[House Report 107-403]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-403

======================================================================



 
             KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002

                                _______
                                

 April 11, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Boehner, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

                       ADDITIONAL MINORITY VIEWS

                        [To accompany H.R. 3839]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 3839) to reauthorize the Child Abuse 
Prevention and Treatment Act, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Keeping Children and Families Safe Act 
of 2002''.

          TITLE I--CHILD ABUSE PREVENTION AND RELATED PROGRAMS

 Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act

                       CHAPTER 1--GENERAL PROGRAM

SEC. 101. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

  Section 102 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5102) is repealed.

SEC. 102. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD 
                    ABUSE.

  (a) Functions.--Section 103(b)(1) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5104(b)(1)) is amended by striking ``all 
programs, including private programs, that show promise of success'' 
and inserting ``all effective programs, including private programs, 
that show promise of success and the potential for broad-scale 
implementation and replication''.
  (b) Coordination With Available Resources.--Section 103(c)(1) of such 
Act (42 U.S.C. 5104(c)(1)) is amended--
          (1) in subparagraph (E), by striking ``and'' at the end;
          (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
          (3) by inserting after subparagraph (E) the following:
                  ``(F) collect and disseminate information that 
                describes best practices being used throughout the 
                Nation for making appropriate referrals related to, and 
                addressing, the physical, developmental, and mental 
                health needs of abused and neglected children; and''.

SEC. 103. 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) by redesignating paragraph (2) as paragraph (4);
          (2) by redesignating paragraph (1)(D) as paragraph (2) (and 
        redesignating the corresponding items contained therein 
        accordingly) and moving such paragraph two ems to the left;
          (3) in paragraph (1)--
                  (A) in the first sentence of the matter preceding 
                subparagraph (A), by inserting ``, including 
                longitudinal research,'' after ``interdisciplinary 
                program of research'';
                  (B) in subparagraph (B), by inserting at the end 
                before the semicolon the following: ``, including the 
                effects of abuse and neglect on a child's development 
                and the identification of successful early intervention 
                services or other services that are needed'';
                  (C) in subparagraph (C)--
                          (i) by striking ``judicial procedures'' and 
                        inserting ``judicial systems, including 
                        multidisciplinary, coordinated decisionmaking 
                        procedures''; and
                          (ii) by striking ``and'' at the end; and
                  (D) by adding at the end the following:
                  ``(D) the evaluation and dissemination of best 
                practices consistent with the goals of achieving 
                improvements in the child protective services systems 
                of the States in accordance with paragraphs (1) through 
                (12) of section 106(a);
                  ``(E) effective approaches to interagency 
                collaboration between the child protection system and 
                the juvenile justice system that improve the delivery 
                of services and treatment, including methods for 
                continuity of treatment plan and services as children 
                transition between systems;
                  ``(F) an evaluation of the redundancies and gaps in 
                the services in the field of child abuse and neglect 
                prevention in order to make better use of resources; 
                and
                  ``(G) the information on the national incidence of 
                child abuse and neglect specified in subparagraphs (A) 
                through (K) of paragraph (2).'';
          (4) in paragraph (2) (as redesignated)--
                  (A) by striking the matter preceding subparagraph (A) 
                (as redesignated) and inserting ``The Secretary shall 
                conduct research on the national incidence of child 
                abuse and neglect, including--'';
                  (B) in subparagraph (H) (as redesignated), by 
                striking ``and'' at the end;
                  (C) by redesignating subparagraph (I) (as 
                redesignated) as subparagraph (J); and
                  (D) by inserting after subparagraph (H) the 
                following:
                  ``(I) the incidence and prevalence of child 
                maltreatment by reason of family structure, including 
                the living arrangement of the resident parent, family 
                income, and family size; and'';
          (5) by inserting after paragraph (2) (as redesignated) the 
        following:
          ``(3) Report.--Not later than 4 years after the date of the 
        enactment of the Keeping Children and Families Safe Act of 
        2002, the Secretary shall prepare and submit to the Committee 
        on Education and the Workforce of the House of Representatives 
        and the Committee on Health, Education, Labor and Pensions of 
        the Senate a report that contains the results of the research 
        conducted under paragraph (2).''; and
          (6) in paragraph (4) (as redesignated), by amending 
        subparagraph (B) to read as follows:
          ``(B) The Secretary shall, every two years, provide 
        opportunity for public comment of such proposed priorities and 
        provide for an official record of such public comment.''.
  (b) Provision of Technical Assistance.--Section 104(b) of such Act 
(42 U.S.C. 5105(b)) is amended--
          (1) in paragraph (1), by inserting ``, including replicating 
        successful program models,'' after ``and carrying out programs 
        and activities''; and
          (2) in paragraph (2)--
                  (A) in subparagraph (B), by striking ``and'' at the 
                end;
                  (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(D) effective approaches being utilized to link 
                child protective service agencies with health care, 
                mental health care, and developmental services to 
                improve forensic diagnosis and health evaluations, and 
                barriers and shortages to such linkages.''.

SEC. 104. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE ORGANIZATIONS 
                    FOR DEMONSTRATION PROGRAMS AND PROJECTS.

  (a) Demonstration Programs and Projects.--Section 105(a) of the Child 
Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``and'' at the end of subparagraph 
                (B);
                  (B) by striking the period at the end of subparagraph 
                (C) and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(D) for training to support the enhancement of 
                linkages between child protective service agencies and 
                health care agencies, including physical and mental 
                health services, to improve forensic diagnosis and 
                health evaluations and for innovative partnerships 
                between child protective service agencies and health 
                care agencies that offer creative approaches to using 
                existing Federal, State, local, and private funding to 
                meet the health evaluation needs of children who have 
                been subjects of substantiated cases of child abuse or 
                neglect;
                  ``(E) for the training of personnel in best practices 
                to promote collaboration with the families from the 
                initial time of contact during the investigation 
                through treatment; and
                  ``(F) for the training of personnel regarding the 
                legal duties of such personnel.'';
          (2) in paragraph (2), by striking ``(such as Parents 
        Anonymous)''; and
          (3) in paragraph (3)--
                  (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i)--
                                  (I) by striking ``responding to 
                                reports'' and inserting ``addressing 
                                the prevention and treatment''; and
                                  (II) by striking ``including'' and 
                                all that follows through ``triage 
                                system'' and inserting ``, including 
                                community-based organizations, national 
                                entities, collaborative partnerships 
                                between State child protective service 
                                agencies, statewide child abuse 
                                prevention and treatment organizations, 
                                law enforcement agencies, substance 
                                abuse treatment entities, health care 
                                entities, domestic violence prevention 
                                entities, mental health services 
                                entities, developmental disability 
                                agencies, community social service 
                                agencies, family support programs, 
                                schools, religious organizations, and 
                                other entities to allow for the 
                                establishment of a triage system''; and
                          (ii) in clause (iii), by striking ``child's 
                        safety is in jeopardy'' and inserting ``child's 
                        safety and health are in jeopardy''; and
                  (B) by adding at the end the following:
                  ``(D) Linkages between child protective service 
                agencies and public health, mental health, and 
                developmental disabilities agencies.--The Secretary may 
                award grants to entities that provide linkages between 
                State or local child protective service agencies and 
                public health, mental health, and developmental 
                disabilities agencies, for the purpose of establishing 
                linkages that are designed to help assure that a 
                greater number of substantiated victims of child 
                maltreatment have their physical health, mental health, 
                and developmental needs appropriately diagnosed and 
                treated.''.
  (b) Discretionary Grants.--Section 105(b) of such Act (42 U.S.C. 
5106(b)) is amended--
          (1) by redesignating paragraphs (4) and (5) as paragraphs (5) 
        and (6), respectively; and
          (2) by inserting after paragraph (3) the following:
          ``(4) Programs based within children's hospitals, or other 
        pediatric and adolescent care facilities, that provide model 
        approaches for improving medical diagnosis of child abuse and 
        neglect and for health evaluations of children for whom a 
        report of maltreatment has been substantiated.''.
  (c) Evaluation.--Section 105(c) of such Act (42 U.S.C. 5106(c)) is 
amended--
          (1) in the second sentence, by inserting ``or contract'' 
        after ``or as a separate grant''; and
          (2) by adding at the end the following: ``In the case of an 
        evaluation performed by the recipient of a demonstration grant, 
        the Secretary shall make available technical assistance for the 
        evaluation, where needed, to ensure a rigorous application of 
        scientific evaluation techniques.''.

SEC. 105. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND 
                    TREATMENT PROGRAMS.

  (a) Development and Operation Grants.--Section 106(a) of the Child 
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended--
          (1) in paragraph (3)--
                  (A) by inserting ``, including ongoing case 
                monitoring,'' after ``case management''; and
                  (B) by inserting ``and treatment'' after ``and 
                delivery of services'';
          (2) in paragraph (4)--
                  (A) by striking ``automation'' and inserting 
                ``management information and technology''; and
                  (B) by adding at the end before the semicolon the 
                following: ``, including to support the ability of 
                States to collect information for the National Child 
                Abuse and Neglect Data System'';
          (3) in paragraph (5), by adding at the end before the 
        semicolon the following: ``, including training regarding best 
        practices to promote collaboration with the families and the 
        legal duties of such individuals'';
          (4) by redesignating paragraphs (6) through (9) as paragraphs 
        (7) through (10), respectively;
          (5) by inserting after paragraph (5) the following:
          ``(6) improving the quality and availability of individuals 
        providing services to children and families, and the 
        supervisors of such individuals, through the child protection 
        system, including improvements in the recruitment and retention 
        of caseworkers;''
          (6) by redesignating paragraphs (8) through (10) (as 
        redesignated) as paragraphs (9) through (11), respectively;
          (7) by inserting after paragraph (7) the following:
          ``(8) developing and delivering information to improve public 
        education relating to the role and responsibilities of the 
        child protection system and the nature and basis for reporting 
        suspected incidents of child abuse and neglect;'';
          (8) by striking ``or'' at the end of paragraph (10) (as 
        redesignated);
          (9) by redesignating paragraph (11) (as redesignated) as 
        paragraph (12);
          (10) by inserting after paragraph (10) the following:
          ``(11) promoting partnerships between public agencies and 
        community-based organizations to provide child abuse and 
        neglect prevention and treatment services, including linkages 
        with education systems and health care systems (including 
        mental health systems);'';
          (11) by striking the period at the end of paragraph (12) (as 
        redesignated) and inserting a semicolon; and
          (12) by adding at the end the following:
          ``(13) supporting and enhancing interagency collaboration 
        between the child protection system and the juvenile justice 
        system for improved delivery of services and treatment, 
        including methods for continuity of treatment plan and services 
        as children transition between systems; or
          ``(14) supporting and enhancing collaboration among public 
        health agencies, the child protection system, and private 
        community-based programs to address the health needs of 
        children identified as abused or neglected, including 
        supporting prompt, comprehensive health and developmental 
        evaluations for children who are the subject of substantiated 
        child maltreatment reports.''.
  (b) Eligibility Requirements.--
          (1) State plan.--Section 106(b)(1)(B) of such Act (42 U.S.C. 
        5106(b)(1)(B)) is amended--
                  (A) by striking ``provide notice to the Secretary of 
                any substantive changes'' and inserting the following: 
                ``provide notice to the Secretary of--
                          ``(i) any substantive changes'';
                  (B) by striking the period at the end and inserting 
                ``; and''; and
                  (C) by adding at the end the following:
                          ``(ii) any significant changes to how funds 
                        provided under this section are used to support 
                        the activities which may differ from the 
                        activities as described in the current State 
                        application.''.
          (2) Coordination.--Section 106(b)(2)(A) of such Act (42 
        U.S.C. 5106a(b)(2)(A)) is amended--
                  (A) by redesignating clauses (ii) through (xiii) as 
                clauses (iii) through (xiv), respectively;
                  (B) by inserting after clause (i) the following:
                          ``(ii) policies and procedures to address the 
                        needs of infants born and identified with fetal 
                        alcohol effects, fetal alcohol syndrome, 
                        neonatal intoxication or withdrawal syndrome, 
                        or neonatal physical or neurological harm 
                        resulting from prenatal drug exposure, 
                        including--
                                  ``(I) the requirement that health 
                                care providers involved in the delivery 
                                or care of such infants notify the 
                                child protective services system of the 
                                occurrence of such condition in such 
                                infants, except that such notification 
                                shall not be construed to create a 
                                definition under Federal law of what 
                                constitutes child abuse and such 
                                notification shall not be construed to 
                                require prosecution for any illegal 
                                action; and
                                  ``(II) the development of a safe plan 
                                of care for the infant under which 
                                consideration may be given to providing 
                                the mother with health services 
                                (including mental health services), 
                                social services, parenting services, 
                                and substance abuse prevention and 
                                treatment counseling and to providing 
                                the infant with referral to the 
                                statewide early intervention program 
                                funded under part C of the Individuals 
                                with Disabilities Education Act for an 
                                evaluation for the need for services 
                                provided under part C of such Act;'';
                  (C) by redesignating clauses (vi) through (xiv) (as 
                redesignated) as clauses (vii) through (xv), 
                respectively;
                  (D) by inserting after clause (v) (as redesignated) 
                the following:
                          ``(vi) provisions to require a State to 
                        disclose confidential information to any 
                        Federal, State, or local government entity, or 
                        any agent of such entity, that has a need for 
                        such information in order to carry out its 
                        responsibilities under law to protect children 
                        from abuse and neglect;'';
                  (E) in clause (vii)(II) (as redesignated), by 
                striking ``, having a need for such information'' and 
                all that follows through ``abuse and neglect'' and 
                inserting ``as described in clause (vi)'';
                  (F) in clause (xiii) (as redesignated), by striking 
                ``to be effective not later than 2 years after the date 
                of the enactment of this section'';
                  (G) in clause (xiv) (as redesignated)--
                          (i) in the matter preceding subclause (I), by 
                        striking ``to be effective not later than 2 
                        years after the date of the enactment of this 
                        section''; and
                          (ii) in subclause (IV), by striking ``and'' 
                        at the end;
                  (H) in clause (xv) (as redesignated), by striking 
                ``clause (xii)'' each place it appears and inserting 
                ``clause (xiv)''; and
                  (I) by adding at the end the following:
                          ``(xvi) provisions and procedures to require 
                        that a representative of the child protective 
                        services agency shall, at the initial time of 
                        contact with the individual subject to a child 
                        abuse and neglect investigation, advise the 
                        individual of the complaints or allegations 
                        made against the individual, in a manner that 
                        is consistent with laws protecting the rights 
                        of the informant;
                          ``(xvii) provisions addressing the training 
                        of representatives of the child protective 
                        services system regarding their legal duties, 
                        which may consist of procedures to inform such 
                        representatives of such duties, in order to 
                        protect the legal rights of children and 
                        families from the initial time of contact 
                        during the investigation through treatment;
                          ``(xviii) provisions and procedures for 
                        improving the training, retention, and 
                        supervision of caseworkers; and
                          ``(xix) provisions and procedures for 
                        referral of a child under the age of 3 who is 
                        involved in a substantiated case of child abuse 
                        or neglect to the statewide early intervention 
                        program funded under part C of the Individuals 
                        with Disabilities Education Act for an 
                        evaluation for the need of services provided 
                        under part C of such Act.''.
          (3) Limitation.--Section 106(b)(3) of such Act (42 U.S.C. 
        5106a(b)(3)) is amended by striking ``With regard to clauses 
        (v) and (vi) of paragraph (2)(A)'' and inserting ``With regard 
        to clauses (vi) and (vii) of paragraph (2)(A)''.
  (c) Citizen Review Panels; Reports.--Section 106(c) of such Act (42 
U.S.C. 5106a(c)) is amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (A), by striking ``policies and 
                procedures'' and inserting ``policies, procedures, and 
                practices''; and
                  (B) by adding at the end the following:
                  ``(C) Public outreach.--Each panel shall provide for 
                public outreach and comment in order to assess the 
                impact of current procedures and practices upon 
                children and families in the community and in order to 
                meet its obligations under subparagraph (A).''; and
          (2) in paragraph (6), by inserting ``State and'' before 
        ``public''.
  (d) Annual State Data Reports.--Section 106(d) of such Act (42 U.S.C. 
5106a(d)) is amended by adding at the end the following:
          ``(13) The annual report containing the summary of the 
        activities of the citizen review panels of the State required 
        by subsection (c)(6).
          ``(14) The number of children under the care of the State 
        child protection system transferred into the custody of the 
        State juvenile justice system.''.

SEC. 106. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION 
                    AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.

  Section 107(a) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106c(a)) is amended--
          (1) in paragraph (2), by striking ``and'' at the end;
          (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) the handling of cases involving children with 
        disabilities or serious health-related problems who are victims 
        of abuse or neglect.''.

SEC. 107. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

  Section 108 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106d) is amended by adding at the end the following:
  ``(d) Sense of Congress.--It is the sense of Congress that the 
Secretary should encourage all States and public and private agencies 
or organizations that receive assistance under this title to ensure 
that children and families with limited English proficiency who 
participate in programs under this title are provided materials and 
services under such programs in an appropriate language other than 
English.''.

SEC. 108. REPORTS.

  Section 110 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106f) is amended by adding at the end the following:
  ``(c) Study and Report Relating to Citizen Review Panels.--
          ``(1) Study.--The Secretary shall conduct a study by random 
        sample on the effectiveness of the citizen review panels 
        established under section 106(c).
          ``(2) Report.--Not later than 3 years after the date of the 
        enactment of Keeping Children and Families Safe Act of 2002, 
        the Secretary shall submit to the Committee on Education and 
        the Workforce of the House of Representatives and the Committee 
        on Health, Education, Labor and Pensions of the Senate a report 
        that contains the results of the study conducted under 
        paragraph (1).''.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

  (a) General Authorization.--Section 112(a)(1) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read 
as follows:
          ``(1) General authorization.--There are authorized to be 
        appropriated to carry out this title $120,000,000 for fiscal 
        year 2003 and such sums as may be necessary for each of the 
        fiscal years 2004 through 2007.''.
  (b) Demonstration Projects.--Section 112(a)(2)(B) of such Act (42 
U.S.C. 5106h(a)(2)(B)) is amended by striking ``Secretary make'' and 
inserting ``Secretary shall make''.

     CHAPTER 2--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

SEC. 111. PURPOSE AND AUTHORITY.

  (a) Purpose.--Section 201(a)(1) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5116(a)(1)) is amended--
          (1) by striking ``prevention-focused,''; and
          (2) by inserting ``for the prevention of child abuse and 
        neglect'' after ``family resource and support programs''.
  (b) Authority.--Section 201(b) of such Act (42 U.S.C. 5116(b)) is 
amended--
          (1) in paragraph (1)--
                  (A) in the matter preceding subparagraph (A)--
                          (i) by striking ``prevention-focused,''; and
                          (ii) by striking ``family resource and 
                        support programs'' and inserting ``family 
                        support programs for the prevention of child 
                        abuse and neglect'';
                  (B) in subparagraph (F), by striking ``and'' at the 
                end; and
                  (C) by striking subparagraph (G) and inserting the 
                following:
                  ``(G) demonstrate a commitment to meaningful parent 
                leadership, including among parents of children with 
                disabilities, parents with disabilities, racial and 
                ethnic minorities, and members of other 
                underrepresented or underserved groups;
                  ``(H) provide referrals to early health and 
                developmental services; or
                  ``(I) are accessible, effective, culturally 
                appropriate, developmentally appropriate, and built 
                upon existing strengths;''; and
          (2) in paragraph (4)--
                  (A) by inserting ``through leveraging of funds'' 
                after ``maximizing funding'';
                  (B) by striking ``prevention-focused,''; and
                  (C) by striking ``family resource and support 
                program'' and inserting ``family support programs for 
                the prevention of child abuse and neglect''.

SEC. 112. ELIGIBILITY.

  Section 202 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116a) is amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (A)--
                          (i) by striking ``prevention-focused,'';
                          (ii) by striking ``family resource and 
                        support programs,'' and inserting ``family 
                        support programs for the prevention of''; and
                          (iii) by striking ``prevention activities''; 
                        and
                  (B) in subparagraph (B), by inserting ``that exists 
                to strengthen and support families for purposes of 
                preventing child abuse and neglect and'' after 
                ``written authority of the State)'';
          (2) in paragraph (2)(A)--
                  (A) by striking ``family resource and support 
                programs'' and inserting ``family support programs for 
                the prevention of child abuse and neglect''; and
                  (B) by adding at the end before the semicolon the 
                following: ``and parents with disabilities''; and
          (3) in paragraph (3)--
                  (A) by striking ``prevention-focused,'' each place it 
                appears;
                  (B) by striking ``family resource and support 
                programs'' each place it appears and inserting ``family 
                support programs for the prevention of child abuse and 
                neglect'';
                  (C) in subparagraph (C), by striking ``and technical 
                assistance,'' and inserting ``, technical assistance, 
                and evaluation assistance''; and
                  (D) in subparagraph (D), by inserting ``, parents 
                with disabilities,'' after ``children with 
                disabilities''.

SEC. 113. AMOUNT OF GRANT.

  Section 203(b)(1)(B) of the Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5116b(b)(1)(B)) is amended--
          (1) by striking ``as the amount leveraged by the State from 
        private, State, or other non-Federal sources and directed 
        through the'' and inserting ``as the amount of private, State 
        or other non-Federal funds leveraged and directed through the 
        currently designated''; and
          (2) by striking ``the lead agency'' and inserting ``the 
        current lead agency''.

SEC. 114. EXISTING GRANTS.

  Section 204 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5115c) is repealed.

SEC. 115. APPLICATION.

  Section 205 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116d) is amended--
          (1) in paragraphs (1), (2), (4), (8), and (9)--
                  (A) by striking ``prevention-focused,'' each place it 
                appears; and
                  (B) by striking ``family resource and support 
                programs'' each place it appears and inserting ``family 
                support programs for the prevention of child abuse and 
                neglect'';
          (2) in paragraph (2), by striking ``family resource and 
        support services'' and inserting ``family support services'';
          (3) in paragraph (3)--
                  (A) by striking ``an assurance that an inventory of'' 
                and inserting ``a description of the inventory of 
                current unmet needs,'';
                  (B) by striking ``family resource programs'' and 
                inserting ``family support programs'';
                  (C) by striking ``, respite care, child abuse and 
                neglect prevention activities,'' and inserting ``for 
                the prevention of child abuse and neglect, including 
                respite care''; and
                  (D) by striking ``, will be provided'';
          (4) in paragraph (5)--
                  (A) by inserting ``start-up, maintenance, expansion, 
                and redesigning'' after ``other State and local public 
                funds designated for'';
                  (B) by striking ``prevention-focused,''; and
                  (C) by striking ``family resource and support 
                programs'' and inserting ``family support programs for 
                the prevention of child abuse and neglect'';
          (5) in paragraph (7), by striking ``individual community-
        based, prevention-focused, family resource and support 
        programs'' and inserting ``child abuse and neglect prevention 
        programs that are community-based, including family support 
        programs''; and
          (6) in paragraph (11)--
                  (A) by striking ``prevention-focused,''; and
                  (B) by striking ``family resource and support program 
                services'' and inserting ``family support program 
                services for the prevention of child abuse and 
                neglect''.

SEC. 116. LOCAL PROGRAM REQUIREMENTS.

  Section 206(a) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116e(a)) is amended--
          (1) in the matter preceding paragraph (1)--
                  (A) by inserting ``, network,'' after ``expand'';
                  (B) by striking ``prevention-focused,''; and
                  (C) by striking ``family resource and support 
                programs'' and inserting ``family support programs for 
                the prevention of child abuse and neglect'';
          (2) in paragraph (3)(A)--
                  (A) in the matter preceding clause (i), by striking 
                ``family resource and support services'' and inserting 
                ``family support services for the prevention of child 
                abuse and neglect'';
                  (B) in clause (iii), by striking ``and'' at the end; 
                and
                  (C) by adding at the end the following:
                          ``(v) respite care;
                          ``(vi) home visiting; and
                          ``(vii) family support services;''; and
          (3) in paragraph (6)--
                  (A) by striking ``prevention-focused,''; and
                  (B) by striking ``family resource and support 
                program'' and inserting ``family support programs for 
                the prevention of child abuse and neglect''.

SEC. 117. PERFORMANCE MEASURES.

  Section 207 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116f) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``prevention-focused,''; and
                  (B) by striking ``family resource and support 
                programs'' and inserting ``family support programs for 
                the prevention of child abuse and neglect'';
          (2) in paragraph (2), by striking ``, including'' and all 
        that follows through ``section 202'' and inserting ``, such as 
        the services described in section 206(a)(3)(A)'';
          (3) in paragraph (3), by striking ``of new respite care and 
        other specific new family resources services, and the expansion 
        of existing services,'' and inserting ``and the maintenance, 
        enhancement, or expansion of existing services such as those 
        described in section 206(a)(3)(A),''; and
          (4) in paragraph (4)--
                  (A) by inserting ``and parents with disabilities,'' 
                after ``children with disabilities,'';
                  (B) by striking ``evaluation of'' the first place it 
                appears and all that follows through ``under this 
                title'' and inserting ``evaluation of community-based 
                child abuse and neglect prevention programs''; and
          (5) in paragraphs (5), (6), and (8)--
                  (A) by striking ``prevention-focused,'' each place it 
                appears; and
                  (B) by striking ``family resource and support 
                programs'' each place it appears and inserting ``family 
                support programs for the prevention of child abuse and 
                neglect''.

