at the end the following:
``(2) how interstate placements are being financed across
State lines;
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.
SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by
adding at the end the following:
[[Page H2358]]
``(b) Dynamics of Successful Adoption.--The Secretary shall
conduct research (directly or by grant to, or contract with,
public or private nonprofit research agencies or
organizations) about adoption outcomes and the factors
affecting those outcomes. The Secretary shall submit a report
containing the results of such research to the appropriate
committees of the Congress not later than the date that is 36
months after the date of the enactment of the Keeping
Children and Families Safe Act of 2003.
``(c) Interjurisdictional Adoption.--Not later than 1 year
after the date of the enactment of the Keeping Children and
Families Safe Act of 2003, the Secretary, shall submit to the
appropriate committees of the Congress a report that contains
recommendations for an action plan to facilitate the
interjurisdictional adoption of foster children.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is
amended to read as follows:
``(a) There are authorized to be appropriated $40,000,000
for fiscal year 2004 and such sums as may be necessary for
fiscal years 2005 through 2008 to carry out programs and
activities authorized under this subtitle.''.
TITLE III--ABANDONED INFANTS ASSISTANCE
SEC. 301. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number of
factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and inserting
``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working
with infants and young children with life-threatening
conditions and other special needs, including those who are
infected with the human immunodeficiency virus (commonly
known as `HIV'), those who have acquired immune deficiency
syndrome (commonly know as `AIDS'), and those who have been
exposed to dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8), by inserting ``by parents abusing
drugs,'' after ``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive
services'' and all that follows through the semicolon at the
end and inserting ``comprehensive support services for such
infants and young children and their families and services to
prevent the abandonment of such infants and young children,
including foster care services, case management services,
family support services, respite and crisis intervention
services, counseling services, and group residential home
services; and'';
(7) by striking paragraph (11);
(8) by redesignating paragraphs (2), (3), (4), (5), (8),
(9), and (10) as paragraphs (1) through (7), respectively;
and
(9) by adding at the end the following:
``(8) Private, Federal, State, and local resources should
be coordinated to establish and maintain such services and to
ensure the optimal use of all such resources.''.
SEC. 302. ESTABLISHMENT OF LOCAL PROGRAMS.
Section 101 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.''; AND
(2) by striking subsection (b) and inserting the following:
``(b) Priority in Provision of Services.--The Secretary may
not make a grant under subsection (a) unless the applicant
for the grant agrees to give priority to abandoned infants
and young children who--
``(1) are infected with, or have been perinatally exposed
to, the human immunodeficiency virus, or have a life-
threatening illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall,
directly or through contracts with public and nonprofit
private entities, provide for evaluations of projects carried
out under section 101 and for the dissemination of
information developed as a result of such projects.
``(b) Study and Report on Number of Abandoned Infants and
Young Children.--
``(1) In general.--The Secretary shall conduct a study for
the purpose of determining--
``(A) an estimate of the annual number of infants and young
children relinquished, abandoned, or found deceased in the
United States and the number of such infants and young
children who are infants and young children described in
section 223(b);
``(B) an estimate of the annual number of infants and young
children who are victims of homicide;
``(C) characteristics and demographics of parents who have
abandoned an infant within 1 year of the infant's birth; and
``(D) an estimate of the annual costs incurred by the
Federal Government and by State and local governments in
providing housing and care for abandoned infants and young
children.
``(2) Deadline.--Not later than 36 months after the date of
the enactment of the Keeping Children and Families Safe Act
of 2003, the Secretary shall complete the study required
under paragraph (1) and submit to the Congress a report
describing the findings made as a result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report
on effective methods of intervening before the abandonment of
an infant or young child so as to prevent such abandonments,
and effective methods for responding to the needs of
abandoned infants and young children.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
Act, there are authorized to be appropriated $45,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 224(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``Authorization.--''
after ``(1)''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after ``(2)''; and
(ii) by striking ``fiscal year 1991.'' and inserting
``fiscal year 2003.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 305. DEFINITIONS
Section 103 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended to read as follows:
``SEC. 103. DEFINITIONS.
``For purposes of this Act:
``(1) The terms `abandoned' and `abandonment', with respect
to infants and young children, mean that the infants and
young children are medically cleared for discharge from
acute-care hospital settings, but remain hospitalized because
of a lack of appropriate out-of-hospital placement
alternatives.
``(2) The term `acquired immune deficiency syndrome'
includes infection with the etiologic agent for such
syndrome, any condition indicating that an individual is
infected with such etiologic agent, and any condition arising
from such etiologic agent.
``(3) The term `dangerous drug' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
``(4) The term `natural family' shall be broadly
interpreted to include natural parents, grandparents, family
members, guardians, children residing in the household, and
individuals residing in the household on a continuing basis
who are in a care-giving situation with respect to infants
and young children covered under this subtitle.
``(5) The term `Secretary' means the Secretary of Health
and Human Services.''.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 401. STATE DEMONSTRATION GRANTS.
(a) Underserved Populations.--Section 303(a)(2)(C) of the
Family Violence Prevention and Services Act (42 U.S.C.
10402(a)(2)(C)) is amended by striking ``underserved
populations,'' and all that follows and inserting the
following: ``underserved populations, as defined in section
2003 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of such Act (42 U.S.C.
10402(a)) is amended by adding at the end the following:
``(5) Upon completion of the activities funded by a grant
under this title, the State grantee shall submit to the
Secretary a report that contains a description of the
activities carried out under paragraph (2)(B)(i).''.
SEC. 402. SECRETARIAL RESPONSIBILITIES.
Section 305(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
SEC. 403. EVALUATION.
Section 306 of the Family Violence Prevention and Services
Act (42 U.S.C. 10405) is amended in the first sentence by
striking ``Not later than two years after the date on which
funds are obligated under section 303(a) for the first time
after the date of the enactment of this title, and every two
years thereafter,'' and inserting ``Every 2 years,''.
SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407) is amended by striking subsection (g).
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 310(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10409(a)) is
amended to read as follows:
``(a) In General.--There are authorized to be appropriated
to carry out this title $175,000,000 for each of the fiscal
years 2004 through 2008.''.
(b) Grants for State Domestic Violence Coalitions.--Section
311(g) of such Act (42 U.S.C. 10410(g)) is amended to read as
follows:
``(g) Funding.--Of the amount appropriated pursuant to the
authorization of appropriations
[[Page H2359]]
under section 310(a) for a fiscal year, not less than 10
percent of such amount shall be made available to award
grants under this section.''.
SEC. 406. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
Section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410) is amended by striking subsection (h).
SEC. 407. EVALUATION AND MONITORING.
Section 312 of the Family Violence Prevention and Services
Act (42 U.S.C. 10412) is amended by adding at the end the
following:
``(c) Of the amount appropriated under section 310(a) for
each fiscal year, not more than 2.5 percent shall be used by
the Secretary for evaluation, monitoring, and other
administrative costs under this title.''.
SEC. 408. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION
PROJECT.
Section 313 of the Family Violence Prevention and Services
Act (42 U.S.C. 10413) is repealed.
SEC. 409. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services
Act (42 U.S.C. 10415) is repealed.
SEC. 410. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence
Prevention and Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of
a grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the Secretary a
report that evaluates the effectiveness of the use of amounts
received under the grant for the period described in
paragraph (1) and contains any other information as the
Secretary may prescribe; and
``(B) the report and other appropriate criteria indicate
that the entity is successfully operating the hotline in
accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f) of
such Act (42 U.S.C. 10416(f)) is amended in paragraph (1) by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2004 through 2008''.
SEC. 411. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services
Act (42 U.S.C. 10417) is repealed.
SEC. 412. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence
Prevention and Services Act (42 U.S.C. 10418(h)) is amended
to read as follows:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$6,000,000 for each of the fiscal years 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418)
is amended by striking subsection (i).
SEC. 413. TRANSITIONAL HOUSING ASSISTANCE.
Section 319(f) of the Family Violence Prevention and
Services Act (42 U.S.C. 10419(f)) is amended by striking
``fiscal year 2001'' and inserting ``each of the fiscal years
2004 through 2008''.
SEC. 414. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended as follows:
(1) In section 302(1) by striking ``demonstrate the
effectiveness of assisting'' and inserting ``assist''.
(2) In section 303(a)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State domestic
violence coalitions knowledgeable individuals and interested
organizations'' and inserting ``State domestic violence
coalitions, knowledgeable individuals, and interested
organizations''; and
(ii) in subparagraph (F), by adding ``and'' at the end; and
(B) by aligning the margins of paragraph (4) with the
margins of paragraph (3).
(3) In section 305(b)(2)(A) by striking ``provide for
research, and into'' and inserting ``provide for research
into''.
(4) In section 311(a)--
(A) in paragraph (2)(K), by striking ``other criminal
justice professionals,;'' and inserting ``other criminal
justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``family law judges,,'' and inserting ``family law judges,'';
(ii) in subparagraph (D), by inserting ``, criminal court
judges,'' after ``family law judges''; and
(iii) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their children''
and inserting ``supervised visitations or denial of
visitation to protect against danger to victims or their
children''.
The SPEAKER pro tempore. The gentleman from Michigan (Mr. Hoekstra)
and the gentleman from Texas (Mr. Hinojosa) each will control 1 hour.
The Chair recognizes the gentleman from Michigan (Mr. Hoekstra).
General Leave
Mr. HOEKSTRA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 14.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. HOEKSTRA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased that we are here today to consider H.R. 14,
the Keeping Children and Families Safe Act of 2003, which reauthorizes
and improves the Child Abuse Prevention and Treatment Act, CAPTA, the
Adoption Opportunities Program, the Abandoned Infants Act, and the
Family Violence Prevention and Treatment Act.
Consideration of this bill today is appropriate and timely, as next
week begins National Child Abuse Prevention month. Unfortunately, the
House and Senate were unable to reach agreement on all issues
pertaining to the reauthorization of CAPTA and FVPSA at the end of last
Congress. The bill before us today shows our efforts and commitment to
ensuring that programs aimed at the prevention of child abuse and
neglect continue.
I would like to thank my colleagues on both sides for their hard work
and efforts in developing this legislation under consideration today. I
especially want to thank the gentleman from Ohio (Mr. Boehner), the
full committee chairman, for his continued support of our efforts in
moving this bill forward; the gentleman from Pennsylvania (Mr.
Greenwood) for his diligence in ensuring that infants born addicted to
alcohol or drugs receive necessary service; and of course my colleagues
on the other side of the aisle, the gentleman from California (Mr.
