[Senate Report 108-12]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 24
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-12

======================================================================
 
             KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003

                                _______
                                

                 March 4, 2003.--Ordered to be printed

                                _______
                                

    Mr. Gregg, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                              R E P O R T

                         [To accompany S. 342]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 342) to amend the Child Abuse 
Prevention and Treatment Act to make improvements to and 
reauthorize programs under that Act, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary of the Bill..................................1
 II. Background and Need for Legislation..............................2
III. Legislative History and Committee Action.........................5
 IV. Explanation of Legislation and Committee Views..................12
  V. Cost Estimate...................................................19
 VI. Regulatory Impact Statement.....................................24
VII. Application of Law to the Legislative Branch....................25
VIII.Section-by-Section Analysis.....................................25

 IX. Changes in Existing Law.........................................35

                   I. Purpose and Summary of the Bill

    The Child Abuse Prevention and Treatment Act Amendments of 
1995 (CAPTA) reauthorize and amend the Child Abuse Prevention 
and Treatment Act, the Family Resource and Support Programs, 
the Adoption Opportunities Act, the Family Violence Prevention 
and Services programs, the Abandoned Infants Assistance Act, 
the Missing Children's Assistance Act, and the Children's 
Justice Act.
    On February 10, 2003, a bill to reauthorize the Child Abuse 
Prevention and Treatment Act, the Adoption Opportunities Act, 
the Family Violence Prevention and Services Act and the 
Abandoned Infants Assistance Act was introduced by Senators 
Gregg, Kennedy, Dodd, and Alexander. The bill, S. 342, was 
referred to the Committee on Health, Education, Labor and 
Pensions.

                II. Background and Need for Legislation

    It is the purpose of the Keeping Children and Families Safe 
Act to renew, improve, and strengthen the Child Abuse 
Prevention and Treatment Act, the Adoption Opportunities Act, 
the Abandoned Infants Assistance Act, and the Family Violence 
Prevention and Services Act for the next five years. The act is 
intended to strengthen and support families with children and 
to protect children from abuse and neglect, improve services 
for children exposed to domestic violence, improve adoption 
assistance, and strengthen assistance for abandoned infants.

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

    Despite Federal programs, State and local efforts, 
increased media attention and public awareness, child abuse and 
neglect continue to be a significant problem in the United 
States. Recent reports present startling indications of child 
maltreatment in the United States.
    Each year an estimated 1 million children fall victim to 
substantiated cases of child abuse or neglect. In its Child 
Maltreatment 2000 report on child abuse and neglect, the U.S. 
Department of Health and Human Services reported that, each 
year, 141,700 children are seriously injured as a result of 
abuse and neglect, 18,000 are severely disabled, and 1,200 
children die as a result of abuse or neglect. Children younger 
than 6 years of age accounted for 85 percent of child 
fatalities and children younger than one year of age accounted 
for 44 percent of child fatalities.
    Many more reports of alleged child abuse and neglect are 
filed each year than are substantiated, overwhelming an already 
overburdened child protective system. Approximately 3 million 
referrals concerning the welfare of about 5 million children 
were made to Child Protection Services (CPS) agencies 
throughout the Nation in 2000. Of these referrals, about two-
thirds (62 percent) were screened-in for further assessment and 
investigation. Of this amount, approximately 879,000 were found 
to be victims of child maltreatment with 63 percent suffering 
from neglect; 19 percent from physical abuse; 10 percent from 
sexual abuse; and 8 percent some form of emotional 
maltreatment.
    A certain proportion of unsubstantiated reports is an 
inherent and legitimate aspect of reporting suspected child 
maltreatment and may be necessary to ensure adequate child 
protection. However unsubstantiation rates of the current 
magnitude may go beyond anything reasonably needed. Worse, 
apparent overreporting may endanger children who are truly 
being abused.
    Forced to allocate a substantial portion of their limited 
resources to investigating reports which turn out to be 
unsubstantiated, child protective agencies are less able to 
respond promptly and effectively when children are in serious 
danger. Some reports are left uninvestigated for weeks at a 
time. In other cases, investigators miss key facts as they rush 
to clear cases. Dangerous home situations receive inadequate 
supervision as workers ignore pending cases to investigate new 
reports that arrive daily on their desks.
    Reports of suspected child abuse have so overwhelmed the 
system that surveys of State administrators indicate that the 
child protective system (CPS) is routinely placing children in 
jeopardy. Approximately one-third of State CPS agencies were 
unable to investigate reports within 24 or 48 hours, as 
required by law. In New York City, for example, in 11 percent 
of cases, no home visit had occurred within 40 days after 
reports were filed. In the same period of time, children had 
not been examined in 22 percent of the cases. Alleged 
perpetrators had not been interviewed in 17 percent of the 
cases. The potential compromise in the safety of children is 
obvious. Over half of the children who die from abuse and 
neglect come from families previously investigated by Child 
Protective Service.
    The large number of unsubstantiated reports may be due in 
part to the breadth of child abuse reporting laws. For 30 
years, program administrators and politicians have joined cause 
to encourage even more reports of suspected child abuse and 
neglect.
    Under threat of civil and criminal penalties, mandated 
reporter laws require most professionals who have contact with 
children to report suspected child abuse and neglect. About 20 
States require all citizens to report, and in every State, any 
citizen is permitted to report.
    These reporting laws, associated with public awareness 
campaigns and professional education programs, have been 
strikingly successful. In 1993, there were approximately 3 
million reports of children suspected of being abused or 
neglected. This is a twentyfold increase from 1963, when about 
150,000 children were reported to the authorities.
    Many ask whether this vast increase in reporting signals a 
rise in the incidence of child maltreatment or whether the 
maltreatment existed before and was not identified. 
Unfortunately, so many cases of maltreatment previously went 
unreported that earlier reporting statistics do not provide a 
reliable baseline against which to make comparisons.
    As a result of these laws, many thousands of children have 
been saved from serious injury and even death. The best 
estimate is that over the past 20 years, child abuse and 
neglect deaths have fallen from over 3,000 a year to about 
1,200 a year.
    But further improvement of the system requires reducing the 
number of unfounded and false reports. The problems of non 
reporting and inappropriate reporting are linked and must be 
addressed together before further progress can be made in 
combating child abuse and neglect.
    Along with the increase in reports of child abuse and 
neglect, there has been a dramatic increase in the number of 
children removed from their homes and placed in foster care. At 
the end of 1993, an estimated 443,796 children were in foster 
care; by March 2000, an estimated 588,000 children were in 
foster care. This represents an increase of 25 percent.
    While child maltreatment occurs in all socioeconomic and 
cultural groups, poverty makes child maltreatment much more 
likely to be reported. This is also reflected in the high rates 
of poverty among ethnic minorities. Minority children enter the 
child protection system in disproportionately large numbers and 
are far more likely to remain in substitute care for longer 
periods of time.
    The system is seeing a large increase in the number of 
children entering it in addition to an increasing complexity in 
the problems that these children bring. The population in 
foster care is even more disturbed, with significant numbers 
being drug exposed.
    All of these factors have caused a crisis in the child 
protection system. In its 1990 report entitled ``Critical First 
Steps in Response to a National Emergency'', the United States 
Advisory Board on Child Abuse and Neglect found the Child 
Protective System to be failing. According to the report, ``It 
is not a question of acute failure of a single element of the 
system; there is chronic and critical multiple organ failure. 
In such a context, the safety of children cannot be ensured. 
Indeed, the system itself can at times be abusive to 
children.''
    Five years later, the same Board found little had changed: 
``state and local CPS caseworkers are often overextended and 
cannot adequately function under their current caseloads.'' The 
report also stated that, ``in many jurisdictions, caseloads are 
so high that CPS response is limited to taking the complaint 
call, making a single visit to the home, and deciding whether 
or not the complaint is valid, often without any subsequent 
monitoring of the family.''
    A 1997 General Accounting Office (GAO) report found, ``the 
CPS system is in crisis, plagued by difficult problems, such as 
growing caseloads, increasingly complex social problems and 
underlying child maltreatment, and ongoing systemic weaknesses 
in day-to-day operations.'' According to GAO, CPS weaknesses 
include ``difficulty in maintaining a skilled workforce; the 
inability to consistently follow key policies and procedures 
designed to protect children; developing useful case data and 
record-keeping systems, such as automated case management; and 
establishing good working relationships with the courts.''
    Unfortunately, the foster care system has been unable to 
respond adequately to the demands generated by the large 
numbers of children being placed in care. In many States, no 
one even knows exactly how many children are in care or how 
much it costs. In some States, children do not know the name of 
their CPS caseworker, whom they rarely often see. Moreover, 
most maltreated children, even after they have been identified 
as such by public authorities and placed in foster care, do not 
receive treatment.
    Too often, children are abused in foster homes. According 
to Professor Richard Wexler, in his book Wounded Innocents, 
``Foster care is not a haven. Often it is not even safe. Most 
people assume that removing children from their parents means 
removing them from danger and placing them in safety. Often, it 
is the other way around.''
    And, in joint testimony, the National Center for Youth Law 
and the Youth Law Center told a congressional committee panel, 
``our offices have become painfully aware of many situations 
where children's health and lives are in greater jeopardy in 
foster homes than they were while they were living with their 
families.''
    Foster care is far from the only difficulty in the child 
protection system. The Advisory Board's report also states: 
``No matter which element of the system that it [the Advisory 
Board] examined--prevention, investigation, treatment, 
training, or research--it found a system in disarray, a 
societal response ill-suited in form or scope to respond to the 
profound problems facing it. It was forced to conclude that the 
child protection system is so inadequate and so poorly planned 
that the safety of the Nation's children cannot be assured.''
    Child welfare policy must continue to place a high emphasis 
on safety and to differentiate between those children who are 
in danger of serious injury and those who are not. Ensuring the 
safety of children placed in its care must be the primary goal 
of child protective services systems. Where a child can safely 
remain at home, he should be allowed to. No longer can we 
assume that a child will automatically be better off placed 
outside the home. Safety, even in foster care, must be 
considered a first priority.

             III. Legislative History and Committee Action

    The first Federal programs specifically designed to address 
concerns regarding child abuse and neglect in this country were 
authorized under the Child Abuse Prevention and Treatment Act 
(Public Law 93-247), enacted in 1974. This legislation provided 
Federal financial assistance for identifying, preventing, and 
treating child abuse and neglect. The act has since been 
extended through fiscal year 2001 and has been amended to 
expand the scope of activities. It also authorizes the Family 
Violence Prevention and Services Act, the Adoption 
Opportunities Act and the Abandoned Infants Assistance Act.
    The original Child Abuse Act authorized the creation of the 
National Center on Child Abuse and Neglect (NCCAN) to help 
establish the parameters of the problem and to provide 
incentives for developing effective methods of treatment. The 
act also authorized demonstration grants and a State grant 
program for activities relating to preventing and treating 
child abuse and neglect. To be eligible for funding under the 
State grant program, States were required to establish systems 
for reporting and investigating child abuse and neglect and for 
providing immunity from prosecution for persons so reporting.
    In 1978, the act was amended by Public Law 95-266, which 
extended the programs under the act through fiscal year 1981 
and, among other things, expanded the Center's grant making 
authority. It also required the establishment of research 
priorities and earmarked funds for the prevention and treatment 
of child sexual abuse. In response to concerns that Federal 
assistance was needed to help facilitate adoption of children, 
particularly those whose placement was constrained by being of 
school age or being disabled, the 1978 amendments also 
authorized through fiscal year 1981 a new adoption 
opportunities program to help eliminate barriers to adoption.
    In 1981, the Child Abuse Prevention and Treatment Act and 
the Adoption Opportunities Act were extended through fiscal 
year 1983 under the Omnibus Budget Reconciliation Act (Public 
Law 97-35); and in 1984, the programs were extended through 
fiscal year 1987 under amendments to the Child Abuse Act 
(Public Law 98-457). The 1984 amendments expanded the Center's 
responsibilities to include additional studies. They required, 
as an additional criterion for eligibility for the State grant 
program, that States implement systems for responding to 
reports of medical neglect in cases involving severely disabled 
newborns; and authorized a new State grant program and other 
assistance to help States develop and run systems for 
responding to reports of medical neglect, including withholding 
of medically indicated treatment from disabled infants with 
life-threatening conditions. The 1984 amendments also 
authorized a new State demonstration program in the area of 
family violence prevention and services.
    The Child Abuse Prevention Federal Challenge Grants Act was 
enacted on October 12, 1984, as title IV of Public Law 98-473, 
the continuing appropriations bill for fiscal year 1985. In 
enacting this legislation, the Congress found that since 1980 
certain States had begun to recognize the critical need for 
child abuse prevention efforts and had established Children's 
Trust Funds. These State funds were generated by surcharges on 
marriage licenses, birth certificates, and divorce actions or 
by special indication on State income tax returns. This allowed 
States to pay for child abuse and neglect prevention activities 
in the face of depressed State economies and budget cutbacks. 
Money for child abuse prevention projects had historically been 
lacking because of the need to direct limited resources toward 
treating the increasing numbers of children already abused. 
Only one or two States had direct appropriations to support the 
broad range of child abuse and neglect prevention activities.
    At the time, no Federal funds were directed specifically at 
assisting State efforts to prevent child abuse and neglect. 
When the legislation was enacted, 20 States had set up special 
funds for child abuse prevention. The kinds of programs 
supported by these special funding mechanisms ranged from 
classes on parenting and coping with family stress to statewide 
public education campaigns and special sexual abuse prevention 
training for children. The Challenge Grant program was 
developed to encourage all States to establish and maintain 
significant funds to support child abuse prevention projects. 
The number of States receiving funding under the Challenge 
Grant program increased from 33 States in fiscal year 1986, the 
first year of appropriations for the program, to 47 States 
which were awarded a total of $4,933,501 in fiscal year 1990.
    In 1986, the Child Abuse Act was amended by provisions of 
the Children's Justice and Assistance Act (Public Law 99-401), 
establishing a new State grant program for improving the 
administrative and judicial handling of child abuse cases, 
especially those involving child sexual abuse. Funding for this 
program is derived from fines collected from persons convicted 
of certain Federal offenses.
    In 1988, the Child Abuse Prevention and Treatment Act was 
reauthorized (Public Law 100-294), extending its programs 
through fiscal year 1991. The 1988 amendments also established 
a new interagency task force and a newly constituted Advisory 
Board on Child Abuse and Neglect.
    The Child Abuse Prevention Challenge Grants Reauthorization 
Act of 1989 (Public Law 101-126) reauthorized the Challenge 
Grant program through fiscal year 1991 and transferred it to 
the Child Abuse Prevention and Treatment Act as title II. The 
program is administered by NCCAN under the Department of Health 
and Human Services (HHS). HHS announces the availability of 
Federal funds and determines State eligibility for Federal 
challenge grants. Subject to appropriations, States are awarded 
the lesser of (1) 25 percent of State funds made available for 
prevention in the previous year or (2) 50 cents for every child 
living in the State.
    In 1996, the Child Abuse Prevention and Treatment Act was 
reauthorized (Public Law 104-235), extending its authorization 
through fiscal year 2001. The act made significant changes to 
better target 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.

  Subtitle B--Community-Based Grants for the Prevention of Child Abuse


History of Community-Based Family Resource and Support Grants

    The Community-Based Family Resource and Support Grants 
(Title II of CAPTA) represent a consolidation and revamping of 
a number of programs Congress authorized over the past two 
decades. These include the Child Abuse Prevention Challenge 
Grants, the Emergency Child Abuse Prevention Services Grants, 
the Family Resource and Support Programs, the Temporary Child 
Care for Children with Disabilities and Crisis Nurseries 
Grants, and the Family Support Program of the McKinney Homeless 
Act.

Community-Based Child Abuse and Neglect Prevention Grants

    The Child Abuse Prevention Challenge Grants Reauthorization 
Act of 1989 (Public Law 101-126) reauthorized the Challenge 
Grants Program through fiscal year 1991 and transferred it to 
title II of the Child Abuse Prevention and Treatment Act. This 
program was administered by NCCAN. The Child Abuse, Domestic 
Violence, Adoption, and Family Services Act of 1992 (Public Law 
102-295) modified this program and changed the name to ``the 
Community-Based Child Abuse and Neglect Prevention Grants.'' 
The purpose of this program was to assist States in supporting 
child abuse and neglect prevention activities. States were 
eligible for grants if they had established trust funds for the 
administration of child abuse prevention activities. Funds were 
distributed to all such States based on child population and 
the amounts of non-Federal funds collected by States for their 
trust funds. Between fiscal year 1991 and fiscal year 1994, 
funding levels for this program ranged from $5.4 million to 
$5.3 million.

Emergency Child Abuse Prevention Services Grants

    The Emergency Child Abuse Prevention Services Grants 
program was intended to provide services to children whose 
parents were substance abusers. Grants were made directly to 
local public and nonprofit organizations to provide these 
services. Between fiscal year 1991 and fiscal year 1994, 
funding for this program ranged from $19.5 million to $19.0 
million.

