[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[House]
[Pages H8114-H8131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CAPTA REAUTHORIZATION ACT OF 2010
Mr. SABLAN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 3817) to amend the Child Abuse Prevention and Treatment
Act, the Family Violence Prevention and Services Act, the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978, and the
Abandoned Infants Assistance Act of 1988 to reauthorize the Acts, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the amendment is as follows:
Amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CAPTA Reauthorization Act of
2010''.
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) by striking paragraph (1) and inserting the following:
``(1) in fiscal year 2008, approximately 772,000 children
were found by States to be victims of child abuse and
neglect;'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and close to \1/3\
of all child maltreatment-related fatalities in fiscal year
2008 were attributed to neglect alone'' after
``maltreatment''; and
(B) in subparagraph (B)--
(i) by striking ``60 percent'' and inserting ``71
percent'';
(ii) by striking ``2001'' and inserting ``fiscal year
2008'';
(iii) by striking ``19 percent'' and inserting ``16
percent'';
(iv) by striking ``10 percent'' and inserting ``9
percent''; and
(v) by striking ``and 7 percent suffered emotional
maltreatment'' and inserting ``, 7 percent suffered
psychological maltreatment, 2 percent experienced medical
neglect, and 9 percent were victims of other forms of
maltreatment'';
[[Page H8115]]
(3) in paragraph (3)--
(A) in subparagraph (A) by inserting ``or neglect'' after
``abuse'';
(B) in subparagraph (B), by striking ``2001, an estimated
1,300'' and inserting ``fiscal year 2008, an estimated
1,740''; and
(C) in subparagraph (C)--
(i) by inserting ``in fiscal year 2008,'' after ``(C)'';
(ii) by striking ``41 percent'' and inserting ``45
percent'';
(iii) by striking ``85 percent'' and inserting ``72
percent'';
(iv) by striking ``6 years'' and inserting ``4 years''; and
(v) by striking ``abuse'' each place it appears and
inserting ``maltreatment'';
(4) in paragraph (4)(B), by striking ``slightly'' and all
that follows and inserting ``approximately 37 percent of
victims of child abuse did not receive post-investigation
services in fiscal year 2008;'';
(5) by redesignating paragraphs (5) through (13) as
paragraphs (6) through (11) and (13) through (15),
respectively;
(6) by inserting after paragraph (4) of this section the
following:
``(5) African-American children, American Indian children,
Alaska Native children, and children of multiple races and
ethnicities experience the highest rates of child abuse or
neglect;'';
(7) in paragraph (6), as redesignated by paragraph (5) of
this section--
(A) in subparagraph (A), by inserting ``domestic violence
services,'' after ``mental health,''; and
(B) by amending subparagraph (E) to read as follows:
``(E) recognizes the diversity of ethnic, cultural, and
religious beliefs and traditions that may impact child
rearing patterns, while not allowing the differences in those
beliefs and traditions to enable abuse or neglect;'';
(8) by inserting after paragraph (11), as redesignated by
paragraph (5) of this section, the following:
``(12) because both child maltreatment and domestic
violence occur in up to 60 percent of the families in which
either is present, States and communities should adopt
assessments and intervention procedures aimed at enhancing
the safety both of children and victims of domestic
violence;'';
(9) in paragraphs (14) and (15), as redesignated by
paragraph (5) of this section, by striking ``Federal
government'' and inserting ``Federal Government''; and
(10) in paragraph (14), as redesignated by paragraph (5) of
this section, by inserting ``and'' at the end.
Subtitle A--General Program
SEC. 111. ADVISORY BOARD.
Section 102 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5102) is amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``medicine (including
pediatrics)'' and inserting ``health care providers
(including pediatricians)'';
(B) in paragraph (12), by striking ``and'';
(C) in paragraph (13), by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(14) Indian tribes or tribal organizations.''; and
(2) in subsection (f)--
(A) in paragraph (1), by inserting ``tribal,'' after
``State,'' each place such term appears; and
(B) in paragraph (2)--
(i) by striking ``abuse or neglect which'' and inserting
``child abuse or neglect which''; and
(ii) by striking ``Federal and State'' and inserting
``Federal, State, and tribal''.
SEC. 112. NATIONAL CLEARINGHOUSE.
Section 103 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5104) is amended--
(1) in subsection (a), by inserting ``and neglect'' before
the period;
(2) in subsection (b)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (4) through (7), respectively;
(B) by striking paragraph (1) and inserting the following:
``(1) maintain, coordinate, and disseminate information on
effective programs, including private and community-based
programs, that have demonstrated success with respect to the
prevention, assessment, identification, and treatment of
child abuse or neglect and hold the potential for broad-scale
implementation and replication;
``(2) maintain, coordinate, and disseminate information on
the medical diagnosis and treatment of child abuse and
neglect;
``(3) maintain and disseminate information on best
practices relating to differential response;'';
(C) in paragraph (4), as redesignated by subparagraph (A)
of this paragraph, by inserting ``and disseminate'' after
``maintain'';
(D) in paragraph (5), as redesignated by subparagraph (A)
of this paragraph--
(i) in subparagraph (B), by inserting ``(42 U.S.C. 5105
note)'' before the semicolon; and
(ii) in subparagraph (C), by striking ``alcohol or drug''
and inserting ``substance'';
(E) in subparagraph (C) of paragraph (6), as redesignated
by subparagraph (A) of this paragraph, by striking ``and'' at
the end;
(F) in subparagraph (B) of paragraph (7), as redesignated
by subparagraph (A) of this paragraph, by striking ``and
child welfare personnel.'' and inserting ``child welfare,
substance abuse treatment services, and domestic violence
services personnel; and''; and
(G) by adding at the end the following:
``(8) collect and disseminate information, in conjunction
with the National Resource Centers authorized in section
310(b) of the Family Violence Prevention and Services Act, on
effective programs and best practices for developing and
carrying out collaboration between entities providing child
protective services and entities providing domestic violence
services.''; and
(3) in subsection (c)(1)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) consult with the head of each agency involved with
child abuse and neglect on the development of the components
for information collection and management of such
clearinghouse and on the mechanisms for the sharing of such
information with other Federal agencies and
clearinghouses;'';
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by inserting
``tribal,'' after ``State,'';
(ii) in clause (i), by striking ``and'' at the end; and
(iii) by adding at the end the following:
``(iii) information about the incidence and characteristics
of child abuse and neglect in circumstances in which domestic
violence is present; and
``(iv) information about the incidence and characteristics
of child abuse and neglect in cases related to substance
abuse;''; and
(C) in subparagraph (F), by striking ``abused or neglected
children'' and inserting ``victims of child abuse or
neglect''.
SEC. 113. RESEARCH AND ASSISTANCE ACTIVITIES.
(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), by striking
``from abuse or neglect and to improve the well-being of
abused or neglected children'' and inserting ``from child
abuse or neglect and to improve the well-being of victims of
child abuse or neglect'';
(B) in subparagraph (B), by striking ``abuse and neglect
on'' and inserting ``child abuse and neglect on'';
(C) by redesignating subparagraphs (C), (D), (E), (F), (G),
(H), and (I), as subparagraphs (D), (E), (F), (H), (J), (N),
and (O), respectively;
(D) by inserting after subparagraph (B) the following:
``(C) effective approaches to improving the relationship
and attachment of infants and toddlers who experience child
abuse or neglect with their parents or primary caregivers in
circumstances where reunification is appropriate;'';
(E) in subparagraph (D), as redesignated by subparagraph
(C) of this paragraph, by inserting ``and neglect'' before
the semicolon;
(F) in subparagraph (E), as redesignated by subparagraph
(C) of this paragraph--
(i) by inserting ``, including best practices to meet the
needs of special populations,'' after ``best practices''; and
(ii) by striking ``(12)'' and inserting ``(14)'';
(G) by inserting after subparagraph (F), as redesignated by
subparagraph (C) of this paragraph, the following:
``(G) effective practices and programs to improve
activities such as identification, screening, medical
diagnosis, forensic diagnosis, health evaluations, and
services, including activities that promote collaboration
between--
``(i) the child protective service system; and
``(ii)(I) the medical community, including providers of
mental health and developmental disability services; and
``(II) providers of early childhood intervention services
and special education for children who have been victims of
child abuse or neglect;'';
(H) by inserting after subparagraph (H), as redesignated by
subparagraph (C) of this paragraph, the following:
``(I) effective collaborations, between the child
protective system and domestic violence service providers,
that provide for the safety of children exposed to domestic
violence and their nonabusing parents and that improve the
investigations, interventions, delivery of services, and
treatments provided for such children and families;'';
(I) in subparagraph (J), as redesignated by subparagraph
(C) of this paragraph, by striking ``low income'' and
inserting ``low-income'';
(J) by inserting after subparagraph (J), as redesignated by
subparagraph (C) of this paragraph, the following:
``(K) the impact of child abuse and neglect on the
incidence and progression of disabilities;
``(L) the nature and scope of effective practices relating
to differential response, including an analysis of best
practices conducted by the States;
``(M) child abuse and neglect issues facing Indians, Alaska
Natives, and Native Hawaiians, including providing
recommendations for improving the collection of child abuse
and neglect data from Indian tribes and Native Hawaiian
communities;'';
(K) in subparagraph (N), as redesignated by subparagraph
(C) of this paragraph, by striking ``clauses (i) through (xi)
of subparagraph (H)'' and inserting ``clauses (i) through (x)
of subparagraph (O)''; and
(L) in subparagraph (O), as redesignated by subparagraph
(C) of this paragraph--
(i) in clauses (i) and (ii), by inserting ``and neglect''
after ``abuse'';
(ii) in clause (v), by striking ``child abuse have'' and
inserting ``child abuse and neglect have'';
(iii) by striking ``and'' at the end of clause (ix);
(iv) by redesignating clause (x) as clause (xi);
(v) by inserting after clause (ix), the following:
``(x) the extent to which reports of suspected or known
instances of child abuse or neglect involving a potential
combination of jurisdictions, such as intrastate, interstate,
Federal-State, and State-Tribal, are being screened out
solely on the basis of the cross-jurisdictional
complications; and''; and
(vi) in clause (xi), as redesignated by clause (iv), by
striking ``abuse'' and inserting ``child abuse and neglect'';
and
[[Page H8116]]
(2) in paragraph (2), by striking ``subparagraphs'' and all
that follows and inserting ``clauses (i) through (xi) of
paragraph (1)(O).'';
(3) in paragraph (3), by striking ``Keeping Children and
Families Safe Act of 2003'' and inserting ``CAPTA
Reauthorization Act of 2010'';
(4) in paragraph (4)--
(A) by striking ``(A) The'' and inserting the following:
``(A) In general.--The''; and
(B) in subparagraph (B)--
(i) by striking all that precedes ``later'' and inserting
the following:
``(B) Public comment.--Not'';
(ii) by striking ``than 2'' and inserting ``than 1''; and
(iii) by striking ``Keeping Children and Families Safe Act
of 2003'' and inserting ``CAPTA Reauthorization Act of
2010''; and
(5) by adding at the end the following:
``(4) Study on shaken baby syndrome.--The Secretary shall
conduct a study that--
``(A) identifies data collected on shaken baby syndrome;
``(B) determines the feasibility of collecting uniform,
accurate data from all States regarding--
``(i) incidence rates of shaken baby syndrome;
``(ii) characteristics of perpetrators of shaken baby
syndrome, including age, gender, relation to victim, access
to prevention materials and resources, and history of
substance abuse, domestic violence, and mental illness; and
``(iii) characteristics of victims of shaken baby syndrome,
including gender, date of birth, date of injury, date of
death (if applicable), and short- and long-term injuries
sustained.''.
(b) 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), by inserting ``and providers of
mental health, substance abuse treatment, and domestic
violence prevention services'' after ``disabilities''; and
(2) in paragraph (3)(B)--
(A) by striking ``and child welfare personnel'' and
inserting ``child welfare, substance abuse, and domestic
violence services personnel''; and
(B) by striking ``subjected to abuse.'' and inserting
``subjected to, or whom the personnel suspect have been
subjected to, child abuse or neglect.''.
(c) Peer Review for Grants and Contracts.--Section 104(d)
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(d)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--To enhance the quality and usefulness of
research in the field of child abuse and neglect, the
Secretary shall, in consultation with experts in the field
and other Federal agencies, establish a formal, rigorous, and
meritorious peer review process for purposes of evaluating
and reviewing applications for assistance through a grant or
contract under this section and determining the relative
merits of the project for which such assistance is
requested.''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Members.--In establishing the process required by
subparagraph (A), the Secretary shall only appoint to the
peer review panels members who--
``(i) are experts in the field of child abuse and neglect
or related disciplines, with appropriate expertise related to
the applications to be reviewed; and
``(ii) are not individuals who are officers or employees of
the Administration for Children and Families.
``(C) Meetings.--The peer review panels shall meet as often
as is necessary to facilitate the expeditious review of
applications for grants and contracts under this section, but
shall meet not less often than once a year.
``(D) Criteria and guidelines.--The Secretary shall ensure
that the peer review panel utilizes scientifically valid
review criteria and scoring guidelines in the review of the
applications for grants and contracts.''; and
(2) in paragraph (3)--
(A) by striking ``(A) The'' and inserting the following:
``(A) Meritorious projects.--The''; and
(B) in subparagraph (B), by striking all that precedes
``the instance'' and inserting the following:
``(B) Explanation.--In''.
(d) Demonstration Programs and Projects.--Section 104(e) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(e)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``States or'' and inserting ``entities that
are States, Indian tribes or tribal organizations, or''; and
(B) by striking ``such agencies or organizations'' and
inserting ``such entities'';
(2) in paragraph (1)(B), by striking ``safely facilitate
the'' and inserting ``facilitate the safe''; and
(3) in paragraph (2)--
(A) by inserting ``child care and early childhood education
and care providers,'' after ``in cooperation with''; and
(B) by striking ``preschool'' and inserting
``preschools,''.
SEC. 114. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL
ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES
AND ORGANIZATIONS.
Section 105 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106) is amended--
(1) in the heading, by striking ``STATES'' and
inserting ``STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS,''
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``States,'' and inserting ``entities that
are States, Indian tribes or tribal organizations, or''; and
(ii) by striking ``such agencies or organizations'' and
inserting ``such entities'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``this section'' and inserting ``this subsection'';
(ii) in subparagraph (A)--
(I) by inserting ``health care,'' before ``medicine,'';
(II) by inserting ``child care,'' after ``education,''; and
(III) by inserting ``and neglect'' before the semicolon;
(iii) in subparagraph (B), by inserting a comma after
``youth'';
(iv) in subparagraph (D)--
(I) by striking ``support the enhancement of linkages
between'' and inserting ``enhance linkages among'';
(II) by striking ``including physical'' and all that
follows through ``partnerships'' and inserting ``entities
providing physical and mental health services, community
resources, and developmental disability agencies, to improve
screening, forensic diagnosis, and health and developmental
evaluations, and for partnerships''; and
(III) by striking ``offer creative approaches to using''
and inserting ``support the coordinated use of'';
(v) by redesignating subparagraphs (E) through (J) as
subparagraphs (F), (G), and (I) through (L), respectively;
(vi) by inserting after subparagraph (D) the following:
``(E) for the training of personnel in best practices to
meet the unique needs of children with disabilities,
including promoting interagency collaboration;'';
(vii) by inserting after subparagraph (G), as redesignated
by clause (v) of this subparagraph, the following:
``(H) for the training of personnel in childhood
development including the unique needs of children under age
3;'';
(viii) in subparagraph (J), as redesignated by clause (v)
of this subparagraph, by striking ``and other public and
private welfare agencies'' and inserting ``other public and
private welfare agencies, and agencies that provide early
intervention services'';
(ix) in subparagraph (K), as redesignated by clause (v) of
this subparagraph, by striking ``and'' at the end;
(x) in subparagraph (L), as redesignated by clause (v) of
this subparagraph--
(I) by striking ``disabled infants'' each place it appears
and inserting ``infants or toddlers with disabilities''; and
(II) by striking the period and inserting ``; and''; and
(xi) by adding at the end the following:
``(M) for the training of personnel in best practices
relating to the provision of differential response.'';
(C) in paragraph (2)(C), by striking ``where'' and
inserting ``when'';
(D) in paragraph (3), by inserting ``, leadership,'' after
``mutual support'';
(E) in paragraph (4), by striking all that precedes
``Secretary'' and inserting the following:
``(4) Kinship care.--The'';
(F) in paragraph (4), by striking ``in not more than 10
States'';
(G) in paragraph (5)--
(i) in the paragraph heading--
(I) by striking ``between'' and inserting ``among''; and
(II) by striking ``and developmental disabilities'' and
inserting ``substance abuse, developmental disabilities, and
domestic violence service'';
(ii) by striking ``between'' and inserting ``among'';
(iii) by striking ``mental health'' and all that follows
through ``, for'' and inserting ``mental health, substance
abuse, developmental disabilities, and domestic violence
service agencies, and entities that carry out community-based
programs, for''; and
(iv) by striking ``help assure'' and inserting ``ensure'';
and
(H) by inserting after paragraph (5) the following:
``(6) Collaborations between child protective service
entities and domestic violence service entities.--The
Secretary may award grants to public or private agencies and
organizations under this section to develop or expand
effective collaborations between child protective service
entities and domestic violence service entities to improve
collaborative investigation and intervention procedures,
provision for the safety of the nonabusing parent involved
and children, and provision of services to children exposed
to domestic violence that also support the caregiving role of
the non-abusing parent.''; and
(3) in subsection (b)(4)--
(A) in subparagraph (A)(ii), by striking ``neglected or
abused'' and inserting ``victims of child abuse or neglect'';
(B) in subparagraphs (B)(ii) and (C)(iii), by striking
``abuse or neglect'' and inserting ``child abuse and
neglect'';
(C) in subparagraph (C)(iii), by striking ``been neglected
or abused'' and inserting ``been a victim of child abuse or
neglect''; and
(D) in subparagraph (D), by striking ``a'' after ``grantee
is'' and inserting ``an''.
