[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


117 STAT. 800

Public Law 108-36
108th Congress

An Act


 
To amend the Child Abuse Prevention and Treatment Act to make
improvements to and reauthorize programs under that Act, and for other
purposes. [NOTE: June 25, 2003 -  [S. 342]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: Keeping Children and
Families Safe Act of 2003.] assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) [NOTE: 42 USC 5101 note.] Short Title.--This Act may be cited
as the ``Keeping Children and Families Safe Act of 2003''.

(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 101. Findings.

Subtitle A--General Program

Sec. 111. National clearinghouse for information relating to child
abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
Sec. 116. Miscellaneous requirements relating to assistance.
Sec. 117. Authorization of appropriations.
Sec. 118. Reports.

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

Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.

Subtitle C--Conforming Amendments

Sec. 141. Conforming amendments.

TITLE II--ADOPTION OPPORTUNITIES

Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.

TITLE III--ABANDONED INFANTS ASSISTANCE

Sec. 301. Findings.

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117 STAT. 801

Sec. 302. Establishment of local projects.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
Sec. 306. Conforming amendment.

TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

Sec. 401. State demonstration grants.
Sec. 402. Secretarial responsibilities.
Sec. 403. Evaluation.
Sec. 404. Information and technical assistance centers.
Sec. 405. Related assistance.
Sec. 406. Authorization of appropriations.
Sec. 407. Grants for State domestic violence coalitions.
Sec. 408. Evaluation and monitoring.
Sec. 409. Family member abuse information and documentation project.
Sec. 410. Model State leadership grants.
Sec. 411. National domestic violence hotline and internet grant.
Sec. 412. Youth education and domestic violence.
Sec. 413. Demonstration grants for community initiatives.
Sec. 414. Transitional housing assistance.
Sec. 415. Technical and conforming amendments.
Sec. 416. Conforming amendment to another Act.

TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

SEC. 101. FINDINGS.

Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000'' and
inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form of
maltreatment; and
``(B) investigations have determined that approximately 60
percent of children who were victims of maltreatment in 2001
suffered neglect, 19 percent suffered physical abuse, 10 percent
suffered sexual abuse, and 7 percent suffered emotional
maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2001, an estimated 1,300 children were counted by
child protection services to have died as a result of abuse or
neglect; and
``(C) children younger than 1 year old comprised 41 percent
of child abuse fatalities and 85 percent of child abuse
fatalities were younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment; and
``(B) slightly less than half of these children (42 percent
in 2001) and their families fail to receive adequate protection
or treatment;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking
``organizations'' and inserting ``community-based
organizations'';

[[Page 802]]

117 STAT. 802

(B) in subparagraph (D), by striking ``ensures'' and
all that follows through ``knowledge,'' and inserting
``recognizes the need for properly trained staff with
the qualifications needed''; and
(C) in subparagraph (E), by inserting before the
semicolon the following: ``, which may impact child
rearing patterns, while at the same time, not allowing
those differences to enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking
``this national child and family emergency'' and inserting
``child abuse and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting
``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.

Subtitle A--General Program

SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.

(a) Functions.--Section 103(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all
effective programs, including private and community-based
programs, that show promise of success with respect to the
prevention, assessment, identification, and treatment of child
abuse and neglect and hold the potential for broad scale
implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting a
semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used for
achieving improvements in child protective systems;''; and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that may
include an evaluation or identification of--
``(A) various methods and procedures for the
investigation, assessment, and prosecution of child
physical and sexual abuse cases;
``(B) ways to mitigate psychological trauma to the
child victim; and
``(C) effective programs carried out by the States
under this Act; and
``(5) collect and disseminate information relating to
various training resources available at the State and local
level to--
``(A) individuals who are engaged, or who intend to
engage, in the prevention, identification, and treatment
of child abuse and neglect; and
``(B) appropriate State and local officials to
assist in training law enforcement, legal, judicial,
medical, mental health, education, and child welfare
personnel.''.

(b) Coordination With Available Resources.--Section 103(c)(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)) is
amended--

[[Page 803]]

117 STAT. 803

(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that
describes best practices being used throughout the
Nation for making appropriate referrals related to, and
addressing, the physical, developmental, and mental
health needs of abused and neglected children; and''.
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.

(a) Research.--Section 104(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in the
first sentence, by inserting ``, including longitudinal
research,'' after ``interdisciplinary program of
research''; and
(B) in subparagraph (B), by inserting before the
semicolon the following: ``, including the effects of
abuse and neglect on a child's development and the
identification of successful early intervention services
or other services that are needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and
inserting ``judicial systems, including
multidisciplinary, coordinated decisionmaking
procedures''; and
(ii) by striking ``and'' at the end; and
(D) in subparagraph (D)--
(i) in clause (viii), by striking ``and'' at
the end;
(ii) by redesignating clause (ix) as clause
(x); and
(iii) by inserting after clause (viii), the
following:
``(ix) the incidence and prevalence of child
maltreatment by a wide array of demographic
characteristics such as age, sex, race, family
structure, household relationship (including the
living arrangement of the resident parent and
family size), school enrollment and education
attainment, disability, grandparents as
caregivers, labor force status, work status in
previous year, and income in previous year; and'';
(E) by redesignating subparagraph (D) as
subparagraph (I); and
(F) by inserting after subparagraph (C), the
following:
``(D) the evaluation and dissemination of best
practices consistent with the goals of achieving
improvements in the child protective services systems of
the States in accordance with paragraphs (1) through
(12) of section 106(a);
``(E) effective approaches to interagency
collaboration between the child protection system and
the juvenile justice system that improve the delivery of
services and treatment, including methods for continuity
of treatment plan and services as children transition
between systems;
``(F) an evaluation of the redundancies and gaps in
the services in the field of child abuse and neglect
prevention in order to make better use of resources;