George Miller), the ranking member of the full committee, for his
support in quickly bringing this bill before us; and also the gentleman
from Texas (Mr. Hinojosa), who again in somewhat of irregular order
consented to bypass the subcommittee and enable this bill to come right
to the full committee and now come to the House. I thank him very much
again for his partnership, and as we complete this bill today, it will
now enable us to move on to other issues within the committee, so I
thank the gentleman from Texas (Mr. Hinojosa) very much.
H.R. 14 provides for the continued provision of important Federal
resources for identifying and addressing the issues of child abuse and
neglect and for supporting effective methods of prevention and
treatment. It also continues local projects with demonstrated value in
eliminating barriers to permanent adoption and addressing the
circumstances that often lead to child abandonment.
Mr. Speaker, this bill emphasizes the prevention of child abuse and
neglect before it occurs. It promotes partnerships between child
protective services and private- and community-based organizations,
including education and health systems to ensure that services and
linkages are more effectively provided. H.R. 14 appropriately addresses
a growing concern over parents being falsely accused of child abuse and
neglect and the aggressiveness of social workers in their child abuse
investigations. It includes language to increase public education
opportunities, to strengthen the public's understanding of the child
protection system, and appropriate reporting of suspected incidents of
child maltreatment.
The bill fosters cooperation between parents and child protective
service workers by requiring caseworkers to inform parents of the
allegations made against them. It improves the training opportunities
and requirements for child protective services personnel regarding the
extent and limits of their legal authority and the legal rights of
parents and legal guardians. It also ensures the safety of foster and
adoptive children by requiring States to conduct criminal background
checks for prospective foster and adoptive parents and other adult
relatives and nonrelatives residing in the household.
Lastly, this bill expands adoption opportunities to provide for
services for infants and young children who are disabled or born with
life-threatening conditions and requires the Secretary of Health and
Human Services to conduct a study on the annual number of infants and
young children abandoned each year and extends the authorization for
the Family Violence Prevention and Services Act.
I want to thank my colleagues for their work on this bill and urge
them to join me in supporting this effort to improve the prevention and
treatment of child abuse and family violence by supporting H.R. 14, the
Keeping Children and Families Safe Act of 2003.
[[Page H2360]]
Mr. Speaker, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Speaker, I yield myself such time as I may consume.
I want to thank the gentleman from Ohio (Chairman Boehner). I want to
thank the gentleman from California (Mr. George Miller) and the
gentleman from Michigan (Mr. Hoekstra), subcommittee chairman, for
their commitment to writing such a good bipartisan bill; and I look
forward to working with our subcommittee chairman on many more issues
that are going to be coming up in this session.
The Keeping Children and Families Safe Act of 2003, or as it is
better known, CAPTA, is a small program that fills an important role in
the Federal response to child abuse by focusing on prevention and
treatment. Child abuse is a serious public problem, and we must do much
more at the Federal level to protect children from abuse and improve
the treatment they receive.
In 2002 there were almost 900,000 substantiated cases of child abuse
and neglect. In 2000 an estimated 1,200 children died as a result of
abuse and neglect. The bill before us today will enhance collaboration
between child protection systems and the juvenile justice system.
Research shows that children who are abused and neglected are more
likely to be involved in delinquent and criminal behavior. By fostering
linkages between the child protection and juvenile justice systems, the
provisions of this bill should lead to better, more appropriate
treatment services.
The legislation also makes important changes by increasing
collaboration between child protective services and health agencies.
Children with disabilities are almost four times more likely to be
victims of abuse and neglect, and children in the child welfare system
are at higher risk for health problems. Any serious attempt to prevent
and treat child abuse and neglect must include procedures for linking
abused children and children at risk for abuse to the appropriate
health and mental health services. The bill also requires States to
report on their efforts to improve caseworker training, supervision,
and retention so that children and families will be served better.
Ultimately, our success in appropriately intervening and providing
services and treatment for vulnerable children and their families is
dependent on having a well-trained workforce to make difficult
judgments about how to best keep a child safe and make sure they have
the love and the support of a permanent family.
{time} 1845
This is a strong bill that will help children receive the services
they need to grow up safe and healthy.
We must not be hypocritical about this. We cannot say we support
children, but not provide the resources to do it. Right now, only 12
percent of Federal money for child abuse and neglect go toward
prevention and treatment. This is shortsighted policy, because if we do
not pay now for prevention and treatment, we pay later in our criminal
justice system and health care costs.
The leadership has designated this week as Children's Week, and it is
fitting that we focus on protecting our most vulnerable children.
However, this legislation will offer little protection if it is not
fully funded at the authorized level of $285 million. Similarly,
designating a week as Children's Week will be little more than another
empty promise if we are unwilling to provide the resources that we
authorize for the key programs that serve our youth, such as this one,
and the No Child Left Behind Act. I hope that the week we consider
fiscal year 2004 appropriations for these programs will truly be
Children's Week.
In closing, Mr. Speaker, I urge my colleagues to support H.R. 14
today.
Mr. Speaker, I reserve the balance of my time.
Mr. HOEKSTRA. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. DeLay), an individual who has a passion for
helping all of our children and who has demonstrated a real caring for
abused and neglected children in America.
Mr. DeLAY. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I rise today in support of H.R. 14, to reauthorize the
Child Abuse Prevention and Treatment Act, and I thank the chairman of
the committee and the ranking member of the Committee on Education and
the Workforce for all the hard work that they put into this important
piece of legislation.
I truly want to commend the gentleman from Michigan (Mr. Hoekstra)
for the work that he put into this in working with Members on both
sides of the aisle. He has crafted a piece of legislation that will be
meaningful to the children of this country. The work that he put in is
exemplary; and most importantly, what he did is he put the best
interests of the child forward in writing this legislation. So many
times we forget the child when we put legislation in, and the gentleman
from Michigan (Mr. Hoekstra) did an outstanding job, and we appreciate
it.
Mr. Speaker, the dimensions of child mistreatment and child murder
are staggering in this country. Sadly, each day four children die from
child abuse and neglect. The rate of infant murder has doubled over the
last 30 years. Almost one infant homicide per day was reported in the
year 2000. Incredibly, half of all the infant murders took place before
the baby even reached the fourth month of life; and tragically, the
risk of infant homicide is highest on the day that the child is born.
The impact of child abuse goes way beyond the 1,200 children that
lose their lives each year. The consequences are far reaching and
devastating, resulting in permanent disabilities, juvenile delinquency,
teenage drug addictions, and prostitution. Today's abused children, if
they live long enough, grow up to become tomorrow's murderers and
perpetrators of violence. Seventy percent, 70 percent, of adult male
prisoners in this country convicted of felonies report a history of
child abuse.
Mr. Speaker, in the fall of 2001, The Washington Post ran a series of
articles describing the deaths of infants born addicted to drugs or
alcohol in the District of Columbia. Over a period of 7 years, 11
newborns died right here in our Nation's Capital because they simply
got lost in the system.
The bill before the House today offers hope. H.R. 14 will ensure that
when an infant is born drug exposed, procedures will be put into place
at the hospital to identify the fragile newborn and provide services to
the mother.
In addition, H.R. 14 strikes the appropriate balance between ensuring
a child's safety and protecting the individual rights of parents
accused of child maltreatment. The committee heard testimony describing
numerous cases of innocent families, many of them home schoolers, being
aggressively investigated for child abuse, and then allegations were
proven to be false. When this happens, not only do the families lose,
but abused children lose as well, because precious time was lost.
This bill does two important things: one, it will improve public
education on the role of the caseworker in investigating complaints of
child abuse; and, two, it will increase training on appropriate
reporting of suspected child abuse. I believe that these two things
will significantly decrease the incidence of false reports that tie up
the system, leaving real abused children uninvestigated.
In short, Mr. Speaker, I believe that H.R. 14 will make our children
safer, and there can be no higher goal.
Mr. HINOJOSA. Mr. Speaker, I yield 5 minutes to the distinguished
gentlewoman from New York (Mrs. Maloney).
(Mrs. MALONEY asked and was given permission to speak out of order
revise and extend her remarks and include extraneous material.)
Tribute to the Late Daniel Patrick Moynihan
Mrs. MALONEY. Mr. Speaker, I thank the gentleman for yielding me time
and for his leadership on this important bill that I am supporting. But
I rise today to pay tribute to Senator Daniel Patrick Moynihan, and, on
behalf of my colleagues and constituents, to join with them in mourning
his passing today.
Senator Moynihan was one of our truly inspiring legislators. He was a
scholar, a legislator, an ambassador, a cabinet officer, a Presidential
adviser in four administrations, the only person in history to serve
four consecutive administrations. He was a teacher, a writer, and one
of the best Senators
[[Page H2361]]
ever to grace the halls of this institution.
He was unmatched in his ability to craft innovative solutions to
society's most pressing problems, from welfare to Social Security, to
transportation, to taxes. His legislative stamp is everywhere.
Known as, and I quote from the Almanac of American Politics, ``the
Nation's best thinker among politicians since Lincoln, and its best
politician among thinkers since Jefferson,'' Senator Moynihan moved
people through the power of his ideas. He was a unique figure in public
life, a man of pure intellect, who was unafraid of speaking
inconvenient truths.
Senator Moynihan's life exemplified the American dream. He grew up in
a slum known as Hell's Kitchen. Abandoned by his father, his mother
became the sole supporter of the family during the Depression. Small
wonder that Senator Moynihan grew up to be a strong voice on welfare
issues. He recognized the danger of fostering a culture of dependency,
while understanding the importance of maintaining a strong safety net.
He proved to be one of the most accurate prophets of our era. Time
and time again he correctly predicted future consequences, even though
many refused to believe him when his prediction ran counter to
conventional wisdom. In the 1980s, he predicted the coming collapse of
the Soviet Union. In the 1990s, he expressed concern about the tendency
of our society to define deviancy down.
For New Yorkers, Senator Moynihan has and always will be one of our
own homegrown heroes, our proud gift to the Nation. Despite his
reputation for attention to the more scholarly pursuits, he authored 18
books, Senator Moynihan never forgot those of us who elected him.
He was a hero to landmark preservationists for his effort to preserve
the Custom House and the Farley Post Office, the new train station on
the Farley site, which he helped plan and which he helped to fund, but
it does not yet have a name. I believe that it should be named for
Daniel Patrick Moynihan.
When the Coast Guard left Governors Island, he persuaded President
Clinton to agree to give the island to New York for $1, and it was this
Congress that was able to make that pledge a reality. As ambassador to
the United Nations, he denounced the resolution equating Zionism with
racism. Seventeen years later, the U.N. reversed itself, revoking this
shameful resolution.
