Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-378

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



 
                   CAPTA REAUTHORIZATION ACT OF 2010

                                _______
                                

               December 18, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 3817]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 3817) to amend the Child Abuse 
Prevention and Treatment Act, the Family Violence Prevention 
and Services Act, the Child Abuse Prevention and Treatment and 
Adoption Reform Act of 1978, and the Abandoned Infants 
Assistance Act of 1988 to reauthorize the Acts, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill (as amended) do 
pass.

                                contents

                                                                   Page
  I. Purpose and Summary of the Bill..................................1
 II. Background and Need for Legislation..............................2
III. Legislative History and Committee Action.........................3
 IV. Explanation of Legislation and Committee Views..................10
  V. Cost Estimate...................................................18
 VI. Regulatory Impact Statement.....................................20
VII. Legislative Impact..............................................21
VIII.Section-by-Section Analysis.....................................21

 IX. Changes in Existing Law.........................................29

                   I. Purpose and Summary of the Bill

    It is the purpose of the CAPTA Reauthorization Act of 2010 
to renew, improve, and strengthen the Child Abuse Prevention 
and Treatment Act, the Adoption Opportunities Act, the Family 
Violence Prevention and Services Act, and the Abandoned Infants 
Assistance Act. The bill reauthorizes all programs from fiscal 
year 2011 through fiscal year 2015. On September 22, 2010, a 
bill to reauthorize these acts was introduced by Senators Dodd, 
Harkin, and Enzi. The bill, S. 3817, was referred to the Senate 
Committee on Health, Education, Labor, and Pensions. The bill 
was passed out of committee on December 1, 2010. The CAPTA 
Reauthorization Act of 2010 is intended to strengthen and 
support families with children; to protect children from abuse, 
neglect and maltreatment; improve services for victims of and 
children exposed to domestic violence; improve adoption 
assistance; and strengthen assistance for abandoned infants.

                II. Background and Need for Legislation

    Child abuse and neglect continue to be significant problems 
in the United States. Each year an estimated 794,000 children 
are victims of child abuse or neglect. In its Child 
Maltreatment 2008 report on child abuse and neglect, the U.S. 
Department of Health and Human Services reported that, each 
year, 141,700 children are seriously injured as a result of 
abuse or neglect, 18,000 are severely disabled, and 1,760 
children die as a result of abuse or neglect. Children younger 
than 6 years of age accounted for 76 percent of child 
fatalities and children younger than 1 year of age accounted 
for 42 percent of child fatalities.
    Approximately 3.3 million referrals concerning the welfare 
of about 6 million children were made to Child Protect Services 
(CPS) agencies throughout the country in 2008. Of these 
referrals, an estimated 1.5 million children were screened-in 
for further assessment and investigation. Of this amount, 
approximately 794,000 were found to be victims of child 
maltreatment, with 71.1 percent suffering from neglect; 16.1 
percent from physical abuse; 9.1 percent from sexual abuse; 7.3 
percent from psychological maltreatment; 2.2 from percent 
medical neglect; and 9 percent from some other form of 
maltreatment.
    Additionally, there continues to be disproportionate 
representation of older, African-American, and disabled 
children and youth in foster care. Presently, there are more 
than 420,000 children in foster care, and a disproportionate 
number of these children are African-American. Despite 
representing less than 15 percent of the U.S. population under 
the age of 18, African-American children comprise more than 30 
percent of the children who were in foster care on the last day 
of fiscal year 2009.
    Similarly, older youth are disproportionately represented 
in the foster care system. Youth age 14 to 17 years represent 
23 percent of the national under age 18 population but in 2009 
youth ages 14 to 17 represented 30 percent of children in 
foster care under age 18. Children and youth with disabilities 
are also disproportionally reported in the child welfare 
system.
    Approximately 2.3 million people each year in the United 
States are physically assaulted and/or raped by a current or 
former spouse or partner. The effects of that violence are felt 
on every level of society. The health-related costs of intimate 
partner violence in the United States are $5.8 billion each 
year (Centers for Disease Control, 2003) and costs employers 
between $3 and $13 billion in lost productivity each year 
(Centers for Disease Control, 2003). Men exposed to physical 
abuse, sexual abuse, and domestic violence as children are 
almost four times more likely than other men to have 
perpetrated domestic violence as adults (Journal of 
Interpersonal Violence, 2003).
    Victims of family violence need several sources of support 
to reestablish safety for themselves and their children. 
Shelter is critical. Shelters for abused women were first 
established in 1975. The number of shelters for domestic 
violence victims in the United States has increased 
significantly from 4 to over 1,500 and nearly all survivors in 
shelters (99 percent) reported they got the help they wanted 
with their own safety and safety planning (95 percent) 
(National Institutes of Justice, 2008). However, it has been 
estimated by the Department of Health and Human Services that 
247,000 victims and their children were turned away in 2007-
2008 because shelters were full or programs lacked resources. 
Shelters and transitional housing also play a crucial role in 
linking victims to appropriate services such as transportation, 
counseling, advocacy and other casework assistance. Without 
access to such supports, women continue to face the dilemma of 
living amidst violence or forgoing their economic livelihood 
and a place to live.
    One of the most significant negative impacts of domestic 
violence is its impact on children. Studies have shown that 
child abuse occurs in 30-60 percent of domestic violence cases 
in families where there are children (Edleson, 1999). 
Approximately 15.5 million children are exposed to domestic 
violence each year, according to the Journal of Family 
Psychology in 2006. Too often service providers who encounter 
children in domestic violence situations are unable to provide 
appropriate services to those children. The need for positive 
intervention to help children is clear.
    Research shows that children who are exposed to domestic 
violence are at a greater risk of developing psychiatric 
disorders, developmental problems, school failure, violence 
against others, and low self-esteem (U.S. Preventive Services 
Task Force, 2004.) Research has also clearly concluded that 
children from violent homes struggle more in school. They have 
higher incidences of impaired concentration, poor school 
attendance, being labeled an underachiever, and difficulties in 
cognitive and academic functioning. And, according to the 
Office of Juvenile Justice and Delinquency Prevention at the 
U.S. Department of Justice, as many as 40 percent of violent 
juvenile offenders come from homes where there is domestic 
violence. Witnessing domestic violence has also been found to 
be the best predictor for becoming a perpetrator of domestic 
violence as an adult. (Osofsky and Fenichel, 2000).
    Accordingly, the committee feels that States as well as 
individuals and entities focused on preventing and responding 
to these challenges, must have the resources and capacity to do 
so.

             III. Legislative History and Committee Action


                             Title I--CAPTA

    The first Federal programs specifically designed to address 
concerns regarding child abuse and neglect in this country were 
authorized under the Child Abuse Prevention and Treatment Act 
(Public Law 93-247), enacted in 1974. This legislation provided 
Federal financial assistance for identifying, preventing, and 
treating child abuse and neglect. The act has since been 
amended numerous times to improve the law. The Family Violence 
Prevention and Services Act, the Adoption Opportunities Act, 
and the Abandoned Infants Assistance Act also get reauthorized 
along with the Child Abuse Prevention and Treatment Act 
(CAPTA).
    The original CAPTA authorized the creation of the National 
Center on Child Abuse and Neglect (NCCAN) to help establish the 
parameters of the problem and to provide incentives for 
developing effective methods of treatment. The act also 
authorized demonstration grants and a State grant program for 
activities relating to preventing and treating child abuse and 
neglect. To be eligible for funding under the State grant 
program, States were required to establish systems for 
reporting and investigating child abuse and neglect and for 
providing immunity from prosecution for persons who report 
abuse or neglect.
    In 1978, the act was amended by Public Law 95-266, which 
extended the programs under the act through fiscal year 1981 
and, among other things, expanded NCCAN's grant making 
authority. It also required the establishment of research 
priorities and provided funds for the prevention and treatment 
of child sexual abuse. In response to concerns that Federal 
assistance was needed to help facilitate adoption of children, 
particularly those whose placement was constrained because they 
were older or disabled, the 1978 amendments also authorized 
through fiscal year 1981 a new adoption opportunities program 
to help eliminate barriers to adoption.
    In 1981, CAPTA and the Adoption Opportunities Act were 
extended through fiscal year 1983 under the Omnibus Budget 
Reconciliation Act (Public Law 97-35), and in 1984, the 
programs were extended through fiscal year 1987 under 
amendments to the Child Abuse Act (Public Law 98-457). The 1984 
amendments expanded NCCAN's responsibilities to include 
additional studies. The amendments required, as an additional 
criterion for eligibility for the State grant program, that 
States implement systems for responding to reports of medical 
neglect in cases involving severely disabled newborns. The 
amendments also authorized a new State grant program and other 
assistance to help States develop and run systems for 
responding to reports of medical neglect, including withholding 
of medically indicated treatment from disabled infants with 
life-threatening conditions. The 1984 amendments also 
authorized a new State demonstration program in the area of 
family violence prevention and services.
    The Child Abuse Prevention Federal Challenge Grants Act was 
enacted on October 12, 1984, as Title IV of Public Law 98-473, 
the continuing appropriations bill for fiscal year 1985. In 
enacting this legislation, the Congress found that, since 1980, 
certain States had begun to recognize the critical need for 
child abuse prevention efforts and had established Children's 
Trust Funds. These State funds were generated by surcharges on 
marriage licenses, birth certificates, and divorce actions, or 
by special indication on State income tax returns.
    At the time, no Federal funds were directed specifically 
toward assisting State efforts to prevent child abuse and 
neglect. When the legislation was enacted, 20 States had set up 
special funds for child abuse prevention. The kinds of programs 
supported by these special funding mechanisms ranged from 
classes on parenting and coping with family stress to statewide 
public education campaigns and special sexual abuse prevention 
training for children. The Challenge Grant program was 
developed to encourage all States to establish and maintain 
funds to support child abuse prevention projects. The number of 
States receiving funding under the Challenge Grant program 
increased from 33 States in fiscal year 1986, the first year of 
appropriations for the program, to 47 States, in fiscal year 
1990, which were awarded a total of $4,933,501.
    In 1986, CAPTA was amended by provisions of the Children's 
Justice and Assistance Act (Public Law 99-401), establishing a 
new State grant program for improving the administrative and 
judicial handling of child abuse cases, especially those 
involving child sexual abuse. Funding for this program is 
derived from fines collected from persons convicted of certain 
Federal offenses.
    In 1988, CAPTA was reauthorized (Public Law 100-294), 
extending its programs through fiscal year 1991. The 1988 
amendments also established a new interagency task force and a 
newly constituted Advisory Board on Child Abuse and Neglect.
    The Community-Based Family Resource and Support Grants 
(Title II of CAPTA) represent a consolidation and revamping of 
a number of programs Congress authorized over the past two 
decades. These include the Child Abuse Prevention Challenge 
Grants, the Emergency Child Abuse Prevention Services Grants, 
the Family Resource and Support Programs, the Temporary Child 
Care for Children with Disabilities and Crisis Nurseries 
Grants, and the Family Support Program of the McKinney Homeless 
Act.

       COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

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

            EMERGENCY CHILD ABUSE PREVENTION SERVICES GRANTS

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

              FAMILY RESOURCE AND SUPPORT CENTERS PROGRAM

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

                           1994 CONSOLIDATION

    Because the response to the Family Resource and Support 
program was so positive, Congress broadened the program and 
expanded it to all States in the Human Services Amendments of 
1994 (Public Law 103-352). The Human Service Amendments of 1994 
consolidated three programs into the new Community-Based Family 
Resource Programs, which was placed in Title II of CAPTA. Two 
of the consolidated programs had been part of CAPTA: the 
Emergency Child Abuse Prevention Services Grants (Section 107A 
of CAPTA), and the Community-Based Child Abuse and Neglect 
Prevention Grants (Title II of CAPTA). In addition, the 1994 
amendments consolidated the Family Resource and Support 
Program, which was part of the Claude Pepper Young Americans 
Act of 1990 (enacted as Title IX of the Augustus F. Hawkins 
Human Services Reauthorization Act of 1990).
    These amendments sought to establish and promote statewide 
networks of family support programs, using innovative 
approaches to blending funds and leveraging additional 
resources that were central to the Community-Based Child Abuse 
Prevention Grants. These programs were designed to operate with 
the same family support philosophy that was embedded in the 
Family Resource and Support program.
    This program was intended to further enhance the States' 
abilities to develop comprehensive networks of family support 
programs. The funding was required to supplement, rather than 
supplant, other State funding. The program encouraged States to 
leverage a broad array of public and private funding for the 
development of the networks.
    Congress intended that each State would choose an 
organization to act as the lead entity. The lead entity may 
differ from State to State, but in each State it is the most 
appropriate organization to carry out the mission of the 
program. The lead entity is required to demonstrate the ability 
to work with other State and community-based agencies to 
provide training and technical assistance, a commitment to 
parental participation in the design and implementation of 
family resource programs, the capacity to promote a statewide 
network of family resource programs, and the capacity to 
exercise leadership in implementing effective strategies for 
capacity building, and access to funding for family resource 
services across agencies.
    The program was included as Title II of the Child Abuse 
Prevention and Treatment Act and was authorized for only 1 year 
in order to put it on the same reauthorization cycle as the 
rest of CAPTA.
    In 1996, CAPTA was reauthorized (Public Law 104-235), 
extending its authorization through fiscal year 2001. The act 
made significant changes to better target abuse and neglect 
prevention resources to enhance the ability of States to 
respond to actual cases of abuse and neglect, and to 
consolidate and coordinate Federal data collection efforts in 
order to gain a better perspective on the trends of child abuse 
and neglect and find effective methods of prevention and 
treatment efforts.
    The 1996 amendments to CAPTA rewrote Title II of the act 
and renamed it the Community-Based Family Resource and Support 
Grants. The act further consolidated a number of small programs 
into the new program. The following programs were repealed as 
part of the consolidation: Community-Based Family Resource 
Programs, the Temporary Child Care for Children with 
Disabilities and Crisis Nurseries Grants, and the Family 
Support Program (under the McKinney Homeless Assistance Act).
    The Keeping Children and Families Safe Act of 2003 (P.L. 
108-36) was signed into law on June 25, 2003, reauthorizing 
CAPTA and related programs. The 2003 law included provisions 
designed to promote increased sharing of information and 
expertise between child protective service agencies and 
education, health, and juvenile justice systems, to encourage a 
variety of new training programs designed to improve child 
protection, and to improve communication and collaboration 
between child protective services workers and families who are 
part of a child abuse and neglect investigation. The law also 
included for-profits among the groups that may seek 
demonstration grant funds and receive technical assistance for 
programs related to treating or preventing child maltreatment. 
Additionally it required States that seek Basic State Grant 
Funds under CAPTA to meet a number of new assurances to be 
eligible for this funding.
    The Keeping Children and Families Safe Act of 2003 also 
reauthorized and increased the funding authority for two 
related programs: Adoption Opportunities and Abandoned Infants 
Assistance through 2008. A number of the changes in the 
Adoption Opportunities program were intended to eliminate 
barriers to the adoption of children across State and other 
jurisdictional boundaries.
    The HELP Subcommittee on Children and Families held a 
hearing entitled ``Protecting Children, Strengthening Families: 
CAPTA Reauthorization'' on June 26, 2008. At this hearing, 
committee members learned from the Centers for Disease Control 
and Prevention that children who experience abuse or neglect 
are at risk for future health problems and experience high 
rates of post-traumatic stress disorder, depression, isolation, 
self-destructive behaviors and comorbid problems including the 
use of tobacco, drugs, and alcohol, and neurological 
impairments. The committee also heard testimony from Karen 
Foley-Schain, Executive Director of the Connecticut Children's 
Trust Fund about Title II of CAPTA, Community-Based Grants for 
the Prevention of Child Abuse and Neglect; Caren Kaplan, 
Director of Child Protection Reform at the American Humane 
Association about differential response; and Tanya Long, a 
parent with Parents Anonymous' Inc. about how CAPTA 
services had helped her personally and about the importance of 
empowering parents.

                  Title II--Adoption Opportunities Act

    The Adoption Opportunities Act was originally enacted in 
1978 to encourage and provide for stable, supportive, and 
ultimately permanent homes for children and youth in the child 
welfare system.
    More recent reauthorizations have worked to further reduce 
barriers to adoption including through the use of better data 
collection and management processes; providing training and 
support to prospective adoptive parents and families; and most 
recently, on targeting assistance toward groups 
disproportionately represented in the child welfare system.

              Title III--Abandoned Infants Assistance Act

    The Abandoned Infants Assistance Act was first passed in 
1988 and authorizes demonstration grants to public and private 
nonprofit agencies for activities that prevent the abandonment 
of infants. The act provides for activities that identify and 
address the needs of abandoned infants, recruit and train 
foster families for abandoned children, provide residential 
care for infants and young children who cannot live with their 
families or be placed in family foster care, provide respite 
care for families and foster families, and recruit and train 
health and social services personnel to work with abandoned 
children. In selecting grantees, HHS must give priority to 
applicants in States that have procedures for expedited 
termination of parental rights and adoptive placement for 
infants who are determined under State law to be abandoned.
    The Abandoned Infants Assistance Act Amendments of 1991 
(P.L. 102-236) extended the Abandoned Infants Act through 
fiscal year 1995 and authorized new residential service centers 
to provide support to infants, and young children and their 
natural, foster, and adoptive families.
    In 1996, the Abandoned Infants Assistance Act was 
reauthorized alongside of CAPTA by (Public Law 104-235). The 
act directed the Secretary to give priority in making grants to 
applicants in States that have developed and implemented 
proceedings for expedited termination of parental rights and 
placement for adoption of infants determined to be abandoned 
under State law.
    The Keeping Children and Families Safe Act of 2003 (P.L. 
108-36) reauthorization required grantees to ensure that 
priority for their services was given to abandoned infants and 
young children who have life threatening illness or other 
special needs (while also continuing the prior law priority for 
abandoned infants and young children who are HIV-infected, 
perinatally exposed to HIV, or perinatally drug-exposed). The 
2003 law also required HHS to conduct a study of the scope of 
abandonment of infants and young children in the Nation and it 
required HHS to evaluate and report on effective methods of 
intervening to prevent abandonment of children and to better 
serve abandoned children.