Family Resource and Support Centers Program

    In 1990, the Family Resource and Support Centers Program 
was established (by Public Law 101-501) to fund States, on a 
competitive basis, to establish statewide networks of family 
support programs, in collaboration with existing health, mental 
health, education, employment and training, child welfare, and 
other social services agencies within the State. In order to 
provide adequate funding for this broad charge, the grants were 
required to be at least $1.5 million per year. With funding at 
around $5 million in fiscal years 1992-94, HHS awarded three 
grants of $1.5 million each to Maryland, Virginia, and 
Connecticut. Each State took a unique approach to the operation 
of this program. One administered it through a Health 
Department, another through an Education Department, and the 
third through a private nonprofit entity.
    Programs established under this authority were designed to 
operate consistent with the family support philosophy: the 
basic relationship between programs and the family is one of 
equality and respect; participants are a vital resource; 
programs are community-based and culturally and socially 
relevant to the families they serve; parent education, 
information about human development, and skill building for 
parents are essential elements of every program; and programs 
are voluntary. The collaborative efforts of these programs 
resulted in critical innovations at the State level. These 
efforts also strengthened existing comprehensive programs in 
communities and tested innovative approaches at the local 
level. Services provided included parent education, early 
childhood development, outreach, community and social services 
referrals, housing assistance, job training, and parenting 
support, all of which help prevent child abuse.

1994 Consolidation

    Because the response to the Family Resource and Support 
program was so positive, Congress broadened the program and 
expanded it to all States in the Human Services Amendments of 
1994 (Public Law 103-352). The Human Service Amendments of 1994 
consolidated three programs into the new Community-Based Family 
Resource Programs, which was placed in Title II of CAPTA. Two 
of the consolidated programs had been part of CAPTA: the 
Emergency Child Abuse Prevention Services Grants (Section 107A 
of CAPTA), and the Community-Based Child Abuse and Neglect 
Prevention Grants (Title II of CAPTA). In addition, the 1994 
amendments consolidated the Family Resource and Support 
Program, which was part of the Claude Pepper Young Americans 
Act of 1990 (enacted as Title IX of the Augustus F. Hawkins 
Human Services Reauthorization Act of 1990).
    These amendments sought to establish and promote statewide 
networks of family support programs, using innovative 
approaches to blending funds and leveraging additional 
resources that were central to the Community-Based Child Abuse 
Prevention Grants. These programs were designed to operate with 
the same family support philosophy that was embedded in the 
Family Resource and Support program.
    This program was intended to further enhance the States' 
abilities to develop comprehensive networks of family support 
programs. The funding was meant to supplement, rather than 
supplant, other State funding. The program encouraged States to 
leverage a broad array of public and private funding for the 
development of the networks.
    Congress intended that each State would choose an 
organization to act as the lead entity. The lead entity differs 
from State to State, but in each State it is the most 
appropriate organization to carry out the mission of the 
program. The lead entity is required to demonstrate the ability 
to work with other State and community-based agencies to 
provide training and technical assistance; a commitment to 
parental participation in the design and implementation of 
family resource programs; the capacity to promote a statewide 
network of family resource programs; and the capacity to 
exercise leadership in implementing effective strategies for 
capacity building, and access to funding for family resource 
services across agencies.
    The Community-Based Family Resource Program was authorized 
at $50 million for fiscal year 1995. The program was included 
as title II of the Child Abuse Prevention and Treatment Act and 
was authorized for only one year in order to put it on the same 
reauthorization cycle as the rest of CAPTA.
    The 1996 amendments to CAPTA rewrote Title II of the act 
and renamed it the Community-Based Family Resource and Support 
Grants (Public Law 104-235). The act further consolidated a 
number of small programs into the new program. The following 
programs were repealed as part of the consolidation: Community-
Based Family Resource Programs, the Temporary Child Care for 
Children with Disabilities and Crisis Nurseries Grants, and the 
Family Support Program (under the McKinney Homeless Assistance 
Act).

                  TITLE II--ADOPTION OPPORTUNITIES ACT

    The Adoption Opportunities Act was originally enacted in 
fiscal year 1978. The most significant reauthorization of this 
act occurred in 1992. These amendments included requiring the 
Secretary of Health and Human Services to conduct extensive 
recruitment efforts for potential adoptive parents and to 
promote professional leadership training of minorities in the 
adoption field. A total of $30 million was authorized for the 
act in fiscal year 1992, which included $10 million for general 
grant activities, $10 million for minority children placement 
grants, and $10 million for grants increasing the placement 
rate of foster children legally available for adoption.
    The act awards grants on a competitive basis to States and 
to public or private nonprofit child welfare or adoption 
agencies, among others, for several activities, including a 
national exchange to link prospective parents with children who 
are free for adoption. It also provides training and technical 
assistance to States to help public and private agencies 
improve adoption practices. In addition, funds support an 
adoption information clearinghouse containing information on 
adoption in the United States.
    In 1996, the Adoption Opportunities Act was reauthorized 
along side of CAPTA by (Public Law 104-235). The act required 
each State to improve State efforts to increase the placement 
of foster children legally free for adoption among other more 
minor modifications.

              TITLE III--ABANDONED INFANTS ASSISTANCE ACT

    The Abandoned Infants Assistance Act was enacted in fiscal 
year 1988 (P.L. 100-505) in response to problems with substance 
abusing parents and the increase in the number of boarder 
babies abandoned in hospitals. The program funds discretionary 
grants to public and private nonprofit organizations for a 
number of activities relating to the needs of these children, 
in particular those with Acquired Immune Deficiency Syndrome 
(AIDS). These activities include programs aimed at preventing 
the abandonment of children and the recruitment and training of 
health and social service personnel. This program is 
administered by the Administration on Children, Youth and 
Families of the Department of Health and Human Services.
    Despite the lack of conclusive evidence, there is 
widespread consensus among experts in the field that crack 
cocaine is the driving force behind the increasing numbers of 
children entering foster care and the fairly new phenomenon of 
boarder babies. The Abandoned Infants Assistance Act targets 
its funds to boarder babies, rather than drug-affected children 
in general. Drug-affected children and their mothers can 
receive services under several Federal programs including the 
Social Services Block Grant, Child Welfare Services, the Child 
Abuse Act, Medicaid, and the Maternal and Child Health Block 
Grant (title V of the Social Security Act). As drug-affected 
children (including boarder babies) and their families require 
more attention, providing prevention services and coordinating 
services among programs are issues that may need to be 
addressed.
    The Abandoned Infants Assistance Act Amendments of 1991 
(P.L. 102-236) extended the Abandoned Infants Act through 
fiscal year 1995 and set the authorization level at $25 million 
for fiscal year 1992. The act authorized new residential 
service centers to provide support to infants, and young 
children and their natural, foster, and adoptive families.
    In 1996, the Abandoned Infants Assistance Act was 
reauthorized alongside of CAPTA by (Public Law 104-235). The 
act directed the Secretary to give priority in making grants to 
applicants in States that have developed and implemented 
proceedings for expedited termination of parental rights and 
placement for adoption of infants determined to be abandoned 
under State law.

         TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

    The Family Violence program provides grants to States to 
assist in supporting programs and projects to prevent incidents 
of family violence and provide immediate shelter and related 
assistance for victims of family violence and their dependents.
    According to the U.S. Department of Justice, between 1 and 
4 million women experience serious assault by an intimate 
partner each year. The effects of that violence are felt on 
every level of society. Some 56 percent of cities surveyed by 
the U.S. Conference of Mayors in 2000 identified domestic 
violence as a primary cause of homelessness. Homicide is the 
leading cause of death for women in the workplace (Bureau of 
Labor Statistics, 1996). Domestic Violence costs our health 
care system between $5 and $10 billion (Texas Council on Family 
Violence, 2002) and our employers between $3 and $5 billion in 
lost productivity each year (Bureau of National Affairs, 1994). 
The American Psychological Association has found that exposure 
to domestic violence is the single strongest risk factor for 
transmitting violence from one generation to the next (1996).
    Victims of family violence need several sources of support 
to reestablish safety for themselves and their children. 
Shelter is critical. Shelters for abused women were first 
established in 1975. While the number of shelters and services 
for domestic violence victims in the United States has 
increased significantly, it has been estimated that three out 
of four women who seek the safety of a family violence shelter 
are denied access due to insufficient space. Shelters and 
transitional housing also play a crucial role in linking 
victims to appropriate services such as transportation, 
counseling, advocacy and other casework assistance. Without 
access to such supports, women continue to face the dilemma of 
living amidst violence or forgoing their economic livelihood.
    One of the most significant negative impacts of domestic 
violence is its impact on children. Studies have shown that 
child abuse occurs in 30-60 percent of domestic violence cases 
in families where there are children (Edleson, 1999). Too often 
service providers who encounter children in domestic violence 
situations are unable to provide appropriate services to those 
children. The need for positive intervention to help children 
is clear.
    Research shows not only that children may also be abused by 
the abusive spouse, but that children who are exposed to 
domestic violence suffer emotional problems including post-
traumatic stress disorder, alcohol and substance abuse and 
suicidality. Research has also clearly concluded that children 
from violent homes struggle more in school. They have higher 
incidences of impaired concentration, poor school attendance, 
being labeled an underachiever, and difficulties in cognitive 
and academic functioning. And, according to the Office of 
Juvenile Justice and Delinquency Prevention at the U.S. 
Department of Justice, as many as 40 percent of violent 
juvenile offenders come from homes where there is domestic 
violence. Witnessing domestic violence has also been found to 
be the best predictor for becoming a perpetrator of domestic 
violence as an adult. (Osofsky and Fenichel, 2000).
    The Family Violence Prevention and Services Act (P.L. 98-
457) was enacted in fiscal year 1984 to assist States (and 
Indian tribes) to prevent family violence, to provide immediate 
shelter for victims of family violence and their dependents, 
and to provide technical assistance and training relating to 
family violence programs. The programs under the act are 
administered by the Administration for Children, Youth, and 
Families of the Department of Health and Human Services. The 
act authorized three grant programs: (1) demonstration grants 
to States (and Indian tribes) for prevention programs, shelters 
and related assistance; (2) law enforcement training and 
technical assistance grants for regionally based programs; and 
(3) information and training grants to foster cooperation 
between law enforcement agencies, domestic violence shelters, 
social service agencies and hospitals.
    The Family Violence Act also authorizes a national 
information and research clearinghouse on the prevention of 
family violence (including the abuse of elderly persons) and a 
family member abuse information and documentation project to 
provide for objective documentation of data on the victims of 
family violence.
    Domestic violence programs had, in fact, preceded Federal 
legislation. Shelters for abused women were first established 
in 1975. The number of shelters in the United States has 
subsequently increased from just 4 to over 1,200. Between 60 
percent and 70 percent of women who utilize shelters do not 
return to their abusive partners after their stay (Strube, 
1988). The availability of shelters has also been associated 
with a decline in the rate of female-perpetrated homicide 
against a partner (Browne & Williams, 1989).
    Nonetheless, three out of four women who seek the safety of 
a family violence shelter are denied access due to insufficient 
space. Women continue to face the dilemma of living amidst 
violence or fleeing. Forty percent of the homeless women in New 
York are thought to be victims of family violence. Research has 
shown that lack of economic support and ``having no place to 
go'' are predictive of return to an abusive spouse after a stay 
at a shelter.
    Victims of family violence need several sources of support 
to reestablish safe lives. Financial assistance is usually 
critical. Many victims, however, are intimidated by the process 
of obtaining assistance or are uncertain about how to obtain 
such services. Shelters play a crucial role in linking victims 
to the appropriate services for transportation and technical 
assistance, which help to ease the transition between shelter 
residence and permanent housing and employment.

Current committee action

    S. 342, the Keeping Children and families Safe Act was 
introduced on February 10, 2003 by Senators Gregg, Kennedy, 
Dodd and Alexander and was referred to the Committee on Health, 
Education, Labor and Pensions. The committee met in Executive 
Session on February 12, 2003 to consider S. 342. No amendments 
were offered. The bill was adopted unanimously by roll call 
vote and reported favorably to the full Senate.

           IV. Explanation of Legislation and Committee Views


General goals

    The committee has three general goals for this legislation: 
(1) to encourage new training and better qualifications for CPS 
workers; (2) to encourage links between agencies to better 
improve services for children; and (3) to strengthen 
initiatives to prevent child abuse and neglect.

National Clearinghouse for information relating to child abuse

    Section 111 modifies section 103(b) to ensure that the 
Clearinghouse maintains information on all effective programs, 
including private and community-based programs that show 
promise of success with respect to the prevention, assessment, 
identification, and treatment of child abuse and neglect and 
hold the potential for broad scale implementation and 
replication. The Clearinghouse also would be required to 
maintain information about the best practices used for 
achieving improvements in child protection systems; and, 
provide technical assistance related to improving handling of 
child physical and sexual abuse cases and provide information 
about training resources for State and local individuals across 
a variety of disciplines who work, or may work with, child 
abuse and neglect cases.

Best practices for referrals

    Section 103(c)(1) is amended to require HHS to 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.
    The committee believes that children who have been referred 
to the child welfare system on suspicion of abuse or neglect 
may be at greater risk for health problems. Collaborative 
approaches, linkages and effective interagency cooperation may 
help ensure that children receive the help that they need.

Research

    Section 112 amends section 104(a) to include longitudinal 
studies as part of the interdisciplinary research HHS must 
conduct on child abuse and neglect and requires that HHS must 
primarily focus this research on certain topics, including 
development and identification of successful early intervention 
services or other services that are needed; the evaluation and 
dissemination of best practices consistent with the goals of 
achieving improvements in the child protection services systems 
to promote effective approaches to interagency collaboration 
between the child protection system and the juvenile justice 
system that improve the delivery of services and treatment; an 
evaluation of the redundancies and gaps in services to make 
better use of resources; and the nature, scope, and practice of 
voluntary relinquishment for foster care or State guardianship 
of low income children who need health services, including 
mental health services.
    In addition, this section requires the Secretary to 
undertake a National Incidence Study (NIS) and requires the 
study to include the incidence and prevalence of child 
maltreatment by a wide array of demographic characteristics. 
The Secretary is required to submit the National Incidence 
Study to Congress no later than 4 years after the date of 
enactment.
    The committee encourages the Secretary to use a wide array 
of demographic characteristics in conducting the new NIS. It is 
the committee's intent in requesting such a wide array of 
characteristics to better understand the demographics of child 
abuse and neglect, to better target services to those who need 
them and to better target prevention initiatives to at-risk 
families.
    The committee also recommends that the Secretary carry out 
a program of research that is designed to provide information 
regarding the availability and accessibility of programs and 
services for the prevention, assessment, identification, 
investigation, and treatment of child abuse and neglect in 
rural areas. Research should focus on factors which may include 
the availability and accessibility of health care professionals 
trained in the identification and treatment of child abuse and 
neglect, court appointed special advocates, guardian ad litem, 
multi-disciplinary child advocacy centers and other programs 
and services that the Secretary deems necessary. Rural, for the 
purposes of this demonstration, is defined consistent with the 
Rural Domestic Violence Grant Program, as a State that has a 
population density of 52 or fewer people per square mile or a 
State in which the largest county has fewer than 150,000 
people.

Technical assistance

    This section also amends section 104(b) to include private 
agencies and community-based organizations as organizations who 
should receive technical assistance in planning and carrying 
out programs related to preventing, identifying, and treating 
child maltreatment as well as for effective approaches being 
utilized to link child protection 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.

Demonstration programs and projects

    The committee has moved ``Demonstration Programs'' from 
section 105 of current law to section 104 of CAPTA. The revised 
Section 105 allows States, public organizations, and private 
organizations to apply for funding specific programs to improve 
CPS systems and protect children.
    As revised, such projects include:
          Promotion of Safe, Family-Friendly Physical 
        Environments for Visitation and Exchange;
          Education Identification, Prevention, and Treatment 
        for projects that provide educational identification, 
        prevention, and treatment services in cooperation with 
        preschool and elementary and secondary schools;
          Risk and Safety Assessment Tools for projects that 
        provide for the development of risk and safety 
        assessment tools relating to child abuse and neglect;
          Training for projects that involve innovative 
        training for mandated child abuse and neglect 
        reporters; and
          Comprehensive adolescent victim/victimizer prevention 
        programs.
    The Committee has emphasized projects that hold the promise 
of improving both the CPS system and the safety of children. A 
new demonstration project has been added to promote the 
development and implementation of better risk and safety 
assessment tools.
    The Committee urges the Secretary to fund time-limited 
demonstration programs which evaluate various approaches to 
risk assessment and reliable tools for CPS caseworkers to use 
in determining the need, if any for follow-up.
    Another new demonstration project has been added to allow 
the Secretary to award grants to organizations that demonstrate 
innovation in preventing child sexual abuse through school-
based programs in partnership with parents and community-based 
organizations to establish a network of trainers who will work 
with schools to implement the program. The program shall be 
comprehensive, meet State guidelines for health education, and 
should reduce child sexual abuse by focusing on prevention for 
both adolescent victims and victimizers.

