[Senate Report 115-432]
[From the U.S. Government Publishing Office]


115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-432

======================================================================
 
         VICTIMS OF CHILD ABUSE ACT REAUTHORIZATION ACT OF 2018

                                _______
                                

               December 12, 2018.--Ordered to be printed

                                _______
                                

            Mr. Grassley, from the Committee on Judiciary, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2961]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 2961) to reauthorize subtitle A of the Victims of 
Child Abuse Act of 1990, having considered the same, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Victims of Child Abuse Act 
     Reauthorization Act of 2018......................................1
 II. History of the Bill and Committee Consideration..................3
III. Section-by-Section Summary of the Bill...........................4
 IV. Congressional Budget Office Cost Estimate........................5
  V. Regulatory Impact Evaluation.....................................6
 VI. Conclusion.......................................................6
VII. Changes to Existing Law Made by the Bill, as Reported............6

      I. Background and Purpose of the Victims of Child Abuse Act 
                      Reauthorization Act of 2018


                             A. BACKGROUND

    ``[T]he interest [of] safeguarding the physical and 
psychological well-being of a minor . . . is a compelling 
one.'' Packingham v. North Carolina, 137 S. Ct. 1730, 1739 
(2017) (quoting Globe Newspaper Co. v. Superior Court, County 
of Norfolk, 457 U.S. 596, 607 (1982) (alterations in 
original)). Prior to 1990, child victims of sexual abuse, 
physical abuse, or neglect were required to undergo a difficult 
disclosure and investigation process. The discovery of an 
allegation of child abuse or neglect led to a series of 
interviews that might involve medical professionals, child 
protective service, law enforcement, and criminal justice 
personnel. Each such interview required a victim to relive the 
pain and trauma of the abuse again.
    In 1990, Congress passed the Victims of Child Abuse Act of 
1990. This legislation authorized medical, health, and legal 
professionals to work as a team to respond to the significant 
medical, emotional, and legal needs of child abuse victims. It 
prompted the development of Children's Advocacy Centers, or 
CACs--a multidisciplinary model composed of law enforcement, 
prosecutors, medical and mental health professionals, and 
counselors. When the authorities uncover an allegation of 
sexual abuse, neglect, drug endangerment, or violence involving 
a child, they jointly interview the victim, to assess the 
extent of physical and emotional harm to the child and evaluate 
evidence for possible criminal prosecution.
    The Children's Advocacy Center model provides a safe, 
comfortable environment within which to conduct a forensic 
interview. This interview is conducted by a trained 
professional and recorded, allowing law enforcement, 
prosecutors, and mental/medical professionals to evaluate the 
victim (in person or later on video) for various contingencies 
(e.g., counseling, participation in criminal prosecution) 
without repetitive interviews. This one-time interview process 
results in less stress for the child victim, a higher 
cooperation rate for criminal prosecutions, and a greater 
likelihood that a victim will receive medical care and mental 
health referrals. The use of the CAC model also results in a 
greater conviction rate for cases that are prosecuted in a 
criminal court.
    In 2017, CACs throughout the United States served 
approximately 334,626 children, involving approximately 263,985 
alleged offenders. This number is a significant increase from 
2000, when the number of children served was approximately 
100,539. Forty percent of the children served by CACs are 
younger than six-years old.

                               B. PURPOSE

    This bill will reauthorize the Victims of Child Abuse Act 
of 1990 for five years, at $25 million per year. Congress 
unanimously reauthorized this program in 2014. The current 
funding level for the Victims of Child Abuse Act is $21 
million. This is the only Federal program solely dedicated to 
Children's Advocacy Centers.
    This legislation will also update language of the statute 
to reflect the latest research and trends, and better reflect 
the relationship between and among CACs. Specifically, language 
is included to allow State chapters of CACs to assist local 
communities in coordinating efforts, including oversight and 
technical assistance. This legislation will ensure that grants 
to local CACs allow for a portion of the grants to be 
distributed to State chapters, to allow them to provide 
technical assistance, training, coordination, and oversight. 
Oversight and assistance of CACs by State chapters is 
complemented by authorizing the Department of Justice's 
Director of the Office of Victims of Crime to collaborate with 
State chapters, to provide oversight and technical assistance 
to local CACs as well as communities that want to develop a 
local CAC.
    This bill will also provide protections for people who in 
good faith report suspected child abuse, including 
professionals who are called upon to consult in a child abuse 
case, or provide a medical diagnosis. Under current law, 
individuals who report suspected child abuse in good faith are 
protected from lawsuits. However, it is unclear whether such 
protection also extends to secondary reporters, such as 
professionals who consult on a child abuse case. For example, a 
pediatrician may be asked for their opinion by a colleague 
regarding a child's injury resulting from possible neglect or 
abuse. Providing this opinion is not currently protected in the 
same way as primary reporters of child abuse, and some 
pediatricians are now being sued in civil court for assisting 
in abuse cases. The lack of protection may deter pediatricians 
from assisting with child abuse cases.
    S. 2961 provides a national immunity provision to extend 
both civil and criminal protection for reporters of child 
abuse. It also clarifies that liability protections for 
reporters of child abuse extend to secondary reporters (those 
consulted on cases but not directly making the report of child 
abuse), under the Child Abuse Prevention and Treatment Act 
(CAPTA), or the Federal statute with which States must comply 
to receive child abuse prevention funding. Under current law, 
this protection already exists when reports and assistance with 
abuse cases happen on Federal land or Federal facilities.
    A 2013 report by the Department of Health and Human 
Services, entitled Report to Congress on the Immunity from 
Prosecution for Professional Consultation in Suspected and 
Known Instances of Child Abuse and Neglect, made the following 
points:
          (1) 19% of the medical professionals surveyed for the 
        report indicated concern about being the subject of a 
        lawsuit as the reason they had declined to assist in a 
        child abuse investigation in the previous year.
          (2) There is a critical need for legal protection to 
        allow professionals to work on child maltreatment cases 
        without fear of being sued for providing assistance to 
        vulnerable children.
          (3) Current law focuses on providing liability 
        protection for the individual ``making'' the report, 
        rather than including others who are also involved in 
        the report.
          (4) Physicians, teachers, police, and others often go 
        beyond merely filing a report of suspected abuse or 
        neglect. Their follow-up with child protective services 
        (CPS) and other agencies involved in a child abuse or 
        neglect case is vital and unfortunately does place such 
        professionals at potential risk of civil liability 
        that, regardless of outcome, can impose significant 
        costs on such individuals.

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    On May 24, 2018, Senator Roy Blunt introduced the Victims 
of Child Abuse Act Reauthorization Act of 2018 (S. 2961). 
Senators Coons, Young, Klobuchar, Capito, Hirono, Burr, Casey, 
Rounds, Fischer and Durbin were original cosponsors. Senators 
Wicker, Hyde-Smith, Cornyn, Jones, Grassley, Tillis, Heller, 
Hassan, Blumenthal, Peters, and Schatz later joined as 
cosponsors of the legislation. The bill was referred to the 
Committee on the Judiciary.

                       B. COMMITTEE CONSIDERATION

    On August 27, 2018, the Committee held a briefing for 
committee staff about this legislation. Denise Edwards from the 
National Children's Alliance, and Randy Williams from the 
Children's Advocacy Center of Delaware presented information 
and fielded questions on the proposed legislation.
    On September 18, 2018, the Committee voted to report the 
Victims of Child Abuse Reauthorization Act Reauthorization Act 
of 2018, S. 2961, with an amendment in the nature of a 
substitute, favorably to the Senate by voice vote.

              III. Section-by-Section Summary of the Bill


Section 1. Short title

    Provides that the legislation may be cited as the ``Victims 
of Child Abuse Act Reauthorization Act of 2018''

Section 2. Reauthorization

    Updates findings in 34 U.S.C. Sec. 20301 to reflect the 
latest criminal justice trends and research, by adding 
references to the need for State chapters of children's 
advocacy centers to assist local communities in coordinating 
responses, and providing oversight, training, and technical 
assistance in delivery of evidence-informed programming.
    Recognizes the need to train law enforcement officers, 
child protective service workers, forensic interviewers, 
prosecutors, and victim advocates in the multidisciplinary 
Child Advocacy Center evidence-based methodology.
    Clarifies the nature of children's advocacy programs, to 
allow collaboration with State chapters to provide training, 
technical assistance, coordination, and oversight to local 
Child Advocacy Centers, and communities looking to develop a 
Child Advocacy Center program. Also provides clarification that 
regional children's advocacy centers are to promote effective 
delivery of the evidence-informed Children's Advocacy Model and 
services.
    Revises selection process to ensure applicants are selected 
from a broader geographic area.
    Requires the Attorney General to annually report to the 
Senate and House Judiciary Committees, summarizing the efforts 
to monitor and evaluate the activities of the regional 
children's advocacy centers; and how those monies are 
allocated, including whether both rural and urban populations 
are being adequately served by the regional children's advocacy 
centers.