         Title IV--Family Violence Prevention and Services Act

    The Family Violence Prevention and Services Act (P.L. 98-
457) was enacted in 1984 to assist States and Indian tribes to 
prevent family violence, to provide immediate shelter for 
victims of family violence and their dependents, and to provide 
technical assistance and training relating to family violence 
programs. The programs under the act were administered by the 
Administration for Children, Youth, and Families of the 
Department of Health and Human Services. The act authorized 
three grant programs: (1) demonstration grants to States (and 
Indian tribes) for prevention programs, shelters and related 
assistance; (2) law enforcement training and technical 
assistance grants for regionally based programs; and (3) 
information and training grants to foster cooperation between 
law enforcement agencies, domestic violence shelters, social 
service agencies and hospitals.
    The 1984 Family Violence Prevention and Services Act also 
authorized a national information and research clearinghouse on 
the prevention of family violence (including the abuse of 
elderly persons) and a family member abuse information and 
documentation project to provide for objective documentation of 
data on the victims of family violence.
    The Violent Crime Control and Law Enforcement Act of 1994 
amended the FVPSA to authorize a grant for the operation of a 
national toll-free telephone hotline to provide information and 
assistance to victims of domestic violence. The amendments also 
authorized appropriations for battered women's shelters, as 
well as for the selection, implementation, and evaluation of 
four model programs to educate youth about domestic violence 
and violence among intimate partners.
    Other changes set forth by Subtitle B of the Violence 
Against Women Act (VAWA) include the requirement that grant 
applications incorporate a plan to address the needs of 
underserved populations and that State grantees file a report 
explaining and assessing the activities funded by the grants. 
Additionally, the VAWA provided for the continued support of 
grants to nonprofit private organizations to provide training 
and technical assistance and foster collaborations among 
governmental systems that impact battered women.
    FVPSA also authorized the Domestic Violence Prevention 
Enhancement and Leadership and Leadership Through Alliances 
(DELTA) program, which provides grants to nonprofit private 
organizations that coordinate community projects for 
intervening and preventing domestic violence.
    The 2003 reauthorization made minor changes to the law and 
required HHS to support demonstration programs providing 
services to children who witness domestic violence and 
providing training for those who work for these children, if 
sufficient funds were made available.

           IV. Explanation of Legislation and Committee Views

    Reauthorizing CAPTA, FVPSA, the Abandoned Infants 
Assistance Act, and the Adoption Opportunities Act are critical 
steps in helping communities better meet the needs of abused 
and neglected children as well as adult victims of abuse, 
neglect and maltreatment. Accordingly, this reauthorization 
enables States to provide high-quality prevention services to 
reduce abuse and neglect and better address the unique needs of 
at-risk populations, including children with disabilities and 
members of minority and ethnic groups.
    Consistent with these efforts, through this reauthorization 
the committee has three primary goals: (1) to improve data 
collection to improve program operation over time; (2) to 
improve systems for training and supporting individuals who 
identify, prevent, and respond to reports of abuse, neglect, 
and maltreatment; and (3) to strengthen coordination among 
service providers working to address the challenges associated 
with child abuse, neglect, and maltreatment as well as domestic 
violence and dating violence.
    Each of these enhancements will improve systems for 
training and supporting individuals charged with identifying, 
preventing, and responding to reports of incidence of abuse, 
neglect, and maltreatment; stronger coordination among service 
providers; and a renewed focus on the need to respond to the 
conditions that lead to abuse, neglect, and maltreatment.

           Title I--Child Abuse Prevention and Treatment Act


                 NON-ABUSING PARENT AND CHILD EXPOSURE

Section 104(a), 105(a), 106(a), 206(a)

    The committee is aware of circumstances in which a non-
abusing parent or caregiver, who is a victim of domestic 
violence, is assumed, for the intent of a Child Protective 
Services (CPS) evaluation of the child's safety, to be abusing 
or neglecting his or her child due to such child's exposure to 
domestic violence. The committee believes that this is not in 
keeping with best practices, and that it is not always in the 
child's best interest to make such a determination based on 
those factors.
    According to the New York State Court of Appeals' finding 
in Nicholson v. Scoppetta (2004), a State agency may not find 
``a respondent parent responsible for neglect based on evidence 
of two facts only: that the parent has been the victim of 
domestic violence, and that the child has been exposed to that 
violence.'' Treating a non-abusing parent as a perpetrator of 
child abuse or neglect often results in the separation of a 
child from the non-abusing parent. Research has shown that this 
separation can be harmful to the child. In 2004 Dr. David 
Pelcovitz of Yeshiva University stated that ``taking a child 
whose greatest fear is separation from his or her mother and in 
the name of `protecting' that child by forcing on them, what is 
in effect, their worst nightmare . . . is tantamount to pouring 
salt on an open wound.''
    The committee therefore encourages State child protective 
service systems to work with domestic violence service 
providers to identify best practices in early intervention 
measures that address the needs of children exposed to domestic 
violence and their non-abusing parents.

Section 105(a)

    The committee encourages States to use funding under this 
section for grants to nonprofit and public organizations for 
programs that train non-offending adults in prevention, 
recognition, and response to child sexual abuse. The committee 
encourages such prevention programs to be evidence-based.

                         DIFFERENTIAL RESPONSE

    Differential response is a State or community-determined 
formal response that assesses the needs of the child or family 
without requiring a determination of risk or occurrence of 
maltreatment. Such response occurs in addition to the 
traditional investigatory response.
    The committee intends that the Secretary of Health and 
Human Services not proscribe by regulation or guidance a 
specific practice or narrowing of acceptable practices for 
differential response. Given the dissatisfaction with 
traditional Child Protective Services (CPS) practices and the 
growing recognition of the importance of engaging families to 
improve parenting practices, the committee intends to encourage 
States to use the differential response model, also known as 
``dual tracking,'' ``system of care,'' ``multiple track,'' or 
``alternative response.'' These models are viewed as effective 
practices to allow for more than one method of response to 
reports of child abuse and neglect.
    The committee understands that states greatly vary in their 
definition and implementation of differential response, and the 
committee does not intend for the definition of differential 
response to limit child protection reforms across State and 
county systems. The committee intends to encourage States, as 
best fits their needs, to utilize some or all of the core 
elements that distinguish differential response models from the 
traditional CPS models. The core elements are the field's best 
attempt to define a true differential response model and 
distinguish the true model from what some States may define as 
differential response but may lack some of these core elements.
    Core elements that have been identified by the 2006 
National Study of Differential Response in Child Welfare 
include:
          (1) the use of two or more discrete responses to 
        reports of maltreatment that are screened in and 
        accepted by the child protection agency for response;
          (2) pathway assignment determined by a variety of 
        factors that may include presence of imminent danger, 
        level of risk, the number of previous reports, among 
        others;
          (3) pathway assignment is flexible and can be changed 
        with additional information;
          (4) ability of families who receive a non-
        investigatory response to accept or refuse to 
        participate in differential response;
          (5) voluntary services for families who receive a 
        non-investigatory response, as long as safety of child 
        is not compromised;
          (6) establishment of discrete responses is codified 
        in State statute, protocols, and policies;
          (7) no formal determination, such as substantiation 
        or finding of abuse or neglect, that child maltreatment 
        has occurred is necessary for differential response; 
        and
          (8) a differential use of the central registry, 
        depending on the type of response so that there is no 
        identification of individuals served through a 
        noninvestigation family assessment.

    The committee acknowledges the differential response model 
in Minnesota as a well-researched and implemented model. 
Minnesota's program focuses on the importance of building a 
culture of organizational change that rewards innovation. In 
lieu of an adversarial relationship with families, Minnesota's 
county public child protection and community-based agencies 
form partnerships with families who come to the attention of 
child protective services in order to be most responsive in the 
identification and delivery of needed services.
    A 2004 longitudinal evaluation of the Minnesota 
``alternative response'' model concluded that child safety was 
not compromised and that the safety of children improved when 
the alternative response model was used. Families who received 
the alternative response pathway were less likely to have new 
reports of child maltreatment reports when compared to the 
control families in the study who received the traditional 
investigation process. In addition, families more often 
reported that they were treated in a friendly and fair manner, 
that CPS workers listened to them, that they were involved in 
decisionmaking and case planning, and that they felt that they 
had benefited from the intervention.

   DISCLOSURE OF INFORMATION ON CHILD FATALITIES AND NEAR FATALITIES

    The committee believes that the duty of child protective 
services, required in CAPTA Sec. 106(b)(2)(x), to provide for 
the mandatory public disclosure of information about a case of 
child abuse or neglect which has resulted in a child fatality 
or near fatality ensures improved accountability of protective 
services and can drive appropriate and effective systemic 
reform. However, the committee is aware that not all States are 
in compliance with these CAPTA requirements. The committee 
calls upon the Secretary of Health and Human Services to 
develop clear guidelines in the form of regulations instructing 
the States of the responsibilities under CAPTA to release 
public information in cases of child maltreatment fatalities 
and near fatalities, and to provide technical assistance to 
States in developing the appropriate procedures for full 
disclosure of information and findings in these cases.

                           CROSS-JURISDICTION

    Child maltreatment does not respect State lines. Given the 
mobility of our society, it is not unusual for an incident of 
maltreatment to occur in a State other than the one which the 
child or perpetrator resides. Testimony before the U.S. House 
of Representatives indicates that interstate jurisdictional 
complications can arise and may result in legitimate child 
abuse cases being screened out solely on a technicality. 
Congress recognizes that no incident of child maltreatment 
should go ignored simply due to such complications and 
encourages the Secretary to examine this important issue to 
ensure abused children are not being ignored for bureaucratic 
reasons. Rather what is most important is protecting children. 
The Congress has added important provisions to CAPTA to help 
address this issue assisting States with conducting research 
and requiring them to consider developing recommendations which 
address concerns involving reports with a potential combination 
of jurisdictions.

                               REPORTING

    The committee amended section 106(b)(2)(A)(i) to codify 
Regulation 1340.14, a long-standing regulation that requires 
States, as a condition of eligibility for CAPTA funds, to have 
a law mandating reporting by specified individuals of known and 
suspected instances of child abuse and neglect. It would be the 
responsibility of each State to identify the categories of 
individuals who would be subject to such reporting 
requirements. This regulation also requires by statute or 
administrative procedure that all other persons are permitted 
to report known and suspected instances of child abuse and 
neglect to a child protective agency or other properly 
constituted authority. The committee does not intend for this 
amendment to alter the interpretation of the existing 
regulation.