Training

    The Committee is very concerned with the multitude of 
problems revealed in the APHSA-CWLA report about the condition 
of the CPS workforce. In fiscal year 2000, turnover rates among 
CPS and other direct service workers were high--22 percent and 
18 percent respectively. As states face turnover problems, the 
issue of training must be addressed. The level of training 
varies by State and availability of funding. CPS workers face 
many situations that place their own safety at risk. They must 
be prepared to face a variety of complex situations and 
emotions as they confront families with allegations of abuse. 
In addition, professionals from many other agencies are in 
positions to identify potential child abuse and neglect cases, 
including medical personnel, teachers, and law enforcement 
personnel. The committee is concerned that because of staffing 
shortages, training often takes a back seat, and as a result 
urges the Secretary to fund projects that improve the training 
opportunities for CPS workers as well as workers in related 
fields.
    Section 105(a) has been amended to provide grants for 
programs designed to improve training to CPS and other child 
and family service workers, (including supervisors). Suggested 
projects include training workers on how to best work with 
families from initial investigation through treatment; cross-
training to better recognize neglect, domestic violence or 
substance abuse in a family; training to strengthen linkages 
between CPS and health agencies including physical and mental 
health services and to promote partnerships that offer creative 
approaches to meet the needs of abused children.
    The committee is also very concerned by the lack of uniform 
training opportunities being made available to court appointed 
special advocates (CASA's) and guardian ad litem and has 
included provisions to ensure that they have training 
appropriate to the role.
    Finally, the committee calls for a GAO study on CPS 
training to better understand the nature and scope of CPS 
training challenges and requests recommendations to improve 
such training.

Service collaboration

    Throughout several sections of the bill, the committee has 
sought to encourage States to create or improve links between 
child protection services and education, health, mental health, 
and the judicial system. These linkages are vital to ensuring 
that children who are abused or neglected are properly 
identified and receive referrals to appropriate services where 
necessary and are able to move between these various systems 
smoothly and effectively. In addition, the bill would promote 
partnerships between public agencies and community-based 
organizations to provide child abuse and neglect prevention and 
treatment programs and would require States, as a condition of 
receiving State grant money, to have policies and procedures to 
have triage for the referral of a child not at imminent risk of 
harm to a community or voluntary child maltreatment prevention 
service.

Individual rights

    The committee has also included a requirement for training 
of CPS workers on their legal responsibilities in order to 
protect the constitutional and statutory rights of children and 
families.
    While the committee is strongly committed to the main 
mission of the child protective services system--to ensure that 
child safety and the best interests of the child are protected, 
the committee believes it is important for child protective 
services personnel to understand and respect fourth amendment 
limitations on their right to enter a home when investigating 
an allegation without a court order.
    The committee firmly believes that individuals being 
investigated for alleged child maltreatment should be informed 
of the specific allegations made against them. S. 342 addresses 
this issue by requiring States to have policies and procedures 
in place to require child protection 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. The committee recognizes that it 
is a basic right for all citizens to be informed of what crime 
they are being accused of at the time they are being asked for 
an interview or entry into their home.

Mutual support programs

    This section continues to call for funding of mutual 
support programs but removes a specific example of such an 
organization from the Federal statute. Many community-based 
organizations such as Parents Anonymous and Prevent Child Abuse 
America have historically provided many valuable mutual support 
services for families at the local level. The Secretary is 
encouraged to consider such organizations and others that 
operate programs that incorporate quality standards and 
demonstrate effectiveness in their efforts to prevent child 
abuse and neglect.

Citizen review panels

    The committee has modified the section on Citizen Review 
Panels to 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 assess 
whether State and local CPS agencies are effectively 
accomplishing their duties.

Protecting infants prenatally exposed to drugs

    S. 342 includes a requirement for States to have in place 
policies and procedures (including appropriate referrals to CPS 
systems and for other appropriate services) to address the 
needs of infants born and identified with illegal substance 
abuse or withdrawal symptoms resulting from prenatal drug 
exposure. Currently, 12 States and the District of Columbia 
have some form of specific reporting procedures for infants who 
are born addicted to drugs or alcohol. The committee believes 
that any child who is experiencing symptoms or showing signs of 
addiction to or withdrawal from drugs should, at a minimum, 
receive prompt and appropriate medical care and a referral to 
child protective services for further investigation and 
intervention, where warranted. While the committee felt 
constrained, because of limited ability to detect and diagnose 
it at birth, not to include prenatal exposure to alcohol in 
this requirement, the committee remains concerned about the 
affects of alcohol on infants and possible later diagnosis of 
fetal alcohol syndrome.
    The committee wants to be clear that it is not intending to 
preempt State law regarding what constitutes child abuse or 
requirements for prosecution, nor does the committee intend to 
signal that States should no longer investigate cases involving 
prenatal exposure to alcohol.

Community-Based Family Resource Support Grants

    The committee has revised the current Community-Based 
Family Resource and Support Grants program to ensure that grant 
funds are allocated to a wide array of community-based 
organizations for the prevention of child abuse and neglect.
    Although the committee has deleted references to the word 
``network'' in many places, it is not the intent of the 
committee to alter State practices of funding networks or to 
de-emphasize the important role that networks can play in 
conducting prevention programs. Although the committee has 
deleted the words ``family resource and support programs'' from 
this section, to replace that term with ``community-based 
programs and activities'', the committee does not intend to de-
emphasize the role that resource and support programs play or 
to alter State practices in any way. It should be clear from 
the definition of community-based programs and activities 
designed to prevent child abuse and neglect that Family 
Resource Centers and Family Support Centers are included under 
the definition of the new term as are other community-based 
organizations who may not have previously participated in this 
program.

                  TITLE II--ADOPTION OPPORTUNITIES ACT

    The Adoption Opportunities Act seeks to find permanent 
families for children, who are free for adoption, especially 
children with special needs.

Eliminating barriers to interjurisdictional adoptions

    The Adoption Opportunities Act is intended to eliminate 
barriers to adoption and to provide permanent homes for 
children who would benefit from adoption, particularly special 
needs children. The committee has revised this section to call 
attention to the need to eliminate continued geographic 
barriers to adoption, as well as the need to improve efforts to 
increase the number of older children who are adopted (who are 
in foster care and who currently are least likely to be 
adopted).
    S. 342 gives the Secretary of Health and Human Services the 
authority to make grants to: (1) develop a uniform home study 
and protocol for acceptance of home studies between States and 
jurisdictions; (2) develop models of financing cross-
jurisdictional placements; (3) expand the capacity of all 
adoption exchanges to serve increasing numbers of children; (4) 
develop training materials and training social workers on 
preparing and moving across State lines; and (5) develop and 
supporting initiatives for networking among agencies, adoption 
exchanges, and parent support groups across jurisdictional 
boundaries.
    Additionally, the committee is requiring HHS to study the 
nature, scope and effect of interstate placement of children in 
adoptive homes by public and private agencies and how 
interstate placements are being financed across State lines and 
to, in consultation with the General Accounting Office, submit 
to the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Education and Workforce of the 
House of Representatives a report that contains recommendations 
for an action plan to facilitate the interjurisdictional 
adoption of foster children no later than 1 year after the date 
of enactment of this act.

              TITLE III--ABANDONED INFANTS ASSISTANCE ACT

    Under current law, grantees must ensure priority for their 
services is given to abandoned infants and young children who 
are HIV-infected, perinatally exposed to HIV, or perinatally 
drug-exposed. The committee revised the act to maintain 
priority service for these children, but broaden the priority 
category to include abandoned infants and young children who 
have life-threatening illnesses or other special medical needs.

         TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

    The Family Violence program provides grants to assist in 
supporting programs and projects to prevent incidents of family 
violence and to provide immediate shelter and assistance to 
victims of family violence and their children.

National Domestic Violence Hotline and electronic network

    As amended by section 211, this section establishes a 
highly secure electronic network to link domestic violence 
shelters and service providers and the National Domestic 
Violence Hotline on a confidential website. The website would 
provide a continuously updated list of shelter availability 
anywhere in the United States at any time and would provide 
comprehensive information describing the services each shelter 
provides such as medical, social and bilingual services. It 
would also provide internet access to shelters that do not have 
appropriate technology. While the committee has authorized $5 
million in fiscal year 2003 and such sums for fiscal years 2004 
through 2007 it has also provided that funds for the network 
enhancement will not be made available by the Secretary until 
total appropriated funds reach an annual level of $3 million.
    The committee believes it is important to establish a 
website that would allow National Domestic Violence Hotline 
operators, who have received over 700,000 calls since the 
Hotline's inception in 1996, shelter based advocates and 
relevant State and local domestic violence service providers 
around the country to more quickly and easily find the most 
appropriate shelter for families seeking safety from abuse. By 
establishing a highly secure and confidential web site to keep 
a continuously updated, nationwide list of available shelter 
and services for victims of domestic violence and their 
families, the grantee would help ensure that whenever a woman 
calls the Hotline or a shelter seeking help, the operator could 
immediately place the caller in the most appropriate shelter to 
meet her family's needs for safety, location, language and 
other services without the caller ever having to hang up the 
phone.
    The committee is aware of the existence of a web-link 
program based in the State of Minnesota. Minnesota's Day One 
Program has run a highly successful, confidential website that 
links every shelter in the State. Day One reports that 90 
percent of women and children who call are assured appropriate 
services and shelter in a single call. This is critical since 
needing to make and receive multiple follow-up calls to find 
the most appropriate shelter has been a major barrier for women 
trying to escape an unsafe situation. In addition, based on the 
Day One experience, the committee believes that the new 
technology will save staff time by reducing the number of calls 
staff has to make to find the best placement for clients.

Children Exposed to Domestic Violence Program

    This committee bill authorizes the Secretary to make grants 
aimed at addressing the needs of Children Exposed to Domestic 
Violence. The Bureau of Justice Statistics reported in 2000 
that of all houses where there is violence between adults, 43 
percent have children younger than 12. There is overwhelming 
evidence that witnessing domestic violence in the home leads to 
significant health, emotional and educational problems for 
youth. In addition, there is strong evidence to show that 
children exposed to domestic violence are more likely to commit 
crimes as juveniles and as adults. Research further indicates 
that many women who have been abused return to abusive 
relationships as adults and often people who have suffered 
abuse end up being abusers themselves, thus perpetuating the 
cycle of family violence between generations.
    The committee believes that service providers need to be 
better able to address the unique needs of these children so as 
to prevent the significant problems associated with exposure to 
domestic violence. The committee therefore supports funding 
programs for domestic violence shelters and service providers 
to provide counseling and other supports such as advocacy, 
respite care, educational and other services to address the 
unique needs of children.

                            V. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 24, 2003.
Hon. Judd Gregg,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 342, the Keeping 
Children and Families Safe Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 342--Keeping Children and Families Safe Act of 2003

    Summary: Programs under the Child Abuse Prevention and 
Treatment Act, the Child Abuse Prevention and 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 2002 Department of 
Health and Human Services Appropriations Act and in 2003 by the 
Consolidated Appropriations Resolution, 2003 (Public Law 108-
10). S. 342 would reauthorize these programs through 2008. It 
also would extend authorizations through 2008 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 appropriations of $315 million in 
2004. CBO estimates that authorizations under S. 342 would 
total about $2.2 billion over the 2004-2008 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 $2.1 billion over the 2004-2008 period.) CBO estimates 
that appropriations of the authorized levels would result in 
additional outlays of $1.4 billion over the 2004-2008 period, 
if inflation adjustments are included. Enacting S. 342 would 
not affect direct spending or receipts.
    S. 342 contains no intergovernmental or private-sector 
mandates as defined in UMRA. A significant portion of the funds 
authorized by S. 342 would be available for grants to state, 
local, and tribal governments. Any costs those governments 
incur to fulfill requirements of the grants would be conditions 
of assistance and thus voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 342 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 S. 342, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003
----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2003      2004      2005      2006      2007      2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                         With Adjustments for Inflation

Spending under current law:
    Budget authority/authorization level \1\........       263       183       183         0         0         0
    Estimated outlays...............................       241       241       198       164        55        17
Proposed changes:
    Estimated authorization level...................         0       315       321       510       516       523
    Estimated outlays...............................         0        36       168       275       445       497
Spending under S. 342:
    Estimated Authorization level...................       263       498       504       510       516       523
    Estimated outlays...............................       241       276       365       439       501       514

                                        Without Adjustments for Inflation
Spending under current law:
    Budget authority/authorization level \1\........       263       183       183         0         0         0
    Estimated outlays...............................       241       241       198       164        55        17
Proposed changes:
    Estimated authorization level...................         0       315       315       498       498       498
    Estimated outlays...............................         0        36       167       272       438       483
Spending under S. 342:
    Estimated authorization level...................       263       498       498       498       498       498
    Estimated outlays...............................       241       276       365       436       493       501
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 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 2004 and 2005 are current authorization levels for certain programs under the Family Violence
  Prevention and Services Act.

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

Basis of estimate

    S. 342 would authorize funding through 2008 for various 
programs created under the Child Abuse Prevention and Treatment 
Act, the Child Abuse Prevention and 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 2004 and for such sums as may be necessary 
for 2005 through 2008. 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 2008.
    S. 342 would authorize the appropriation of $315 million in 
2004. CBO estimates that this bill would authorize total 
funding of $2.2 billion over the 2004-2008 period assuming that 
``such sums'' amounts provided after 2004 are adjusted for 
inflation. If the authorized amounts are appropriated, outlays 
would increase by $36 million in the first year and by $1.4 
billion over the five-year period.
    Table 2 presents CBO's estimates with inflation adjustments 
for the various components of each title under S. 342. The 
estimated outlays reflect historical rates of spending for the 
affected programs.
            Title I--Child Abuse Prevention and Treatment Act
    Title I of S. 342 would reauthorize and revise programs 
currently authorized under the Child Abuse Prevention and 
Treatment Act. S. 342 would authorize a total of $200 million 
for 2004 for programs under title I. CBO estimates the total 
funding for title I for the 2004-2008 period would be about $1 
billion, assuming adjustments for inflation, with resulting 
outlays of $619 million over those five years.
    Child Abuse Prevention Programs. S. 342 would authorize 
$120 million in 2004 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 2005 through 2008. 
The state grant program provides formula grants to states to 
improve child protection services. The discretionary activities 
program awards funds to agencies for innovative programs and 
projects. The two programs are funded at $56 million in 2003.

 TABLE 2.--DETAILED EFFECTS OF S. 342, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003, WITH ADJUSTMENTS FOR
                                                    INFLATION
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
 
Spending under current law:
    Budget authority/authorization level \1\..............      263      183      183        0        0        0
    Estimated outlays.....................................      241      241      198      164       55       17
Proposed changes:
 
       Title I--Child Abuse Prevention and Treatment
 
    Child Abuse Prevention State Grants and Discretionary
     Activities:
        Estimated authorization level.....................        0      120      122      125      128      130
        Estimated outlays.................................        0        6       59       97      114      121
    Community-Based Grants:
        Estimated authorization level.....................        0       80       82       83       85       87
        Estimated outlays.................................        0        6       19       44       73       81
    Subtotal, Title I:
         Estimated authorization level.....................        0      200      204      208      213      217
        Estimated outlays.................................        0       12       77      142      186      202

             Title II--Adoption Opportunities

    Adoption opportunities:
        Estimated authorization level.....................        0       40       41       42       43       43
        Estimated outlays.................................        0        2       28       37       39       41

          Title III--Abandoned Infants Assistance

    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 III:
        Estimated authorization level.....................        0       47       48       49       50       51
        Estimated outlays.................................        0        4       36       46       48       50

     Title IV--Family Violence Prevention and Services

    Family Violence Prevention and Services/Battered
     Women's Shelter: \2\
        Estimated authorization level.....................        0        0        0      175      175      175
        Estimated outlays.................................        0        0        0       21      138      168
    Domestic Violence Hotline/National Domestic Violence
     Shelter Network:
        Estimated authorization level.....................        0        3        3        5        5        5
        Estimated outlays.................................        0        3        3        5        5        5
    Demonstration Grants for Community Initiatives: \2\
        Estimated authorization level.....................        0        0        0        6        6        6
        Estimated outlays.................................        0        0        0        1        4        5
    Transitional Housing Assistance:
        Estimated authorization level.....................        0       25       25       25       25       25
        Estimated outlays.................................        0       15       24       24       25       25
    Subtotal, Title IV:
        Estimated authorization level.....................        0       28       28      211      211      211
        Estimated outlays.................................        0       18       27       51      172      203
Total proposed changes:
    Estimated authorization level.........................        0      315      321      510      516      523
    Estimated outlays.....................................        0       36      168      275      445      497
Total spending under S. 342:
    Estimated authorization level.........................      263      498      504      510      516      523
    Estimated outlays.....................................      241      276      365      439      501     514
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 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 2004 and
  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 Grants. S. 342 also would authorize $80 
million in 2004 and such sums as may be necessary over the 
2005-2008 period for community-based efforts to develop, and 
operate initiatives aimed at the prevention of child abuse and 
neglect. The program is funded at $33 million in 2003.
            Title II--Adoption Opportunities
    Title II would reauthorize the Adoption Opportunities 
program, currently authorized under the Child Abuse Prevention 
and Treatment and Adoption Reform Act of 1978.
    The bill would authorize $40 million in 2004 and such sums 
as may be necessary over the 2005-2008 period for the program. 
The Adoption Opportunities program provides funds to 
organizations for programs that eliminate barriers to adoption 
and help provide permanent homes for children, particularly 
children with special needs. These activities are funded at $27 
million in 2003.
            Title III--Abandoned Infants Assistance
    Title III would reauthorize the Abandoned Infants 
Assistance program, currently authorized under the Abandoned 
Infants Assistance Act of 1988.
    The bill would authorize $45 million in 2004 and such sums 
as may be necessary for the next four fiscal years for the 
program. The Abandoned Infants Assistance program provides 
funds to 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 2003.
            Title IV--Family Violence Prevention and Services Act
    Title IV would authorize $28 million in 2004 and $689 
million over the 2004-2008 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 2008.
    Family Violence Prevention and Services. The bill would 
extend the authorization of the Family Violence Prevention and 
Services/Battered Women's Shelter program from 2005 through 
2008. The program provides grants to states to provide shelter 
and assistance for victims, preventive services for 
perpetrators of domestic violence, and programs to address the 
needs of children who witness domestic violence. The current 
authorization is $175 million annually through 2005. The 
program is funded at $126 million in 2003.
    National Domestic Violence Hotline and National Domestic 
Violence Shelter Network. The bill would create a new grant to 
a non-profit organization to establish and operate a secure 
Internet website linking the National Domestic Violence Hotline 
and other participating local domestic violence shelters and 
agencies. The bill would authorize $5 million in 2004 and such 
sums as may be necessary for each of the years 2005 through 
2008 for both the new grant and the existing Domestic Violence 
Hotline. The bill specifies that the National Domestic Violence 
Shelter Network would only receive funds if the appropriation 
exceeds $3 million. The hotline was funded at $2.6 million in 
2003.
    Demonstration Grants for Community Initiatives. The bill 
would extend the authorization for grants for community 
initiatives through 2008. The program awards grants to 
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 2003.
    Transitional Housing Assistance. S. 342 would authorize $25 
million in each of the fiscal years 2004 through 2008 for 
housing assistance for victims of domestic violence. The 
program was authorized at $25 million for 2001, but the program 
has never been funded.
    Intergovernmental and private-sector impact: S. 342 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would authorize the appropriation of 
$315 million in grants in 2004 ($2.2 billion over the 2004-2008 
period), and a significant portion of those funds would be 
available to state, local, and tribal governments. Any costs 
those governments incur to fulfill requirements of the grants 
would be conditions of assistance and thus voluntary.
    Previous CBO estimate: On February 24, 2003, CBO 
transmitted a cost estimate for H.R. 14, the Keeping Children 
and Families Safe Act of 2003, as ordered reported by the House 
Committee on Education and the Workforce on February 13, 2003. 
The two bills would authorize similar amounts of funding.
    Estimate prepared by: Federal costs: Donna Wong; Impact on 
state, local, and tribal governments: Leo Lex; Impact on the 
private sector: Kate Bloniarz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    VI. Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee has determined that 
there will be minimal increases in the regulatory burden 
imposed by this bill.