Section 3. Immunity protections for reporters of child abuse

    Provides immunity from civil or criminal liability under 
Federal, State and local laws for individuals making good faith 
reports of suspected or known instances of child abuse or 
neglect, or who provide information or assistance (including 
medical evaluations or consultations) in connection with a 
report, investigation, or legal intervention pursuant to a good 
faith report of child abuse or neglect.
    Provides a good faith defense in any Federal civil or 
criminal litigation for a report of child abuse or suspected 
child abuse. Also provides a presumption that a reporter is 
acting in good faith when making a report of abuse or suspected 
child abuse.
    Allows a prevailing party defendant in a Federal civil 
action to receive an award of costs and reasonable attorney's 
fees.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S.2961, 
the following estimate and comparison prepared by the Director 
of the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 27, 2018.
Hon. Chuck Grassley,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2961, the Victims of 
Child Abuse Act Reauthorization Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 2961--Victims of Child Abuse Act Reauthorization Act of 2018

    S. 2961 would authorize the appropriation of $25 million 
annually over the 2019-2023 period mostly for Department of 
Justice programs to prevent child abuse and assist victims of 
such crimes. CBO assumes that the bill will be enacted near the 
beginning of fiscal year 2019 and that the specified amounts 
will be appropriated each year. Based on historical spending 
patterns, CBO estimates that implementing S. 2961 would cost 
$75 million over the 2019-2023 period, as shown in the 
following table.

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2019    2020    2021    2022    2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level..........................................      25      25      25      25      25        125
Estimated Outlays............................................       3      10      16      21      25         75
----------------------------------------------------------------------------------------------------------------

    The Congress appropriated $21 million for fiscal year 2018 
for the programs authorized by the bill. The costs of the 
legislation fall within budget function 750 (administration of 
justice).
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2961 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 2961 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA).
    S. 2961 would provide liability protections for individuals 
who make good faith reports of child abuse or neglect. The bill 
would thus impose a private-sector mandate as defined in UMRA 
by preventing other entities from bringing liability claims 
under federal law against those individuals. CBO has no basis 
to estimate the number of possible lawsuits or related awards 
that would be precluded by the bill and cannot predict the 
amount of potential foregone damages. Therefore, CBO cannot 
determine whether the cost of the mandate would exceed the 
annual threshold established in UMRA for private-sector 
mandates ($160 million in 2018, adjusted annually for 
inflation).
    The CBO staff contacts are Mark Grabowicz (for federal 
costs) and Andrew Laughlin (for mandates). The estimate was 
reviewed by H. Samuel Papenfuss, Deputy Assistant Director for 
Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 2961.

                             VI. Conclusion

    The Victims of Child Abuse Act Reauthorization Act of 2018, 
S. 2961, provides critical funding authorization and programs 
for Child Advocacy Centers. Passage of this legislation will 
ensure that the work of helping children victimized by sexual 
abuse and neglect, through the use of evidence-based 
procedures, is not interrupted.

       VII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2961, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

TITLE 34--CRIME CONTROL AND LAW ENFORCEMENT

           *       *       *       *       *       *       *


CHAPTER 203--VICTIMS OF CHILD ABUSE

           *       *       *       *       *       *       *



 Subchapter 1--Improving Investigation and Prosecution of Child Abuse 
Cases

           *       *       *       *       *       *       *



Sec. 20301. Findings

    The Congress finds that--
          (1) over [2,000,000] 3,300,000 reports of suspected 
        child abuse and neglect are made each year, and drug 
        abuse is associated with a significant portion of 
        these;
          (2) the investigation and prosecution of child abuse 
        cases is extremely complex, involving numerous agencies 
        and dozens of personnel;
          (3) traditionally, community agencies and 
        professionals have different roles in the prevention, 
        investigation, and intervention process;
          (4) in such cases, too often the system does not pay 
        sufficient attention to the needs and welfare of the 
        child victim, aggravating the trauma that the child 
        victim has already experienced;
          (5) there is a national need to enhance coordination 
        among community agencies and professionals involved in 
        the intervention system;
          (6) multidisciplinary child abuse investigation and 
        prosecution programs have been developed that increase 
        the reporting of child abuse cases, reduce the trauma 
        to the child victim, improve positive outcomes for the 
        child, and increase the successful prosecution of child 
        abuse offenders[; and];
          (7) such programs have proven effective, and with 
        targeted Federal assistance, [could be duplicated in 
        many jurisdictions throughout the country.]have 
        expanded dramatically throughout the United States; and
          (8) State chapters of children's advocacy center 
        networks are needed to--
                  (A) assist local communities in coordinating 
                their multidisciplinary child abuse 
                investigation, prosecution, and intervention 
                services; and
                  (B) provide oversight of, and training and 
                technical assistance in, the effective delivery 
                of evidence-informed programming.

Sec. 20302. Definitions

    For purposes of this subtitle--
          (1) the term ``Administrator'' means the agency head 
        designated under section 201(b) of the Juvenile Justice 
        and Delinquency Prevention Act of 1974 [(42 U.S.C. 
        5611(b)](34 U.S.C. 11111(b));
          (2) the term ``applicant'' means a child protective 
        service, law enforcement, legal, medical and mental 
        health agency or other agency that responds to child 
        abuse cases;
          [(3) the term ``board'' means the Children's Advocacy 
        Advisory Board established under section 213(e);]
          (3)[(4)] the term ``census region'' means 1 of the 4 
        census regions (northeast, south, midwest, and west) 
        that are designated as census regions by the Bureau of 
        the Census as of the date of enactment of this section 
        [enacted Nov. 4, 1992];
          (4)[(5)] the term ``child abuse'' means physical or 
        sexual abuse or neglect of a child, including human 
        trafficking and the production of child pornography;
          [(6) the term ``Director'' means the Director of the 
        National Center on Child Abuse and Neglect;]
          (5)[(7)] the term ``multidisciplinary response to 
        child abuse'' means a response to child abuse that is 
        based on mutually agreed upon procedures among the 
        community agencies and professionals involved in the 
        intervention, prevention, prosecution, and 
        investigation systems that best meets the needs of 
        child victims and their nonoffending family members;
          (6)[(8)] the term ``nonoffending family member'' 
        means a member of the family of a victim of child abuse 
        other than a member who has been convicted or accused 
        of committing an act of child abuse; [and]
          (7)[(9)] the term ``regional children's advocacy 
        program'' means the children's advocacy program 
        established under section 213(a)[.]; and
          (8) the term `State chapter' means a membership 
        organization that provides technical assistance, 
        training, coordination, grant administration, 
        oversight, and support to local children's advocacy 
        centers, multidisciplinary teams, and communities 
        working to implement a multidisciplinary response to 
        child abuse in the provision of evidence-informed 
        initiatives, including mental health counseling, 
        forensic interviewing, multidisciplinary team 
        coordination, and victim advocacy.