Sec. 110. Reports

    The committee is concerned by reports of lawsuits filed 
against professionals who cooperate or assist with the filing 
of a mandatory report or provide consultation services to 
health care providers, investigators, child welfare agencies, 
or law enforcement. CAPTA requires each State to have a law 
protecting mandatory reporters who act in good faith from 
prosecution under State and local laws. However, this provision 
does not protect non-reporting professionals involved with 
child maltreatment investigation. Washington State has amended 
its legal codes to extend protection from prosecution to 
professionals who consult with mandatory reporters on child 
abuse cases. The committee directs the Secretary to conduct a 
study, in consultation with experts in the provision of 
healthcare, education, law enforcement, and local child welfare 
administration, that examines how provisions for immunity from 
prosecution under State and local laws and regulations 
facilitate and inhibit individuals from cooperating, 
consulting, or assisting in making good faith reports, 
including mandatory reports, of suspected or known instances of 
child abuse or neglect, including mandatory reports. Within 1 
year of the date of enactment, the committee directs the 
Secretary to make recommendations for statutory or regulatory 
changes the Secretary determines appropriate.

Sec. 113. Rule of Construction

    The committee believes the Rule of Construction, should not 
be interpreted to discourage the reporting of incidences of 
child abuse or neglect to child protective services, nor to 
exempt any child from State reporting requirements. [The 
committee also believes the rule of construction in section 113 
as written in current law should be enforced.]

Section 119. Definition of child abuse and neglect

    In 1996, the Federal definition of ``child abuse and 
neglect'' in CAPTA was amended to include the words ``serious'' 
and ``recent'' as modifiers of findings of child maltreatment. 
According to the Senate report (S. Report 104-117), this change 
was made to set a clear Federal minimum standard for States to 
define child abuse and neglect. Also according to the committee 
report, ``In using the word ``recent'' as a qualifier to 
parental action or inaction which constitute child 
maltreatment, the committee does not intend that States should 
limit their authority in situations where past evidence may 
suggest that children are still at risk.'' The committee 
continues to support that interpretation of the word ``recent'' 
for the purposes of this definition.
    Since the 1996 reauthorization, many States have maintained 
or expanded their State definitions and practices to allow 
State child protective systems and others to focus on early 
intervention in the protection of children who have been 
maltreated or are at risk of more serious abuse or neglect. In 
approximately 38 States and American Samoa, Guam, the Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands, the 
definition of abuse also includes acts or circumstances that 
threaten the child with harm or create a substantial risk of 
harm to the child's health or welfare.
    Florida, for example, has a definition for ``physical 
abuse'' that references threatened acts and acts that are 
likely to cause a child's physical, mental, or emotional health 
to be significantly impaired which could allow for early 
intervention services in the protection of children. Florida's 
definition of ``physical abuse'' is:
          ``Abuse means any willful act or threatened act that 
        results in any physical, mental, or sexual injury or 
        harm that causes or is likely to cause a child's 
        physical, mental, or emotional health to be 
        significantly impaired. Abuse of a child includes acts 
        or omissions. Harm to a child's health or welfare can 
        occur when a person: inflicts or allows to be inflicted 
        upon the child physical, mental, or emotional injury, 
        purposely gives a child poison, alcohol, drugs, or 
        other substances that substantially affect the child's 
        behavior, motor coordination, or judgment or that 
        result in sickness . . . (Ann. Stat. Sec. 39.01)'' 
    Alabama, defines physical abuse to mean ``harm or 
threatened harm to the health or welfare of a child through: 
Nonaccidental physical injury; Sexual abuse or attempted sexual 
abuse; Sexual exploitation or attempted sexual exploitation.'' 
Ala. Code Sec. 26-14-1(1)-(3).
    Iowa considers child abuse or neglect to mean ``any 
nonaccidental physical injury, or injury that is at variance 
with the history given of it, suffered by a child as the result 
of acts or omissions of a person responsible for the care of 
the child.'' Ann. Stat. Sec. 232.68.
    Michigan defines child abuse to mean ``harm or threatened 
harm to a child's health or welfare that occurs through 
nonaccidental physical or mental injury, sexual abuse, sexual 
exploitation, or maltreatment by a parent, a legal guardian, or 
any other person responsible for the child's health or welfare 
or by a teacher, a teacher's aide, or a member of the clergy.'' 
Additionally, severe physical injury means ``an injury to the 
child that requires medical treatment or hospitalization and 
that seriously impairs the child's health or physical well-
being.'' Comp. Laws Sec. Sec. 722.622; 722.628(3)(c). 
    In Washington abuse or neglect means ``the injury of a 
child by any person under circumstances that cause harm to the 
child's health, welfare, or safety, or the negligent treatment 
or maltreatment of a child by a person responsible for or 
providing care to the child.'' Rev. Code Sec. Sec. 26.44.020; 
26.44.030; 9A.16.100. 
    As in prior years, the most recent annual U.S. Department 
of Health and Human Services' Child Maltreatment report from 
2008 shows that neglect cases comprise the majority of 
maltreatment reports nationwide. In the 2008 report, 70 percent 
of the victims suffered neglect, more than 15 percent of the 
victims suffered physical abuse, and less than 10 percent of 
the victims suffered from psychological maltreatment.
    Child neglect, particularly chronic neglect, is a difficult 
issue for child welfare workers and other mandatory reporters 
to discover because the multiple, chronic, and long-term 
problems that occur are not compatible with the short-term, 
crisis-oriented approaches of the incident-driven system.
    The committee recognizes that the most insidious 
maltreatment--the cumulative harm to the child who experiences 
chronic neglect--can harm the development of the brains of 
infants and small children and impair cognitive and sensory 
growth. The unremitting daily impact of these experiences on 
the child can be profound and exponential, and diminish a 
child's sense of safety, stability and well-being.
    Although the committee makes no changes to the Federal 
definition of neglect, the committee encourages States to 
carefully examine their State laws, policies, practices, and 
procedures to ensure that children are protected from abuse and 
neglect.
    The committee also recognizes that child protective 
agencies are increasingly focused on providing preventive 
services and the use of differential response to better address 
the needs of families and children for support and assistance. 
Accordingly, the committee encourages the Secretary to work 
closely with States in providing best practices, technical 
assistance, and guidance on how best to develop differential 
response systems so that more preventative services can be 
offered by States to help reduce the incidence of child abuse 
and neglect, advance the knowledge base on how best to 
intervene appropriately in cases of neglect, and respond 
thoughtfully to the needs of children and families involved in 
these circumstances.

Section 106(b)(2)(A)(xviii) and (xix)

    In the 2003 reauthorization of CAPTA (P.L. 108-36), 
Congress added a number of provisions aimed at ensuring that 
State child welfare systems use best practices that incorporate 
representatives of the child protective service system 
respecting the legal rights of children and families, while 
continuing to ensure the safety of children. Section 
106(b)(2)(A)(xviii) and (xix) required States, as a condition 
for eligibility of CAPTA funds, to have procedures and 
provisions such that representatives of child protective 
services agencies advise individuals of the complaints or 
allegations made against them (in a manner consistent with laws 
protecting the rights of the informant) as well as specific 
training for such representatives regarding their legal duties 
in order to protect the ``legal rights and safety of children 
and families from the initial time of contact during 
investigation through treatment.'' P.L. 108-36 also authorized 
the Secretary, under section 105(a)(1) to make grants for the 
training of personnel in best practices that promote 
collaboration with families from the initial contact as well as 
training of personnel regarding their legal duties to protect 
the legal rights of children and families. The committee 
continues to believe that investigations can be traumatic and 
disruptive to children and families, and while they are 
essential for ensuring a child's safety, care should be taken 
to limit the trauma children and families undergo during these 
investigations.

Section 201

    The committee encourages States to use funding under this 
section to offer training for child protective services 
personnel in best practices to prevent, recognize and react 
responsibly to child sexual abuse, and that such programs be 
evidence-based.

                  Title II--Adoption Opportunities Act


DISPROPORTIONATE REPRESENTATION OF AFRICAN-AMERICAN AND OLDER CHILDREN 
                       IN THE FOSTER CARE SYSTEM

    The committee is aware of the disproportionate 
representation of older children, African-American children, 
and children with disabilities in foster care throughout the 
country. The committee encourages States and localities to take 
appropriate steps to meet this critical challenge and provide 
better opportunities for these children to find stable and 
supportive homes.
    Presently, there are more than 420,000 children in foster 
care and a disproportionate number of these children are 
African-American. Despite representing less than 15 percent of 
the U.S. population under the age of 18, African-American 
children comprise more than 30 percent of the children who were 
in foster care in 2009. According to the U.S. Department of 
Health and Human Services, of the 420,000 children in foster 
care in 2009, 40 percent were white and 30 percent were black; 
however, of the 276,000 children who exited foster care during 
fiscal year 2009, 43 percent were white and only 27 percent 
were black. Additionally, 38 percent of the children in foster 
care who were waiting to be adopted were white and 30 percent 
were black, but just 25 percent of children adopted with public 
child welfare agency involvement during fiscal year 2009 were 
black, while 44 percent were white.
    Similarly, older youth are disproportionately represented 
in the foster care system. Youth 14 to 17 years of age 
represent 23 percent of the national under age 18 population, 
but in 2009 of the children in foster care under age 18, 30 
percent were 14 to 17 years of age. Youth in that age group 
represented just 7 percent of the children adopted from the 
public foster care system in 2009. Further, the number of 
children who ``emancipate'' from foster care--that is, leave 
State foster care custody due to reaching the age of majority 
rather than placement with a permanent family--grew from a 
little more than 20,000 in 2000 to more than 29,000 in 2009. 
Generally, teenagers are less likely to be adopted or placed 
with relatives as they get older and are more likely to run 
away and exit by reaching the age of majority or some other 
pathway, such as independent living. Accordingly, the committee 
believes that States, as well as State and local agencies, 
should work to ensure that every child has access to permanent, 
continuous, and nurturing relationships with caring adults. The 
committee encourages State systems and local providers to work 
to increase the permanency of African-American children, older 
children, and children with special needs.