Impact on individuals and businesses

    In general, the bill provides grants to States and public 
and private agencies to assist in identifying, assessing, 
investigating, treating, and preventing child abuse and 
neglect. Regulations are needed to implement these grants in 
specified areas but do not affect individuals or businesses, 
unless they choose to apply for such funds.

Impact on personal privacy and paperwork

    The bill provides grants to States and public and private 
agencies to assist in identifying, assessing, investigating, 
treating, and preventing child abuse and neglect. The bill 
should not increase the amount of personal information and 
paperwork required.

                     B. UNFUNDED MANDATES STATEMENT

Estimated impact on state, local, and tribal governments

    According to the Congressional Budget Office, the bill 
contains no intergovernmental mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). The bill places several 
new requirements and limitations on State programs as 
conditions of receiving assistance. For example, the bill 
requires States to have policies and procedures to have triage 
for the referral of a child not at imminent risk of harm to a 
community or voluntary child maltreatment prevention service; 
to improve the training, retention, and supervision of 
caseworkers; to have procedures (including appropriate 
referrals to CPS systems and for other appropriate services) to 
address the needs of infants born and identified with illegal 
substance abuse or withdrawal symptoms resulting from prenatal 
drug exposure; to require disclosures of 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; to require that 
a representative of the CPS 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; 
and, to require background checks on all adults in prospective 
foster care households.
    The committee has determined that there may be increased 
demands upon States due to the new conditions for assistance 
under section 106. However, the committee believes it is 
appropriate to require such new conditions given the State of 
the Nation's CPS system and its mission to protect children 
from abuse and neglect.

                        VII. Legislative Impact

    The committee has determined that there is no legislative 
impact.

                   VIII. Section-by-Section Analysis


Section 1. Short title

    This Act may be cited as the ``Keeping Children and 
Families Safe Act of 2003''.

Section 2. Table of contents

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT


Section 101. Findings

    Section 2 updates the findings under the act with the most 
recent data available.

                      Subtitle A--General Program


Section 111. National Clearinghouse for information relating to child 
        abuse

    Section 111 modifies Section 103(b) to ensure that the 
Clearinghouse maintains all effective programs, including 
private and community-based programs that show promise of 
success with respect to the prevention, assessment, 
identification, and treatment of child abuse and neglect and 
hold the potential for broad scale implementation and 
replication. The Clearinghouse also would be required to 
maintain information about the best practices used for 
achieving improvements in child protective systems; and, 
provide technical assistance upon request that may include an 
evaluation or identification of: (A) various methods and 
procedures for the investigation, assessment, and prosecution 
of child physical and sexual abuse cases; (B) ways to mitigate 
psychological trauma to the child victim; and (C) effective 
programs carried out by the States under this Act; and provide 
for and disseminate information relating to various training 
resources available at the State and local level to: 
individuals who are engaged, or who intend to engage, in the 
prevention, identification, and treatment of child abuse and 
neglect; and appropriate State and local officials to assist in 
training law enforcement, legal, judicial, medical, mental 
health, education, and child welfare personnel.
    Section 103(c)(1) is amended to require HHS to 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.

Section 112. Research and assistance activities and demonstrations

    Section 112 amends Section 104(a) to include longitudinal 
research, as well as research on 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. In addition, this Section requires the Secretary to 
undertake a National Incidence Study (NIS) and requires the 
study to include the incidence and prevalence of child 
maltreatment by a wide array of demographic characteristics 
such as age, sex, race, household relationship (including the 
living arrangement of resident parent and family size), family 
structure, school enrollment and educational attainment, 
disability, grandparents as care givers, labor force status, 
work status in the previous year, and income in the previous 
year; the evaluation and dissemination of best practices 
consistent with the goals of achieving improvements in the 
child protection services systems to promote effective 
approaches to interagency collaboration between the child 
protection system and the juvenile justice system that improve 
the delivery of services and treatment; an evaluation of the 
redundancies and gaps in services to make better use of 
resources; and the nature, scope, and practice of voluntary 
relinquishment for foster care or State guardianship of low 
income children who need health services, including mental 
health services.
    This Section requires the Secretary to provide an 
opportunity for public comment concerning research priorities 
every 2 years. This Section also requires the Secretary to 
prepare and submit the National Incidence Study 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, no later than 4 years after the 
date of enactment.
    Section 104(b) is amended to include private agencies and 
community-based organizations as organizations who should 
receive technical assistance for 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.
    Section 104 is further amended by moving ``Demonstrations 
Programs and Projects'' from Section 105 to Section 104 to 
allow the Secretary to award grants to, and enter into 
contracts with, States or public or private agencies or 
organizations (or combinations of such agencies or 
organizations) for time-limited, demonstration projects for the 
following:
          (8) Promotion of Safe, Family-Friendly Physical 
        Environments for Visitation and Exchange to assist in 
        establishing and operating safe, family-friendly 
        physical environments for court-ordered, supervised 
        visitation between children and abusing parents; and to 
        safely facilitate the exchange of children for visits 
        with noncustodial parents in cases of domestic 
        violence;
          (9) Education Identification, Prevention, and 
        Treatment for projects that provide educational 
        identification, prevention, and treatment services in 
        cooperation with preschool and elementary and secondary 
        schools;
          (10) Risk and Safety Assessment Tools for projects 
        that provide for the development of risk and safety 
        assessment tools relating to child abuse and neglect;
          (11) Training for projects that involve innovative 
        training for mandated child abuse and neglect 
        reporters; and
          (12) Comprehensive Adolescent Victim/Victimizer 
        Prevention Programs to organizations that demonstrate 
        innovation in preventing child sexual abuse through 
        school-based programs in partnership with parents and 
        community-based organizations to establish a network of 
        trainers who will work with schools to implement the 
        program.

Section 113. Grants to states and public or private agencies and 
        organizations

    This Section amends Section 105(a) to provide grants for a 
variety of training programs designed to improve training to 
child protection services (CPS) and other child and family 
service workers, (including supervisors). Suggested projects 
include training workers on how to best work with families from 
initial investigation through treatment; cross-training to 
better recognize neglect, domestic violence or substance abuse 
in a family; training to strengthen linkages between CPS and 
health agencies including physical and mental health services 
and to promote partnerships that offer creative approaches to 
meet the needs of abused children; as well as training for CPS 
workers on their legal duties. Other suggested projects include 
developing programs designed to improve services to disabled 
infants.
    Additionally, this section is amended to promote better 
coordination between agencies to improve services to children. 
Specifically through improving links between child protection 
services and education, health, mental health, and judicial 
systems to ensure that children who are abused and neglected 
are properly identified and receive referrals to appropriate 
services. In addition, it promotes partnerships between public 
agencies and community-based organizations to provide child 
abuse and neglect prevention and treatment programs.
    Section 105(b) is amended to include programs based within 
children's hospitals or other pediatric care facilities that 
provide model approaches for improving medical diagnosis of 
child abuse and neglect and for medical diagnosis of children 
for whom a report of maltreatment has been substantiated to the 
list of discretionary grant options of the Secretary.

Section 114. Grants to states for child abuse and neglect prevention 
        and treatment programs

    This Section amends Section 106(a) to promote developing 
and updating systems of technology that support the program and 
track reports of child abuse and neglect from intake through 
final disposition and allow interstate and intrastate 
information exchange; This section encourages greater 
collaboration between child protection services and the 
juvenile justice system to ensure that children who move 
between these two systems do so smoothly and receive 
appropriate services. This section also promotes improving the 
CPS workforce, including improvements in the recruitment and 
retention of caseworkers and promotes developing, implementing, 
or operating programs to assist in obtaining or coordinating 
necessary services for families of disabled infants with life-
threatening conditions, including existing social and health 
services; financial assistance; and services necessary to 
facilitate adoptive placement of any such infants who have been 
relinquished for adoption. This Section also promotes the 
development for training protocols for mandated reporters and 
the improvement of public education relating to the role and 
responsibilities of child protective services and the nature 
and basis for reporting child abuse and neglect. Finally, this 
Section encourages personal safety training for CPS workers, as 
well as training regarding their legal duties.
    As a condition of receiving state grant money, States would 
be required to have triage procedures for the referral of a 
child not at imminent risk of harm to a community or voluntary 
child maltreatment prevention service and to have procedures to 
improve the training, retention, and supervision of 
caseworkers. States would be required to have policies and 
procedures (including appropriate referrals to child protection 
services systems and for other appropriate services) to address 
the needs of infants born and identified with illegal substance 
abuse or withdrawal symptoms resulting from prenatal drug 
exposure. States would also be required to have provisions to 
require disclosures of 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.
    This Section modifies the appointment of court appointed 
special advocates (CASAs) and guardian ad litem to ensure that 
they have training appropriate to the role. States would be 
required to have procedures to require that a representative of 
the child protection 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. 
States are also required to perform background checks on all 
adults in prospective foster care households within two years 
of the enactment of this reauthorization.
    This Section modifies Section 106(c) to require Citizen 
Review Panels to 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. The appropriate State agency is to submit 
a written response to the Citizen Review Panel, within six 
months, that describes whether or how the State will 
incorporate the recommendations of the Citizen Review Panel 
(where appropriate) to make measurable progress in improving 
the State and local child protective system.
    This Section also requires States to collect and report 
summary data of Citizen Review Panel activity, as well as the 
number of children transferred from the child protective 
systems into the juvenile justice systems as part of their 
Annual State Data Reports.

Section 115. Miscellaneous requirements relating to assistance

    This Section amends Section 108 by requiring, no later than 
February 1, 2003, the Comptroller General of the United States 
to conduct a survey of a wide range of State and local child 
protection service systems to evaluate and submit to Congress a 
report concerning the current training (including cross-
training in domestic violence or substance abuse) of child 
protective service workers in the outcomes for children and to 
analyze and evaluate the effects of caseloads, compensation, 
and supervision on staff retention and performance; the 
efficiencies and effectiveness of agencies that provide cross-
training with court personnel; and recommendations to 
strengthen child protective service effectiveness to improve 
outcomes for children.
    This Section notes that 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.

Section 116. Authorization of appropriations

    This Section amends Section 112(a)(1) to authorize 
$120,000,000 for fiscal year 2004 and such sums as may be 
necessary for fiscal years 2005 through 2008.

Section 117. Reports

    This Section amends 106(f) by requiring the Secretary to 
conduct a study by random sample of the effectiveness of the 
citizen review panels established under section 106(c). Within 
3 years the Secretary shall submit to the Committee on 
Education and the Workforce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the 
Senate a report that contains the results of the study 
conducted under paragraph (1).

  Subtitle B--Community-Based Grants for the Prevention of Child Abuse


Section 121. Purpose and authority

    This Section amends the Section 201(a)(1) definition of the 
purpose of this title to support community-based efforts to 
develop, operate, expand, enhance, and, where appropriate to 
network, initiatives aimed at the prevention of child abuse and 
neglect, and to support networks of coordinated resources and 
activities to better strengthen and support families to reduce 
the likelihood of child abuse and neglect.

Section 122. Eligibility

    This Section amends Section 202 to conform to community-
based and prevention-focused programs and activities designed 
to strengthen and support families to prevent child abuse and 
neglect (through networks where appropriate).

Section 123.

    Section 203 is amended to make technical corrections.

Section 124. Existing grants

    Section 204 is repealed.

Section 125. Application

    Section 205 conforms the definition to community-based and 
prevention-focused programs and activities designed to 
strengthen and support families to prevent child abuse and 
neglect (through networks where appropriate) and requires a 
description of the inventory of current unmet needs and current 
family resource services operating in the State.

Section 126. Local program requirements

    Section 126 amends Section 206(a) to include ``voluntary 
home visiting'' among other core services which must be 
provided or arranged for through contracts or agreements with 
other local agencies.

Section 127. Performance measures

    Section 207 is amended to make technical and conforming 
changes and to require the State to demonstrate that they will 
have addressed unmet needs identified by the inventory and 
description of current services required under section 205(3).

Section 128. National Network for Community-Based Family Resource 
        Programs

    Section 208(3) is amended to make conforming changes.

Section 129. Definitions

    This Section makes the following definition revisions:
          (1) Children With Disabilities.--Section 209(1) of 
        the Child Abuse Prevention and Treatment Act (42 U.S.C. 
        5116h(1)) is amended by striking ``given such term in 
        Section 602(a)(2)'' and inserting ``given the term 
        ``child with a disability'' in Section 602(3) or 
        ``infant or toddler with a disability'' in section 
        632(5);''
          (2) Community-Based and Prevention-Focused Programs 
        and Activities to Prevent Child Abuse and Neglect.--
        Section 209 of the Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5116h) is amended by striking paragraphs 
        (3) and (4) and inserting the following:
          (3) Community-Based and Prevention-Focused Programs 
        and Activities to Prevent Child Abuse and Neglect.--The 
        term ``community-based and prevention-focused programs 
        and activities designed to strengthen and support 
        families to prevent child abuse and neglect'' includes 
        organizations such as family resource programs, family 
        support programs, voluntary home visiting programs, 
        respite care programs, parenting education, mutual 
        support programs, and other community programs or 
        networks of such programs that provide activities that 
        are designed to prevent or respond to child abuse and 
        neglect.

Section 130. Authorization of appropriations

    Section 210 is amended to authorize $80,000,000 for fiscal 
year 2004 and such sums as may be necessary for fiscal years 
2005 to 2008.

                  TITLE II--ADOPTION OPPORTUNITIES ACT


Section 201. Congressional findings and declaration of purpose

    This Section amends Section 201 by revising and updating 
the current foster care and adoption statistics and calls 
attention to the need to eliminate continued geographic 
barriers to adoption.

Section 202. Information and services

    Section 203 is amended to promote the implementation of 
programs that are intended to increase the number of older 
children (who are less likely to be adopted) placed in adoptive 
families; services for families adopting special needs children 
and improving the placement rate of children in foster care.
    This Section also adds the Elimination of Barriers to 
Adoptions Across Jurisdictional Boundaries to allow the 
Secretary to award grants to, or enter into contracts with, 
States, local government entities, public or private child 
welfare or adoption agencies, adoption exchanges, or adoption 
family groups to carry out initiatives to improve efforts to 
eliminate barriers to placing children for adoption across 
jurisdictional boundaries. In addition, this Section is amended 
to allow services provided under these grants to supplement, 
not supplant, services provided using any other funds made 
available for the same general purposes including
          (A) Developing a uniform home study standard and 
        protocol for acceptance of home studies between States 
        and jurisdictions;
          (B) Developing models of financing cross-
        jurisdictional placements;
          (C) Expanding the capacity of all adoption exchanges 
        to serve increasing numbers of children;
          (D) Developing training materials and training social 
        workers on preparing and moving children across State 
        lines; and
          (E) developing and supporting initiative models for 
        networking among agencies, adoption exchanges, and 
        parent support groups across jurisdictional boundaries.