SEC. 118. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE 
                    PROGRAMS.

  Section 208(3) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116g(3)) is amended--
          (1) by striking ``prevention-focused,''; and
          (2) by striking ``family resource and support programs'' and 
        inserting ``family support programs for the prevention of child 
        abuse and neglect''.

SEC. 119. DEFINITIONS.

  (a) Children With Disabilities.--Section 209(1) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by 
striking ``given such term in section 602(a)(2)'' and inserting ``given 
the term `child with a disability' in section 602(3)''.
  (b) Family Resource and Support Program.--Section 209(3) of such Act 
(42 U.S.C. 5116h(3)) is amended--
          (1) in the matter preceding subparagraph (A), by striking ``, 
        prevention-focused'';
          (2) in subparagraph (A)--
                  (A) in the matter preceding clause (i), by striking 
                ``core services'' and inserting ``core child abuse and 
                neglect prevention services'';
                  (B) in clause (i)--
                          (i) by striking ``, together with services'';
                          (ii) by striking ``equality and respect, 
                        and'' and inserting ``equality and respect that 
                        are''; and
                          (iii) by inserting at the end before the 
                        semicolon the following: ``in order to prevent 
                        child abuse and neglect''; and
                  (C) in clause (ii), by striking ``to one another'' 
                and inserting ``for support of one another''; and
          (3) in subparagraph (C)(iii), by striking ``scholastic'' and 
        inserting ``academic''.

SEC. 120. AUTHORIZATION OF APPROPRIATIONS.

  Section 210 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116i) is amended to read as follows:

``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this title 
$80,000,000 for fiscal year 2003 and such sums as may be necessary for 
each of the fiscal years 2004 through 2007.''.

     CHAPTER 3--TECHNICAL AND CONFORMING AMENDMENTS; REDESIGNATIONS

SEC. 121. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Findings.--Section 2(3)(D) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101 note) is amended by striking ``ensures 
properly trained and support staff with specialized knowledge,'' and 
inserting ``ensures staff have proper training and specialized 
knowledge''.
  (b) Title I.--Title I of such Act (42 U.S.C. 5101 et seq.) is amended 
as follows:
          (1) In section 104(d)(1), by striking ``federal agencies'' 
        and inserting ``Federal agencies''.
          (2) In section 105(b), in the matter preceding paragraph (1), 
        by striking ``subsection (b)'' and inserting ``subsection 
        (a)''.
          (3) In section 106(b)(2)--
                  (A) in subparagraph (A), by striking ``Statewide 
                program'' and inserting ``statewide program''; and
                  (B) in subparagraph (B)(iii), by striking ``life 
                threatening'' and inserting ``life-threatening''.
          (4) In section 107(e)(1)(B), 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''.
          (5) By redesignating sections 103 through 113 as sections 102 
        through 112, respectively.
  (c) Title II.--Title II of such Act (42 U.S.C. 5116 et seq.) is 
amended as follows:
          (1) In paragraphs (1) and (4) of section 201(b), paragraphs 
        (1)(A), (3)(A), (3)(B), and (3)(C) of section 202, paragraphs 
        (1) and (5) of section 205, section 206(a)(6), paragraphs (1) 
        and (6) of section 207, and section 208(3), by striking 
        ``Statewide'' each place it appears and inserting 
        ``statewide''.
          (2) In section 205, by redesignating paragraph (13) as 
        paragraph (12).
          (3) In section 207(8), by striking ``community based'' and 
        inserting ``community-based''.
          (4) By redesignating sections 205 through 210 as sections 204 
        through 209, respectively.

SEC. 122. REDESIGNATIONS.

  (a) Redesignations.--
          (1) Title i.--(A) Title I of the Child Abuse Prevention and 
        Treatment Act (42 U.S.C. 5101 et seq.) is amended by striking 
        the heading for such title and inserting the following:

                    ``Subtitle A--General Program''.

          (B) Sections 101 through 112 of such Act (as redesignated) 
        are further redesignated as sections 111 through 122, 
        respectively.
          (2) Title ii.--(A) Title II of such Act is amended by 
        striking the heading for such title and inserting the 
        following:

``Subtitle B--Community-Based Family Support Grants for the Prevention 
                     of Child Abuse and Neglect''.

          (B) Sections 201 through 209 of such Act (as redesignated) 
        are further redesignated as sections 131 through 139, 
        respectively.
  (b) Conforming Amendments.--
          (1) Title heading.--The Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5101 et seq.) is amended by inserting before 
        section 1 the following:

         ``TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT''.

          (2) Short title; table of contents; findings.--(A) Section 1 
        of such Act (42 U.S.C. 5101 note) is amended to read as 
        follows:

``SEC. 101. SHORT TITLE.

  ``This title may be cited as the `Child Abuse Prevention and 
Treatment Act'.''.
          (B) Section 2 of such Act (42 U.S.C. 5101 note) is 
        redesignated as section 102.
          (3) Subtitle a.--Subtitle A of title I of such Act (as 
        redesignated by subsection (a)(1)) is amended as follows:
                  (A) In section 111(b) (as redesignated), by striking 
                ``this Act'' and inserting ``this title'' in the first 
                sentence.
                  (B) In section 112(c)(1)(E) (as redesignated), by 
                striking ``section 105(a)'' and inserting ``section 
                113(a)''.
                  (C) In section 113(b)(2)(C) (as redesignated), by 
                striking ``titles I and II'' and inserting ``this 
                subtitle and subtitle B''.
                  (D) In section 115(b)(2)(A)(vii) (as redesignated), 
                by striking ``Act'' and inserting ``title''.
                  (E) In section 116(b)(1) (as redesignated), by 
                striking ``section 107(b)'' and inserting ``section 
                115(b)''.
                  (F) In section 117 (as redesignated), by striking 
                ``this Act'' each place it appears and inserting ``this 
                title''.
                  (G) In section 118 (as redesignated), by striking 
                ``this Act'' and inserting ``this title''.
                  (H) In section 119(b) (as redesignated), by striking 
                ``section 107'' and inserting ``section 116''.
                  (I) In section 120 (as redesignated), by striking 
                ``this title'' and inserting ``this subtitle''.
                  (J) In section 121 (as redesignated)--
                          (i) by striking ``this title'' each place it 
                        appears and inserting ``this subtitle''; and
                          (ii) in subsection (a)(2)(B), by striking 
                        ``section 106'' and inserting ``section 115''.
                  (K) In section 122(a) (as redesignated), by striking 
                ``this Act'' and inserting ``this title''.
          (4) Subtitle b.--Subtitle B of title I of such Act (as 
        redesignated by subsection (a)(2)) is amended as follows:
                  (A) In section 131 (as redesignated)--
                          (i) by striking ``this title'' each place it 
                        appears and inserting ``this subtitle''; and
                          (ii) in subsection (b)--
                                  (I) in the matter preceding paragraph 
                                (1), by striking ``section 202(1)'' and 
                                inserting ``section 132(1)''; and
                                  (II) in paragraph (3), by striking 
                                ``section 205(a)(3)'' and inserting 
                                ``section 134(a)(3)''.
                  (B) In section 132 (as redesignated)--
                          (i) by striking ``this title'' each place it 
                        appears and inserting ``this subtitle''; and
                          (ii) in paragraph (1)(D) by striking ``such 
                        title'' and inserting ``such subtitle''.
                  (C) In section 133 (as redesignated), by striking 
                ``section 210'' each place it appears and inserting 
                ``section 139''.
                  (D) In section 134 (as redesignated)--
                          (i) by striking ``this title'' each place it 
                        appears and inserting ``this subtitle'';
                          (ii) by striking ``section 202'' each place 
                        it appears and inserting ``section 132''; and
                          (iii) in paragraph (2), by striking ``this 
                        Act'' and inserting ``this title''.
                  (E) In section 135 (as redesignated), by striking 
                ``this title'' each place it appears and inserting 
                ``this subtitle''.
                  (F) In section 136 (as redesignated)--
                          (i) by striking ``this title'' each place it 
                        appears and inserting ``this subtitle'';
                          (ii) in paragraph (2), by striking ``section 
                        206(a)(3)(A)'' and inserting ``section 
                        135(a)(3)(A)''; and
                          (iii) in paragraph (3)--
                                  (I) by striking ``section 
                                206(a)(3)(A)'' and inserting ``section 
                                135(a)(3)(A)''; and
                                  (II) by striking ``section 205(3)'' 
                                and inserting ``section 134(3)''.
                  (G) In section 139 (as redesignated), by striking 
                ``this title'' and inserting ``this subtitle''.

  Subtitle B--Amendments to Other Child Abuse Prevention and Related 
                                Programs

CHAPTER 1--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT 
                                OF 1978

SEC. 131. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

  Section 201(a) of the Child Abuse Prevention and Treatment and 
Adoption Reform Act of 1978 (42 U.S.C. 5111(a)) is amended--
          (1) by striking paragraph (1);
          (2) in paragraph (2)--
                  (A) by striking ``increasingly''; and
                  (B) by striking ``which'' and inserting ``that'';
          (3) by amending paragraph (3) to read as follows:
          ``(3) many such children have special needs because they are 
        born to mothers who did not receive prenatal care, are born 
        with life-threatening conditions or disabilities, are born 
        addicted to alcohol and other drugs, or have been exposed to 
        infection with the etiologic agent for the human 
        immunodeficiency virus;'';
          (4) in paragraph (4)--
                  (A) by striking ``the welfare of'' and inserting 
                ``each year,''; and
                  (B) by striking ``in institutions and foster homes 
                and disabled infants with life-threatening conditions 
                may be in serious jeopardy and some such children'';
          (5) in paragraph (5), by striking ``thousands of'';
          (6) by striking paragraph (6);
          (7) in paragraph (7)--
                  (A) in subparagraph (A)--
                          (i) by striking ``40,000'';
                          (ii) by inserting ``of all races and ages'' 
                        after ``children''; and
                          (iii) by adding ``and'' at the end;
                  (B) in subparagraph (B), by striking ``and'' at the 
                end; and
                  (C) by striking subparagraph (C); and
          (8) by redesignating paragraphs (2), (3), (4), (5), (7), (8), 
        (9), and (10) as paragraphs (1) through (8), respectively.

SEC. 132. INFORMATION AND SERVICES.

  Section 203 of the Child Abuse Prevention and Treatment and Adoption 
Reform Act of 1978 (42 U.S.C. 5113) is amended--
          (1) by striking the section heading and inserting the 
        following:

``SEC. 203. INFORMATION AND SERVICES.'';

          (2) by striking ``Sec. 203. (a) The Secretary'' and inserting 
        the following:
  ``(a) In General.--The Secretary'';
          (3) in subsection (b), by inserting ``Required Activities.--
        '' after ``(b)'';
          (4) in subsection (c)--
                  (A) by striking ``(c)(1) The Secretary'' and 
                inserting the following:
  ``(c) Services for Families Adopting Special Needs Children.--
          ``(1) In general.--The Secretary'';
                  (B) by striking ``(2) Services'' and inserting the 
                following:
          ``(2) Services.--Services''; and
                  (C) in paragraph (2)--
                          (i) by moving subparagraphs (A) through (G) 2 
                        ems to the right;
                          (ii) in subparagraph (F), by striking ``and'' 
                        at the end;
                          (iii) in subparagraph (G), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                          (iv) by adding at the end the following:
                  ``(H) day treatment; and
                  ``(I) respite care.''; and
          (5) in subsection (d)--
                  (A) in paragraph (1), by striking ``component which'' 
                and inserting ``component that'';
                  (B) by striking ``(d)(1) The Secretary'' and 
                inserting the following:
  ``(d) Improving Placement Rate of Children in Foster Care.--
          ``(1) In general.--The Secretary'';
                  (C) by striking ``(2)(A) Each State'' and inserting 
                the following:
          ``(2) Applications; technical and other assistance.--
                  ``(A) Applications.--Each State'';
                  (D) by striking ``(B) The Secretary'' and inserting 
                the following:
                  ``(B) Technical and other assistance.--The 
                Secretary'';
                  (E) in paragraph (2)(B), by moving clauses (i) and 
                (ii) 4 ems to the right;
                  (F) by striking ``(3)(A) Payments'' and inserting the 
                following:
          ``(3) Payments.--
                  ``(A) In general.--Payments''; and
                  (G) by striking ``(B) Any payment'' and inserting the 
                following:
                  ``(B) Reversion of unused funds.--Any payment''.

SEC. 133. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.

  Section 204 of the Child Abuse Prevention and Treatment and Adoption 
Reform Act of 1978 (42 U.S.C. 5114) is amended to read as follows:

``SEC. 204. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.

  ``The Secretary shall conduct research (directly or by grant to, or 
contract with, public or private nonprofit research agencies or 
organizations) about adoption outcomes and the factors affecting those 
outcomes. The Secretary shall submit a report containing the results of 
such research to the appropriate committees of the Congress not later 
than the date that is 36 months after the date of the enactment of the 
Keeping Children and Families Safe Act of 2002.''.

SEC. 134. 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) by striking the section heading and inserting the 
        following:

``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.'';

          (2) by striking ``Sec. 205.'';
          (3) by amending subsection (a) to read as follows:
  ``(a) In General.--There are authorized to be appropriated 
$40,000,000 for fiscal year 2003 and such sums as may be necessary for 
fiscal years 2004 through 2007 to carry out programs and activities 
authorized under this subtitle.''; and
          (4) in subsection (b), by inserting ``Availability.--'' after 
        ``(b)''.

SEC. 135. TRANSFER AND REDESIGNATIONS; CONFORMING AMENDMENTS.

  (a) In General.--Title II of the Child Abuse Prevention and Treatment 
and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.)--
          (1) is amended by striking the title heading;
          (2) is transferred to the Child Abuse Prevention and 
        Treatment Act (42 U.S.C. 5101 et seq.), as amended by subtitle 
        A of this title; and
          (3) is redesignated as subtitle A of title II of such Act.
  (b) Conforming Amendments.--
          (1) Title and subtitle headings; short title.--The Child 
        Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.), as 
        amended, is further amended--
                  (A) by redesignating section 201 as section 202; and
                  (B) by inserting after title I of such Act the 
                following:

     ``TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS

                  ``Subtitle A--Adoption Opportunities

``SEC. 201. SHORT TITLE.

  ``This subtitle may be cited as the `Adoption Opportunities Act of 
2002'.''.
          (2) Title references.--Subtitle A of title II of such Act is 
        amended by striking ``this title'' each place such term appears 
        and inserting ``this subtitle''.

          CHAPTER 2--ABANDONED INFANTS ASSISTANCE ACT OF 1988

SEC. 141. FINDINGS.

  Section 2 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 
670 note) is amended--
          (1) by striking paragraph (1);
          (2) in paragraph (2)--
                  (A) by inserting ``studies indicate that a number of 
                factors contribute to'' before ``the inability of'';
                  (B) by inserting ``some'' after ``inability of'';
                  (C) by striking ``who abuse drugs''; and
                  (D) by striking ``care for such infants'' and 
                inserting ``care for their infants'';
          (3) by amending paragraph (5) to read as follows:
          ``(5) appropriate training is needed for personnel working 
        with infants and young children with life-threatening 
        conditions and other special needs, including those who are 
        infected with the human immunodeficiency virus (commonly known 
        as `HIV'), those who have acquired immune deficiency syndrome 
        (commonly know as `AIDS'), and those who have been exposed to 
        dangerous drugs;'';
          (4) by striking paragraphs (6) and (7);
          (5) in paragraph (8), by inserting ``by parents abusing 
        drugs,'' after ``deficiency syndrome,'';
          (6) in paragraph (9), by striking ``comprehensive services'' 
        and all that follows through the semicolon at the end and 
        inserting ``comprehensive support services for such infants and 
        young children and their families and services to prevent the 
        abandonment of such infants and young children, including 
        foster care services, case management services, family support 
        services, respite and crisis intervention services, counseling 
        services, and group residential home services; and'';
          (7) by striking paragraph (10);
          (8) by amending paragraph (11) to read as follows:
          ``(11) Private, Federal, State, and local resources should be 
        coordinated to establish and maintain such services and to 
        ensure the optimal use of all such resources.''; and
          (9) by redesignating paragraphs (2), (3), (4), (5), (8), (9), 
        and (11) as paragraphs (1) through (7), respectively.

SEC. 142. ESTABLISHMENT OF LOCAL PROGRAMS.

  Section 101 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended--
          (1) by striking the section heading and inserting the 
        following:

``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.''; AND

          (2) by amending subsection (b) to read as follows:
  ``(b) Priority in Provision of Services.--The Secretary may not make 
a grant under subsection (a) unless the applicant for the grant agrees 
to give priority to abandoned infants and young children who--
          ``(1) are infected with, or have been perinatally exposed to, 
        the human immunodeficiency virus, or have a life-threatening 
        illness or other special medical need; or
          ``(2) have been perinatally exposed to a dangerous drug.''.

SEC. 143. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

  Section 102 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended to read as follows:

``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

  ``(a) Evaluations of Local Programs.--The Secretary shall, directly 
or through contracts with public and nonprofit private entities, 
provide for evaluations of projects carried out under section 101 and 
for the dissemination of information developed as a result of such 
projects.
  ``(b) Study and Report on Number of Abandoned Infants and Young 
Children.--
          ``(1) In general.--The Secretary shall conduct a study for 
        the purpose of determining--
                  ``(A) an estimate of the annual number of infants and 
                young children relinquished, abandoned, or found dead 
                in the United States and the number of such infants and 
                young children who are infants and young children 
                described in section 223(b);
                  ``(B) an estimate of the annual number of infants and 
                young children who are victims of homicide;
                  ``(C) characteristics and demographics of parents who 
                have abandoned an infant within 1 year of the infant's 
                birth; and
                  ``(D) an estimate of the annual costs incurred by the 
                Federal Government and by State and local governments 
                in providing housing and care for abandoned infants and 
                young children.
          ``(2) Deadline.--Not later than 36 months after the date of 
        the enactment of the Keeping Children and Families Safe Act of 
        2002, the Secretary shall complete the study required under 
        paragraph (1) and submit to the Congress a report describing 
        the findings made as a result of the study.
  ``(c) Evaluation.--The Secretary shall evaluate and report on 
effective methods of intervening before the abandonment of an infant or 
young child so as to prevent such abandonments, and effective methods 
for responding to the needs of abandoned infants and young children.''.

SEC. 144. AUTHORIZATION OF APPROPRIATIONS.

  Section 104 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) In General.--
          ``(1) Authorization.--For the purpose of carrying out this 
        subtitle, there are authorized to be appropriated $45,000,000 
        for fiscal year 2003 and such sums as may be necessary for 
        fiscal years 2004 through 2007.
          ``(2) Limitation.--Not more than 5 percent of the amounts 
        appropriate under paragraph (1) for any fiscal year may be 
        obligated for carrying out section 224(a).'';
          (2) by striking subsection (b);
          (3) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by inserting ``Authorization.--'' after 
                        ``(1)''; and
                          (ii) by striking ``this title'' and inserting 
                        ``this subtitle''; and
                  (B) in paragraph (2)--
                          (i) by inserting ``Limitation.--'' after 
                        ``(2)''; and
                          (ii) by striking ``fiscal year 1991.'' and 
                        inserting ``fiscal year 2002.''; and
          (4) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.

SEC. 145. OTHER TECHNICAL AND CONFORMING AMENDMENTS; TRANSFER AND 
                    REDESIGNATIONS.

  (a) Technical Amendments.--
          (1) Striking titles; consolidating definitions.--The 
        Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) 
        is amended--
                  (A) by striking the title heading for title I;
                  (B) by striking titles II and III; and
                  (C) by amending section 103 to read as follows:

``SEC. 103. DEFINITIONS.

  ``For purposes of this subtitle:
          ``(1) The terms `abandoned' and `abandonment', with respect 
        to infants and young children, mean that the infants and young 
        children are medically cleared for discharge from acute-care 
        hospital settings, but remain hospitalized because of a lack of 
        appropriate out-of-hospital placement alternatives.
          ``(2) The term `acquired immune deficiency syndrome' includes 
        infection with the etiologic agent for such syndrome, any 
        condition indicating that an individual is infected with such 
        etiologic agent, and any condition arising from such etiologic 
        agent.
          ``(3) The term `dangerous drug' means a controlled substance, 
        as defined in section 102 of the Controlled Substances Act.
          ``(4) The term `natural family' shall be broadly interpreted 
        to include natural parents, grandparents, family members, 
        guardians, children residing in the household, and individuals 
        residing in the household on a continuing basis who are in a 
        care-giving situation with respect to infants and young 
        children covered under this subtitle.
          ``(5) The term `Secretary' means the Secretary of Health and 
        Human Services.''.
          (2) Establishment of local programs.--Section 101(d) of the 
        Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) 
        is amended--
                  (A) in paragraph (1)--
                          (i) by striking ``(1) The Secretary'' and 
                        inserting ``(1) In general.--The Secretary''; 
                        and
                          (ii) in subparagraph (D), by striking 
                        ``during the majority of the 180-day period 
                        preceding the date of the enactment of this 
                        Act,'' and inserting ``during the majority of 
                        the 180-day period preceding the date of the 
                        enactment of the Keeping Children and Families 
                        Safe Act of 2002,''; and
                  (B) in paragraph (2), by striking ``(2) Subject'' and 
                inserting ``(2) Duration of grants.--Subject''.
  (b) Transfer and Redesignations.--
          (1) In general.--The Abandoned Infants Assistance Act of 1988 
        (42 U.S.C. 670 note)--
                  (A) is amended by striking section 1;
                  (B) is transferred to the Child Abuse Prevention and 
                Treatment Act (42 U.S.C. 5101 et seq.), as amended; and
                  (C) is redesignated as subtitle B of title II of such 
                Act.
          (2) Conforming amendments.--
                  (A) Subtitle heading; short title.--Title II of the 
                Child Abuse Prevention and Treatment Act (42 U.S.C. 
                5101 et seq.) is amended by inserting after subtitle A 
                of such title the following:

               ``Subtitle B--Abandoned Infants Assistance

``SEC. 221. SHORT TITLE.

  ``This subtitle may be cited as the `Abandoned Infants Assistance Act 
of 2002'.''.
                  (B) Redesignations.--Subtitle B of title II of such 
                Act is amended by redesignating sections 2, 101, 102, 
                103, and 104 as sections 222 through 226, respectively.
                  (C) Domestic volunteer service.--Section 421(7) of 
                the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
                5061(7)) is amended by striking ``section 103 of the 
                Abandoned Infants Assistance Act of 1988 (Public Law 
                100-505; 42 U.S.C. 670 note);'' and inserting ``section 
                225(1) of the Abandoned Infants Assistance Act of 
                2002;''.

            Subtitle C--Technical and Conforming Amendments

SEC. 151. SHORT TITLE; TABLE OF CONTENTS.

  The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.), as amended by subtitles A and B, is further amended by inserting 
before title I the following:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  ``(a) Short Title.--This Act may be cited as the `Keeping Children 
and Families Safe Act'.
  ``(b) Table of Contents.--The table of contents for this Act is as 
follows:
``Sec. 1. Short title; table of contents.

          ``TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

``Sec. 101. Short title.
``Sec. 102. Findings.

                     ``Subtitle A--General Program

``Sec. 111. Office on Child Abuse and Neglect.
``Sec. 112. National clearinghouse for information relating to child 
abuse.
``Sec. 113. Research and assistance activities.
``Sec. 114. Grants to public agencies and nonprofit private 
organizations for demonstration programs and projects.
``Sec. 115. Grants to States for child abuse and neglect prevention and 
treatment programs.
``Sec. 116. Grants to States for programs relating to the investigation 
and prosecution of child abuse and neglect cases.
``Sec. 117. Miscellaneous requirements relating to assistance.
``Sec. 118. Coordination of child abuse and neglect programs.
``Sec. 119. Reports.
``Sec. 120. Definitions.
``Sec. 121. Authorization of appropriations.
``Sec. 122. Rule of construction.

``Subtitle B--Community-Based Family Support Grants for the Prevention 
                       of Child Abuse and Neglect

``Sec. 131. Purpose and authority.
``Sec. 132. Eligibility.
``Sec. 133. Amount of grant.
``Sec. 134. Application.
``Sec. 135. Local program requirements.
``Sec. 136. Performance measures.
``Sec. 137. National network for community-based family resource 
programs.
``Sec. 138. Definitions.
``Sec. 139. Authorization of appropriations.