Sec. 20303. Regional Children's Advocacy Centers

    (a) Establishment of Regional Children's Advocacy 
Program.--The Administrator, in coordination [with the Director 
and] with the Director of the Office of Victims of Crime, shall 
establish a children's advocacy program to--
          (1) focus attention on child victims by assisting 
        communities in developing child-focused, community-
        oriented, facility-based programs designed to improve 
        the resources available to children and families;
          [(2) provide support for nonoffending family 
        members;]
          (2)[(3)] enhance coordination among community 
        agencies and professionals involved in the 
        intervention, prevention, prosecution, and 
        investigation systems that respond to child abuse 
        cases; [and]
          (3)[(4)] train physicians and other health care and 
        mental health care professionals, law enforcement 
        officers, child protective service workers, forensic 
        interviewers, prosecutors, and victim advocates, in the 
        multidisciplinary approach to child abuse so that 
        trained [medical] personnel will be available to 
        provide [medical] support to community agencies and 
        professionals involved in the intervention, prevention, 
        prosecution, and investigation systems that respond to 
        child abuse cases[.]and
          (4) collaborate with State chapters to provide 
        training, technical assistance, coordination, and 
        oversight to--
                  (A) local children's advocacy centers; and
                  (B) communities that want to develop local 
                children's advocacy centers.'
    (b) Activities of the Regional Children's Advocacy 
Program.--
          (1) Administrator.--The Administrator, [in 
        coordination with the Director,] shall--
                  (A) establish regional children's advocacy 
                program centers; and
                  (B) fund existing regional centers with 
                expertise in [the prevention, judicial 
                handling, and treatment of child abuse and 
                neglect; and]multidisciplinary team 
                investigation, trauma-informed interventions, 
                and evidence-informed treatment,
                  [(C) fund the establishment of freestanding 
                facilities in multidisciplinary programs within 
                communities that have yet to establish such 
                facilities, for the purpose of enabling grant 
                recipients to provide information, services, 
                and technical assistance to aid communities in 
                establishing multidisciplinary programs that 
                respond to child abuse.]
          (2) Grant recipients.--A grant recipient under this 
        section shall--
                  (A) assist [communities]communities, local 
                children's advocacy centers, multidisciplinary 
                teams, and State chapters--
                          (i) in developing and expanding a 
                        comprehensive, multidisciplinary 
                        response to child abuse that is 
                        designed to meet the needs of child 
                        victims and their families;
                          (ii) in promoting the effective 
                        delivery of the evidence-informed 
                        Children's Advocacy Model and the 
                        multidisciplinary response to child 
                        abuse, including best practices in--
                                  (I) organizational support 
                                and development;
                                  (II) programmatic evaluation; 
                                and
                                  (III) financial oversight of 
                                Federal funding;
                          (iii)[(ii)] in establishing [a 
                        freestanding facility where interviews 
                        of and services for abused children can 
                        be provided]child-friendly facilities 
                        for the investigation of, assessment 
                        of, and intervention in abuse;
                          (iv)[(iii)] in preventing or reducing 
                        trauma to children caused by 
                        [multiple]duplicative contacts with 
                        community professionals;
                          (v)[(iv)] in providing families with 
                        needed services and assisting them in 
                        regaining maximum functioning;
                          (vi)[(v)] in maintaining open 
                        communication and case coordination 
                        among community professionals and 
                        agencies involved in child protection 
                        efforts;
                          (vii)[(vi)] in coordinating and 
                        tracking investigative, preventive, 
                        prosecutorial, and treatment efforts;
                          (viii)[(vii)] in obtaining 
                        information useful for criminal and 
                        civil proceedings;
                          (ix)[(viii)] in holding offenders 
                        accountable through improved 
                        prosecution of child abuse cases;
                          (x)[(ix)] in enhancing professional 
                        skills necessary to effectively respond 
                        to cases of child abuse through 
                        training; and
                          (xi)[(x)] in enhancing community 
                        understanding of child abuse; and
                  (B) provide training and technical assistance 
                to local children's advocacy centers and 
                interested communities in its census region 
                that are grant recipients under section 214.
    (c) Operation of the Regional Children's Advocacy 
Program.--
          (1) Solicitation of proposals.--Not later than 1 year 
        after the date of enactment of this section [enacted 
        Nov. 4, 1992], the Administrator shall solicit 
        proposals for assistance under this section.
          (2) Minimum qualifications.--In order for a proposal 
        to be selected, the Administrator may require an 
        applicant to have in existence, at the time the 
        proposal is submitted, 1 or more of the following:
                  (A) A proven record in conducting activities 
                of the kinds described in subsection (c).
                  (B) A facility where children who are victims 
                of sexual or physical abuse and their 
                nonoffending family members can go for the 
                purpose of evaluation, intervention, evidence 
                gathering, and counseling.
                  (C) Multidisciplinary staff experienced in 
                providing [remedial counseling to]evidence-
                informed services for children and families.
                  (D) Experience in serving as a center for 
                training and education and as a resource 
                facility.
                  (E) National expertise in providing technical 
                assistance to communities with respect to the 
                judicial handling of child abuse and neglect.
          (3) Proposal requirements.--
                  (A) In general.--A proposal submitted in 
                response to the solicitation under paragraph 
                (1) shall--
                          (i) include a single or multiyear 
                        management plan that outlines how the 
                        applicant will provide information, 
                        services, and technical assistance to 
                        communities so that communities can 
                        establish multidisciplinary programs 
                        that respond to child abuse;
                          (ii) demonstrate the ability of the 
                        applicant to operate successfully a 
                        [multidisciplinary child abuse program] 
                        children's advocacy center or provide 
                        training to allow others to do so; and
                          (iii) state the annual cost of the 
                        proposal and a breakdown of those 
                        costs.
                  (B) Content of management plan.--A management 
                plan described in paragraph (3)(A) shall--
                          (i) outline the basic activities 
                        expected to be performed;
                          (ii) describe the entities that will 
                        conduct the basic activities;
                          (iii) establish the period of time 
                        over which the basic activities will 
                        take place; and
                          (iv) define the overall program 
                        management and direction by--
                                  (I) identifying managerial, 
                                organizational, and 
                                administrative procedures and 
                                responsibilities;
                                  (II) demonstrating how 
                                implementation and monitoring 
                                of the progress of the 
                                children's advocacy program 
                                after receipt of funding will 
                                be achieved; and
                                  (III) providing sufficient 
                                rationale to support the costs 
                                of the plan.
          (4) Selection of proposals.--
                  (A) Competitive basis.--Proposals shall be 
                selected under this section on a competitive 
                basis.
                  (B) Criteria.--The Administrator[, in 
                coordination with the Director,] shall select 
                proposals for funding that--
                          (i) best result in developing and 
                        establishing multidisciplinary programs 
                        that respond to child abuse by 
                        assisting, training, and teaching 
                        community agencies and professionals 
                        called upon to respond to child abuse 
                        cases;
                          (ii) assist in resolving problems 
                        that may occur during the development, 
                        operation, and implementation of a 
                        multidisciplinary program that responds 
                        to child abuse;
                          [(iii) carry out the objectives 
                        developed by the board under subsection 
                        (e)(2)(A);]
                          (iii)[(iv)] to the greatest extent 
                        possible and subject to available 
                        appropriations, ensure that at least 1 
                        applicant is selected from each of the 
                        4 census regions of the country; and
                          (iv)[(v)] otherwise best carry out 
                        the purposes of this section.
          (5) Funding of program.--From amounts made available 
        in separate appropriation Acts, the Administrator shall 
        provide to each grant recipient the financial and 
        technical assistance and other incentives that are 
        necessary and appropriate to carry out this section.
          (6) Coordination of effort.--In order to carry out 
        activities that are in the best interests of abused and 
        neglected children, a grant recipient shall consult 
        with other grant recipients on a regular basis to 
        exchange ideas, share information, and review 
        children's advocacy program activities.
    (d) Review.--
          (1) Evaluation of regional children's advocacy 
        program activities.--The Administrator[, in 
        coordination with the Director,] shall regularly 
        monitor and evaluate the activities of grant recipients 
        and shall determine whether each grant recipient has 
        complied with the original proposal and any 
        modifications.
          (2) Annual report.--A grant recipient shall provide 
        an annual report to the Administrator [and the Director 
        ]that--
                  (A) describes the progress made in satisfying 
                the purpose of the children's advocacy program; 
                and
                  (B) states whether changes are needed and are 
                being made to carry out the purpose of the 
                children's advocacy program.
          (3) [Discontinuation of funding.--
                  [(A) Failure to implement program 
                activities.--If a grant recipient under this 
                section substantially fails in the 
                implementation of the program activities, the 
                Administrator shall not discontinue funding 
                until reasonable notice and an opportunity for 
                reconsideration is given.
                  [(B) Solicitation of new proposals.--Upon 
                discontinuation] Discontinuation of funding.--
                Upon discontinuation of funding of a grant 
                recipient under this section, the Administrator 
                shall solicit new proposals in accordance with 
                subsection (c).
    [(e) Children's Advocacy Advisory Board.--
          (1) Establishment of board.--
                  (A) In general.--Not later than 120 days 
                after the date of enactment of this section 
                [enacted Nov. 4, 1992], the Administrator and 
                the Director, after consulting with 
                representatives of community agencies that 
                respond to child abuse cases, shall establish a 
                children's advocacy advisory board to provide 
                guidance and oversight in implementing the 
                selection criteria and operation of the 
                regional children's advocacy program.
                  (B) Membership.--
                          (i) The board--
                                  (I) shall be composed of 12 
                                members who are selected by the 
                                Administrator, in coordination 
                                with the Director, a majority 
                                of whom shall be individuals 
                                experienced in the child abuse 
                                investigation, prosecution, 
                                prevention, and intervention 
                                systems;
                                  (II) shall include at least 1 
                                member from each of the 4 
                                census regions; and
                                  (III) shall have members 
                                appointed for a term not to 
                                exceed 3 years.
                          (ii) Members of the board may be 
                        reappointed for successive terms.
          (2) Review and recommendations.--
                  (A) Objectives.--Not later than 180 days 
                after the date of enactment of this section 
                [enacted Nov. 4, 1992] and annually thereafter, 
                the board shall develop and submit to the 
                Administrator and the Director objectives for 
                the implementation of the children's advocacy 
                program activities described in subsection (b).
                  (B) Review.--The board shall annually--
                          (i) review the solicitation and 
                        selection of children's advocacy 
                        program proposals and make 
                        recommendations concerning how each 
                        such activity can be altered so as to 
                        better achieve the purposes of this 
                        section; and
                          (ii) review the program activities 
                        and management plan of each grant 
                        recipient and report its findings and 
                        recommendations to the Administrator 
                        and the Director.
          (3) Rules and regulations.--The board shall 
        promulgate such rules and regulations as it deems 
        necessary to carry out its duties under this section.]
    [(f) Reporting.--The Attorney General and the Secretary of 
Health and Human Services shall submit to Congress, by March 1 
of each year, a detailed review of the progress of the regional 
children's advocacy program activities.]