SEC. 115. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Section Heading.--Section 106 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a) is amended by
striking the section heading and inserting the following:
``SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT
PREVENTION AND TREATMENT PROGRAMS.''.
(b) Development and Operation Grants.--Section 106(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106a(a)) is amended--
[[Page H8117]]
(1) in the matter preceding paragraph (1), by striking
``based on'' and all that follows through ``18 in'' and
inserting ``from allotments made under subsection (f) for'';
(2) in paragraph (1), by striking ``abuse and neglect'' and
inserting ``child abuse or neglect'';
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting ``, intra-agency,
interstate, and intrastate'' after ``interagency''; and
(B) in subparagraph (B)(i), by striking ``abuse and
neglect'' and inserting ``child abuse or neglect'';
(4) in paragraph (4), by inserting ``, including the use of
differential response'' after ``protocols'';
(5) in paragraph (6)--
(A) in subparagraph (A) by inserting ``, including the use
of differential response,'' after ``strategies'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking ``workers'' and all
that follows and inserting ``workers; and''; and
(D) by adding at the end the following:
``(D) training in early childhood, child, and adolescent
development;'';
(6) by striking paragraphs (8) and (9) and inserting the
following:
``(8) developing, facilitating the use of, and implementing
research-based strategies and training protocols for
individuals mandated to report child abuse and neglect;'';
(7) by redesignating paragraphs (10) through (14) as
paragraphs (9) through (13), respectively;
(8) in paragraph (9), as redesignated by paragraph (7) of
this subsection--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(D) the use of differential response in preventing child
abuse and neglect;'';
(9) in paragraph (10), as redesignated by paragraph (7) of
this subsection, by inserting ``, including the use of
differential response'' before the semicolon;
(10) in paragraph (12), as redesignated by paragraph (7) of
this subsection, by striking ``or'' at the end;
(11) in paragraph (13), as redesignated by paragraph (7) of
this subsection--
(A) by striking ``supporting and enhancing'' and all that
follows through ``community-based programs'' and inserting
``supporting and enhancing interagency collaboration among
public health agencies, agencies in the child protective
service system, and agencies carrying out private community-
based programs--'';
(B) by striking ``to provide'' and inserting the following:
``(A) to provide'';
(C) by striking ``systems) and'' and inserting ``systems),
and the use of differential response; and'';
(D) by striking ``to address'' and inserting the following:
``(B) to address'';
(E) by striking ``abused or neglected'' and inserting
``victims of child abuse or neglect;''and
(F) by striking the period at the end and inserting ``;
or''; and
(12) by adding at the end the following:
``(14) developing and implementing procedures for
collaboration among child protective services, domestic
violence services, and other agencies in--
``(A) investigations, interventions, and the delivery of
services and treatment provided to children and families,
including the use of differential response, where
appropriate; and
``(B) the provision of services that assist children
exposed to domestic violence, and that also support the
caregiving role of their nonabusing parents.''.
(c) Eligibility Requirements.--Section 106(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) State plan.--
``(A) In general.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary a State
plan that specifies the areas of the child protective
services system described in subsection (a) that the State
will address with amounts received under the grant.
``(B) Duration of plan.--Each State plan shall--
``(i) remain in effect for the duration of the State's
participation under this section; and
``(ii) be periodically reviewed and revised as necessary by
the State to reflect changes in the State's strategies and
programs under this section.
``(C) Additional information.--The State shall provide
notice to the Secretary--
``(i) of any substantive changes, including any change to
State law or regulations, relating to the prevention of child
abuse and neglect that may affect the eligibility of the
State under this section; and
``(ii) of any significant changes in how funds provided
under this section are used to support activities described
in this section, which may differ from the activities
described in the current State application.'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(B) by striking the matter preceding subparagraph (B), as
redesignated by subparagraph (A) of this paragraph, and
inserting the following:
``(2) Contents.--A State plan submitted under paragraph (1)
shall contain a description of the activities that the State
will carry out using amounts received under the grant to
achieve the objectives of this title, including--
``(A) an assurance that the State plan, to the maximum
extent practicable, is coordinated with the State plan under
part B of title IV of the Social Security Act (42 U.S.C. 621
et seq.) relating to child welfare services and family
preservation and family support services;'';
(C) in subparagraph (B), as redesignated by subparagraph
(A) of this paragraph--
(i) in the matter preceding clause (i)--
(I) by striking ``chief executive officer'' and inserting
``Governor''; and
(II) by striking ``Statewide'' and inserting ``statewide'';
(ii) by amending clause (i) to read as follows:
``(i) provisions or procedures for an individual to report
known and suspected instances of child abuse and neglect,
including a State law for mandatory reporting by individuals
required to report such instances;'';
(iii) in clause (ii)--
(I) in the matter preceding subclause (I)--
(aa) by inserting ``with'' after ``born''; and
(bb) by inserting ``or a Fetal Alcohol Spectrum Disorder,''
after ``drug exposure,''; and
(II) in subclause (I), by inserting ``or neglect'' before
the semicolon;
(iv) in clause (iii), by inserting ``, or a Fetal Alcohol
Spectrum Disorder'' before the semicolon;
(v) in clause (v), by inserting ``, including the use of
differential response,'' after ``procedures'';
(vi) in clause (vi)--
(I) by striking ``the abused or neglected child'' and
inserting ``a victim of child abuse or neglect''; and
(II) by striking ``abuse or neglect'' and inserting ``child
abuse or neglect'';
(vii) in clause (ix), by striking ``abuse and neglect'' and
inserting ``child abuse and neglect'';
(viii) in clause (xi), by striking ``or neglect'' and
inserting ``and neglect'';
(ix) in clause (xiii)--
(I) by striking ``an abused or neglected child'' and
inserting ``a victim of child abuse or neglect''; and
(II) by inserting ``including training in early childhood,
child, and adolescent development,'' after ``to the role,'';
(x) in clause (xv)(II), by striking ``abuse or neglect''
and inserting ``child abuse or neglect'';
(xi) in clause (xviii), by striking ``abuse and'' and
inserting ``abuse or'';
(xii) in clause (xvi)--
(I) in subclause (III), by striking ``; or'' and inserting
``;''; and
(II) by adding at the end the following:
``(V) to have committed sexual abuse against the surviving
child or another child of such parent; or
``(VI) to be required to register with a sex offender
registry under section 113(a) of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16913(a));'';
(xiii) in clause (xxi), by striking ``Act; and'' and
inserting ``Act (20 U.S.C. 1431 et seq.);'';
(xiv) in clause (xxii)--
(I) by striking ``not later'' through ``2003,'';
(II) by inserting ``that meet the requirements of section
471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20))'' after ``checks''; and
(III) by adding ``and'' at the end; and
(xv) by adding at the end the following:
``(xxiii) provisions for systems of technology that support
the State child protective service system described in
subsection (a) and track reports of child abuse and neglect
from intake through final disposition;'';
(D) in subparagraph (C), as redesignated by subparagraph
(A) of this paragraph--
(i) by striking ``disabled infants with'' each place it
appears and inserting ``infants with disabilities who have'';
and
(ii) in clause (iii), by striking ``life threatening'' and
inserting ``life-threatening'';
(E) in subparagraph (D), as redesignated by subparagraph
(A) of this paragraph--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking ``and'' at the end;
(iii) by adding at the end the following:
``(iv) policies and procedures encouraging the appropriate
involvement of families in decisionmaking pertaining to
children who experienced child abuse or neglect;
``(v) policies and procedures that promote and enhance
appropriate collaboration among child protective service
agencies, domestic violence service agencies, substance abuse
treatment agencies, and other agencies in investigations,
interventions, and the delivery of services and treatment
provided to children and families affected by child abuse or
neglect, including children exposed to domestic violence,
where appropriate; and
``(vi) policies and procedures regarding the use of
differential response, as applicable;'';
(F) in subparagraph (E), as redesignated by subparagraph
(A) of this paragraph--
(i) by inserting ``(42 U.S.C. 621 et seq.)'' after ``Act'';
and
(ii) by striking the period at the end and inserting a
semicolon;
(G) by inserting after subparagraph (E), as redesignated by
subparagraph (A) of this paragraph, the following:
``(F) an assurance or certification that programs and
training conducted under this title address the unique needs
of unaccompanied homeless youth, including access to
enrollment and support services and that such youth are
eligible for under parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et seq.) and meet
the requirements of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.); and
``(G) an assurance that the State, in developing the State
plan described in paragraph (1), has collaborated with
community-based prevention agencies and with families
affected by child abuse or neglect.''; and
(H) in the last sentence, by striking ``subparagraph (A)''
and inserting ``subparagraph (B)''; and
(3) in paragraph (3), by striking ``paragraph (2)(A)'' and
inserting ``paragraph (2)(B)''.
(d) Citizen Review Panels.--Section 106(c) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is
amended--
[[Page H8118]]
(1) in paragraph (2), by inserting before the period the
following: ``, and may include adult former victims of child
abuse or neglect''; and
(2) in paragraph (4)(A)(iii)(I), by inserting ``(42 U.S.C.
670 et seq.)'' before the semicolon.
(e) Annual State Data Reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended--
(1) in paragraph (1), by striking ``as abused or
neglected'' and inserting ``as victims of child abuse or
neglect'';
(2) in paragraph (4), by inserting ``, including use of
differential response,'' after ``services'';
(3) by striking paragraph (7) and inserting the following:
``(7)(A) The number of child protective service personnel
responsible for the--
``(i) intake of reports filed in the previous year;
``(ii) screening of such reports;
``(iii) assessment of such reports; and
``(iv) investigation of such reports.
``(B) The average caseload for the workers described in
subparagraph (A).'';
(4) in paragraph (9), by striking ``abuse or neglect'' and
inserting ``child abuse or neglect'';
(5) by striking paragraph (10) and inserting the following:
``(10) For child protective service personnel responsible
for intake, screening, assessment, and investigation of child
abuse and neglect reports in the State--
``(A) information on the education, qualifications, and
training requirements established by the State for child
protective service professionals, including for entry and
advancement in the profession, including advancement to
supervisory positions;
``(B) data on the education, qualifications, and training
of such personnel;
``(C) demographic information of the child protective
service personnel; and
``(D) information on caseload or workload requirements for
such personnel, including requirements for average number and
maximum number of cases per child protective service worker
and supervisor.'';
(6) in paragraph (11), by striking ``and neglect'' and
inserting ``or neglect''; and
(7) by adding at the end the following:
``(15) The number of children referred to a child
protective services system under subsection (b)(2)(B)(ii).
``(16) The number of children determined to be eligible for
referral, and the number of children referred, under
subsection (b)(2)(B)(xxi), to agencies providing early
intervention services under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.).''.
(f) Annual Report.--Section 106(e) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(e)) is amended
by inserting ``and neglect'' before the period.
(g) Formula.--Section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a) is amended by adding at the
end the following:
``(f) Allotments.--
``(1) Definitions.--In this subsection:
``(A) Fiscal year 2009 grant funds.--The term `fiscal year
2009 grant funds' means the amount appropriated under section
112 for fiscal year 2009, and not reserved under section
112(a)(2).
``(B) Grant funds.--The term `grant funds' means the amount
appropriated under section 112 for a fiscal year and not
reserved under section 112(a)(2).
``(C) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(D) Territory.--The term `territory' means Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(2) In general.--Except as otherwise provided in this
section, the Secretary shall make allotments to each State
and territory that applies for a grant under this section in
an amount equal to the sum of--
``(A) $50,000; and
``(B) an amount that bears the same relationship to any
grant funds remaining after all such States and territories
have received $50,000, as the number of children under the
age of 18 in the State or territory bears to the number of
such children in all States and territories that apply for
such a grant.
``(3) Allotments for decreased appropriation years.--In the
case where the grant funds for a fiscal year are less than
the fiscal year 2009 grant funds, the Secretary shall ratably
reduce each of the allotments under paragraph (2) for such
fiscal year.
``(4) Allotments for increased appropriation years.--
``(A) Minimum allotments to states for increased
appropriations years.--In any fiscal year for which the grant
funds exceed the fiscal year 2009 grant funds by more than
$1,000,000, the Secretary shall adjust the allotments under
paragraph (2), as necessary, such that no State that applies
for a grant under this section receives an allotment in an
amount that is less than--
``(i) $100,000, for a fiscal year in which the grant funds
exceed the fiscal year 2009 grant funds by more than
$1,000,000 but less than $2,000,000;
``(ii) $125,000, for a fiscal year in which the grant funds
exceed the fiscal year 2009 grant funds by at least
$2,000,000 but less than $3,000,000; and
``(iii) $150,000, for a fiscal year in which the grant
funds exceed the fiscal year 2009 grant funds by at least
$3,000,000.
``(B) Allotment adjustment.--In the case of a fiscal year
for which subparagraph (A) applies and the grant funds are
insufficient to satisfy the requirements of such subparagraph
(A), paragraph (2), and paragraph (5), the Secretary shall,
subject to paragraph (5), ratably reduce the allotment of
each State for which the allotment under paragraph (2) is an
amount that exceeds the applicable minimum under subparagraph
(A), as necessary to ensure that each State receives the
applicable minimum allotment under subparagraph (A).
``(5) Hold harmless.--Notwithstanding paragraphs (2) and
(4), except as provided in paragraph (3), no State or
territory shall receive a grant under this section in an
amount that is less than the amount such State or territory
received under this section for fiscal year 2009.''.
SEC. 116. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE
AND NEGLECT CASES.
Section 107 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106c) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) the assessment and investigation of suspected child
abuse and neglect cases, including cases of suspected child
sexual abuse and exploitation, in a manner that limits
additional trauma to the child and the child's family;
``(2) the assessment and investigation of cases of
suspected child abuse-related fatalities and suspected child
neglect-related fatalities;'';
(B) in paragraph (3), by striking ``particularly'' and
inserting ``including''; and
(C) in paragraph (4)--
(i) by striking ``the handling'' and inserting ``the
assessment and investigation''; and
(ii) by striking ``victims of abuse'' and inserting
``suspected victims of child abuse'';
(2) in subsection (b)(1), by striking ``section 107(b)''
and inserting ``section 106(b)'';
(3) in subsection (c)(1)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) in subparagraph (H), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(I) adult former victims of child abuse or neglect; and
``(J) individuals experienced in working with homeless
children and youths (as defined in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a)).'';
(4) in subsection (d)(1)--
(A) by striking ``particularly'' and inserting
``including''; and
(B) by inserting ``intrastate,'' before ``interstate'';
(5) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``particularly'' and inserting
``including''; and
(ii) by inserting ``intrastate,'' before ``interstate'';
(B) in subparagraph (B)--
(i) by inserting a comma after ``model''; and
(ii) by striking ``improve the rate'' and all that follows
through ``child sexual abuse cases'' and inserting the
following: ``improve the prompt and successful resolution of
civil and criminal court proceedings or enhance the
effectiveness of judicial and administrative action in child
abuse and neglect cases, particularly child sexual abuse and
exploitation cases, including the enhancement of performance
of court-appointed attorneys and guardians ad litem for
children''; and
(C) in subparagraph (C)--
(i) by inserting a comma after ``protocols'';
(ii) by inserting ``, which may include those children
involved in reports of child abuse or neglect with a
potential combination of jurisdictions, such as intrastate,
interstate, Federal-State, and State-Tribal,'' after
``protection for children'';
(iii) by striking ``from abuse'' and inserting ``from child
abuse and neglect''; and
(iv) by striking ``particularly'' and inserting
``including''; and
(6) in subsection (f), by inserting ``(42 U.S.C. 10603a)''
after ``1984''.