Senator Moynihan was a prime mover behind ISTEA, which changed the
way highway and transportation funds are distributed. He was widely
credited with shifting transportation priorities and making it possible
for us to invest in alternatives, like high-speed rail.
As a member of the Senate Finance Committee, he was a guardian of
Social Security; and he focused his attention on the importance of
opening up government filings and reducing secrecy in government. I was
proud to have worked with him on the passage of the Nazi War Crimes
Disclosure bill. After 50 years, Americans finally are beginning to get
a glimpse of the things that our government knew.
Senator Moynihan was also a tireless worker on getting an accurate
census for our country.
Senator Moynihan's passing will make this country a poorer place. I
join my constituents and my colleagues in paying tribute to the great
Senator from the Great State of New York.
Senator Moynihan was truly an American treasure. He was a great
friend and mentor to me, and we will miss him greatly. My colleagues
and I send to Elizabeth and their family our deep concern and
condolences.
Mr. Speaker, I include for the Record a biography of this remarkable
man.
Daniel Patrick Moynihan was the senior United States Senator from New
York. First elected in 1976, Senator Moynihan was re-elected in 1982,
1988, and 1994.
Senator Moynihan was the Ranking Minority Member of the Senate
Committee on Finance. He served on the Senate Committee on Environment
and Public Works and the Senate Committee on Rules and Administration.
He also was a member of the Joint Committee on Taxation and the Joint
Committee on the Library of Congress.
A member of the Cabinet or sub-Cabinet of Presidents Kennedy,
Johnson, Nixon and Ford, Senator Moynihan was the only person in
American history to serve in four successive administrations. He was
U.S. Ambassador to India from 1973 to 1975 and U.S. Representative to
the United Nations from 1975 to 1976. In February 1976 he represented
the United States as President of the United Nations Security Council.
Senator Moynihan was born on March 17, 1927. He attended public and
parochial schools in New York City and graduated from Benjamin Franklin
High School in East Harlem. He went on to attend the City College of
New York for one year before enlisting in the United States Navy. He
served on active duty from 1944 to 1947. In 1966, he completed twenty
years in the Naval Reserve and was retired. Senator Moynihan earned his
bachelor's degree (cum laude) from Tufts University, studied at the
London School of Economics as a Fulbright Scholar, and received his
M.A. and Ph.D. from Tufts University's Fletcher School of Law and
Diplomacy.
Senator Moynihan was a member of Averell Harriman's gubernatorial
campaign staff in 1954 and then served on Gov. Harriman's staff in
Albany until 1958. He was an alternate Kennedy delegate at the 1960
Democratic Convention. Beginning in 1961, he served in the U.S.
Department of Labor as an assistant to the Secretary, and later as
Assistant Secretary of Labor for Policy Planning and Research.
In 1966, Senator Moynihan became Director of the Joint Center for
Urban Studies at Harvard University and the Massachusetts Institute of
Technology. He has been a Professor of Government at Harvard
University, Assistant Professor of Government at Syracuse University, a
fellow at the Center for Advanced Studies at Wesleyan University, and
has taught in the extension programs of Russell Sage College and the
Cornell University School of Industrial and Labor Relations. Senator
Moynihan is the recipient of 62 honorary degrees.
Senator Moynihan was the author or editor of 18 books. His most
recent work is Secrecy: The American Experience, published in the fall
of 1998, an expansion of the report by the Commission on Protecting and
Reducing Government Secrecy. Senator Moynihan, as Chairman of the
Commission, led the first comprehensive review in forty years of the
Federal Government's system of classifying and declassifying
information and granting clearances.
Since 1976 Senator Moynihan has published an analysis of the flow of
funds between the Federal Government and New York State. In 1992 the
analysis became a joint publication with the Taubman Center for State
and Local Government at Harvard University, and includes all fifty
states.
Senator Moynihan was a fellow of the American Association for the
Advancement of Science (AAAS). He was Chairman of the AAAS's section on
Social, Economic and Political Science (1971-72) and a member of the
Board of Directors (1972-73). He also served as a member of the
President's Science Advisory Committee (1971-73). Senator Moynihan was
Vice Chairman (1971-76) of the Woodrow Wilson International Center for
Scholars. He served on the National Commission on Social Security
Reform (1982-83) whose recommendations formed the basis of legislation
to assure the system's fiscal stability.
He was the founding Chairman of the Board of Trustees of the
Hirshhorn Museum and Sculpture Garden (1971-85) and served as Regent of
the Smithsonian Institution, having been appointed in 1987 and again in
1995. In 1985, the Smithsonian awarded him its Joseph Henry Medal.
In 1965, Senator Moynihan received the Arthur S. Flemming Awards,
which recognizes outstanding young Federal employees, for his work as
``an architect of the Nation's program to eradicate poverty.'' He has
also received the International League of Human Rights Award (1975) and
the John LaFarge Award for Interracial Justice (1980). In 1983, he was
the first recipient of the American Political Science Association's
Hubert H. Humphrey Award for ``notable public service by a political
scientist.'' In 1984, Senator Moynihan received the State University of
New York at Albany's Medallion of the University in recognition of his
``extraordinary public service and leadership in the field for
education.'' In 1986, he received the Seal Medallion of the Central
Intelligence Agency and the Britannica Medal for the Dissemination of
Learning.
He has also received the Laetare Medal of the University of Notre
Dame (1992), the Thomas Jefferson Award for Public Architecture from
the American Institute of Architects (1992), and the Thomas Jefferson
Medal for Distinguished Achievement in the Arts or Humanities from the
American Philosophical Society (1993). In 1994, he received the Gold
Medal Award ``honoring services to humanity'' from the National
Institute of Social Sciences.
[[Page H2362]]
In 1997, the College of Physicians and Surgeons at Columbia University
awarded Senator Moynihan the Cartwright Prize. He was the 1998
recipient of the Heinz Award in Public Policy ``for having been a
distinct and unique voice in the century--independent in his
convictions, a scholar, teacher, statesman and politician, skilled in
the art of the possible.''
Elizabeth Brennan Moynihan, his wife of 44 years, is an architectural
historian with a special interest in 16th century Mughal architecture
in India. She is the author of Paradise as a Garden: In Persia and
Mughal India (1979) and numerous articles. Mrs. Moynihan is a former
Chairman of the Board of the American Schools of Oriental Research. She
serves as a member of the Indo-U.S. Subcommission on Education and
Culture, and the visiting committee of the Freer Gallery of Art at the
Smithsonian Institution. She is Vice Chair of the Board of the National
Building Museum, and on the Trustees Council of the Preservation League
of New York State.
Mr. HOEKSTRA. Mr. Speaker, I yield such time as he may consume to the
gentleman from Pennsylvania (Mr. Greenwood), a member of the full
committee and a gentleman who helped us work through this legislation.
Mr. GREENWOOD. Mr. Speaker, I thank the gentleman for yielding me
time. I also thank him for his splendid work on this very important
piece of legislation.
Mr. Speaker, I also thank the gentleman from Texas (Mr. Hinojosa),
the gentleman from Ohio (Chairman Boehner), and the ranking member, the
gentleman from California (Mr. George Miller), for their work, because
they truly produced a bipartisan product here. If there was ever a
reason to come together across the aisle, Republican and Democrat, to
come to agreement, I cannot think of one more vital than that, of
protecting children from child abuse and responding to children who
have been abused.
Mr. Speaker, before I entered politics, I was a caseworker. I worked
with abused and neglected children. And it is painful work to do. We
all know about child abuse, the immediate consequences of child abuse.
There is nothing more pathetic and pitiful than to think of a young
child, a newborn, a child of any age, who looks to his or her mother,
his or her father, for the kind of guidance, the kind of love, the kind
of nurturing that all of us want to give to our children and all of us
were fortunate enough to have in our childhood, and instead receive
rebukes, receive blows, to be tortured, to be sexually abused. The pain
of that is unimaginable and anguishing for the child.
Then, of course, it produces long-term consequences that the
gentleman from Texas (Mr. DeLay) and others have referred to. It is the
cause of so many people turning to lives of crime, it is the cause of
so many individuals becoming abusers themselves of their children and
of their spouses, it is the cause of substance abuse in so many cases.
So many of the ills of society that are costly in terms of human
suffering and costly in terms of tax dollars have their origin in the
abuse of children.
One of the things that frustrated me as a caseworker was that we know
how to respond to abuse. We know how to get it reported now. We have
hot lines. We know how to do interventions and investigations. We know
how to prosecute child abusers. We know how to seek custody of children
who are dependent and not safe at home and place them into foster care.
We know how to place children in adoption. We even know how, in some
instances, to bring families together again and heal the parents and
provide them the services that they need so that they do not have to be
abusive.
But the thing that we have the most difficulty in doing is preventing
the abuse in the first place. That is so hard, so difficult to get to.
That is why I take such great satisfaction in the fact that the members
of my committee, the ranking members of the subcommittee and the full
committee and the chairman and the gentleman from Michigan (Mr.
Hoekstra) and the staff helped me to put language in this bill that I
hope will do a great deal to prevent child abuse.
{time} 1900
If we look at the precursors to child abuse, if we try to predict
child abuse and see where we can intervene before it occurs, what the
experts will tell us, and those of us who have been in the field know,
is that substance abuse is a great predictor of child abuse. When you
have a mother and/or a father or others in the house who are addicted
to alcohol, who are addicted to drugs, you find so frequently in, I
think, 35 percent of the cases, you find that because they are
inhibited, they break awful taboos; because their nerves are ruined,
they become short-tempered and abusive to their children; because they
are out of touch with reality, they do things they do not even know
that they are doing. We know that substance abuse leads so frequently,
almost invariably, to child abuse.
So what do we do about that? The opportunity to intervene is best
found when a child is born. When a child is born in a hospital and it
suffers from fetal alcohol syndrome, if it is clear that the mother is
addicted to drugs because either she is showing the signs or the child
is in neonatal abstinence syndrome, which means they are coming off of
drugs at the time of birth, if we can see the systemic presence of a
substance, a controlled substance in a child, if it has done
neurological damage to a child, we know right there and then at that
moment of birth of this child that if something does not happen there
is an extraordinarily high chance that that child, after its
neurological conditions, its physiological conditions are healed in the
hospital, will then return home to a situation in which it is
incredibly likely to be abused.
The problem we have had heretofore is there is no legal way to
intervene. People have tried to pass laws at the State level and at
perhaps the Federal level to make it a child abuse case. Well, that is
problematic, because we do not want to necessarily prosecute the woman
for child abuse because she has a substance abuse problem. We may even
drive her away from the hospital if she knows she is going to face
that, and she may choose to deliver at home in a dangerous situation.