Section 203. Study of adoption placements

    Section 204 is amended to include research on how 
interstate placements are being financed across State lines; 
recommendations on best practice models for both interstate and 
intrastate adoptions; and how State policies in defining 
special needs children differentiate or group similar 
categories of children.
    Section 204 is also amended to require 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 is required 
to submit a report containing the results of such research to 
the appropriate committees of the Congress within 3 years.

Section 204. Studies on successful adoptions

    This Section requires the Secretary of HHS in consultation 
with the General Accounting Office to submit to the Committee 
on Health, Education, Labor, and Pensions of the Senate and the 
Committee on Education and Workforce of the House of 
Representatives a report that contains recommendations for an 
action plan to facilitate the interjurisdictional adoption of 
foster children no later than 1 year after the date of 
enactment of this Act.
    Congress bases this request on the following findings:
          (13) The Adoption and Safe Families Act of 1997 
        mandated that ``the State shall not delay or deny the 
        placement of a child for adoption when an approved 
        family is available outside of the jurisdiction with 
        responsibility for handling the case of the child'';
          (2)(A) The policy and legal focus on expanding the 
        pool of adoptive families for waiting children in 
        foster care, as expressed by the Adoption and Safe 
        Families Act of 1997, has brought attention to the need 
        to improve interjurisdictional practice whether across 
        State or county lines; and (B) case workers, agency 
        administrators, and State policy makers in many cases 
        have resisted the use of interjurisdictional placements 
        for children in their caseloads, citing practice, 
        policy, legal, bureaucratic, and fiscal concerns;
          (3) The National Conference of State Legislators has 
        noted that among the many challenges (interstate 
        adoptions of special needs children has been 
        complicated by a lack of familiarity with the 
        Interstate Compact on the Placement of Children on the 
        part of caseworkers and judges, the absence of a 
        standard protocol for pre-placement home studies, 
        delays in the Interstate Compact on the Placement of 
        Children process, and similar issues(; and in its 
        November 1999 report to Congress, the General 
        Accounting Office found that public child welfare 
        agencies have done little to improve the 
        interjurisdictional adoption process.

Section 205. Authorization of appropriations

    Section 205(a) is amended to authorize $40,000,000 for 
fiscal year 2004 and such sums as may be necessary for fiscal 
years 2005 through 2008.

              TITLE III--ABANDONED INFANTS ASSISTANCE ACT


Section 301. Findings

    This Section amends Section 2 by inserting ``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'' 
as well as adding ``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.''

Section 302. Establishment of local projects

    This Section prevents the Secretary from making a grant 
under this Section unless the applicant for the grant agrees to 
give priority to abandoned infants and young children who are 
infected with, or have been perinatally exposed to, the human 
immunodeficiency virus, have a life-threatening illness or 
other special medical need, or have been perinatally exposed to 
a dangerous drug.

Section 303. Evaluations, study, and reports by Secretary

    Section 102 is amended to require the Secretary to, 
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. This Section also 
requires the Secretary to conduct a study on the details of 
abandoned infants and young children, and evaluate and report 
on effective methods of intervening to prevent such 
abandonment, and effective methods for responding to the needs 
of abandoned infants and young children.

Section 304. Authorization of appropriations

    Section 104 authorizes $45,000,000 for fiscal year 2004 and 
such sums as may be necessary for fiscal years 2005 through 
2008. Not more than 5 percent of these amounts for any fiscal 
year may be obligated for carrying out the evaluation of local 
programs.

Section 305. Definitions

    Section 103 is amended to include the following definitions 
for 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.

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


             Subtitle A--Reauthorization of Grant Programs


Section 401. State demonstration grants

    This Section amends Section 303(a)(2)(C) to reference the 
definition of ``under served populations'' and requires State 
grantees to submit a report to the Secretary that contains a 
description of activities carried out.
    This Section requires the Secretary to provide competitive 
grants for shelters and other domestic violence service 
providers to run programs to address the physical, emotional 
and logistical needs of children who witness domestic violence; 
to provide grants to local agencies for the training of child 
welfare, and where appropriate, court and law enforcement 
personnel to assist them in addressing cases where child abuse 
and domestic violence intersect; and finally, to provide funds 
to nonprofit agencies to bring various service providers 
together to design and implement multi-system intervention 
programs for children exposed to domestic violence.

Section 402. Secretarial responsibilities

    The amendment of Section 305(a) will enable more than one 
employee to carry out the required functions of the Act.

Section 403. Evaluation

    This Section amends Section 306 to indicate that the 
Secretary shall review, evaluate, and report to the appropriate 
committees of Congress every two years on the effectiveness of 
the programs administered, as opposed to no later than two 
years after funds have been obligated.

Section 404. Information and technical assistance centers

    Section 308 is amended by removing the publication within 
90 days requirement.

Section 405. General authorization of appropriations

    The Section extends the authorization of $175,000,000 
through 2008.
    This Section also requires that for a fiscal year in which 
the total amounts appropriated for the Family Violence 
Prevention Act exceed $150,000,000, the Secretary shall reserve 
and make available 50 percent of the excess to carry out 
projects to address the needs of Children Who Witness Domestic 
Violence.

Section 406. Grants for state domestic violence coalitions

    Section 311 is amended by repeal subsection (h), 
establishing time frames for regulations.

Section 407. Evaluation and monitoring

    Section 312 is amended to require the Secretary to use not 
more than 2.5 percent of the amount appropriated under Section 
310(a) for each fiscal year for evaluation, monitoring, and 
other administrative costs under this title.

Section 408. Family Member Abuse Information and Documentation Project

    This Section repeals Section 313.

Section 409. Model State Leadership Grants

    This Section repeals Section 315.

Section 410. National Domestic Violence Hotline Grant

    Section 316(b) is amended to permit an extension of this 
grant if the Grantee submits a report evaluating the 
effectiveness of the program.

Section 411. Youth education and domestic violence

    Section 317 is repealed.

Section 412. National Domestic Violence Shelter Network

    This Section establishes a highly secure electronic network 
to link domestic violence shelters and service providers and 
the National Domestic Violence Hotline on a confidential 
website. The website would provide a continuously updated list 
of shelter availability anywhere in the United States at any 
time and would provide comprehensive information describing the 
services each shelter provides such as medical, social and 
bilingual services. It would also provide internet access to 
shelters that do not have appropriate technology.
    This Section authorizes $5,000,000 to carry out this 
Section and Section 316 for fiscal year 2004 and such sums as 
may be necessary for each of fiscal years 2005 through 2008.

Section 413. Demonstration grants for community initiatives

    Section 318(h) is amended to authorize $6,000,000 for each 
of fiscal years 2004 to 2008.
    Section 318(I) is repealed.

Section 414. Transitional housing reauthorization

    Section 319(f) is amended to authorize $25,000,000 for each 
of fiscal years 2004 to 2008.

Section 415. Technical and conforming amendments

    This Section makes general punctuation and minor language 
changes.

                      IX. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter in printed in italic, existing law 
in which no change is proposed is shown in roman):

CHILD ABUSE PREVENTION AND TREATMENT ACT

           *       *       *       *       *       *       *



                            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. 105. Grants to States and public or private agencies and 
          organizations.
     * * * * * * *

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

 TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND 
                                 NEGLECT

Sec. 201. Purpose and authority.
Sec. 202. Eligibility.
Sec. 203. Amount of grant.
[Sec. 204. Existng grants.]
     * * * * * * *

                     HISTORICAL AND STATUTORY NOTES

    Congressional Findings.--
          (1) each year, [close to 1,000,000] approximately 
        900,000 American children are victims of abuse and 
        neglect;
          (2)(A) more children suffer neglect than any other 
        form of maltreatment; and
          (B) investigations have determined that approximately 
        63 percent of children who were victims of maltreatment 
        in 2000 suffered neglect, 19 percent suffered physical 
        abuse, 10 percent suffered sexual abuse, and 8 percent 
        suffered emotional maltreatment;
          (3)(A) child abuse can result in the death of a 
        child;
          (B) in 2000, an estimated 1,200 children were counted 
        by child protection services to have died as a result 
        of abuse or neglect; and
          (C) children younger than 1 year old comprised 44 
        percent of child abuse fatalities and 85 percent of 
        child abuse fatalities were younger than 6 years of 
        age;
          [(2) many of these children and their families fail 
        to receive adequate protection or treatment;]
          (4)(A) many of these children and their families fail 
        to receive adequate protection and treatment;
          (B) slightly less than half of these children (45 
        percent in 2000) and their families fail to receive 
        adequate protection or treatment; and
          (C) in fact, approximately 80 percent of all children 
        removed from their homes and placed in foster care in 
        2000, as a result of an investigation or assessment 
        conducted by the child protective services agency, 
        received no services;
          ``[(3)] (5) the problem of child abuse and neglect 
        requires a comprehensive approach that--
                  ``(A) integrates the work of social service, 
                legal, health, mental health, education, and 
                substance abuse agencies and [organizations] 
                community-based organizations;

           *       *       *       *       *       *       *

                  ``(D) [ensures properly trained and support 
                staff with specialized knowledge] recognizes 
                the need for properly trained staff with the 
                qualifications needed to carry out their child 
                protection duties; and
                  ``(E) is sensitive to ethnic and cultural 
                diversity, which may impact child rearing 
                patterns, while at the same time not allowing 
                those differences to enable abuse;
          ``[(4)] (6) the failure to coordinate and 
        comprehensively prevent and treat child abuse and 
        neglect threatens the futures of thousands of children 
        and results in a cost to the Nation of billions of 
        dollars in tangible expenditures, as well as 
        significant intangible costs;
          ``[(5)] (7) all elements of American society have a 
        shared responsibility in responding to [this national 
        child and family emergency] child abuse and neglect;
          ``[(6)] (8) substantial reductions in the prevalence 
        and incidence of child abuse and neglect and the 
        alleviation of its consequences are matters of the 
        highest national priority;
          ``[(7)] (9) national policy should strengthen 
        families to prevent child abuse and neglect, provide 
        support for [intensive] needed services to prevent the 
        unnecessary removal of children from families, and 
        promote the reunification of families [if removal has 
        taken place] where appropriate;
          ``[(8)] (10) the child protection system should be 
        comprehensive, child-centered, family-focused, and 
        community-based, should incorporate all appropriate 
        measures to prevent the occurrence or recurrence of 
        child abuse and neglect, and should promote physical 
        and psychological recovery and social re-integration in 
        an environment that fosters the health, safety, self-
        respect, and dignity of the child;

           *       *       *       *       *       *       *

          ``[(9)] (11) because of the limited resources 
        available in low-income communities, Federal aid for 
        the child protection system should be distributed with 
        due regard to the relative financial need of the 
        communities;
          ``[(10)] (12) the Federal government should assist 
        States and communities with the fiscal, human, and 
        technical resources necessary to develop and implement 
        a successful and comprehensive child and family 
        protection strategy;
          ``[(11)] (13) the Federal government should provide 
        leadership and assist communities in their child and 
        family protection efforts by--

           *       *       *       *       *       *       *


                        TITLE I--GENERAL PROGRAM

SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

           *       *       *       *       *       *       *


SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD 
                    ABUSE.

    (a) Establishment.--* * *
    (b) * * *
          (1) maintain, coordinate, and disseminate information 
        on [all programs, including private programs, that show 
        promise of success with respect to the prevention, 
        assessment, identification, and treatment of child 
        abuse and neglect; and] all effective programs, 
        including private and community-based programs, that 
        show promise of success with respect to the prevention, 
        assessment, identification, and treatment of child 
        abuse and neglect and hold the potential for broad 
        scale implementation and replication;
          (2) main information about the best practices used 
        for achieving improvements in child protective systems;
          [(2)] (3) maintain and disseminate information 
        relating to--
                  (A) the incidence of cases of child abuse and 
                neglect in the United States;
                  (B) the incidence of such cases in 
                populations determined by the Secretary under 
                section 105(a)(1) of the Child Abuse 
                Prevention, Adoption, and Family Services Act 
                of 1988; and
                  (C) the incidence of any such cases related 
                to alcohol or drug abuse[.];
          (4) provide technical assistance upon request that 
        may include an evaluation or identification of--
                  (A) various methods and procedures for the 
                investigation, assessment, and prosecution of 
                child physical and sexual abuse cases;
                  (B) ways to mitigate psychological trauma to 
                the child victim; and
                  (C) effective programs carried out by the 
                States under this Act; and
          (5) collect and disseminate information relating to 
        various training resources available at the State and 
        local level to--
                  (A) individuals who are engaged, or who 
                intend to engage, in the prevention, 
                identification, and treatment of child abuse 
                and neglect; and
                  (B) appropriate State and local officials to 
                assist in training law enforcement, legal, 
                judicial, medical, mental health, education, 
                and child welfare personnel.
    (c) Coordination With Available Resources.--
          (1) In general.-- * * * 
                  (A) * * *
                  (E) compile, analyze, and publish a summary 
                of the research conducted under section 
                [105(a); and] 104(a);
                  (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. 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--

           *       *       *       *       *       *       *

                  (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;
                  (G) the nature, scope, and practice of 
                voluntary relinquishment for foster care or 
                State guardianship of low income children who 
                need health services, including mental health 
                services;
                  (H) the information on the national incidence 
                of child abuse and neglect specified in clauses 
                (i) through (xi) of subparagraph (H); and

           *       *       *       *       *       *       *

                  [D] (I) the national incidence of child abuse 
                and neglect, including--
                          (i) * * *

           *       *       *       *       *       *       *

                          (viii) the incidence and prevalence 
                        of physical, sexual, and emotional 
                        abuse and physical and emotional 
                        neglect in substitute care; [and]
                          (ix) the incidence and prevalence of 
                        child maltreatment by a wide array of 
                        demographic characteristics such as 
                        age, sex, race, family structure, 
                        household relationship (including the 
                        living arrangement of the resident 
                        parent and family size), school 
                        enrollment and education attainment, 
                        disability, grandparents as caregivers, 
                        labor force status, work status in 
                        previous year, and income in previous 
                        year; and
                          [ix] (x) 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.
          (2) Research.--The Secretary shall conduct research 
        on the national incidence of child abuse and neglect, 
        including the information on the national incidence on 
        child abuse and neglect specified in subparagraphs (i) 
        through (ix) of paragraph (1)(I).
          (3) Report.--Not later than 4 years after the date of 
        the enactment of the Keeping Children and Families Safe 
        Act of 2003, the Secretary shall prepare and submit to 
        the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor and Pensions of the Senate a report 
        that contains the results of the research conducted 
        under paragraph (2).
          [(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) Not later than 2 years after the date of 
        enactment of the Keeping Children and Families Safe Act 
        of 2003, and every 2 years thereafter, the Secretary 
        shall provide an opportunity for public comment 
        concerning the priorities proposed under subparagraph 
        (A) and maintain an official record of such public 
        comment.
    (b) Provision of Technical Assistance.--
          (1) In general.--The Secretary shall provide 
        technical assistance to State and local public and 
        [nonprofit private agencies and] private agencies and 
        community-based 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) various methods and procedures for the 
                investigation, assessment, and prosecution of 
                child physical and sexual abuse cases;
                  (B) ways to mitigate psychological trauma to 
                the child victim; [and]
                  (C) effective programs carried out by the 
                States under titles I and II[.]; 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.

           *       *       *       *       *       *       *

    (e) Demonstration Programs and Projects.--The Secretary may 
award grants to, and enter into contracts with, States or 
public or private agencies or organizations (or combinations of 
such agencies or organizations) for time-limited, demonstration 
projects for the following:
          (1) Promotion of safe, family-friendly physical 
        environments for visitation and exchange.--The 
        Secretary may award grants under this subsection to 
        entities to assist such entities in establishing and 
        operating safe, family-friendly physical environments--
                  (A) for court-ordered, supervised visitation 
                between children and abusing parents; and
                  (B) to safely facilitate the exchange of 
                children for visits with nonenstodial parents 
                in cases of domestics violence.
          (2) Education identification, prevention, and 
        treatment.--The Secretary may award grants under this 
        subsection to entities for projects that provide 
        educational identification, prevention, and treatment 
        services in cooperation with preschool and elementary 
        and secondary schools.
          (3) Risk and safety assessment tools.--The Secretary 
        may award grants under this subsection to entities for 
        projects that provide for the development of effective 
        and research-based risk and safety assessment tools 
        relating to child abuse and neglect.
          (4) Training.--The Secretary may award grants under 
        this subsection to entities for projects that involve 
        effective and research-based innovative training for 
        mandated child abuse and neglect reporters.
          (5) Comprehensive adolescent victim/victimizer 
        prevention programs.--The Secretary may award grants to 
        organizations that demonstrate innovation in preventing 
        child sexual abuse through school-based programs in 
        partnership with parents and community-based 
        organizations to establish a network of trainers who 
        will work with schools to implement the program. The 
        program shall be comprehensive, meet State guidelines 
        for health education, and should reduce child sexual 
        abuse by focusing on prevention for both adolescent 
        victims and victimizers.

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

SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND 
                    ORGANIZATIONS.