Sec.  20304. Local children's advocacy centers

    [(a) In general.--The Administrator, in coordination with 
the Director and with the Director of the Office of Victims of 
Crime, shall make grants to develop and implement 
multidisciplinary child abuse investigation and prosecution 
programs.]
    (a) In General.--The Administrator, in coordination with 
the Director of the Office of Victims of Crime, shall make 
grants to--
          (1) develop and enhance multidisciplinary child abuse 
        investigations, intervention, and prosecution; and
          (2) promote the effective delivery of the evidence-
        informed Children's Advocacy Model and the 
        multidisciplinary response to child abuse, including 
        best practices in programmatic evaluation and financial 
        oversight of Federal funding.
    (b) Direct Services for Victims of Human Trafficking and 
Child Pornography.--The Administrator, in coordination [with 
the Director] and with the Director of the Office of Victims of 
Crime, may make grants to develop and implement specialized 
programs to identify and provide direct services to victims of 
human trafficking and child pornography.
    (c) Grant Criteria.--
          (1) The [Director]Administrator shall establish the 
        criteria to be used in evaluating applications for 
        grants under [this section] subsections (a) and (b) 
        consistent with sections 299B and 299E of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 [(42 
        U.S.C. 5665 et seq.)](34 U.S.C. 11183, 11186).
          (2) In general, the grant criteria established 
        pursuant to paragraph (1) may require that a program 
        include any of the following elements:
                  (A) A written agreement between local law 
                enforcement, [social service]child protective 
                service, health, and other related agencies to 
                coordinate child abuse investigation, 
                prosecution, treatment, and counseling 
                services.
                  (B) An appropriate site for referring, 
                interviewing, treating, and counseling child 
                victims of sexual and serious physical abuse 
                and neglect and nonoffending family members 
                (referred to as [the ``counseling center]''a 
                ``children's advocacy center'').
                  (C) Referral of all [sexual and serious 
                physical abuse and neglect cases to the 
                counseling center]child abuse cases that met 
                designated referral criteria to the children's 
                advocacy center not later than 24 hours after 
                notification of an incident of abuse.
                  (D) Joint initial [investigative]forensic 
                interviews of child victims by personnel from 
                law enforcement, health, and [social 
                service]child protective service agencies.
                  [(E) A requirement that, to the extent 
                practicable, the same agency representative who 
                conducts an initial interview conduct all 
                subsequent interviews.]
                  (E)[(F)] A requirement that, to the extent 
                practicable, all interviews and meetings with a 
                child victim occur at the [counseling center] 
                children's advocacy center or an agency with 
                which there is a linkage agreement regarding 
                the delivery of multidisciplinary child abuse 
                investigation, prosecution, and intervention 
                services. 
                  (F)[(G)] Coordination of each step of the 
                investigation process to [minimize the number 
                of interviews that a child victim must 
                attend]eliminate duplicative forensic 
                interviews with a child victim.
                  (G)[(H)] Designation of a director for the 
                [multidisciplinary program]children's advocacy 
                center.
                  (H)[(I)] Assignment of a volunteer or staff 
                advocate to each child in order to assist the 
                child and, when appropriate, the child's 
                family, throughout each step of intervention 
                and judicial proceedings.
                  (I)[(J)] Such other criteria as the Director 
                shall establish by regulation.
    (d) Distribution of Grants.--In awarding grants under this 
section, [the Director]the Administrator shall ensure that 
grants are distributed to [both large and small States]all 
States that are eligible for such grants, including large and 
small States, and to rural, suburban, and urban jurisdictions.
    (e) Consultation With Regional Children's Advocacy 
Centers.--A grant recipient under this section shall consult 
from time to time with regional children's advocacy centers in 
its census region that are grant recipients under section 213.
    (f) Grants to State Chapters for Assistance to Local 
Children's Advocacy Centers.--In awarding grants under this 
section, the Administrator shall ensure that a portion of the 
grants is distributed to State chapters to enable State 
chapters to provide technical assistance, training, 
coordination, and oversight to other recipients of grants under 
this section in providing evidence-informed initiatives, 
including mental health counseling, forensic interviewing, 
multidisciplinary team coordination, and victim advocacy.

20305. Grants for Specialized Technical Assistance and Training 
                    Programs

    (a) In General.--The Administrator shall make grants to 
national organizations to provide technical assistance and 
training [to attorneys and others instrumental to the criminal 
prosecution of child abuse cases in State or Federal courts, 
for the purpose of improving the quality of criminal 
prosecution of such cases.]to--
          (1) attorneys and other allied professionals 
        instrumental to the criminal prosecution of child abuse 
        cases in State or Federal courts, for the purpose of 
        improving the quality of criminal prosecution of such 
        cases; and
          (2) child abuse professionals instrumental to the 
        protection of children, intervention in child abuse 
        cases, and treatment of victims of child abuse, for the 
        purpose of--
                  (A) improving the quality of such protection, 
                intervention, and treatment; and
                  (B) promoting the effective delivery of the 
                evidence-informed Children's Advocacy Model and 
                the multidisciplinary response to child abuse, 
                including best practices in programmatic 
                evaluation and financial oversight of Federal 
                funding.
    [(b) Grantee Organizations.--An organization to which a 
grant is made pursuant to subsection (a) shall be one that has, 
or is affiliated with one that has, broad membership among 
attorneys who prosecute criminal cases in State courts and has 
demonstrated experience in providing training and technical 
assistance for prosecutors.]
    (b) Grantee organizations.--
          (1) Prosecutors.--An organization to which a grant is 
        made for specific training and technical assistance for 
        prosecutors under subsection (a)(1) shall be one that 
        has--
                  (A) a broad representation of attorneys who 
                prosecute criminal cases in State courts; and
                  (B) demonstrated experience in providing 
                training and technical assistance for 
                prosecutors.
          (2) Child abuse professionals.--An organization to 
        which a grant is made for specific training and 
        technical assistance for child abuse professionals 
        under subsection (a)(2) shall be one that has--
                  (A) a diverse portfolio of training and 
                technical resources for the diverse 
                professionals responding to child abuse, 
                including a digital library to promote 
                evidence-informed practice; and
                  (B) demonstrated experience in providing 
                training and technical assistance for child 
                abuse professionals, especially law enforcement 
                officers, child protective service workers, 
                prosecutors, forensic interviewers, medical 
                professionals, victim advocates, and mental 
                health professionals.
          (c) Grant criteria.--
          (1) The Administrator shall establish the criteria to 
        be used for evaluating applications for grants under 
        this section, consistent with sections 299B and 299E of 
        the Juvenile Justice and Delinquency Act of 1974 [(42 
        U.S.C. 5665 et seq.)]34 U.S.C. 11183, 11186).
          (2) The grant criteria established pursuant to 
        paragraph (1) shall require, in the case of a grant 
        made under subsection (a)(1), that a program provide 
        training and technical assistance that includes 
        information regarding improved child interview 
        techniques, thorough investigative methods, interagency 
        coordination and effective presentation of evidence in 
        court, including the use of alternative courtroom 
        procedures described in this title.

Sec. 20306. Authorizations of appropriations

    (a) Sections 213 and 214.--There are authorized to be 
appropriated to carry out [sections 213 and 214, $15,000,000 
for each of fiscal years 2014, 2015, 2016, 2017, and 
2018.]sections 213 and 214, $19,000,000 of reach of fiscal 
years 2019 through 2023.
    (b) Section 214A. There are authorized to be appropriated 
to carry out section 214A $5,000,000 for each of fiscal years 
2014, 2015, 2016, 2017, and 2018.