SEC. 117. MISCELLANEOUS REQUIREMENTS.
Section 108(d) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106d(d)) is amended to read as follows:
``(d) Sense of Congress.--It is the sense of Congress that
the Secretary should encourage all States and public and
private entities that receive assistance under this title
to--
``(1) ensure that children and families with limited
English proficiency who participate in programs under this
title are provided with materials and services through such
programs in an appropriate language other than English; and
``(2) ensure that individuals with disabilities who
participate in programs under this title are provided with
materials and services through such programs that are
appropriate to their disabilities.''.
SEC. 118. REPORTS.
(a) In General.--Section 110 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106f) is amended by striking
subsections (a) and (b) and inserting the following:
``(a) Coordination Efforts.--Not later than 1 year after
the date of enactment of the CAPTA Reauthorization Act of
2010, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on efforts to coordinate the objectives and
activities of agencies and organizations that are responsible
for programs and activities related to child abuse and
neglect. Not later than 3 years after that date of enactment,
the Secretary shall submit to those committees a second
report on such efforts during the 3-year period following
that date of enactment. Not later than 5 years after that
date of enactment, the Secretary shall submit to those
committees a third report on such efforts during the 5-year
period following that date of enactment.
``(b) Effectiveness of State Programs and Technical
Assistance.--Not later than 2 years
[[Page H8119]]
after the date of enactment of the CAPTA Reauthorization Act
of 2010 and every 2 years thereafter, the Secretary shall
submit to the Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report evaluating the
effectiveness of programs receiving assistance under section
106 in achieving the objectives of section 106.''.
(b) Study and Report Relating to Citizen Review Panels.--
Section 110(c) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106f(c)) is amended to read as follows:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) In general.--The Secretary shall conduct a study to
determine the effectiveness of citizen review panels,
established under section 106(c), in achieving the stated
function of such panels under section 106(c)(4)(A) of--
``(A) examining the policies, procedures, and practices of
State and local child protection agencies; and
``(B) evaluating the extent to which such State and local
child protection agencies are fulfilling their child
protection responsibilities, as described in clauses (i)
through (iii) of section 106(c)(4)(A).
``(2) Content of study.--The study described in paragraph
(1) shall be completed in a manner suited to the unique
design of citizen review panels, including consideration of
the variability among the panels within and between States.
The study shall include the following:
``(A) Data describing the membership, organizational
structure, operation, and administration of all citizen
review panels and the total number of such panels in each
State.
``(B) A detailed summary of the extent to which
collaboration and information-sharing occurs between citizen
review panels and State child protective services agencies or
any other entities or State agencies. The summary shall
include a description of the outcomes that result from
collaboration and information sharing.
``(C) Evidence of the adherence and responsiveness to the
reporting requirements under section 106(c)(6) by citizen
review panels and States.
``(3) Report.--Not later than 2 years after the date of
enactment of the CAPTA Reauthorization Act of 2010, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives a report
that contains the results of the study conducted under
paragraph (1).''.
(c) Study and Report Relating to Immunity From Prosecution
for Professional Consultation in Suspected and Known
Instances of Child Abuse and Neglect.--Section 110 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is
amended by adding at the end the following:
``(d) Study and Report Relating to Immunity From
Prosecution for Professional Consultation in Suspected and
Known Instances of Child Abuse and Neglect.--
``(1) Study.--The Secretary shall complete a study, in
consultation with experts in the provision of healthcare, law
enforcement, education, and local child welfare
administration, that examines how provisions for immunity
from prosecution under State and local laws and regulations
facilitate and inhibit individuals cooperating, consulting,
or assisting in making good faith reports, including
mandatory reports, of suspected or known instances of child
abuse or neglect.
``(2) Report.--Not later than 1 year after the date of the
enactment of the CAPTA Reauthorization Act of 2010, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives a report
that contains the results of the study conducted under
paragraph (1) and any recommendations for statutory or
regulatory changes the Secretary determines appropriate. Such
report may be submitted electronically.''.
SEC. 119. DEFINITIONS.
Section 111 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106g) is amended--
(1) in paragraph (5)--
(A) by inserting ``except as provided in section 106(f),''
after ``(5)'';
(B) by inserting ``and'' after ``Samoa,''; and
(C) by striking ``and the Trust Territory of the Pacific
Islands'';
(2) in paragraph (6)(C), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) the term `Alaska Native' has the meaning given the
term `Native' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602);
``(8) the term `infant or toddler with a disability' has
the meaning given the term in section 632 of the Individuals
with Disabilities Education Act (20 U.S.C. 1432);
``(9) the terms `Indian', `Indian tribe', and `tribal
organization' have the meanings given the terms in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b);
``(10) the term `Native Hawaiian' has the meaning given the
term in section 7207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517); and
``(11) the term `unaccompanied homeless youth' means an
individual who is described in paragraphs (2) and (6) of
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a).''.
SEC. 120. AUTHORIZATION OF APPROPRIATIONS.
Section 112(a)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106h(a)(1)) is amended--
(1) by striking ``2004'' and inserting ``2010''; and
(2) by striking ``2005 through 2008'' and inserting ``2011
through 2015''.
SEC. 121. RULE OF CONSTRUCTION.
Section 113(a)(2) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106i(a)(2)) is amended by striking
``abuse or neglect'' and inserting ``child abuse or
neglect''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse or
Neglect
SEC. 131. TITLE HEADING.
The title heading of title II of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5116) is amended to read as
follows:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 132. PURPOSE AND AUTHORITY.
Section 201 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116) is amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(1) to support community-based efforts to develop,
operate, expand, enhance, and coordinate initiatives,
programs, and activities to prevent child abuse and neglect
and to support the coordination of resources and activities,
to better strengthen and support families to reduce the
likelihood of child abuse and neglect; and''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``hereafter'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting a comma after ``expanding''; and
(II) by striking ``(through networks where appropriate)'';
(ii) in subparagraph (E), by inserting before the semicolon
the following: ``, including access to such resources and
opportunities for unaccompanied homeless youth''; and
(iii) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to involving parents in the
planning and program implementation of the lead agency and
entities carrying out local programs funded under this title,
including involvement of parents of children with
disabilities, parents who are individuals with disabilities,
racial and ethnic minorities, and members of other
underrepresented or underserved groups; and'';
(C) in paragraph (2), by inserting after ``children and
families'' the following: ``, including unaccompanied
homeless youth,'';
(D) in paragraph (3)--
(i) by inserting ``substance abuse treatment services,
domestic violence services,'' after ``mental health
services,'';
(ii) by striking ``family resource and support program''
and inserting ``community-based child abuse and neglect
prevention program''; and
(iii) by striking ``community-based family resource and
support program'' and inserting ``community-based child abuse
and neglect prevention programs''; and
(E) in paragraph (4)--
(i) by inserting ``and reporting'' after ``information
management'';
(ii) by striking the comma after ``prevention-focused'';
and
(iii) by striking ``(through networks where appropriate)''.
SEC. 133. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) by striking ``chief executive officer'' each place it
appears and inserting ``Governor''; and
(B) by inserting a comma after ``enhance'';
(2) in paragraphs (1), (2), and (3), by striking ``(through
networks where appropriate)'' each place it appears;
(3) in paragraphs (2) and (3), in the matter preceding
subparagraph (A), by striking ``chief executive officer'' and
inserting ``Governor''; and
(4) in paragraph (2)--
(A) in subparagraphs (A) and (B), by inserting ``adult
former victims of child abuse or neglect,'' after
``parents,''; and
(B) in subparagraph (C), by inserting a comma after
``State''.
SEC. 134. AMOUNT OF GRANT.
Section 203(b)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116b(b)(1))--
(1) in subparagraph (A), by striking all that precedes
``70'' and inserting the following:
``(A) 70 percent.--''; and
(2) in subparagraph (B), by striking all that precedes
``30'' and inserting the following:
``(B) 30 percent.--''.
SEC. 135. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116d) is amended--
(1) in paragraphs (1) and (2), by striking ``(through
networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``and how family resource and support'' and
inserting ``, including how community-based child abuse and
neglect prevention''; and
(B) by striking ``services provided'' and inserting
``programs provided'';
(3) in paragraph (4), by inserting a comma after
``operation'';
(4) in paragraph (6)--
(A) by striking ``an assurance that the State has the'' and
inserting ``a description of the State's''; and
(B) by striking ``consumers and'' and inserting
``consumers, of family advocates, and of adult former victims
of child abuse or neglect,'';
(5) in paragraph (7), by inserting a comma after
``expansion'';
(6) in paragraph (8)--
(A) by striking ``and activities''; and
(B) by inserting after ``homelessness,'' the following:
``unaccompanied homeless youth,'';
(7) in paragraph (9), by inserting a comma after
``training''; and
[[Page H8120]]
(8) in paragraph (11), by inserting a comma after
``procedures''.
SEC. 136. LOCAL PROGRAM REQUIREMENTS.
(a) In General.--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 inserting a
comma after ``expand'';
(2) in paragraph (1)--
(A) by striking ``parents and'' and inserting ``parents,'';
and
(B) by inserting ``in meaningful roles'' before the
semicolon;
(3) in paragraph (2)--
(A) by striking ``a strategy to provide, over time,'' and
inserting ``a comprehensive strategy to provide'';
(B) by striking ``family centered'' and inserting ``family-
centered''; and
(C) by striking ``and parents with young children,'' and
inserting ``, to parents with young children, and to parents
who are adult former victims of domestic violence or child
abuse or neglect,'';
(4) in paragraph (3)--
(A) by striking all that precedes subparagraph (C) and
inserting the following:
``(3)(A) provide for core child abuse and neglect
prevention services, which may be provided directly by the
local recipient of the grant funds or through grants or
agreements with other local agencies, such as--
``(i) parent education, mutual support and self help, and
parent leadership services;
``(ii) respite care services;
``(iii) outreach and followup services, which may include
voluntary home visiting services; and
``(iv) community and social service referrals; and''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by striking ``(C)''
and inserting ``(B) provide'';
(ii) by striking clause (ii) and inserting the following:
``(ii) child care, early childhood education and care, and
intervention services;'';
(iii) in clause (iii), by inserting ``and parents who are
individuals with disabilities'' before the semicolon;
(iv) in clause (v), by striking ``scholastic tutoring'' and
inserting ``academic tutoring'';
(v) in clause (vii), by striking ``and'' after the
semicolon;
(vi) in clause (viii), by adding ``and'' after the
semicolon;
(vii) by adding at the end the following:
``(ix) domestic violence service programs that provide
services and treatment to children and their non-abusing
caregivers.''; and
(viii) in clause (v), by striking ``scholastic tutoring''
and inserting ``academic tutoring'';
(5) in paragraph (5), by striking ``family resource and
support program'' and inserting ``child abuse and neglect
prevention program''; and
(6) in paragraph (6), by inserting a comma after
``operation''.
(b) Technical Amendment.--Section 206(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116e(b)) is
amended--
(1) by striking ``low income'' and inserting ``low-
income''; and
(2) by striking ``family resource and support programs''
and inserting ``child abuse and neglect prevention
programs.''.
SEC. 137. CONFORMING AMENDMENTS.
Section 207 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5119f) is amended--
(1) in paragraph (1), by inserting a comma after
``operation'';
(2) in paragraph (2), by inserting ``which description
shall specify whether those services are supported by
research'' after ``section 202'';
(3) in paragraph (4)--
(A) by striking ``section 205(3)'' and inserting ``section
204(3)''; and
(B) by inserting a comma after ``operation'';
(4) in paragraph (6)--
(A) by inserting a comma after ``local''; and
(B) by inserting a comma after ``expansion''; and
(5) in paragraph (7), by striking ``the results'' and all
that follows and inserting ``the results of evaluation, or
the outcomes of monitoring, conducted under the State program
to demonstrate the effectiveness of activities conducted
under this title in meeting the purposes of the program;
and''.
SEC. 138. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.
Section 208 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116g) is amended--
(1) in paragraph (1), by inserting a comma after
``operate'';
(2) in paragraph (2), by inserting a comma after
``operate''; and
(3) in paragraph (4), by inserting a comma after
``operate''.
SEC. 139. DEFINITIONS.
Section 209 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116h) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2), (3), and (5) as
paragraphs (1) through (3), respectively; and
(3) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by inserting
``, including the services of crisis nurseries,'' after
``short term care services'';
(B) in subparagraphs (A) and (B), by striking ``abuse or
neglect'' and inserting ``child abuse or neglect''; and
(C) in subparagraph (C), by striking ``have'' and all that
follows and inserting ``have disabilities or chronic or
terminal illnesses.''.
SEC. 140. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116i) is amended--
(1) by striking ``2004'' and inserting ``2010''; and
(2) by striking ``2005 through 2008'' and inserting ``2011
through 2015''.
SEC. 141. REDESIGNATION.
Title II of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116 et seq.) is amended by redesignating sections
205 through 210 as sections 204 through 209, respectively.
SEC. 142. TRANSFER OF DEFINITIONS.
(a) General Definitions.--The Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by
inserting after section 2 the following:
``SEC. 3. GENERAL DEFINITIONS.
``In this Act--
``(1) the term `child' means a person who has not attained
the lesser of--
``(A) the age of 18; or
``(B) except in the case of sexual abuse, the age specified
by the child protection law of the State in which the child
resides;
``(2) the term `child abuse and neglect' means, at a
minimum, any recent act or failure to act on the part of a
parent or caretaker, which results in death, serious physical
or emotional harm, sexual abuse or exploitation, or an act or
failure to act which presents an imminent risk of serious
harm;
``(3) the term `child with a disability' means a child with
a disability as defined in section 602 of the Individuals
with Disabilities Education Act (20 U.S.C. 1401), or an
infant or toddler with a disability as defined in section 632
of such Act (20 U.S.C. 1432);
``(4) the term `Governor' means the chief executive officer
of a State;
``(5) the terms `Indian', `Indian tribe', and `tribal
organization' have the meanings given the terms in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b);
``(6) the term `Secretary' means the Secretary of Health
and Human Services;
``(7) except as provided in section 106(f), the term
`State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands; and
``(8) the term `unaccompanied homeless youth' means an
individual who is described in paragraphs (2) and (6) of
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a).''.
(b) Conforming Amendments.--Section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g), as amended by
section 119, is further amended--
(1) by striking paragraphs (1), (2), (3), (5), (9), and
(11) of section 111;
(2) by redesignating paragraphs (7), (8), and (10) as
paragraphs (1), (2), and (3), respectively, and inserting the
paragraphs before paragraph (4);
(3) in paragraph (3), as so redesignated, by striking
``and'' at the end;
(4) in paragraph (4), by adding ``and'' at the end; and
(5) by redesignating paragraph (6) as paragraph (5).
Subtitle C--Conforming Amendments
SEC. 151. AMENDMENTS TO TABLE OF CONTENTS.
The table of contents in section 1(b) of the Child Abuse
Prevention and Treatment Act is amended--
(1) by inserting after the item relating to section 2 the
following:
``Sec. 3. General definitions.'';
(2) by amending the item relating to section 105 to read as
follows:
``Sec. 105. Grants to States, Indian tribes or tribal
organizations, and public or private agencies and
organizations.'';
(3) by amending the item relating to section 106 to read as
follows:
``Sec. 106. Grants to States for child abuse or neglect
prevention and treatment programs.'';
(4) by striking the item relating to the title heading of
title II and inserting the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE OR
NEGLECT'';
and
(5) by striking the items relating to sections 204 through
210 and inserting the following:
``Sec. 204. Application.
``Sec. 205. Local program requirements.
``Sec. 206. Performance measures.
``Sec. 207. National network for community-based family
resource programs.
``Sec. 208. Definitions.
``Sec. 209. Authorization of appropriations.''.
TITLE II--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 201. FAMILY VIOLENCE PREVENTION AND SERVICES.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended to read as follows:
``TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES
``SEC. 301. SHORT TITLE; PURPOSE.
``(a) Short Title.--This title may be cited as the `Family
Violence Prevention and Services Act'.