         Title IV--Family Violence Prevention and Services Act


            RACIAL AND ETHNIC MINORITIES, SECTION 302(A)(9)

    The committee recognizes that the term ``underserved 
populations'' includes racial and ethnic minority groups that 
have unique cultural and linguistic needs. In order to meet the 
need for services in these communities, family violence 
services are often provided by programs other than traditional 
domestic violence service providers, either through 
partnerships or referrals to specialized providers. The 
committee believes that when services are not available through 
the traditional service provider, the use of partnerships is a 
vital way to serve all victims of domestic violence. Because 
these specialized providers are such an important component of 
a comprehensive family violence service and prevention system, 
it is the committee's intent that these programs continue to be 
eligible for FVPSA grant funding.

         CULTURALLY APPROPRIATE SERVICES, SECTION 308(B)(2)(E)

    The committee intends that services provided by the State 
respond to the needs of racial and ethnic minorities, including 
through the provision of culturally and linguistically 
appropriate services for such populations.

            CHILD EXPOSURE TO DOMESTIC VIOLENCE, SECTION 312

    The committee intends that children who are exposed to 
domestic violence are eligible to receive services under FVPSA 
that respond to the effects of exposure, including those 
provided in coordination with services for non-abusing parents 
or caretakers and targeted domestic violence prevention 
activities. According to the American Journal of Health and 
Behavior, Is Adolescent Sibling Violence a Precursor to College 
Dating Violence? (2003), and the Journal of Interpersonal 
Violence, Violent Childhood Experiences and the Risk of 
Intimate Partner Violence in Adults (2008), adolescent girls 
exposed to domestic violence are significantly more likely than 
their non-exposed peers to become victims of domestic violence, 
and adolescent boys exposed to domestic violence are four times 
more likely than their non-exposed peers to perpetrate domestic 
violence.

        RELIGIOUS AND FAITH-BASED COMMUNITIES, SECTION 302(A)(9)

    The committee intends that all victims of domestic violence 
have access to immediate emergency shelters and supportive 
services. Many religious and faith-based communities provide 
immediate emergency shelter as part of their outreach mission, 
and the committee encourages domestic violence service 
providers to continue to work with these providers in their 
geographic region to ensure that all victims have access to 
immediate emergency shelter and supportive services.

              COORDINATED COMMUNITY RESPONSE, SECTION 314

    The committee intends that ``coordinated community 
response'' means an organized effort, such as a task force, 
coordinating council, or coalition of entities operating in a 
defined geographical area, representing an array of service 
providers responding to the needs of domestic violence 
populations in such area. The purpose of a ``coordinated 
community response'' is to prevent domestic violence and 
coordinate services to victims of domestic violence and their 
families by integrating strategies and services through 
increased communication, cooperation, and coordination of 
participants and providers. Participating entities can include 
law enforcement agencies, advocacy organizations, health care 
providers, child protection services, and other private and 
public entities. Coordination helps to ensure that the system 
works optimally; victims are protected and receive the services 
they need; perpetrators are held accountable and cease their 
abusive behavior; and communities become engaged in efforts to 
change the social norms and attitudes that contribute to 
domestic violence.

                 NON-ABUSING PARENT, SECTIONS 308, 312

    Parents who are abused often face stigma or a lack of 
understanding about their needs and the needs of their 
children. In some cases, parents who have been abused have, in 
an overabundance of caution, subsequently been accused of 
abusing, neglecting, or mistreating their children. According 
to the Bureau of Justice Assistance of the U.S. Department of 
Justice, over 50 percent of female victims of domestic violence 
live in households with at least one child under the age of 12. 
Furthermore, according to the National Council of Juvenile and 
Family Court Judge's Green Book (1999), the goal in all 
incidents of domestic violence should be to create safety, 
enhance well-being, and provide stability for the victims of 
such violence and their dependents.The Green Book states that, 
in order to preserve these goals, it is in the best interest of 
the dependent and the victim to keep children with their non-
abusing parents. Accordingly, the committee believes that 
States and State agencies should take into account current best 
practices when intervening in a violent situation in order to 
reduce stigma and ensure that the best interests of the child 
are fully met.

                            V. Cost Estimate

Hon. Tom Harkin,
Chairman, Committee on Health, Education, Labor, and Pensions
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3817, the CAPTA 
Reauthorization Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jonathan 
Morancy.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.
    S. 3817 would authorize appropriations for 2011 through 
2015 and amend the following four statutes dealing with child 
welfare.
           The Child Abuse Prevention and Treatment 
        Act,
           The Family Violence Prevention and Services 
        Act,
           The Child Abuse Prevention and Treatment and 
        Adoption Reform Act of 1978, and
           The Abandoned Infants Assistance Act of 
        1988.
    CBO estimates that implementing the bill would cost about 
$2 billion over the 2011-2015 period, assuming appropriation of 
the estimated amounts. Pay-as-you-go procedures do not apply to 
this legislation because it would not affect direct spending or 
revenues.
    S. 3817 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3817 is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year in millions of dollars--
                                                         -------------------------------------------------------
                                                            2011     2012     2013     2014     2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONChild Abuse Prevention and Treatment:
    Estimated Authorization Level.......................      202      204      207      211      215     1,039
    Estimated Outlays...................................       69      168      197      202      206       842
Family Violence Prevention and Services:
    Authorization Level.................................      185      185      185      185      185       925
    Estimated Outlays...................................       63      153      177      179      179       751
Adoption Reform:
    Estimated Authorization Level.......................       40       41       41       42       43       207
    Estimated Outlays...................................       14       34       39       40       41       168
Abandoned Infants Assistance:
    Estimated Authorization Level.......................       45       46       48       51       55       245
    Estimated Outlays...................................       15       38       45       47       50       195
Total Changes:
    Estimated Authorization Level.......................      472      476      481      489      498     2,416
    Estimated Outlays...................................      161      393      458      468      476     1,956
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For the purposes of this estimate, CBO 
assumes that S. 3817 will be enacted by the end of 2010, that 
amounts authorized and estimated to be necessary will be 
appropriated for each fiscal year beginning with fiscal year 
2011, and that outlays will follow historical spending patterns 
for similar programs.

Child Abuse Prevention and Treatment

    The Child Abuse Prevention and Treatment Act (CAPTA) would 
authorize formula grants to States for child protective 
services and child welfare systems based in the community. 
Additionally, the bill would authorize funding for competitive 
grants for research and demonstration projects. The bill would 
authorize the appropriation of $200 million in 2010 and such 
sums as are necessary for 2011 through 2015. (Because fiscal 
year 2010 is completed, this estimate does not reflect any 
impact for that year.) Adjusting for inflation for 2011 through 
2015, CBO estimates that implementing S. 3817 would increase 
spending by $842 million over the 2011-15 period, assuming 
appropriation of the estimated amounts.

Family Violence Prevention and Services

    The Family Violence Prevention and Services Act would help 
States prevent domestic violence, provide services to people 
who have suffered from such violence, and assist with technical 
assistance and training at the State and local levels. The bill 
would authorize $185 million per year for formula grants to 
States and tribes, the national domestic violence hotline, and 
other purposes. CBO estimates that implementing this bill would 
increase spending by $751 million for family violence 
prevention over the 2011-15 period, assuming appropriation of 
the authorized amounts.

Adoption Reform

    The Child Abuse Prevention and Treatment and Adoption 
Reform Act of 1978 would provide funding for the promotion of 
adoption, particularly of special needs children, as well as 
other activities. The bill would authorize the appropriation of 
$40 million in 2010 and such sums as are necessary for 2011 
through 2015. Adjusting for inflation, CBO estimates that 
implementing S. 3817 would increase spending by approximately 
$170 million over the 2011-15 period, assuming appropriation of 
the estimated amounts.