Sec. 20307. Accountability

    [All grants awarded] (a) In general._All grants awarded by 
the Administrator under this subtitle shall be subject to the 
following accountability provisions:
          (1) Audit requirement.--
                  (A) Definition.--In this paragraph, the term 
                ``unresolved audit finding'' means a finding in 
                the final audit report of the Inspector General 
                of the Department of Justice that the audited 
                grantee has utilized grant funds for an 
                unauthorized expenditure or otherwise 
                unallowable cost that is not closed or resolved 
                within 12 months from the date when the final 
                audit report is issued and any appeal has been 
                completed.
                  (B) Audit.--The Inspector General of the 
                Department of Justice shall conduct audits of 
                recipients of grants under this subtitle to 
                prevent waste, fraud, and abuse of funds by 
                grantees. The Inspector General shall determine 
                the appropriate number of grantees to be 
                audited each year.
                  (C) Mandatory exclusion.--A recipient of 
                grant funds under this subtitle that is found 
                to have an unresolved audit finding shall not 
                be eligible to receive grant funds under this 
                subtitle during the following 2 fiscal years.
                  (D) Priority.--In awarding grants under this 
                subtitle, the Administrator shall give priority 
                to eligible entities that did not have an 
                unresolved audit finding during the 3 fiscal 
                years prior to submitting an application for a 
                grant under this subtitle.
                  (E) Reimbursement.--If an entity is awarded 
                grant funds under this subtitle during the 2-
                fiscal-year period in which the entity is 
                barred from receiving grants under paragraph 
                (2), the Administrator shall--
                          (i) deposit an amount equal to the 
                        grant funds that were improperly 
                        awarded to the grantee into the General 
                        Fund of the Treasury; and
                          (ii) seek to recoup the costs of the 
                        repayment to the fund from the grant 
                        recipient that was erroneously awarded 
                        grant funds.
          (2) Nonprofit organization requirements.--
                  (A) Definition.--For purposes of this 
                paragraph, the term ``nonprofit organization'' 
                means an organization that is described in 
                section 501(c)(3) of the Internal Revenue Code 
                of 1986 and is exempt from taxation under 
                section 501(a) of such Code.
                  (B) Prohibition.--The Administrator may not 
                award a grant under any grant program described 
                in this subtitle to a nonprofit organization 
                that holds money in offshore accounts for the 
                purpose of avoiding paying the tax described in 
                section 511(a) of the Internal Revenue Code of 
                1986.
                  (C) Disclosure.--Each nonprofit organization 
                that is awarded a grant under this subtitle and 
                uses the procedures prescribed in regulations 
                to create a rebuttable presumption of 
                reasonableness for the compensation of its 
                officers, directors, trustees and key 
                employees, shall disclose to the Administrator, 
                in the application for the grant, the process 
                for determining such compensation, including 
                the independent persons involved in reviewing 
                and approving such compensation, the 
                comparability data used, and contemporaneous 
                substantiation of the deliberation and 
                decision. Upon request, the Administrator shall 
                make the information disclosed under this 
                subparagraph available for public inspection.
          (3) Conference expenditures.--
                  (A) Limitation.--No amounts authorized to be 
                appropriated to the Department of Justice under 
                this subtitle may be used by the Administrator, 
                or by any individual or organization awarded 
                discretionary funds through a cooperative 
                agreement under this Act, to host or support 
                any expenditure for conferences that uses more 
                than $20,000 in Department funds, unless the 
                Deputy Attorney General or such Assistant 
                Attorney Generals, Directors, or principal 
                deputies as the Deputy Attorney General may 
                designate, including the Administrator, 
                provides prior written authorization through an 
                award process or subsequent application that 
                the funds may be expended to host a conference.
                  (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written 
                estimate of all costs associated with the 
                conference, including the cost of all food and 
                beverages, audiovisual equipment, honoraria for 
                speakers, and any entertainment.
                  (C) Report.--The Deputy Attorney General 
                shall submit an annual report to the Committee 
                on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives on all approved conference 
                expenditures referenced in this paragraph.
    (b) Reporting.--Not later than March 1 of each year, the 
Attorney General shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the House 
of Representatives a report that--
          (1) summarizes the efforts of the Administrator to 
        monitor and evaluate the regional children's advocacy 
        program activities under section 213(d);
          (2) describes--
                  (A) the method by which amounts are allocated 
                to grantees and subgrantees under this 
                subtitle, including to local children's 
                advocacy centers, State chapters, and regional 
                children's advocacy program centers; and
                  (B) steps the Attorney General has taken to 
                minimize duplication and overlap in the 
                awarding of amounts under this subtitle; and
          (3) analyzes the extent to which both rural and urban 
        populations are served under the regional children's 
        advocacy program.

Sec. 20323. Strengthening of the court-appointed special advocate 
                    program

    a) In General.--The Administrator of the Office of Juvenile 
Justice and Delinquency Prevention shall make grants to 
initiate, sustain, and expand the court-appointed special 
advocate program.
    (b) Grantee Organizations.--
          (1) An organization to which a grant is made pursuant 
        to subsection (a)--
                  (A) shall be a national organization that has 
                broad membership among court-appointed special 
                advocates and has demonstrated experience in 
                grant administration of court-appointed special 
                advocate programs and in providing training and 
                technical assistance to court-appointed special 
                advocate program; or
                  (B) may be a local public or not-for-profit 
                agency that has demonstrated the willingness to 
                initiate, sustain, and expand a court-appointed 
                special advocate program.
          (2) An organization described in paragraph (1)(A) 
        that receives a grant may be authorized to make 
        subgrants and enter into contracts with public and not-
        for-profit agencies to initiate, sustain, and expand 
        the court-appointed special advocate program. Should a 
        grant be made to a national organization for this 
        purpose, the Administrator shall specify an amount not 
        exceeding 5 percent that can be used for administrative 
        purposes by the national organization.
    (c) Grant Criteria.--
          (1) The Administrator shall establish criteria to be 
        used in evaluating applications for grants under this 
        section, consistent with sections 299B and 299E of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 
        [(42 U.S.C. 5665 et seq.)] (34 U.S.C. 11183, 11186)].

Sec. 20333. Specialized Technical Assistance and Training Programs

    (a) Grants to Develop Model Programs.--
          (1) The Administrator shall make grants to national 
        organizations to develop 1 or more model technical 
        assistance and training programs to improve the 
        judicial system's handling of child abuse and neglect 
        cases.
          (2) An organization to which a grant is made pursuant 
        to paragraph (1) shall be one that has broad membership 
        among juvenile and family court judges and has 
        demonstrated experience in providing training and 
        technical assistance for judges, attorneys, child 
        welfare personnel, and lay child advocates.
    (b) Grants to Juvenile and Family Courts.--
          (1) In order to improve the judicial system's 
        handling of child abuse and neglect cases, the 
        Administrator shall make grants to State courts or 
        judicial administrators for programs that provide or 
        contract for, the implementation of--
                  (A) training and technical assistance to 
                judicial personnel and attorneys in juvenile 
                and family courts; and
                  (B) administrative reform in juvenile and 
                family courts.
          (2) The criteria established for the making of grants 
        pursuant to paragraph (1) shall give priority to 
        programs that improve--
                  (A) procedures for determining whether child 
                service agencies have made reasonable efforts 
                to prevent placement of children in foster 
                care;
                  (B) procedures for determining whether child 
                service agencies have, after placement of 
                children in foster care, made reasonable 
                efforts to reunite the family; and
                  (C) procedures for coordinating information 
                and services among health professionals, social 
                workers, law enforcement professionals, 
                prosecutors, defense attorneys, and juvenile 
                and family court personnel, consistent with 
                subtitle A.
    (c) Grant Criteria.--The Administrator shall make grants 
under subsections (a) and (b) consistent with sections 262, 
299B, and 299E of the Juvenile Justice and Delinquency 
Prevention Act of 1974 [(42 U.S.C. 5665 et seq.)](34 U.S.C. 
11183, 11186)].

TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM

           *       *       *       *       *       *       *



Subchapter 1--General Program

           *       *       *       *       *       *       *



Sec. 5106a. Grants to States for Child Abuse or neglect Prevention and 
                    Treatment Programs