``(b) Purpose.--It is the purpose of this title to--
``(1) assist States and Indian tribes in efforts to
increase public awareness about, and primary and secondary
prevention of, family violence, domestic violence, and dating
violence;
``(2) assist States and Indian tribes in efforts to provide
immediate shelter and supportive services for victims of
family violence, domestic violence, or dating violence, and
their dependents;
[[Page H8121]]
``(3) provide for a national domestic violence hotline;
``(4) provide for technical assistance and training
relating to family violence, domestic violence, and dating
violence programs to States and Indian tribes, local public
agencies (including law enforcement agencies, courts, and
legal, social service, and health care professionals in
public agencies), nonprofit private organizations (including
faith-based and charitable organizations, community-based
organizations, and voluntary associations), tribal
organizations, and other persons seeking such assistance and
training.
``SEC. 302. DEFINITIONS.
``In this title:
``(1) Alaska native.--The term `Alaska Native' has the
meaning given the term `Native' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(2) Dating violence.--The term `dating violence' has the
meaning given such term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).
``(3) Domestic violence.--The term `domestic violence' has
the meaning given such term in section 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).
``(4) Family violence.--The term `family violence' means
any act or threatened act of violence, including any forceful
detention of an individual, that--
``(A) results or threatens to result in physical injury;
and
``(B) is committed by a person against another individual
(including an elderly individual) to or with whom such
person--
``(i) is related by blood;
``(ii) is or was related by marriage or is or was otherwise
legally related; or
``(iii) is or was lawfully residing.
``(5) Indian; indian tribe; tribal organization.--The terms
`Indian', `Indian tribe', and `tribal organization' have the
meanings given such terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(6) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 7207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
``(7) Personally identifying information.--The term
`personally identifying information' has the meaning given
the term in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)).
``(8) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(9) Shelter.--The term `shelter' means the provision of
temporary refuge and supportive services in compliance with
applicable State law (including regulation) governing the
provision, on a regular basis, of shelter, safe homes, meals,
and supportive services to victims of family violence,
domestic violence, or dating violence, and their dependents.
``(10) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and, except as otherwise provided, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(11) State domestic violence coalition.--The term `State
Domestic Violence Coalition' means a statewide
nongovernmental nonprofit private domestic violence
organization that--
``(A) has a membership that includes a majority of the
primary-purpose domestic violence service providers in the
State;
``(B) has board membership that is representative of
primary-purpose domestic violence service providers, and
which may include representatives of the communities in which
the services are being provided in the State;
``(C) has as its purpose to provide education, support, and
technical assistance to such service providers to enable the
providers to establish and maintain shelter and supportive
services for victims of domestic violence and their
dependents; and
``(D) serves as an information clearinghouse, primary point
of contact, and resource center on domestic violence for the
State and supports the development of polices, protocols, and
procedures to enhance domestic violence intervention and
prevention in the State.
``(12) Supportive services.--The term `supportive services'
means services for adult and youth victims of family
violence, domestic violence, or dating violence, and
dependents exposed to family violence, domestic violence, or
dating violence, that are designed to--
``(A) meet the needs of such victims of family violence,
domestic violence, or dating violence, and their dependents,
for short-term, transitional, or long-term safety; and
``(B) provide counseling, advocacy, or assistance for
victims of family violence, domestic violence, or dating
violence, and their dependents.
``(13) Tribally designated official.--The term `tribally
designated official' means an individual designated by an
Indian tribe, tribal organization, or nonprofit private
organization authorized by an Indian tribe, to administer a
grant under section 309.
``(14) Underserved populations.--The term `underserved
populations' has the meaning given the term in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)). For the purposes of this title, the Secretary has
the same authority to determine whether a population is an
underserved population as the Attorney General has under that
section 40002(a).
``SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
``(a) Formula Grants to States.--
``(1) In general.--There is authorized to be appropriated
to carry out sections 301 through 312, $175,000,000 for each
of fiscal years 2011 through 2015.
``(2) Allocations.--
``(A) Formula grants to states.--
``(i) Reservation of funds.--For any fiscal year for which
the amounts appropriated under paragraph (1) exceed
$130,000,000, not less than 25 percent of such excess funds
shall be made available to carry out section 312.
``(ii) Formula grants.--Of the amounts appropriated under
paragraph (1) for a fiscal year and not reserved under clause
(i), not less than 70 percent shall be used for making grants
under section 306(a).
``(B) Grants to tribes.--Of the amounts appropriated under
paragraph (1) for a fiscal year and not reserved under
subparagraph (A)(i), not less than 10 percent shall be used
to carry out section 309.
``(C) Technical assistance and training centers.--Of the
amounts appropriated under paragraph (1) for a fiscal year
and not reserved under subparagraph (A)(i), not less than 6
percent shall be used by the Secretary for making grants
under section 310.
``(D) Grants for state domestic violence coalitions.--Of
the amounts appropriated under paragraph (1) for a fiscal
year and not reserved under subparagraph (A)(i), not less
than 10 percent of such amounts shall be used by the
Secretary for making grants under section 311.
``(E) Administration, evaluation and monitoring.--Of the
amount appropriated under paragraph (1) for a fiscal year and
not reserved under subparagraph (A)(i), not more than 2.5
percent shall be used by the Secretary for evaluation,
monitoring, and other administrative costs under this title.
``(b) National Domestic Violence Hotline.--There is
authorized to be appropriated to carry out section 313
$3,500,000 for each of fiscal years 2011 through 2015.
``(c) Domestic Violence Prevention Enhancement and
Leadership Through Alliances.--There is authorized to be
appropriated to carry out section 314 $6,000,000 for each of
fiscal years 2011 through 2015.
``SEC. 304. AUTHORITY OF SECRETARY.
``(a) Authorities.--In order to carry out the provisions of
this title, the Secretary is authorized to--
``(1) appoint and fix the compensation of such personnel as
are necessary;
``(2) procure, to the extent authorized by section 3109 of
title 5, United States Code, such temporary and intermittent
services of experts and consultants as are necessary;
``(3) make grants to eligible entities or enter into
contracts with for-profit or nonprofit nongovernmental
entities and establish reporting requirements for such
grantees and contractors;
``(4) prescribe such regulations and guidance as are
reasonably necessary in order to carry out the objectives and
provisions of this title, including regulations and guidance
on implementing new grant conditions established or
provisions modified by amendments made to this title by the
CAPTA Reauthorization Act of 2010, to ensure accountability
and transparency of the actions of grantees and contractors,
or as determined by the Secretary to be reasonably necessary
to carry out this title; and
``(5) coordinate programs within the Department of Health
and Human Services, and seek to coordinate those programs
with programs administered by other Federal agencies, that
involve or affect efforts to prevent family violence,
domestic violence, and dating violence or the provision of
assistance for adult and youth victims of family violence,
domestic violence, or dating violence.
``(b) Administration.--The Secretary shall--
``(1) assign 1 or more employees of the Department of
Health and Human Services to carry out the provisions of this
title, including carrying out evaluation and monitoring under
this title, which employees shall, prior to such appointment,
have expertise in the field of family violence and domestic
violence prevention and services and, to the extent
practicable, have expertise in the field of dating violence;
``(2) provide technical assistance in the conduct of
programs for the prevention and treatment of family violence,
domestic violence, and dating violence;
``(3) provide for and coordinate research into the most
effective approaches to the intervention in and prevention of
family violence, domestic violence, and dating violence, by--
``(A) consulting with experts and program providers within
the family violence, domestic violence, and dating violence
field to identify gaps in research and knowledge, establish
research priorities, and disseminate research findings;
``(B) collecting and reporting data on the provision of
family violence, domestic violence, and dating violence
services, including assistance and programs supported by
Federal funds made available under this title and by other
governmental or nongovernmental sources of funds; and
``(C) coordinating family violence, domestic violence, and
dating violence research efforts within the Department of
Health and Human Services with relevant research administered
or carried out by other Federal agencies and other
researchers, including research on the provision of
assistance for adult and youth victims of family violence,
domestic violence, or dating violence; and
``(4) support the development and implementation of
effective policies, protocols, and programs within the
Department and at other Federal agencies that address the
safety and support needs of adult and youth victims of family
violence, domestic violence, or dating violence.
``(c) Reports.--Every 2 years, the Secretary shall review
and evaluate the activities conducted by grantees,
subgrantees, and contractors under this title and the
effectiveness of the programs administered pursuant to this
title, and submit a report containing the evaluation to the
Committee on Education and Labor of the House of
Representatives and the Committee on
[[Page H8122]]
Health, Education, Labor, and Pensions of the Senate. Such
report shall also include a summary of the documentation
provided to the Secretary through performance reports
submitted under section 306(d). The Secretary shall make
publicly available on the Department of Health and Human
Services website the evaluation reports submitted to Congress
under this subsection, including the summary of the
documentation provided to the Secretary under section 306(d).
``SEC. 305. ALLOTMENT OF FUNDS.
``(a) In General.--From the sums appropriated under section
303 and available for grants to States under section 306(a)
for any fiscal year--
``(1) Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands
shall each be allotted not less than \1/8\ of 1 percent of
the amounts available for grants under section 306(a) for the
fiscal year for which the allotment is made; and
``(2) each State shall be allotted for a grant under
section 306(a), $600,000, with the remaining funds to be
allotted to each State in an amount that bears the same ratio
to such remaining funds as the population of such State bears
to the population of all States.
``(b) Population.--For the purpose of this section, the
population of each State, and the total population of all the
States, shall be determined by the Secretary on the basis of
the most recent census data available to the Secretary, and
the Secretary shall use for such purpose, if available, the
annual interim current census data produced by the Secretary
of Commerce pursuant to section 181 of title 13, United
States Code.
``(c) Ratable Reduction.--If the sums appropriated under
section 303 for any fiscal year and available for grants to
States under section 306(a) are not sufficient to pay in full
the total amounts that all States are entitled to receive
under subsection (a) for such fiscal year, then the maximum
amounts that all States are entitled to receive under
subsection (a) for such fiscal year shall be ratably reduced.
In the event that additional funds become available for
making such grants for any fiscal year during which the
preceding sentence is applicable, such reduced amounts shall
be increased on the same basis as they were reduced.
``(d) Reallotment.--If, at the end of the sixth month of
any fiscal year for which sums are appropriated under section
303, the amount allotted to a State has not been made
available to such State in a grant under section 306(a)
because of the failure of such State to meet the requirements
for such a grant, then the Secretary shall reallot such
amount to States that meet such requirements.
``(e) Continued Availability of Funds.--All funds allotted
to a State for a fiscal year under this section, and made
available to such State in a grant under section 306(a),
shall remain available for obligation by the State until the
end of the following fiscal year. All such funds that are not
obligated by the State by the end of the following fiscal
year shall be made available to the Secretary for
discretionary activities under section 314. Such funds shall
remain available for obligation, and for expenditure by a
recipient of the funds under section 314, for not more than 1
year from the date on which the funds are made available to
the Secretary.
``(f) Definition.--In subsection (a)(2), the term `State'
does not include any jurisdiction specified in subsection
(a)(1).
``SEC. 306. FORMULA GRANTS TO STATES.
``(a) Formula Grants to States.--The Secretary shall award
grants to States in order to assist in supporting the
establishment, maintenance, and expansion of programs and
projects--
``(1) to prevent incidents of family violence, domestic
violence, and dating violence;
``(2) to provide immediate shelter, supportive services,
and access to community-based programs for victims of family
violence, domestic violence, or dating violence, and their
dependents; and
``(3) to provide specialized services for children exposed
to family violence, domestic violence, or dating violence,
underserved populations, and victims who are members of
racial and ethnic minority populations.
``(b) Administrative Expenses.--
``(1) Administrative costs.--Each State may use not more
than 5 percent of the grant funds for State administrative
costs.
``(2) Subgrants to eligible entities.--The State shall use
the remainder of the grant funds to make subgrants to
eligible entities for approved purposes as described in
section 308.
``(c) Grant Conditions.--
``(1) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with and provide information to Federal, State, local, and
tribal public officials and agencies, in accordance with
limitations on disclosure of confidential or private
information as described in paragraph (5), to develop and
implement policies to reduce or eliminate family violence,
domestic violence, and dating violence.
``(2) Discrimination prohibited.--
``(A) Application of civil rights provisions.--For the
purpose of applying the prohibitions against discrimination
on the basis of age under the Age Discrimination Act of 1975
(42 U.S.C. 6101 et seq.), on the basis of disability under
section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), on the basis of sex under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the basis
of race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs
and activities funded in whole or in part with funds made
available under this title are considered to be programs and
activities receiving Federal financial assistance.
``(B) Prohibition on discrimination on basis of sex,
religion.--
``(i) In general.--No person shall on the ground of sex or
religion be excluded from participation in, be denied the
benefits of, or be subject to discrimination under, any
program or activity funded in whole or in part with funds
made available under this title. Nothing in this title shall
require any such program or activity to include any
individual in any program or activity without taking into
consideration that individual's sex in those certain
instances where sex is a bona fide occupational qualification
or programmatic factor reasonably necessary to the normal or
safe operation of that particular program or activity.
``(ii) Enforcement.--The Secretary shall enforce the
provisions of clause (i) in accordance with section 602 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-1). Section 603
of such Act (42 U.S.C. 2000d-2) shall apply with respect to
any action taken by the Secretary to enforce such clause.
``(iii) Construction.--This subparagraph shall not be
construed as affecting any legal remedy provided under any
other provision of law.
``(C) Enforcement authorities of secretary.--Whenever the
Secretary finds that a State, Indian tribe, or other entity
that has received financial assistance under this title has
failed to comply with a provision of law referred to in
subparagraph (A), with subparagraph (B), or with an
applicable regulation (including one prescribed to carry out
subparagraph (B)), the Secretary shall notify the chief
executive officer of the State involved or the tribally
designated official of the tribe involved and shall request
such officer or official to secure compliance. If, within a
reasonable period of time, not to exceed 60 days, the chief
executive officer or official fails or refuses to secure
compliance, the Secretary may--
``(i) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be
instituted;
``(ii) exercise the powers and functions provided by title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.),
sections 504 and 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794, 794(a)), or title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), as may be applicable; or
``(iii) take such other action as may be provided by law.
``(D) Enforcement authority of attorney general.--When a
matter is referred to the Attorney General pursuant to
subparagraph (C)(i), or whenever the Attorney General has
reason to believe that a State, an Indian tribe, or an entity
described in subparagraph (C) is engaged in a pattern or
practice in violation of a provision of law referred to in
subparagraph (A) or in violation of subparagraph (B), the
Attorney General may bring a civil action in any appropriate
district court of the United States for such relief as may be
appropriate, including injunctive relief.
``(3) Income eligibility standards.--No income eligibility
standard may be imposed upon individuals with respect to
eligibility for assistance or services supported with funds
appropriated to carry out this title. No fees may be levied
for assistance or services provided with funds appropriated
to carry out this title.
``(4) Match.--No grant shall be made under this section to
any entity other than a State or an Indian tribe unless the
entity agrees that, with respect to the costs to be incurred
by the entity in carrying out the program or project for
which the grant is awarded, the entity will make available
(directly or through donations from public or private
entities) non-Federal contributions in an amount that is not
less than $1 for every $5 of Federal funds provided under the
grant. The non-Federal contributions required under this
paragraph may be in cash or in kind.
``(5) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of adult,
youth, and child victims of family violence, domestic
violence, or dating violence, and their families, grantees
and subgrantees under this title shall protect the
confidentiality and privacy of such victims and their
families.
``(B) Nondisclosure.--Subject to subparagraphs (C), (D),
and (E), grantees and subgrantees shall not--
``(i) disclose any personally identifying information
collected in connection with services requested (including
services utilized or denied), through grantees' and
subgrantees' programs; or
``(ii) reveal personally identifying information without
informed, written, reasonably time-limited consent by the
person about whom information is sought, whether for this
program or any other Federal or State grant program, which
consent--
``(I) shall be given by--
``(aa) the person, except as provided in item (bb) or (cc);
``(bb) in the case of an unemancipated minor, the minor and
the minor's parent or guardian; or
``(cc) in the case of an individual with a guardian, the
individual's guardian; and
``(II) may not be given by the abuser or suspected abuser
of the minor or individual with a guardian, or the abuser or
suspected abuser of the other parent of the minor.
``(C) Release.--If release of information described in
subparagraph (B) is compelled by statutory or court mandate--
``(i) grantees and subgrantees shall make reasonable
attempts to provide notice to victims affected by the release
of the information; and
``(ii) grantees and subgrantees shall take steps necessary
to protect the privacy and safety of the persons affected by
the release of the information.