Abandoned Infants Assistance

    The Abandoned Infants Assistance Act of 1988 would allow 
the Department of Health and Human Services to provide grants 
to public and private nonprofit organizations. Those grants 
could be used to demonstrate methods for such activities as 
preventing child abandonment, recruiting foster families, and 
running residential care programs. S. 3817 would authorize the 
appropriation of $45 million in 2010 and such sums as are 
necessary for 2011 through 2015. Adjusting for inflation, CBO 
estimates that this bill would increase spending by 
approximately $200 million for abandoned infant assistance over 
the 2011-15 period, assuming appropriation of the estimated 
amounts.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 3817 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Grant funds authorized in the bill would 
benefit State, local, and tribal governments. Any costs those 
governments incur, including matching funds, would result from 
complying with conditions of federal assistance.
    Estimate prepared by: Federal costs: Jonathan Morancy; 
Impact on State, local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the private sector: Sarah Axeen.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    VI. Regulatory Impact Statement


                          A. REGULATORY IMPACT

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

Impact on individuals and businesses

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

Impact on personal privacy and paperwork

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

                     B. UNFUNDED MANDATES STATEMENT

    Estimated impact on State, local, and Tribal Governments: 
According to the Congressional Budget Office, the bill contains 
no intergovernmental mandates as defined in the Unfunded 
Mandates Reform Act (UMRA). The bill places several new 
requirements and limitations on State programs as conditions of 
receiving assistance. For example, the bill requires States to 
have policies and procedures to have triage for the referral of 
a child not at imminent risk of harm to a community or 
voluntary child maltreatment prevention service; to improve the 
training, retention, and supervision of caseworkers; to have 
procedures (including appropriate referrals to CPS systems and 
for other appropriate services) to address the needs of infants 
born and identified with illegal substance abuse or withdrawal 
symptoms resulting from prenatal drug exposure; to require 
disclosures of confidential information to any Federal, State, 
or local government entity, or any agent of such entity, that 
has a need for such information in order to carry out its 
responsibilities under law to protect children from abuse and 
neglect; to require that a representative of the CPS agency 
shall, at the initial time of contact with the individual 
subject to a child abuse and neglect investigation, advise the 
individual of the complaints or allegations made against the 
individual, in a manner that is consistent with laws protecting 
the rights of the informant; and, to require background checks 
on all adults in prospective foster care households. The 
committee has determined that there may be increased demands 
upon States due to the new conditions for assistance under 
section 106. However, the committee believes it is appropriate 
to require such new conditions given the state of the Nation's 
CPS system and its mission to protect children from abuse and 
neglect.

                        VII. Legislative Impact

    The committee has determined that there is no legislative 
impact.

                   VIII. Section-by-Section Analysis


Section 1. Short title

    This Act may be cited as the ``CAPTA Reauthorization Act of 
2010.''

           Title I--Child Abuse Prevention and Treatment Act


Section 101. Findings

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

Subtitle A--General Program

Section 111. Advisory board

    Section 111 modifies the law to ensure that tribes are 
represented on the advisory board.

Section 112. National Clearinghouse

    Section 112 of the bill modifies paragraphs 1-5 to ensure 
that the Clearinghouse maintains all programs that have 
demonstrated success. The section includes references to 
differential response and new language directing the Secretary 
to collect and disseminate information in conjunction with the 
national resource centers authorized in the Family Violence 
Prevention and Services Act.

Section 113. Research and Assistance Activities

            Research
    Section 113 of the bill amends the law by directing the 
Secretary to include the following research topics: (1) 
Assistance to infants or toddlers who experience child abuse or 
neglect together with their parents or primary caregivers in an 
effort to improve the relationship; (2) Evaluation and 
dissemination of best practices around how to meet the needs of 
special populations; (3) Comprehensive services that promote 
collaboration between the child protective service system, the 
medical community, and providers of early childhood 
intervention services and special education for children who 
have been victims of child abuse or neglect; and (4) Effective 
collaborations, between the child protective system and 
domestic violence service providers.
    This section also directs the Secretary to conduct a study 
on Shaken Baby Syndrome.
    The section includes new language encouraging the provision 
of support and services to nonabusing parents in cases where 
children are exposed to domestic violence.
            Technical assistance
    This section also directs the Secretary to provide 
technical assistance to providers of mental health, substance 
abuse treatment, and domestic violence prevention services 
along with the existing agencies and organizations. This 
section also adds substance abuse and domestic violence 
services personnel to the list of personnel the Secretary may 
provide training information.
            Peer review for grants
    This section prohibits the Secretary from appointing any 
individual who is an officer or an employee of the 
Administration for Children and Families to the peer review 
panel. It also establishes criteria for such panels, including 
a requirement that the panel meets at least once a year and 
uses scientifically valid review criteria and scoring 
guidelines.

Section 114. Grants to States, Indian Tribes or Tribal Organizations, 
        and public or private agencies and organizations

    Section 114 of the bill updates section headings to clarify 
the inclusion of Indian Tribes or Tribal Organizations as 
eligible entities. It also modifies grant purposes to include 
the following purposes:
          (1) Training personnel in best practices to meet the 
        needs of children with disabilities;
          (2) Training personnel in childhood development, 
        including the unique needs of children under age 3;
          (3) Agencies that provide early intervention 
        services; and
          (4) Training personnel in differential response best 
        practices.
    This section amends mutual support programs to include 
leadership programs in addition to mutual support and self-help 
programs. It also removes the limitation of 10 State grants for 
kinship care programs, thereby authorizing the Secretary to 
award additional grants when funds are available. It adds a 
section to authorize the Secretary to award grants to agencies 
or organizations who expand effective collaborations between 
child protective service entities and domestic violence service 
entities.

Section 115. Grants to States for child abuse or neglect prevention and 
        treatment programs

    Section 115 of the bill modifies section 106 of the law to 
ensure all States have the capacity to provide services and 
improve their child protective services systems. Modifications 
include: (1) enhancing the general child protective system by 
including the use of differential response systems; (2) 
improving training protocols for mandated reporters by 
developing and facilitating the use of research-based 
strategies; (3) supporting collaboration by enhancing 
interagency communication among public health agencies, 
agencies in the child protective service system, and agencies 
carrying out private community-based programs; (4) implementing 
procedures for collaboration in investigations, interventions, 
the delivery of services and treatment provided to children and 
families; (5) the provision of services that assist children 
exposed to domestic violence; and (6) supporting the caregiving 
role of non-abusing parents.
    This section includes language acknowledging the 
correlation between incidents of abuse, neglect, and 
maltreatment and alcohol abuse, as frequently manifested 
through Fetal Alcohol Spectrum Disorder. The modifications 
encourage better coordination and collaboration among 
organizations serving these populations in efforts to increase 
efficiency, maximize resources and minimize rates of future 
incidents.
    States are directed to implement systems to track reports 
of child abuse and neglect from intake to disposition, and 
provide an assurance or certification that programs and 
training address the unique needs of unaccompanied homeless 
youth, including access to enrollment and support services. 
This section also modifies language to include adult former 
victims of child abuse or neglect among members of citizen 
review panels.

Section 116. Grants to States for programs relating to the 
        investigation and prosecution of child abuse and neglect cases

    Section 116 of the bill amends section 107 of the law to 
clarify that grants designed to develop, establish, and operate 
programs regarding the investigation and prosecution of child 
abuse and neglect cases should be handled in ways that limit 
additional trauma to the child and the child's family.
    This section modifies the State task force to include adult 
former victims of child abuse or neglect and individuals 
experienced in working with homeless children and youth (as 
defined in section 725 of the McKinney-Vento Homeless 
Assistance Act). It also requires the State task force to focus 
its efforts on improving the prompt and successful resolution 
of legal proceedings and administrative action in child abuse 
and neglect cases.

Section 117. Miscellaneous requirements

    Section 117 of the bill amends section 108(d) of the law to 
express the intent for the Secretary to encourage all States 
and entities that receive grants under this title to ensure 
that children and families with limited English proficiency are 
served in ways that are linguistically appropriate and to 
ensure that individuals with disabilities are served in ways 
that are appropriate to their disabilities.

Section 118. Reports

    Section 118 of the bill modifies section 110 of the law, 
modifying the frequency with which the Secretary shall submit a 
report on efforts to coordinate the objectives and activities 
of agencies and organizations responsible for programs and 
activities related to child abuse and prevention. This section 
requires such reports to be submitted to the Committee on 
Education and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate not later than 1 year after the date of enactment of 
this Act, not later than 3 years after the date of enactment, 
and again during the 5-year period following the date of 
enactment.
    This section also amends the study and report relating to 
citizen review panels further clarifying the content of the 
study with the goal of ensuring optimal effectiveness of such 
panels.

Section 119. Definitions

    Section 119 of the bill amends section 111 of the law by 
removing ``the Trust Territory of the Pacific Islands'' from 
the definition of State and clarifying that references to 
``Alaska Native,'' ``infant or toddler with a disability,'' and 
``Native Hawaiian,'' have the same meanings as those given in 
section 3 of the Alaska Native Claims Settlement Act, section 
632 of the Individuals with Disabilities Education Act, and 
section 7207 of the Elementary and Secondary Education Act, 
respectively.

Section 120. Authorization of appropriations

    Section 120 of the bill updates the years of the 
authorization of the bill and maintains current authorization 
levels.

Section 121. Rule of construction

    Section 121 of the bill amends the rule of construction by 
adding the word ``child'' before ``abuse or neglect'' to 
clarify the types of cases that are in question.

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

 Title II--Community-Based Grants for the Prevention of Child Abuse or 
                                Neglect


Section 132. Purpose and authority

    Section 132 of the bill amends the law to clarify the focus 
of the title II program. The purpose is to provide grants to 
develop, operate, expand, enhance and coordinate initiatives, 
programs, and activities to prevent child abuse and neglect and 
to support the coordination of resources and activities to 
better strengthen and support families and to reduce the 
likelihood of child abuse and neglect. Such efforts must 
include meaningful attempts to involve parents in planning and 
program implementation. This section also includes substance 
abuse services as an allowable community-based child abuse and 
neglect prevention program.

Section 133. Eligibility

    Section 133 includes conforming amendments.

Section 134. Amount of grant

    Section 134 includes conforming amendments.

Section 135. Application

    Section 135 includes modifications to the community-based 
grant for the prevention of child abuse and neglect application 
requirements, including ensuring that outreach activities are 
extended to unaccompanied homeless youth.

Section 136. Local program requirements

    Section 136 of the bill amends section 206 of the law to 
further clarify the types of optional services that may be 
provided.

Section 137. Conforming amendments

    Section 137 includes conforming amendments.

Section 138. National network for community-based family resource 
        programs

    Section 138 includes conforming amendments.

Section 139. Definitions

    Section 139 of the bill amends section 209 of the law to 
include ``crisis nurseries'' under the definition of ``respite 
care services''.