    (a) [Demonstration] Grants for Programs and Projects.--The 
Secretary may make grants to, and enter into contracts with, 
States 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 his section--
                  (A) for the training of professional and 
                paraprofessional personnel in the fields of 
                medicine, [law, education, social work, and 
                other relevant fields] law enforcement, 
                judiciary, social work and child protection, 
                education, and other relevant fields, or 
                individuals such as court appointed special 
                advocates (CASAs) and guardian ad litem, who 
                are engaged in or attend to work in, the field 
                of prevention, identification, and treatment of 
                child abuse and neglect, including the links 
                between domestic violence and child abuse;
                  (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] children, 
                youth and family service organizations in order 
                to prevent child abuse and neglect;
                  (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;
                  (F) for the training of personnel regarding 
                the legal duties of such personnel and their 
                responsibilities to protect the legal rights of 
                children and families;
                  (G) for improving the training of supervisory 
                and nonsupervisory child welfare workers;
                  (H) for enabling State child welfare agencies 
                to coordinate the provision of services with 
                State and local health care agencies, alcohol 
                and drug abuse prevention and treatment 
                agencies, mental health agencies, and other 
                public and private welfare agencies to promote 
                child safety, permanence, and family stability;
                  (I) for cross training for child protective 
                service workers in effective and research-based 
                methods for recognizing situations of substance 
                abuse, domestic violence, and neglect; and
                  (J) for developing, implementing, or 
                operating information and education programs or 
                training programs designed to improve the 
                provision of services to disabled infants with 
                life-threatening conditions for--
                          (i) professionals and 
                        paraprofessional personnel concerned 
                        with the welfare of disabled infants 
                        with life-threatening conditions, 
                        including personnel employed in child 
                        protective services programs and health 
                        care facilities; and
                          (ii) the parents of such infants.
          (2) Triage procedures.--The Secretary may award 
        grants under this subsection to public and private 
        agencies that demonstrate innovation in responding to 
        reports of child abuse and neglect, including programs 
        of collaborative partnerships between the State child 
        protective services agency, community social service 
        agencies and family support programs, law enforcement 
        agencies, developmental disability agencies, substance 
        abuse treatment entities, health care entities, 
        domestic violence prevention entities, mental health 
        service entities, schools, churches and synagogues, and 
        other community agencies, to allow for the 
        establishment of a triage system that--
                  (A) accepts, screens, and assesses reports 
                received to determine which such reports 
                require an intensive intervention and which 
                require voluntary referral to another agency, 
                program, or project;
                  (B) provides, either directly or through 
                referral, a variety of community-linked 
                services to assist families in preventing child 
                abuse and neglect; and
                  (C) provides further investigation and 
                intensive intervention where the child's safety 
                is in jeopardy.
          [(2)] (3) Mutual support programs.--The Secretary may 
        award grants to private [nonprofit organizations (such 
        as Parents Anonymous)] organizations 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 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 
                that--
                          [(i) accepts, screens and assesses 
                        reports received to determine which 
                        such reports require an intensive 
                        intervention and which require 
                        voluntary referral to another agency, 
                        program or project;
                          [(ii) provides, either directly or 
                        through referral, a variety of 
                        community-linked services to assist 
                        families in preventing child abuse and 
                        neglect; and
                          [(iii) provides further investigation 
                        and intensive intervention where the 
                        child's safety is in jeopardy.]
                  [(B)] (4) Kinship care.--The Secretary may 
                award grants to public and private [nonprofit] 
                entities in not more than 10 States to assist 
                such entities in developing or implementing 
                procedures using adult relatives as the 
                preferred placement for children removed from 
                their home, where such relatives are determined 
                to be capable of providing a safe nurturing 
                environment for the child and where such 
                relatives comply with the State child 
                protection standards.
                  [(C) Promotion of safe, family-friendly, 
                physical environments for visitation and 
                exchange.--The Secretary may award grants to 
                entities to assist such entities in 
                establishing, and operating safe, family-
                friendly physical environments--
                          [(i) for court-ordered supervised 
                        visitation between children and abusing 
                        parents; and
                          [(ii) to safely facilitate the 
                        exchange of children for visits with 
                        noncustodian parents in cases of 
                        domestic violence.]
          (5) Linkages between child protective service 
        agencies and public health, mental health, and 
        developmental disabilities agencies.--The Secretary may 
        award grants to entities that provide linkages between 
        State or local child protective service agencies and 
        public health, mental health, and developmental 
        disabilities agencies, for the purpose of establishing 
        linkages that are designed to help assure that a 
        greater number of substantiated victims of child 
        maltreatment have their physical health, mental health, 
        and developmental needs appropriately diagnosed and 
        treated, in accordance with all applicable Federal and 
        State privacy laws.
    (b) Discretionary Grants.--In addition to grants or 
contracts made under [subsection (b)] subparagraph (a) grants 
or contracts under this section may be used for the following:
          [(1) Projects which provide educational 
        identification, prevention, and treatment services in 
        cooperation with preschool and elementary and secondary 
        schools.]
          [(2)] (1) Respite and crisis nursery programs 
        provided by community-based organizations under the 
        direction and supervision of hospitals.
          [(3)] (2) Respite and crisis nursery programs 
        provided by community-based organizations.
          (3) Programs based within children's hospitals or 
        other pediatric and adolescent care facilities, that 
        provide model approaches for improving medical 
        diagnosis of child abuse and neglect and for health 
        evaluations of children for whom a report of mal-
        treatment has been substantiated.
          (4)(A) *  *  *

           *       *       *       *       *       *       *

                  (D) For purposes of this paragraph, a 
                qualified grantee is a [nonprofit] acute care 
                hospital that--

           *       *       *       *       *       *       *

    (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 grant, the Secretary shall make available 
technical assistance for the evaluation, where needed, 
including the use of a rigorous application of scientific 
evaluation techniques.

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

    (a) Development and Operation Grants.--* * *

           *       *       *       *       *       *       *

          (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 systems that support the program 
        and track reports of child abuse and neglect from 
        intake through final disposition and information 
        referral systems] developing, improving, and 
        implementing risk and safety assessment tools and 
        protocols;
          (5) developing and updating systems of technology 
        that support the program and track reports of child 
        abuse and neglect from intake through final disposition 
        and allow interstate and intrastate information 
        exchange;
          [(5)] (6) 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--
                  (A) training regarding effective and 
                research-based practices to promote 
                collaboration with the families;
                  (B) training regarding the legal duties of 
                such individuals; and
                  (C) personal safety training for case 
                workers;
          [(7) developing, strengthening, and supporting child 
        abuse and neglect prevention, treatment, and research 
        programs in the public and private sectors;]
          (7) improving the skills, qualifications, and 
        availability of individuals providing services to 
        children and families, and the supervisors of such 
        individuals, through the child protection system, 
        including improvements in the recruitment and retention 
        of caseworkers;
          [(6)] (8) developing and facilitating training 
        protocols for individuals mandated to report child 
        abuse or neglect;
          [(8)] (9) developing, implementing, or operating--
                  [(A) information and education programs or 
                training programs designed to improve the 
                provision of services to disabled infants with 
                life-threatening conditions for--
                          [(i) professional and 
                        paraprofessional personnel concerned 
                        with the welfare of disabled infants 
                        with life-threatening conditions, 
                        including personnel employed in child 
                        protective services programs and 
                        health-care facilities; and
                          [(ii) the parents of such infants; 
                        and
                  [(B) programs to assist in obtaining or 
                coordinating necessary services for families of 
                disabled infants with life-threatening 
                conditions, including--
                          [(i) existing social and health 
                        services;
                          [(ii) financial assistance; and
                          [(iii) services necessary to 
                        facilitate adoptive placement of any 
                        such infants who have been relinquished 
                        for adoption; or]
          (9) developing and facilitating effective and 
        research-based training protocols for individuals 
        mandated to report child abuse or neglect;
          (10) developing, implementing, or operating programs 
        to assist in obtaining or coordinating necessary 
        services for families of disabled infants with life-
        threatening conditions, including--
                  (A) existing social and health services;
                  (B) financial assistance; and
                  (C) services necessary to facilitate adoptive 
                placement of any such infants who have been 
                relinquished for adoption;
          (11) developing and delivering information to improve 
        public education relating to the role and 
        responsibilities of the child protection system and the 
        nature and basis for reporting suspected incidents of 
        child abuse and neglect;
          [(9)] (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 provide child 
        abuse and neglect prevention and treatment services 
        (including linkages with education systems) and to 
        address the health needs, including mental health 
        needs, of children identified as abused or neglected, 
        including supporting prompt, comprehensive health and 
        developmental evaluations for children who are the 
        subject of substantiated child maltreatment reports.
    (b) Eligibility Requirements.--
          (1) State plan.--
                  (A) In general.-- * * *
                  (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--
                          (i) of 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) of 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) * * *
                  (A) * * *
                          (i) provisions or procedures for the 
                        reporting of known and suspected 
                        instances of child abuse and neglect;
                          (ii) policies and procedures 
                        (including appropriate referrals to 
                        child protection service systems and 
                        for other appropriate services) to 
                        address the needs of infants born and 
                        identified as being affected by illegal 
                        substance abuse or withdrawal symptoms 
                        resulting from prenatal drug exposure;
                          (iii) the development of a plan of 
                        safe care for the infant born and 
                        identified as being affected by illegal 
                        substance abuse or withdrawal symptoms;
                          [(ii)] (iv) procedures for the 
                        immediate screening, risk and safety 
                        assessment, and prompt investigation of 
                        such reports;
                          (v) triage procedures for the 
                        appropriate referral of a child not at 
                        risk of imminent harm to a community 
                        organization or voluntary preventive 
                        service;
                          [(iii)] (vi) 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)] (vii) 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;
                          [(v)] (viii) 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 
                        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 (ix);

           *       *       *       *       *       *       *

                          (ix) provisions to require a State to 
                        disclose confidential information to 
                        any Federal, State, or local government 
                        entity, or any agent of such entity, 
                        that has a need for such information in 
                        order to carry out its responsibilities 
                        under law to protect children from 
                        abuse and neglect;
                          [(vi)] (x) 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)] (xi) 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)] (xii) 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)] (xiii) 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 has received 
                        training appropriate to the role, and 
                        who may be an attorney or a court 
                        appointed special advocate, who has 
                        received training appropriate to that 
                        role (or both), shall be appointed to 
                        represent the child in such 
                        proceedings--
                          [(x)] (xiv) the establishment of 
                        citizen review panels in accordance 
                        with subsection (c);
                          [(xi)] (xv) provisions, procedures, 
                        and mechanisms [to be effective not 
                        later than 2 years after the date of 
                        the enactment of this section]--

           *       *       *       *       *       *       *

                          [(xii)] (xvi) 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--

           *       *       *       *       *       *       *

                                  (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)] (xvii) an assurance that, 
                        upon the implementation by the State of 
                        the provisions, procedures, and 
                        mechanisms under [clause (xii)] clause 
                        (xvi), conviction of any one of the 
                        felonies listed in [clause (xii)] 
                        clause (xvi), 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);
                          (xviii) provisions and procedures to 
                        require that a representative of the 
                        child protective services agency shall, 
                        at the initial time of contact with the 
                        individual subject to a child abuse and 
                        neglect investigation, advise the 
                        individual of the complaints or 
                        allegations made against the 
                        individual, in a manner that is 
                        consistent with laws protecting the 
                        rights of the informant;
                          (xix) provisions addressing the 
                        training of representatives of the 
                        child protective services system 
                        regarding the legal duties of the 
                        representatives, which may consist of 
                        various methods of informing such 
                        representatives of such duties, in 
                        order to protect the legal rights and 
                        safety of children and families from 
                        the initial time of contact during 
                        investigation through treatment;
                          (xx) provisions and procedures for 
                        improving the training, retention, and 
                        supervision of caseworkers; and
                          (xxi) not later than 2 years after 
                        the date of enactment of the Keeping 
                        Children and Families Safe Act of 2003, 
                        provisions and procedures for requiring 
                        criminal background record checks for 
                        prospective foster and adoptive parents 
                        and other adult relatives and non-
                        relatives residing in the household;

           *       *       *       *       *       *       *

                  (D) * * * Nothing in subparagraph (A) shall 
                be construed to limit the State's flexibility 
                to determine State policies relating to public 
                access to court proceedings to determine child 
                abuse and neglect.
          (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) Establishment.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                                  (I) a review of the extent to 
                                which the [State] State and 
                                local child protective services 
                                system is coordinated with the 
                                foster care and adoption 
                                programs established under part 
                                E of the title IV of the Social 
                                Security Act; and
                  (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 [public] 
        State and the public on an annual basis, a report 
        containing a summary of the activities of the panel and 
        recommendations to improve the child protection 
        services system at the State and local levels. Not 
        later than 6 months after the date on which a report is 
        submitted by the panel to the State, the appropriate 
        State agency shall submit a written response to the 
        citizen review panel that describes whether or how the 
        State will incorporate the recommendations of such 
        panel (where appropriate) to make measurable progress 
        in improving the State and local child protective 
        system
    (d) * * *
          (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 who are transferred into 
        the custody of the State juvenile justice sysatem.

           *       *       *       *       *       *       *


SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

    (a) Construction of facilities.--

           *       *       *       *       *       *       *

    (d) GAO Study.--Not later than February 1, 2004, the 
Comptroller General of the United States shall conduct a survey 
of a wide range of State and local child protection service 
systems to evaluate and submit to Congress a report 
concerning--
          (1) the current training (including cross-training in 
        domestic violence or substance abuse) of child 
        protective service workers in the outcomes for children 
        and to analyze and evaluate the effects of case-loads, 
        compensation, and supervision on staff retention and 
        performance;
          (2) the efficiencies and effectiveness of agencies 
        that provide cross-training with court personnel; and
          (3) recommendations to strengthen child protective 
        service effectiveness to improve outcomes for children.
    (e) Sense of Congress.--It is the sense of Congress that 
the Secretary should encourage all States and public and 
private agencies or organizations that receive assistance under 
this title to ensure that children and families with limited 
English proficiency who participate in programs under this 
title are provided materials and services under such programs 
in an appropriate language other than English.
    (f) Annual Report on Certain Programs.--A State that 
receives funds under section 106(a) shall annually prepare and 
submit to the Secretary a report describing the manner in which 
funds provided under this Act, alone or in combination with 
other Federal funds, were used to address the purposes and 
achieve the objectives of section 105(a)(4)(B).

           *       *       *       *       *       *       *


SEC. 110. REPORTS.

    (a) Coordination Efforts.--* * *

           *       *       *       *       *       *       *

    (c) Study and Report Relating to Citizen Review Panels.--
          (1) Study.--The Secretary shall conduct a study by 
        random sample of the effectiveness of the citizen 
        review panels established under section 106(c).
          (2) Report.--Not later than 3 years after the date of 
        enactment of the Keeping Children and Families Safe Act 
        of 2003, the Secretary shall submit to the Committee on 
        Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, 
        Labor, and Pensions of the Senate a report that 
        contains the results of the study conducted under 
        paragraph (1).

SEC. 112. 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 title $120,000,000 
        for fiscal year 2004 and such sums as may be necessary 
        for each of the fiscal years 2005 through 2008.
          (2) Discretionary activities.--
                  (A) * * *
                  (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] section 104.

           *       *       *       *       *       *       *


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

TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND 
                                NEGLECT

SEC. 201. PURPOSE AND AUTHORITY.

    (a) Purpose.--It is the purpose of this title--
          [(1) to support State efforts to develop, operate, 
        expand and enhance a network of community-based, 
        prevention-focused, family resource and support 
        programs 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]
          (1) to support community-based efforts to develop, 
        operate, expand, enhance, and, where appropriate to 
        network, initiatives aimed at the prevention of child 
        abuse and neglect, and to support networks of 
        coordinated resources and activities to better 
        strengthen and support families to reduce the 
        likelihood of child abuse and neglect; and

           *       *       *       *       *       *       *

    (b) * * *
          (1) developing, operating, expanding and enhancing 
        [State-wide networks of community-based, prevention-
        focused, family resource and support programs that--] 
        community-based and prevention-focused programs and 
        activities designed to strengthen and support families 
        to prevent child abuse and neglect (through networks 
        where appropriate) that are accessible, effective, 
        culturally appropriate, and build upon existing 
        strengths that--
                  (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 under-
                served groups; and
                  (H) provide referrals to early health and 
                developmental services;

           *       *       *       *       *       *       *

          (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 
        network of community-based, prevention-focused] 
        community-based and prevention-focused, [family 
        resource and support program]; and programs and 
        activities designed to strengthen and support families 
        to prevent child abuse and neglect (through networks 
        where appropriate)

           *       *       *       *       *       *       *


SEC. 202. ELIGIBILITY.