[[Page 804]]

117 STAT. 804

``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of
low income children who need health services, including
mental health services;
``(H) the information on the national incidence of
child abuse and neglect specified in clauses (i) through
(xi) of subparagraph (H); and'';
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) [NOTE: Deadline. Records.] Not later than 2
years after the date of enactment of the Keeping
Children and Families Safe Act of 2003, and every 2
years thereafter, the Secretary shall provide an
opportunity for public comment concerning the priorities
proposed under subparagraph (A) and maintain an official
record of such public comment.'';
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on the
national incidence of child abuse and neglect, including the
information on the national incidence on child abuse and neglect
specified in subparagraphs (i) through (ix) of paragraph (1)(I).
``(3) [NOTE: Deadline.] Report.--Not later than 4 years
after the date of the enactment of the Keeping Children and
Families Safe Act of 2003, the Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor and Pensions of the Senate a report that contains the
results of the research conducted under paragraph (2).''.

(b) Provision of Technical Assistance.--Section 104(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``nonprofit private agencies and''
and inserting ``private agencies and community-based'';
and
(B) by inserting ``, including replicating
successful program models,'' after ``programs and
activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link
child protective service agencies with health care,
mental health care, and developmental services to
improve forensic diagnosis and health evaluations, and
barriers and shortages to such linkages.''.

(c) Demonstration Programs and Projects.--Section 104 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by adding
at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary may award
grants to, and enter into contracts with, States or public or private
agencies or organizations (or combinations of such agencies or
organizations) for time-limited, demonstration projects for the
following:
``(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary

[[Page 805]]

117 STAT. 805

may award grants under this subsection to entities to assist
such entities in establishing and operating safe, family-
friendly physical environments--
``(A) for court-ordered, supervised visitation
between children and abusing parents; and
``(B) to safely facilitate the exchange of children
for visits with noncustodial parents in cases of
domestic violence.
``(2) Education identification, prevention, and treatment.--
The Secretary may award grants under this subsection to entities
for projects that provide educational identification,
prevention, and treatment services in cooperation with preschool
and elementary and secondary schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects that
provide for the development of research-based strategies for
risk and safety assessments relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve research-based
strategies for innovative training for mandated child abuse and
neglect reporters.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.

(a) Demonstration Programs and Projects.--Section 105(a) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is
amended--
(1) in the subsection heading, by striking ``Demonstration''
and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts
with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``nonprofit'';
(B) in subparagraph (A), by striking ``law,
education, social work, and other relevant fields'' and
inserting ``law enforcement, judiciary, social work and
child protection, education, and other relevant fields,
or individuals such as court appointed special advocates
(CASAs) and guardian ad litem,'';
(C) in subparagraph (B), by striking ``nonprofit''
and all that follows through ``; and'' and inserting
``children, youth and family service organizations in
order to prevent child abuse and neglect;'';
(D) in subparagraph (C), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(D) for training to support the enhancement of
linkages between child protective service agencies and
health care agencies, including physical and mental
health services, to improve forensic diagnosis and
health evaluations and for innovative partnerships
between child protective service agencies and health
care agencies that offer creative

[[Page 806]]

117 STAT. 806

approaches to using existing Federal, State, local, and
private funding to meet the health evaluation needs of
children who have been subjects of substantiated cases
of child abuse or neglect;
``(E) for the training of personnel in best
practices to promote collaboration with the families
from the initial time of contact during the
investigation through treatment;
``(F) for the training of personnel regarding the
legal duties of such personnel and their
responsibilities to protect the legal rights of children
and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and
local health care agencies, alcohol and drug abuse
prevention and treatment agencies, mental health
agencies, and other public and private welfare agencies
to promote child safety, permanence, and family
stability;
``(I) for cross training for child protective
service workers in research-based strategies for
recognizing situations of substance abuse, domestic
violence, and neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to
disabled infants with life-threatening conditions for--
``(i) professionals and paraprofessional
personnel concerned with the welfare of disabled
infants with life-threatening conditions,
including personnel employed in child protective
services programs and health care facilities; and
``(ii) the parents of such infants.'';
(4) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants
under this subsection to public and private agencies that
demonstrate innovation in responding to reports of child abuse
and neglect, including programs of collaborative partnerships
between the State child protective services agency, community
social service agencies and family support programs, law
enforcement agencies, developmental disability agencies,
substance abuse treatment entities, health care entities,
domestic violence prevention entities, mental health service
entities, schools, churches and synagogues, and other community
agencies, to allow for the establishment of a triage system
that--
``(A) accepts, screens, and assesses reports
received to determine which such reports require an
intensive intervention and which require voluntary
referral to another agency, program, or project;
``(B) provides, either directly or through referral,
a variety of community-linked services to assist
families in preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in jeopardy.'';

[[Page 807]]

117 STAT. 807

(6) in paragraph (3) (as so redesignated), by striking
``nonprofit organizations (such as Parents Anonymous)'' and
inserting ``organizations'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinshipcare.--'' and
inserting the following:
``(4) Kinship care.--
``(A) In general.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies and
public health, mental health, and developmental disabilities
agencies.--The Secretary may award grants to entities that
provide linkages between State or local child protective service
agencies and public health, mental health, and developmental
disabilities agencies, for the purpose of establishing linkages
that are designed to help assure that a greater number of
substantiated victims of child maltreatment have their physical
health, mental health, and developmental needs appropriately
diagnosed and treated, in accordance with all applicable Federal
and State privacy laws.''.