    (a) Development and Operation Grants.--The Secretary shall 
make grants to the States, from allotments made under 
subsection (f) for each State that applies for a grant under 
this section, for purposes of assisting the States in improving 
the child protective services system of each such State in--
          (1) the intake, assessment, screening, and 
        investigation of reports of child abuse or neglect;
          (2) (A) creating and improving the use of 
        multidisciplinary teams and interagency, intra-agency, 
        interstate, and intrastate protocols to enhance 
        investigations; and
                  (B) improving legal preparation and 
                representation, including--
                          (i) procedures for appealing and 
                        responding to appeals of substantiated 
                        reports of child abuse or neglect; and
                          (ii) provisions for the appointment 
                        of an individual appointed to represent 
                        a child in judicial proceedings;
          (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 
        developing, improving, and implementing risk and safety 
        assessment tools and protocols, including the use of 
        differential response;
          (5) developing and updating systems of technology 
        that support the program and track reports of child 
        abuse and neglect from intake through final disposition 
        and allow interstate and intrastate information 
        exchange;
          (6) developing, strengthening, and facilitating 
        training including--
                  (A) training regarding research-based 
                strategies, including the use of differential 
                response, to promote collaboration with the 
                families;
                  (B) training regarding the legal duties of 
                such individuals;
                  (C) personal safety training for case 
                workers; and
                  (D) training in early childhood, child, and 
                adolescent development;
          (7) improving the skills, qualifications, and 
        availability of individuals providing services to 
        children and families, and the supervisors of such 
        individuals, through the child protection system, 
        including improvements in the recruitment and retention 
        of caseworkers;
          (8) developing, facilitating the use of, and 
        implementing research-based strategies and training 
        protocols for individuals mandated to report child 
        abuse and neglect;
          (9) 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;
                  (C) services necessary to facilitate adoptive 
                placement of any such infants who have been 
                relinquished for adoption; and
                  (D) the use of differential response in 
                preventing child abuse and neglect;
          (10) 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, including the use of 
        differential response;
          (11) 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;
          (12) 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;
          (13) supporting and enhancing interagency 
        collaboration among public health agencies, agencies in 
        the child protective service system, and agencies 
        carrying out private community-based programs--
                  (A) to provide child abuse and neglect 
                prevention and treatment services (including 
                linkages with education systems), and the use 
                of differential response; and
                  (B) to address the health needs, including 
                mental health needs, of children identified as 
                victims of child abuse or neglect[;], including 
                supporting prompt, comprehensive health and 
                developmental evaluations for children who are 
                the subject of substantiated child maltreatment 
                reports; or
          (14) developing and implementing procedures for 
        collaboration among child protective services, domestic 
        violence services, and other agencies in--
                  (A) investigations, interventions, and the 
                delivery of services and treatment provided to 
                children and families, including the use of 
                differential response, where appropriate; and
                  (B) the provision of services that assist 
                children exposed to domestic violence, and that 
                also support the caregiving role of their 
                nonabusing parents.
    (b) Eligibility Requirements.--
          (1) State Plan.--
                  (A) In general.--To be eligible to receive a 
                grant under this section, a State shall submit 
                to the Secretary a State plan that specifies 
                the areas of the child protective services 
                system described in subsection (a) that the 
                State will address with amounts received under 
                the grant.
                  (B) Duration of plan.--Each State plan 
                shall--
                          (i) remain in effect for the duration 
                        of the State's participation under this 
                        section; and
                          (ii) be periodically reviewed and 
                        revised as necessary by the State to 
                        reflect changes in the State's 
                        strategies and programs under this 
                        section.
                  (C) Additional information.--The State shall 
                provide notice to the Secretary--
                          (i) of any substantive changes, 
                        including any change to State law or 
                        regulations, relating to the prevention 
                        of child abuse and neglect that may 
                        affect the eligibility of the State 
                        under this section; and
                          (ii) of any significant changes in 
                        how funds provided under this section 
                        are used to support activities 
                        described in this section, which may 
                        differ from the activities described in 
                        the current State application.
          (2) Contents.--A State plan submitted under paragraph 
        (1) shall contain a description of the activities that 
        the State will carry out using amounts received under 
        the grant to achieve the objectives of this title, 
        including--
                  (A) an assurance that the State plan, to the 
                maximum extent practicable, is coordinated with 
                the State plan under part B of title IV of the 
                Social Security Act (42 U.S.C. 621 et seq.) 
                relating to child welfare services and family 
                preservation and family support services;
                  (B) an assurance in the form of a 
                certification by the Governor of the State that 
                the State has in effect and is enforcing a 
                State law, or has in effect and is operating a 
                statewide program, relating to child abuse and 
                neglect that includes--
                          (i) provisions or procedures for an 
                        individual to report known and 
                        suspected instances of child abuse and 
                        neglect, including a State law for 
                        mandatory reporting by individuals 
                        required to report such instances;
                          (ii) policies and procedures 
                        (including appropriate referrals to 
                        child protection service systems and 
                        for other appropriate services) to 
                        address the needs of infants born with 
                        and identified as being affected by 
                        substance abuse or withdrawal symptoms 
                        resulting from prenatal drug exposure, 
                        or a Fetal Alcohol Spectrum Disorder, 
                        including a requirement that health 
                        care providers involved in the delivery 
                        or care of such infants notify the 
                        child protective services system of the 
                        occurrence of such condition in such 
                        infants, except that such notification 
                        shall not be construed to--
                                  (I) establish a definition 
                                under Federal law of what 
                                constitutes child abuse or 
                                neglect; or
                                  (II) require prosecution for 
                                any illegal action;
                          (iii) the development of a plan of 
                        safe care for the infant born and 
                        identified as being affected by 
                        substance abuse or withdrawal symptoms, 
                        or a Fetal Alcohol Spectrum Disorder to 
                        ensure the safety and well-being of 
                        such infant following release from the 
                        care of health care providers, 
                        including through--
                                  (I) addressing the health and 
                                substance use disorder 
                                treatment needs of the infant 
                                and affected family or 
                                caregiver; and
                                  (II) the development and 
                                implementation by the State of 
                                monitoring systems regarding 
                                the implementation of such 
                                plans to determine whether and 
                                in what manner local entities 
                                are providing, in accordance 
                                with State requirements, 
                                referrals to and delivery of 
                                appropriate services for the 
                                infant and affected family or 
                                caregiver;
                          (iv) procedures for the immediate 
                        screening, risk and safety assessment, 
                        and prompt investigation of such 
                        reports;
                          (v) triage procedures, including the 
                        use of differential response, for the 
                        appropriate referral of a child not at 
                        risk of imminent harm to a community 
                        organization or voluntary preventive 
                        service;
                          (vi) procedures for immediate steps 
                        to be taken to ensure and protect the 
                        safety of a victim of child abuse or 
                        neglect and of any other child under 
                        the same care who may also be in danger 
                        of child abuse or neglect and ensuring 
                        their placement in a safe environment;
                          [(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;] (vii) provisions for immunity 
                        from civil or criminal liability under 
                        State and local laws and regulations 
                        for individuals making good faith 
                        reports of suspected or known instances 
                        of child abuse or neglect, or who 
                        otherwise provide information or 
                        assistance, including medical 
                        evaluations or consultations, in 
                        connection with a report, 
                        investigation, or legal intervention 
                        pursuant to a good faith report of 
                        child abuse or neglect;
                          (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, as 
                                described in clause (ix);
                                  (III) child abuse citizen 
                                review panels;
                                  (IV) child fatality review 
                                panels;
                                  (V) a grand jury or court, 
                                upon a finding that information 
                                in the record is necessary for 
                                the determination of an issue 
                                before the court or grand jury; 
                                and
                                  (VI) other entities or 
                                classes of individuals 
                                statutorily authorized by the 
                                State to receive such 
                                information pursuant to a 
                                legitimate State purpose;
                          (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 
                        child abuse and neglect;
                          (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;
                          (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 and neglect;
                          (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;
                          (xiii) provisions and procedures 
                        requiring that in every case involving 
                        a victim of child abuse or neglect 
                        which results in a judicial proceeding, 
                        a guardian ad litem, who has received 
                        training appropriate to the role, 
                        including training in early childhood, 
                        child, and adolescent development, 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--
                                  (I) to obtain first-hand, a 
                                clear understanding of the 
                                situation and needs of the 
                                child; and
                                  (II) to make recommendations 
                                to the court concerning the 
                                best interests of the child;
                          (xiv) the establishment of citizen 
                        review panels in accordance with 