    A State shall be eligible for a grant under this title for 
a fiscal year if--
          (1)(A) the chief executive officer of the State has 
        designated a lead entity to administer funds under this 
        title for the purposes identified under the authority 
        of this title, including to develop, implement, 
        operate, enhance or expand [a Statewide network of 
        community-based, prevention-focused], community-based 
        and prevention-focused [family resource and support 
        programs, child abuse and neglect prevention activities 
        and access to respite care services integrated with the 
        Statewide network;] programs and activities designed to 
        strengthen and support families to prevent child abuse 
        and neglect (through networks where appropriate);
          (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 to prevent child abuse and neglect 
        with a demonstrated ability to work with other State 
        and community-based agencies to provide training and 
        technical assistance, and that has the capacity and 
        commitment to ensure the meaningful involvement of 
        parents who are consumers and who can provide 
        leadership in the planning, implementation, and 
        evaluation of programs and policy decisions of the 
        applicant agency in accomplishing the desired outcomes 
        for such efforts;

           *       *       *       *       *       *       *

          (2) the chief executive officer of the State provides 
        assurances that the lead entity will provide or will be 
        responsible for providing--
                  (A) [a network of community-based family 
                resource support programs] community-based and 
                prevention-focused programs and activities 
                designed to strengthen and support families to 
                prevent child abuse and neglect (through 
                networks where appropriate) composed of local, 
                collaborative, public-private partnerships 
                directed by interdisciplinary structures with 
                balanced representation from private and public 
                sector members, parents, and public and private 
                nonprofit service providers and individuals and 
                organizations experienced in working in 
                partnership with families with children with 
                disabilities;
                  (B) direction [to the network] through an 
                interdisciplinary, collaborative, public-
                private structure with balanced representation 
                from private and public sector members, 
                parents, and public sector and private 
                nonprofit sector service providers and parents 
                with disabilities; and
                  (C) direction and oversight [to the network] 
                through identified goals and objectives, clear 
                lines of communication and accountability, the 
                provision of leveraged or combined funding from 
                Federal, State and private sources, centralized 
                assessment and planning activities, the 
                provision of training and technical assistance, 
                and reporting and evaluation functions; and
          (3) the chief executive officer of the State provides 
        assurances that the lead entity--
                  (A) has a demonstrated commitment to parental 
                participation in the development, operation, 
                and oversight of the [Statewide network of 
                community-based prevention-focused, family 
                resource and support programs] community-based 
                and prevention-focused programs and activities 
                designed to strengthen and support families to 
                prevent child abuse and neglect (through 
                networks where appropriate)
                  (B) 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 network of community-based, 
                prevention-focused, family resource and support 
                programs]; community-based and prevention-
                focused programs and activities designed to 
                strengthen and support families to prevent 
                child abuse and neglect (through networks where 
                appropriate)
                  (C) has the capacity to provide operational 
                support (both financial and programmatic) [and 
                training and technical assistance, to the 
                Statewide network of community-based, 
                prevention-focused, family resource and support 
                programs] training, technical assistance, and 
                evaluation assistance, to community-based and 
                prevention-focused programs and activities 
                designed to strengthen and support families to 
                prevent child abuse and neglect (through 
                networks where appropriate), 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 AMOUNT OF GRANT.

    (a) Reservation.--* * *
    (b) Remaining Amounts.--
          (1) In general.--* * *
                  (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] State lead entity 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 entity of such States in the 
                preceding fiscal year.
          (2) Additional requirement.--The Secretary shall 
        provide allotments under paragraph (1) to the State 
        lead entity.
    (c) Allocation.--Funds allotted to a State under this 
section--
          (1) shall be for a 3-year period; and
          (2) shall be provided by the Secretary to the State 
        on an annual basis, as described in [subsection (a)] 
        subsection (b)

           *       *       *       *       *       *       *


[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. APPLICATION.

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

           *       *       *       *       *       *       *

          (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] community-based and prevention-
        focused programs and activities designed to strengthen 
        and support families to prevent child abuse and neglect 
        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] community-based 
        and prevention-focused programs and activities designed 
        to strengthen and support families to prevent 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] community-based and prevention-focused 
        programs and activities designed to strengthen and 
        support families to prevent child abuse and neglect for 
        development, operation, expansion and enhancement 
        activities;
          (10) a description of how the applicant entity's 
        activities and those of the network and its members 
        (where appropriate) will be evaluated;
          (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] community-based and 
        prevention-focused programs and activities designed to 
        strengthen and support families to prevent child abuse 
        and neglect services 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. LOCAL PROGRAM REQUIREMENTS.

    (a) In General.--Grants made under this title shall be used 
to develop, implement, operate, expand and enhance community-
based, [prevention-focused, family resource and support 
programs] and prevention-focused programs and activities 
designed to strengthen and support families to prevent child 
abuse and neglect that--
          (1) * * *
          (2) * * *
          (3) provide--
                  (A) core family resource and support services 
                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;
                  (B) other core services, which must be 
                provided or arranged for through contracts or 
                agreements with other local agencies, including 
                voluntary home visiting and all forms of 
                respite care services to the extent 
                practicable; and

           *       *       *       *       *       *       *

          [(6) participate with other community-based, 
        prevention focused, family resource and support program 
        grantees in the development, operation and expansion of 
        the Statewide network.] (6) participate with other 
        community-based and prevention-focused programs and 
        activities designed to strengthen and support families 
        to prevent child abuse and neglect in the development, 
        operation and expansion of networks where appropriate.

           *       *       *       *       *       *       *


SEC. 207. PERFORMANCE MEASURES.

    A State receiving a grant under this title, through reports 
provided to the Secretary--
         (1) shall demonstrate the effective development, 
        operation and expansion of [a Statewide network of 
        community-based, prevention-focused, family resource 
        and support programs] community-based and prevention-
        focused programs and activities designed to strengthen 
        and support families to prevent child abuse and neglect 
        that meets the requirements of this title;
          (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;
          [(3) shall demonstrate the establishment of new 
        respite care and other specific new family resources 
        services, and the expansion of existing services, to 
        address unmet needs identified by the inventory and 
        description of current services required under section 
        205(3);] (3) shall demonstrate that they will have 
        addressed unmet needs identified by the inventory and 
        description of current services required under section 
        205(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 and prevention-focused programs and 
        activities designed to strengthen and support families 
        to prevent child abuse and neglect, and in the design, 
        operation and evaluation of the networks of such 
        community-based and prevention-focused programs;
          (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] and prevention-focused programs 
        and activities designed to strengthen and support 
        families to prevent 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 network of community-based, prevention-
        focused, family resource and support programs] 
        community-based and prevention-focused programs and 
        activities designed to strengthen and support families 
        to prevent 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, prevention-focused, family resource 
        and support programs] community-based and prevention-
        focused programs and activities designed to strengthen 
        and support families to prevent child abuse and 
        neglect.

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


SEC. 209. DEFINITIONS.

    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) or ``infant or toddler 
        with a disability'' in section 632(5) 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 required under this title, 
                including--
                          [(i) parent education, support and 
                        leadership services, together with 
                        services characterized by relationships 
                        between parents and professionals that 
                        are based on equality and respect, and 
                        designed to assist parents in acquiring 
                        parenting skills, learning about child 
                        development, and responding 
                        appropriately to the behavior of their 
                        children;
                          [(ii) services to facilitate the 
                        ability of parents to serve as 
                        resources to one another (such as 
                        through mutual support and parent self-
                        help groups);
                          [(iii) outreach services provided 
                        through voluntary home visits and other 
                        methods to assist parents in becoming 
                        aware of and able to participate in 
                        family resources and support program 
                        activities;
                          [(iv) community and social services 
                        to assist families in obtaining 
                        community resources; and
                          [(v) follow-up services;
                  [(B) provides, or arranges for the provision 
                of, other core services through contracts or 
                agreements with other local agencies, including 
                all forms of respite care services; and
                  [(C) provides access to optional services, 
                directly or by contract, purchase of service, 
                or interagency agreement, including--
                          [(i) child care, early childhood 
                        development and early intervention 
                        services;
                          [(ii) referral to self-sufficiency 
                        and life management skills training;
                          [(iii) referral to education 
                        services, such as scholastic tutoring, 
                        literacy training, and General 
                        Educational Degree services;
                          [(iv) referral to services providing 
                        job readiness skills;
                          [(v) child abuse and neglect 
                        prevention activities;
                          [(vi) referral to services that 
                        families with children with 
                        disabilities or special needs may 
                        require;
                          [(vii) community and social service 
                        referral, including early developmental 
                        screening of children;
                          [(viii) peer counseling;
                          [(ix) referral for substance abuse 
                        counseling and treatment; and
                          [(x) help line services.]
          [(4) Outreach services.--The term ``outreach 
        services'' means services provided to assist consumers, 
        through voluntary home visits or other methods, in 
        accessing and participating in family resource and 
        support program activities.]
          (3) Community-based and prevention-focused programs 
        and activities to prevent child abuse and neglect.--The 
        term ``community-based and prevention-focused programs 
        and activities designed to strengthen and support 
        families to prevent child abuse and neglect'' includes 
        organizations such as family resource programs, family 
        support programs, voluntary home visiting programs, 
        respite care programs, parenting education, mutual 
        support programs, and other community programs or 
        networks of such programs that provide activities that 
        are designed to prevent or respond to child abuse and 
        neglect.

           *       *       *       *       *       *       *


[SEC. 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. 210. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title $80,000,000 for fiscal year 2004 and such sums as may be 
necessary for each of the fiscal years 2005 through 2008.

           *       *       *       *       *       *       *


  CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978

                    TITLE II--ADOPTION OPPORTUNITIES

SEC. 201. 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 children as of June 1994;]
          [(2) increasingly children entering foster care have 
        complex problems which require intensive services;
          [(3) an increasing number of infants are born to 
        mothers who did not receive prenatal care, are born 
        addicted to alcohol and other drugs, and exposed to 
        infection with the etiologic agent for the human 
        immunodeficiency virus, are medically fragile, and 
        technology dependent;
          [(4) the welfare of thousands of children in 
        institutions and foster homes and disabled infants with 
        life-threatening conditions may be in serious jeopardy 
        and some such children are in need of placement in 
        permanent, adoptive homes;]
          (1) the number of children in substitute care has 
        increased by nearly 24 percent since 1994, as our 
        Nation's foster care population included more than 
        565,000 as of September of 2001;
          (2) children entering foster care have complex 
        problems that require intensive services, with many 
        such children having special needs because they are 
        born to mothers who did not receive prenatal care, are 
        born with life threatening conditions or disabilities, 
        are born addicted to alcohol or other drugs, or have 
        been exposed to infection with the etiologic agent for 
        the human immunodeficiency virus;
          (3) each year, thousands of children are in need of 
        placement in permanent, adoptive homes;
          [(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)(A) currently, 40,000 children are free for 
        adoption and awaiting placement;]
          [(7)](5)(A) currently, there are 131,000 children 
        waiting for adoption;

           *       *       *       *       *       *       *

          [(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 to facilitate 
the elimination of barriers including geographic 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) *  *  *
          (2) maintain [a national] an Internet-based national 
        adoption information exchange system to bring together 
        children who would benefit from adoption and qualified 
        prospective adoptive parents who are seeking such 
        children, and conduct national recruitment efforts in 
        order to reach prospective parents for children 
        awaiting adoption; and
          (3) demonstrate expeditious ways to free children for 
        adoption for whom it has been determined that adoption 
        is the appropriate plan. an Internet-based national

           *       *       *       *       *       *       *


                       [INFORMATION AND SERVICES]

SEC. 203. INFORMATION AND SERVICES.

    [Sec. 203. (a) The Secretary] (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. 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, the Secretary shall--
          (1) conduct (directly or by grant to or contract with 
        public or private [nonprofit] agencies or 
        organizations) an education and training program on 
        adoption, and prepare, publish, and disseminate 
        (directly or by grant to or contract with public or 
        private [nonprofit] agencies and organizations) to all 
        interested parties, public and private agencies and 
        organizations (including, but not limited to, 
        hospitals, health care and family planning clinics, and 
        social services agencies), and governmental bodies, 
        information and education and training materials 
        regarding adoption and adoption assistance programs;
          (2) conduct, directly or by grant or contract with 
        public or private [nonprofit] organizations, ongoing, 
        extensive recruitment efforts on a national level, 
        develop national public awareness efforts to unite 
        children in need of adoption with appropriate adoptive 
        parents, and establish a coordinated referral system of 
        recruited families with appropriate State or regional 
        adoption resources to ensure that families are served 
        in a timely fashion;
          (3) notwithstanding any other provision of law, 
        provide (directly or by grant to or contract with 
        public or private [nonprofit] agencies or 
        organizations) for (A) the operation of a national 
        adoption information exchange system (including only 
        such information as is necessary to facilitate the 
        adoptive placement of children, utilizing computers and 
        data processing methods to assist in the location of 
        children who would benefit by adoption and in the 
        placement in adoptive homes of children awaiting 
        adoption); and (B) the coordination of such system with 
        similar State and regional systems;
          (4) provide (directly or by grant to or contract with 
        public or private [nonprofit] agencies or 
        organizations, including adoptive family groups and 
        minority groups) for the provision of technical 
        assistance in the planning, improving, developing, and 
        carrying out of programs and activities relating to 
        adoption, and to promote professional leadership 
        training of minorities in the adoption field;
          (5) encourage involvement of corporations and small 
        businesses in supporting adoption as a positive family-
        strengthening option, including the establishment of 
        adoption benefit programs for employees who adopt 
        children;
          (6) [study the nature, scope, and effects of] support 
        the placement of children in kinship care arrangements, 
        pre-adoptive, or adoptive homes;
          (7) study the efficacy of States contracting with 
        public or private [nonprofit] agencies (including 
        community-based and other organizations), or sectarian 
        institutions for the recruitment of potential adoptive 
        and foster families and to provide assistance in the 
        placement of children for adoption;
          (8) consult with other appropriate Federal 
        departments and agencies in order to promote maximum 
        coordination of the services and benefits provided 
        under programs carried out by such departments and 
        agencies with those carried out by the Secretary, and 
        provide for the coordination of such aspects of all 
        programs within the Department of Health and Human 
        Services relating to adoption;
          (9) maintain (directly or by grant to or contract 
        with public or private [nonprofit] agencies or 
        organizations) a National Resource Center for Special 
        Needs Adoption to--
                  (A) promote professional leadership 
                development of minorities in the adoption 
                field;
                  (B) provide training and technical assistance 
                to service providers and State agencies to 
                improve professional competency in the field of 
                adoption and the adoption of children with 
                special needs; and
                  (C) facilitate the development of 
                interdisciplinary approaches to meet the needs 
                of children who are waiting for adoption and 
                the needs of adoptive families; [and]
          (10) 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 and community-based 
        organizations with experience in working with minority 
        populations) for the provision of programs aimed at 
        increasing the number of minority children (who are in 
        foster care and have the goal of adoption) placed in 
        adoptive families, with a special emphasis on 
        recruitment of minority families--
                  (A) which may include such activities as--
                          (i) * * *

           *       *       *       *       *       *       *

                          (vi) * * *
                                  (I) * * *
                                  (II) private [nonprofit] 
                                child welfare and adoption 
                                agencies that are licensed by 
                                the State; and

           *       *       *       *       *       *       *

                  (B) shall be subject to the condition that 
                such grants or contracts may be renewed if 
                documentation is provided to the Secretary 
                demonstrating that appropriate and sufficient 
                placements of such children have occurred 
                during the previous funding period[.]; and
          (11) provide (directly or by grant to or contract 
        with States, local government entities, or public or 
        private licensed child welfare or adoption agencies) 
        for the implementation of programs that are intended to 
        increase the number of older children (who are in 
        foster care and with the goal of adoption) placed in 
        adoptive families, with a special emphasis on child-
        specific recruitment strategies, including--
                  (A) outreach, public education, or media 
                campaigns to inform the public of the needs and 
                numbers of older youth available for adoption;
                  (B) training of personnel in the special 
                needs of older youth and the successful 
                strategies of child-focused, child-specific 
                recruitment efforts; and
                  (C) recruitment of prospective families for 
                such children.
    [(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 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 
        application 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.
    (e) Elimination of Barriers to Adoptions Across 
Jurisdictional Boundaries.--
          (1) In general.--The Secretary shall award grants to, 
        or enter into contracts with, States, local government 
        entities, public or private child welfare or adoption 
        agencies, adoption exchanges, or adoption family groups 
        to carry out initiatives to improve efforts to 
        eliminate barriers to placing children for adoption 
        across jurisdictional boundaries.
          (2) Services to supplement not supplant.--Services 
        provided under grants made under this subsection shall 
        supplement, not supplant, services provided using any 
        other funds made available for the same general 
        purposes including--
                  (A) developing a uniform homestudy standard 
                and protocol for acceptance of homestudies 
                between States and jurisdictions;
                  (B) developing models of financing cross-
                jurisdictional placements;
                  (C) expanding the capacity of all adoption 
                exchanges to serve increasing numbers of 
                children;
                  (D) developing training materials and 
                training social workers on preparing and moving 
                children across State lines; and
                  (E) developing and supporting initiative 
                models for networking among agencies, adoption 
                exchanges, and parent support groups across 
                jurisdictional boundaries.

           *       *       *       *       *       *       *


                STUDY OF UNLICENSED ADOPTION PLACEMENTS

    Sec. 204. [The] (a) In General.--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] of 
the Keeping Children and Families Safe Act of 2003 designed [to 
determine the nature], to determine--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.]
          (1) the nature
          (2) how interstate placements are being financed 
        across State lines;
          (3) recommendations on best practice models for both 
        interstate and intrastate adoptions; and
          (4) how State policies in defining special needs 
        children differentiate or group similar categories of 
        children.
    (b) Dynamics of Successful Adoption.--The Secretary shall 
conduct research (directly or by grant to, or contract with, 
public or private nonprofit research agencies or organizations) 
about adoption outcomes and the factors affecting those 
outcomes. The Secretary shall submit a report containing the 
results of such research to the appropriate committees of the 
Congress not later than the date that is 36 months after the 
date of the enactment of the Keeping Children and Families Safe 
Act of 2003.
    (c) Interjurisdictional Adoption.--Not later than 1 year 
after the date of the enactment of the Keeping Children and 
Families Safe Act of 2003, the Secretary, in consultation with 
the Comptroller General, shall submit to the appropriate 
committees of the Congress a report that contains 
recommendations for an action plan to facilitate the 
interjurisdictional adoption of foster children.