     ``TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS

                  ``Subtitle A--Adoption Opportunities

``Sec. 201. Short title.
``Sec. 202. Congressional findings and declaration of purpose.
``Sec. 203. Information and services.
``Sec. 204. Study and report on dynamics of successful adoption.
``Sec. 205. Authorization of appropriations.

               ``Subtitle B--Abandoned Infants Assistance

``Sec. 221. Short title.
``Sec. 222. Findings.
``Sec. 223. Establishment of local programs.
``Sec. 224. Evaluations, study, and reports by secretary.
``Sec. 225. Definitions.
``Sec. 226. Authorization of appropriations.''.

  TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT

SEC. 201. STATE DEMONSTRATION GRANTS AUTHORIZED.

  (a) State Administrative Costs.--Section 303(a)(2)(B)(i) of the 
Family Violence Prevention and Services Act (42 U.S.C. 
10402(a)(2)(B)(i)) is amended by striking ``5 percent'' and inserting 
``2 percent''.
  (b) Indian Tribes and Related Organizations.--Section 303(b)(1) of 
such Act (42 U.S.C. 10402(b)(1)) is amended by adding at the end the 
following: ``Not more than 2 percent of amounts made available for a 
fiscal year to make grants under the preceding sentence may be used for 
administrative costs with respect to such grants.''.

SEC. 202. EVALUATION.

  Section 306 of the Family Violence Prevention and Services Act (42 
U.S.C. 10405) is amended in the first sentence by striking ``Not later 
than two years after the date on which funds are obligated under 
section 303(a) for the first time after the date of the enactment of 
this title, and every two years thereafter,'' and inserting ``Every two 
years''.

SEC. 203. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

  Section 308 of the Family Violence Prevention and Services Act (42 
U.S.C. 10407) is amended by striking subsection (g).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

  (a) General Authorization.--Section 310(a) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as 
follows:
  ``(a) In General.--There are authorized to be appropriated to carry 
out this title $175,000,000 for each of the fiscal years 2003 through 
2007.''.
  (b) Grants for State Domestic Violence Coalitions.--Section 311(g) of 
such Act (42 U.S.C. 10410(g)) is amended to read as follows:
  ``(g) Funding.--Of the amount appropriated pursuant to the 
authorization of appropriations under section 310(a) for a fiscal year, 
not less than 10 percent of such amount shall be made available to 
award grants under this section.''.

SEC. 205. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

  Section 311 of the Family Violence Prevention and Services Act (42 
U.S.C. 10410) is amended by striking subsection (h).

SEC. 206. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

  (a) Duration.--Section 316(b) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10416(b)) is amended--
          (1) by striking ``A grant'' and inserting the following:
          ``(1) In general.--Except as provided in paragraph (2), a 
        grant''; and
          (2) by adding at the end the following:
          ``(2) Extension.--The Secretary may extend the duration of a 
        grant under this section beyond the period described in 
        paragraph (1) if, prior to such extension--
                  ``(A) the entity prepares and submits to the 
                Secretary a report that evaluates the effectiveness of 
                the use of amounts received under the grant for the 
                period described in paragraph (1) and contains any 
                other information as the Secretary may prescribe; and
                  ``(B) the report and other appropriate criteria 
                indicate that the entity is successfully operating the 
                hotline in accordance with subsection (a).''.
  (b) Authorization of Appropriations.--Section 316(f) of such Act (42 
U.S.C. 10416(f)) is amended in paragraph (1) by striking ``fiscal years 
2001 through 2005'' and inserting ``fiscal years 2003 through 2007''.

SEC. 207. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

  (a) In General.--Section 318(h) of the Family Violence Prevention and 
Services Act (42 U.S.C. 10418(h)) is amended to read as follows:
  ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $6,000,000 for each of the 
fiscal years 2003 through 2007.''.
  (b) Regulations.--Section 318 of such Act (42 U.S.C. 10418) is 
amended by striking subsection (i).

SEC. 208. TRANSITIONAL HOUSING ASSISTANCE.

  Section 319(f) of the Family Violence Prevention and Services Act (42 
U.S.C. 10419(f)) is amended by striking ``fiscal year 2001'' and 
inserting ``each of the fiscal years 2003 through 2007''.

SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.

  The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.) is amended as follows:
          (1) In section 302(1) by striking ``demonstrate the 
        effectiveness of assisting'' and inserting ``assist''.
          (2) In section 303(a) is amended--
                  (A) in paragraph (2)--
                          (i) in subparagraph (C), by striking ``State 
                        domestic violence coalitions knowledgeable 
                        individuals and interested organizations'' and 
                        inserting ``State domestic violence coalitions, 
                        knowledgeable individuals, and interested 
                        organizations''; and
                          (ii) in subparagraph (F), by adding ``and'' 
                        at the end; and
                  (B) by moving the margin of paragraph (4) two ems to 
                the left.
          (3) In section 305(b)(2)(A) by striking ``provide for 
        research, and into'' and inserting ``provide for research 
        into''.
          (4) In section 311(a)--
                  (A) in paragraph (2)(K), by striking ``other criminal 
                justice professionals,;'' and inserting ``other 
                criminal justice professionals;'' and
                  (B) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A), 
                        by striking ``family law judges,,'' and 
                        inserting ``family law judges,'';
                          (ii) in subparagraph (D), by inserting ``, 
                        criminal court judges,'' after ``family law 
                        judges''; and
                          (iii) in subparagraph (H), by striking 
                        ``supervised visitations that do not endanger 
                        victims and their children'' and inserting 
                        ``supervised visitations or denial of 
                        visitation to protect against danger to victims 
                        or their children''.
          (5) In section 313(1) by striking ``on the individual develop 
        data''.
          (6) In section 315(b)(3)(A) by striking ``and'' at the end.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

  This Act, and the amendments made by this Act, take effect on October 
1, 2002, or the date of the enactment of this Act, whichever occurs 
later.

                                Purpose

    The purpose of H.R. 3839, the Keeping Children and Families 
Safe Act of 2002, is to reauthorize and make amendments to the 
Child Abuse Prevention and Treatment Act (CAPTA), the Adoption 
Opportunities program, the Abandoned Infants Assistance Act, 
and the Family Violence Prevention and Services Act (FVPSA). 
The bill is aimed at preventing child abuse and family violence 
and protecting and treating abused and neglected children and 
victims of family violence. The bill also focuses on 
maintaining local projects with demonstrated value in 
eliminating barriers to permanent adoption and addressing the 
circumstances that often lead to child abandonment.

                            Committee Action


                                HEARINGS

    The Subcommittee on Select Education held two hearings in 
Washington, D.C., during the first session of the 107th 
Congress to review and hear comments on the reauthorization of 
the Child Abuse Prevention and Treatment Act (CAPTA), the 
Adoption Opportunities program, the Abandoned Infants 
Assistance Act, and the Family Violence Prevention and Services 
Act (FVPSA).
    The first hearing was held on August 2, 2001, ``CAPTA: 
Successes and Failures at Preventing Child Abuse and Neglect.'' 
The purpose of the hearing was to review how CAPTA had been 
implemented and administered since the 1996 reauthorization, 
and to examine what had or had not worked in the prevention of 
child abuse and neglect.
    The second hearing was held on October 17, 2001, 
``Prevention and Treatment of Child Abuse and Neglect: Policy 
Directions for the Future.'' The purpose of the hearing was to 
more closely examine the issues and topics that arose during 
the first hearing in order to help the Subcommittee learn more 
about such issues as it began the reauthorization process.

                           LEGISLATIVE ACTION

    On March 5, 2002, Representative Pete Hoekstra (R-MI) 
introduced H.R. 3839, the Keeping Children and Families Safe 
Act of 2002. H.R. 3839 reauthorizes and makes amendments to 
CAPTA, the Adoption Opportunities program, the Abandoned 
Infants Assistance Act, and FVPSA. H.R. 3839 was drafted on the 
basis of hearings, the recommendations of the Administration, 
the recommendations of the child abuse and family violence 
coalitions and community, and the recommendations of groups 
representing the interests of families.
    The Subcommittee on Select Education considered H.R. 3839 
in legislative session on March 6, 2002 during which three 
amendments were considered and adopted by voice vote. The 
Subcommittee on Select Education, with the majority of the 
Subcommittee present, favorably reported H.R. 3839, as amended, 
to the Full Committee by voice vote on March 6, 2002. The 
following is a description of the amendments adopted to H.R. 
3839 during Subcommittee consideration:
     Mr. Hoekstra (R-MI) offered an amendment to 
improve upon the language in the introduced bill to require 
states to have provisions and procedures in place to require 
child protective services personnel to advise individuals 
subject to a child abuse and neglect investigation of the 
allegations before them consistent with the law protecting the 
rights of the informant.
     Ms. Davis (D-CA) offered an amendment to provide 
for a Sense of Congress that entities receiving CAPTA funding 
should ensure that limited English proficient children and 
families participating in CAPTA programs are provided materials 
and services under such programs in an appropriate language 
other than English.
     Mr. Greenwood (R-PA) offered an amendment to 
require states to have policies and procedures in place to 
address the needs of infants born with fetal alcohol syndrome 
or neonatal abstinence syndrome. States must require health 
care providers involved in the delivery of such infants to 
notify the child protective services system and develop a plan 
to address the needs of such infant and mother.
    The Committee on Education and the Workforce considered 
H.R. 3839 in legislative session on March 20, 2002, during 
which the Committee considered and passed an amendment in the 
Nature of a Substitute by voice vote. The Committee on 
Education and the Workforce, with the majority of the Committee 
present, favorably reported H.R. 3839, as amended, to the House 
of Representatives by voice vote on March 20, 2002.

                                Summary


          Title I--Child Abuse Prevention and Related Programs

Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act

            Chapter 1--General program
    Chapter 1 of H.R. 3839 extends and modifies Title 1 of the 
Child Abuse Prevention and Treatment Act (CAPTA). Title I 
authorizes: grants to states to help states support their child 
protective services systems and requires states to submit 
certain data to the Department of Health and Human Services 
(HHS); funding for research and demonstration projects related 
to prevention of child abuse and neglect; grants to states to 
improve investigation and prosecution of child maltreatment; 
and authorizes HHS to operate a national clearinghouse of 
information related to child abuse and neglect. The bill makes 
clarifying and technical corrections; promotes partnerships 
between child protective services and private and community-
based organizations to provide child abuse and neglect 
prevention and treatment services; requires the Secretary of 
HHS to conduct a study on the effectiveness of citizen review 
panels; requires states to provide for the development of a 
plan to address the needs of infants harmed by prenatal 
alcoholor drug exposure; instructs HHS to conduct the fourth National 
Incidence Study (NIS-4); and promotes the protection of individual 
rights by improving the training, recruitment and retention of child 
protective services personnel regarding their legal authority. It also 
requires such personnel to inform individuals of the allegations or 
complaints made against them. The bill also improves public education 
on the role of the child protection system and appropriate reporting of 
suspected incidents of child abuse and neglect to reduce the number of 
false or malicious allegations.
    Title I is currently authorized at such sums. Title I State 
Grants received $22 million for FY 2002 and Discretionary 
Grants received $26 million for FY 2002. The bill authorizes 
Title I at $120 million for FY 2003 and such sums for FY 2004 
through 2007.
            Chapter 2--Community-based family resource and support 
                    grants
    Chapter 2 of H.R. 3839 extends and modifies Title II of 
CAPTA. Title II authorizes grants to help establish and operate 
statewide networks of community-based, family support programs 
for the prevention of child abuse and neglect that coordinate a 
wide variety of resources within each state. The bill makes 
clarifying and technical changes to emphasize the prevention of 
child abuse and neglect before it occurs; promotes parent 
leadership to ensure that new parents receive appropriate 
parenting services, including parents of children with 
disabilities and parents with disabilities; and includes 
respite care, home visit and family support services as core 
family support programs for improving local programs in 
preventing child abuse and neglect.
    Title II is currently authorized at such sums. Community-
based grants received $33 million for FY 2002. The bill 
authorizes $80 million for FY 2003 and such sums for FY 2004 
through 2007.

Subtitle B--Amendments to other child abuse prevention and related 
        programs

            Chapter 1--Child Abuse Prevention and Treatment and 
                    Adoption Reform Act of 1978
    Chapter 1 of Subtitle B of H.R. 3839 extends and modifies 
Title II of the Child Abuse Prevention and Treatment and Reform 
Act of 1978 that authorizes the Adoption Opportunities program. 
The Adoption Opportunities program authorizes HHS to award 
funds to states and local public and private nonprofit agencies 
to promote quality standards for adoption services; pre-
placement, post-placement, and post-legal adoption counseling, 
and standards to protect children's rights; maintain a national 
adoption information exchange system and conduct national 
recruitment efforts to reach prospective adoptive parents; and 
to assist state efforts for increasing the placement of foster 
care children legally free for adoption. The bill makes minor 
changes and requires the Secretary of HHS to conduct a study on 
the dynamics on successful adoptions.
    The Adoption Opportunities program is currently authorized 
at such sums. It received $27 million for FY 2002. The bill 
authorizes $40 million for FY 2003 and such sums for FY 2004 
through 2007.
            Chapter 2--Abandoned Infants Assistance Act of 1988
    Chapter 2 of Subtitle B of H.R. 3839 extends and modifies 
the Abandoned Infants Assistance Act of 1988. The Abandoned 
Infants Assistance Act authorizes local programs (formerly 
called demonstration grants) to public and private nonprofit 
agencies for such activities as preventing the abandonment of 
infants; identifying and addressing the needs of abandoned 
infants; recruiting and training foster families for abandoned 
children; providing residential care for infants and young 
children who cannot live with their families or be placed in 
foster care; providing respite care for families and foster 
families; and recruiting and training health and social 
services personnel to work with abandoned children. The bill 
amends one of the priorities for provisions of services to 
local programs serving abandoned infants and young children who 
were perinatally exposed to HIV or are HIV-infected, or have a 
life-threatening illness or other special needs. The bill also 
requires the Secretary to conduct a study on the annual number 
of infants and young children who are victims of homicide; 
characteristics and demographics of parents who have abandoned 
an infant; and an estimate of the annual costs incurred by the 
federal government and by state and local governments in 
providing for the care of abandoned infants.
    The Abandoned Infants Assistance Act is currently 
authorized at such sums. It received $12 million for FY 2002. 
The bill authorizes $45 million for FY 2003 and such sums for 
FY 2004 through 2007.

  Title II--Amendments to Family Violence Prevention and Services Act

    Title II of H.R. 3839 reauthorizes and amends the Family 
Violence Prevention and Services Act (FVPSA). FVPSA authorizes 
assistance to states, Tribes and Tribal organizations to assist 
in efforts to increase public awareness about family violence 
and provide immediate shelter and related assistance to victims 
of family violence and their dependents. FVPSA was reauthorized 
with the Violence Against Women Act during the 106th Congress, 
however only a straight five year authorization was agreed to 
with no specific changes to the act. The bill makes minor and 
technical changes to the act and extends the reauthorization to 
coordinate with the reauthorization of CAPTA and its' related 
programs and act. The bill also extends the authorization for 
the transitional housing assistance program that awards grants 
to entities to provide transitional housing or housing 
assistance to victims and their dependents fleeing a domestic 
violence situation and for whom emergency shelter services are 
unavailable or insufficient.
    Currently $175 million is authorized for state 
demonstration grants, technical assistance centers and state 
domestic violence coalitions through FY 2005. The national 
domestic hotline is authorized at $2 million through FY 2005, 
the community initiative grants are authorized at $6 million 
through FY 2005, and the transitional housing assistance 
program is authorized at $25 million for FY 2001.
    FVPSA received $2 million for its Domestic Violence Hotline 
program and $125 million for state demonstration grants, 
technical assistance centers and state domestic 
violencecoalitions (including Battered Women's Shelters) for FY 2002. 
The community initiative grants received $5.9 million for FY 2002. The 
transitional housing assistance program did not receive funding.

                            Committee Views

    According to the most recent Child Maltreatment Report, 
each year an estimated 3 million reports of possible child 
maltreatment are made to child protective services. 
Approximately 60 percent of these reports were investigated and 
826,000 children were estimated to have been victims of child 
abuse or neglect in 1999. Of these victims, 58 percent suffered 
neglect, 21 percent suffered physical abuse and 11 percent were 
sexually abused.
    While the overall number of confirmed cases represents a 
continuation of a downward trend since 1993, the long-term 
trend in child abuse reporting has been one of substantial 
growth, with the number of maltreatment reports more than 
quadrupling since 1976. However, it should be noted that 
increased reporting does not necessarily mean an equivalent 
increase in actual cases of abuse and neglect. The number of 
reported child abuse cases is likely higher due to improved 
reporting mechanisms and greater awareness of the problem of 
child abuse and neglect. Despite progress made in promoting 
child abuse awareness, and the endless efforts made to prevent 
child abuse and neglect, much more work is needed to prevent 
and treat child abuse and neglect.
    Family violence also continues to be the most common, yet 
least reported, crime in our nation. Approximately, 95 percent 
of family violence victims are women, and it is estimated that 
every 11 seconds a woman is battered in the United States. It 
is also estimated that 70 percent of men who abuse their wives 
also abuse their children, and children from abusive homes are 
at greater risk of alcohol or drug abuse, juvenile delinquency, 
and depression and suicide.
    In addition, caseworker training, supervision and case 
management continue to be important areas of improvement for 
child protective services systems. Research has shown that 
child abuse caseworkers lack adequate resources and are often 
in charge of more cases than they can realistically handle. 
Caseworker skill, training, and workload are critical 
components to delivery of appropriate investigations, 
prevention and intervention, treatment services, and case 
management.
    The Child Abuse Prevention and Treatment Act (CAPTA) was 
established in 1974 to create a focal point within the federal 
government to identify and address the issues of child abuse 
and neglect, and to support effective methods of prevention and 
treatment. CAPTA was last reauthorized in 1996 and expired at 
the end of fiscal year 2001.
    The last reauthorization in 1996 made significant changes 
to CAPTA to better target federal abuse and neglect prevention 
resources, enhance the ability of states to respond to actual 
cases of abuse and neglect, and to consolidate and coordinate 
federal data collection efforts in order to gain a better 
perspective on the trends of child abuse and neglect and find 
effective methods of prevention and treatment efforts. H.R. 
3839 builds upon the reforms made during the 1996 
reauthorization to improve program implementation and make 
improvements to current law to ensure that states have the 
necessary resources and flexibility to properly address issues 
of child abuse and neglect and family violence. The changes in 
H.R. 3839 also serve to assist states in improving their child 
protective services systems and enhance the federal 
government's role in providing support for the child protective 
services system infrastructure to correct any imbalance in the 
federal government's response to child abuse and neglect.

Promoting improved services

    One recurring theme the Subcommittee heard during the 
hearings on CAPTA was the need to expand upon current law 
activities of the child protective services system and the need 
to ensure that states have the necessary resources and data to 
address the issues of child abuse and neglect. Currently, CAPTA 
requires the Department of Health and Human Services (HHS) to 
conduct an interdisciplinary research program to provide 
information that could improve child protection and the well 
being of children who have been abused or neglected. HHS is 
also required to operate a national clearinghouse for 
information on child abuse and neglect. Both of these resources 
provide states with important data to assist them in addressing 
the issues of child abuse and neglect.
    In order to build upon existing data and focus research on 
more current topics, the Committee made several modifications 
to current law. These changes promote the collection and 
dissemination of information to help all states improve upon 
their current systems. H.R. 3839 requires the national 
clearinghouse to collect and disseminate information that 
describes the best practices being used throughout the nation 
for making appropriate referrals. The bill also requires the 
Secretary to conduct research on a variety of topics, including 
state child protective services systems improvement, effective 
approaches to interagency collaboration between the child 
protective services system and the juvenile justice system, and 
redundancies and gaps in services in the field of child abuse 
and neglect prevention in order to make better use of limited 
federal resources.
    CAPTA also currently permits the Secretary to conduct time-
limited demonstration programs and projects for such matters as 
training professional and paraprofessional staff, recruiting 
and training of volunteers, and establishing resource centers 
for providing information and training related to child abuse 
and neglect. H.R. 3839 expands these opportunities to include 
training to support the enhancement of linkages between child 
protective service agencies and health care agencies to improve 
forensic diagnosis and health evaluations; and to support 
innovative partnerships between child protective service 
agencies and health care agencies that offer creative 
approaches to using existing federal, state, local, and private 
funding to meet the health evaluation needs of children who 
have been subjects of substantiated cases of child abuse and 
neglect.
    The Secretary may also grant awards to private nonprofit 
organizations to establish and maintain mutual support and 
self-help programs as a means of strengthening families in 
partnership with their communities. Current law makes a 
specific reference to the groupParents Anonymous as an example 
of the types of organizations that would benefit from such grants. 
Parents Anonymous is a national self-help organization dedicated to 
community outreach for the prevention of child abuse and neglect. While 
recognized as a successful organization, the Committee believes that no 
single group or organization should receive special recognition in 
federal statute. As such, H.R. 3839 strikes this specific reference to 
Parents Anonymous in order to create a level playing field for other 
similar programs and organizations that do not enjoy this special 
recognition. However, striking the reference to Parents Anonymous in no 
way implies that the Committee does not recognize and support the 
efforts and work of Parents Anonymous. The Committee also wants to 
encourage the Secretary to continue to award grants to organizations 
that operate programs that incorporate quality standards and 
demonstrate effectiveness in their efforts in preventing child abuse 
and neglect.
    H.R. 3839 further builds upon the theme of improving state 
child protective services systems by allowing states to use 
their CAPTA dollars to promote partnerships between public 
agencies and community-based organizations to provide child 
abuse and neglect prevention and treatment services, and by 
supporting and enhancing interagency collaboration between 
child protective service systems and the juvenile justice 
system for improved delivery of services and treatment, 
including methods of continuity of treatment and services as 
children transition between such systems.
    The bill also improves the training of child protective 
services personnel to ensure that they are knowledgeable in 
best practices for promoting collaboration with families and 
that they are fully aware of the extent and limits of their 
legal authority and the legal rights of parents in carrying out 
such investigations. H.R. 3839 requires that states have 
provisions in place that address the training of child 
protective services personnel in their legal duties, which may 
consist of procedures to inform such personnel of such duties, 
in order to protect the legal rights of children and families.
    In addition, the Committee wanted to ensure that state 
child protective service agencies were operating effectively 
and serving the needs of their community. As part of the 1996 
reauthorization, states were required to establish citizen 
review panels composed of volunteer community representatives 
to examine and evaluate the policies and procedures of state 
and local child protective services agency activities. To 
ensure that these review panels are fulfilling their mission, 
H.R. 3839 requires the Secretary to conduct a study by random 
sample on the effectiveness of citizen review panels and report 
its findings to the appropriate Committees of Congress.

Fourth National Incidence Study

    The National Incidence Study (NIS) is the single most 
comprehensive source of information about the current rate of 
child abuse and neglect in the United States. The last NIS 
study was conducted from 1993 to 1996. It provided key updates 
on the estimates on the incidence of child abuse and neglect in 
the United States and measured changes in such incidence from 
earlier studies. H.R. 3839 instructs the Secretary to conduct 
the fourth NIS and report its findings to the appropriate 
Committees of Congress within four years. The Committee 
believes that it is necessary to obtain the most updated 
information on the national incidence of child abuse and 
neglect in order to continue to monitor trends on the 
occurrence of child maltreatment in the United States and to 
review what is or is not working in the prevention of child 
abuse and neglect efforts. The Committee also is interested in 
reviewing the incidence and prevalence of child maltreatment as 
it relates to family structure (including the living 
arrangement of the resident parent), family income, and family 
size. The Committee feels this information is important in 
order to review and monitor the conditions that lead to 
incidents of child abuse and neglect and to help monitor other 
services that may be needed in the future to ensure that the 
needs of children at risk for abuse and neglect are met.