[[Page H8123]]
``(D) Information sharing.--Grantees and subgrantees may
share--
``(i) nonpersonally identifying information, in the
aggregate, regarding services to their clients and
demographic nonpersonally identifying information in order to
comply with Federal, State, or tribal reporting, evaluation,
or data collection requirements;
``(ii) court-generated information and law enforcement-
generated information contained in secure, governmental
registries for protective order enforcement purposes; and
``(iii) law enforcement- and prosecution-generated
information necessary for law enforcement and prosecution
purposes.
``(E) Oversight.--Nothing in this paragraph shall prevent
the Secretary from disclosing grant activities authorized in
this title to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate and exercising
congressional oversight authority. In making all such
disclosures, the Secretary shall protect the confidentiality
of individuals and omit personally identifying information,
including location information about individuals and
shelters.
``(F) Statutorily permitted reports of abuse or neglect.--
Nothing in this paragraph shall prohibit a grantee or
subgrantee from reporting abuse and neglect, as those terms
are defined by law, where mandated or expressly permitted by
the State or Indian tribe involved.
``(G) Preemption.--Nothing in this paragraph shall be
construed to supersede any provision of any Federal, State,
tribal, or local law that provides greater protection than
this paragraph for victims of family violence, domestic
violence, or dating violence.
``(H) Confidentiality of location.--The address or location
of any shelter facility assisted under this title that
otherwise maintains a confidential location shall, except
with written authorization of the person or persons
responsible for the operation of such shelter, not be made
public.
``(6) Supplement not supplant.--Federal funds made
available to a State or Indian tribe under this title shall
be used to supplement and not supplant other Federal, State,
tribal, and local public funds expended to provide services
and activities that promote the objectives of this title.
``(d) Reports and Evaluation.--Each grantee shall submit an
annual performance report to the Secretary at such time as
shall be reasonably required by the Secretary. Such
performance report shall describe the grantee and subgrantee
activities that have been carried out with grant funds made
available under subsection (a) or section 309, contain an
evaluation of the effectiveness of such activities, and
provide such additional information as the Secretary may
reasonably require.
``SEC. 307. STATE APPLICATION.
``(a) Application.--
``(1) In general.--The chief executive officer of a State
seeking funds under section 306(a) or a tribally designated
official seeking funds under section 309(a) shall submit an
application to the Secretary at such time and in such manner
as the Secretary may reasonably require.
``(2) Contents.--Each such application shall--
``(A) provide a description of the procedures that have
been developed to ensure compliance with the provisions of
sections 306(c) and 308(d);
``(B) provide, with respect to funds described in paragraph
(1), assurances that--
``(i) not more than 5 percent of such funds will be used
for administrative costs;
``(ii) the remaining funds will be distributed to eligible
entities as described in section 308(a) for approved
activities as described in section 308(b); and
``(iii) in the distribution of funds by a State under
section 308(a), the State will give special emphasis to the
support of community-based projects of demonstrated
effectiveness, that are carried out by nonprofit private
organizations and that--
``(I) have as their primary purpose the operation of
shelters for victims of family violence, domestic violence,
and dating violence, and their dependents; or
``(II) provide counseling, advocacy, and self-help services
to victims of family violence, domestic violence, and dating
violence, and their dependents;
``(C) in the case of an application submitted by a State,
provide an assurance that there will be an equitable
distribution of grants and grant funds within the State and
between urban and rural areas within such State;
``(D) in the case of an application submitted by a State,
provide an assurance that the State will consult with and
provide for the participation of the State Domestic Violence
Coalition in the planning and monitoring of the distribution
of grants to eligible entities as described in section 308(a)
and the administration of the grant programs and projects;
``(E) describe how the State or Indian tribe will involve
community-based organizations, whose primary purpose is to
provide culturally appropriate services to underserved
populations, including how such community-based organizations
can assist the State or Indian tribe in addressing the unmet
needs of such populations;
``(F) describe how activities and services provided by the
State or Indian tribe are designed to reduce family violence,
domestic violence, and dating violence, including how funds
will be used to provide shelter, supportive services, and
prevention services in accordance with section 308(b);
``(G) specify the State agency or tribally designated
official to be designated as responsible for the
administration of programs and activities relating to family
violence, domestic violence, and dating violence, that are
carried out by the State or Indian tribe under this title,
and for coordination of related programs within the
jurisdiction of the State or Indian tribe;
``(H) provide an assurance that the State or Indian tribe
has a law or procedure to bar an abuser from a shared
household or a household of the abused person, which may
include eviction laws or procedures, where appropriate; and
``(I) meet such requirements as the Secretary reasonably
determines are necessary to carry out the objectives and
provisions of this title.
``(b) Approval of Application.--
``(1) In general.--The Secretary shall approve any
application that meets the requirements of subsection (a) and
section 306. The Secretary shall not disapprove any
application under this subsection unless the Secretary gives
the applicant reasonable notice of the Secretary's intention
to disapprove and a 6-month period providing an opportunity
for correction of any deficiencies.
``(2) Correction of deficiencies.--The Secretary shall give
such notice, within 45 days after the date of submission of
the application, if any of the provisions of subsection (a)
or section 306 have not been satisfied in such application.
If the State or Indian tribe does not correct the
deficiencies in such application within the 6-month period
following the receipt of the Secretary's notice, the
Secretary shall withhold payment of any grant funds under
section 306 to such State or under section 309 to such Indian
tribe until such date as the State or Indian tribe provides
documentation that the deficiencies have been corrected.
``(3) State or tribal domestic violence coalition
participation in determinations of compliance.--State
Domestic Violence Coalitions, or comparable coalitions for
Indian tribes, shall be permitted to participate in
determining whether grantees for corresponding States or
Indian tribes are in compliance with subsection (a) and
section 306(c), except that no funds made available under
section 311 shall be used to challenge a determination about
whether a grantee is in compliance with, or to seek the
enforcement of, the requirements of this title.
``(4) Failure to report; nonconforming expenditures.--The
Secretary shall suspend funding for an approved application
if the applicant fails to submit an annual performance report
under section 306(d), or if funds are expended for purposes
other than those set forth in section 306(b), after following
the procedures set forth in paragraphs (1), (2), and (3).
``SEC. 308. SUBGRANTS AND USES OF FUNDS.
``(a) Subgrants.--A State that receives a grant under
section 306(a) shall use grant funds described in section
306(b)(2) to provide subgrants to eligible entities for
programs and projects within such State, that is designed to
prevent incidents of family violence, domestic violence, and
dating violence by providing immediate shelter and supportive
services for adult and youth victims of family violence,
domestic violence, or dating violence (and their dependents),
and that may provide prevention services to prevent future
incidents of family violence, domestic violence, and dating
violence.
``(b) Use of Funds.--
``(1) In general.--Funds awarded to eligible entities under
subsection (a) shall be used to provide shelter, supportive
services, or prevention services to adult and youth victims
of family violence, domestic violence, or dating violence,
and their dependents, which may include--
``(A) provision, on a regular basis, of immediate shelter
and related supportive services to adult and youth victims of
family violence, domestic violence, or dating violence, and
their dependents, including paying for the operating and
administrative expenses of the facilities for such shelter;
``(B) assistance in developing safety plans, and supporting
efforts of victims of family violence, domestic violence, or
dating violence to make decisions related to their ongoing
safety and well-being;
``(C) provision of individual and group counseling, peer
support groups, and referral to community-based services to
assist family violence, domestic violence, and dating
violence victims, and their dependents, in recovering from
the effects of the violence;
``(D) provision of services, training, technical
assistance, and outreach to increase awareness of family
violence, domestic violence, and dating violence and increase
the accessibility of family violence, domestic violence, and
dating violence services;
``(E) provision of culturally and linguistically
appropriate services;
``(F) provision of services for children exposed to family
violence, domestic violence, or dating violence, including
age-appropriate counseling, supportive services, and services
for the nonabusing parent that support that parent's role as
a caregiver, which may, as appropriate, include services that
work with the nonabusing parent and child together;
``(G) provision of advocacy, case management services, and
information and referral services, concerning issues related
to family violence, domestic violence, or dating violence
intervention and prevention, including--
``(i) assistance in accessing related Federal and State
financial assistance programs;
``(ii) legal advocacy to assist victims and their
dependents;
``(iii) medical advocacy, including provision of referrals
for appropriate health care services (including mental
health, alcohol, and drug abuse treatment), but which shall
not include reimbursement for any health care services;
``(iv) assistance locating and securing safe and affordable
permanent housing and homelessness prevention services;
``(v) provision of transportation, child care, respite
care, job training and employment services, financial
literacy services and education,
[[Page H8124]]
financial planning, and related economic empowerment
services; and
``(vi) parenting and other educational services for victims
and their dependents; and
``(H) prevention services, including outreach to
underserved populations.
``(2) Shelter and supportive services.--Not less than 70
percent of the funds distributed by a State under subsection
(a) shall be distributed to entities for the primary purpose
of providing immediate shelter and supportive services to
adult and youth victims of family violence, domestic
violence, or dating violence, and their dependents, as
described in paragraph (1)(A). Not less than 25 percent of
the funds distributed by a State under subsection (a) shall
be distributed to entities for the purpose of providing
supportive services and prevention services as described in
subparagraphs (B) through (H) of paragraph (1).
``(c) Eligible Entities.--To be eligible to receive a
subgrant from a State under this section, an entity shall
be--
``(1) a local public agency, or a nonprofit private
organization (including faith-based and charitable
organizations, community-based organizations, tribal
organizations, and voluntary associations), that assists
victims of family violence, domestic violence, or dating
violence, and their dependents, and has a documented history
of effective work concerning family violence, domestic
violence, or dating violence; or
``(2) a partnership of 2 or more agencies or organizations
that includes--
``(A) an agency or organization described in paragraph (1);
and
``(B) an agency or organization that has a demonstrated
history of serving populations in their communities,
including providing culturally appropriate services.
``(d) Conditions.--
``(1) Direct payments to victims or dependants.--No funds
provided under this title may be used as direct payment to
any victim of family violence, domestic violence, or dating
violence, or to any dependent of such victim.
``(2) Voluntarily accepted services.--Receipt of supportive
services under this title shall be voluntary. No condition
may be applied for the receipt of emergency shelter as
described in subsection (b)(1)(A).
``SEC. 309. GRANTS FOR INDIAN TRIBES.
``(a) Grants Authorized.--The Secretary, in consultation
with tribal governments pursuant to Executive Order 13175 (25
U.S.C. 450 note) and in accordance with section 903 of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d), shall
continue to award grants for Indian tribes from amounts
appropriated under section 303(a)(2)(B) to carry out this
section.
``(b) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be an Indian tribe, or a
tribal organization or nonprofit private organization
authorized by an Indian tribe. An Indian tribe shall have the
option to authorize a tribal organization or a nonprofit
private organization to submit an application and administer
the grant funds awarded under this section.
``(c) Conditions.--Each recipient of such a grant shall
comply with requirements that are consistent with the
requirements applicable to grantees under section 306.
``(d) Grantee Application.--To be eligible to receive a
grant under this section, an entity shall submit an
application to the Secretary under section 307 at such time,
in such manner, and containing such information as the
Secretary determines to be essential to carry out the
objectives and provisions of this title. The Secretary shall
approve any application that meets requirements consistent
with the requirements of section 306(c) and section 307(a).
``(e) Use of Funds.--An amount provided under a grant to an
eligible entity shall be used for the services described in
section 308(b).
``SEC. 310. NATIONAL RESOURCE CENTERS AND TRAINING AND
TECHNICAL ASSISTANCE CENTERS.
``(a) Purpose and Grants Authorized.--
``(1) Purpose.--The purpose of this section is to provide
resource information, training, and technical assistance
relating to the objectives of this title to improve the
capacity of individuals, organizations, governmental
entities, and communities to prevent family violence,
domestic violence, and dating violence and to provide
effective intervention services.
``(2) Grants authorized.--From the amounts appropriated
under this title and reserved under section 303(a)(2)(C), the
Secretary--
``(A) shall award grants to eligible entities for the
establishment and maintenance of--
``(i) 2 national resource centers (as provided for in
subsection (b)(1)); and
``(ii) at least 7 special issue resource centers addressing
key areas of domestic violence, and intervention and
prevention (as provided for in subsection (b)(2)); and
``(B) may award grants, to--
``(i) State resource centers to reduce disparities in
domestic violence in States with high proportions of Indian
(including Alaska Native) or Native Hawaiian populations (as
provided for in subsection (b)(3)); and
``(ii) support training and technical assistance that
address emerging issues related to family violence, domestic
violence, or dating violence, to entities demonstrating
related expertise.
``(b) Domestic Violence Resource Centers.--
``(1) National resource centers.--In accordance with
subsection (a)(2), the Secretary shall award grants to
eligible entities for--
``(A) a National Resource Center on Domestic Violence,
which shall--
``(i) offer a comprehensive array of technical assistance
and training resources to Federal, State, and local
governmental agencies, domestic violence service providers,
community-based organizations, and other professionals and
interested parties, related to domestic violence service
programs and research, including programs and research
related to victims and their children who are exposed to
domestic violence; and
``(ii) maintain a central resource library in order to
collect, prepare, analyze, and disseminate information and
statistics related to--
``(I) the incidence and prevention of family violence and
domestic violence; and
``(II) the provision of shelter, supportive services, and
prevention services to adult and youth victims of domestic
violence (including services to prevent repeated incidents of
violence); and
``(B) a National Indian Resource Center Addressing Domestic
Violence and Safety for Indian Women, which shall--
``(i) offer a comprehensive array of technical assistance
and training resources to Indian tribes and tribal
organizations, specifically designed to enhance the capacity
of the tribes and organizations to respond to domestic
violence and the findings of section 901 of the Violence
Against Women and Department of Justice Reauthorization Act
of 2005 (42 U.S.C. 3796gg-10 note);
``(ii) enhance the intervention and prevention efforts of
Indian tribes and tribal organizations to respond to domestic
violence and increase the safety of Indian women in support
of the purposes of section 902 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (42.
U.S.C. 3796gg-10 note); and
``(iii) coordinate activities with other Federal agencies,
offices, and grantees that address the needs of Indians
(including Alaska Natives), and Native Hawaiians that
experience domestic violence, including the Office of Justice
Services at the Bureau of Indian Affairs, the Indian Health
Service of the Department of Health and Human Services, and
the Office on Violence Against Women of the Department of
Justice.
``(2) Special issue resource centers.--In accordance with
subsection (a)(2)(A)(ii), the Secretary shall award grants to
eligible entities for special issue resource centers, which
shall be national in scope and shall provide information,
training, and technical assistance to State and local
domestic violence service providers. Each special issue
resource center shall focus on enhancing domestic violence
intervention and prevention efforts in at least one of the
following areas:
``(A) The response of the criminal and civil justice
systems to domestic violence victims, which may include the
response to the use of the self-defense plea by domestic
violence victims and the issuance and use of protective
orders.
``(B) The response of child protective service agencies to
victims of domestic violence and their dependents and child
custody issues in domestic violence cases.
``(C) The response of the interdisciplinary health care
system to victims of domestic violence and access to health
care resources for victims of domestic violence.
``(D) The response of mental health systems, domestic
violence service programs, and other related systems and
programs to victims of domestic violence and to their
children who are exposed to domestic violence.
``(E) In the case of 3 specific resource centers, enhancing
domestic violence intervention and prevention efforts for
victims of domestic violence who are members of racial and
ethnic minority groups, to enhance the cultural and
linguistic relevancy of service delivery, resource
utilization, policy, research, technical assistance,
community education, and prevention initiatives.
``(3) State resource centers to reduce tribal
disparities.--
``(A) In general.--In accordance with subsection (a)(2),
the Secretary may award grants to eligible entities for State
resource centers, which shall provide statewide information,
training, and technical assistance to Indian tribes, tribal
organizations, and local domestic violence service
organizations serving Indians (including Alaska Natives) or
Native Hawaiians, in a culturally sensitive and relevant
manner.
``(B) Requirements.--An eligible entity shall use a grant
provided under this paragraph--
``(i) to offer a comprehensive array of technical
assistance and training resources to Indian tribes, tribal
organizations, and providers of services to Indians
(including Alaska Natives) or Native Hawaiians, specifically
designed to enhance the capacity of the tribes,
organizations, and providers to respond to domestic violence,
including offering the resources in States in which the
population of Indians (including Alaska Natives) or Native
Hawaiians exceeds 2.5 percent of the total population of the
State;
``(ii) to coordinate all projects and activities with the
national resource center described in paragraph (1)(B),
including projects and activities that involve working with
nontribal State and local governments to enhance their
capacity to understand the unique needs of Indians (including
Alaska Natives) and Native Hawaiians; and
``(iii) to provide comprehensive community education and
domestic violence prevention initiatives in a culturally
sensitive and relevant manner.