                        subsection (c);
                          (xv) provisions, procedures, and 
                        mechanisms--
                                  (I) for the expedited 
                                termination of parental rights 
                                in the case of any infant 
                                determined to be abandoned 
                                under State law; and
                                  (II) by which individuals who 
                                disagree with an official 
                                finding of child abuse or 
                                neglect can appeal such 
                                finding;
                          (xvi) provisions, procedures, and 
                        mechanisms that assure that the State 
                        does not require reunification of a 
                        surviving child with a parent who has 
                        been found by a court of competent 
                        jurisdiction--
                                  (I) to have committed murder 
                                (which would have been an 
                                offense under section 1111(a) 
                                of title 18, United States 
                                Code, if the offense had 
                                occurred in the special 
                                maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of 
                                such parent;
                                  (II) to have committed 
                                voluntary manslaughter (which 
                                would have been an offense 
                                under section 1112(a) of title 
                                18, United States Code, if the 
                                offense had occurred in the 
                                special maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of 
                                such parent;
                                  (III) to have aided or 
                                abetted, attempted, conspired, 
                                or solicited to commit such 
                                murder or voluntary 
                                manslaughter;
                                  (IV) to have committed a 
                                felony assault that results in 
                                the serious bodily injury to 
                                the surviving child or another 
                                child of such parent;
                                  (V) to have committed sexual 
                                abuse against the surviving 
                                child or another child of such 
                                parent; or
                                  (VI) to be required to 
                                register with a sex offender 
                                registry under section 113(a) 
                                of the Adam Walsh Child 
                                Protection and Safety Act of 
                                2006 (42 U.S.C. 16913(a));
                          (xvii) an assurance that, upon the 
                        implementation by the State of the 
                        provisions, procedures, and mechanisms 
                        under clause (xvi), conviction of any 
                        one of the felonies listed in 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 or 
                        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;
                          (xxi) provisions and procedures for 
                        referral of a child under the age of 3 
                        who is involved in a substantiated case 
                        of child abuse or neglect to early 
                        intervention services funded under part 
                        C of the Individuals with Disabilities 
                        Education Act (20 U.S.C. 1431 et seq.);
                          (xxii) provisions and procedures for 
                        requiring criminal background record 
                        checks that meet the requirements of 
                        section 471(a)(20) of the Social 
                        Security Act (42 U.S.C. 671(a)(20)) for 
                        prospective foster and adoptive parents 
                        and other adult relatives and non-
                        relatives residing in the household;
                          (xxiii) provisions for systems of 
                        technology that support the State child 
                        protective service system described in 
                        subsection (a) and track reports of 
                        child abuse and neglect from intake 
                        through final disposition;
                          (xxiv) provisions and procedures 
                        requiring identification and assessment 
                        of all reports involving children known 
                        or suspected to be victims of sex 
                        trafficking (as defined in section 
                        103(10) of the Trafficking Victims 
                        Protection Act of 2000 (22 U.S.C. 7102 
                        (10)); and
                          (xxv) provisions and procedures for 
                        training child protective services 
                        workers about identifying, assessing, 
                        and providing comprehensive services 
                        for children who are sex trafficking 
                        victims, including efforts to 
                        coordinate with State law enforcement, 
                        juvenile justice, and social service 
                        agencies such as runaway and homeless 
                        youth shelters to serve this 
                        population;
                  (C) an assurance that the State has in place 
                procedures for responding to the reporting of 
                medical neglect (including instances of 
                withholding of medically indicated treatment 
                from infants with disabilities who have life-
                threatening conditions), procedures or 
                programs, or both (within the State child 
                protective services system), to provide for--
                          (i) coordination and consultation 
                        with individuals designated by and 
                        within appropriate health-care 
                        facilities;
                          (ii) prompt notification by 
                        individuals designated by and within 
                        appropriate health-care facilities of 
                        cases of suspected medical neglect 
                        (including instances of withholding of 
                        medically indicated treatment from 
                        infants with disabilities who have 
                        life-threatening conditions); and
                          (iii) authority, under State law, for 
                        the State child protective services 
                        system to pursue any legal remedies, 
                        including the authority to initiate 
                        legal proceedings in a court of 
                        competent jurisdiction, as may be 
                        necessary to prevent the withholding of 
                        medically indicated treatment from 
                        infants with disabilities who have 
                        life-threatening conditions;
                  (D) a description of--
                          (i) the services to be provided under 
                        the grant to individuals, families, or 
                        communities, either directly or through 
                        referrals aimed at preventing the 
                        occurrence of child abuse and neglect;
                          (ii) the training to be provided 
                        under the grant to support direct line 
                        and supervisory personnel in report 
                        taking, screening, assessment, decision 
                        making, and referral for investigating 
                        suspected instances of child abuse and 
                        neglect;
                          (iii) the training to be provided 
                        under the grant for individuals who are 
                        required to report suspected cases of 
                        child abuse and neglect;
                          (iv) policies and procedures 
                        encouraging the appropriate involvement 
                        of families in decisionmaking 
                        pertaining to children who experienced 
                        child abuse or neglect;
                          (v) policies and procedures that 
                        promote and enhance appropriate 
                        collaboration among child protective 
                        service agencies, domestic violence 
                        service agencies, substance abuse 
                        treatment agencies, and other agencies 
                        in investigations, interventions, and 
                        the delivery of services and treatment 
                        provided to children and families 
                        affected by child abuse or neglect, 
                        including children exposed to domestic 
                        violence, where appropriate; and
                          (vi) policies and procedures 
                        regarding the use of differential 
                        response, as applicable;
                  (E) an assurance or certification that the 
                programs or projects relating to child abuse 
                and neglect carried out under part B of title 
                IV of the Social Security Act (42 U.S.C. 621 et 
                seq.) comply with the requirements set forth in 
                paragraph (1) and this paragraph;
                  (F) an assurance or certification that 
                programs and training conducted under this 
                title address the unique needs of unaccompanied 
                homeless youth, including access to enrollment 
                and support services and that such youth are 
                eligible for under parts B and E of title IV of 
                the Social Security Act (42 U.S.C. 621 et seq., 
                670 et seq.) and meet the requirements of the 
                McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11301 et seq.); and
                  (G) an assurance that the State, in 
                developing the State plan described in 
                paragraph (1), has collaborated with community-
                based prevention agencies and with families 
                affected by child abuse or neglect.
                Nothing in subparagraph (B) shall be construed 
                to limit the State's flexibility to determine 
                State policies relating to public access to 
                court proceedings to determine child abuse and 
                neglect, except that such policies shall, at a 
                minimum, ensure the safety and well-being of 
                the child, parents, and families.
          (3) Limitation.--With regard to clauses (vi) and 
        (vii) of paragraph (2)(B), 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.
          (4) Definitions.--For purposes of this subsection--
                  (A) the term ``near fatality'' means an act 
                that, as certified by a physician, places the 
                child in serious or critical condition; and
                  (B) the term ``serious bodily injury'' means 
                bodily injury which involves substantial risk 
                of death, extreme physical pain, protracted and 
                obvious disfigurement, or protracted loss or 
                impairment of the function of a bodily member, 
                organ, or mental faculty.
    (c) Citizen Review Panels.--
          (1) Establishment.--
                  (A) In general.--Except as provided in 
                subparagraph (B), each State to which a grant 
                is made under this section shall establish not 
                less than 3 citizen review panels.
                  (B) Exceptions.--
                          (i) Establishment of panels by states 
                        receiving minimum allotment.--A State 
                        that receives the minimum allotment of 
                        $175,000 under section 203(b)(1)(A) for 
                        a fiscal year shall establish not less 
                        than 1 citizen review panel.
                          (ii) Designation of existing 
                        entities.--A State may designate as 
                        panels for purposes of this subsection 
                        one or more existing entities 
                        established under State or Federal law, 
                        such as child fatality panels or foster 
                        care review panels, if such entities 
                        have the capacity to satisfy the 
                        requirements of paragraph (4) and the 
                        State ensures that such entities will 
                        satisfy such requirements.
          (2) Membership.--Each panel established pursuant to 
        paragraph (1) shall be composed of volunteer members 
        who are broadly representative of the community in 
        which such panel is established, including members who 
        have expertise in the prevention and treatment of child 
        abuse and neglect, and may include adult former victims 
        of child abuse or neglect.
          (3) Meetings.--Each panel established pursuant to 
        paragraph (1) shall meet not less than once every 3 
        months.
          (4) Functions.--
                  (A) In general.--Each panel established 
                pursuant to paragraph (1) shall, by examining 
                the policies, procedures, and practices of 
                State and local agencies and where appropriate, 
                specific cases, evaluate the extent to which 
                State and local child protection system 
                agencies are effectively discharging their 
                child protection responsibilities in accordance 
                with--
                          (i) the State plan under subsection 
                        (b);
                          (ii) the child protection standards 
                        set forth in subsection (b); and