So it seems that the thing to do is to intervene with social services.
What the language that is in the bill says is that when these
children appear under these circumstances is that the hospital
personnel, the medical personnel shall be required to report that
information to the child protective services specialists who then will
come out to the hospital right away and intervene and get with that
mother and hopefully the father, if the father is there, and say, look,
you have a problem here. You have struck bottom. Look what your problem
has done to your child. Here is an opportunity to get help. For the
sake of your child, are you willing to receive nursing care at your
home, in-home nurses? Are you willing to get treatment for your drug
abuse? Are you willing to get social services? We can bring to bear a
whole host of intervention services so that your problems are solved
and you do not put your child at risk.
It is a wonderful opportunity. All of the substance abuse treatment
experts will tell us that it is a bottoming-out experience when the
mother and/or the father look and say, what have we done here? This is
as low as it gets. We have hurt our newborn baby, that they are most
ready for help. By bringing these services to bear, we can help these
children and these families. We can prevent child abuse.
In the cases where the mother and the father just refuse to accept
services, then that may be the trigger for the caseworkers to take that
case to court and seek custody of the child and provide protective
custody. But hopefully, in most cases, it will result in a happier
ending than that and one in which the child is protected, the family is
healed, and good is done all around.
So I want to thank the gentleman from Michigan (Mr. Hoekstra), the
gentleman from Texas (Mr. Hinojosa), the gentleman from Ohio (Mr.
Boehner), the gentleman from California (Mr. George Miller), and the
staff on both sides of the aisle for helping me get this language in
which I tried for years and years in my State legislature of
Pennsylvania to get it in; and I am so happy to have it as part of this
bill this evening.
Mr. HINOJOSA. Mr. Speaker, before bringing this to closure, I want to
join the gentlewoman from New York (Mrs. Maloney) in agreeing that the
tribute that she paid Senator Daniel Patrick Moynihan was one that is
well deserved and one that is going to be remembered
[[Page H2363]]
throughout the country by many thousands of people who learned to love
Senator Moynihan.
I want to thank the subcommittee chairman, the gentleman from
Michigan (Mr. Hoekstra), for bringing this legislation forward and
bringing it to the floor in a very bipartisan manner.
Mr. Speaker, I yield back the balance of my time.
Mr. HOEKSTRA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, just in closing, some may ask, what is the Federal
Government's role in this? Do we not realize that dealing with these
kinds of issues is done at the local level, that it is done at the
State level? And they are absolutely right. What we want to do tonight
is we want to recognize the tens of thousands of caseworkers and social
workers who each and every day wrestle with these kinds of issues and
how they help these children, how they help these families address
these very serious problems.
What we are doing here tonight, what comes out of the CAPTA bill, is
that at the Federal Government level we do research, we identify best
practices, we provide technical assistance, we provide funding for
demonstration projects. All of these things are intended to help the
States and help those workers at the local level, that when they are
involved in these cases that they come up with the right set of
answers, the right sets of proposals, to help the child, to help the
family, and to help the community forward. That is where the Federal
Government can provide a helping hand to address this very, very
serious problem.
So, in closing, I thank the gentleman from Texas (Mr. Hinojosa), I
thank the gentleman from Ohio (Mr. Boehner), and I thank the gentleman
from California (Mr. George Miller) and the staff on both sides of the
aisle for working in a very collaborative way to get this bill done. I
look forward now to joining with my colleagues in passing this bill out
of the House and bringing it to the other body and, soon, either being
in a conference committee or being at the White House for the President
to sign this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. CARDIN. Mr. Speaker, I rise today in support of the Keeping
Children and Families Safe Act (H.R. 14). This legislation reauthorizes
several programs that attempt to both prevent and respond to cases of
child abuse.
In addition to authorizing spending for these child abuse prevention
programs, H.R. 14 also expands their focus to address some of the
growing problems within our child protective services system.
For example, the legislation highlights the need to improve the
retention and training of child welfare caseworkers. The average tenure
of these workers who deal with very difficult cases of dysfunctional
families and abused children is less than two years. Such a rapid
turnover rate negatively affects the system's ability to make informed
decisions about the placement of at-risk children.
The bill also acknowledges the importance of providing mental health
and substance abuse services to some of the troubled families in the
child welfare system.
We know that appropriate access to these critical services is often
very limited--which either delays the reunification of children with
their families, or potentially leads to their placement in unsafe
environments.
As we laud this bill, we must remember that it authorizes only a few
hundred million dollars a year for a whole spectrum of activities
related to providing protection and permanency for children. In the
context of a foster care system that spends about $5 billion a year on
the placement of children outside of their homes, this is a very modest
investment.
We also need to keep in mind that this bill is merely an
authorization--meaning the funding must still be approved every year by
the Appropriations Committee. The CAPTA grants, which the bill
authorizes $200 million for next year, were funded at less than half
that amount this year ($89 million).
So this bill is a good step in the right direction, but we still have
a long road to travel to adequately protect at-risk children. As the
year continues, I hope we can emulate the bipartisan spirit of this
bill and make some additional progress toward ensuring the safety and
well-being of our most vulnerable children.
Mr. BOEHNER. Mr. Speaker, I rise in support of H.R. 14, the ``Keeping
Children and Families Safe Act of 2003.'' This bill reauthorizes the
Child Abuse Prevention and Treatment Act and the Family Violence
Prevention and Services Act, and related child and family protection
acts. H.R. 14 represents our efforts and commitment to once again
ensure that programs aimed at the prevention of child abuse and neglect
are strengthened and continue to serve vulnerable children.
It's fitting that we are considering this bill today, as next week
marks the beginning of National Child Abuse Prevention Month. This bill
reflects our strong belief that every child in America deserves the
security of being a part of a safe, permanent, caring family.
H.R. 14 aims to improve program implementation. It makes improvements
to current law to ensure that states have the necessary resources and
flexibility to properly address the prevention of child abuse and
neglect.
It ensures that children are protected from abuse and neglect through
best practice prevention and treatment services. It also reflects our
belief that we can help achieve this goal by maintaining resources for
adoption opportunities, identifying and addressing the needs of
abandoned infants, and ensuring that resources continue to be available
to promote family violence prevention activities. This bill also
addresses the problem of child abandonment and abuse with effective
solutions that can make a real difference in the lives of children.
H.R. 14 appropriately addresses issues regarding child protective
services across the United States by enhancing training for personnel,
requiring more effective partnerships between child protective services
and private and community-based organizations, and improving public
education on the child protection system.
This bill enjoys bipartisan support and is widely supported
throughout the child abuse prevention and family violence prevention
communities.
Finally Mr. Speaker, I want to thank my colleagues--Select Education
Subcommittee Chairman Hoekstra, Mr. Greenwood, and Mr. Miller, the
ranking member of the full committee--for their efforts in bringing
forward this important and timely legislation.
I urge my colleagues to join me in support of H.R. 14, the Keeping
Children and Families Safe Act of 2003.
Ms. SCHAKOWSKY. Mr. Speaker, I rise today in support of H.R. 14, the
Keeping Children and Families Safe Act. There are provisions in this
bill that will provide much needed resources for child abuse
prevention, assistance for victims of child abuse and family violence,
and adoption opportunities. In particular, I am very pleased that this
bill authorizes $25 million for each of the fiscal years 2004 through
2008 for transitional housing for victims of domestic violence. It is
my sincere hope that this bill will pass and the funding for
transitional housing will be appropriated as soon as possible.
Transitional housing has been shown to prevent domestic violence and
mitigate its effects. Unfortunately, many women who leave their abusers
lack adequate resources and, with a shortage of emergency shelter and
transitional housing options, are forced to choose between abuse at
home or life on the streets. Yet, despite the fact that 50 percent of
homeless women and children are fleeing domestic violence, there is
currently no federal funding for transitional housing specifically for
those victims.
It is critical that transitional housing be available to all those
fleeing domestic abuse if we want to see an end to this violence.
Transitional housing resources and services provide a continuum between
emergency shelter provisions and independent living. A stable,
sustainable home base for women and their children in transitional
housing allows women the opportunities to learn new job skills,
participate in educational programs, work full-time jobs, and search
for adequate child care in order to gain self-sufficiency. Without such
resources, many women eventually return to situations where they are
abused and even killed.
In addition to supporting the funding for transitional housing as
provided in H.R. 14, I am currently preparing to reintroduce the
Domestic Violence and Sexual Assault Victims Housing Act. This bill
would authorize $50 million a year to the Violence Against Women Office
to award grants to provide transitional housing to women and their
children escaping violence. I urge my colleagues to support this
measure.
However, supporting measures such as H.R. 14 and the Domestic
Violence and Sexual Assault Victims Housing Act are only the first step
in making sure that Congress works to end the cycle of violence against
women. It is crucial that Congress take the next step of actually
making the money available. The House has authorized funding for
transitional housing for domestic violence victims multiple times, yet
has never appropriated a single dollar for this purpose. Therefore, I
strongly urge my colleagues to follow through on their support for
transitional housing and appropriate money for this purpose in the
Fiscal Year (FY) 2004 budget.
Victims of domestic violence deserve nothing less than our full
commitment to providing adequate resources that will help them rid
their lives of violence forever and rebuild
[[Page H2364]]
healthy lives for themselves and their children. I urge my colleagues
to vote ``yes'' on H.R. 14.
Mr. ORTIZ. Mr. Speaker, I rise in support of H.R. 14. This bill
reauthorizes several federal programs aimed at curtailing the
prevalence of child abuse across this country. While each Congressional
district in the nation is affected by atrocities against children, in
our South Texas community, we were vividly reminded this month of the
horrors people visit on children.
Recently, three young children, ages two months to three years old,
were brutally murdered by their parents in Brownsville. These children
were the latest innocent victims in society's ongoing struggle against
child abuse.
There is nothing this House can do to change the sad, sick hearts of
those who abuse our children. But we can offer local communities
resources to combat this serious problem. This legislation will
increase grant funding by 114 percent for child abuse prevention and
will offer roughly $80 million for community-based grants to target and
combat child abuse.
This bill will require the overburdened child welfare systems to
ensure abused or neglected children under age 3 have access to early
intervention programs. We know that without early intervention,
children become harder and harder to reach. It is the child welfare
programs that are our most effective anti-crime weapon. When we reach
children early, we have a chance at preserving their morale and
directing their emotions in a healthy way.