``(c) Eligibility.--
``(1) In general.--To be eligible to receive a grant under
subsection (b)(1)(A) or subparagraph (A), (B), (C), or (D) of
subsection (b)(2), an entity shall be a nonprofit private
organization that focuses primarily on domestic violence and
that--
``(A) provides documentation to the Secretary demonstrating
experience working directly on issues of domestic violence,
and (in the case of an entity seeking a grant under
subsection (b)(2)) demonstrating experience working directly
in the corresponding specific special issue area described in
subsection (b)(2);
``(B) includes on the entity's advisory board
representatives who are from domestic violence
[[Page H8125]]
service programs and who are geographically and culturally
diverse; and
``(C) demonstrates the strong support of domestic violence
service programs from across the Nation for the entity's
designation as a national resource center or a special issue
resource center, as appropriate.
``(2) National indian resource center.--To be eligible to
receive a grant under subsection (b)(1)(B), an entity shall
be a tribal organization or a nonprofit private organization
that focuses primarily on issues of domestic violence within
Indian tribes and that submits documentation to the Secretary
demonstrating--
``(A) experience working with Indian tribes and tribal
organizations to respond to domestic violence and the
findings of section 901 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
3796gg-10 note);
``(B) experience providing Indian tribes and tribal
organizations with assistance in developing tribally-based
prevention and intervention services addressing domestic
violence and safety for Indian women consistent with the
purposes of section 902 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
3796gg-10 note);
``(C) strong support for the entity's designation as the
National Indian Resource Center Addressing Domestic Violence
and Safety for Indian Women from advocates working within
Indian tribes to address domestic violence and the safety of
Indian women;
``(D) a record of demonstrated effectiveness in assisting
Indian tribes and tribal organizations with prevention and
intervention services addressing domestic violence; and
``(E) the capacity to serve Indian tribes (including Alaska
Native villages and regional and village corporations) across
the United States.
``(3) Special issue resource centers concerned with racial
and ethnic minority groups.--To be eligible to receive a
grant under subsection (b)(2)(E), an entity shall be an
entity that--
``(A) is a nonprofit private organization that focuses
primarily on issues of domestic violence in a racial or
ethnic community, or is a public or private nonprofit
educational institution that has a domestic violence
institute, center, or program related to culturally specific
issues in domestic violence; and
``(B)(i) has documented experience in the areas of domestic
violence prevention and services, and experience relevant to
the specific racial or ethnic population to which
information, training, technical assistance, and outreach
would be provided under the grant;
``(ii) demonstrates the strong support, of advocates from
across the Nation who are working to address domestic
violence; and
``(iii) has a record of demonstrated effectiveness in
enhancing the cultural and linguistic relevancy of service
delivery.
``(4) State resource centers to reduce tribal
disparities.--To be eligible to receive a grant under
subsection (b)(3), an entity shall--
``(A)(i) be located in a State in which the population of
Indians (including Alaska Natives) or Native Hawaiians
exceeds 10 percent of the total population of the State; or
``(ii) be an Indian tribe, tribal organization, or Native
Hawaiian organization that focuses primarily on issues of
domestic violence among Indians or Native Hawaiians, or an
institution of higher education; and
``(B) demonstrate the ability to serve all regions of the
State, including underdeveloped areas and areas that are
geographically distant from population centers.
``(d) Reports and Evaluation.--Each entity receiving a
grant under this section shall submit a performance report to
the Secretary annually and in such manner as shall be
reasonably required by the Secretary. Such performance report
shall describe the activities that have been carried out with
such grant funds, contain an evaluation of the effectiveness
of the activities, and provide such additional information as
the Secretary may reasonably require.
``SEC. 311. GRANTS TO STATE DOMESTIC VIOLENCE COALITIONS.
``(a) Grants.--The Secretary shall award grants for the
funding of State Domestic Violence Coalitions.
``(b) Allotment of Funds.--
``(1) In general.--From the amount appropriated under
section 303(a)(2)(D) for each fiscal year, the Secretary
shall allot to each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, and each of the
covered territories an amount equal to \1/56\ of the amount
so appropriated for such fiscal year.
``(2) Definition.--For purposes of this subsection, the
term `covered territories' means Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
``(c) Application.--Each State Domestic Violence Coalition
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary determines
to be essential to carry out the objectives of this section.
The application submitted by the coalition for the grant
shall provide documentation of the coalition's work,
satisfactory to the Secretary, demonstrating that the
coalition--
``(1) meets all of the applicable requirements set forth in
this title; and
``(2) demonstrates the ability to conduct appropriately all
activities described in this section, as indicated by--
``(A) documented experience in administering Federal grants
to conduct the activities described in subsection (d); or
``(B) a documented history of active participation in the
activities described in paragraphs (1), (3), (4), and (5) of
subsection (d) and a demonstrated capacity to conduct the
activities described in subsection (d)(2).
``(d) Use of Funds.--A coalition that receives a grant
under this section shall use the grant funds for
administration and operations to further the purposes of
family violence, domestic violence, and dating violence
intervention and prevention, through activities that shall
include--
``(1) working with local family violence, domestic
violence, and dating violence service programs and providers
of direct services to encourage appropriate and comprehensive
responses to family violence, domestic violence, and dating
violence against adults or youth within the State involved,
including providing training and technical assistance and
conducting State needs assessments;
``(2) participating in planning and monitoring the
distribution of subgrants and subgrant funds within the State
under section 308(a);
``(3) working in collaboration with service providers and
community-based organizations to address the needs of family
violence, domestic violence, and dating violence victims, and
their dependents, who are members of racial and ethnic
minority populations and underserved populations;
``(4) collaborating with and providing information to
entities in such fields as housing, health care, mental
health, social welfare, or business to support the
development and implementation of effective policies,
protocols, and programs that address the safety and support
needs of adult and youth victims of family violence, domestic
violence, or dating violence;
``(5) encouraging appropriate responses to cases of family
violence, domestic violence, or dating violence against
adults or youth, including by working with judicial and law
enforcement agencies;
``(6) working with family law judges, criminal court
judges, child protective service agencies, and children's
advocates to develop appropriate responses to child custody
and visitation issues in cases of child exposure to family
violence, domestic violence, or dating violence and in cases
in which--
``(A) family violence, domestic violence, or dating
violence is present; and
``(B) child abuse is present;
``(7) providing information to the public about prevention
of family violence, domestic violence, and dating violence,
including information targeted to underserved populations;
and
``(8) collaborating with Indian tribes and tribal
organizations (and corresponding Native Hawaiian groups or
communities) to address the needs of Indian (including Alaska
Native) and Native Hawaiian victims of family violence,
domestic violence, or dating violence, as applicable in the
State.
``(e) Limitation on Use of Funds.--A coalition that
receives a grant under this section shall not be required to
use funds received under this title for the purposes
described in paragraph (5) or (6) of subsection (d) if the
coalition provides an annual assurance to the Secretary that
the coalition is--
``(1) using funds received under section 2001(c)(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(c)(1)) for such purposes; and
``(2) coordinating the activities carried out by the
coalition under subsection (d) with the State's activities
under part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) that address
those purposes.
``(f) Prohibition on Lobbying.--No funds made available to
entities under this section shall be used, directly or
indirectly, to influence the issuance, amendment, or
revocation of any executive order or similar promulgation by
any Federal, State, or local agency, or to undertake to
influence the passage or defeat of any legislation by
Congress, or by any State or local legislative body, or State
proposals by initiative petition, except that the
representatives of the entity may testify or make other
appropriate communication--
``(1) when formally requested to do so by a legislative
body, a committee, or a member of the body or committee; or
``(2) in connection with legislation or appropriations
directly affecting the activities of the entity.
``(g) Reports and Evaluation.--Each entity receiving a
grant under this section shall submit a performance report to
the Secretary at such time as shall be reasonably required by
the Secretary. Such performance report shall describe the
activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such
activities, and provide such additional information as the
Secretary may reasonably require.
``(h) Indian Representatives.--For purposes of this
section, a State Domestic Violence Coalition may include
representatives of Indian tribes and tribal organizations.
``SEC. 312. SPECIALIZED SERVICES FOR ABUSED PARENTS AND THEIR
CHILDREN.
``(a) In General.--
``(1) Program.--The Secretary shall establish a grant
program to expand the capacity of family violence, domestic
violence, and dating violence service programs and community-
based programs to prevent future domestic violence by
addressing, in an appropriate manner, the needs of children
exposed to family violence, domestic violence, or dating
violence.
``(2) Grants.--The Secretary may make grants to eligible
entities through the program established under paragraph (1)
for periods of not more than 2 years. If the Secretary
determines that an entity has received such a grant and been
successful in meeting the objectives of the grant application
submitted under subsection (c), the Secretary may renew the
grant for 1 additional period of not more than 2 years.
``(b) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall
[[Page H8126]]
be a local agency, a nonprofit private organization
(including faith-based and charitable organizations,
community-based organizations, and voluntary associations),
or a tribal organization, with a demonstrated record of
serving victims of family violence, domestic violence, or
dating violence and their children.
``(c) Application.--An entity seeking a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require, including--
``(1) a description of how the entity will prioritize the
safety of, and confidentiality of information about--
``(A) victims of family violence, victims of domestic
violence, and victims of dating violence; and
``(B) children of victims described in subparagraph (A);
``(2) a description of how the entity will provide
developmentally appropriate and age-appropriate services, and
culturally and linguistically appropriate services, to the
victims and children; and
``(3) a description of how the entity will ensure that
professionals working with the children receive the training
and technical assistance appropriate and relevant to the
unique needs of children exposed to family violence, domestic
violence, or dating violence.
``(d) Use of Funds.--An entity that receives a grant under
this section for a family violence, domestic violence, and
dating violence service or community-based program described
in subsection (a)--
``(1) shall use the funds made available through the
grant--
``(A) to provide direct counseling, appropriate services
consistent with subsection (c)(2), or advocacy on behalf of
victims of family violence, domestic violence, or dating
violence and their children, including coordinating services
with services provided by the child welfare system;
``(B) to provide services for nonabusing parents to support
those parents' roles as caregivers and their roles in
responding to the social, emotional, and developmental needs
of their children; and
``(C) where appropriate, to provide the services described
in this subsection while working with such a nonabusing
parent and child together; and
``(2) may use the funds made available through the grant--
``(A) to provide early childhood development and mental
health services;
``(B) to coordinate activities with and provide technical
assistance to community-based organizations serving victims
of family violence, domestic violence, or dating violence or
children exposed to family violence, domestic violence, or
dating violence; and
``(C) to provide additional services and referrals to
services for children, including child care, transportation,
educational support, respite care, supervised visitation, or
other necessary services.
``(e) Reports and Evaluation.--Each entity receiving a
grant under this section shall submit a performance report to
the Secretary at such time as shall be reasonably required by
the Secretary. Such performance report shall describe the
activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such
activities, and provide such additional information as the
Secretary may reasonably require.
``SEC. 313. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
``(a) In General.--The Secretary shall award a grant to 1
or more private entities to provide for the ongoing operation
of a 24-hour, national, toll-free telephone hotline to
provide information and assistance to adult and youth victims
of family violence, domestic violence, or dating violence,
family and household members of such victims, and persons
affected by the victimization. The Secretary shall give
priority to applicants with experience in operating a hotline
that provides assistance to adult and youth victims of family
violence, domestic violence, or dating violence.
``(b) Term.--The Secretary shall award a grant under this
section for a period of not more than 5 years.
``(c) Conditions on Payment.--The provision of payments
under a grant awarded under this section shall be subject to
annual approval by the Secretary and subject to the
availability of appropriations for each fiscal year to make
the payments.
``(d) Application.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Secretary that shall--
``(1) contain such agreements, assurances, and information,
be in such form, and be submitted in such manner, as the
Secretary shall prescribe;
``(2) include a complete description of the applicant's
plan for the operation of a national domestic violence
hotline, including descriptions of--
``(A) the training program for hotline personnel, including
technology training to ensure that all persons affiliated
with the hotline are able to effectively operate any
technological systems used by the hotline;
``(B) the hiring criteria and qualifications for hotline
personnel;
``(C) the methods for the creation, maintenance, and
updating of a resource database;
``(D) a plan for publicizing the availability of the
hotline;
``(E) a plan for providing service to non-English speaking
callers, including service through hotline personnel who have
non-English language capability;
``(F) a plan for facilitating access to the hotline by
persons with hearing impairments; and
``(G) a plan for providing assistance and referrals to
youth victims of domestic violence and for victims of dating
violence who are minors, which may be carried out through a
national teen dating violence hotline;
``(3) demonstrate that the applicant has recognized
expertise in the area of family violence, domestic violence,
or dating violence and a record of high quality service to
victims of family violence, domestic violence, or dating
violence, including a demonstration of support from advocacy
groups and State Domestic Violence Coalitions;
``(4) demonstrate that the applicant has the capacity and
the expertise to maintain a domestic violence hotline and a
comprehensive database of service providers;
``(5) demonstrate the ability to provide information and
referrals for callers, directly connect callers to service
providers, and employ crisis interventions meeting the
standards of family violence, domestic violence, and dating
violence providers;
``(6) demonstrate that the applicant has a commitment to
diversity and to the provision of services to underserved
populations, including to ethnic, racial, and non-English
speaking minorities, in addition to older individuals and
individuals with disabilities;
``(7) demonstrate that the applicant complies with
nondisclosure requirements as described in section 306(c)(5)
and follows comprehensive quality assurance practices; and
``(8) contain such other information as the Secretary may
require.
``(e) Hotline Activities.--
``(1) In general.--An entity that receives a grant under
this section for activities described, in whole or in part,
in subsection (a) shall use funds made available through the
grant to establish and operate a 24-hour, national, toll-free
telephone hotline to provide information and assistance to
adult and youth victims of family violence, domestic
violence, or dating violence, and other individuals described
in subsection (a).
``(2) Activities.--In establishing and operating the
hotline, the entity--
``(A) shall contract with a carrier for the use of a toll-
free telephone line;
``(B) shall employ, train (including providing technology
training), and supervise personnel to answer incoming calls,
provide counseling and referral services for callers on a 24-
hour-a-day basis, and directly connect callers to service
providers;
``(C) shall assemble and maintain a database of information
relating to services for adult and youth victims of family
violence, domestic violence, or dating violence to which
callers may be referred throughout the United States,
including information on the availability of shelters and
supportive services for victims of family violence, domestic
violence, or dating violence;
``(D) shall widely publicize the hotline throughout the
United States, including to potential users;
``(E) shall provide assistance and referrals to meet the
needs of underserved populations and individuals with
disabilities;
``(F) shall provide assistance and referrals for youth
victims of domestic violence and for victims of dating
violence who are minors, which may be carried out through a
national teen dating violence hotline;
``(G) may provide appropriate assistance and referrals for
family and household members of victims of family violence,
domestic violence, or dating violence, and persons affected
by the victimization described in subsection (a); and
``(H) at the discretion of the hotline operator, may
provide assistance, or referrals for counseling or
intervention, for identified adult and youth perpetrators,
including self-identified perpetrators, of family violence,
domestic violence, or dating violence, but shall not be
required to provide such assistance or referrals in any
circumstance in which the hotline operator fears the safety
of a victim may be impacted by an abuser or suspected abuser.
``(f) Reports and Evaluation.--The entity receiving a grant
under this section shall submit a performance report to the
Secretary at such time as shall be reasonably required by the
Secretary. Such performance report shall describe the
activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such
activities, and provide such additional information as the
Secretary may reasonably require.
``SEC. 314. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND
LEADERSHIP THROUGH ALLIANCES (DELTA).
``(a) In General.--The Secretary shall enter into
cooperative agreements with State Domestic Violence
Coalitions for the purposes of establishing, operating, and
maintaining local community projects to prevent family
violence, domestic violence, and dating violence, including
violence committed by and against youth, using a coordinated
community response model and through prevention and education
programs.
``(b) Term.--The Secretary shall enter into a cooperative
agreement under this section for a period of not more than 5
fiscal years.
``(c) Conditions on Payment.--The provision of payments
under a cooperative agreement under this section shall be
subject to--
``(1) annual approval by the Secretary; and
``(2) the availability of appropriations for each fiscal
year to make the payments.