Protecting individual rights

    During the hearings on CAPTA, the Subcommittee heard 
concerns about the number of parents being falsely accused of 
child abuse and neglect and the aggressiveness of child 
protective services personnel in their investigations of 
alleged child abuse. Mr. Christopher Klicka of the Home School 
Legal Defense Association described numerous cases of innocent 
families being aggressively investigated on allegations of 
child abuse and neglect only to have such cases later 
determined to be unsubstantiated or false. In his testimony 
describing a conversation with a former social worker, Mr. 
Klicka stated, ``In the old days, social workers tried to prove 
a reported family was innocent and considered the family 
innocent until proven guilty. Now the system operates on the 
principle that a family is guilty * * * period.''
    The Committee looked carefully for ways to ensure that the 
individual rights of parents being investigated on allegations 
of child abuse or neglect were protected, while not 
compromising the intent of the child protective services 
system--to ensure that the best interest of the child is the 
primary focus. To that end the Committee wanted to enhance the 
training of child protective services personnel to ensure that 
they are knowledgeable in best practices for promoting 
collaboration with families and that they are fully aware of 
the extent and limits of their legal authority and the legal 
rights of parents in carrying out such investigations. H.R. 
3839 requires that states have provisions in place that address 
the training of child protective services personnel in their 
legal duties, which may consist of procedures to inform such 
personnel of such duties, in order to protect the 
constitutional and statutory rights of children and families. 
For instance, the Committee believes that child protective 
services personnel should understand that they don't have the 
authority to demand entry in the family home when investigating 
an allegation.
    The bill also permits states to use their CAPTA dollars to 
develop and deliver information related to improving public 
education on the role and responsibilities of the child 
protective services system and the proper and appropriate basis 
for reporting suspected incidents of child abuse and neglect. 
It is the hope of the Committee that by requiring states to 
improve the training of social workers in proper and 
appropriate investigating techniques, and provide more 
education on appropriate reporting of child abuse and neglect 
by the public that incidents of aggressive investigating 
behavior and incidents of false reports of child maltreatment 
cases will be significantly decreased.
    The Committee also heard concerns about how most of these 
families were never informed of the specific allegations made 
against them in the first place. The Committee firmly believes 
that individuals being investigated for alleged child 
maltreatment should be informed of the specific allegations 
made against them. H.R. 3839 addresses this issue by requiring 
states to have policies and procedures in place to require 
social workers, at the initial time of contact, to advise 
individuals who are subject to a child abuse and neglect 
investigation of the complaints or allegations made against 
them. However, it is not the intent of the Committee that by 
requiring states to have such policies and procedures in place 
that such advisement be too descriptive as to inadvertently 
provide identifying information that may reveal the source of 
such allegation or complaint. The bill specifically states that 
such advisement be in a manner that is consistent with laws 
protecting the rights of the informant.
    In addition, the Committee wants to ensure that individual 
rights are protected by giving individuals who have been 
subject to a child abuse and neglect investigation an 
opportunity to be heard when they feel they have been 
wrongfully accused or have been the subject of an overly 
aggressive child maltreatment investigation. H.R. 3839 requires 
citizen review panels to provide for public outreach and 
comment in order to help states assess the impact of the 
procedures and practices of their child protective services 
system upon the children, families, and individuals in the 
community.

Protecting infants born addicted to substances

    As the Subcommittee began reviewing issues and concerns 
surrounding the reauthorization of CAPTA one issue that arose 
was how to protect and deal with infants born and identified 
with fetal alcohol effects, fetal alcohol syndrome, neonatal 
intoxication or withdrawal syndrome, or neonatal physical or 
neurological harm resulting from prenatal drug exposure. 
Congressman Greenwood offered an amendment during Subcommittee 
consideration to address this issue. As a former caseworker and 
state legislator, Congressman Greenwood has spent countless 
hours looking for ways to assure proper treatment for infants 
who have been harmed by alcohol and/or other drug exposure in 
utero. During a Subcommittee hearing held last year, 
Congressman Greenwood described his ideas and attempts to 
require that states have some sort of reporting requirements to 
child protective services for when infants are born addicted to 
drugs or alcohol. He also spoke of requiring the child 
protective services agency to develop a safe plan of care for 
the infant. Currently, only 12 states and the District of 
Columbia have some form of specific reporting criteria and 
procedures relating to drug-exposed infants.
    This issue also received attention in the fall of 2001 when 
the Washington Post ran a series of articles describing several 
infants born addicted to drugs or alcohol in the District of 
Columbia who died from lack of care by the mother or 
supervision from the city's child protective services agency--
even when the agency was aware of the child's and family's 
fragile condition. According to one article, eleven drug-
exposed or medically frail newborns in D.C. died from 1993 
through 2000 after they were released to parents whose 
addictions and circumstances were well-documented by hospitals 
and social workers. The article stated: ``The babies got lost 
in a system where no one assumes direct responsibility for 
them.''
    In some instances where the child protective services 
agency was properly notified, the agency failed to respond to 
the hospital's calls, leaving fragile infants in the hands of 
parents who were ill-equipped to care for them. The article 
continued to describe numerous other cases with the same 
results. A committee formed to investigate the District's 
policies regarding infants born drug-exposed or addicted to 
drugs or alcohol concluded, ``There are no standards, policies, 
procedures, or consistent practices for dealing with substance 
abuse mothers, especially of newborns addicted to drugs.''
    Congressman Greenwood's amendment requires states, as a 
condition of receiving CAPTA dollars, to have policies and 
procedures in place to address the needs of infants born with 
fetal alcohol effects, fetal alcohol syndrome, neonatal 
intoxication or withdrawal syndrome, or neonatal physical or 
neurological harm resulting from prenatal drug exposure. Under 
the amendment, health care providers involved in the delivery 
of such infants would be required to notify the child 
protective services system of such occurrence and a safe plan 
of care for the infant, including providing services to the 
mother would be required. The amendment passed the Subcommittee 
by voice vote and a slightly amended version passed in the Full 
Committee in the substitute amendment. The Committee wants to 
be clear that the final language does not create any new or 
amended definition of child abuse. Neither is it the intent of 
this language to address any legal prosecution of mothers. The 
goal of this language is to identify infants at risk of child 
abuse and neglect so appropriate services can be delivered to 
the infant and mother to provide for the safety of the child. 
The Committee also wants to be clear that the amendment does 
not preempt a state's law regarding what constitutes child 
abuse or requires prosecution. For instance, states that choose 
to prosecute women who have given birth to infants addicted to 
drugs or alcohol may continue to do so. The language included 
in H.R. 3839 only requires states to have policies and 
procedures in place to address a safe plan of care for the 
infant.

Improved collaboration for improved prevention and treatment services

    To prevent gaps in needed services, the bill requires the 
state child welfare system to develop policies and procedures 
for the referral of abused or neglected children under the age 
of 3 to the statewide early intervention system funded under 
Part C of the Individuals with Disabilities Education Act. Such 
policies and procedures will ensure that abused children can 
access any Part C early intervention services and supports for 
which they are eligible. Such services will help these children 
learn, grow and thus enter school ready to learn.
    Related to this issue is the importance of health 
screenings and treatment for children who are victims of child 
abuse and neglect. Appropriate health and developmental 
evaluations and treatment can greatly influence healthy child 
development and can affect treatment and family preservation, 
such as preventing the need for out-of-home placements. H.R. 
3839 takes many steps to help states address this problem and 
improveservices for victims of child abuse and neglect by 
promoting linkages between child protection and health care (including 
mental health) agencies.
    H.R. 3839 also promotes collaboration between the child 
protection system and the juvenile justice system as an 
important component in the prevention and treatment of child 
abuse. Research consistently demonstrates that child 
maltreatment greatly increases the risk of juvenile delinquency 
and criminal behavior. A study by the National Institute of 
Justice concluded that being abused or neglected as a child 
increased the likelihood of arrest as a juvenile by 59 percent 
and for a violent crime by 29 percent. Thus, many children 
under the care and supervision of child protection services 
will come to the attention or custody of the juvenile justice 
system. Yet social workers, judges, probation officers, 
researchers and others suggests there is little communication 
or collaboration between child protection and juvenile justice 
systems.
    Enhanced collaboration between these two systems is needed 
if children are to receive appropriate treatment for child 
abuse and neglect. Continuity in services for abused and 
neglected youth is an essential component to the treatment of 
child maltreatment, and therefore enhanced collaboration 
between representatives and procedures of the child protection 
systems and juvenile justice systems is an essential part of 
federal, state and local attempts to treat child abuse. H.R. 
3839 supports better treatment services to victims of child 
abuse and neglect by encouraging research and allowing 
operation grants on effective approaches to interagency 
collaboration that improve the delivery of services and 
treatment.

The Adoption Opportunities Program

    The Adoption Opportunities Program was created to help 
eliminate barriers to adoption and to facilitate the 
acquisition of permanent homes for children who would benefit 
from adoption, particularly children with special needs and 
disabled infants with life-threatening conditions. The Adoption 
Opportunities Program provides grants to public and non-profit 
agencies to: promote quality standards for adoption services, 
pre- and post-placement, and post-legal adoption counseling, 
and standards to protect children's rights. The program also 
authorizes a national adoption information exchange system and 
national recruitment efforts to reach prospective adoptive 
parents.
    H.R. 3839 makes minor modifications to the Adoption 
Opportunities program and requires the Secretary to conduct a 
study on the dynamics of successful adoptions. The Committee 
recognizes the lack of research about the dynamics of 
successful adoptions and supports the need for such research in 
order to fill this gap and provide better information on 
adoption.

The Abandoned Infants Assistance Act

    The Abandoned Infants Act provides grants to public and 
non-profit agencies that design and implement demonstration 
projects to address this problem. Specific activities include: 
preventing the abandonment of infants, identifying and 
addressing the needs of abandoned infants, recruiting and 
training foster families for abandoned children, providing 
residential care for infants and young children who cannot live 
with their families or who are awaiting placement in foster 
care, providing respite care for families and foster families, 
and recruiting and training health and social services 
personnel to work with abandoned children. Priority for 
services is given to children who were perinatally exposed to 
HIV or HIV-infected, or were perinatally exposed to dangerous 
drugs.
    As noted, the current Abandoned Infants Assistance Act 
places a priority on services for abandoned infants and young 
children born infected with or exposed to HIV or perinatally 
exposed to dangerous drugs. H.R. 3839 includes language that 
broadens one of the two priorities. The bill maintains the 
program's commitment to serving infants born infected with or 
exposed to the human immunodeficiency virus (HIV) and then 
broadens this priority to recognize abandoned infants and young 
children born with other serious medical conditions. The act's 
other priority--abandoned infants and young children 
perinatally exposed to drugs--remains unchanged.
    The Committee fully supports the discretion of the 
Secretary to continue its priority to fund local programs that 
serve infants whose mothers are infected with HIV/AIDS or are 
addicted to illicit drugs, because at the present time drug use 
and HIV/AIDS are the leading factors resulting in infant 
abandonment. However, the Committee acknowledges that over time 
other factors may become more prevalent predictors of infant 
abandonment.

The Family Violence Prevention and Services Act

    The Family Violence Prevention and Services Act (FVPSA) 
authorizes assistance to states, Tribes and Tribal 
organizations to assist in efforts to increase public awareness 
about family violence and provide immediate shelter and related 
assistance to victims of family violence and their dependents.
    The Family Violence Prevention and Services Act (FVPSA) was 
reauthorized along with the Violence Against Women Act (VAWA) 
during the 106th Congress, however, at that time only a 
straight five year authorization was agreed to and no 
significant changes were made. Traditionally, FVPSA is 
reauthorized along with CAPTA and its' related programs and 
acts. As such, H.R. 3839 extends the authorization and makes 
minor modifications to FVPSA to coordinate with the 
reauthorization of CAPTA. H.R. 3839 does not make changes to 
VAWA. In addition, FVPSA (as reauthorized under VAWA) 
authorized the transitional housing assistance program for only 
one year. The transitional housing assistance program awards 
grants to entities that provide transitional housing or housing 
assistance to victims and their dependents fleeing a domestic 
violence situation and for whom emergency shelter services are 
unavailable or insufficient. The Committee recognizes the 
importance of the transitional housing assistance program in 
helping domestic violence victims find a permanent, safe, 
secure and stable living situations. The Committee further 
recognizes that far too often, because of programmatic and 
funding constraints, the permissible length of stay in 
emergency shelters for thosefleeing a domestic violence 
situation does not always provide enough time for victims to begin the 
task of restoring order to their lives. H.R. 3839 extends the 
authorization for the transitional housing assistance program through 
FY 2007.

                      Section-by-Section Analysis

    Section 1. Establishes the short title of the act to be the 
``Keeping Children and Families Safe Act of 2002.''

          title i--child abuse prevention and related programs

Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act

            Chapter 1--General program
    Section 101. Repeals section 102 of the act.
    ``Section 102. Amends section 103(b)(1) of the act and 
section 103 (c)(1) of such act regarding a national 
clearinghouse for information relating to child abuse.
    ``Section 103. Amends section 104(a) and section 104(b) of 
the act pertaining to research and assistance activities.
    ``Section 104. Amends section 105(a), (b) and (c) of the 
act pertaining to grants to public agencies and nonprofit 
private organizations for demonstration programs and projects.
    ``Section 105. Amends section 106(a), (b)(1)(B), (b)(2)(A), 
(b)(3), (c) and (d) of the act pertaining to grants to states 
for child abuse and neglect prevention and treatment programs, 
citizen review panels, and annual state reporting requirements.
    ``Section 106. Amends section 107(a) of the act regarding 
grants to states for programs relating to the investigation and 
prosecution of child abuse and neglect cases.
    ``Section 107. Amends section 108 of the act to encourage 
materials and services for children and families of limited 
English proficiency to be provided in the appropriate language 
other than English.
    ``Section 108. Amends section 110 of the act to require the 
secretary to conduct a study of the effectiveness of the 
citizen review panels and submit such report to the appropriate 
Congressional committees.
    ``Section 109. Amends section 112(a)(1) and (a)(2)(B) to 
extend the authorization of appropriations and make technical 
corrections.''
            Chapter 2--Community-based family resources and support 
                    grants
    ``Section 111. Amends section 201(a)(1) and (b) of the act 
to clarify the purpose and authority of community-based family 
resource and support grants.
    ``Section 112. Amends section 202 of the act to make 
technical changes regarding eligibility requirements.
    ``Section 113. Amends section 203(b)(1)(B) of the act to 
make technical changes to the formula.''
    Section 114. Repeals section 204 of the act.
    ``Section 115. Amends section 205 of the act to make 
technical changes pertaining to state applications.
    ``Section 116. Amends section 206(a) of the act to make 
technical changes regarding local program requirements.
    ``Section 117. Amends section 207 of the act to make 
technical changes to performance measures.
    ``Section 118. Amends section 208(3) of the act to make 
technical changes to the National Network for Community-Based 
Family Resource programs.
    ``Section 119. Amends section 209(1) of the act to make 
technical changes to definitions.
    ``Section 120. Amends section 210 to extend the 
authorization of appropriations.''
            Chapter 3--Technical and conforming amendments; 
                    redesignations
    ``Section 121. Amends section 2(3)(D), Title I and Title II 
of this act to provide for conforming amendments.
    ``Section 122. Amends Titles I and II of this act to 
provide for redesignations.

Subtitle B--Amendments to other child abuse prevention and related 
        programs

            Chapter 1--Child Abuse Prevention and Treatment and 
                    Adoption Reform Act of 1978
    ``Section 131. Amends section 201(a) of such act pertaining 
to congressional findings and declaration of purpose.
    ``Section 132. Amends section 203 of such act to insert 
section 203 regarding services for families adopting special 
needs children and improving placement rates of children in 
foster care.
    ``Section 133. Amends section 204 of such act requiring the 
Secretary to conduct research on adoption outcomes and the 
factors affecting those outcomes.
    ``Section 134. Amends section 205 of such act regarding the 
authorization of appropriations under this subtitle.
    ``Section 135. Amends Title II of such act to provide for 
redesignations and make conforming amendments.''
            Chapter 2--Abandoned Infants Assistance Act of 1988
    ``Section 141. Amends section 2 of such act regarding the 
findings.
    ``Section 142. Amends section 101 of such act to strike the 
section heading and make changes to the priority of services.
    ``Section 143. Amends section 102 of such act regarding 
evaluations, studies and reports by the Secretary.
    ``Section 144. Amends section 104 of such act regarding 
authorization of appropriations.
    ``Section 145. Amends such act to make technical changes 
and to provide for conforming amendments and redesignations.''

Subtitle C--Technical and conforming amendments

    ``Section 151. Amends the Child Abuse Prevention and 
Treatment Act to establish the short title as the ``Keeping 
Children and Families Safe Act'' and provide for the table of 
contents of this act.

  title ii--amendments to family violence prevention and services act

    ``Section 201. Amends section 303(a)(2)(B)(i) and section 
303(b)(1) of such act regarding the authorization of state 
demonstration grants.
    ``Section 202. Amends section 306 of such act to make 
technical changes.''
    Section 203. Amends section 308 of such act by striking 
subsection (g).
    ``Section 204. Amends section 310(a) and 311(g) of such act 
pertaining to authorization of appropriations.''
    Section 205. Amends section 311 of such act by striking 
subsection (h).
    ``Section 206. Amends section 316(b) and (f) of such act 
regarding the national domestic violence hotline grant.
    ``Section 207. Amends section 318 (h) of such act to 
provide for the authorization of appropriations regarding 
demonstration grants for community initiatives and by striking 
subsection (i).
    ``Section 208. Amends section 319 (f) of such act to extend 
the authorization of the transitional housing assistance 
program.
    ``Section 209. Amends sections 302(1), 303(a), 
305(b)(2)(A), 311(a), 313(1) and 315(b)(3)(A) to make technical 
and conforming amendments.''

                       TITLE III--EFFECTIVE DATE

    Section 301. Establishes the effective date of this act and 
the amendments made by this act.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. The purpose of H.R. 3839 is to reauthorize and make 
amendments to the Child Abuse Prevention and Treatment Act 
(CAPTA), the Adoption Opportunities program, the Abandoned 
Infants Assistance Act, and the Family Violence Prevention and 
Services Act (FVPSA). The bill does not prevent legislative 
branch employees from receiving the benefits of this 
legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 3839 reauthorizes and makes amendments to the 
Child Abuse Prevention and Treatment Act (CAPTA), the Adoption 
Opportunities program, the Abandoned Infants Assistance Act, 
and the Family Violence Prevention and Services Act (FVPSA). As 
such, the bill does not contain any unfunded mandates.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the body of this report.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 3839 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 2002.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3839, the Keeping 
Children and Families Safe Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3839--Keeping Children and Families Safe Act of 2002

    Summary: Programs under the Child Abuse Prevention and 
Treatment Act, the Child Abuse Prevention, Treatment and 
Adoption Reform Act of 1978, and the Abandoned Infants 
Assistance Act of 1988 were authorized through 2001. These 
programs were continued in 2002 by the Department of Health and 
Human Services Appropriations Act, 2002. H.R. 3839 would 
reauthorize these programs through 2007. It also would extend 
authorizations through 2007 for some programs authorized under 
the Family Violence Prevention and Services Act. Most programs 
under that act are currently authorized through 2005.
    The bill would authorize total appropriations of $312 
million in 2003. CBO estimates that total authorizations under 
H.R. 3839 would amount to about $2 billion over the 2003-2007 
period, assuming that annual levels are adjusted to keep pace 
with inflation when specific annual authorizations are not 
provided. (Without such inflation adjustments, the 
authorization total would be about $1.9 billion over the 2003-
2007 period.) CBO estimates that appropriations of the 
authorized levels would result in additional outlays of $1.2 
billion over the 2003-2007 period, if inflation adjustments are 
included.
    Enacting the bill would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
H.R. 3839 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 3839 is shown in Table 1. The costs of 
this legislation fall within budget function 500 (education, 
training, employment, and social services).

     TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 3839, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                         WITH ADJUSTMENTS FOR INFLATION

Spending under current law:
    Budget authority/authorization level \1\..............      254      183      183      183        0        0
    Estimated outlays.....................................      231      233      195      182      159       54
Proposed changes:
    Estimated authorization level.........................        0      312      318      324      513      519
    Estimated outlays.....................................        0       33      165      249      322      463
Spending under H.R. 3839:
    Estimated authorization level.........................      254      495      501      507      513      519
    Estimated outlays.....................................      231      265      359      430      481      516

                                        WITHOUT ADJUSTMENTS FOR INFLATION

Spending under current law:
    Budget authority/authorization level \1\..............      254      183      183      183        0        0
    Estimated outlays.....................................      231      233      195      182      159       54
Proposed changes:
    Estimated authorization level.........................        0      312      312      312      495      495
    Estimated outlays.....................................        0       33      164      245      314      449
Spending under H.R. 3839:
    Estimated authorization level.........................      254      495      495      495      495      495
    Estimated outlays.....................................      231      265      359      427      473      503
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse
  Prevention and Treatment Act, the Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the
  Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The amounts
  shown for 2003 through 2005 are current authorization levels for certain programs under the Family Violence
  Prevention and Services Act.

Note.--Components may not sum totals because of rounding.

Basis of estimate

    H.R. 3839 would authorize funding through 2007 for various 
programs created under the Child Abuse Prevention and Treatment 
Act, the Child Abuse Prevention, Treatment and Adoption Reform 
Act of 1978, the Abandoned Infants Assistance Act of 1988, and 
the Family Violence Prevention Services Act. Programs 
authorized under the first three acts would be reauthorized at 
specific levels for 2003 and for such sums as may be necessary 
for 2004 through 2007. Programs authorized by the Family 
Violence Prevention and Services Act, most of which are already 
authorized through 2005, would be extended at current levels 
through 2007.
    H.R. 3839 would authorize the appropriation of $312 million 
in 2003. CBO estimates that this bill would authorize total 
funding of $2 billion over the 2003-2007 period assuming that 
``such sums'' amounts provided after 2003 are adjusted for 
inflation. If the authorized amounts are appropriated, outlays 
would increase by $33 million in the first year and by $1.2 
billion over the five-year period.
    Table 2 presents CBO's estimates with inflation adjustments 
for the various components of each title under H.R. 3839. 
Unless annual amounts are specified, CBO's estimate of 
authorized levels is the authorized amount for 2003 with those 
amounts inflated in later years. The estimated outlays reflect 
historical rates of spending for the affected programs.
            Title I--Child abuse prevention and related programs
    Title I of H.R. 3839 would reauthorize and revise programs 
currently authorized under the Child Abuse Prevention and 
Treatment Act, the Child Abuse Prevention, Treatment and 
Adoption Reform Act of 1978, and the Abandoned Infants 
Assistance Act of 1988. H.R. 3839 would authorize a total of 
$287 million for 2003 for all programs under title I. CBO 
estimates the total funding for title I for the 2003-2007 
period would be about $1.5 billion, assuming adjustments for 
inflation, with resulting outlays of $950 million over those 
five years.
    Child Abuse Prevention Programs. H.R. 3839 would authorize 
$120 million in 2003 for both the Child Abuse and Neglect State 
Grant program and the Child Abuse Discretionary Activities 
program and such sums as may be necessary in 2004 through 2007. 
The state grant program provides formula grants to states to 
improve child protection services. The discretionary activities 
program awards funds to other public agencies or private 
nonprofit agencies for research and demonstration projects. The 
two programs were funded at $48 million in 2002.
    The bill also would amend provisions to include new 
reporting and training requirements and would encourage 
collaborative partnerships between organizations within a 
state.

  TABLE 2.--DETAILED EFFECTS OF H.R. 3839, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002, WITH ADJUSTMENTS
                                                  FOR INFLATION
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority/authorization level \1\..............      254      183      183      183        0        0
    Estimated outlays.....................................      231      233      195      182      159       54
Proposed changes:

   Title I--Child Abuse Prevention and Related Programs

Child abuse prevention state grants and discretionary
 activities:
    Estimated authorization level.........................        0      120      122      125      127      130
    Estimated outlays.....................................        0        6       59       97      114      121
Community based resource centers:
    Estimated authorization level.........................        0       80       82       83       85       87
    Estimated outlays.....................................        0        6       19       44       73       81
Adoption opportunities:
    Estimated authorization level.........................        0       40       41       42       42       43
    Estimated outlays.....................................        0        2       28       37       39       41
Abandoned infants assistance:
    Estimated authorization level.........................        0       45       46       47       48       49
    Estimated outlays.....................................        0        2       33       43       46       48
Administrative expenses for abandoned infants assistance:
    Estimated authorization level.........................        0        2        2        2        2        2
    Estimated outlays.....................................        0        2        2        2        2        2
Subtotal, Title I:
    Estimated authorization level.........................        0      287      293      299      305      311
    Estimated outlays.....................................        0       18      141      224      273      293

     Title II--Family Violence Prevention and Services

Family violence prevention and services/battered women's
 shelters: \2\
    Estimated authorization level.........................        0        0        0        0      175      175
    Estimated outlays.....................................        0        0        0        0       21      138
Domestic violence hotline: \2\
    Estimated authorization level.........................        0        0        0        0        2        2
    Estimated outlays.....................................        0        0        0        0        2        2
Demonstration grants for community initiatives: \2\
    Estimated authorization level.........................        0        0        0        0        6        6
    Estimated outlays.....................................        0        0        0        0        1        4
Transitional housing assistance:
    Estimated authorization level.........................        0       25       25       25       25       25
    Estimated outlays.....................................        0       15       24       24       25       25
Subtotal, Title II:
    Estimated authorization level.........................        0       25       25       25      208      208
    Estimated outlays.....................................        0       15       24       24       48      169
Total proposed changes:
    Estimated authorization level.........................        0      312      318      324      513      519
    Estimated outlays.....................................        0       33      165      249      322      463
Total spending under H.R. 3839:
    Estimated authorization level.........................      254      495      501      507      513      519
    Estimated outlays.....................................      231      265      359      430      481      516
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse
  Prevention and Treatment Act, the Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the
  Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The 2003-2005
  amounts are current authorization levels for certain programs under the Family Violence Prevention and
  Services Act.
\2\ The Family Violence Prevention and Services, Domestic Violence Hotline, and Demonstration Grants for
  Community Initiatives programs are currently authorized until 2005. Table 2 shows only new authorizations. See
  text for a description of authorizations.