This bill incorporates private partnerships by improving the
supervision of casework and promoting partnerships between state child
protective service systems and private organizations.
Estimates are that child protective agencies receive 3 million
reports of child abuse or neglect involving 5 million children in the
United States. More than 1,200 children die each year as a direct
result of this neglect. This abuse is most often associated with
delinquency, drug abuse and other vices on part of the parents, which
was the case of the young Brownsville victims. This cycle of violence
evolves from abused children to troubled adults who then victimize
their own children. Intervening in this cycle, as early as possible, is
the best recourse we can offer.
I am also pleased that we are also considering today H. Res. 113, to
provide Congressional recognition to Child Help USA for sponsoring a
``Day of Hope'' which will be observed on April 2, during Child Abuse
Prevention Month. While Congress cannot change the dark hearts of those
who abuse innocent children, we can at least focus public attention on
this important subject and offer additional resources to those who
fight this heartbreaking fight every day.
The SPEAKER pro tempore (Mr. Gutknecht). All time for debate has
expired.
Pursuant to the order of the House of Tuesday, March 25, 2003, the
previous question is ordered.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
The SPEAKER pro tempore. Pursuant to the previous order of the House
of March 25, 2003, the Senate bill, (S. 342) is amended by striking all
after the enacting clause and inserting in lieu thereof the text of
H.R. 14, as passed by the House.
The text of the Senate bill is as follows:
S. 342
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 ``Keeping
Children and Families Safe Act of 2003''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Findings.
Subtitle A--General Program
Sec. 111. National clearinghouse for information relating to child
abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Miscellaneous requirements relating to assistance.
Sec. 116. Authorization of appropriations.
Sec. 117. Reports.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource
programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.
Subtitle C--Conforming Amendments
Sec. 141. Conforming amendments.
TITLE II--ADOPTION OPPORTUNITIES
Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.
TITLE III--ABANDONED INFANTS ASSISTANCE
Sec. 301. Findings.
Sec. 302. Establishment of local projects.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 401. State demonstration grants.
Sec. 402. Secretarial responsibilities.
Sec. 403. Evaluation.
Sec. 404. Information and technical assistance centers.
Sec. 405. Authorization of appropriations.
Sec. 406. Grants for State domestic violence coalitions.
Sec. 407. Evaluation and monitoring.
Sec. 408. Family member abuse information and documentation project.
Sec. 409. Model State leadership grants.
Sec. 410. National domestic violence hotline grant.
Sec. 411. Youth education and domestic violence.
Sec. 412. National domestic violence shelter network.
Sec. 413. Demonstration grants for community initiatives.
Sec. 414. Transitional housing assistance.
Sec. 415. Technical and conforming amendments.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000''
and inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form
of maltreatment; and
``(B) investigations have determined that approximately 63
percent of children who were victims of maltreatment in 2000
suffered neglect, 19 percent suffered physical abuse, 10
percent suffered sexual abuse, and 8 percent suffered
emotional maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2000, an estimated 1,200 children were counted by
child protection services to have died as a result of abuse
or neglect; and
``(C) children younger than 1 year old comprised 44 percent
of child abuse fatalities and 85 percent of child abuse
fatalities were younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment;
``(B) slightly less than half of these children (45 percent
in 2000) and their families fail to receive adequate
protection or treatment; and
``(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in 2000,
as a result of an investigation or assessment conducted by
the child protective services agency, received no
services;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``organizations'' and
inserting ``community-based organizations'';
(B) in subparagraph (D), by striking ``ensures'' and all
that follows through ``knowledge,'' and inserting
``recognizes the need for properly trained staff with the
qualifications needed''; and
(C) in subparagraph (E), by inserting before the semicolon
the following: ``, which may impact child rearing patterns,
while at the same time, not allowing those differences to
enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking
``this national child and family emergency'' and inserting
``child abuse and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting ``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.
Subtitle A--General Program
SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.
(a) Functions.--Section 103(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--
[[Page H2365]]
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all
effective programs, including private and community-based
programs, that show promise of success with respect to the
prevention, assessment, identification, and treatment of
child abuse and neglect and hold the potential for broad
scale implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting
a semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used
for achieving improvements in child protective systems;'';
and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that 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) ways to mitigate psychological trauma to the child
victim; and
``(C) effective programs carried out by the States under
this Act; and
``(5) collect 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) appropriate State and local officials to assist in
training law enforcement, legal, judicial, medical, mental
health, education, and child welfare personnel.''.
(b) Coordination With Available Resources.--Section
103(c)(1) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104(c)(1)) is amended--
(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that describes
best practices being used throughout the Nation for making
appropriate referrals related to, and addressing, the
physical, developmental, and mental health needs of abused
and neglected children; and''.
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND
DEMONSTRATIONS.
(a) Research.--Section 104(a) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in the first
sentence, by inserting ``, including longitudinal research,''
after ``interdisciplinary program of research''; and
(B) in subparagraph (B), by inserting before the semicolon
the following: ``, including the effects of abuse and neglect
on a child's development and the identification of successful
early intervention services or other services that are
needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and inserting
``judicial systems, including multidisciplinary, coordinated
decisionmaking procedures''; and
(ii) by striking ``and'' at the end; and
(D) in subparagraph (D)--
(i) in clause (viii), by striking ``and'' at the end;
(ii) by redesignating clause (ix) as clause (x); and
(iii) by inserting after clause (viii), the following:
``(ix) the incidence and prevalence of child maltreatment
by a wide array of demographic characteristics such as age,
sex, race, family structure, household relationship
(including the living arrangement of the resident parent and
family size), school enrollment and education attainment,
disability, grandparents as caregivers, labor force status,
work status in previous year, and income in previous year;
and'';
(E) by redesignating subparagraph (D) as subparagraph (I);
and
(F) by inserting after subparagraph (C), the following:
``(D) the evaluation and dissemination of best practices
consistent with the goals of achieving improvements in the
child protective services systems of the States in accordance
with paragraphs (1) through (12) of section 106(a);
``(E) effective approaches to interagency collaboration
between the child protection system and the juvenile justice
system that improve the delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems;
``(F) an evaluation of the redundancies and gaps in the
services in the field of child abuse and neglect prevention
in order to make better use of resources;
``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of low
income children who need health services, including mental
health services;
``(H) the information on the national incidence of child
abuse and neglect specified in clauses (i) through (xi) of
subparagraph (H); and'';
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Not later than 2 years after the date of enactment of
the Keeping Children and Families Safe Act of 2003, and every
2 years thereafter, the Secretary shall provide an
opportunity for public comment concerning the priorities
proposed under subparagraph (A) and maintain an official
record of such public comment.'';
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on
the national incidence of child abuse and neglect, including
the information on the national incidence on child abuse and
neglect specified in subparagraphs (i) through (ix) of
paragraph (1)(I).
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate a report that contains the results
of the research conducted under paragraph (2).''.
(b) Provision of Technical Assistance.--Section 104(b) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``nonprofit private agencies and'' and
inserting ``private agencies and community-based''; and
(B) by inserting ``, including replicating successful
program models,'' after ``programs and activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link child
protective service agencies with health care, mental health
care, and developmental services to improve forensic
diagnosis and health evaluations, and barriers and shortages
to such linkages.''.
(c) Demonstration Programs and Projects.--Section 104 of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105)
is amended by adding at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary
may award grants to, and enter into contracts with, States or
public or private agencies or organizations (or combinations
of such agencies or organizations) for time-limited,
demonstration projects for the following:
``(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary may
award grants under this subsection to entities to assist such
entities in establishing and operating safe, family-friendly
physical environments--
``(A) for court-ordered, supervised visitation between
children and abusing parents; and
``(B) to safely facilitate the exchange of children for
visits with noncustodial parents in cases of domestic
violence.
``(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide educational
identification, prevention, and treatment services in
cooperation with preschool and elementary and secondary
schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects
that provide for the development of effective and research-
based risk and safety assessment tools relating to child
abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve effective
and research-based innovative training for mandated child
abuse and neglect reporters.
``(5) Comprehensive adolescent victim/victimizer prevention
programs.--The Secretary may award grants to organizations
that demonstrate innovation in preventing child sexual abuse
through school-based programs in partnership with parents and
community-based organizations to establish a network of
trainers who will work with schools to implement the program.
The program shall be comprehensive, meet State guidelines for
health education, and should reduce child sexual abuse by
focusing on prevention for both adolescent victims and
victimizers.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) Demonstration Programs and Projects.--Section 105(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106(a)) is amended--
(1) in the subsection heading, by striking
``Demonstration'' and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``nonprofit'';
(B) in subparagraph (A), by striking ``law, education,
social work, and other relevant
[[Page H2366]]
fields'' and inserting ``law enforcement, judiciary, social
work and child protection, education, and other relevant
fields, or individuals such as court appointed special
advocates (CASAs) and guardian ad litem,'';
(C) in subparagraph (B), by striking ``nonprofit'' and all
that follows through ``; and'' and inserting ``children,
youth and family service organizations in order to prevent
child abuse and neglect;'';
(D) in subparagraph (C), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(D) for training to support the enhancement of linkages
between child protective service agencies and health care
agencies, including physical and mental health services, to
improve forensic diagnosis and health evaluations and for
innovative partnerships between child protective service
agencies and health care agencies that offer creative
approaches to using existing Federal, State, local, and
private funding to meet the health evaluation needs of
children who have been subjects of substantiated cases of
child abuse or neglect;
``(E) for the training of personnel in best practices to
promote collaboration with the families from the initial time
of contact during the investigation through treatment;
``(F) for the training of personnel regarding the legal
duties of such personnel and their responsibilities to
protect the legal rights of children and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and local
health care agencies, alcohol and drug abuse prevention and
treatment agencies, mental health agencies, and other public
and private welfare agencies to promote child safety,
permanence, and family stability;
``(I) for cross training for child protective service
workers in effective and research-based methods for
recognizing situations of substance abuse, domestic violence,
and neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to disabled
infants with life-threatening conditions for--
``(i) professionals 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.'';
(4) by redesignating paragraph (2) and (3) as paragraphs
(3) and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants
under this subsection to public and private agencies that
demonstrate innovation in responding to reports of child
abuse and neglect, including programs of collaborative
partnerships between the State child protective services
agency, community social service agencies and family support
programs, law enforcement agencies, developmental disability
agencies, substance abuse treatment entities, health care
entities, domestic violence prevention entities, mental
health service entities, schools, churches and synagogues,
and other community agencies, to allow for the establishment
of a triage system that--
``(A) 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;
``(B) provides, either directly or through referral, a
variety of community-linked services to assist families in
preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in jeopardy.'';
(6) in paragraph (3) (as so redesignated), by striking
``nonprofit organizations (such as Parents Anonymous)'' and
inserting ``organizations'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinship
care.--'' and inserting the following:
``(4) Kinship care.--
``(A) In general.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies
and public health, mental health, and developmental
disabilities agencies.--The Secretary may award grants to
entities that provide linkages between State or local child
protective service agencies and public health, mental health,
and developmental disabilities agencies, for the purpose of
establishing linkages that are designed to help assure that a
greater number of substantiated victims of child maltreatment
have their physical health, mental health, and developmental
needs appropriately diagnosed and treated, in accordance with
all applicable Federal and State privacy laws.''.