(b) Discretionary Grants.--Section 105(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (b)'' and inserting ``subsection (a)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(4) by inserting after paragraph (2) (as so redesignated),
the following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a report
of maltreatment has been substantiated.''; and
(5) in paragraph (4)(D), by striking ``nonprofit''.

(c) Evaluation.--Section 105(c) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the Secretary
shall make available technical assistance for the evaluation,
where needed, including the use of a rigorous application of
scientific evaluation techniques.''.

(d) Technical Amendment to Heading.--The section heading for section
105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106) is
amended to read as follows:

[[Page 808]]

117 STAT. 808

``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.''.
SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION
AND TREATMENT PROGRAMS.

(a) Development and Operation Grants.--Section 106(a) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case
monitoring,'' after ``case management''; and
(B) by inserting ``and treatment'' after ``and
delivery of services'';
(2) in paragraph (4), by striking ``improving'' and all that
follows through ``referral systems'' and inserting ``developing,
improving, and implementing risk and safety assessment tools and
protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and neglect
from intake through final disposition and allow interstate and
intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including--
``(A) training regarding research-based strategies
to promote collaboration with the families;
``(B) training regarding the legal duties of such
individuals; and
``(C) personal safety training for case workers;'';
(7) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) improving the skills, qualifications, and availability
of individuals providing services to children and families, and
the supervisors of such individuals, through the child
protection system, including improvements in the recruitment and
retention of caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating research-based strategies
for training for individuals mandated to report child abuse or
neglect;
``(10) developing, implementing, or operating programs to
assist in obtaining or coordinating necessary services for
families of disabled infants with life-threatening conditions,
including--
``(A) existing social and health services;
``(B) financial assistance; and
``(C) services necessary to facilitate adoptive
placement of any such infants who have been relinquished
for adoption;
``(11) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';

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117 STAT. 809

(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon; and
(10) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity of treatment plan and services
as children transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or
neglected, including supporting prompt, comprehensive health and
developmental evaluations for children who are the subject of
substantiated child maltreatment reports.''.

(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended--
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the
Secretary of any substantive changes'' and
inserting the following: ``provide notice to the
Secretary--
``(i) of any substantive changes; and'';
(ii) by striking the period and inserting ``;
and''; and
(iii) by adding at the end the following:
``(ii) any significant changes to how funds
provided under this section are used to support
the activities which may differ from the
activities as described in the current State
application.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii),
(iv), (v), (vi), (vii), (viii), (ix), (x), (xi),
(xii), and (xiii) as clauses (iv), (vi), (vii),
(viii), (x), (xi), (xii), (xiii), (xiv), (xv),
(xvi) and (xvii), respectively;
(ii) by inserting after clause (i), the
following:
``(ii) policies and procedures (including
appropriate referrals to child protection service
systems and for other appropriate services) to
address the needs of infants born and identified
as being affected by illegal substance abuse or
withdrawal symptoms resulting from prenatal drug
exposure, 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
``(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 illegal substance abuse or withdrawal
symptoms;'';
(iii) in clause (iv) (as so redesignated), by
inserting ``risk and'' before ``safety'';

[[Page 810]]

117 STAT. 810

(iv) by inserting after clause (iv) (as so
redesignated), the following:
``(v) triage procedures for the appropriate
referral of a child not at risk of imminent harm
to a community organization or voluntary
preventive service;'';
(v) in clause (viii)(II) (as so redesignated),
by striking ``, having a need for such information
in order to carry out its responsibilities under
law to protect children from abuse and neglect''
and inserting ``, as described in clause (ix)'';
(vi) by inserting after clause (viii) (as so
redesignated), the following:
``(ix) provisions to require a State to
disclose confidential information to any Federal,
State, or local government entity, or any agent of
such entity, that has a need for such information
in order to carry out its responsibilities under
law to protect children from abuse and neglect;'';
(vii) in clause (xiii) (as so redesignated)--
(I) by inserting ``who has received
training appropriate to the role, and''
after ``guardian ad litem,''; and
(II) by inserting ``who has received
training appropriate to that role''
after ``advocate'';
(viii) in clause (xv) (as so redesignated), by
striking ``to be effective not later than 2 years
after the date of enactment of this section'';
(ix) in clause (xvi) (as so redesignated)--
(I) by striking ``to be effective
not later than 2 years after the date of
enactment of this section''; and
(II) by striking ``and'' at the end;
(x) in clause (xvii) (as so redesignated), by
striking ``clause (xii)'' each place that such
appears and inserting ``clause (xvi)''; and
(xi) by adding at the end the following:
``(xviii) provisions and procedures to require
that a representative of the child protective
services agency shall, at the initial time of
contact with the individual subject to a child
abuse and neglect investigation, advise the
individual of the complaints or allegations made
against the individual, in a manner that is
consistent with laws protecting the rights of the
informant;
``(xix) provisions addressing the training of
representatives of the child protective services
system regarding the legal duties of the
representatives, which may consist of various
methods of informing such representatives of such
duties, in order to protect the legal rights and
safety of children and families from the initial
time of contact during investigation through
treatment;
``(xx) provisions and procedures for improving
the training, retention, and supervision of
caseworkers;

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117 STAT. 811

``(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;
and
``(xxii) [NOTE: Deadline.] not later than 2
years after the date of enactment of the Keeping
Children and Families Safe Act of 2003, provisions
and procedures for requiring criminal background
record checks for prospective foster and adoptive
parents and other adult relatives and non-
relatives residing in the household;''; and
(C) in paragraph (2), by adding at the end the
following flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse and
neglect, except that such policies shall, at a minimum, ensure
the safety and well-being of the child, parents, and
families.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is amended
by striking ``With regard to clauses (v) and (vi) of paragraph
(2)(A)'' and inserting ``With regard to clauses (vi) and (vii)
of paragraph (2)(A)''.