Notes.--Components may not sum to totals because of rounding.

    Community Based Resource Centers. H.R. 3839 also would 
authorize $80 million in 2003 and such sums as may be necessary 
over the 2004-2007 period for grants to help states expand the 
network of services and coordination of services within the 
state. The program is funded at $33 million in 2002.
    Adoption Opportunities. The bill would authorize $40 
million in 2003 and such sums as may be necessary over the 
2004-2007 period for the adoption opportunities program. The 
adoption opportunities program provides funds to organizations 
for programs to eliminate barriers to adoption. Projects 
include the creation of a national adoption exchange system, 
legal services programs, and programs to increase the adoption 
rates of minority children. These activities are funded at $27 
million in 2002.
    Abandoned Infants Assistance. H.R. 3839 would authorize $45 
million in 2003 and such sums as may be necessary for the next 
four fiscal years for the Abandoned Infants Assistance program. 
That program provides funds to public and private organizations 
for programs that prevent abandonment of infants with HIV/AIDS, 
assist abandoned infants, and recruit and train foster parents 
and health and social services professionals. The bill also 
would authorize about $2 million in each fiscal year for 
administrative expenses. The program is funded at $12 million 
in 2002.
            Title II--Other child abuse prevention and related programs
    Title II would authorize $25 million in 2003 and $491 
million over the 2003-2007 period for four family violence 
prevention programs that are currently authorized under the 
Family Violence Prevention and Services Act. The Family 
Violence Prevention and Services Act already authorizes most of 
these appropriations through 2005, and this bill would extend 
the authorizations through 2007.
    Family Violence Prevention and Services/Battered Women's 
Shelters. The bill would extend the authorization of the Family 
Violence Prevention and Services/Battered Women's Shelter 
program from 2005 through 2007. The program provides grants to 
states to provide shelter and assistance for victims, and 
preventive services for perpetrators of domestic violence. The 
current authorization is $175 million annually through 2005. 
The program is funded at $124 million in 2002.
    Domestic Violence Hotline. H.R. 3839 would authorize $2 
million in each of the years 2006 and 2007 for the National 
Domestic Violence hotline. The hotline is a national toll-free 
telephone hotline that provides information and assistance to 
victims of domestic violence throughout the United States. The 
program is currently authorized at $2 million annually through 
2005 by the Family Violence Prevention and Services Act. The 
program received $2 million in 2002.
    Demonstration Grants for Community Initiatives. The bill 
would extend the authorization for grants for community 
initiatives through 2007. The program awards grants to 
nonprofit organizations to coordinate domestic violence 
intervention and prevention programs in local communities. The 
program is currently authorized at $6 million annually through 
2005 and is funded at $6 million in 2002.
    Transitional Housing Assistance. H.R. 3839 would authorize 
$25 million in each of the fiscal years 2003 through 2007 for 
housing assistance for victims of domestic violence. The 
program was authorized at $25 million for 2001, but the program 
has never been funded.
    Pay as you go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 3839 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. This bill would benefit state, local, and tribal 
governments by authorizing at least $300 million in grants to 
prevent child abuse and family violence as well as to protect 
abused and neglected children. Any costs incurred to apply for 
or administer grants would be voluntary.
    Estimated impact on the private sector: The bill contains 
no private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Donna Wong; Impact on 
State, Local, and Tribal Governments: Elyse Goldman; Impact on 
the Private Sector: Kate Bloniarz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    In accordance with Clause (3)(c) of House Rule XIII, the 
goal of H.R. 3839 is to authorize federal assistance helping to 
prevent child abuse and family violence and protecting and 
treating abused and neglected children and victims of family 
violence. The bill also focuses on maintaining local projects 
with demonstrated value in eliminating barriers to permanent 
adoption and addressing the circumstances that often lead to 
child abandonment. The Committee expects the administering 
federal agencies to comply with H.R. 3839 and implement the 
changes to the law in accordance with the changes.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by H.R. 3839. The 
Committee believes that the amendments made by this bill, which 
authorize appropriations for the Child Abuse Prevention and 
Treatment Act (CAPTA), the Adoption Opportunities program, the 
Abandoned Infants Assistance Act, and the Family Violence 
Prevention and Services Act (FVPSA), are within Congress' 
authority under Article I, section 8, clause 1 of the 
Constitution.

                           Committee Estimate

    Clauses 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 3839. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                CHILD ABUSE PREVENTION AND TREATMENT ACT


[SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

                           [TABLE OF CONTENTS

[Sec. 1. Short title and table of contents.
[Sec. 2. Findings.

                        [TITLE I--GENERAL PROGRAM

[Sec. 101. Office on Child Abuse and Neglect.
[Sec. 102. Advisory Board on Child Abuse and Neglect.
[Sec. 103. National clearinghouse for information relating to child 
          abuse.
[Sec. 104. Research and assistance activities.
[Sec. 105. Grants to public agencies and nonprofit private organizations 
          for demonstration programs and projects.
[Sec. 106. Grants to States for child abuse and neglect prevention and 
          treatment programs.
[Sec. 107. Grants to States for programs relating to the investigation 
          and prosecution of child abuse and neglect cases.
[Sec. 108. Miscellaneous requirements relating to assistance.
[Sec. 109. Coordination of child abuse and neglect programs.
[Sec. 110. Reports.
[Sec. 111. Definitions.
[Sec. 112. Authorization of appropriations.
[Sec. 113. Rule of construction.

      [TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

[Sec. 201. Purpose and authority.
[Sec. 202. Eligibility.
[Sec. 203. Amount of grant.
[Sec. 204. Existing grants.
[Sec. 205. Application.
[Sec. 206. Local program requirements.
[Sec. 207. Performance measures.
[Sec. 208. National network for community-based family resource 
          programs.
[Sec. 209. Definitions.
[Sec. 210. Authorization of appropriations.]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Keeping 
Children and Families Safe Act''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
Sec. 1. Short title; table of contents.

            TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 101. Short title.
Sec. 102. Findings.

                       Subtitle A--General Program

Sec. 111. Office on Child Abuse and Neglect.
Sec. 112. National clearinghouse for information relating to child 
          abuse.
Sec. 113. Research and assistance activities.
Sec. 114. Grants to public agencies and nonprofit private organizations 
          for demonstration programs and projects.
Sec. 115. Grants to States for child abuse and neglect prevention and 
          treatment programs.
Sec. 116. Grants to States for programs relating to the investigation 
          and prosecution of child abuse and neglect cases.
Sec. 117. Miscellaneous requirements relating to assistance.
Sec. 118. Coordination of child abuse and neglect programs.
Sec. 119. Reports.
Sec. 120. Definitions.
Sec. 121. Authorization of appropriations.
Sec. 122. Rule of construction.

Subtitle B--Community-Based Family Support Grants for the Prevention of 
                         Child Abuse and Neglect

Sec. 131. Purpose and authority.
Sec. 132. Eligibility.
Sec. 133. Amount of grant.
Sec. 134. Application.
Sec. 135. Local program requirements.
Sec. 136. Performance measures.
Sec. 137. National network for community-based family resource programs.
Sec. 138. Definitions.
Sec. 139. Authorization of appropriations.

       TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS

                   Subtitle A--Adoption Opportunities

Sec. 201. Short title.
Sec. 202. Congressional findings and declaration of purpose.
Sec. 203. Information and services.
Sec. 204. Study and report on dynamics of successful adoption.
Sec. 205. Authorization of appropriations.

                Subtitle B--Abandoned Infants Assistance

Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Establishment of local programs.
Sec. 224. Evaluations, study, and reports by secretary.
Sec. 225. Definitions.
Sec. 226. Authorization of appropriations.

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Child Abuse Prevention and 
Treatment Act''.

SEC. [2.] 102. FINDINGS.

  Congress finds that--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) the problem of child abuse and neglect requires a 
        comprehensive approach that--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (D) [ensures properly trained and support 
                staff with specialized knowledge,] ensures 
                staff have proper training and specialized 
                knowledge to carry out their child protection 
                duties; and

           *       *       *       *       *       *       *


                       [TITLE I--GENERAL PROGRAM]

                      Subtitle A--General Program

SEC. [101.] 111. OFFICE ON CHILD ABUSE AND NEGLECT.

  (a)  * * *
  (b) Purpose.--The purpose of the Office established under 
subsection (a) shall be to execute and coordinate the functions 
and activities of this [Act] title. In the event that such 
functions and activities are performed by another entity or 
entities within the Department of Health and Human Services, 
the Secretary shall ensure that such functions and activities 
are executed with the necessary expertise and in a fully 
coordinated manner involving regular intradepartmental and 
interdepartmental consultation with all agencies involved in 
child abuse and neglect activities.

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

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

SEC. [103.] 112. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
                    CHILD ABUSE.

  (a)  * * *
  (b) Functions.--The Secretary shall, through the 
clearinghouse established by subsection (a)--
          (1) maintain, coordinate, and disseminate information 
        on [all programs, including private programs, that show 
        promise of success] all effective programs, including 
        private programs, that show promise of success and the 
        potential for broad-scale implementation and 
        replication with respect to the prevention, assessment, 
        identification, and treatment of child abuse and 
        neglect; and

           *       *       *       *       *       *       *

  (c) Coordination With Available Resources.--
          (1) In general.--In establishing a national 
        clearinghouse as required by subsection (a), the 
        Secretary shall--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (E) compile, analyze, and publish a summary 
                of the research conducted under section 
                [105(a)] 113(a); [and]
                  (F) collect and disseminate information that 
                describes best practices being used throughout 
                the Nation for making appropriate referrals 
                related to, and addressing, the physical, 
                developmental, and mental health needs of 
                abused and neglected children; and
                  [(F)] (G) solicit public comment on the 
                components of such clearinghouse.

           *       *       *       *       *       *       *


SEC. [104.] 113. RESEARCH AND ASSISTANCE ACTIVITIES.

  (a) Research.--
          (1) Topics.--The Secretary shall, in consultation 
        with other Federal agencies and recognized experts in 
        the field, carry out a continuing interdisciplinary 
        program of research, including longitudinal research, 
        that is designed to provide information needed to 
        better protect children from abuse or neglect and to 
        improve the well-being of abused or neglected children, 
        with at least a portion of such research being field 
        initiated. Such research program may focus on--
                  (A) the nature and scope of child abuse and 
                neglect;
                  (B) causes, prevention, assessment, 
                identification, treatment, cultural and socio-
                economic distinctions, and the consequences of 
                child abuse and neglect, including the effects 
                of abuse and neglect on a child's development 
                and the identification of successful early 
                intervention services or other services that 
                are needed;
                  (C) appropriate, effective and culturally 
                sensitive investigative, administrative, and 
                [judicial procedures] judicial systems, 
                including multidisciplinary, coordinated 
                decisionmaking procedures with respect to cases 
                of child abuse; [and]
                  (D) the evaluation and dissemination of best 
                practices consistent with the goals of 
                achieving improvements in the child protective 
                services systems of the States in accordance 
                with paragraphs (1) through (12) of section 
                106(a);
                  (E) effective approaches to interagency 
                collaboration between the child protection 
                system and the juvenile justice system that 
                improve the delivery of services and treatment, 
                including methods for continuity of treatment 
                plan and services as children transition 
                between systems;
                  (F) an evaluation of the redundancies and 
                gaps in the services in the field of child 
                abuse and neglect prevention in order to make 
                better use of resources; and
                  (G) the information on the national incidence 
                of child abuse and neglect specified in 
                subparagraphs (A) through (K) of paragraph (2).
          [(D) the national incidence of child abuse and 
        neglect, including--] (2) The Secretary shall conduct 
        research on the national incidence of child abuse and 
        neglect, including--
                  [(i)] (A) the extent to which incidents of 
                child abuse are increasing or decreasing in 
                number and severity;
                  [(ii)] (B) the incidence of substantiated and 
                unsubstantiated reported child abuse cases;
                  [(iii)] (C) the number of substantiated cases 
                that result in a judicial finding of child 
                abuse or neglect or related criminal court 
                convictions;
                  [(iv)] (D) the extent to which the number of 
                unsubstantiated, unfounded and false reported 
                cases of child abuse or neglect have 
                contributed to the inability of a State to 
                respond effectively to serious cases of child 
                abuse or neglect;
                  [(v)] (E) the extent to which the lack of 
                adequate resources and the lack of adequate 
                training of individuals required by law to 
                report suspected cases of child abuse have 
                contributed to the inability of a State to 
                respond effectively to serious cases of child 
                abuse and neglect;
                  [(vi)] (F) the number of unsubstantiated, 
                false, or unfounded reports that have resulted 
                in a child being placed in substitute care, and 
                the duration of such placement;
                  [(vii)] (G) the extent to which 
                unsubstantiated reports return as more serious 
                cases of child abuse or neglect;
                  [(viii)] (H) the incidence and prevalence of 
                physical, sexual, and emotional abuse and 
                physical and emotional neglect in substitute 
                care; [and]
                  (I) the incidence and prevalence of child 
                maltreatment by reason of family structure, 
                including the living arrangement of the 
                resident parent, family income, and family 
                size; and
                  [(ix)] (J) the incidence and outcomes of 
                abuse allegations reported within the context 
                of divorce, custody, or other family court 
                proceedings, and the interaction between this 
                venue and the child protective services system.
          (3) Report.--Not later than 4 years after the date of 
        the enactment of the Keeping Children and Families Safe 
        Act of 2002, the Secretary shall prepare and submit to 
        the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor and Pensions of the Senate a report 
        that contains the results of the research conducted 
        under paragraph (2).
          [(2)] (4) Priorities.--(A) The Secretary shall 
        establish research priorities for making grants or 
        contracts for purposes of carrying out paragraph (1).
          [(B) In establishing research priorities as required 
        by subparagraph (A), the Secretary shall--
                  [(i) publish proposed priorities in the 
                Federal Register for public comment; and
                  [(ii) allow not less than 60 days for public 
                comment on such proposed priorities.]
          (B) The Secretary shall, every two years, provide 
        opportunity for public comment of such proposed 
        priorities and provide for an official record of such 
        public comment.
  (b) Provision of Technical Assistance.--
          (1) In general.--The Secretary shall provide 
        technical assistance to State and local public and 
        nonprofit private agencies and organizations, including 
        disability organizations and persons who work with 
        children with disabilities, to assist such agencies and 
        organizations in planning, improving, developing, and 
        carrying out programs and activities, including 
        replicating successful program models, relating to the 
        prevention, assessment, identification, and treatment 
        of child abuse and neglect.
          (2) Evaluation.--Such technical assistance may 
        include an evaluation or identification of--
                  (A)  * * *
                  (B) ways to mitigate psychological trauma to 
                the child victim; [and]
                  (C) effective programs carried out by the 
                States under [titles I and II.] this subtitle 
                and subtitle B; and
                  (D) effective approaches being utilized to 
                link child protective service agencies with 
                health care, mental health care, and 
                developmental services to improve forensic 
                diagnosis and health evaluations, and barriers 
                and shortages to such linkages.

           *       *       *       *       *       *       *

  (d) Peer Review for Grants.--
          (1) Establishment of peer review process.--(A) The 
        Secretary shall, in consultation with experts in the 
        field and other [federal] Federal agencies, establish a 
        formal, rigorous, and meritorious peer review process 
        for purposes of evaluating and reviewing applications 
        for grants under this section and determining the 
        relative merits of the projects for which such 
        assistance is requested. The purpose of this process is 
        to enhance the quality and usefulness of research in 
        the field of child abuse and neglect.

           *       *       *       *       *       *       *


SEC. [105.] 114. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE 
                    ORGANIZATIONS FOR DEMONSTRATION PROGRAMS AND 
                    PROJECTS.

  (a) Demonstration Programs and Projects.--The Secretary may 
make grants to, and enter into contracts with, public agencies 
or private nonprofit agencies or organizations (or combinations 
of such agencies or organizations) for time limited, 
demonstration programs and projects for the following purposes:
          (1) Training programs.--The Secretary may award 
        grants to public or private nonprofit organizations 
        under this section--
                  (A)  * * *
                  (B) to improve the recruitment, selection, 
                and training of volunteers serving in public 
                and private nonprofit children, youth and 
                family service organizations in order to 
                prevent child abuse and neglect through 
                collaborative analysis of current recruitment, 
                selection, and training programs and 
                development of model programs for dissemination 
                and replication nationally; [and]
                  (C) for the establishment of resource centers 
                for the purpose of providing information and 
                training to professionals working in the field 
                of child abuse and neglect[.];
                  (D) for training to support the enhancement 
                of linkages between child protective service 
                agencies and health care agencies, including 
                physical and mental health services, to improve 
                forensic diagnosis and health evaluations and 
                for innovative partnerships between child 
                protective service agencies and health care 
                agencies that offer creative approaches to 
                using existing Federal, State, local, and 
                private funding to meet the health evaluation 
                needs of children who have been subjects of 
                substantiated cases of child abuse or neglect;
                  (E) for the training of personnel in best 
                practices to promote collaboration with the 
                families from the initial time of contact 
                during the investigation through treatment; and
                  (F) for the training of personnel regarding 
                the legal duties of such personnel.
          (2) Mutual support programs.--The Secretary may award 
        grants to private nonprofit organizations [(such as 
        Parents Anonymous)] to establish or maintain a national 
        network of mutual support and self-help programs as a 
        means of strengthening families in partnership with 
        their communities.
          (3) Other innovative programs and projects.--
                  (A) In general.--The Secretary may award 
                grants to public and private nonprofit agencies 
                that demonstrate innovation in [responding to 
                reports] addressing the prevention and 
                treatment of child abuse and neglect [including 
                programs of collaborative partnerships between 
                the State child protective services agency, 
                community social service agencies and family 
                support programs, schools, churches and 
                synagogues, and other community agencies to 
                allow for the establishment of a triage 
                system], including community-based 
                organizations, national entities, collaborative 
                partnerships between State child protective 
                service agencies, statewide child abuse 
                prevention and treatment organizations, law 
                enforcement agencies, substance abuse treatment 
                entities, health care entities, domestic 
                violence prevention entities, mental health 
                services entities, developmental disability 
                agencies, community social service agencies, 
                family support programs, schools, religious 
                organizations, and other entities to allow for 
                the establishment of a triage system that--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) provides further investigation 
                        and intensive intervention where the 
                        [child's safety is in jeopardy] child's 
                        safety and health are in jeopardy.

           *       *       *       *       *       *       *

                  (D) Linkages between child protective service 
                agencies and public health, mental health, and 
                developmental disabilities agencies.--The 
                Secretary may award grants to entities that 
                provide linkages between State or local child 
                protective service agencies and public health, 
                mental health, and developmental disabilities 
                agencies, for the purpose of establishing 
                linkages that are designed to help assure that 
                a greater number of substantiated victims of 
                child maltreatment have their physical health, 
                mental health, and developmental needs 
                appropriately diagnosed and treated.
  (b) Discretionary Grants.--In addition to grants or contracts 
made under subsection [(b)] (a), grants or contracts under this 
section may be used for the following:
          (1)  * * *

           *       *       *       *       *       *       *

          (4) Programs based within children's hospitals, or 
        other pediatric and adolescent care facilities, that 
        provide model approaches for improving medical 
        diagnosis of child abuse and neglect and for health 
        evaluations of children for whom a report of 
        maltreatment has been substantiated.
          [(4)] (5)(A) Providing hospital-based information and 
        referral services to--
                  (i)  * * *

           *       *       *       *       *       *       *

          [(5)] (6) Such other innovative programs and projects 
        that show promise of preventing and treating cases of 
        child abuse and neglect as the Secretary may approve.
  (c) Evaluation.--In making grants for demonstration projects 
under this section, the Secretary shall require all such 
projects to be evaluated for their effectiveness. Funding for 
such evaluations shall be provided either as a stated 
percentage of a demonstration grant or as a separate grant or 
contract entered into by the Secretary for the purpose of 
evaluating a particular demonstration project or group of 
projects. In the case of an evaluation performed by the 
recipient of a demonstration grant, the Secretary shall make 
available technical assistance for the evaluation, where 
needed, to ensure a rigorous application of scientific 
evaluation techniques.

SEC. [106.] 115. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT 
                    PREVENTION AND TREATMENT PROGRAMS.

  (a)  Development and Operation Grants.--The Secretary shall 
make grants to the States, based on the population of children 
under the age of 18 in each State that applies for a grant 
under this section, for purposes of assisting the States in 
improving the child protective services system of each such 
State in--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) case management, including ongoing case 
        monitoring, and delivery of services and treatment 
        provided to children and their families;
          (4) enhancing the general child protective system by 
        improving risk and safety assessment tools and 
        protocols, [automation] management information and 
        technology systems that support the program and track 
        reports of child abuse and neglect from intake through 
        final disposition and information referral systems, 
        including to support the ability of States to collect 
        information for the National Child Abuse and Neglect 
        Data System;
          (5) developing, strengthening, and facilitating 
        training opportunities and requirements for individuals 
        overseeing and providing services to children and their 
        families through the child protection system, including 
        training regarding best practices to promote 
        collaboration with the families and the legal duties of 
        such individuals;
          (6) improving the quality and availability of 
        individuals providing services to children and 
        families, and the supervisors of such individuals, 
        through the child protection system, including 
        improvements in the recruitment and retention of 
        caseworkers;
          [(6)] (7) developing and facilitating training 
        protocols for individuals mandated to report child 
        abuse or neglect;
          (8) developing and delivering information to improve 
        public education relating to the role and 
        responsibilities of the child protection system and the 
        nature and basis for reporting suspected incidents of 
        child abuse and neglect;
          [(7)] (9) developing, strengthening, and supporting 
        child abuse and neglect prevention, treatment, and 
        research programs in the public and private sectors;
          [(8)] (10) developing, implementing, or operating--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (B) programs to assist in obtaining or 
                coordinating necessary services for families of 
                disabled infants with life-threatening 
                conditions, including--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) services necessary to 
                        facilitate adoptive placement of any 
                        such infants who have been relinquished 
                        for adoption; [or]
          (11) promoting partnerships between public agencies 
        and community-based organizations to provide child 
        abuse and neglect prevention and treatment services, 
        including linkages with education systems and health 
        care systems (including mental health systems);
          [(9)] (12) developing and enhancing the capacity of 
        community-based programs to integrate shared leadership 
        strategies between parents and professionals to prevent 
        and treat child abuse and neglect at the neighborhood 
        level[.];
          (13) supporting and enhancing interagency 
        collaboration between the child protection system and 
        the juvenile justice system for improved delivery of 
        services and treatment, including methods for 
        continuity of treatment plan and services as children 
        transition between systems; or
          (14) supporting and enhancing collaboration among 
        public health agencies, the child protection system, 
        and private community-based programs to address the 
        health needs of children identified as abused or 
        neglected, including supporting prompt, comprehensive 
        health and developmental evaluations for children who 
        are the subject of substantiated child maltreatment 
        reports.
  (b) Eligibility Requirements.--
          (1) State plan.--
                  (A)  * * *
                  (B) Additional requirement.--After the 
                submission of the initial grant application 
                under subparagraph (A), the State shall 
                [provide notice to the Secretary of any 
                substantive changes] provide notice to the 
                Secretary of--
                          (i) any substantive changes to any 
                        State law relating to the prevention of 
                        child abuse and neglect that may affect 
                        the eligibility of the State under this 
                        section[.]; and
                          (ii) any significant changes to how 
                        funds provided under this section are 
                        used to support the activities which 
                        may differ from the activities as 
                        described in the current State 
                        application.
          (2) Coordination.--A State plan submitted under 
        paragraph (1) shall, to the maximum extent practicable, 
        be coordinated with the State plan under part B of 
        title IV of the Social Security Act relating to child 
        welfare services and family preservation and family 
        support services, and shall contain an outline of the 
        activities that the State intends to carry out using 
        amounts received under the grant to achieve the 
        purposes of this title, including--
                  (A) an assurance in the form of a 
                certification by the chief executive officer of 
                the State that the State has in effect and is 
                enforcing a State law, or has in effect and is 
                operating a [Statewide program] statewide 
                program, relating to child abuse and neglect 
                that includes--
                          (i) provisions or procedures for the 
                        reporting of known and suspected 
                        instances of child abuse and neglect;
                          (ii) policies and procedures to 
                        address the needs of infants born and 
                        identified with fetal alcohol effects, 
                        fetal alcohol syndrome, neonatal 
                        intoxication or withdrawal syndrome, or 
                        neonatal physical or neurological harm 
                        resulting from prenatal drug exposure, 
                        including--
                                  (I) the requirement that 
                                health care providers involved 
                                in the delivery or care of such 
                                infants notify the child 
                                protective services system of 
                                the occurrence of such 
                                condition in such infants, 
                                except that such notification 
                                shall not be construed to 
                                create a definition under 
                                Federal law of what constitutes 
                                child abuse and such 
                                notification shall not be 
                                construed to require 
                                prosecution for any illegal 
                                action; and
                                  (II) the development of a 
                                safe plan of care for the 
                                infant under which 
                                consideration may be given to 
                                providing the mother with 
                                health services (including 
                                mental health services), social 
                                services, parenting services, 
                                and substance abuse prevention 
                                and treatment counseling and to 
                                providing the infant with 
                                referral to the statewide early 
                                intervention program funded 
                                under part C of the Individuals 
                                with Disabilities Education Act 
                                for an evaluation for the need 
                                for services provided under 
                                part C of such Act;
                          [(ii)] (iii) procedures for the 
                        immediate screening, safety assessment, 
                        and prompt investigation of such 
                        reports;
                          [(iii)] (iv) procedures for immediate 
                        steps to be taken to ensure and protect 
                        the safety of the abused or neglected 
                        child and of any other child under the 
                        same care who may also be in danger of 
                        abuse or neglect and ensuring their 
                        placement in a safe environment;
                          [(iv)] (v) provisions for immunity 
                        from prosecution under State and local 
                        laws and regulations for individuals 
                        making good faith reports of suspected 
                        or known instances of child abuse or 
                        neglect;
                          (vi) provisions to require a State to 
                        disclose confidential information to 
                        any Federal, State, or local government 
                        entity, or any agent of such entity, 
                        that has a need for such information in 
                        order to carry out its responsibilities 
                        under law to protect children from 
                        abuse and neglect;
                          [(v)] (vii) methods to preserve the 
                        confidentiality of all records in order 
                        to protect the rights of the child and 
                        of the child's parents or guardians, 
                        including requirements ensuring that 
                        reports and records made and maintained 
                        pursuant to the purposes of this [Act] 
                        title shall only be made available to--
                                  (I) individuals who are the 
                                subject of the report;
                                  (II) Federal, State, or local 
                                government entities, or any 
                                agent of such entities[, having 
                                a need for such information in 
                                order to carry out its 
                                responsibilities under law to 
                                protect children from abuse and 
                                neglect] as described in clause 
                                (vi);