(b) Discretionary Grants.--Section 105(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (b)'' and inserting ``subsection (a)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(4) by inserting after paragraph (2) (as so redesignated),
the following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a
report of maltreatment has been substantiated.''; and
(5) in paragraph (4)(D), by striking ``nonprofit''.
(c) Evaluation.--Section 105(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the
Secretary shall make available technical assistance for the
evaluation, where needed, including the use of a rigorous
application of scientific evaluation techniques.''.
(d) Technical Amendment to Heading.--The section heading
for section 105 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106) is amended to read as follows:
``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES
AND ORGANIZATIONS.''.
SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case monitoring,''
after ``case management''; and
(B) by inserting ``and treatment'' after ``and delivery of
services'';
(2) in paragraph (4), by striking ``improving'' and all
that follows through ``referral systems'' and inserting
``developing, improving, and implementing risk and safety
assessment tools and protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and
neglect from intake through final disposition and allow
interstate and intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including--
``(A) training regarding effective and research-based
practices to promote collaboration with the families;
``(B) training regarding the legal duties of such
individuals; and
``(C) personal safety training for case workers;'';
(7) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) improving the skills, qualifications, and
availability of individuals providing services to children
and families, and the supervisors of such individuals,
through the child protection system, including improvements
in the recruitment and retention of caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating effective and research-
based training protocols for individuals mandated to report
child abuse or neglect;
``(10) developing, implementing, or operating 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;
``(11) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';
(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon; and
(10) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity of treatment plan and
services as children transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or
neglected, including supporting prompt, comprehensive health
and developmental evaluations for children who are the
subject of substantiated child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended--
[[Page H2367]]
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the Secretary of any
substantive changes'' and inserting the following: ``provide
notice to the Secretary--
``(i) of any substantive changes; and'';
(ii) by striking the period and inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) any significant changes to how funds provided under
this section are used to support the activities which may
differ from the activities as described in the current State
application.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii), (iv), (v), (vi),
(vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses
(iv), (vi), (vii), (viii), (x), (xi), (xii), (xiii), (xiv),
(xv), (xvi) and (xvii), respectively;
(ii) by inserting after clause (i), the following:
``(ii) policies and procedures (including appropriate
referrals to child protection service systems and for other
appropriate services) to address the needs of infants born
and identified as being affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug exposure;
``(iii) the development of a plan of safe care for the
infant born and identified as being affected by illegal
substance abuse or withdrawal symptoms;'';
(iii) in clause (iv) (as so redesignated), by inserting
``risk and'' before ``safety'';
(iv) by inserting after clause (iv) (as so redesignated),
the following:
``(v) triage procedures for the appropriate referral of a
child not at risk of imminent harm to a community
organization or voluntary preventive service;'';
(v) in clause (viii)(II) (as so redesignated), by striking
``, having a need for such information in order to carry out
its responsibilities under law to protect children from abuse
and neglect'' and inserting ``, as described in clause
(ix)'';
(vi) by inserting after clause (viii) (as so redesignated),
the following:
``(ix) provisions to require a State to disclose
confidential information to any Federal, State, or local
government entity, or any agent of such entity, that has a
need for such information in order to carry out its
responsibilities under law to protect children from abuse and
neglect;'';
(vii) in clause (xiii) (as so redesignated)--
(I) by inserting ``who has received training appropriate to
the role, and'' after ``guardian ad litem,''; and
(II) by inserting ``who has received training appropriate
to that role'' after ``advocate'';
(viii) in clause (xv) (as so redesignated), by striking
``to be effective not later than 2 years after the date of
enactment of this section'';
(ix) in clause (xvi) (as so redesignated)--
(I) by striking ``to be effective not later than 2 years
after the date of enactment of this section''; and
(II) by striking ``and'' at the end;
(x) in clause (xvii) (as so redesignated), by striking
``clause (xii)'' each place that such appears and inserting
``clause (xvi)''; and
(xi) by adding at the end the following:
``(xviii) provisions and procedures to require that a
representative of the child protective services agency shall,
at the initial time of contact with the individual subject to
a child abuse and neglect investigation, advise the
individual of the complaints or allegations made against the
individual, in a manner that is consistent with laws
protecting the rights of the informant;
``(xix) provisions addressing the training of
representatives of the child protective services system
regarding the legal duties of the representatives, which may
consist of various methods of informing such representatives
of such duties, in order to protect the legal rights and
safety of children and families from the initial time of
contact during investigation through treatment;
``(xx) provisions and procedures for improving the
training, retention, and supervision of caseworkers; and
``(xxi) not later than 2 years after the date of enactment
of the Keeping Children and Families Safe Act of 2003,
provisions and procedures for requiring criminal background
record checks for prospective foster and adoptive parents and
other adult relatives and non-relatives residing in the
household;''; and
(C) in paragraph (2), by adding at the end the following
flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse
and neglect.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is
amended by striking ``With regard to clauses (v) and (vi) of
paragraph (2)(A)'' and inserting ``With regard to clauses
(vi) and (vii) of paragraph (2)(A)''.
(c) Citizen Review Panels.--Section 106(c) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures'' and inserting ``,
procedures, and practices''; and
(II) by striking ``the agencies'' and inserting ``State and
local child protection system agencies''; and
(ii) in clause (iii)(I), by striking ``State'' and
inserting ``State and local''; and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide for public
outreach and comment in order to assess the impact of current
procedures and practices upon children and families in the
community and in order to meet its obligations under
subparagraph (A).''; and
(2) in paragraph (6)--
(A) by striking ``public'' and inserting ``State and the
public''; and
(B) by inserting before the period the following: ``and
recommendations to improve the child protection services
system at the State and local levels. Not later than 6 months
after the date on which a report is submitted by the panel to
the State, the appropriate State agency shall submit a
written response to the citizen review panel that describes
whether or how the State will incorporate the recommendations
of such panel (where appropriate) to make measurable progress
in improving the State and local child protective system''.
(d) Annual State Data Reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended by adding at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required
by subsection (c)(6).
``(14) The number of children under the care of the State
child protection system who are transferred into the custody
of the State juvenile justice system.''.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to Congress a report that
describes the extent to which States are implementing the
policies and procedures required under section
106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment
Act.
SEC. 115. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
Section 108 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106d) is amended by adding at the end the
following:
``(d) GAO Study.--Not later than February 1, 2004, the
Comptroller General of the United States shall conduct a
survey of a wide range of State and local child protection
service systems to evaluate and submit to Congress a report
concerning--
``(1) the current training (including cross-training in
domestic violence or substance abuse) of child protective
service workers in the outcomes for children and to analyze
and evaluate the effects of caseloads, compensation, and
supervision on staff retention and performance;
``(2) the efficiencies and effectiveness of agencies that
provide cross-training with court personnel; and
``(3) recommendations to strengthen child protective
service effectiveness to improve outcomes for children.
``(e) Sense of Congress.--It is the sense of Congress that
the Secretary should encourage all States and public and
private agencies or organizations that receive assistance
under this title to ensure that children and families with
limited English proficiency who participate in programs under
this title are provided materials and services under such
programs in an appropriate language other than English.
``(f) Annual Report on Certain Programs.--A State that
receives funds under section 106(a) shall annually prepare
and submit to the Secretary a report describing the manner in
which funds provided under this Act, alone or in combination
with other Federal funds, were used to address the purposes
and achieve the objectives of section 105(a)(4)(B).''.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is
amended to read as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2008.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5106h(a)(2)(B)) is amended--
(1) by striking ``Secretary make'' and inserting
``Secretary shall make''; and
(2) by striking ``section 106'' and inserting ``section
104''.
SEC. 117. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106f) is amended by adding at the end the
following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample of the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report that contains the results of the study
conducted under paragraph (1).''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
SEC. 121. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is
amended to read as follows:
[[Page H2368]]
``(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to network,
initiatives aimed at the prevention of child abuse and
neglect, and to support networks of coordinated resources and
activities to better strengthen and support families to
reduce the likelihood of child abuse and neglect; and''.
(b) Authority.--Section 201(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by striking
``Statewide'' and all that follows through the dash, and
inserting ``community-based and prevention-focused programs
and activities designed to strengthen and support families to
prevent child abuse and neglect (through networks where
appropriate) that are accessible, effective, culturally
appropriate, and build upon existing strengths-that--'';
(B) in subparagraph (F), by striking ``and'' at the end;
and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and ethnic
minorities, and members of other underrepresented or
underserved groups; and
``(H) provide referrals to early health and developmental
services;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds'' after
``maximizing funding'';
(B) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(C) by striking ``family resource and support program'' and
inserting ``programs and activities designed to strengthen
and support families to prevent child abuse and neglect
(through networks where appropriate)''.
(c) Technical Amendment to Title Heading.--Title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is
amended by striking the heading for such title and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 122. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``a Statewide network of community-based,
prevention-focused'' and inserting ``community-based and
prevention-focused''; and
(ii) by striking ``family resource and support programs''
and all that follows through the semicolon and inserting
``programs and activities designed to strengthen and support
families to prevent child abuse and neglect (through networks
where appropriate);''
(B) in subparagraph (B), by inserting ``that exists to
strengthen and support families to prevent child abuse and
neglect'' after ``written authority of the State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs'' and
inserting ``community-based and prevention-focused programs
and activities designed to strengthen and support families to
prevent child abuse and neglect (through networks where
appropriate)'';
(B) in subparagraph (B)--
(i) by striking ``to the network''; and
(ii) by inserting ``, and parents with disabilities''
before the semicolon;
(C) in subparagraph (C), by striking ``to the network'';
and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect (through networks where appropriate)'';
(B) in subparagraph (B), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect (through networks where appropriate)'';
(C) in subparagraph (C), by striking ``and training and
technical assistance, to the Statewide network of community-
based, prevention-focused, family resource and support
programs'' and inserting ``training, technical assistance,
and evaluation assistance, to community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect (through
networks where appropriate)''; and
(D) in subparagraph (D), by inserting
``, parents with disabilities,'' after ``children with
disabilities''.