``(d) Eligibility.--To be eligible to enter into a
cooperative agreement under this section, an organization
shall--
``(1) be a State Domestic Violence Coalition; and
``(2) include representatives of pertinent sectors of the
local community, which may include--
``(A) health care providers and State or local health
departments;
``(B) the education community;
``(C) the faith-based community;
``(D) the criminal justice system;
[[Page H8127]]
``(E) family violence, domestic violence, and dating
violence service program advocates;
``(F) human service entities such as State child services
divisions;
``(G) business and civic leaders; and
``(H) other pertinent sectors.
``(e) Applications.--An organization that desires to enter
into a cooperative agreement under this section shall submit
to the Secretary an application, in such form and in such
manner as the Secretary shall require, that--
``(1) demonstrates the capacity of the applicant, who may
enter into a partnership with a local family violence,
domestic violence, or dating violence service provider or
community-based organization, to undertake the project
involved;
``(2) demonstrates that the project will include a
coordinated community response to improve and expand
prevention strategies through increased communication and
coordination among all affected sectors of the local
community;
``(3) includes a complete description of the applicant's
plan for the establishment and implementation of the
coordinated community response, including a description of--
``(A) the method to be used for identification and
selection of an administrative committee made up of persons
knowledgeable about comprehensive family violence, domestic
violence, and dating violence prevention planning to oversee
the project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project;
``(B) the method to be used for identification and
selection of project staff and a project evaluator;
``(C) the method to be used for identification and
selection of a project council consisting of representatives
of the community sectors listed in subsection (d)(2); and
``(D) the method to be used for identification and
selection of a steering committee consisting of
representatives of the various community sectors who will
chair subcommittees of the project council, each of which
will focus on 1 of the sectors;
``(4) demonstrates that the applicant has experience in
providing, or the capacity to provide, prevention-focused
training and technical assistance;
``(5) demonstrates that the applicant has the capacity to
carry out collaborative community initiatives to prevent
family violence, domestic violence, and dating violence; and
``(6) contains such other information, agreements, and
assurances as the Secretary may require.
``(f) Geographical Dispersion.--The Secretary shall enter
into cooperative agreements under this section with
organizations in States geographically dispersed throughout
the Nation.
``(g) Use of Funds.--
``(1) In general.--An organization that enters into a
cooperative agreement under subsection (a) shall use the
funds made available through the agreement to establish,
operate, and maintain comprehensive family violence, domestic
violence, and dating violence prevention programming.
``(2) Technical assistance, evaluation and monitoring.--The
Secretary may use a portion of the funds provided under this
section to--
``(A) provide technical assistance;
``(B) monitor the performance of organizations carrying out
activities under the cooperative agreements; and
``(C) conduct an independent evaluation of the program
carried out under this section.
``(3) Requirements.--In establishing and operating a
project under this section, an eligible organization shall--
``(A) establish protocols to improve and expand family
violence, domestic violence, and dating violence prevention
and intervention strategies within affected community sectors
described in subsection (d)(2);
``(B) develop comprehensive prevention plans to coordinate
prevention efforts with other community sectors;
``(C) provide for periodic evaluation of the project, and
analysis to assist in replication of the prevention
strategies used in the project in other communities, and
submit a report under subsection (h) that contains the
evaluation and analysis;
``(D) develop, replicate, or conduct comprehensive,
evidence-informed primary prevention programs that reduce
risk factors and promote protective factors that reduce the
likelihood of family violence, domestic violence, and dating
violence, which may include--
``(i) educational workshops and seminars;
``(ii) training programs for professionals;
``(iii) the preparation of informational material;
``(iv) developmentally appropriate education programs;
``(v) other efforts to increase awareness of the facts
about, or to help prevent, family violence, domestic
violence, and dating violence; and
``(vi) the dissemination of information about the results
of programs conducted under this subparagraph;
``(E) utilize evidence-informed prevention program
planning; and
``(F) recognize, in applicable cases, the needs of
underserved populations, racial and linguistic populations,
and individuals with disabilities.
``(h) Reports and Evaluation.--Each organization entering
into a cooperative agreement under this section shall submit
a performance report to the Secretary at such time as shall
be reasonably required by the Secretary. Such performance
report shall describe activities that have been carried out
with the funds made available through the agreement, contain
an evaluation of the effectiveness of such activities, and
provide such additional information as the Secretary may
reasonably require. The Secretary shall make the evaluations
received under this subsection publicly available on the
Department of Health and Human Services website. The reports
shall also be submitted to the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.''.
SEC. 202. AMENDMENTS TO OTHER LAWS.
(a) Title 11, United States Code.--Section
707(b)(2)(A)(ii)(I) of title 11, United States Code, is
amended in the 4th sentence by striking ``section 309 of the
Family Violence Prevention and Services Act'' and inserting
``section 302 of the Family Violence Prevention and Services
Act''.
(b) Individuals With Disabilities Education Act.--Section
635(c)(2)(G) of the Individuals with Disabilities Education
Act (20 U.S.C. 1435(c)(2)(G)) is amended by striking
``section 320 of the Family Violence Prevention and Services
Act'' and inserting ``section 302 of the Family Violence
Prevention and Services Act''.
(c) Omnibus Crime Control and Safe Streets Act of 1968.--
Section 2001(c)(2)(A) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(c)(2)(A)) is amended by
striking ``through the Family Violence Prevention and
Services Act (42 U.S.C. 10410 et seq.)'' and inserting
``under section 311 of the Family Violence Prevention and
Services Act''.
(d) Violence Against Women Act of 1994.--Section
40002(a)(26) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)(26)) is amended by striking ``under the
Family Violence Prevention and Services Act (42 U.S.C.
10410(b))'' and inserting ``under sections 302 and 311 of the
Family Violence Prevention and Services Act''.
(e) Violent Crime Control and Law Enforcement Act of
1994.--The portion of section 310004(d) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14214(d))
that pertains to the definition of the term ``prevention
program'' is amended--
(1) in paragraph (20), by striking ``section 40211'' and
inserting ``section 313 of the Family Violence Prevention and
Services Act (relating to a hotline)'';
(2) in paragraph (22), by striking ``section 40241'' and
inserting ``sections 301 through 312 of the Family Violence
Prevention and Services Act''; and
(3) in paragraph (24), by striking ``section 40261'' and
inserting ``section 314 of the Family Violence Prevention and
Services Act (relating to community projects to prevent
family violence, domestic violence, and dating violence)''.
TITLE III--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT
OF 1978
SEC. 301. CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
REFORM.
(a) Findings.--Section 201 of the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978 (42 U.S.C.
5111) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Findings.--Congress finds that--
``(1) on the last day of fiscal year 2009, some 424,000
children were living in temporary foster family homes or
other foster care settings;
``(2) most children in foster care are victims of child
abuse or neglect by their biological parents and their entry
into foster care brought them the additional trauma of
separation from their homes and often their communities;
``(3) on average, children entering foster care have more
physical and mental health needs than do children in the
general population, and some require intensive services
because the children entering foster care--
``(A) were born to mothers who did not receive prenatal
care;
``(B) were born with life-threatening conditions or
disabilities;
``(C) were born addicted to alcohol or other drugs; or
``(D) have HIV/AIDS;
``(4) each year, thousands of children in foster care,
regardless of their age, the size of the sibling group they
are a part of, their racial or ethnic status, their medical
condition, or any physical, mental or emotional disability
they may have, are in need of placement with permanent,
loving, adoptive families;
``(5)(A) States have made important strides in increasing
the number of children who are placed in permanent homes with
adoptive parents and in reducing the length of time children
wait for such a placement; and
``(B) many thousands of children, however, still remain in
institutions or foster homes solely because of legal and
other barriers to such a placement;
``(6)(A) on the last day of fiscal year 2009, there were
115,000 children waiting for adoption;
``(B) children waiting for adoption have had parental
rights of all living parents terminated or the children have
a permanency goal of adoption;
``(C)(i) the average age of children adopted with public
child welfare agency involvement during fiscal year 2009 was
a little more than 6 years; and
``(ii) the average age of children waiting for adoption on
the last day of that fiscal year was a little more than 8
years of age and more than 30,000 of those children were 12
years of age or older; and
``(D)(i) 25 percent of the children adopted with public
child welfare agency involvement during fiscal year 2009 were
African-American; and
``(ii) 30 percent of the children waiting for adoption on
the last day of fiscal year 2009 were African-American;
``(7) adoption may be the best alternative for assuring the
healthy development of children placed in foster care;
``(8) there are qualified persons seeking to adopt such
children who are unable to do so because of barriers to their
placement and adoption; and
[[Page H8128]]
``(9) in order both to enhance the stability of and love in
the home environments of such children and to avoid wasteful
expenditures of public funds, such children--
``(A) should not have medically indicated treatment
withheld from them; or
``(B) be maintained in foster care or institutions when
adoption is appropriate and families can be found for such
children.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``older children, minority children, and'' after
``particularly''; and
(B) by striking paragraph (2) and inserting the following:
``(2) maintain an Internet-based national adoption
information exchange system to--
``(A) bring together children who would benefit from
adoption and qualified prospective adoptive parents who are
seeking such children;
``(B) conduct national recruitment efforts in order to
reach prospective parents for children awaiting adoption; and
``(C) connect placement agencies, prospective adoptive
parents, and adoptive parents to resources designed to reduce
barriers to adoption, support adoptive families, and ensure
permanency; and''.
(b) 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) in subsection (a), by striking all that follows
``facilitate the adoption of'' and inserting ``older
children, minority children, and children with special needs,
particularly infants and toddlers with disabilities who have
life-threatening conditions, and services to families
considering adoption of children with special needs.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and'' after ``regarding adoption'' and
inserting a comma; and
(ii) by inserting ``, and post-legal adoption services''
after ``adoption assistance programs'';
(B) in paragraph (2), by inserting ``, including efforts to
promote the adoption of older children, minority children,
and children with special needs'' after ``national level'';
(C) in paragraph (7)--
(i) by striking ``study the efficacy of States contracting
with'' and inserting ``increase the effective use of'';
(ii) by striking the comma after ``organizations)'' and
inserting ``by States,'';
(iii) by inserting a comma after ``institutions''; and
(iv) by inserting ``, including assisting in efforts to
work with organizations that promote the placement of older
children, minority children, and children with special
needs'' after ``children for adoption'';
(D) in paragraph (9)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by adding ``and'' after the
semicolon at the end; and
(iii) by adding at the end the following:
``(D) identify best practices to reduce adoption disruption
and termination;''; and
(E) in paragraph (10)--
(i) in the matter preceding subparagraph (A), by inserting
``tribal child welfare agencies,'' after ``local government
entities,''; and
(ii) in subparagraph (A)--
(I) in clause (ii), by inserting ``, including developing
and using procedures to notify family and relatives when a
child enters the child welfare system'' before the semicolon
at the end;
(II) by redesignating clauses (vii) and (viii) as clauses
(viii) and (ix), respectively; and
(III) by inserting after clause (vi) the following:
``(vii) education and training of prospective adoptive or
adoptive parents;''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking the second sentence and
all that follows; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the second sentence, by inserting ``, consistent
with the purpose of this title'' after ``by the Secretary'';
and
(II) by striking the third sentence and inserting the
following: ``Each application shall contain information
that--
``(i) describes how the State plans to improve the
placement rate of children in permanent homes;
``(ii) describes the methods the State, prior to submitting
the application, has used to improve the placement of older
children, minority children, and children with special needs,
who are legally free for adoption;
``(iii) describes the evaluation the State plans to
conduct, to identify the effectiveness of programs and
methods of placement under this subsection, and submit to the
Secretary; and
``(iv) describes how the State plans to coordinate
activities under this subsection with relevant activities
under section 473 of the Social Security Act (42 U.S.C.
673).'';
(ii) in subparagraph (B)(i), by inserting ``older children,
minority children, and'' after ``successful placement of'';
and
(iii) by adding at the end the following:
``(C) Evaluation.--The Secretary shall compile the results
of evaluations submitted by States (described in subparagraph
(A)(iii)) and submit a report containing the compiled results
to the appropriate committees of Congress.''.
(c) Authorization of Appropriations.--Section 205 of the
Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (42 U.S.C. 5115) is amended--
(1) in subsection (a)--
(A) by striking ``2004'' and inserting ``2010''; and
(B) by striking ``2005 through 2008'' and inserting ``2011
through 2015'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Not less than 30 percent and not more than 50 percent
of the funds appropriated under subsection (a) shall be
allocated for activities under subsections (b)(10) and (c) of
section 203.''.
TITLE IV--ABANDONED INFANTS ASSISTANCE ACT OF 1988
SEC. 401. ABANDONED INFANTS ASSISTANCE.
(a) Findings.--Section 2 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 5117aa) is amended--
(1) in paragraph (4), by striking ``including those'' and
all that follows through `` `AIDS')'' and inserting
``including those with HIV/AIDS''; and
(2) in paragraph (5), by striking ``acquired immune
deficiency syndrome'' and inserting ``HIV/AIDS''.
(b) Repeal.--Title II of the Abandoned Infants Assistance
Act of 1988 (Public Law 100-505; 102 Stat. 2536) is repealed.
(c) Definitions.--Section 301 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 5117aa-21) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(d) Authorization of Appropriations.--Section 302 of the
Abandoned Infants Assistance Act of 1988 (42 U.S.C. 5117aa-
22) is amended--
(1) in subsection (a)(1)--
(A) by striking ``2004'' and inserting ``2010''; and
(B) by striking ``2005 through 2008'' and inserting ``2011
through 2015''; and
(2) in subsection (b)(2), by striking ``fiscal year 2003''
and inserting ``fiscal year 2010''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from the
Northern Mariana Islands (Mr. Sablan) and the gentleman from Kentucky
(Mr. Guthrie) each will control 20 minutes.
The Chair recognizes the gentleman from the Northern Mariana Islands.
General Leave
Mr. SABLAN. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on Senate
bill 3817 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from the Northern Mariana Islands?
There was no objection.
Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise today in support of Senate bill 3817, as amended,
which reauthorizes and improves the Child Abuse Prevention and
Treatment Act, the Family Violence Prevention and Services Act, the
Adoption Opportunities Act, and the Abandoned Infants Assistance Act.
These programs are critical to our Nation's effort to help some of the
Nation's most vulnerable children.
Child abuse and neglect continues to be a significant problem in this
country. In 2008, approximately 772,000 children were determined to be
victims of child abuse and neglect, and an estimated 1,740 children
died in 2009 as a result of child abuse. A report of child abuse is
made every 10 seconds in the United States.
In addition to suffering physical and emotional harm, children who
experience abuse or neglect are more likely to have developmental
delays, have difficulties in school, be arrested as juveniles and later
as adults, experience depression, anxiety or other mental health
problems, engage in more health-risk behaviors as adults, and have poor
health outcomes as adults.
In 1974, Congress enacted the Child Abuse Prevention and Treatment
Act, or CAPTA, to create a single Federal focus for preventing and
responding to child abuse and neglect. That landmark legislation helped
establish minimum standards for specific reporting and response
practices for States to include in their child protection laws. CAPTA
remains the only Federal legislation exclusively dedicated to
preventing, assessing, identifying, and treating child abuse and
neglect.
In order to receive grant funds under the act, States are required to
have procedures in place for receiving and responding to allegations of
abuse or neglect and for ensuring children's safety. Since its
enactment, CAPTA has been reauthorized numerous times, more recently by
the Keeping Children and Families Safe Act of 2003. Currently, it
authorizes three critical programs. These include formula grants to
States to help improve their child protective services, competitive
grants to prevent and treat child abuse and neglect, and formula grants
to States for
[[Page H8129]]
support of community-based prevention services. In addition, CAPTA
authorizes formula State grants, commonly referred to as the Children's
Justice Act grants, to improve the prosecution and handling of child
abuse and neglect cases.
This CAPTA reauthorization works to support and expand the use of
evidence-based best practices in the field of child welfare, and makes
changes to encourage States to adopt a differential response model in
working with at-risk families and in preventing and intervening in
cases of child abuse or neglect. Differential response allows child
welfare agencies to intervene with families in more supportive ways,
often by focusing or assessing families' strengths and needs and
providing services. Research shows this approach can be less disruptive
and more supportive to families, leading to safer and stronger homes
for children.
The bill improves the Community-Based Child Abuse Prevention, CBCAP,
program to encourage a greater child and family voice in planning
efforts. Additionally, the bill takes steps to improve research on how
to prevent child abuse and neglect in tribal families, enhance access
to grants for tribes and tribal organizations, and expands the
involvement of tribal leaders in advisory roles.
{time} 1310
Thanks to Subcommittee Chair Mrs. McCarthy's leadership on the issue,
the bill before us also ensures fewer children will fall through the
cracks by improving services when there are cross-jurisdictional
complications.