Section 140. Authorization of appropriations

    Section 140 of the bill updates the years of the 
authorization and maintains current authorization levels.

Section 141. Redesignation

    Section 141 includes conforming amendments.

Section 142. Transfer of definitions

    Section 142 of the bill consolidates the common definitions 
found in titles I and II into a new general definitions section 
and adds new definitions such as ``Indian Tribe, Tribal 
Organization'' and ``Unaccompanied Homeless Youth'' citing 
references in section 4 of the Indian Self-Determination and 
Education Assistance Act and section 111 of the McKinney-Vento 
Homeless Education Act.

Subtitle C--Conforming amendments

Section 151. Amendments to table of contents

    Section 151 updates the table of contents.

         Title II--Family Violence Prevention and Services Act

    Title II of the bill provides a comprehensive 
reorganization of the Family Violence Prevention and Services 
Act to more closely reflect current legislative drafting 
standards and provide a clear and comprehensive understanding 
of the program and requirements.

Section 301. Purpose

    Section 301 declares the purpose of this title, and amends 
section 302 by updating the purposes.

Section 302. Definitions

    Section 302 of the bill establishes definitions for terms 
used throughout the law, including the additions of Alaska 
Native, Dating Violence, Domestic Violence, Native Hawaiian and 
Native Hawaiian Organization, Personally Identifying 
Information, State Domestic Violence Coalition, Supportive 
Services, Tribally Designated Official, and Underserved 
Populations.

Section 303. Authorization of appropriations

    Section 303 of the bill consolidates all authorizations for 
FVPSA under a single section, including the National Domestic 
Violence Hotline and the Domestic Violence Prevention 
Enhancement and Leadership Through Alliances (DELTA) grants. 
The bill updates the years of the authorization and current 
authorization levels are maintained. This section clarifies 
that not less than 25 percent of funds in excess of 
$130,000,000 appropriated to FVPSA will be directed to Section 
312, Specialized Services for Abused Parents and Their 
Children. This section also increases the technical assistance 
and training set-aside from 5 percent to not less than six 
percent.

Section 304. Authority of secretary

    Section 304 of the bill combines functions of the Secretary 
under sections 305, 306, and 312 of the law into a new section 
establishing the authorities of the Secretary, the 
administrative responsibilities of the Secretary, and the 
evaluation of activities under this title required by the 
Secretary.

Section 305. Allotment of funds

    Section 305 of the bill allows for the continued 
availability of funds for the formula grants to States. The 
section allows funds allotted to a State for a fiscal year 
under the section and made available to such State in a grant 
under section 306(a) to remain available for obligation by the 
State until the end of the following fiscal year. All such 
funds not obligated by such time period shall be made available 
for activities under section 314 of the bill.

Section 306. Formula grants to States

    Section 306 of the bill incorporates the discrimination 
prohibitions into the formula grants to States section. The 
section also amends the law to include a ``nondisclosure of 
confidential or private information'' provision similar to 
prohibitions in the Violence Against Women Act.

Section 307. State application

    Section 307 of the bill creates a separate State 
Application section in FVPSA that applies to both States and 
Indian tribes.

Section 308. Subgrants and use of funds

    Section 308 of the bill creates a subgrants and use of 
funds section. The section describes the allowable uses of 
funds which include providing shelter services, supportive 
services or prevention services to adult and youth victims of 
family violence, domestic violence, or dating violence or to 
any dependent of such victim.
    This section describes the entities eligible to receive a 
subgrant from a State in order to provide shelter and 
supportive services. This section also prohibits any funds 
provided under this title from being used to make direct 
payments to victims of family violence, domestic violence, or 
dating violence or to any dependent of such victim and requires 
all services to be provided on a voluntary basis.

Section 309. Grants for indian tribes

    Section 309 of the bill amends the law by creating grants 
for Indian tribes section including a description of eligible 
entities.

Section 310. National resource centers and training and technical 
        centers

    Section 310 amends the law by strengthening the resource 
information, training, and technical assistance centers by: (1) 
increasing awareness about family, domestic, and dating 
violence; (2) providing primary and secondary prevention 
services and information regarding family violence, domestic 
violence, and dating violence; and (3) improving the capacity 
of individuals, organizations, government entities and 
communities to prevent family violence and support victims of 
such violence.
    This section specifies the establishment of two national 
resource centers, special issue resource centers, and allows 
for State resource centers focused on reducing disparities in 
domestic violence in States with high populations of Indian 
(including Alaska Native) or Native Hawaiian populations.

Section 311. Grants to State Domestic Violence Coalitions

    Section 311 of the bill amends the law by encouraging a 
coordinated use of FVPSA funds with the use of funds provided 
under the Violence Against Womens Act. Grant recipients are 
required to participate in a performance evaluation.

Section 312. Specialized services for abused parents and their children

    Section 312 of the bill amends the law to establish a grant 
program to expand the capacity of family violence, domestic 
violence, and dating violence service programs and community-
based programs focused on these efforts to prevent future 
domestic or family violence by addressing, in an appropriate 
manner, the needs of children exposed to family violence, 
domestic violence, or dating violence.
    This section further specifies that such grants shall be 2 
year grants that may be renewed for one additional period of 
not more than 2 years. Local agencies, nonprofit, and 
community-based entities with a demonstrated record of serving 
victims of family violence, domestic violence, or dating 
violence are eligible to apply for such grants. Grant 
recipients are required to participate in a performance 
evaluation.

Section 313. National domestic violence hotline

    Section 313 of the bill amends the law by requiring the 
national domestic violence hotline to provide information and 
assistance to adult and youth victims of family violence, 
domestic violence or dating violence, family and household 
members of such victims, and persons affected by the 
victimization. The grant recipient is required to participate 
in a performance evaluation.

Section 314. Domestic Violence Prevention Enhancement and Leadership 
        Through Alliances (DELTA)

    Section 313 of the bill amends the purpose of the program 
to establish and maintain local community projects designed to 
prevent family violence, domestic violence, and dating 
violence, including violence committed by and against youth, 
using a coordinated community response model and through 
prevention and education programs.
    The Secretary is permitted to reserve funds to provide 
technical assistance and to monitor and support State Domestic 
Violence Coalitions for the purposes of carrying out such 
community-led projects. Grant recipients are required to 
participate in a performance evaluation.

Title III--Child Abuse Prevention and Treatment and Adoption Reform Act 
                                of 1978


Section 301. Child Abuse Prevention and Treatment and Adoption Reform

    Section 301 of the bill amends the Child Abuse Prevention 
and Treatment and Adoption Reform Act of 1978 to maintain an 
internet-based national adoption information exchange system in 
order to bring together children who would benefit from 
adoption, conduct national recruitment effort and connect 
various parties involved with the adoption. The Secretary is 
also authorized to utilize resources to facilitate the option 
of older children, minority children, and children with special 
needs. States are required to provide more specific information 
when applying for foster care grants about plans to improve 
placement rates. The section allows the Secretary to compile an 
evaluation of these results and submit a report to Congress. 
This section maintains current authorization levels and updates 
the years of the authorization and the findings.

           Title IV--Abandoned Infants Assistance Act of 1988


Section 401. Abandoned infants assistance

    Section 401 of the bill maintains current authorization 
levels and updates the years of the authorization and the 
findings.

                      IX. Changes in Existing Law

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

                CHILD ABUSE PREVENTION AND TREATMENT ACT


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

                            TABLE OF CONTENTS

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. General definitions.
     * * * * * * *
[Sec. 105. Grants to States and public or private agencies and 
          organizations.]
Sec. 105. Grants to States, Indian tribes or tribal organizations, and 
          public or private agencies and organizations.
[Sec. 106. Grants to States for child abuse and neglect prevention and 
          treatment programs.]
Sec. 106. Grants to States for child abuse or neglect prevention and 
          treatment programs.
     * * * * * * *

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

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

Sec. 201. * * *
     * * * * * * *
[Sec. 204. Repealed.
[Sec. 205. Application.
[Sec. 206. Local program requirements.
[Sec. 207. Performance measures.
[Sec. 208. National network for community-based family resource 
          programs.
[Sec. 209. Definitions.
[Sec. 210. Authorization of appropriations.]
Sec. 204. Application.
Sec. 205. Local program requirements.
Sec. 206. Performance measures.
Sec. 207. National network for community-based family resource programs.
Sec. 208. Definitions.
Sec. 209. Authorization of appropriations.
     * * * * * * *

SEC. 2. FINDINGS.