SEC. 123. AMOUNT OF GRANT.
Section 203 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116b) is amended--
(1) in subsection (b)(1)(B)--
(A) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated'';
(B) by striking ``State lead agency'' and inserting ``State
lead entity''; and
(C) by striking ``the lead agency'' and inserting ``the
current lead entity''; and
(2) in subsection (c)(2), by striking ``subsection (a)''
and inserting ``subsection (b)''.
SEC. 124. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5115c) is repealed.
SEC. 125. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect (through networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based, prevention-
focused, family resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect (through networks where
appropriate)''; and
(B) by striking ``, including those funded by programs
consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:
``(3) a description of the inventory of current unmet needs
and current community-based and prevention-focused programs
and activities to prevent child abuse and neglect, and other
family resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``start up, maintenance,
expansion, and redesign of community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect'';
(6) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support
families to prevent child abuse and neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support
families to prevent child abuse and neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting
``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).
SEC. 126. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``prevention-focused, family resource and support programs''
and inserting ``and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect'';
(2) in paragraph (3)(B), by inserting ``voluntary home
visiting and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect in the development, operation and expansion of
networks where appropriate.''.
SEC. 127. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4),
(A) by inserting ``and parents with disabilities,'' after
``children with disabilities,''; and
[[Page H2369]]
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this title'' and
inserting ``evaluation of community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect, and in
the design, operation and evaluation of the networks of such
community-based and prevention-focused programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support
families to prevent child abuse and neglect''.
SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116g(3)) is amended by striking ``Statewide
networks of community-based, prevention-focused, family
resource and support programs'' and inserting ``community-
based and prevention-focused programs and activities designed
to strengthen and support families to prevent child abuse and
neglect''.
SEC. 129. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1))
is amended by striking ``given such term in section
602(a)(2)'' and inserting ``given the term `child with a
disability' in section 602(3) or `infant or toddler with a
disability' in section 632(5)''.
(b) Community-Based and Prevention-Focused Programs and
Activities to Prevent Child Abuse and Neglect.--Section 209
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5116h) is amended by striking paragraphs (3) and (4) and
inserting the following:
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect' includes organizations such
as family resource programs, family support programs,
voluntary home visiting programs, respite care programs,
parenting education, mutual support programs, and other
community programs or networks of such programs that provide
activities that are designed to prevent or respond to child
abuse and neglect.''.
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the fiscal years 2005 through
2008.''.
Subtitle C--Conforming Amendments
SEC. 141. CONFORMING AMENDMENTS.
The table of contents of the Child Abuse Prevention and
Treatment Act, as contained in section 1(b) of such Act (42
U.S.C. 5101 note), is amended as follows:
(1) By striking the item relating to section 105 and
inserting the following:
``Sec. 105. Grants to States and public or private agencies and
organizations.''.
(2) By striking the item relating to title II and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
(3) By striking the item relating to section 204.
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and inserting
the following:
``(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our Nation's
foster care population included more than 565,000 as of
September of 2001;
``(2) children entering foster care have complex problems
that require intensive services, with many such children
having special needs because they are born to mothers who did
not receive prenatal care, are born with life threatening
conditions or disabilities, are born addicted to alcohol or
other drugs, or have been exposed to infection with the
etiologic agent for the human immunodeficiency virus;
``(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (8) respectively;
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting ``,
including geographic barriers,'' after ``barriers''; and
(B) in paragraph (2), by striking ``a national'' and
inserting ``an Internet-based national''.
SEC. 202. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and
inserting the following:
``(a) In General.--The Secretary'';
(3) in subsection (b)--
(A) by inserting ``Required Activities.--'' after ``(b)'';
(B) in paragraph (1), by striking ``nonprofit'' each place
that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the nature,
scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place that such
appears; and
(ii) by striking the period at the end and inserting ``;
and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private
licensed child welfare or adoption agencies) for the
implementation of programs that are intended to increase the
number of older children (who are in foster care and with the
goal of adoption) placed in adoptive families, with a special
emphasis on child-specific recruitment strategies,
including--
``(A) outreach, public education, or media campaigns to
inform the public of the needs and numbers of older youth
available for adoption;
``(B) training of personnel in the special needs of older
youth and the successful strategies of child-focused, child-
specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and inserting the
following:
``(c) Services for Families Adopting Special Needs
Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by realigning the margins of subparagraphs (A) through
(G) accordingly;
(ii) in subparagraph (F), by striking ``and'' at the end;
(iii) in subparagraph (G), by striking the period and
inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and inserting the
following:
``(d) Improving Placement Rate of Children in Foster
Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting the
following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting the
following:
``(B) Technical and other assistance.--The Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses (i) and (ii)
accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''; and
(6) by adding at the end the following:
``(e) Elimination of Barriers to Adoptions Across
Jurisdictional Boundaries.--
``(1) In general.--The Secretary shall award grants to, or
enter into contracts with, States, local government entities,
public or private child welfare or adoption agencies,
adoption exchanges, or adoption family groups to carry out
initiatives to improve efforts to eliminate barriers to
placing children for adoption across jurisdictional
boundaries.
``(2) Services to supplement not supplant.--Services
provided under grants
[[Page H2370]]
made under this subsection shall supplement, not supplant,
services provided using any other funds made available for
the same general purposes including--
``(A) developing a uniform homestudy standard and protocol
for acceptance of homestudies between States and
jurisdictions;
``(B) developing models of financing cross-jurisdictional
placements;
``(C) expanding the capacity of all adoption exchanges to
serve increasing numbers of children;
``(D) developing training materials and training social
workers on preparing and moving children across State lines;
and
``(E) developing and supporting initiative models for
networking among agencies, adoption exchanges, and parent
support groups across jurisdictional boundaries.''.
SEC. 203. STUDY OF ADOPTION PLACEMENTS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The'';
(2) by striking ``of this Act'' and inserting ``of the
Keeping Children and Families Safe Act of 2003'';
(3) by striking ``to determine the nature'' and inserting
``to determine--
``(1) the nature'';
(4) by striking ``which are not licensed'' and all that
follows through ``entity'';''; and
(5) by adding at the end the following:
``(2) how interstate placements are being financed across
State lines;
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.
SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by
adding at the end the following:
``(b) Dynamics of Successful Adoption.--The Secretary shall
conduct research (directly or by grant to, or contract with,
public or private nonprofit research agencies or
organizations) about adoption outcomes and the factors
affecting those outcomes. The Secretary shall submit a report
containing the results of such research to the appropriate
committees of the Congress not later than the date that is 36
months after the date of the enactment of the Keeping
Children and Families Safe Act of 2003.
``(c) Interjurisdictional Adoption.--Not later than 1 year
after the date of the enactment of the Keeping Children and
Families Safe Act of 2003, the Secretary, in consultation
with the Comptroller General, shall submit to the appropriate
committees of the Congress a report that contains
recommendations for an action plan to facilitate the
interjurisdictional adoption of foster children.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is
amended to read as follows:
``There are authorized to be appropriated $40,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008 to carry out programs and activities
authorized under this subtitle.''.
TITLE III--ABANDONED INFANTS ASSISTANCE
SEC. 301. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number of
factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and inserting
``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working
with infants and young children with life-threatening
conditions and other special needs, including those who are
infected with the human immunodeficiency virus (commonly
known as `HIV'), those who have acquired immune deficiency
syndrome (commonly known as `AIDS'), and those who have been
exposed to dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8)--
(A) by striking ``such infants and young children'' and
inserting ``infants and young children who are abandoned in
hospitals''; and
(B) by inserting ``by parents abusing drugs,'' after
``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive
services'' and all that follows through the semicolon at the
end and inserting ``comprehensive support services for such
infants and young children and their families and services to
prevent the abandonment of such infants and young children,
including foster care services, case management services,
family support services, respite and crisis intervention
services, counseling services, and group residential home
services;'';
(7) by striking paragraph (11);
(8) by redesignating paragraphs (2), (3), (4), (5), (8),
(9), and (10) as paragraphs (1) through (7), respectively;
and
(9) by adding at the end the following:
``(8) private, Federal, State, and local resources should
be coordinated to establish and maintain services described
in paragraph (7) and to ensure the optimal use of all such
resources.''.
SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS.
Section 101 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Priority in Provision of Services.--The Secretary may
not make a grant under subsection (a) unless the applicant
for the grant agrees to give priority to abandoned infants
and young children who--
``(1) are infected with, or have been perinatally exposed
to, the human immunodeficiency virus, or have a life-
threatening illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall,
directly or through contracts with public and nonprofit
private entities, provide for evaluations of projects carried
out under section 101 and for the dissemination of
information developed as a result of such projects.
``(b) Study and Report on Number of Abandoned Infants and
Young Children.--
``(1) In general.--The Secretary shall conduct a study for
the purpose of determining--
``(A) an estimate of the annual number of infants and young
children relinquished, abandoned, or found deceased in the
United States and the number of such infants and young
children who are infants and young children described in
section 101(b);
``(B) an estimate of the annual number of infants and young
children who are victims of homicide;
``(C) characteristics and demographics of parents who have
abandoned an infant within 1 year of the infant's birth; and
``(D) an estimate of the annual costs incurred by the
Federal Government and by State and local governments in
providing housing and care for abandoned infants and young
children.
``(2) Deadline.--Not later than 36 months after the date of
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall complete the study required under
paragraph (1) and submit to Congress a report describing the
findings made as a result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report
on effective methods of intervening before the abandonment of
an infant or young child so as to prevent such abandonments,
and effective methods for responding to the needs of
abandoned infants and young children.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 104 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
Act, there are authorized to be appropriated $45,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 102(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``Authorization.--'' after ``(1)'' the
first place it appears; and
(ii) by striking ``this title'' and inserting ``this Act'';
and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after ``(2)''; and
(ii) by striking ``fiscal year 1991.'' and inserting
``fiscal year 2003.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) Redesignation.--The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note) is amended--
(1) by redesignating section 104 as section 302; and
(2) by moving that section 302 to the end of that Act.
SEC. 305. DEFINITIONS.
(a) In General.--Section 301 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 670 note) is amended to
read as follows:
``SEC. 301. DEFINITIONS.