(c) Citizen Review Panels.--Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures''
and inserting ``, procedures, and
practices''; and
(II) by striking ``the agencies''
and inserting ``State and local child
protection system agencies''; and
(ii) in clause (iii)(I), by striking ``State''
and inserting ``State and local''; and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide for
public outreach and comment in order to assess the
impact of current procedures and practices upon children
and families in the community and in order to meet its
obligations under subparagraph (A).''; and
(2) in paragraph (6)--
(A) by striking ``public'' and inserting ``State and
the public''; and
(B) by inserting before the period the following:
``and recommendations to improve the child protection
services system at the State and local
levels. [NOTE: Deadline.] 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''.

[[Page 812]]

117 STAT. 812

(d) Annual State Data Reports.--Section 106(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding
at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required by
subsection (c)(6).
``(14) The number of children under the care of the State
child protection system who are transferred into the custody of
the State juvenile justice system.''.

(e) [NOTE: Deadline. 42 USC 5106a note.] Report.--Not later than 2
years after the date of enactment of this Act, the Secretary of Health
and Human Services shall prepare and submit to Congress a report that
describes the extent to which States are implementing the policies and
procedures required under section 106(b)(2)(B)(ii) of the Child Abuse
Prevention and Treatment Act.
SEC. 115. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD
ABUSE AND NEGLECT CASES.

Section 107(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106c(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the handling of cases involving children with
disabilities or serious health-related problems who are victims
of abuse or neglect.''.
SEC. 116. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that the
Secretary should encourage all States and public and private agencies or
organizations that receive assistance under this title to ensure that
children and families with limited English proficiency who participate
in programs under this title are provided materials and services under
such programs in an appropriate language other than English.
``(e) Annual Report.--A State that receives funds under section
106(a) shall annually prepare and submit to the Secretary a report
describing the manner in which funds provided under this Act, alone or
in combination with other Federal funds, were used to address the
purposes and achieve the objectives of section 106.''.

SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

(a) General Authorization.--Section 112(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read
as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2008.''.

(b) Demonstration Projects.--Section 112(a)(2)(B) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) is amended--

[[Page 813]]

117 STAT. 813

(1) by striking ``Secretary make'' and inserting ``Secretary
shall make''; and
(2) by striking ``section 106'' and inserting ``section
104''.

SEC. 118. REPORTS.

Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample of the effectiveness of the citizen review panels
established under section 106(c).
``(2) [NOTE: Deadline.] Report.--Not later than 3 years
after the date of enactment of the Keeping Children and Families
Safe Act of 2003, the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate a report that contains the results of the study conducted
under paragraph (1).''.

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

SEC. 121. PURPOSE AND AUTHORITY.

(a) Purpose.--Section 201(a)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(a)(1)) is amended to read as follows:
``(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to network,
initiatives aimed at the prevention of child abuse and neglect,
and to support networks of coordinated resources and activities
to better strengthen and support families to reduce the
likelihood of child abuse and neglect; and''.

(b) Authority.--Section 201(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``Statewide'' and all that follows through the
dash, and inserting ``community-based and prevention-
focused programs and activities designed to strengthen
and support families to prevent child abuse and neglect
(through networks where appropriate) that are
accessible, effective, culturally appropriate, and build
upon existing strengths that--'';
(B) in subparagraph (F), by striking ``and'' at the
end; and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and
ethnic minorities, and members of other underrepresented
or underserved groups; and
``(H) provide referrals to early health and
developmental services;''; and
(2) in paragraph (4)--

[[Page 814]]

117 STAT. 814

(A) by inserting ``through leveraging of funds''
after ``maximizing funding'';
(B) by striking ``a Statewide network of community-
based, prevention-focused'' and inserting ``community-
based and prevention-focused''; and
(C) by striking ``family resource and support
program'' and inserting ``programs and activities
designed to strengthen and support families to prevent
child abuse and neglect (through networks where
appropriate)''.

(c) Technical Amendment to Title Heading.--Title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended by
striking the heading for such title and inserting the following:

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

SEC. 122. ELIGIBILITY.

Section 202 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``a Statewide network of
community-based, prevention-focused'' and
inserting ``community-based and prevention-
focused''; and
(ii) by striking ``family resource and support
programs'' and all that follows through the
semicolon and inserting ``programs and activities
designed to strengthen and support families to
prevent child abuse and neglect (through networks
where appropriate);''
(B) in subparagraph (B), by inserting ``that exists
to strengthen and support families to prevent child
abuse and neglect'' after ``written authority of the
State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and
support families to prevent child abuse and neglect
(through networks where appropriate)'';
(B) in subparagraph (B)--
(i) by striking ``to the network''; and
(ii) by inserting ``, and parents with
disabilities'' before the semicolon;
(C) in subparagraph (C), by striking ``to the
network''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide
network of community-based, prevention-focused, family
resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities designed to strengthen and support families
to prevent child abuse and neglect (through networks
where appropriate)'';

[[Page 815]]

117 STAT. 815

(B) in subparagraph (B), by striking ``Statewide
network of community-based, prevention-focused, family
resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities designed to strengthen and support families
to prevent child abuse and neglect (through networks
where appropriate)'';
(C) in subparagraph (C), by striking ``and training
and technical assistance, to the Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``training, technical
assistance, and evaluation assistance, to community-
based and prevention-focused programs and activities
designed to strengthen and support families to prevent
child abuse and neglect (through networks where
appropriate)''; and
(D) in subparagraph (D), by inserting ``, parents
with disabilities,'' after ``children with
disabilities''.