           *       *       *       *       *       *       *


                    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.] There are 
authorized to be appropriated $40,000,000 for fiscal year 2004 
and such sums as may be necessary for fiscal years 2005 through 
2008 to carry out programs and activities authorized under this 
subtitle.
    (b) 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.

           *       *       *       *       *       *       *


                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 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;]
          [(5)] (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 known as ``AIDS''), and those who have been 
        exposed to dangerous drugs;
          [(6) a particularly devastating developing 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;
          (8)] (5) [such infants and young children] infants 
        and young children who are abandoned in hospitals 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, 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, ease 
        management services, family support services, respite 
        and crisis intervention services, counseling services, 
        and group residential home services;
          [(10)] (7) 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 optional use of 
        all private resources, and Federal, State, and local 
        resources to establish and maintain such services.]
          (8) private, Federal, State, and local resources 
        should be coordinated to establish and maintain 
        services described in paragraph (7) and to ensure the 
        optional 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. 101. ESTABLISHMENT OF LOCAL PROJECTS.

    (a) In General.--The Secretary of Health and Human Services 
may make grants to public and nonprofit private entities for 
the purpose of developing, implementing, and operating projects 
to demonstrate methods--
          (1) * * *

           *       *       *       *       *       *       *

    [(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.

           *       *       *       *       *       *       *


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 a 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. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

    (a) Evaluations of Local Programs.--The Secretary shall, 
directly or through contracts with public and nonprofit private 
entities, provide for evaluations of projects carried out under 
section 101 and for the dissemination of information developed 
as a result of such projects.
    (b) Study and Report on Number of Abandoned Infants and 
Young Children.--
          (1) In general.--The Secretary shall conduct a study 
        for the purpose of determining--
                  (A) An estimate of the annual number of 
                infants and young children relinquished, 
                abandoned, or found deceased in the United 
                States and the number of such infants and young 
                children who are infants and young children 
                described in section 101(b);
                  (B) an estimate of the annual number of 
                infants and young children who are victims of 
                homicide;
                  (C) characteristics and demographics of 
                parents who have abandoned an infant within 1 
                year of the infant's birth; and
                  (D) an estimate of the annual costs incurred 
                by the Federal Government and by State and 
                local governments in providing housing and care 
                for abandoned infants and young children.
          (2) Deadline.--Not later than 36 months after the 
        date of enactment of the Keeping Children and Families 
        Safe Act of 2003, the Secretary shall complete the 
        study required under paragraph (1) and submit to 
        Congress a report describing the findings made as a 
        result of the study.
    (c) Evaluation.--The Secretary shall evaluate and report on 
effective methods of intervening before the abandonment of an 
infant or young child so as to prevent such abandonments, and 
effective methods for responding to the needs of abandoned 
infants and young children.

           *       *       *       *       *       *       *


[SEC. 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. 301. DEFINITIONS.

    For purposes of this Act.
          [(1) The term for acquired immune ``deficiency 
        syndrome'' includes infection with the etiologic agent 
        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.]

SEC. 301. DEFINITIONS.

    In this Act:
          (1) Abandoned; abandonment.--The terms ``abandoned'' 
        and ``abandonment'', used with respect to infants and 
        young children, mean that the infants and young 
        children are medically cleared for discharge from 
        acute-care hospital settings, but remain hospitalized 
        because of a lack of appropriate out-of-hospital 
        placement alternatives.
          (2) Acquired immune deficiency syndrome.--The term 
        ``acquired immune deficiency syndrome'' includes 
        infection with the etiologic agent for such syndrome, 
        any condition indicating that an individual is infected 
        with such etiologic agent, and any condition arising 
        from such etiologic agent.
          (3) Dangerous drug.--The term ``dangerous drug'' 
        means a controlled substance, as defined in section 102 
        of the Controlled Substances Act (21 U.S.C. 802).
          (4) Natural family.--The term ``natural family'' 
        shall be broadly interpreted to include natural 
        parents, grandparents, family members, guardians, 
        children residing in the household, and individuals 
        residing in the household on a continuing basis who are 
        in a care-giving situation, with respect to infants and 
        young children covered under this Act.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.

           *       *       *       *       *       *       *


SEC. [104] 302. 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).]
      (a) In General.--
          (1) Authorization.--For the purpose of carrying out 
        this Act, there are authorized to be appropriated 
        $45,000,000 for fiscal year 2004 and such sums as may 
        be necessary for fiscal years 2005 through 2008.
          (2) Limitation.--Not more than 5 percent of the 
        amounts appropriated under paragraph (1) for any fiscal 
        year may be obligated for carrying out section 102(a).
      [(b) Dissemination of Information for Individuals With 
Special Needs.--For the purpose of carrying out section 102b, 
there is authorized to be appropriated $5,000,000 for each of 
the fiscal years 1992 through 1995.]
      [(c)] (b) Administrative Expenses.--
          (1) Authorization.--For the purpose of the 
        administration of [this title] this Act 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 2003.
      [(d)] (c) Availability of Funds.--Amounts appropriated 
under this section shall remain available until expended.

           *       *       *       *       *       *       *


              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
          (2) provide for technical assistance and training 
        relating to family violence programs to States, local 
        public agencies (including law enforcement agencies, 
        courts, legal, social service, and health care 
        professionals), nonprofit private organizations, and 
        other persons seeking such assistance.

           *       *       *       *       *       *       *


                 STATE DEMONSTRATION GRANTS AUTHORIZED

    Sec. 303. (a)(1) In order to assist in supporting the 
establishment, maintenance, and expansion of programs and 
projects to prevent incidents of family violence and to provide 
immediate shelter and related assistance for victims of family 
violence and their dependents, the Secretary is authorized, in 
accordance with the provisions of this title, to make grants to 
States.
    (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) * * *
          (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;] underserved populations, as defined in 
        section 2007 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2);
          (D) * * *
          (E) * * *
          (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
          (G) * * *
    (3) * * *
    (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 purpose 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.
    (5) Upon completion of the activities funded by a grant 
under this title, the State shall submit to the Secretary a 
report that contains a description of the activities carried 
out under paragraph (2)(B)(i).

           *       *       *       *       *       *       *

    (c) For a fiscal year described in section 310(a)(2), the 
Secretary shall use funds made available under that section to 
make grants, on a competitive basis, to eligible entities for 
projects designed to address the needs of children who witness 
domestic violence, to--
          (1) provide direct services for children who witness 
        domestic violence;
          (2) provide for training for and collaboration among 
        child welfare agencies, domestic violence victim 
        service providers, courts, law enforcement, and other 
        entities; and
          (3) provide for multisystem interventions for 
        children who witness domestic violence.
    [(c)] (d) No funds provided through demonstration grants 
made under this section may be used as direct payment to any 
victim of family violence or to any dependent of such victim.
    [(d)] (e) No income eligibility standard may be imposed 
upon individuals with respect to eligibility for assistance or 
services supported with funds appropriated to carry out this 
title.
    [(e)] (f) No grant may be made under this section to any 
entity other than a State or an Indian Tribe unless the entity 
provides for the following non-Federal matching local share as 
a proportion of the total amount of funds provided under this 
title to the project involved: with respect to an entity 
operating an existing program under this title, not less than 
20 percent, and with respect to an entity intending to operate 
a new program under this title, not less than 35 percent. The 
local share required under this subsection may be in cash or 
in-kind. The local share may not include any Federal funds 
provided under any authority other than this title.
    [(f)] (g) The Secretary shall assure that not less than 70 
percent of the funds distributed under subsection (a) or (b) 
shall be distributed to entities for the purpose of providing 
immediate shelter and related assistance to victims of family 
violence and their dependents as defined in section [309(4)] 
320. Not less than 25 percent of the funds distributed under 
subsection (a) or (b) shall be distributed for the purpose of 
providing related assistance as defined under section 
[309(5)(A)] 320(5)(A).

           *       *       *       *       *       *       *


                      SECRETARIAL RESPONSIBILITIES

    Sec. 305. (a) The Secretary shall appoint [an employee] or 
more employees of the Department of Health and Human Services 
to carry out the provisions [of this title.] of this title, 
including carrying out evaluation and monitoring under this 
title. [The individual] Any individual appointed under this 
subsection shall, prior to such appointment, have had expertise 
in the field of family violence prevention and services.
    (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 2 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) Purpose and Grants.--* * *

           *       *       *       *       *       *       *

    [(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 
regulation.]

           *       *       *       *       *       *       *


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.--
          (1) Authorization.--There are authorized to be 
        appropriated to carry out sections 303 through 311, 
        $175,000,000 for each of fiscal years 2004 through 
        2008.
          (2) Projects to address needs of children who witness 
        domestic violence.--For a fiscal year in which the 
        amounts appropriated under paragraph (1) exceed 
        $150,000,000, the Secretary shall reserve and make 
        available 50 percent of the excess to carry out section 
        303(c).
    (b) Section 303 (a) and (b).--Of the amounts appropriated 
under subsection (a) for each fiscal year (and not reserved 
under subsection (a)(2)), not less than 70 percent shall be 
used for making grants under subsection 303(a), and not less 
than 10 percent shall be used for the purpose of carrying out 
section 303(b).
    (c) Section 308.--Of the amounts appropriated under 
subsection (a) for each fiscal year (and not reserved under 
subsection (a)(2)), 5 percent shall be used by the Secretary 
for making grants under section 308.
    (d) Grants for State Coalitions.--Of the amounts 
appropriated under subsection (a) for each fiscal year (and not 
reserved under subsection (a)(2)), not less than 10 percent of 
such amounts shall be used by the Secretary formaking grants 
under section 311.
    (e) Non-Supplanting Requirement.--Federal funds made 
available to a State under this shall be used to supplement and 
not supplant other Federal, State, and local public funds 
expended to provide services and activities that promote the 
purposes of this title.

           *       *       *       *       *       *       *


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) * * *

           *       *       *       *       *       *       *

                  (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) * * *

           *       *       *       *       *       *       *

                  (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.]
    (g) Funding.--Of the amount appropriated under section 
310(a) for a fiscal year (and not reserved under section 
310(a)(2)), not less than 10 percent of such amount shall be 
made available to award grants under this section.
    [(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.]

           *       *       *       *       *       *       *


               ADMINISTRATION AND STATUTORY CONSTRUCTION

    Sec. 312. (a) In order to carry out the provisions of this 
title, the Secretary is authorized to--* * *

           *       *       *       *       *       *       *

    (b) * * *
    (c) Of the amount appropriated under section 310(a) for 
each fiscal year (and not reserved under section 310(a)(2)), 
not more than 2.5 percent shall be used by the Secretary for 
evaluation, monitoring, and other administrative costs under 
this title.

           *       *       *       *       *       *       *

    [Sec. 313. The Secretary shall, directly or by grant or 
contract--
          [(1) develop data on the individual develop data \1\ 
        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;
          [(2) provide for the objective documentation of data 
        on the victims of family violence and their dependents 
        based on injuries that are brought to the attention of 
        domestic violence shelter, hospital, social service, or 
        law enforcement personnel, whether or not formal civil 
        or criminal action is taken; and
          [(3) provide assurances that procedures will be 
        developed to guarantee the confidentiality of records 
        pertaining to any individual for whom data are compiled 
        through this subsection.]

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

     (a) In General.-- * * *
    (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 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).
    (c) Annual Approval.-- * * *

           *       *       *       *       *       *       *

    [(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.
          [(2) Availability.--Funds authorized to be 
        appropriated under paragraph (1) shall remain available 
        until expended.]

           *       *       *       *       *       *       *


[SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

    [(a) General Purpose.--For purposes of this section, the 
Secretary may, in consultation with the Secretary of Education, 
select, implement and evaluate 4 model programs for education 
of young people about domestic violence and violence among 
intimate partners.
    [(b) Nature of Program.--The Secretary shall select, 
implement and evaluate separate model programs for 4 different 
audiences: primary schools, middle schools, secondary schools, 
and institutions of higher education. The model programs shall 
be selected, implemented, and evaluated in consultation with 
educational experts, legal and psychological experts on 
battering, and victim advocate organizations such as battered 
women's shelters, State coalitions and resource centers.
    [(c) Review and Dissemination.--Not later than 2 years 
after the date of enactment of this section, the Secretary 
shall transmit the design and evaluation of the model programs, 
along with a plan and cost estimate for nationwide 
distribution, to the relevant committees of Congress for 
review.
    [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $400,000 for 
fiscal year 1996.]

SEC. 317. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.

    (a) In General.--For a year in which the Secretary makes an 
amount available under subsection (g)(2), the Secretary shall 
award a grant to a nonprofit organization to establish and 
operate a highly secure Internet website (referred to in this 
section as the `website') that shall--
          (1) link, to the greatest extent possible, entities 
        consisting of the entity providing the national 
        domestic violence hotline, participating domestic 
        violence shelters in the United States, State and local 
        domestic violence agencies, and other domestic violence 
        organization, so that such entities will be able to 
        connect a victim of domestic violence to the most safe, 
        appropriate, and convenient domestic violence shelter; 
        and
          (2) contain, to the maximum extent practicable, 
        continuously updated information concerning the 
        availability of services and space in domestic 
        viiolence shelters across the United States.
    (b) Eligible Entities.--To be eligible to receive a grant 
under this section, a nonprofit organization shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require. The 
application shall--
          (1) demonstrate the experience of the applicant in 
        successfully developing and managing a technology-based 
        network of domestic violence shelters;
          (2) demonstrate a record of success of the applicant 
        in meeting the needs of domestic violence victims and 
        their families; and
          (3) include a certification that the applicant will--
                  (A) implement a high level security system to 
                ensure the confidentiality of the website;
                  (B) establish, within 5 years, a website that 
                links the entities described in subsection 
                (a)(1);
                  (C) consult with the entities described in 
                subsection (a)(1) in developing and 
                implementing the website and providing Internet 
                connections; and
                  (D) otherwise comply with the requirements of 
                this section.
    (c) Use of Grant Award.--The recipient of a grant award 
under this section shall--
          (1) collaborate with officials of the Department of 
        Health and Human Services in a manner determined to be 
        appropriate by the Secretary;
          (2) collaborate with the entity providing the 
        national domestic violence hotline in developing and 
        implementing the network;
          (3) ensure that the website is continuously updated 
        and highly secure;
          (4) ensure that the website provides information 
        describing the services of each domestic violence 
        shelter to which the website is linked, including 
        information for individuals with limited English 
        proficiency and information concerning access to 
        medical care, social services, transportation, services 
        for children, and other relevant services;
          (5) ensure that the website provides up-to-the-minute 
        information on available bed space in domestic violence 
        shelters across the United States, to the maximum 
        extent practicable;
          (6) provide training to the staff of the hotline and 
        to staff of the other entities described in subsection 
        (a)(1) regarding how to use the website to best meet 
        the needs of callers;
          (7) provide Internet access, and hardware in 
        necessary cases, to domestic violence shelters in the 
        United States that do not have the appropriate 
        technology for such access, to the maximum extent 
        practicable; and
          (8) ensure that after the third year of the website 
        project, the recipient will develop a plan to expand 
        the sources of funding for the website to include 
        funding from public and private entities, although 
        nothing in this paragraph shall preclude a grant 
        recipient under this section from raising funds from 
        other sources at any time during the 5-year grant 
        period.
    (d) Rule of Construction.--Nothing in this Act shall be 
construed to require any shelter or service provider, whether 
public or private, to be linked to the website or to provide 
information to the recipient of the grant award or to the 
website.
    (e) Duration of Grant.--The term of a grant awarded under 
this section shall be 5 years.
    (f) Technical Assistance and Oversight.--The Secretary 
shall--
          (1) provide technical assistance, if requested, on 
        developing and managing the website; and
           (2) have access to, and monitor, the website.
    (g) Authorization of Appropriations.--
           (1) In general.--There are authorized to be 
        appropriated to carry out section 316 and this section, 
        $5,000,000 for fiscal year 2004 and such sums as may be 
        necessary for each of fiscal years 2005 through 2008.
           (2) Conditions on appropriations.--Notwithstanding 
        paragraph (1), the Secretary shall make available a 
        portion of the amounts appropriated under paragraph (1) 
        to carry out this section only for any fiscal year for 
        which the amounts appropriated under paragraph (1) 
        exceed $3,000,000.
          (3) Administrative costs.--Of the amount made 
        available to carry out this section for a fiscal year 
        the Secretary may not use more than 2 percent for 
        administrative costs associated with the grant program 
        carried out under this section, of which not more than 
        5 percent shall be used to assist the entity providing 
        the national domestic violence hotline to participate 
        in the establishment of the website.
          (4) Availability.--Funds appropriated under paragraph 
        (1) shall remain available until expended.

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SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    [(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.]
    (h) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $6,000,000 for 
each of fiscal years 2004 through 2008.
    [(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.]

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SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $25,000,000 for 
[fiscal year 2001] each of fiscal years 2004 through 2008.

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. [309] 320. As used in this title:

                                
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