                          (iii) any other criteria that the 
                        panel considers important to ensure the 
                        protection of children, including--
                                  (I) a review of the extent to 
                                which the State and local child 
                                protective services system is 
                                coordinated with the foster 
                                care and adoption programs 
                                established under part E of 
                                title IV of the Social Security 
                                Act (42 U.S.C. 670 et seq.); 
                                and
                                  (II) a review of child 
                                fatalities and near fatalities 
                                (as defined in subsection 
                                (b)(4)).
                  (B) Confidentiality.--
                          (i) In general.--The members and 
                        staff of a panel established under 
                        paragraph (1)--
                                  (I) shall not disclose to any 
                                person or government official 
                                any identifying information 
                                about any specific child 
                                protection case with respect to 
                                which the panel is provided 
                                information; and
                                  (II) shall not make public 
                                other information unless 
                                authorized by State statute.
                          (ii) Civil sanctions.--Each State 
                        that establishes a panel pursuant to 
                        paragraph (1) shall establish civil 
                        sanctions for a violation of clause 
                        (i).
                  (C) Public outreach.--Each panel shall 
                provide for public outreach and comment in 
                order to assess the impact of current 
                procedures and practices upon children and 
                families in the community and in order to meet 
                its obligations under subparagraph (A).
          (5) State assistance.--Each State that establishes a 
        panel pursuant to paragraph (1)--
                  (A) shall provide the panel access to 
                information on cases that the panel desires to 
                review if such information is necessary for the 
                panel to carry out its functions under 
                paragraph (4); and
                  (B) shall provide the panel, upon its 
                request, staff assistance for the performance 
                of the duties of the panel.
          (6) Reports.--Each panel established under paragraph 
        (1) shall prepare and make available to the 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 State 
        and local child protection systems and the citizen 
        review panel that describes whether or how the State 
        will incorporate the recommendations of such panel 
        (where appropriate) to make measurable progress in 
        improving the State and local child protective system.
    (d) Annual State data reports.--Each State to which a grant 
is made under this section shall annually work with the 
Secretary to provide, to the maximum extent practicable, a 
report that includes the following:
          (1) The number of children who were reported to the 
        State during the year as victims of child abuse or 
        neglect.
          (2) Of the number of children described in paragraph 
        (1), the number with respect to whom such reports 
        were--
                  (A) substantiated;
                  (B) unsubstantiated; or
                  (C) determined to be false.
          (3) Of the number of children described in paragraph 
        (2)--
                  (A) the number that did not receive services 
                during the year under the State program funded 
                under this section or an equivalent State 
                program;
                  (B) the number that received services during 
                the year under the State program funded under 
                this section or an equivalent State program; 
                and
                  (C) the number that were removed from their 
                families during the year by disposition of the 
                case.
          (4) The number of families that received preventive 
        services, including use of differential response, from 
        the State during the year.
          (5) The number of deaths in the State during the year 
        resulting from child abuse or neglect.
          (6) Of the number of children described in paragraph 
        (5), the number of such children who were in foster 
        care.
          (7) (A) The number of child protective service 
        personnel responsible for the--
                          (i) intake of reports filed in the 
                        previous year;
                          (ii) screening of such reports;
                          (iii) assessment of such reports; and
                          (iv) investigation of such reports.
                  (B) The average caseload for the workers 
                described in subparagraph (A).
          (8) The agency response time with respect to each 
        such report with respect to initial investigation of 
        reports of child abuse or neglect.
          (9) The response time with respect to the provision 
        of services to families and children where an 
        allegation of child abuse or neglect has been made.
          (10) For child protective service personnel 
        responsible for intake, screening, assessment, and 
        investigation of child abuse and neglect reports in the 
        State-
                  (A) information on the education, 
                qualifications, and training requirements 
                established by the State for child protective 
                service professionals, including for entry and 
                advancement in the profession, including 
                advancement to supervisory positions;
                  (B) data on the education, qualifications, 
                and training of such personnel;
                  (C) demographic information of the child 
                protective service personnel; and
                  (D) information on caseload or workload 
                requirements for such personnel, including 
                requirements for average number and maximum 
                number of cases per child protective service 
                worker and supervisor.
          (11) The number of children reunited with their 
        families or receiving family preservation services 
        that, within five years, result in subsequent 
        substantiated reports of child abuse or neglect, 
        including the death of the child.
          (12) The number of children for whom individuals were 
        appointed by the court to represent the best interests 
        of such children and the average number of out of court 
        contacts between such individuals and children.
          (13) The annual report containing the summary of the 
        activities of the citizen review panels of the State 
        required by subsection (c)(6).
          (14) The number of children under the care of the 
        State child protection system who are transferred into 
        the custody of the State juvenile justice system.
          (15) The number of children referred to a child 
        protective services system under subsection 
        (b)(2)(B)(ii).
          (16) The number of children determined to be eligible 
        for referral, and the number of children referred, 
        under subsection (b)(2)(B)(xxi), to agencies providing 
        early intervention services under part C of the 
        Individuals with Disabilities Education Act (20 U.S.C. 
        1431 et seq.).
          (17) The number of children determined to be victims 
        described in subsection (b)(2)(B)(xxiv).
        [18](17) The number of infants--
                  (A) identified under subsection 
                (b)(2)(B)(ii);
                  (B) for whom a plan of safe care was 
                developed under subsection (b)(2)(B)(iii); and
                  (C) for whom a referral was made for 
                appropriate services, including services for 
                the affected family or caregiver, under 
                subsection (b)(2)(B)(iii).
    (e) Annual Report by the Secretary.--Within 6 months after 
receiving the State reports under subsection (d), the Secretary 
shall prepare a report based on information provided by the 
States for the fiscal year under such subsection and shall make 
the report and such information available to the Congress and 
the national clearinghouse for information relating to child 
abuse and neglect.
    (f) Allotments.--
    (1) Definitions.--In this subsection:
                  (A) Fiscal year 2009 grant funds.--The term 
                ``fiscal year 2009 grant funds''' means the 
                amount appropriated under section 112 for 
                fiscal year 2009, and not reserved under 
                section 112(a)(2).
                  (B) Grant funds.--The term ``grant funds'' 
                means the amount appropriated under section 112 
                for a fiscal year and not reserved under 
                section 112(a)(2).
                  (C) State.--The term ``State'' means each of 
                the several States, the District of Columbia, 
                and the Commonwealth of Puerto Rico.
                  (D) Territory.--The term ``territory'' means 
                Guam, American Samoa, the United States Virgin 
                Islands, and the Commonwealth of the Northern 
                Mariana Islands.
          (2) In general.--Except as otherwise provided in this 
        section, the Secretary shall make allotments to each 
        State and territory that applies for a grant under this 
        section in an amount equal to the sum of--
                  (A) $ 50,000; and
                  (B) an amount that bears the same 
                relationship to any grant funds remaining after 
                all such States and territories have received $ 
                50,000, as the number of children under the age 
                of 18 in the State or territory bears to the 
                number of such children in all States and 
                territories that apply for such a grant.
          (3) Allotments for decreased appropriation years.--In 
        the case where the grant funds for a fiscal year are 
        less than the fiscal year 2009 grant funds, the 
        Secretary shall ratably reduce each of the allotments 
        under paragraph (2) for such fiscal year.
          (4)  Allotments for increased appropriation years.--
                  (A) Minimum allotments to states for 
                increased appropriations years.--In any fiscal 
                year for which the grant funds exceed the 
                fiscal year 2009 grant funds by more than $ 
                1,000,000, the Secretary shall adjust the 
                allotments under paragraph (2), as necessary, 
                such that no State that applies for a grant 
                under this section receives an allotment in an 
                amount that is less than--
                          (i) $100,000, for a fiscal year in 
                        which the grant funds exceed the fiscal 
                        year 2009 grant funds by more than $ 
                        1,000,000 but less than $ 2,000,000;
                          (ii) $125,000, for a fiscal year in 
                        which the grant funds exceed the fiscal 
                        year 2009 grant funds by at least $ 
                        2,000,000 but less than $ 3,000,000; 
                        and
                          (iii) $150,000, for a fiscal year in 
                        which the grant funds exceed the fiscal 
                        year 2009 grant funds by at least $ 
                        3,000,000.
                  (B) Allotment adjustment.--In the case of a 
                fiscal year for which subparagraph (A) applies 
                and the grant funds are insufficient to satisfy 
                the requirements of such subparagraph (A), 
                paragraph (2), and paragraph (5), the Secretary 
                shall, subject to paragraph (5), ratably reduce 
                the allotment of each State for which the 
                allotment under paragraph (2) is an amount that 
                exceeds the applicable minimum under 
                subparagraph (A), as necessary to ensure that 
                each State receives the applicable minimum 
                allotment under subparagraph (A).
          (5) Hold harmless.--Notwithstanding paragraphs (2) 
        and (4), except as provided in paragraph (3), no State 
        or territory shall receive a grant under this section 
        in an amount that is less than the amount such State or 
        territory received under this section for fiscal year 
        2009.

SEC. 3. IMMUNITY PROTECTIONS FOR REPORTERS OF CHILD ABUSE.

           *       *       *       *       *       *       *


    (b) Federal Immunity.--
          (1) In general.--Notwithstanding any other provision 
        of law, any individual making a good faith report to 
        appropriate authorities of a suspected or known 
        instance of child abuse or neglect, or who otherwise, 
        in good faith, provides information or assistance, 
        including medical evaluations or consultations, in 
        connection with a report, investigation, or legal 
        intervention pursuant to a good faith report of child 
        abuse or neglect shall not be subject to civil 
        liability or criminal prosecution, under any Federal 
        law, rising from making such report or providing such 
        information or assistance.
          (2) Presumption of good faith.--In a Federal civil 
        action or criminal prosecution brought against a person 
        based on the person's reporting a suspected or known 
        instance of child abuse or neglect, or providing 
        information or assistance with respect to such a 
        report, as described in paragraph (1), there shall be a 
        presumption that the person acted in good faith.
          (3) Costs.--If the defendant prevails in a Federal 
        civil action described in paragraph (2), the court may 
        award costs and reasonable attorney's fees incurred by 
        the defendant.

                                  [all]