SEC. 123. AMOUNT OF GRANT.

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

SEC. 124. EXISTING GRANTS.

Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5115c) [NOTE: 42 USC 5116c.] is repealed.

SEC. 125. APPLICATION.

Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect (through
networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based,
prevention-focused, family resource and support
programs'' and inserting ``community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse
and neglect (through networks where appropriate)''; and
(B) by striking ``, including those funded by
programs consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:

[[Page 816]]

117 STAT. 816

``(3) a description of the inventory of current unmet needs
and current community-based and prevention-focused programs and
activities to prevent child abuse and neglect, and other family
resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``start up, maintenance, expansion, and
redesign of community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect'';
(6) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting ``community-
based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).

SEC. 126. LOCAL PROGRAM REQUIREMENTS.

Section 206(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``prevention-focused, family resource and support programs'' and
inserting ``and prevention-focused programs and activities
designed to strengthen and support families to prevent child
abuse and neglect'';
(2) in paragraph (3)(B), by inserting ``voluntary home
visiting and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect in the
development, operation and expansion of networks where
appropriate.''.

[[Page 817]]

117 STAT. 817

SEC. 127. PERFORMANCE MEASURES.

Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4)--
(A) by inserting ``and parents with disabilities,''
after ``children with disabilities,''; and
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this
title'' and inserting ``evaluation of community-based
and prevention-focused programs and activities designed
to strengthen and support families to prevent child
abuse and neglect, and in the design, operation and
evaluation of the networks of such community-based and
prevention-focused programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to strengthen and
support families to prevent child abuse and neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to strengthen and support families to
prevent child abuse and neglect''.
SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.

Section 208(3) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116g(3)) is amended by striking ``Statewide networks of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to strengthen and support families to
prevent child abuse and neglect''.

SEC. 129. DEFINITIONS.

(a) Children With Disabilities.--Section 209(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by striking
``given such term in section 602(a)(2)'' and inserting ``given the term
`child with a disability' in section 602(3) or `infant or toddler with a
disability' in section 632(5)''.
(b) Community-Based and Prevention-Focused Programs and Activities
to Prevent Child Abuse and Neglect.--Section 209 of the Child Abuse
Prevention and Treatment Act (42 U.S.C.

[[Page 818]]

117 STAT. 818

5116h) is amended by striking paragraphs (3) and (4) and inserting the
following:
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and activities
designed to strengthen and support families to prevent child
abuse and neglect' includes organizations such as family
resource programs, family support programs, voluntary home
visiting programs, respite care programs, parenting education,
mutual support programs, and other community programs or
networks of such programs that provide activities that are
designed to prevent or respond to child abuse and neglect.''.

SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

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

Subtitle C--Conforming Amendments

SEC. 141. CONFORMING AMENDMENTS.

The table of contents of the Child Abuse Prevention and Treatment
Act, as contained in section 1(b) of such Act (42 U.S.C. 5101 note), is
amended as follows:
(1) By striking the item relating to section 105 and
inserting the following:

``Sec. 105. Grants to States and public or private agencies and
organizations.''.

(2) By striking the item relating to title II and inserting
the following:

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

(3) By striking the item relating to section 204.

TITLE II--ADOPTION OPPORTUNITIES

SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

Section 201 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and
inserting the following:
``(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our Nation's
foster care population included more than 565,000 as of
September of 2001;
``(2) children entering foster care have complex problems
that require intensive services, with many such children having
special needs because they are born to mothers who did not
receive prenatal care, are born with life threatening conditions

[[Page 819]]

117 STAT. 819

or disabilities, are born addicted to alcohol or other drugs, or
have been exposed to infection with the etiologic agent for the
human immunodeficiency virus;
``(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9),
and (10) as paragraphs (4), (5), (6), (7), and (8)
respectively; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``, including geographic barriers,'' after
``barriers''; and
(B) in paragraph (2), by striking ``a national'' and
inserting ``an Internet-based national''.

SEC. 202. INFORMATION AND SERVICES.

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

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

(2) by striking ``Sec. 203. (a) The Secretary'' and
inserting the following:

``(a) In General.--The Secretary'';
(3) in subsection (b)--
(A) by inserting ``Required Activities.--'' after
``(b)'';
(B) in paragraph (1), by striking ``nonprofit'' each
place that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the
nature, scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place that
such appears; and
(ii) by striking the period at the end and
inserting ``; and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private licensed
child welfare or adoption agencies) for the implementation of
programs that are intended to increase the number of older
children (who are in foster care and with the goal of adoption)
placed in adoptive families, with a special emphasis on child-
specific recruitment strategies, including--
``(A) outreach, public education, or media campaigns
to inform the public of the needs and numbers of older
youth available for adoption;

[[Page 820]]

117 STAT. 820

``(B) training of personnel in the special needs of
older youth and the successful strategies of child-
focused, child-specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and
inserting the following:

``(c) Services for Families Adopting Special Needs Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by realigning the margins of subparagraphs
(A) through (G) accordingly;
(ii) in subparagraph (F), by striking ``and''
at the end;
(iii) in subparagraph (G), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and
inserting the following:

``(d) Improving Placement Rate of Children in Foster Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting
the following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting
the following:
``(B) Technical and other assistance.--The
Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses (i)
and (ii) accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting
the following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting
the following:
``(B) Reversion of unused funds.--Any payment''; and
(6) by adding at the end the following:

``(e) Elimination of Barriers to Adoptions Across Jurisdictional
Boundaries.--
``(1) In general.--The [NOTE: Grants.] Secretary shall
award grants to, or enter into contracts with, States, local
government entities,