``In this Act:
``(1) Abandoned; abandonment.--The terms `abandoned' and
`abandonment', used with respect to infants and young
children, mean that the infants and young children are
medically cleared for discharge from acute-care hospital
settings, but remain hospitalized because of a lack of
appropriate out-of-hospital placement alternatives.
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``(2) Acquired immune deficiency syndrome.--The term
`acquired immune deficiency syndrome' includes infection with
the etiologic agent for such syndrome, any condition
indicating that an individual is infected with such etiologic
agent, and any condition arising from such etiologic agent.
``(3) Dangerous drug.--The term `dangerous drug' means a
controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
``(4) Natural family.--The term `natural family' shall be
broadly interpreted to include natural parents, grandparents,
family members, guardians, children residing in the
household, and individuals residing in the household on a
continuing basis who are in a care-giving situation, with
respect to infants and young children covered under this Act.
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.''.
(b) Repeal.--Section 103 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 670 note) is repealed.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 401. STATE DEMONSTRATION GRANTS.
(a) Underserved Populations.--Section 303(a)(2)(C) of the
Family Violence Prevention and Services Act (42 U.S.C.
10402(a)(2)(C)) is amended by striking ``underserved
populations,'' and all that follows and inserting the
following: ``underserved populations, as defined in section
2007 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of such Act (42 U.S.C.
10402(a)) is amended by adding at the end the following:
``(5) Upon completion of the activities funded by a grant
under this title, the State shall submit to the Secretary a
report that contains a description of the activities carried
out under paragraph (2)(B)(i).''.
(c) Children Who Witness Domestic Violence.--Section 303 of
such Act (42 U.S.C. 10402) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) For a fiscal year described in section 310(a)(2), the
Secretary shall use funds made available under that section
to make grants, on a competitive basis, to eligible entities
for projects designed to address the needs of children who
witness domestic violence, to--
``(1) provide direct services for children who witness
domestic violence;
``(2) provide for training for and collaboration among
child welfare agencies, domestic violence victim service
providers, courts, law enforcement, and other entities; and
``(3) provide for multisystem interventions for children
who witness domestic violence.''.
SEC. 402. SECRETARIAL RESPONSIBILITIES.
Section 305(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
SEC. 403. EVALUATION.
Section 306 of the Family Violence Prevention and Services
Act (42 U.S.C. 10405) is amended in the first sentence by
striking ``Not later than two years after the date on which
funds are obligated under section 303(a) for the first time
after the date of the enactment of this title, and every two
years thereafter,'' and inserting ``Every 2 years,''.
SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407) is amended by striking subsection (g).
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 310(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10409(a)) is
amended to read as follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to carry out sections 303 through 311,
$175,000,000 for each of fiscal years 2004 through 2008.
``(2) Projects to address needs of children who witness
domestic violence.--For a fiscal year in which the amounts
appropriated under paragraph (1) exceed $150,000,000, the
Secretary shall reserve and make available 50 percent of the
excess to carry out section 303(c).''.
(b) Allocations for Other Programs.--Subsections (b), (c),
and (d) of section 310 of such Act (42 U.S.C. 10409) are
amended by inserting ``(and not reserved under subsection
(a)(2))'' after ``each fiscal year''.
(c) Grants for State Domestic Violence Coalitions.--Section
311(g) of such Act (42 U.S.C. 10410(g)) is amended to read as
follows:
``(g) Funding.--Of the amount appropriated under section
310(a) for a fiscal year (and not reserved under section
310(a)(2)), not less than 10 percent of such amount shall be
made available to award grants under this section.''.
SEC. 406. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
Section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410) is amended by striking subsection (h).
SEC. 407. EVALUATION AND MONITORING.
Section 312 of the Family Violence Prevention and Services
Act (42 U.S.C. 10412) is amended by adding at the end the
following:
``(c) Of the amount appropriated under section 310(a) for
each fiscal year (and not reserved under section 310(a)(2)),
not more than 2.5 percent shall be used by the Secretary for
evaluation, monitoring, and other administrative costs under
this title.''.
SEC. 408. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION
PROJECT.
Section 313 of the Family Violence Prevention and Services
Act (42 U.S.C. 10413) is repealed.
SEC. 409. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services
Act (42 U.S.C. 10415) is repealed.
SEC. 410. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence
Prevention and Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of
a grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the Secretary a
report that evaluates the effectiveness of the use of amounts
received under the grant for the period described in
paragraph (1) and contains any other information the
Secretary may prescribe; and
``(B) the report and other appropriate criteria indicate
that the entity is successfully operating the hotline in
accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f) of
such Act (42 U.S.C. 10416(f)) is repealed.
SEC. 411. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services
Act (42 U.S.C. 10417) is repealed.
SEC. 412. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.
The Family Violence Prevention and Services Act is amended
by inserting after section 316 (42 U.S.C. 10416) the
following:
``SEC. 317. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.
``(a) In General.--For a year in which the Secretary makes
an amount available under subsection (g)(2), the Secretary
shall award a grant to a nonprofit organization to establish
and operate a highly secure Internet website (referred to in
this section as the `website') that shall--
``(1) link, to the greatest extent possible, entities
consisting of the entity providing the national domestic
violence hotline, participating domestic violence shelters in
the United States, State and local domestic violence
agencies, and other domestic violence organization, so that
such entities will be able to connect a victim of domestic
violence to the most safe, appropriate, and convenient
domestic violence shelter; and
``(2) contain, to the maximum extent practicable,
continuously updated information concerning the availability
of services and space in domestic violence shelters across
the United States.
``(b) Eligible Entities.--To be eligible to receive a grant
under this section, a nonprofit organization shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
The application shall--
``(1) demonstrate the experience of the applicant in
successfully developing and managing a technology-based
network of domestic violence shelters;
``(2) demonstrate a record of success of the applicant in
meeting the needs of domestic violence victims and their
families; and
``(3) include a certification that the applicant will--
``(A) implement a high level security system to ensure the
confidentiality of the website;
``(B) establish, within 5 years, a website that links the
entities described in subsection (a)(1);
``(C) consult with the entities described in subsection
(a)(1) in developing and implementing the website and
providing Internet connections; and
``(D) otherwise comply with the requirements of this
section.
``(c) Use of Grant Award.--The recipient of a grant award
under this section shall--
``(1) collaborate with officials of the Department of
Health and Human Services in a manner determined to be
appropriate by the Secretary;
``(2) collaborate with the entity providing the national
domestic violence hotline in developing and implementing the
network;
``(3) ensure that the website is continuously updated and
highly secure;
``(4) ensure that the website provides information
describing the services of each domestic violence shelter to
which the website is linked, including information for
individuals with limited English proficiency and information
concerning access to medical care, social services,
transportation, services for children, and other relevant
services;
``(5) ensure that the website provides up-to-the-minute
information on available bed space in domestic violence
shelters across the United States, to the maximum extent
practicable;
``(6) provide training to the staff of the hotline and to
staff of the other entities described in subsection (a)(1)
regarding how to
[[Page H2372]]
use the website to best meet the needs of callers;
``(7) provide Internet access, and hardware in necessary
cases, to domestic violence shelters in the United States
that do not have the appropriate technology for such access,
to the maximum extent practicable; and
``(8) ensure that after the third year of the website
project, the recipient will develop a plan to expand the
sources of funding for the website to include funding from
public and private entities, although nothing in this
paragraph shall preclude a grant recipient under this section
from raising funds from other sources at any time during the
5-year grant period.
``(d) Rule of Construction.--Nothing in this Act shall be
construed to require any shelter or service provider, whether
public or private, to be linked to the website or to provide
information to the recipient of the grant award or to the
website.
``(e) Duration of Grant.--The term of a grant awarded under
this section shall be 5 years.
``(f) Technical Assistance and Oversight.--The Secretary
shall--
``(1) provide technical assistance, if requested, on
developing and managing the website; and
``(2) have access to, and monitor, the website.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out section 316 and this section, $5,000,000 for
fiscal year 2004 and such sums as may be necessary for each
of fiscal years 2005 through 2008.
``(2) Conditions on appropriations.--Notwithstanding
paragraph (1), the Secretary shall make available a portion
of the amounts appropriated under paragraph (1) to carry out
this section only for any fiscal year for which the amounts
appropriated under paragraph (1) exceed $3,000,000.
``(3) Administrative costs.--Of the amount made available
to carry out this section for a fiscal year the Secretary may
not use more than 2 percent for administrative costs
associated with the grant program carried out under this
section, of which not more than 5 percent shall be used to
assist the entity providing the national domestic violence
hotline to participate in the establishment of the website.
``(4) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.''.
SEC. 413. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence
Prevention and Services Act (42 U.S.C. 10418(h)) is amended
to read as follows:
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $6,000,000 for
each of fiscal years 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418)
is amended by striking subsection (i).
SEC. 414. TRANSITIONAL HOUSING ASSISTANCE.
Section 319(f) of the Family Violence Prevention and
Services Act (42 U.S.C. 10419(f)) is amended by striking
``fiscal year 2001'' and inserting ``each of fiscal years
2004 through 2008''.
SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended--
(1) in section 302(1) (42 U.S.C. 10401(1)) by striking
``demonstrate the effectiveness of assisting'' and inserting
``assist'';
(2) in section 303(a) (42 U.S.C. 10402(a))--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State domestic
violence coalitions knowledgeable individuals and interested
organizations'' and inserting ``State domestic violence
coalitions, knowledgeable individuals, and interested
organizations''; and
(ii) in subparagraph (F), by adding ``and'' at the end; and
(B) by aligning the margins of paragraph (4) with the
margins of paragraph (3);
(3) in section 303(g) (as so redesignated)--
(A) in the first sentence, by striking ``309(4)'' and
inserting ``320''; and
(B) in the second sentence, by striking ``309(5)(A)'' and
inserting ``320(5)(A)'';
(4) in section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) by
striking ``provide for research, and into'' and inserting
``provide for research into'';
(5) by redesignating section 309 as section 320 and moving
that section to the end of the Act; and
(6) in section 311(a) (42 U.S.C. 10410(a))--
(A) in paragraph (2)(K), by striking ``other criminal
justice professionals,;'' and inserting ``other criminal
justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``family law judges,,'' and inserting ``family law judges,'';
(ii) in subparagraph (D), by inserting ``, criminal court
judges,'' after ``family law judges''; and
(iii) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their children''
and inserting ``supervised visitations or denial of
visitation to protect against danger to victims or their
children''.
(For text of Senate bill, as amended, see prior proceedings of the
House of today.)
The Senate bill, as so amended, was passed.
A motion to reconsider was laid on the table.
A similar House bill (H.R. 14) was laid on the table.
____________________