           *       *       *       *       *       *       *

                          [(vi)] (viii) provisions which allow 
                        for public disclosure of the findings 
                        or information about the case of child 
                        abuse or neglect which has resulted in 
                        a child fatality or near fatality;
                          [(vii)] (ix) the cooperation of State 
                        law enforcement officials, court of 
                        competent jurisdiction, and appropriate 
                        State agencies providing human services 
                        in the investigation, assessment, 
                        prosecution, and treatment of child 
                        abuse or neglect;
                          [(viii)] (x) provisions requiring, 
                        and procedures in place that facilitate 
                        the prompt expungement of any records 
                        that are accessible to the general 
                        public or are used for purposes of 
                        employment or other background checks 
                        in cases determined to be 
                        unsubstantiated or false, except that 
                        nothing in this section shall prevent 
                        State child protective services 
                        agencies from keeping information on 
                        unsubstantiated reports in their 
                        casework files to assist in future risk 
                        and safety assessment;
                          [(ix)] (xi) provisions and procedures 
                        requiring that in every case involving 
                        an abused or neglected child which 
                        results in a judicial proceeding, a 
                        guardian ad litem, who may be an 
                        attorney or a court appointed special 
                        advocate (or both), shall be appointed 
                        to represent the child in such 
                        proceedings--
                                  (I) to obtain first-hand, a 
                                clear understanding of the 
                                situation and needs of the 
                                child; and
                                  (II) to make recommendations 
                                to the court concerning the 
                                best interests of the child;
                          [(x)] (xii) the establishment of 
                        citizen review panels in accordance 
                        with subsection (c);
                          [(xi)] (xiii) provisions, procedures, 
                        and mechanisms [to be effective not 
                        later than 2 years after the date of 
                        the enactment of this section]--
                                  (I)  * * *

           *       *       *       *       *       *       *

                          [(xii)] (xiv) provisions, procedures, 
                        and mechanisms [to be effective not 
                        later than 2 years after the date of 
                        the enactment of this section] that 
                        assure that the State does not require 
                        reunification of a surviving child with 
                        a parent who has been found by a court 
                        of competent jurisdiction--
                                  (I)  * * *

           *       *       *       *       *       *       *

                                  (IV) to have committed a 
                                felony assault that results in 
                                the serious bodily injury to 
                                the surviving child or another 
                                child of such parent; [and]
                          [(xiii)] (xv) an assurance that, upon 
                        the implementation by the State of the 
                        provisions, procedures, and mechanisms 
                        under [clause (xii)] clause (xiv), 
                        conviction of any one of the felonies 
                        listed in [clause (xii)] clause (xiv) 
                        constitute grounds under State law for 
                        the termination of parental rights of 
                        the convicted parent as to the 
                        surviving children (although case-by-
                        case determinations of whether or not 
                        to seek termination of parental rights 
                        shall be within the sole discretion of 
                        the State);
                          (xvi) provisions and procedures to 
                        require that a representative of the 
                        child protective services agency shall, 
                        at the initial time of contact with the 
                        individual subject to a child abuse and 
                        neglect investigation, advise the 
                        individual of the complaints or 
                        allegations made against the 
                        individual, in a manner that is 
                        consistent with laws protecting the 
                        rights of the informant;
                          (xvii) provisions addressing the 
                        training of representatives of the 
                        child protective services system 
                        regarding their legal duties, which may 
                        consist of procedures to inform such 
                        representatives of such duties, in 
                        order to protect the legal rights of 
                        children and families from the initial 
                        time of contact during the 
                        investigation through treatment;
                          (xviii) provisions and procedures for 
                        improving the training, retention, and 
                        supervision of caseworkers; and
                          (xix) provisions and procedures for 
                        referral of a child under the age of 3 
                        who is involved in a substantiated case 
                        of child abuse or neglect to the 
                        statewide early intervention program 
                        funded under part C of the Individuals 
                        with Disabilities Education Act for an 
                        evaluation for the need of services 
                        provided under part C of such Act.
                  (B) an assurance that the State has in place 
                procedures for responding to the reporting of 
                medical neglect (including instances of 
                withholding of medically indicated treatment 
                from disabled infants with life-threatening 
                conditions), procedures or programs, or both 
                (within the State child protective services 
                system), to provide for--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) authority, under State law, for 
                        the State child protective services 
                        system to pursue any legal remedies, 
                        including the authority to initiate 
                        legal proceedings in a court of 
                        competent jurisdiction, as may be 
                        necessary to prevent the withholding of 
                        medically indicated treatment from 
                        disabled infants with [life 
                        threatening] life-threatening 
                        conditions;

           *       *       *       *       *       *       *

          (3) Limitation.--[With regard to clauses (v) and (vi) 
        of paragraph (2)(A)] With regard to clauses (vi) and 
        (vii) of paragraph (2)(A), nothing in this section 
        shall be construed as restricting the ability of a 
        State to refuse to disclose identifying information 
        concerning the individual initiating a report or 
        complaint alleging suspected instances of child abuse 
        or neglect, except that the State may not refuse such a 
        disclosure where a court orders such disclosure after 
        such court has reviewed, in camera, the record of the 
        State related to the report or complaint and has found 
        it has reason to believe that the reporter knowingly 
        made a false report.

           *       *       *       *       *       *       *

  (c) Citizen Review Panels.--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) Functions.--
                  (A) In general.--Each panel established 
                pursuant to paragraph (1) shall, by examining 
                the [policies and procedures] policies, 
                procedures, and practices of State and local 
                agencies and where appropriate, specific cases, 
                evaluate the extent to which the agencies are 
                effectively discharging their child protection 
                responsibilities in accordance with--
                          (i)  * * *

           *       *       *       *       *       *       *

                  (C) Public outreach.--Each panel shall 
                provide for public outreach and comment in 
                order to assess the impact of current 
                procedures and practices upon children and 
                families in the community and in order to meet 
                its obligations under subparagraph (A).

           *       *       *       *       *       *       *

          (6) Reports.--Each panel established under paragraph 
        (1) shall prepare and make available to the State and 
        public, on an annual basis, a report containing a 
        summary of the activities of the panel.
  (d) Annual State Data Reports.--Each State to which a grant 
is made under this section shall annually work with the 
Secretary to provide, to the maximum extent practicable, a 
report that includes the following:
          (1)  * * *

           *       *       *       *       *       *       *

          (13) The annual report containing the summary of the 
        activities of the citizen review panels of the State 
        required by subsection (c)(6).
          (14) The number of children under the care of the 
        State child protection system transferred into the 
        custody of the State juvenile justice system.

           *       *       *       *       *       *       *


SEC. [107.] 116. GRANTS TO STATES FOR PROGRAMS RELATING TO THE 
                    INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND 
                    NEGLECT CASES.

  (a) Grants to States.--The Secretary, in consultation with 
the Attorney General, is authorized to make grants to the 
States for the purpose of assisting States in developing, 
establishing, and operating programs designed to improve--
          (1) the handling of child abuse and neglect cases, 
        particularly cases of child sexual abuse and 
        exploitation, in a manner which limits additional 
        trauma to the child victim;
          (2) the handling of cases of suspected child abuse or 
        neglect related fatalities; [and]
          (3) the investigation and prosecution of cases of 
        child abuse and neglect, particularly child sexual 
        abuse and exploitation[.]; and
          (4) the handling of cases involving children with 
        disabilities or serious health-related problems who are 
        victims of abuse or neglect.
  (b) Eligibility Requirements.--In order for a State to 
qualify for assistance under this section, such State shall--
          (1) fulfill the requirements of section [107(b)] 
        115(b);

           *       *       *       *       *       *       *

  (e) Adoption of State Task Force Recommendations.--
          (1) General rule.--Subject to the provisions of 
        paragraph (2), before a State receives assistance under 
        this section, a State shall adopt recommendations of 
        the State task force in each of the following 
        categories--
                  (A)  * * *
                  (B) experimental, model and demonstration 
                programs for testing innovative approaches and 
                techniques which may [improve the rate of 
                successful prosecution or enhance the 
                effectiveness of judicial and administrative 
                action in child abuse cases, particularly child 
                sexual abuse cases] 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 which also ensure procedural 
                fairness to the accused; and

           *       *       *       *       *       *       *


SEC. [108.] 117. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

  (a) Construction of Facilities.--
          (1) Restriction on use of funds.--Assistance provided 
        under this [Act] title may not be used for construction 
        of facilities.
          (2) Lease, rental, or repair.--The Secretary may 
        authorize the use of funds received under this [Act] 
        title--
                  (A) where adequate facilities are not 
                otherwise available, for the lease or rental of 
                facilities; or
                  (B) for the repair or minor remodeling or 
                alteration of existing facilities.
  (b) Geographical Distribution.--The Secretary shall establish 
criteria designed to achieve equitable distribution of 
assistance under this [Act] title among the States, among 
geographic areas of the Nation, and among rural and urban areas 
of the Nation. To the extent possible, the Secretary shall 
ensure that the citizens of each State receive assistance from 
at least one project under this [Act] title.
  (c) Limitation.--No funds appropriated for any grant or 
contract pursuant to authorizations made in this [Act] title 
may be used for any purpose other than that for which such 
funds were authorized to be appropriated.
  (d) Sense of Congress.--It is the sense of Congress that the 
Secretary should encourage all States and public and private 
agencies or organizations that receive assistance under this 
title to ensure that children and families with limited English 
proficiency who participate in programs under this title are 
provided materials and services under such programs in an 
appropriate language other than English.

SEC. [109.] 118. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS.

  The Secretary shall prescribe regulations and make such 
arrangements as may be necessary or appropriate to ensure that 
there is effective coordination among programs related to child 
abuse and neglect under this [Act] title and other such 
programs which are assisted by Federal funds.

SEC. [110.] 119. REPORTS.

  (a)  * * *
  (b) Effectiveness of State Programs and Technical 
Assistance.--Not later than two years after the first fiscal 
year for which funds are obligated under section 1404A of the 
Victims of Crime Act of 1984, the Secretary shall submit to the 
appropriate committees of Congress a report evaluating the 
effectiveness of assisted programs in achieving the objectives 
of section [107] 116.
  (c) Study and Report Relating to Citizen Review Panels.--
          (1) Study.--The Secretary shall conduct a study by 
        random sample on the effectiveness of the citizen 
        review panels established under section 106(c).
          (2) Report.--Not later than 3 years after the date of 
        the enactment of Keeping Children and Families Safe Act 
        of 2002, the Secretary shall submit to the Committee on 
        Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, 
        Labor and Pensions of the Senate a report that contains 
        the results of the study conducted under paragraph (1).

SEC. [111.] 120. DEFINITIONS.

  For purposes of this [title] subtitle--
          (1)  * * *

           *       *       *       *       *       *       *


SEC. [112.] 121. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--
          [(1) General authorization.--There are authorized to 
        be appropriated to carry out this title, $100,000,000 
        for fiscal year 1997, and such sums as may be necessary 
        for each of the fiscal years 1998 through 2001.]
          (1) General authorization.--There are authorized to 
        be appropriated to carry out this subtitle $120,000,000 
        for fiscal year 2003 and such sums as may be necessary 
        for each of the fiscal years 2004 through 2007.
          (2) Discretionary activities.--
                  (A) In general.--Of the amounts appropriated 
                for a fiscal year under paragraph (1), the 
                Secretary shall make available 30 percent of 
                such amounts to fund discretionary activities 
                under this [title] subtitle.
                  (B) Demonstration projects.--Of the amounts 
                made available for a fiscal year under 
                subparagraph (A), the [Secretary make] 
                Secretary shall make available not more than 40 
                percent of such amounts to carry out section 
                [106] 115.
  (b) Availability of Funds Without Fiscal Year Limitation.--
The Secretary shall ensure that funds appropriated pursuant to 
authorizations in this [title] subtitle shall remain available 
until expended for the purposes for which they were 
appropriated.

SEC. [113.] 122. RULE OF CONSTRUCTION.

  (a) In General.--Nothing in this [Act] title shall be 
construed--
          (1)  * * *

           *       *       *       *       *       *       *


     [TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS]

Subtitle B--Community-Based Family Support Grants for the Prevention of 
                        Child Abuse and Neglect

SEC. [201.] 131. PURPOSE AND AUTHORITY.

  (a) Purpose.--It is the purpose of this [title] subtitle--
          (1) to support State efforts to develop, operate, 
        expand and enhance a network of community-based, 
        [prevention-focused,] family resource and support 
        programs for the prevention of child abuse and neglect 
        that coordinate resources among existing education, 
        vocational rehabilitation, disability, respite care, 
        health, mental health, job readiness, self-sufficiency, 
        child and family development, community action, Head 
        Start, child care, child abuse and neglect prevention, 
        juvenile justice, domestic violence prevention and 
        intervention, housing, and other human service 
        organizations within the State; and
          (2) to foster an understanding, appreciation, and 
        knowledge of diverse populations in order to be 
        effective in preventing and treating child abuse and 
        neglect.
  (b) Authority.--The Secretary shall make grants under this 
[title] subtitle on a formula basis to the entity designated by 
the State as the lead entity (hereafter referred to in this 
[title] subtitle as the ``lead entity'') under section [202(1)] 
132(1) for the purpose of--
          (1) developing, operating, expanding and enhancing 
        [Statewide] statewide networks of community-based, 
        [prevention-focused, family resource and support 
        programs] family support programs for the prevention of 
        child abuse and neglect that--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (F) support the additional needs of families 
                with children with disabilities through respite 
                care and other services; [and]
                  [(G) decrease the risk of homelessness;]
                  (G) demonstrate a commitment to meaningful 
                parent leadership, including among parents of 
                children with disabilities, parents with 
                disabilities, racial and ethnic minorities, and 
                members of other underrepresented or 
                underserved groups;
                  (H) provide referrals to early health and 
                developmental services; or
                  (I) are accessible, effective, culturally 
                appropriate, developmentally appropriate, and 
                built upon existing strengths;

           *       *       *       *       *       *       *

          (3) financing the start-up, maintenance, expansion, 
        or redesign of specific family resource and support 
        program services (such as respite care services, child 
        abuse and neglect prevention activities, disability 
        services, mental health services, housing services, 
        transportation, adult education, home visiting and 
        other similar services) identified by the inventory and 
        description of current services required under section 
        [205(a)(3)] 134(a)(3) as an unmet need, and integrated 
        with the network of community-based family resource and 
        support program to the extent practicable given funding 
        levels and community priorities;
          (4) maximizing funding through leveraging of funds 
        for the financing, planning, community mobilization, 
        collaboration, assessment, information and referral, 
        startup, training and technical assistance, information 
        management, reporting and evaluation costs for 
        establishing, operating, or expanding a [Statewide] 
        statewide network of community-based, [prevention-
        focused, family resource and support program] family 
        support programs for the prevention of child abuse and 
        neglect; and

           *       *       *       *       *       *       *


SEC. [202.] 132. ELIGIBILITY.

  A State shall be eligible for a grant under this [title] 
subtitle for a fiscal year if--
          (1)(A) the chief executive officer of the State has 
        designated a lead entity to administer funds under this 
        [title] subtitle for the purposes identified under the 
        authority of this [title] subtitle, including to 
        develop, implement, operate, enhance or expand a 
        [Statewide] statewide network of community-based, 
        [prevention-focused, family resource and support 
        programs,] family support programs for the prevention 
        of child abuse and neglect [prevention activities] and 
        access to respite care services integrated with the 
        Statewide network;
          (B) such lead entity is an existing public, quasi-
        public, or nonprofit private entity (which may be an 
        entity that has not been established pursuant to State 
        legislation, executive order, or any other written 
        authority of the State) that exists to strengthen and 
        support families for purposes of preventing child abuse 
        and neglect and with a demonstrated ability to work 
        with other State and community-based agencies to 
        provide training and technical assistance, and that has 
        the capacity and commitment to ensure the meaningful 
        involvement of parents who are consumers and who can 
        provide leadership in the planning, implementation, and 
        evaluation of programs and policy decisions of the 
        applicant agency in accomplishing the desired outcomes 
        for such efforts;

           *       *       *       *       *       *       *

          (D) in the case of a State that has designated a 
        State trust fund advisory board for purposes of 
        administering funds under this [title] subtitle (as 
        such [title] subtitle was in effect on the date of the 
        enactment of the Child Abuse Prevention and Treatment 
        Act Amendments of 1996) and in which one or more 
        entities that leverage Federal, State, and private 
        funds (as described in subparagraph (C)) exist, the 
        chief executive officer shall designate the lead entity 
        only after full consideration of the capacity and 
        expertise of all entities desiring to be designated 
        under subparagraph (A);
          (2) the chief executive officer of the State provides 
        assurances that the lead entity will provide or will be 
        responsible for providing--
                  (A) a network of community-based [family 
                resource and support programs] family support 
                programs for the prevention of child abuse and 
                neglect composed of local, collaborative, 
                public-private partnerships directed by 
                interdisciplinary structures with balanced 
                representation from private and public sector 
                members, parents, and public and private 
                nonprofit service providers and individuals and 
                organizations experienced in working in 
                partnership with families with children with 
                disabilities and parents with disabilities;

           *       *       *       *       *       *       *

          (3) the chief executive officer of the State provides 
        assurances that the lead entity--
                  (A) has a demonstrated commitment to parental 
                participation in the development, operation, 
                and oversight of the [Statewide] statewide 
                network of community-based, [prevention-
                focused, family resource and support programs] 
                family support programs for the prevention of 
                child abuse and neglect;
                  (B) has a demonstrated ability to work with 
                State and community-based public and private 
                nonprofit organizations to develop a continuum 
                of preventive, family centered, comprehensive 
                services for children and families through the 
                [Statewide] statewide network of community-
                based, [prevention-focused, family resource and 
                support programs] family support programs for 
                the prevention of child abuse and neglect;
                  (C) has the capacity to provide operational 
                support (both financial and programmatic) and 
                training [and technical assistance], technical 
                assistance, and evaluation assistance, to the 
                [Statewide] statewide network of community-
                based, [prevention-focused, family resource and 
                support programs] family support programs for 
                the prevention of child abuse and neglect, 
                through innovative, interagency funding and 
                interdisciplinary service delivery mechanisms; 
                and
                  (D) will integrate its efforts with 
                individuals and organizations experienced in 
                working in partnership with families with 
                children with disabilities, parents with 
                disabilities, and with the child abuse and 
                neglect prevention activities of the State, and 
                demonstrate a financial commitment to those 
                activities.

SEC. [203.] 133. AMOUNT OF GRANT.

  (a) Reservation.--The Secretary shall reserve 1 percent of 
the amount appropriated under section [210] 139 for a fiscal 
year to make allotments to Indian tribes and tribal 
organizations and migrant programs.
  (b) Remaining Amounts.--
          (1) In general.--The Secretary shall allot the amount 
        appropriated under section [210] 139 for a fiscal year 
        and remaining after the reservation under subsection 
        (a) among the States as follows:
                  (A)  * * *
                  (B) 30 percent of such amount appropriated 
                shall be allotted among the States by allotting 
                to each State an amount that bears the same 
                proportion to such amount appropriated [as the 
                amount leveraged by the State from private, 
                State, or other non-Federal sources and 
                directed through the] as the amount of private, 
                State or other non-Federal funds leveraged and 
                directed through the currently designated State 
                lead agency in the preceding fiscal year bears 
                to the aggregate of the amounts leveraged by 
                all States from private, State, or other non-
                Federal sources and directed through [the lead 
                agency] the current lead agency of such States 
                in the preceding fiscal year.

           *       *       *       *       *       *       *


[SEC. 204. EXISTING GRANTS.

  [(a) In General.--Notwithstanding the enactment of the Child 
Abuse Prevention and Treatment Act Amendments of 1996, a State 
or entity that has a grant, contract, or cooperative agreement 
in effect, on the date of the enactment of such Act under any 
program described in subsection (b), shall continue to receive 
funds under such program, subject to the original terms under 
which such funds were provided under the grant, through the end 
of the applicable grant cycle.
  [(b) Programs Described.--The programs described in this 
subsection are the following:
          [(1) The Community-Based Family Resource programs 
        under section 201 of this Act, as such section was in 
        effect on the day before the date of the enactment of 
        the Child Abuse Prevention and Treatment Act Amendments 
        of 1996.
          [(2) The Family Support Center programs under 
        subtitle F of title VII of the Stewart B. McKinney 
        Homeless Assistance Act (42 U.S.C. 11481 et seq.), as 
        such title was in effect on the day before the date of 
        the enactment of the Child Abuse Prevention and 
        Treatment Act Amendments of 1996.
          [(3) The Emergency Child Abuse Prevention Services 
        grant program under section 107A of this Act, as such 
        section was in effect on the day before the date of the 
        enactment of the Human Services Amendments of 1994.
          [(4) Programs under the Temporary Child Care for 
        Children With Disabilities and Crisis Nurseries Act of 
        1986.]

SEC. [205.] 134. APPLICATION.

  A grant may not be made to a State under this [title] 
subtitle unless an application therefor is submitted by the 
State to the Secretary and such application contains the types 
of information specified by the Secretary as essential to 
carrying out the provisions of section [202] 132, including--
          (1) a description of the lead entity that will be 
        responsible for the administration of funds provided 
        under this [title] subtitle and the oversight of 
        programs funded through the [Statewide] statewide 
        network of community-based, [prevention-focused, family 
        resource and support programs] family support programs 
        for the prevention of child abuse and neglect which 
        meets the requirements of section [202] 132;
          (2) a description of how the network of community-
        based, [prevention-focused, family resource and support 
        programs] family support programs for the prevention of 
        child abuse and neglect will operate and how [family 
        resource and support services] family support services 
        provided by public and private, nonprofit 
        organizations, including those funded by programs 
        consolidated under this Act, will be integrated into a 
        developing continuum of family centered, holistic, 
        preventive services for children and families;
          (3) [an assurance that an inventory of] a description 
        of the inventory of current unmet needs, current 
        [family resource programs, respite care, child abuse 
        and neglect prevention activities,] family support 
        programs for the prevention of child abuse and neglect, 
        including respite care and other family resource 
        services operating in the State, and a description of 
        current unmet needs[, will be provided];
          (4) a budget for the development, operation and 
        expansion of the State's network of community-based, 
        [prevention-focused, family resource and support 
        programs] family support programs for the prevention of 
        child abuse and neglect that verifies that the State 
        will expend in non-Federal funds an amount equal to not 
        less than 20 percent of the amount received under this 
        [title] subtitle (in cash, not in-kind) for activities 
        under this [title] subtitle;
          (5) an assurance that funds received under this 
        [title] subtitle will supplement, not supplant, other 
        State and local public funds designated for start-up, 
        maintenance, expansion, and redesigning the [Statewide] 
        statewide network of community-based, [prevention-
        focused, family resource and support programs] family 
        support programs for the prevention of child abuse and 
        neglect;

           *       *       *       *       *       *       *

          (7) a description of the criteria that the entity 
        will use to develop, or select and fund, [individual 
        community-based, prevention-focused, family resource 
        and support programs] child abuse and neglect 
        prevention programs that are community-based, including 
        family support programs as part of network development, 
        expansion or enhancement;
          (8) a description of outreach activities that the 
        entity and the community-based, [prevention-focused, 
        family resource and support programs] family support 
        programs for the prevention of child abuse and neglect 
        will undertake to maximize the participation of racial 
        and ethnic minorities, children and adults with 
        disabilities, homeless families and those at risk of 
        homelessness, and members of other underserved or 
        underrepresented groups;
          (9) a plan for providing operational support, 
        training and technical assistance to community-based, 
        [prevention-focused, family resource and support 
        programs] family support programs for the prevention of 
        child abuse and neglect for development, operation, 
        expansion and enhancement activities;

           *       *       *       *       *       *       *

          (11) a description of the actions that the applicant 
        entity will take to advocate systemic changes in State 
        policies, practices, procedures and regulations to 
        improve the delivery of [prevention-focused, family 
        resource and support program services] family support 
        program services for the prevention of child abuse and 
        neglect to children and families; and
          [(13)] (12) an assurance that the applicant entity 
        will provide the Secretary with reports at such time 
        and containing such information as the Secretary may 
        require.