Also included in this legislation is a reauthorization of the Family
Violence Prevention and Services Act. FVPSA is the primary Federal
funding stream for domestic violence shelters and direct services to
victims of domestic violence and their children. Over 2,000 shelters
and programs receive grant funding under this statute.
With this reauthorization, FVPSA will better meet the needs of
children exposed to domestic violence, including those exposed to teen
dating violence or abuse. The bill also expands capacity for the
National Domestic Violence Hotline, which provides a toll-free 24-hour
hotline to offer assistance and referrals to victims of domestic
violence and their families.
This bill reflects some of the language from H.R. 4116 reauthorizing
FVPSA, of which I am an original cosponsor. It will strengthen the
Coalition Against Domestic and Sexual Violence in the Northern Mariana
Islands and similar groups working to help victims in the other U.S.
insular areas.
These nongovernmental organizations provide shelter, counseling, and
intervention and prevention services. But for island jurisdictions like
the Northern Marianas, providing this help can be difficult. We have
three main inhabited islands, and services available on one are not
readily available on the others. Passage of S. 3817 will allow for
establishment of shelters on each of the three islands to provide
temporary protection for victims. Currently, the single shelter on the
island of Saipan is inaccessible to victims who are living on the
islands of Tinian and Rota.
I want to thank Representative Gwen Moore and her staff for working
closely with me to help ensure that insular areas are able to provide
protection to victims of domestic violence, as we do in the rest of the
United States. Education and Labor Committee Chairman George Miller has
also been a strong supporter. I also want to thank the sponsor of the
Senate bill, Senator Chris Dodd, for his leadership in bringing this
important legislation to the House, as well as Senators Daniel Inouye,
Daniel Akaka and Jeff Bingaman, and Senate Health, Education, Labor,
and Pensions Committee Chairman Tom Harkin for working to ensure that
help is available for victims of sexual and domestic assault anywhere
in America.
Finally, I want to thank Mr. Kline for working with us to complete
this important reauthorization.
Mr. Speaker, I ask my colleagues to join me in supporting Senate bill
3817 to reauthorize the Child Abuse Prevention and Treatment Act and
Family Violence Prevention and Services Act.
I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of Senate bill 3817, the Child Abuse Prevention and
Treatment Act Reauthorization of 2010.
This bill reauthorizes the Child Abuse Prevention and Treatment Act,
the Family Violence Prevention and Services Act, and the Adoption
Opportunities Act. This is a narrowly tailored and responsible
reauthorization for these important laws to update and improve these
programs that help protect children and their families from violence.
This bill maintains current funding reauthorization levels and does
not add any new programs. It does, however, make some good policy
changes that will help protect children in need, help abused and
neglected children with special needs find new families faster, and
help local governments coordinate efforts to protect these children
better.
One of the policy changes made in this bill is to support training
and collaboration between child protective services and domestic
violence service providers. This collaboration will help prevent child
abuse and neglect through initiatives such as differential response,
which allows professionals to assess children and families' needs
without requiring a determination that a maltreatment has occurred.
This legislation also includes training for professionals on best
practices to meet the needs of children with disabilities and supports
better links between child protective services and disability groups to
improve diagnosis and assistance to these children.
The bill provides technical assistance and training on domestic
violence to State and local agencies and puts an increased emphasis on
prevention of family violence, including dating violence.
This bill is a responsible reauthorization that modernizes these
important programs and does so without increasing the authorization
levels or adding new Federal programs. This reauthorization will help
States and local governments protect our most vulnerable citizens
through better coordination and training.
This is a good, responsible reauthorization, and I urge my colleagues
to support it.
I reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I am pleased to yield at this time 2 minutes
to the gentlewoman from New York (Mrs. McCarthy), the chair of the
Subcommittee on Healthy Families.
Mrs. McCARTHY of New York. I want to thank my colleagues, Mr. Sablan
and Mr. Guthrie, for supporting this. I rise in support of S. 3817, the
Child Abuse Prevention and Treatment Reauthorization of 2010. First, I
want to thank Chairman Miller and Ranking Member Kline for their hard
work, and certainly the staff who have worked very hard on this issue
also. I also want to thank Senators Harkin and Dodd for their
leadership on getting this bill through the Senate.
Abuse, neglect, and fatalities are significant concerns for all of us
in this Nation, and I am proud that we are addressing this today.
As a nurse for over 30 years, I have seen firsthand the risks and
illnesses that can result due to abuse and neglect. A concern which
surfaced during the hearing in my subcommittee when we held a hearing
on this topic was that child abuse does not respect State lines. As a
result of the hearing, I introduced a bill called Protecting Children
Across State Lines Act. I am proud to have provisions of my bill
included in the CAPTA legislation.
My provisions do two things. One, they require data to be collected
showing which reports are screened out on the basis of multiple State
authorities being involved. Two, they clarify that the State task force
recommendations for comprehensive protection of children should address
issues in which multiple State authorities are involved.
We know that children who experience or witness abuse or neglect have
their sense of security, trust, and safety shaken to the core. Studies
show that young children are more likely to be reported as victims. The
maltreatment rate for infants is 21 percent compared to 13 percent for
children of ages 1-3. Neglect is one of the most troublesome problems
that we face in this area.
In fact, more than 60 percent of children who come to the attention
of child welfare authorities are victims of neglect. Sometimes these
cases of neglect happen due to the simple fact
[[Page H8130]]
that parents need assistance. These parents are not monsters, they just
need to be connected with available services or need help with basic
parenting skills. We know from studies that the impact of chronic,
long-term neglect is devastating to the development of children.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SABLAN. I yield the gentlewoman 30 additional seconds.
Mrs. McCARTHY of New York. Victims of abuse and neglect are more
likely to have delays with language or cognitive skills. They are more
likely to be arrested for truancy. We also know they have poor health
outcomes as adults.
Over 35 years ago, Congress enacted CAPTA to create a single Federal
focus on child abuse and neglect. The rates of physical abuse have
decreased in recent years, but the rates of neglect have remained
constant. Difficult financial times can lead to violence, and victims
with fewer personal resources become more vulnerable.
Mr. Speaker, I urge all of my colleagues to vote for this bill. This
is for the children of this Nation. I urge Members to support S. 3817.
Mr. GUTHRIE. Mr. Speaker, I have no speakers at this time, and I
continue to reserve.
Mr. SABLAN. Mr. Speaker, at this time I am pleased to yield 3 minutes
to the gentlewoman from Wisconsin (Ms. Moore).
Ms. MOORE of Wisconsin. Mr. Speaker, I thank Representative Sablan
for yielding. I am just so overjoyed to be rising today to celebrate
the imminent passage of the Family Violence Prevention and Services
Act, or FVPSA, as well as the passage of CAPTA, the Child Abuse
Prevention and Treatment Act.
By taking swift action to pass these bills before the end of the
year, we are taking a stand to protect victims of domestic violence as
well as children who are victims of abuse. We are also taking landmark
steps to help break the cycle of abuse for generations to come.
I want to pause here to personally thank Chairman George Miller of
the Education and Labor Committee and Senator Chris Dodd. I have worked
so hard to bring attention to these bills, and I have been fortunate
enough to have strong allies in these two chairmen, both of whom are
extremely committed to these causes. I have had the honor of being the
lead sponsor and champion for FVPSA in the House, but I certainly
wouldn't be celebrating here today without the good work of Chairman
Miller and Senator Dodd.
{time} 1320
I also need to acknowledge and thank the many advocates and victim
service providers who helped shape this legislation and who rallied
support at key moments, particularly the advocates for the National
Network to End Domestic Violence and the Wisconsin Coalition Against
Domestic Violence.
Now, in spite of the fact that we have made great progress towards
acknowledging that domestic violence is a crime, a crisis and a threat
to public health, we have got such a long way to go. One in four women
in this country experiences domestic violence in her life. Every day in
this country, an average of three women are killed by a current or
former intimate partner. In my State alone, deaths from domestic
violence are the highest in a decade, and approximately 15.5 million
children are exposed to domestic violence each year. In fact, one-half
to two-thirds of domestic violence shelter residents are children.
The women and men who are victimized live in each and every one of
your congressional districts. They come from all walks of life
regardless of socioeconomic status, ethnicity, religion or partisan
affiliation. They are members of our families; they are friends; they
are neighbors; they are coworkers. As well, some in this room have been
victims and survivors of this violence.
Since the economic downturn started, we have been hearing more and
more horror stories from the shelters and service providers. The
economy has been making bad situations worse for an increasing number
of victims, many of whom have few resources on which to rely in order
to flee their abusers.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. SABLAN. Mr. Speaker, I yield another 30 seconds to the
gentlewoman.
Ms. MOORE of Wisconsin. We have said that FVPSA keeps the lights on
for these programs, and it has always done a great job. The beautiful
thing about this program is that the reauthorization authorizes more
activities to help us better treat children, in particular, who are
traumatized by this violence.
Mr. GUTHRIE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. SABLAN. Mr. Speaker, at this time, I am pleased to yield such
time as he may consume to the gentleman from California (Mr. George
Miller).
Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong
support of S. 3817, the Child Abuse Prevention and Treatment
Reauthorization Act of 2010.
The Child Abuse Prevention and Treatment Reauthorization Act is the
only Federal legislation exclusively dedicated to preventing,
assessing, identifying, and treating the effects of child abuse and
neglect. This reauthorization includes a number of important reforms
for more use of the best practices in the child welfare system.
First, the bill focuses on the vulnerable populations, unaccompanied
homeless children, as well as children with disabilities. Second, the
bill improves and strengthens data collection and analysis to improve
the State coordination of overall services to help prevent child abuse.
Third, we improve the training of people who work with abused or
neglected children to ensure that best practices are followed, that
families remain whole, when possible, and that children are removed
from dangerous situations when needed.
This Democratic Congress has taken swift action in the past to
address issues of the safety of our children in school, in child care
and in treatment facilities. It is clear we need to do more to help our
children in their homes. This bill will also address domestic violence
by reauthorizing the Family Violence Prevention and Services Act.
I want to thank the gentlewoman who just preceded me in the well,
Congresswoman Gwen Moore, for her leadership and efforts to highlight
this important issue.
It is a sad reality that, during economic downturns, domestic
violence occurrences happen more frequently. We know that nearly one in
four women is abused by a partner in her adult life, that three women
are killed by their partners every day in this country, and that 15.5
million children are exposed to domestic violence each year. We know
that women between the ages of 16 and 24 are at the greatest risk of
being victims of domestic violence. That is why this legislation is so
important and why we allow dating violence victims to be recognized as
recipients of services under this legislation.
It is very important in this legislation to protect women from this
violence. It was over 30 years ago when I visited the first Shelter for
Victims of Domestic Violence in the San Francisco Bay Area. It was
started by women in order to help protect women and to try to get them
services. Later, there came to this Congress a first appropriation for
services to shelters--protecting women from domestic violence
situations and trying to show them how, if necessary, they would be
able to live independently or that shelters would be able to provide
counseling for their abusers and would see whether or not children
could be protected.
That was a long time ago. We have come a long way in this country.
This legislation is incredibly important, and we must continue this
effort of protecting these most vulnerable partners who are abused in
their relationships on an everyday basis in this country--still in
numbers far too great for us to consider that this problem has been
solved.
I want to thank Congressmen Kline, Guthrie, Platts, and others for
their help on this legislation; and I want to thank Carolyn McCarthy,
the subcommittee chair, for all of her work and all of her concern that
she has expressed and devoted her time to with respect to both the
issues of child abuse and of domestic violence, issues that resulted in
this legislation.
I hope, with these quick few changes, we will be able to send this
back to the Senate and that they will support it.
[[Page H8131]]
I want to thank the gentleman from the Northern Mariana Islands for
managing this very important piece of legislation on behalf of the
committee.
Mr. STARK. Mr. Speaker, I rise to support the reauthorization of the
Child-Abuse Prevention and Treatment Act. This bill strengthens our
ability to identify, treat, and prevent the abuse and neglect of
children and will open more good homes to foster children. This
legislation also includes the Family Violence Prevention and Services
Act, which recognizes the common co-occurrence of child abuse and
domestic violence and provides resources to states to address both.
The Adoption Opportunities Act included in this bill focuses on the
needs of older youth and minority youth in our child welfare system.
More than 400,000 youth are in foster care in America. About 115,000
are awaiting adoption. More than one-quarter of those waiting for a
family are over the age of twelve. However, the vast majority of those
adopted are children under the age of nine. Older youth wait in the
child welfare system for a long time, with the chance of being adopted
decreasing every day. Many of these youth--over 25,000 each year--age
out of the system without a permanent family to support their
transition to young adulthood. Too often, these youth end up homeless,
unemployed, or incarcerated.
I applaud the focus on these older youth. This bill authorizes
national recruitment efforts to reach prospective adoptive parents,
establishes an Internet-based national adoption information exchange
system to bring together children up for adoption and qualified
adoptive parents, and connects agencies and families to resources that
will reduce barriers to adoption.
We must do all we can to increase adoption. Earlier this year, I
introduced a bill, the Every Child Deserves a Family Act (H.R. 3827),
which would further reduce barriers to adoption by preventing
discrimination against prospective adoptive parents or foster parents
solely on the basis of their sexual orientation, gender identification,
or martial status. I look forward to continuing to work on reforming
our child welfare system in the next Congress and I urge my colleagues
to support S. 3817 and to stand with me to protect children.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of the
Child Abuse Prevention and Treatment Act (CAPTA) of 2010, a bill that
will make significant improvements for a range of programs,
initiatives, and grants to support our mission to combat and remedy
child abuse in America.
I want to thank the Chairman of the Committee on Education and Labor,
my good friend, Mr. George Miller, and all the members of the Committee
for their work on this comprehensive legislation, and to my colleagues
for their work in advocating for the needs of our young constituents
who do not have the opportunity to advocate for themselves.
This bill reauthorizes--through FY2015--the current CAPTA legislation
as well as the Family Violence Prevention and Services Act (FVPSA), the
Adoption Reform Act of 1978, and the Abandoned Infants Assistance Act
of 1988, and covers a range of programs that address child abuse and
neglect, family, domestic, and dating violence, as well as adoption.
As we all know, child abuse is an epidemic that has far-reaching
effects past the incidence of abuse or neglect. Without the proper
support, victims of abuse are at high risk for depression, anxiety,
being arrested as juveniles, among other negative outcomes.
Unfortunately, while prevention efforts have led to a decrease in
reported incidents over the past decade, we still know that for every
report of child abuse, there are far more unreported incidents and
children without help.
Originally enacted in 1974, CAPTA is the key federal legislation
addressing child abuse and neglect. Since enactment, CAPTA has played a
vital role in assisting state and local governments in their efforts to
not only treat, but also prevent child abuse. CAPTA has provided grants
to states to support community-based programs and child protective
services (CPS), and has boosted efforts in evaluating these programs
through data collection, research, analysis, and training.
Through reauthorization, this legislation will improve how child
abuse prevention and treatment programs are administered. To help
ensure that the needs of America's children are being met, this bill
will revise requirements for the child abuse prevention and treatment
advisory board, the national clearinghouse for information relating to
child abuse, research and assistance activities, as well as specified
grants to States, Indian tribes or tribal organizations, public and
private agencies and organizations.
Under the CAPTA Act, this bill will also strengthen state laws in
terms of reporting; require increased efforts in research and studies
to ensure that state laws are properly serving the needs of victims of
abuse; and address challenging issues such as protecting children from
cross-jurisdictional complication. Regarding FVPSA programs and
activities, this bill will also expand grant opportunities, including
programs for teen dating violence hotlines to further address the call
for more support for young victims of abuse across the nation.
Concerning adoption regulations, this bill also improves the focus on
finding qualified families for adoption of children with special needs.
The scars of child abuse can be long-lasting, affecting not only the
child and family, but also society as a whole. Therefore, it is
essential that we pass this crucial legislation to improve the
services, information, research, and resources that are deeply needed
to better serve America's children.
The CAPTA Reauthorization Act of 2010 is a step towards improving and
strengthening prevention efforts and support for victims of abuse.
Through this bill, we will improve the ongoing efforts of the Federal
Government to combat this issue, and we will also continue to
strengthen and support the vital State, local, and community-based
efforts that serve America's children day by day. I urge my colleagues
to vote ``yes'' and support this important legislation.
Mr. GUTHRIE. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SABLAN. Mr. Speaker, I urge my colleagues to support Senate bill
3817, as amended, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hodes). The question is on the motion
offered by the gentleman from the Northern Mariana Islands (Mr. Sablan)
that the House suspend the rules and pass the bill, S. 3817, as
amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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