[[Page 821]]

117 STAT. 821

public or private child welfare or adoption agencies, adoption
exchanges, or adoption family groups to carry out initiatives to
improve efforts to eliminate barriers to placing children for
adoption across jurisdictional boundaries.
``(2) Services to supplement not supplant.--Services
provided under grants made under this subsection shall
supplement, not supplant, services provided using any other
funds made available for the same general purposes including--
``(A) developing a uniform homestudy standard and
protocol for acceptance of homestudies between States
and jurisdictions;
``(B) developing models of financing cross-
jurisdictional placements;
``(C) expanding the capacity of all adoption
exchanges to serve increasing numbers of children;
``(D) developing training materials and training
social workers on preparing and moving children across
State lines; and
``(E) developing and supporting initiative models
for networking among agencies, adoption exchanges, and
parent support groups across jurisdictional
boundaries.''.

SEC. 203. STUDY OF ADOPTION PLACEMENTS.

Section 204 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The'';
(2) by striking ``of this Act'' and inserting ``of the
Keeping Children and Families Safe Act of 2003'';
(3) by striking ``to determine the nature'' and inserting
``to determine--

``(1) the nature'';
(4) by striking ``which are not licensed'' and all that
follows through ``entity''; and
(5) by adding at the end the following:
``(2) how interstate placements are being financed across
State lines;
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.

SEC. 204. [NOTE: Reports. Deadlines.] STUDIES ON SUCCESSFUL ADOPTIONS.

Section 204 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5114) is amended by adding at the end the
following:
``(b) Dynamics of Successful Adoption.--The Secretary shall conduct
research (directly or by grant to, or contract with, public or private
nonprofit research agencies or organizations) about adoption outcomes
and the factors affecting those outcomes. The Secretary shall submit a
report containing the results of such research to the appropriate
committees of the Congress not later than the date that is 36 months
after the date of the enactment of the Keeping Children and Families
Safe Act of 2003.
``(c) Interjurisdictional Adoption.--Not later than 1 year after the
date of the enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall submit to the appropriate committees of the
Congress a report that contains recommendations

[[Page 822]]

117 STAT. 822

for an action plan to facilitate the interjurisdictional adoption of
foster children.''.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

Section 205(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as
follows:
``There are authorized to be appropriated $40,000,000 for fiscal
year 2004 and such sums as may be necessary for fiscal years 2005
through 2008 to carry out programs and activities authorized under this
subtitle.''.

TITLE III--ABANDONED INFANTS ASSISTANCE

SEC. 301. FINDINGS.

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

[[Page 823]]

117 STAT. 823

paragraph (7) and to ensure the optimal use of all such
resources.''.

SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS.

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

``SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.'';

and
(2) by striking subsection (b) and inserting the following:

``(b) Priority in Provision of Services.--The Secretary may not make
a grant under subsection (a) unless the applicant for the grant agrees
to give priority to abandoned infants and young children who--
``(1) are infected with, or have been perinatally exposed
to, the human immunodeficiency virus, or have a life-threatening
illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

Section 102 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

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

``(c) Evaluation.--The Secretary shall evaluate and report on
effective methods of intervening before the abandonment of an infant or
young child so as to prevent such abandonments, and

[[Page 824]]

117 STAT. 824

effective methods for responding to the needs of abandoned infants and
young children.''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Section 104 of the Abandoned Infants Assistance Act
of 1988 (42 U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:

``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
Act, there are authorized to be appropriated $45,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 102(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``Authorization.--'' after
``(1)'' the first place it appears; and
(ii) by striking ``this title'' and inserting
``this Act''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after
``(2)''; and
(ii) by striking ``fiscal year 1991.'' and
inserting ``fiscal year 2003.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.

(b) Redesignation.--The Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by redesignating section 104 as section 302; and
(2) by moving that section 302 to the end of that Act.

SEC. 305. DEFINITIONS.

(a) In General.--Section 301 of the Abandoned Infants Assistance Act
of 1988 (42 U.S.C. 670 note) is amended to read as follows:

``SEC. 301. DEFINITIONS.

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

[[Page 825]]

117 STAT. 825

who are in a care-giving situation, with respect to infants and
young children covered under this Act.
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.''.

(b) Repeal.--Section 103 of the Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note) is repealed.

SEC. 306. CONFORMING AMENDMENT.

Section 421(7) of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5061(7)) is amended by striking ``infant described in section
103'' and inserting ``infant who is abandoned, as defined in section
301''.

TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

SEC. 401. STATE DEMONSTRATION GRANTS.

(a) Underserved Populations.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by striking ``underserved populations,'' and all that follows
and inserting the following: ``underserved populations, as defined in
section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of such Act (42 U.S.C. 10402(a)) is
amended by adding at the end the following:
``(5) Upon completion of the activities funded by a grant under this
title, the State shall submit to the Secretary a report that contains a
description of the activities carried out under paragraph (2)(B)(i).''.
(c) Children Who Witness Domestic Violence.--Section 303 of such Act
(42 U.S.C. 10402) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:

``(c) The Secretary shall use funds provided under section
310(a)(2), for a fiscal year described in section 310(a)(2), to award
grants for demonstration programs that provide--
``(1) multisystem interventions and services (either
directly or by referral) for children who witness domestic
violence; and
``(2) training (either directly or by referral) for
agencies, providers, and other entities who work with such
children.''.

SEC. 402. SECRETARIAL RESPONSIBILITIES.

Section 305(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.

SEC. 403. EVALUATION.

Section 306 of the Family Violence Prevention and Services Act (42
U.S.C. 10405) is amended in the first sentence by striking

[[Page 826]]

117 STAT. 826

``Not later than two years after the date on which funds are obligated
under section 303(a) for the first time after the date of the enactment
of this title, and every two years thereafter,'' and inserting ``Every 2
years,''.

SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

Section 308 of the Family Violence Prevention and Services Act (42
U.S.C. 10407) is amended--
(1) by striking subsection (b) and inserting the following:

``(b) National Resource Center.--The national resource center
established under subsection (a)(2)--
``(1) shall offer resource, policy, collaboration, and
training assistance to Federal, State, and local government
agencies, to domestic violence service providers, and to other
professionals and interested parties on issues pertaining to
domestic violence, including issues relating to children who
witness domestic violence; and
``(2) shall maintain a central resource library in order to
collect, prepare, analyze, and disseminate information and
statistics, and analyses of the information and statistics,
relating to the incidence and prevention of family violence
(particularly the prevention of repeated incidents of violence)
and the provision of immediate shelter and related
assistance.''; and
(2) by striking subsection (g).

SEC. 405. RELATED ASSISTANCE.

Section 309(5) of the Family Violence Prevention and Services Act
(42 U.S.C. 10408(5)) is amended by striking the second sentence and
inserting the following: ``The term `related assistance' shall include--
``(A) prevention services such as outreach and
prevention services for victims and their children,
assistance to children who witness domestic violence,
employment training, parenting and other educational
services for victims and their children, preventive
health services within domestic violence programs
(including services promoting nutrition, disease
prevention, exercise, and prevention of substance
abuse), domestic violence prevention programs for
school-age children, family violence public awareness
campaigns, and violence prevention counseling services
to abusers;
``(B) counseling with respect to family violence,
counseling or other supportive services provided by
peers individually or in groups, and referral to
community social services;
``(C) transportation, technical assistance with
respect to obtaining financial assistance under Federal
and State programs, and referrals for appropriate health
care services (including alcohol and drug abuse
treatment), but shall not include reimbursement for any
health care services;
``(D) legal advocacy to provide victims with
information and assistance through the civil and
criminal courts, and legal assistance; or
``(E) children's counseling and support services,
and child care services for children who are victims of
family violence or the dependents of such victims, and
children who witness domestic violence.''.

[[Page 827]]

117 STAT. 827

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

(a) General Authorization.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to carry out sections 303 through 311, $175,000,000
for each of fiscal years 2004 through 2008.
``(2) Projects to address needs of children who witness
domestic violence.--For a fiscal year in which the amounts
appropriated under paragraph (1) exceed $130,000,000, the
Secretary shall reserve and make available a portion of the
excess to carry out section 303(c).''.

(b) Allocations for Other Programs.--Subsections (b), (c), and (d)
of section 310 of such Act (42 U.S.C. 10409) are amended by inserting
``(and not reserved under subsection (a)(2))'' after ``each fiscal
year''.
(c) Grants for State Domestic Violence Coalitions.--Section 311(g)
of such Act (42 U.S.C. 10410(g)) is amended to read as follows:
``(g) Funding.--Of the amount appropriated under section 310(a) for
a fiscal year (and not reserved under section 310(a)(2)), not less than
10 percent of such amount shall be made available to award grants under
this section.''.

SEC. 407. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

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

SEC. 408. EVALUATION AND MONITORING.

Section 312 of the Family Violence Prevention and Services Act (42
U.S.C. 10412) is amended by adding at the end the following:
``(c) Of the amount appropriated under section 310(a) for each
fiscal year (and not reserved under section 310(a)(2)), not more than
2.5 percent shall be used by the Secretary for evaluation, monitoring,
and other administrative costs under this title.''.
SEC. 409. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION
PROJECT.

Section 313 of the Family Violence Prevention and Services Act (42
U.S.C. 10413) is repealed.

SEC. 410. MODEL STATE LEADERSHIP GRANTS.

Section 315 of the Family Violence Prevention and Services Act (42
U.S.C. 10415) is repealed.
SEC. 411. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT.

Section 316 of the Family Violence Prevention and Services Act (42
U.S.C. 10416) is amended to read as follows:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT.

``(a) In General.--The Secretary may award 1 or more grants to
private, nonprofit entities--
``(1) to provide for the establishment and operation of a
national, toll-free telephone hotline to provide information and
assistance to victims of domestic violence; or

[[Page 828]]

117 STAT. 828

``(2) to provide for the establishment and operation of a
highly secure Internet website to provide that information and
assistance to those victims.

``(b) Duration.--A grant under this section may extend over a period
of not more than 5 years.
``(c) Annual Approval.--The provision of payments under a grant
awarded under this section shall be subject to annual approval by the
Secretary and subject to the availability of appropriations for each
fiscal year to make the payments.
``(d) Hotline Activities.--An entity that receives a grant under
this section for activities described, in whole or in part, in
subsection (a)(1) shall use funds made available through the grant to
establish and operate a national, toll-free telephone hotline to provide
information and assistance to victims of domestic violence. In
establishing and operating the hotline, the entity shall--
``(1) contract with a carrier for the use of a toll-free
telephone line;
``(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to
callers on a 24-hour-a-day basis;
``(3) assemble and maintain a current database of
information relating to services for victims of domestic
violence to which callers may be referred throughout the United
States, including information on the availability of shelters
that serve battered women; and
``(4) publicize the hotline to potential users throughout
the United States.