SEC. [206.] 135. LOCAL PROGRAM REQUIREMENTS.

  (a) In General.--Grants made under this [title] subtitle 
shall be used to develop, implement, operate, expand, network, 
and enhance community-based, [prevention-focused, family 
resource and support programs] family support programs for the 
prevention of child abuse and neglect that--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) provide--
                  (A) core [family resource and support 
                services] family support services for the 
                prevention of child abuse and neglect such as--
                          (i) parent education, mutual support 
                        and self help, and leadership services;
                          (ii) outreach services;
                          (iii) community and social service 
                        referrals; [and]
                          (iv) follow-up services;
                          (v) respite care;
                          (vi) home visiting; and
                          (vii) family support services;

           *       *       *       *       *       *       *

          (6) participate with other community-based, 
        [prevention-focused, family resource and support 
        program] family support programs for the prevention of 
        child abuse and neglect grantees in the development, 
        operation and expansion of the [Statewide] statewide 
        network.
  (b) Priority.--In awarding local grants under this [title] 
subtitle, a lead entity shall give priority to effective 
community-based programs serving low income communities and 
those serving young parents or parents with young children, 
including community-based family resource and support programs.

SEC. [207.] 136. PERFORMANCE MEASURES.

  A State receiving a grant under this [title] subtitle, 
through reports provided to the Secretary--
          (1) shall demonstrate the effective development, 
        operation and expansion of a [Statewide] statewide 
        network of community-based, [prevention-focused, family 
        resource and support programs] family support programs 
        for the prevention of child abuse and neglect that 
        meets the requirements of this [title] subtitle;
          (2) shall supply an inventory and description of the 
        services provided to families by local programs that 
        meet identified community needs[, including core and 
        optional services as described in section 202], such as 
        the services described in section 135(a)(3)(A);
          (3) shall demonstrate the establishment[ of new 
        respite care and other specific new family resources 
        services, and the expansion of existing services,] and 
        the maintenance, enhancement, or expansion of existing 
        services such as those described in section 
        135(a)(3)(A), to address unmet needs identified by the 
        inventory and description of current services required 
        under section [205(3)] 134(3);
          (4) shall describe the number of families served, 
        including families with children with disabilities, and 
        parents with disabilities, and the involvement of a 
        diverse representation of families in the design, 
        operation, and [evaluation of the Statewide network of 
        community-based, prevention-focused, family resource 
        and support programs, and in the design, operation and 
        evaluation of the individual community-based family 
        resource and support programs that are part of the 
        Statewide network funded under this title] evaluation 
        of community-based child abuse and neglect prevention 
        programs;
          (5) shall demonstrate a high level of satisfaction 
        among families who have used the services of the 
        community-based, [prevention-focused, family resource 
        and support programs] family support programs for the 
        prevention of child abuse and neglect;
          (6) shall demonstrate the establishment or 
        maintenance of innovative funding mechanisms, at the 
        State or community level, that blend Federal, State, 
        local and private funds, and innovative, 
        interdisciplinary service delivery mechanisms, for the 
        development, operation, expansion and enhancement of 
        the [Statewide] statewide network of community-based, 
        [prevention-focused, family resource and support 
        programs] family support programs for the prevention of 
        child abuse and neglect;

           *       *       *       *       *       *       *

          (8) shall demonstrate an implementation plan to 
        ensure the continued leadership of parents in the on-
        going planning, implementation, and evaluation of such 
        [community based] community-based, [prevention-focused, 
        family resource and support programs] family support 
        programs for the prevention of child abuse and neglect.

SEC. [208.] 137. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE 
                    PROGRAMS.

  The Secretary may allocate such sums as may be necessary from 
the amount provided under the State allotment to support the 
activities of the lead entity in the State--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) to fund a yearly symposium on State system change 
        efforts that result from the operation of the 
        [Statewide] statewide networks of community-based, 
        [prevention-focused, family resource and support 
        programs] family support programs for the prevention of 
        child abuse and neglect;

           *       *       *       *       *       *       *


SEC. [209.] 138. DEFINITIONS.

      For purposes of this title:
          (1) Children with disabilities.--The term ``children 
        with disabilities'' has the same meaning [given such 
        term in section 602(a)(2)] given the term ``child with 
        a disability'' in section 602(3) of the Individuals 
        with Disabilities Education Act.

           *       *       *       *       *       *       *

          (3) Family resource and support program.--The term 
        ``family resource and support program'' means a 
        community-based[, prevention-focused] entity that--
                  (A) provides, through direct service, the 
                [core services] core child abuse and neglect 
                prevention services required under this title, 
                including--
                          (i) parent education, support and 
                        leadership services[, together with 
                        services] characterized by 
                        relationships between parents and 
                        professionals that are based on 
                        [equality and respect, and] equality 
                        and respect that are designed to assist 
                        parents in acquiring parenting skills, 
                        learning about child development, and 
                        responding appropriately to the 
                        behavior of their children in order to 
                        prevent child abuse and neglect;
                          (ii) services to facilitate the 
                        ability of parents to serve as 
                        resources [to one another] for support 
                        of one another (such as through mutual 
                        support and parent self-help groups);

           *       *       *       *       *       *       *

                  (C) provides access to optional services, 
                directly or by contract, purchase of service, 
                or interagency agreement, including--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) referral to education services, 
                        such as [scholastic] academic tutoring, 
                        literacy training, and General 
                        Educational Degree services;

           *       *       *       *       *       *       *


[SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
title, $66,000,000 for fiscal year 1997 and such sums as may be 
necessary for each of the fiscal years 1998 through 2001.]

SEC. 139. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
subtitle $80,000,000 for fiscal year 2003 and such sums as may 
be necessary for each of the fiscal years 2004 through 2007.

      TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS

                   Subtitle A--Adoption Opportunities

SEC. 201. SHORT TITLE.

  This subtitle may be cited as the ``Adoption Opportunities 
Act of 2002''.

           *       *       *       *       *       *       *


                Subtitle B--Abandoned Infants Assistance

SEC. 221. SHORT TITLE.

  This subtitle may be cited as the ``Abandoned Infants 
Assistance Act of 2002''.

           *       *       *       *       *       *       *

                              ----------                              


[Section 135(a) of H.R. 3839 transfers and redesignates title II of the 
  Child Abuse Prevention and Treatment Act and Adoption Reform Act of 
 1978, as amended below, as subtitle A of title II of the Child Abuse 
                     Prevention and Treatment Act.]

CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978

           *       *       *       *       *       *       *


                   [TITLE II--ADOPTION OPPORTUNITIES]

SEC. [201.] 202. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

  (a) Findings.--Congress finds that--
          [(1) the number of children in substitute care 
        increased by nearly 61 percent between 1986 and 1994, 
        as our Nation's foster care population included more 
        than 452,000 as of June 1994;]
          [(2) increasingly] (1) children entering foster care 
        have complex problems [which] that require intensive 
        services;
          [(3) an increasing number of infants are born to 
        mothers who did not receive prenatal care, are born 
        addicted to alcohol and other drugs, and exposed to 
        infection with the etiologic agent for the human 
        immunodeficiency virus, are medically fragile, and 
        technology dependent;]
          (2) many such children have special needs because 
        they are born to mothers who did not receive prenatal 
        care, are born with life-threatening conditions or 
        disabilities, are born addicted to alcohol and other 
        drugs, or have been exposed to infection with the 
        etiologic agent for the human immunodeficiency virus;
          [(4) the welfare of] (3) each year, thousands of 
        children [in institutions and foster homes and disabled 
        infants with life-threatening conditions may be in 
        serious jeopardy and some such children] are in need of 
        placement in permanent, adoptive homes;
          [(5)] (4) many [thousands of] children remain in 
        institutions or foster homes solely because of legal 
        and other barriers to their placement in permanent, 
        adoptive homes;
          [(6) the majority of such children are of school age, 
        members of sibling groups or disabled;]
          [(7)] (5)(A) currently, [40,000] children of all 
        races and ages are free for adoption and awaiting 
        placement; and
          (B) such children are typically school aged, in 
        sibling groups, have experienced neglect or abuse, or 
        have a physical, mental, or emotional disability; [and]
          [(C) while the children are of all races, children of 
        color and older children (over the age of 10) are over 
        represented in such group;]
          [(8)] (6) adoption may be the best alternative for 
        assuring the healthy development of such children;
          [(9)] (7) there are qualified persons seeking to 
        adopt such children who are unable to do so because of 
        barriers to their placement; and
          [(10)] (8) in order both to enhance the stability and 
        love of the child's home environment and to avoid 
        wasteful expenditures of public funds, such children 
        should not have medically indicated treatment withheld 
        from them nor be maintained in foster care or 
        institutions when adoption is appropriate and families 
        can be found for such children.
  (b) Purpose.--It is the purpose of [this title] this subtitle 
to facilitate the elimination of barriers to adoption and to 
provide permanent and loving home environments for children who 
would benefit from adoption, particularly children with special 
needs, including disabled infants with life-threatening 
conditions, by providing a mechanism to--
          (1)  * * *

           *       *       *       *       *       *       *


                       [INFORMATION AND SERVICES]

  [Sec. 203. (a) The Secretary]

SEC. 203. INFORMATION AND SERVICES.

  (a) In General.--The Secretary shall establish in the 
Department of Health and Human Services an appropriate 
administrative arrangement to provide a centralized focus for 
planning and coordinating of all departmental activities 
affecting adoption and foster care and for carrying out the 
provisions of [this title] this subtitle. The Secretary shall 
make available such consultant services, on-site technical 
assistance and personnel, together with appropriate 
administrative expenses, including salaries and travel costs, 
as are necessary for carrying out such purposes, including 
services to facilitate the adoption of children with special 
needs and particularly of disabled infants with life-
threatening conditions and services to couples considering 
adoption of children with special needs.
  (b) Required Activities.--In connection with carrying out the 
provisions of [this title] this subtitle, the Secretary shall--
          (1)  * * *

           *       *       *       *       *       *       *

  [(c)(1) The Secretary]
  (c) Services for Families Adopting Special Needs Children.--
          (1) In general.--The Secretary shall provide 
        (directly or by grant to or contract with States, local 
        government entities, public or private nonprofit 
        licensed child welfare or adoption agencies or adoptive 
        family groups) for the provision of post legal adoption 
        services for families who have adopted special needs 
        children.
  [(2) Services]
          (2) Services.--Services provided under grants made 
        under this subsection shall supplement, not supplant, 
        services from any other funds available for the same 
        general purposes, including--
                  (A) individual counseling;
                  (B) group counseling;
                  (C) family counseling;
                  (D) case management;
                  (E) training public agency adoption 
                personnel, personnel of private, nonprofit 
                child welfare and adoption agencies licensed by 
                the State to provide adoption services, mental 
                health services professionals, and other 
                support personnel to provide services under 
                this subsection;
                  (F) assistance to adoptive parent 
                organizations; [and]
                  (G) assistance to support groups for adoptive 
                parents, adopted children, and siblings of 
                adopted children[.];
                  (H) day treatment; and
                  (I) respite care.
  [(d)(1) The Secretary]
  (d) Improving Placement Rate of Children in Foster Care.--
          (1) In general.--The Secretary shall make grants for 
        improving State efforts to increase the placement of 
        foster care children legally free for adoption, 
        according to a pre-established plan and goals for 
        improvement. Grants funded by this section must include 
        a strong evaluation [component which] component that 
        outlines the innovations used to improve the placement 
        of special needs children who are legally free for 
        adoption, and the successes and failures of the 
        initiative. The evaluations will be submitted to the 
        Secretary who will compile the results of projects 
        funded by this section and submit a report to the 
        appropriate committees of Congress. The emphasis of 
        this program must focus on the improvement of the 
        placement rate--not the aggregate number of special 
        needs children placed in permanent homes. The 
        Secretary, when reviewing grant applications shall give 
        priority to grantees who propose improvements designed 
        to continue in the absence of Federal funds.
  [(2)(A) Each State]
          (2) Applications; technical and other assistance.--
                  (A) Applications.--Each State entering into 
                an agreement under this subsection shall submit 
                an application to the Secretary that describes 
                the manner in which the State will use funds 
                during the 3 fiscal years subsequent to the 
                date of the application to accomplish the 
                purposes of this section. Such application 
                shall be in a form and manner determined to be 
                appropriate by the Secretary. Each application 
                shall include verification of the placements 
                described in paragraph (1).
  [(B) The Secretary]
                  (B) Technical and other assistance.--The 
                Secretary shall provide, directly or by grant 
                to or contract with public or private nonprofit 
                agencies or organizations--
                          (i) technical assistance and resource 
                        and referral information to assist 
                        State or local governments with 
                        termination of parental rights issues, 
                        in recruiting and retaining adoptive 
                        families, in the successful placement 
                        of children with special needs, and in 
                        the provision of pre- and post-
                        placement services, including post-
                        legal adoption services; and
                          (ii) other assistance to help State 
                        and local governments replicate 
                        successful adoption-related projects 
                        from other areas in the United States.
  [(3)(A) Payments]
          (3) Payments.--
                  (A) In general.--Payments under this 
                subsection shall begin during fiscal year 1989. 
                Payments under this section during any fiscal 
                year shall not exceed $1,000,000. No payment 
                may be made under this subsection unless an 
                amount in excess of $5,000,000 is appropriated 
                for such fiscal year under section 205(a).
  [(B) Any payment]
                  (B) Reversion of unused funds.--Any payment 
                made to a State under this subsection which is 
                not used by such State for the purpose provided 
                in paragraph (1) during the fiscal year payment 
                is made shall revert to the Secretary on 
                October 1st of the next fiscal year and shall 
                be used to carry out the purposes of this Act.

                [STUDY OF UNLICENSED ADOPTION PLACEMENTS

  [Sec. 204. The Secretary shall provide for a study (the 
results of which shall be reported to the appropriate 
committees of the Congress not later than eighteen months after 
the date of enactment of this Act) designed to determine the 
nature, scope, and effects of the interstate (and, to the 
extent feasible, intrastate) placement of children in adoptive 
homes (not including the homes of stepparents or relatives of 
the child in question) by persons or agencies which are not 
licensed by or subject to regulation by any governmental 
entity.]

SEC. 204. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.

  The Secretary shall conduct research (directly or by grant 
to, or contract with, public or private nonprofit research 
agencies or organizations) about adoption outcomes and the 
factors affecting those outcomes. The Secretary shall submit a 
report containing the results of such research to the 
appropriate committees of the Congress not later than the date 
that is 36 months after the date of the enactment of the 
Keeping Children and Families Safe Act of 2002.

                    [AUTHORIZATION OF APPROPRIATIONS

  [Sec. 205. (a) There are authorized to be appropriated, 
$20,000,000 for fiscal year 1997, and such sums as may be 
necessary for each of the fiscal years 1998 through 2001 to 
carry out programs and activities authorized.]

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated 
$40,000,000 for fiscal year 2003 and such sums as may be 
necessary for fiscal years 2004 through 2007 to carry out 
programs and activities authorized under this subtitle.
  (b) Availability.--The Secretary shall ensure that funds 
appropriated pursuant to authorizations in this Act shall 
remain available until expended for the purposes for which they 
were appropriated.
                              ----------                              


 [Section 145(b) of H.R. 3839 transfers and redesignates the Abandoned 
  Infants Assistance Act of 1988, as amended below, as subtitle B of 
       title II of the Child Abuse Prevention and Treatment Act.]

                ABANDONED INFANTS ASSISTANCE ACT OF 1988

[SECTION 1. SHORT TITLE.

  [This Act may be cited as the ``Abandoned Infants Assistance 
Act of 1988''.]

SEC. [2.] 222. FINDINGS.

  The Congress finds that--
          [(1) throughout the Nation, the number of infants and 
        young children who have been exposed to drugs taken by 
        their mothers during pregnancy has increased 
        dramatically;]
          [(2)] (1) studies indicate that a number of factors 
        contribute to the inability of some parents [who abuse 
        drugs] to provide adequate [care for such infants] care 
        for their infants and young children and a lack of 
        suitable shelter homes for such infants and young 
        children have led to the abandonment of such infants 
        and young children in hospitals for extended periods;
          [(3)] (2) an unacceptable number of these infants and 
        young children will be medically cleared for discharge, 
        yet remain in hospitals as boarder babies;
          [(4)] (3) hospital-based child care for these infants 
        and young children is extremely costly and deprives 
        them of an adequate nurturing environment;
          [(5) training is inadequate for foster care personnel 
        working with medically fragile infants and young 
        children and infants and young children exposed to 
        drugs;
          [(6) a particularly devastating development is the 
        increase in the number of infants and young children 
        who are infected with the human immunodeficiency virus 
        (which is believed to cause acquired immune deficiency 
        syndrome and which is commonly known as HIV) or who 
        have been perinatally exposed to the virus or to a 
        dangerous drug;
          [(7) many such infants and young children have at 
        least one parent who is an intravenous drug abuser;]
          (4) appropriate training is needed for personnel 
        working with infants and young children with life-
        threatening conditions and other special needs, 
        including those who are infected with the human 
        immunodeficiency virus (commonly known as ``HIV''), 
        those who have acquired immune deficiency syndrome 
        (commonly know as ``AIDS''), and those who have been 
        exposed to dangerous drugs;
          [(8)] (5) such infants and young children are 
        particularly difficult to place in foster homes, and 
        are being abandoned in hospitals in increasing numbers 
        by mothers dying of acquired immune deficiency 
        syndrome, by parents abusing drugs, or by parents 
        incapable of providing adequate care;
          [(9)] (6) there is a need for [comprehensive services 
        for such infants and young children, including foster 
        family care services, case management services, family 
        support services, respite and crisis intervention 
        services, counseling services, and group residential 
        home services;] comprehensive support services for such 
        infants and young children and their families and 
        services to prevent the abandonment of such infants and 
        young children, including foster care services, case 
        management services, family support services, respite 
        and crisis intervention services, counseling services, 
        and group residential home services; and
          [(10) there is a need to support the families of such 
        infants and young children through the provision of 
        services that will prevent the abandonment of the 
        infants and children; and
          [(11) there is a need for the development of funding 
        strategies that coordinate and make the optimal use of 
        all private resources, and Federal, State, and local 
        resources, to establish and maintain such services.]
          (7) Private, Federal, State, and local resources 
        should be coordinated to establish and maintain such 
        services and to ensure the optimal use of all such 
        resources.

[TITLE I--PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG CHILDREN 
                             IN HOSPITALS]

[SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.]

SEC. 223. ESTABLISHMENT OF LOCAL PROGRAMS.

  (a)  * * *
  [(b) Priority in Provision of Services.--The Secretary may 
not make a grant under subsection (a) unless the applicant for 
the grant agrees that, in carrying out the purpose described in 
subsection (a) (other than with respect to paragraph (6) of 
such subsection), the applicant will give priority to abandoned 
infants and young children--
          [(1) who are infected with the human immunodeficiency 
        virus or who have been perinatally exposed to the 
        virus; or
          [(2) who have been perinatally exposed to a dangerous 
        drug.]
  (b) Priority in Provision of Services.--The Secretary may not 
make a grant under subsection (a) unless the applicant for the 
grant agrees to give priority to abandoned infants and young 
children who--
          (1) are infected with, or have been perinatally 
        exposed to, the human immunodeficiency virus, or have a 
        life-threatening illness or other special medical need; 
        or
          (2) have been perinatally exposed to a dangerous 
        drug.

           *       *       *       *       *       *       *

  (d) Administration of Grant.--
          [(1) The Secretary] (1) In general.--The Secretary 
        may not make a grant under subsection (a) unless the 
        applicant for the grant agrees--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (D) that if, [during the majority of the 180-
                day period preceding the date of the enactment 
                of this Act,] during the majority of the 180-
                day period preceding the date of the enactment 
                of the Keeping Children and Families Safe Act 
                of 2002, the applicant has carried out any 
                program with respect to the care of abandoned 
                infants and young children, the applicant will 
                expend the grant only for the purpose of 
                significantly expanding, in accordance with 
                subsection (a), activities under such program 
                above the level provided under such program 
                during the majority of such period.
          [(2) Subject] (2) Duration of grants.--Subject to the 
        availability of amounts made available in 
        appropriations Acts for the fiscal year involved, the 
        duration of a grant under subsection (a) shall be for a 
        period of 3 years, except that the Secretary--
                  (A)  * * *

           *       *       *       *       *       *       *


[SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.

  [(a) Evaluations of Demonstration Projects.--The Secretary 
shall, directly or through contracts with public and nonprofit 
private entities, provide for evaluations of projects carried 
out under section 101 and for the dissemination of information 
developed as result of such projects.
  [(b) Dissemination of Information to Individuals With Special 
Needs.--
          [(1)(A) The Secretary may enter into contracts or 
        cooperative agreements with public or nonprofit private 
        entities for the development and operation of model 
        projects to disseminate the information described in 
        subparagraph (B) to individuals who are 
        disproportionately at risk of dysfunctional behaviors 
        that lead to the abandonment of infants or young 
        children.
          [(B) The information referred to in subparagraph (A) 
        is information on the availability to individuals 
        described in such subparagraph, and the families of the 
        individuals, of financial assistance and services under 
        Federal, State, local, and private programs providing 
        health services, mental health services, educational 
        services, housing services, social services, or other 
        appropriate services.
          [(2) The Secretary may not provide a contract or 
        cooperative agreement under paragraph (1) to an entity 
        unless--
                  [(A) the entity has demonstrated expertise in 
                the functions with respect to which such 
                financial assistance is to be provided; and
                  [(B) the entity agrees that in disseminating 
                information on programs described in such 
                paragraph, the entity will give priority--
                          [(i) to providing the information to 
                        individuals described in such paragraph 
                        who--
                                  [(I) engage in the abuse of 
                                alcohol or drugs, who are 
                                infected with the human 
                                immunodeficiency virus, or who 
                                have limited proficiency in 
                                speaking the English language; 
                                or
                                  [(II) have been historically 
                                underserved in the provision of 
                                the information; and
                          [(ii) to providing information on 
                        programs that are operated in the 
                        geographic area in which the 
                        individuals involved reside and that 
                        will assist in eliminating or reducing 
                        the extent of behaviors described in 
                        such paragraph.
          [(3) In providing contracts and cooperative 
        agreements under paragraph (1), the Secretary may not 
        provide more than 1 such contract or agreement with 
        respect to any geographic area.
          [(4) Subject to the availability of amounts made 
        available in appropriations Acts for the fiscal year 
        involved, the duration of a contract or cooperative 
        agreement under paragraph (1) shall be for a period of 
        3 years, except that the Secretary may terminate such 
        financial assistance if the Secretary determines that 
        the entity involved has substantially failed to comply 
        with the agreements required as a condition of the 
        provision of the assistance.
  [(c) Study and Report on Number of Abandoned Infants and 
Young Children.--
          [(1) The Secretary shall conduct a study for the 
        purpose of determining--
                  [(A) an estimate of the number of infants and 
                young children abandoned in hospitals in the 
                United States and the number of such infants 
                and young children who are infants and young 
                children described in section 101(b); and
                  [(B) an estimate of the annual costs incurred 
                by the Federal Government and by State and 
                local governments in providing housing and care 
                for such infants and young children.
          [(2) Not later than April 1, 1992, the Secretary 
        shall complete the study required in paragraph (1) and 
        submit to the Congress a report describing the findings 
        made as a result of the study.
  [(d) Study and Report on Effective Care Methods.--
          [(1) The Secretary shall conduct a study for the 
        purpose of determining the most effective methods for 
        responding to the needs of abandoned infants and young 
        children.
          [(2) The Secretary shall, not later than April 1, 
        1991, complete the study required in paragraph (1) and 
        submit to the Congress a report describing the findings 
        made as a result of the study.

[SEC. 103. DEFINITIONS.

  [For purposes of this title:
          [(1) The terms ``abandoned'' and ``abandonment'', 
        with respect to infants and young children, mean that 
        the infants and young children are medically cleared 
        for discharge from acute-care hospital settings, but 
        remain hospitalized because of a lack of appropriate 
        out-of-hospital placement alternatives.
          [(2) The term ``dangerous drug'' means a controlled 
        substance, as defined in section 102 of the Controlled 
        Substances Act.
          [(3) The term ``natural family'' shall be broadly 
        interpreted to include natural parents, grandparents, 
        family members, guardians, children residing in the 
        household, and individuals residing in the household on 
        a continuing basis who are in a care-giving situation 
        with respect to infants and young children covered 
        under this Act.]

SEC. 224. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

  (a) Evaluations of Local Programs.--The Secretary shall, 
directly or through contracts with public and nonprofit private 
entities, provide for evaluations of projects carried out under 
section 101 and for the dissemination of information developed 
as a result of such projects.
  (b) Study and Report on Number of Abandoned Infants and Young 
Children.--
          (1) In general.--The Secretary shall conduct a study 
        for the purpose of determining--
                  (A) an estimate of the annual number of 
                infants and young children relinquished, 
                abandoned, or found dead in the United States 
                and the number of such infants and young 
                children who are infants and young children 
                described in section 223(b);
                  (B) an estimate of the annual number of 
                infants and young children who are victims of 
                homicide;
                  (C) characteristics and demographics of 
                parents who have abandoned an infant within 1 
                year of the infant's birth; and
                  (D) an estimate of the annual costs incurred 
                by the Federal Government and by State and 
                local governments in providing housing and care 
                for abandoned infants and young children.
          (2) Deadline.--Not later than 36 months after the 
        date of the enactment of the Keeping Children and 
        Families Safe Act of 2002, the Secretary shall complete 
        the study required under paragraph (1) and submit to 
        the Congress a report describing the findings made as a 
        result of the study.
  (c) Evaluation.--The Secretary shall evaluate and report on 
effective methods of intervening before the abandonment of an 
infant or young child so as to prevent such abandonments, and 
effective methods for responding to the needs of abandoned 
infants and young children.

SEC. 225. DEFINITIONS.

  For purposes of this subtitle:
          (1) The terms ``abandoned'' and ``abandonment'', with 
        respect to infants and young children, mean that the 
        infants and young children are medically cleared for 
        discharge from acute-care hospital settings, but remain 
        hospitalized because of a lack of appropriate out-of-
        hospital placement alternatives.
          (2) The term ``acquired immune deficiency syndrome'' 
        includes infection with the etiologic agent for such 
        syndrome, any condition indicating that an individual 
        is infected with such etiologic agent, and any 
        condition arising from such etiologic agent.
          (3) The term ``dangerous drug'' means a controlled 
        substance, as defined in section 102 of the Controlled 
        Substances Act.
          (4) The term ``natural family'' shall be broadly 
        interpreted to include natural parents, grandparents, 
        family members, guardians, children residing in the 
        household, and individuals residing in the household on 
        a continuing basis who are in a care-giving situation 
        with respect to infants and young children covered 
        under this subtitle.
          (5) The term ``Secretary'' means the Secretary of 
        Health and Human Services.

SEC. [104.] 226. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--
          [(1) For the purpose of carrying out this title 
        (other than section 102(b)), there are authorized to be 
        appropriated $35,000,000 for fiscal year 1997 and such 
        sums as may be necessary for each of the fiscal years 
        1998 through 2001.
          [(2)(A) Of the amounts appropriated under paragraph 
        (1) for any fiscal year in excess of the amount 
        appropriated under this subsection for fiscal year 
        1991, as adjusted in accordance with subparagraph (B), 
        the Secretary shall make available not less than 50 
        percent for grants under section 101(a) to carry out 
        projects described in paragraph (8) of such section.
          [(B) For purposes of subparagraph (A), the amount 
        relating to fiscal year 1991 shall be adjusted for a 
        fiscal year to a greater amount to the extent necessary 
        to reflect the percentage increase in the consumer 
        price index for all urban consumers (U.S. city average) 
        for the 12-month period ending with March of the 
        preceding fiscal year.
          [(3) Not more than 5 percent of the amounts 
        appropriate under paragraph (1) for any fiscal year may 
        be obligated for carrying out section 102(a).
  [(b) Dissemination of Information for Individuals With 
Special Needs.--For the purpose of carrying out section 102(b), 
there is authorized to be appropriated $5,000,000 for each of 
the fiscal years 1992 through 1995.]
  (a) In General.--
          (1) Authorization.--For the purpose of carrying out 
        this subtitle, there are authorized to be appropriated 
        $45,000,000 for fiscal year 2003 and such sums as may 
        be necessary for fiscal years 2004 through 2007.
          (2) Limitation.--Not more than 5 percent of the 
        amounts appropriate under paragraph (1) for any fiscal 
        year may be obligated for carrying out section 224(a).
  [(c)] (b) Administrative Expenses.--
          (1) Authorization.--For the purpose of the 
        administration of [this title] this subtitle by the 
        Secretary, there is authorized to be appropriated for 
        each fiscal year specified in subsection (a)(1) an 
        amount equal to 5 percent of the amount authorized in 
        such subsection to be appropriated for the fiscal year. 
        With respect to the amounts appropriated under such 
        subsection, the preceding sentence may not be construed 
        to prohibit the expenditure of the amounts for the 
        purpose described in such sentence.
          (2) Limitation.--The Secretary may not obligate any 
        of the amounts appropriated under paragraph (1) for a 
        fiscal year unless, from the amounts appropriated under 
        subsection (a)(1) for the fiscal year, the Secretary 
        has obligated for the purpose described in such 
        paragraph an amount equal to the amounts obligated by 
        the Secretary for such purpose in [fiscal year 1991.] 
        fiscal year 2002.
  [(d)] (c) Availability of Funds.--Amounts appropriated under 
this section shall remain available until expended.

 [TITLE II--MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED IMMUNE 
                          DEFICIENCY SYNDROME

[SEC. 201. STUDY AND REPORT ON ASSISTANCE.

  [(a) Study.--The Secretary shall conduct a study for the 
purpose of--
          [(1) determining cost-effective methods for providing 
        assistance to individuals for the medical costs of 
        treatment of conditions arising from infection with the 
        etiologic agent for acquired immune deficiency 
        syndrome, including determining the feasibility of 
        risk-pool health insurance for individuals at risk of 
        such infection;
          [(2) determining the extent to which Federal payments 
        under title XIX of the Social Security Act are being 
        expended for medical costs described in paragraph (1); 
        and
          [(3) providing an estimate of the extent to which 
        such Federal payments will be expended for such medical 
        costs during the 5-year period beginning on the date of 
        the enactment of this Act.
  [(b) Report.--The Secretary shall, not later than 12 months 
after the date of the enactment of this Act, complete the study 
required in subsection (a) and submit to the Committee on 
Energy and Commerce of the House of Representatives, and to the 
Committee on Labor and Human Resources of the Senate, a report 
describing the findings made as a result of the study.

                     [TITLE III--GENERAL PROVISIONS

[SEC. 301. DEFINITIONS.

[For purposes of this Act:
          [(1) The term ``acquired immune deficiency syndrome'' 
        includes infection with the etiologic agent for such 
        syndrome, any condition indicating that an individual 
        is infected with such etiologic agent, and any 
        condition arising from such etiologic agent.
          [(2) The term ``Secretary'' means the Secretary of 
        Health and Human Services.]
                              ----------                              


       SECTION 421 OF THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973

                              DEFINITIONS

  Sec. 421. For the purposes of this Act--
          (1)  * * *

           *       *       *       *       *       *       *

          (7) the term ``boarder baby'' means an infant 
        described in [section 103 of the Abandoned Infants 
        Assistance Act of 1988 (Public Law 100-505; 42 U.S.C. 
        670 note);] section 225(1) of the Abandoned Infants 
        Assistance Act of 2002;

           *       *       *       *       *       *       *

                              ----------                              


              FAMILY VIOLENCE PREVENTION AND SERVICES ACT

           *       *       *       *       *       *       *


                         DECLARATION OF PURPOSE

  Sec. 302. It is the purpose of this title to--
          (1) [demonstrate the effectiveness of assisting] 
        assist States in efforts to increase public awareness 
        about and prevent family violence and to provide 
        immediate shelter and related assistance for victims of 
        family violence and their dependents; and

           *       *       *       *       *       *       *


                 STATE DEMONSTRATION GRANTS AUTHORIZED

  Sec. 303. (a)(1)  * * *
  (2) No grant may be made under this subsection unless the 
chief executive officer of the State seeking such grant submits 
an application to the Secretary at such time and in such manner 
as the Secretary may reasonably require. Each such application 
shall--
          (A)  * * *
          (B) provide, with respect to funds provided to a 
        State under this subsection for any fiscal year, that--
                  (i) not more than [5] 2 percent of such funds 
                will be used for State administrative costs; 
                and

           *       *       *       *       *       *       *

          (C) set forth procedures designed to involve [State 
        domestic violence coalitions knowledgeable individuals 
        and interested organizations] State domestic violence 
        coalitions, knowledgeable individuals, and interested 
        organizations and assure an equitable distribution of 
        grants and grant funds within the State and between 
        urban and rural areas within such State and a plan to 
        address the needs of underserved populations, including 
        populations underserved because of ethnic, racial, 
        cultural, language diversity or geographic isolation;

           *       *       *       *       *       *       *

          (F) provide documentation to the Secretary that the 
        State has a law or procedure that has been implemented 
        for the eviction of an abusing spouse from a share 
        household; and

           *       *       *       *       *       *       *

  (4) Upon completion of the activities funded by a grant under 
this subpart, the State grantee shall file a performance report 
with the Director explaining the activities carried out 
together with an assessment of the effectiveness of those 
activities in achieving the purposes of this subpart. A section 
of this performance report shall be completed by each grantee 
or subgrantee that performed the direct services contemplated 
in the application certifying performance of direct services 
under the grant. The Director shall suspend funding for an 
approved application if an applicant fails to submit an annual 
performance report or if the funds are expended for purposes 
other than those set forth under this subpart, after following 
the procedures set forth in paragraph (3). Federal funds may be 
used only to supplement, not supplant, State funds.
  (b)(1) The Secretary, from amounts appropriated to carry out 
this section, shall make available not less than 10 percent of 
such amounts to make grants to Indian tribes, tribal 
organizations and nonprofit private organizations approved by 
an Indian Tribe for the operation of a family violence shelter 
on a Reservation for projects designed to prevent family 
violence and to provide immediate shelter and related 
assistance for victims of family violence and their dependents. 
Not more than 2 percent of amounts made available for a fiscal 
year to make grants under the preceding sentence may be used 
for administrative costs with respect to such grants.

           *       *       *       *       *       *       *


                      Secretarial responsibilities

  Sec. 305. (a)  * * *
  (b) The Secretary shall--
          (1)  * * *
          (2)(A) [provide for research, and into] provide for 
        research into the most effective prevention, 
        identification, and treatment thereof (such as research 
        into (i) the effectiveness of reducing repeated 
        incidents of family violence through a variety of 
        sentencing alternatives, such as incarceration, fines, 
        and counseling programs, individually or in 
        combination, and through the use of civil protection 
        orders removing the abuser from the family household, 
        (ii) the necessity and impact of a mandatory reporting 
        requirement relating to incidents of family violence, 
        particularly abuse of elderly persons), (iii) the 
        effectiveness of providing safety and support to 
        maternal and child victims of family violence as a way 
        to eliminate the abuse experienced by children in such 
        situations, (iv) identification of intervention 
        approaches to child abuse prevention services which 
        appear to be successful in preventing child abuse where 
        both mother and child are abused, (v) effective and 
        appropriate treatment services for children where both 
        mother and child are abused, and (vi) the individual 
        and situational factors leading to the end of violent 
        and abusive behavior by persons who commit acts of 
        family violence, including such factors as history of 
        previous violence and the legal and service 
        interventions received, and (B) make a complete study 
        and investigation (in consultation with the National 
        Institute on Aging) of the national incidence of abuse, 
        neglect, and exploitation of elderly persons, including 
        a determination of the extent to which incidents of 
        such abuse, neglect, and exploitation are increasing in 
        number or severity; and

           *       *       *       *       *       *       *


                               EVALUATION

  Sec. 306. [Not later than two years after the date on which 
funds are obligated under section 303(a) for the first time 
after the date of the enactment of this title, and every two 
years thereafter,] Every two years the Secretary shall review, 
evaluate, and report to the appropriate Committees of the 
Congress, as to the effectiveness of the programs administered 
and operated pursuant to this title, particularly in relation 
to repeated incidents of family violence. Such report shall 
also include a summary of the documentation provided to the 
Secretary under section 303(a)(2)(B) through 303(a)(2)(F).

           *       *       *       *       *       *       *


SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

  (a)  * * *

           *       *       *       *       *       *       *

  [(g) Regulations.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after such date of enactment, the Secretary shall publish final 
regulations.]

           *       *       *       *       *       *       *


SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out this title $175,000,000 for each of fiscal years 2001 
through 2005.]
  (a) In General.--There are authorized to be appropriated to 
carry out this title $175,000,000 for each of the fiscal years 
2003 through 2007.

           *       *       *       *       *       *       *


SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

  (a) In General.--The Secretary shall award grants for the 
funding of State domestic violence coalitions. Such coalitions 
shall further the purposes of domestic violence intervention 
and prevention through activities, including--
          (1)  * * *
          (2) working with judicial and law enforcement 
        agencies to encourage appropriate responses to domestic 
        violence cases and examine issues including--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (K) the use of training and technical 
                assistance to law enforcement, judges, court 
                officers and [other criminal justice 
                professionals,;] other criminal justice 
                professionals;

           *       *       *       *       *       *       *

          (3) work with [family law judges,,] family law 
        judges, criminal court judges, Child Protective 
        Services agencies, and children's advocates to develop 
        appropriate responses to child custody and visitation 
        issues in domestic violence cases as well as cases 
        where domestic violence and child abuse are both 
        present, including--
                  (A) the inappropriateness of mutual 
                protection orders;

           *       *       *       *       *       *       *

                  (D) the use of training and technical 
                assistance for family law judges, criminal 
                court judges, and court personnel;

           *       *       *       *       *       *       *

                  (H) the implementation of [supervised 
                visitations that do not endanger victims and 
                their children] supervised visitations or 
                denial of visitation to protect against danger 
                to victims or their children; and

           *       *       *       *       *       *       *

  [(g) Authorization of Appropriations.--There are authorized 
to be appropriated to be used to award grants under this 
section $8,000,000 for fiscal year 1992, and such sums as may 
be necessary for each of the fiscal years 1993 through 1995.
  [(h) Regulations.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after such date of enactment, the Secretary shall publish final 
regulations implementing this section.]
  (g) Funding.--Of the amount appropriated pursuant to the 
authorization of appropriations under section 310(a) for a 
fiscal year, not less than 10 percent of such amount shall be 
made available to award grants under this section.

           *       *       *       *       *       *       *

  Sec. 313. The Secretary shall, directly or by grant or 
contract--
          (1) develop data [on the individual develop data] on 
        the number of victims of family violence and their 
        dependents who are homeless or institutionalized as a 
        result of the violence and abuse they have experienced;

           *       *       *       *       *       *       *


SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE 
                    INTERVENTION.

  (a)  * * *
  (b) Designation as Model State.--To be designated as a model 
State under subsection (a), a State shall have in effect--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) statewide prosecution policies that--
                  (A) authorize and encourage prosecutors to 
                pursue cases where a criminal case can be 
                proved, including proceeding without the active 
                involvement of the victim if necessary; [and]

           *       *       *       *       *       *       *


SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

  (a)  * * *
  (b) Duration.--[A grant]
          (1) In general.--Except as provided in paragraph (2), 
        a grant under this section may extend over a period of 
        not more than 5 years.
          (2) Extension.--The Secretary may extend the duration 
        of a grant under this section beyond the period 
        described in paragraph (1) if, prior to such 
        extension--
                  (A) the entity prepares and submits to the 
                Secretary a report that evaluates the 
                effectiveness of the use of amounts received 
                under the grant for the period described in 
                paragraph (1) and contains any other 
                information as the Secretary may prescribe; and
                  (B) the report and other appropriate criteria 
                indicate that the entity is successfully 
                operating the hotline in accordance with 
                subsection (a).

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section $2,000,000 for 
        each of [fiscal years 2001 through 2005] fiscal years 
        2003 through 2007.

           *       *       *       *       *       *       *


SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

  (a)  * * *

           *       *       *       *       *       *       *

  [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $6,000,000 for 
each of fiscal years 2001 through 2005.
  [(i) Regulations.--Not later than 60 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after the date of enactment, the Secretary shall publish final 
regulations implementing this section.]
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $6,000,000 for each 
of the fiscal years 2003 through 2007.

SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

  (a)  * * *

           *       *       *       *       *       *       *

  (d) Reports.--
          (1)  * * *
          (2) Report to congress.--The Secretary shall annually 
        prepare and submit to the Committee on the Judiciary of 
        the House of Representatives and the Committee on the 
        Judiciary of the Senate a report that contains a 
        compilation of the information contained in reports 
        submitted under paragraph (1).

           *       *       *       *       *       *       *

  (f ) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $25,000,000 for 
[fiscal year 2001] each of the fiscal years 2003 through 2007.

                       ADDITIONAL MINORITY VIEWS

Protecting children from harm
    When asked about the balance between protecting children 
and protecting ``parents' rights'' in a Subcommittee hearing on 
October 17, 2001. Assistant Secretary of HHS, Wade Horn, 
responded that a delicate balance was necessary and that within 
the context of CAPTA, ``the balance was adequate.''
    Despite Dr. Horn's expressed satisfaction on this issue, 
the Majority insisted on pursuing the matter within CAPTA 
reauthorization. Based on individual case studies, the Majority 
seems to believe that child protective systems routinely and 
aggressively personnel ignore ``parental rights'' in 
investigating potential cases of child abuse of neglect. 
However, evidence for this assertion is lacking.
    Moreover, the Minority is greatly concerned that more child 
abuse and child deaths could result with inappropriate emphasis 
on protecting the ``rights'' of parents over the rights of 
children not to be abused, neglected or murdered. The Minority 
believes that improved caseworker training and oversight is 
critically important to the safety of our country's children 
and the well-being of our country's families, and that the 
appropriate way to address the Majority's concerns is through 
more resources for training and case management of child 
protective service personnel rather than prescriptive 
declarations from the federal government about what caseworkers 
should or should not say in their investigations of child abuse 
and neglect. The Minority believes greater emphasis should be 
placed on supporting best practices to ensure the safety of 
children and promote collaboration between the child protective 
services and the families where appropriate from the beginning 
of the investigation through treatment.
    In an effort to negotiate a bipartisan bill, the Minority 
worked with the Majority to develop language that might address 
the Majority's wishes without compromising the safety of 
children. The result of the complicated and contentious 
negotiations was an agreement on a provision which requires 
states to have policies and procedures that require social 
workers, at the initial time of contact, to advise an 
individual who are the subject to a child abuse and neglect 
investigation, of the complaints or allegations made against 
them. The agreed upon goal of this provision is for caseworkers 
to inform individuals being investigated for child maltreatment 
of the types of allegation being made.
    Child protective service personnel are currently trained to 
disclose whether a parent (for example) is suspected of 
physical abuse versus sexual abuse versus neglect. The agreed 
upon provisions clarifies existing practice. However, the 
Minority firmly opposes broader or more prescriptive 
interpretation of this provision. We believe that federally 
legislating prescriptive restrictions on what these personnel 
are allowed to say or do during investigations could greatly 
compromise the rights and safety of children. It was not the 
intent of Minority, nor was it the agreed upon intent of the 
Majority, for this provision to lead to caseworkers revealing 
information that could advertently or inadvertently provide 
identifying information that may reveal the source of such 
allegation or compromise the investigation. And importantly, 
the Minority would like to emphasize that this provision does 
not require or suggest that caseworkers should or must convey 
any information that could compromise the safety of the child.
    We believe that the Majority's report on the 
reauthorization of CAPTA overemphasizes the extent to which 
parental rights are violated or inappropriately treated within 
the child protective system, misrepresents the frequency in 
which this happens and the extent empirical evidence on this 
issue, goes beyond the agreed upon intent within our 
negotiations, and thus does not represent the Minority's views. 
We know of no valid, scientifically sound studies and no data 
to suggest widespread inappropriately ``aggressive'' 
investigations by child protective services personnel. In fact, 
discussions with practitioners and recognized experts in the 
field of child welfare contradict the claim that parental 
rights are frequently violated by child protective service 
systems. In sum, we believe the views expressed in the report's 
``Protecting Individual Rights'' section go beyond the agreed 
upon intent of the relevant provisions ion CAPTA, distort what 
is known about this issue, defy model professional practice, 
and could potentially detrimentally tip the balance, referred 
to by Dr. Horn, in a manner that would lead to greater harm to 
children.
Improving child protective services for children with disabilities and 
        health problems
    There are approximately three million reports of child 
abuse every year. Of these 3 million, 1 million are 
substantiated. It is estimated that children with disabilities 
are almost four times more likely to be victims of abuse and 
neglect than children without disabilities. A 1993 study by the 
Office of Child Abuse and Neglect found that 36 percent of the 
substantiated cases of child maltreatment, or about 300,000 
children, caused disabilities in those children. Near-fatal 
child maltreatment leaves 18,000 children permanently disabled 
each year. Identification and treatment of the medical, 
development and mental health problems of children have been 
shown to decrease the amount of time a child spends in out of 
home placement and increase chances for a stable living 
situation. Unfortunately, less than half of the children who 
are abused or neglected receive any services at all.
    To address these gaps in service, the bill requires the 
state child welfare system to develop policies and procedures 
involving abused or neglected children under the age of 3 to be 
referred to the statewide early intervention system funded 
under Part C of the Individuals with Disabilities Education 
Act. Such policies and procedures will ensure that abused 
children can access the early intervention services and 
supports for which they are eligible. Such services will help 
these children learn, grow and thus enter school ready to 
learn.
    Related to this issue is the importance of health 
screenings and treatment for children who are victims of child 
abuse and neglect. Children in the child welfare system are at 
higher risk for health problems than other children for a 
variety of reasons, including risks for child maltreatment are 
also risks of child health problems and because child abuse 
often causes disabilities. Appropriate health and development 
evaluations and treatment can greatly influence healthy child 
development and can affect treatment and family preservation, 
such as preventing the need for out-of-home placements. A 1995 
GAO study concluded that systemic and direct service barriers 
prevent many children in the welfare system from receiving 
adequate health care. H.R. 3989 takes many steps to help states 
address this problem and improveservices for victims of child 
abuse and neglect by promoting linkages between child protection and 
health care (including mental health) agencies.

Improving the child protective service system (CPS) infrastructure

    H.R. 3839 recognizes that CAPTA can fill an important role 
in the federal response to protecting children and preventing 
child maltreatment. To this end, H.R. 3839 adds to the 
permitted uses of the basic state grants to enable states to 
improve their CPS systems, through CAPTA grant support, in a 
variety of activities essential to a responsive, efficient and 
appropriate protective service system. In addition to the 
purposes for basic state grants in current law which address 
CPS improvements, H.R. 3839 allows CAPTA funds to be available 
to address the following issues:
    CPS staffing: to improve upon the supervision of casework 
in CPS; to enhance the recruitment and retention of child 
protection workers; and to promote training for child 
protective service work.
    Case management: to promote on-going case monitoring and 
service delivery; to enhance the ability to assess cases; to 
improve upon the management of case information; and to help 
states develop better databases for information.
    Linkages: to promote partnerships between CPS and private, 
community-based services; and to develop connections with 
health, education and juvenile justice services to better serve 
abused and neglected children.
    Public education: to improve upon the public's 
understanding about the role and responsibilities of CPS; and 
to inform the public about appropriate reporting of suspected 
incidents of child maltreatment.
    Our nation's current system of protecting children is 
heavily weighted toward protecting children who have been so 
seriously maltreated they are no longer safe at home and must 
be placed in foster care or adoptive homes. These are children 
whose safety is in danger; they demand our immediate attention. 
Unfortunately, far less attention is directed at preventing 
harm to these children from happening in the first place, or 
providing the appropriate services and treatment needed by 
families and children victimized by abuse or neglect. Through 
the changes made by H.R. 3839, CAPTA can serve to assist in the 
improvement of the CPS infrastructure. Through the CAPTA basic 
state grant program, the federal government has the opportunity 
to step up to a leadership role in providing support for the 
CPS system infrastructure and to begin to rectify the imbalance 
in the federal government's response to the abuse and neglect 
of children.

                                   George Miller.
                                   Tim Roemer.
                                   Robert Andrews.
                                   Major Owens.
                                   Betty McCollum.
                                   Rush Holt.
                                   Hilda Solis.
                                   Ron Kind.
                                   Patsy Mink.
                                   Reuben Hinojosa.
                                   Donald Payne.
                                   Lynn Woolsey.
                                   David Wu.
                                   Dale Kildee.
                                   Carolyn McCarthy.
                                   Dennis Kucinich.
                                   John Tierney.
                                   Bobby Scott.

                                  
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