``(e) Secure Website Activities.--
``(1) In general.--An entity that receives a grant under
this section for activities described, in whole or in part, in
subsection (a)(2) shall use funds made available through the
grant to provide grants for startup and operational costs
associated with establishing and operating a highly secure
Internet website.
``(2) Availability.--The website shall be available to the
entity operating the hotline and domestic violence shelters.
``(3) Information.--The website shall provide accurate
information that describes--
``(A) the services available to victims of domestic
violence, including health care and mental health
services, social services, transportation, services for
children (including children who witness domestic
violence), and other relevant services; and
``(B) the domestic violence shelters available, and
services provided by the shelters.
``(4) Rule of construction.--Nothing in this Act shall be
construed to require any shelter or service provider, whether
public or private, to be linked to the website or to provide
information to the recipient of the grant described in paragraph
(1) or to the website.

``(f) Application.--The Secretary may not award a grant under this
section unless the Secretary approves an application for such grant. To
be approved by the Secretary under this subsection an application
shall--
``(1) contain such agreements, assurances, and information,
be in such form, and be submitted in such manner, as the
Secretary shall prescribe through notice in the Federal
Register;

[[Page 829]]

117 STAT. 829

``(2) in the case of an application for a grant to carry out
activities described in subsection (a)(1), include a complete
description of the applicant's plan for the operation of a
national domestic violence hotline, including descriptions of--
``(A) the training program for hotline personnel;
``(B) the hiring criteria for hotline personnel;
``(C) the methods for the creation, maintenance, and
updating of a resource database;
``(D) a plan for publicizing the availability of the
hotline;
``(E) a plan for providing service to non-English
speaking callers, including service through hotline
personnel who speak Spanish; and
``(F) a plan for facilitating access to the hotline
by persons with hearing impairments;
``(3) in the case of an application for a grant to carry out
activities described in subsection (a)(2)--
``(A) include a complete description of the
applicant's plan for the development, operation,
maintenance, and updating of information and resources
of the website;
``(B) include a certification that the applicant
will implement a high level security system to ensure
the confidentiality of the website, taking into
consideration the safety of domestic violence victims;
and
``(C) include an assurance that, after the third
year of the website project, the recipient of the grant
will develop a plan to secure other public or private
funding resources to ensure the continued operation and
maintenance of the website;
``(4) demonstrate that the applicant has recognized
expertise in the area of domestic violence and a record of high
quality service to victims of domestic violence, including a
demonstration of support from advocacy groups;
``(5) demonstrate that the applicant has a commitment to
diversity, and to the provision of services to ethnic, racial,
and non-English speaking minorities, in addition to older
individuals and individuals with disabilities; and
``(6) contain such other information as the Secretary may
require.

``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $3,500,000 for each of fiscal years 2004
through 2008.
``(2) Conditions on appropriations.--Notwithstanding
paragraph (1), the Secretary shall make available a portion of
the amounts appropriated under paragraph (1) to award grants
under subsection (a)(2) only for any fiscal year for which the
amounts appropriated under paragraph (1) exceed $3,000,000.
``(3) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.''.

SEC. 412. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

Section 317 of the Family Violence Prevention and Services Act (42
U.S.C. 10417) is repealed.

[[Page 830]]

117 STAT. 830

SEC. 413. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

(a) In General.--Section 318(h) of the Family Violence Prevention
and Services Act (42 U.S.C. 10418(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for each of fiscal
years 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418) is
amended by striking subsection (i).

SEC. 414. TRANSITIONAL HOUSING ASSISTANCE.

Section 319(f) of the Family Violence Prevention and Services Act
(42 U.S.C. 10419(f)) is amended by striking ``fiscal year 2001'' and
inserting ``each of fiscal years 2003 through 2008''.

SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended--
(1) in section 302(1) (42 U.S.C. 10401(1)) by striking
``demonstrate the effectiveness of assisting'' and inserting
``assist'';
(2) in section 303(a) (42 U.S.C. 10402(a))--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State
domestic violence coalitions knowledgeable
individuals and interested organizations'' and
inserting ``State domestic violence coalitions,
knowledgeable individuals, and interested
organizations''; and
(ii) in subparagraph (F), by adding ``and'' at
the end; and
(B) by aligning the margins of paragraph (4) with
the margins of paragraph (3);
(3) in section 303(g) (as so redesignated)--
(A) in the first sentence, by striking ``309(4)''
and inserting ``320''; and
(B) in the second sentence, by striking
``309(5)(A)'' and inserting ``320(5)(A)'';
(4) in section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) by
striking ``provide for research, and into'' and inserting
``provide for research into'';
(5) by redesignating section 309 as section 320 [NOTE: 42
USC 10408, 10421.] and moving that section to the end of the
Act; and
(6) in section 311(a) (42 U.S.C. 10410(a))--
(A) in paragraph (2)(K), by striking ``other
criminal justice professionals,;'' and inserting ``other
criminal justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A),
by striking ``family law judges,,'' and inserting
``family law judges,'';
(ii) in subparagraph (D), by inserting ``,
criminal court judges,'' after ``family law
judges''; and
(iii) in subparagraph (H), by striking
``supervised visitations that do not endanger
victims and their children'' and inserting
``supervised visitations or denial of visitation
to protect against danger to victims or their
children''.

[[Page 831]]

117 STAT. 831

SEC. 416. CONFORMING AMENDMENT TO ANOTHER ACT.

Section 102(42) of the Older Americans Act of 1965 (42 U.S.C.
3002(42)) is amended by striking ``(42 U.S.C. 10408)''.

Approved June 25, 2003.

LEGISLATIVE HISTORY--S. 342 (H.R. 14):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-26 accompanying H.R. 14 (Comm. on Education and
the Workforce) and 108-150 (Comm. of Conference).
SENATE REPORTS: No. 108-12 (Comm. on Health, Education, Labor, and
Pensions).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Mar. 19, considered and passed Senate.
Mar. 26, considered and passed House, amended.
June 17, House agreed to conference report.
June 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
June 25, Presidential statement.