    Congress finds that--
          [(1) each year, approximately 900,000 American 
        children are victims of abuse and neglect;]
          (11) in fiscal year 2008, approximately 772,000 
        children were found by States to be victims of child 
        abuse and neglect;
          (2)(A) more children suffer neglect than any other 
        form of maltreatment and close to \1/3\ of all child 
        maltreatment-related fatalities in fiscal year 2008 
        were attributed to neglect alone; and
          (B) investigations have determined that approximately 
        [60 percent] 71 percent of children who were victims of 
        maltreatment in [2001] fiscal year 2008 suffered 
        neglect, [19 percent] 16 percent suffered physical 
        abuse, [10 percent] 9 percent suffered sexual abuse, 
        [and 7 percent suffered emotional maltreatment] 7 
        percent suffered psychological maltreatment, 2 percent 
        experienced medical neglect, and 9 percent were victims 
        of other forms of maltreatment;
          (3)(A) child abuse or neglect can result in the death 
        of a child;
          (B) in [2001, an estimated 1,300] fiscal year 2008, 
        an estimated 1,740 children were counted by child 
        protection services to have died as a result of abuse 
        or neglect; and
          (C) in fiscal year 2008, children younger than 1 year 
        old comprised [41 percent] 45 percent of child [abuse] 
        maltreatment fatalities and [85 percent] 72 percent of 
        child [abuse] maltreatment fatalities were younger than 
        [6 years] 4 years of age;
          (4)(A) * * *
          (B) [slightly less than half of these children (42 
        percent in 2001) and their families fail to receive 
        adequate protection or treatment;] approximately 37 
        percent of victims of child abuse did not receive post-
        investigation services in fiscal year 2008;
          (5) African-American children, American Indian 
        children, Alaska Native children, and children of 
        multiple races and ethnicities experience the highest 
        rates of child abuse or neglect;
          [(5)] (6) the problem of child abuse and neglect 
        requires a comprehensive approach that--
                  (A) integrates the work of social service, 
                legal, health, mental health, domestic violence 
                services, education, and substance abuse 
                agencies and community-based organizations;

           *       *       *       *       *       *       *

                  [(E) is sensitive to ethnic and cultural 
                diversity, which may impact child rearing 
                patterns, while at the same time, not allowing 
                those differences to enable abuse;]
                  (E) recognizes the diversity of ethnic, 
                cultural, and religious beliefs and traditions 
                that may impact child rearing patterns, while 
                not allowing the differences in those beliefs 
                and traditions to enable abuse or neglect;
          [(6)](7) * * *
          [(7)](8) * * *
          [(8)](9) * * *
          [(9)](10) * * *
          [(10)](11) * * *
          (12) because both child maltreatment and domestic 
        violence occur in up to 60 percent of the families in 
        which either is present, States and communities should 
        adopt assessments and intervention procedures aimed at 
        enhancing the safety both of children and victims of 
        domestic violence;
          [(11)](13) * * *
          [(12)](14) the [Federal government] Federal 
        Government should assist States and communities with 
        the fiscal, human, and technical resources necessary to 
        develop and implement a successful and comprehensive 
        child and family protection strategy; and
          [(13)](15) the [Federal Government] Federal 
        Government should provide leadership and assist 
        communities in their child and family protection 
        efforts by--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 3. GENERAL DEFINITIONS.

    In this Act--
          (1) the term ``child'' means a person who has not 
        attained the lesser of--
                  (A) the age of 18; or
                  (B) except in the case of sexual abuse, the 
                age specified by the child protection law of 
                the State in which the child resides;
          (2) the term ``child abuse and neglect'' means, at a 
        minimum, any recent act or failure to act on the part 
        of a parent or caretaker, which results in death, 
        serious physical or emotional harm, sexual abuse or 
        exploitation, or an act or failure to act which 
        presents an imminent risk of serious harm;
          (3) the term ``child with a disability'' means a 
        child with a disability as defined in section 602 of 
        the Individuals with Disabilities Education Act (20 
        U.S.C. 1401), or an infant or toddler with a disability 
        as defined in section 632 of such Act (20 U.S.C. 1432);
          (4) the term ``Governor'' means the chief executive 
        officer of a State;
          (5) the terms ``Indian'', ``Indian tribe'', and 
        ``tribal organization'' have the meanings given the 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b);
          (6) the term ``Secretary'' means the Secretary of 
        Health and Human Services;
          (7) except as provided in section 106(f), the term 
        ``State'' means each of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands; and
          (8) the term ``unaccompanied homeless youth'' means 
        an individual who is described in paragraphs (2) and 
        (6) of section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a).

           *       *       *       *       *       *       *


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

    (a) Appointment.--* * *

           *       *       *       *       *       *       *

    (c) Composition.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (4) [medicine (including pediatrics)]; health care 
        providers (including pediatricians)

           *       *       *       *       *       *       *

          (12) family rights groups; [and]
          (13) children's rights advocate[.]; and
          (14) Indian tribes or tribal organizations.

           *       *       *       *       *       *       *

    (f) Duties.--* * *
          (1) recommendations on coordinating Federal, State, 
        tribal, and local child abuse and neglect activities 
        with similar activities at the Federal, State, tribal, 
        and local level pertaining to family violence 
        prevention;
          (2) specific modifications needed in [Federal and 
        State] Federal, State, and tribal laws and programs to 
        reduce the number of unfounded or unsubstantiated 
        reports of child abuse or neglect while enhancing the 
        ability to identify and substantiate legitimate cases 
        of [abuse or neglect which] child abuse or neglect 
        which place a child in danger; and

           *       *       *       *       *       *       *


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

    (a) Establishment.--The Secretary shall through the 
Department, or by one or more contracts of not less than 3 
years duration let through a competition, establish a national 
clearinghouse for information relating to child abuse and 
neglect.
    [(b) Functions.--The Secretary shall, through the 
clearinghouse established by subsection (a)--
          [(1) maintain, coordinate, and disseminate 
        information on all effective programs, including 
        private and community-based programs, that show promise 
        of success with respect to the prevention, assessment, 
        identification, and treatment of child abuse and 
        neglect and hold the potential for broad scale 
        implementation and replication;]
          (1) maintain, coordinate, and disseminate information 
        on effective programs, including private and community-
        based programs, that have demonstrated success with 
        respect to the prevention, assessment, identification, 
        and treatment of child abuse or neglect and hold the 
        potential for broad-scale implementation and 
        replication;
          (2) maintain, coordinate, and disseminate information 
        on the medical diagnosis and treatment of child abuse 
        and neglect;
          (3) maintain and disseminate information on best 
        practices relating to differential response;
          [(2)](4) maintain and disseminate information about 
        the best practices used for achieving improvements in 
        child protective systems;
          [(3)](5) maintain and disseminate information 
        relating to--
                  (A) * * *
                  (B) the incidence of such cases in 
                populations determined by the Secretary under 
                section 105(a)(1) of the Child Abuse 
                Prevention, Adoption, and Family Services Act 
                of 1988 (42 U.S.C. 5105 note); and
                  (C) the incidence of any such cases related 
                to [alcohol or drug] substance abuse;
          [(4)](6) provide technical assistance upon request 
        that may include an evaluation or identification of--
                  (A) * * *

           *       *       *       *       *       *       *

                   (C) effective programs carried out by the 
                States under this Act; [and]
          [(5)](7) collect and disseminate information relating 
        to various training resources available at the State 
        and local level to--
                  (A) * * *
                  (B) appropriate State and local officials to 
                assist in training law enforcement, legal, 
                judicial, medical, mental health, education, 
                [and child welfare personnel.] child welfare, 
                substance abuse treatment services, and 
                domestic violence services personnel; and
          (8) collect and disseminate information, in 
        conjunction with the National Resource Centers 
        authorized in section 310(b) of the Family Violence 
        Prevention and Services Act, on effective programs and 
        best practices for developing and carrying out 
        collaboration between entities providing child 
        protective services and entities providing domestic 
        violence services.
    (c) Coordination With Available Resources.--
          (1) In general.--* * *
                  (A) * * *
                  [(B) consult with the head of each agency 
                involved with child abuse and neglect and 
                mechanisms for the sharing of such information 
                among other Federal agencies and clearinghouses 
                on the development of the components for 
                information collection and management of such 
                clearinghouse;]
                  (B) consult with the head of each agency 
                involved with child abuse and neglect on the 
                development of the components for information 
                collection and management of such clearinghouse 
                and on the mechanisms for the sharing of such 
                information with other Federal agencies and 
                clearinghouses;
                  (C) develop a Federal data system involving 
                the elements under subsection (b) which, to the 
                extent practicable, coordinates existing 
                Federal, State, tribal, regional, and local 
                child welfare data systems which shall 
                include--
                          (i) standardized data on false, 
                        unfounded, unsubstantiated, and 
                        substantiated reports; [and]
                          (ii) * * *
                          (iii) information about the incidence 
                        and characteristics of child abuse and 
                        neglect in circumstances in which 
                        domestic violence is present; and
                          (iv) information about the incidence 
                        and characteristics of child abuse and 
                        neglect in cases related to substance 
                        abuse;

           *       *       *       *       *       *       *

                  (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] victims of 
                child abuse or neglect; and

           *       *       *       *       *       *       *


SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.

    (a) Research.--
          (1) Topics.--The Secretary shall, in consultation 
        with other Federal agencies and recognized experts in 
        the field, carry out a continuing interdisciplinary 
        program of research, including longitudinal research, 
        that is designed to provide information needed to 
        better protect children [from abuse or neglect and to 
        improve the well-being of abuse or neglected children] 
        from child abuse or neglect and to improve the well-
        being of victims of child abuse or neglect, with at 
        least a portion of such research being field initiated. 
        Such research program may focus on--
                  (A) * * *
                  (B) causes, prevention, assessment, 
                identification, treatment, cultural and socio-
                economic distinctions, and the consequences of 
                child abuse and neglect, including the effects 
                of [abuse and neglect on] child abuse and 
                neglect on a child's development and the 
                identification of successful early intervention 
                services or other services that are needed;
                  (C) effective approaches to improving the 
                relationship and attachment of infants and 
                toddlers who experience child abuse or neglect 
                with their parents or primary caregivers in 
                circumstances where reunification is 
                appropriate;
                  [(C)] (D) appropriate, effective and 
                culturally sensitive investigative, 
                administrative, and judicial systems, including 
                multidisciplinary, coordinated decisionmaking 
                procedures with respect to cases of child abuse 
                and neglect;
                  [D] (E) the evaluation and dissemination of 
                best practices, including best practices to 
                meet the needs of special populations, 
                consistent with the goals of achieving 
                improvements in the child protective services 
                systems of the States in accordance with 
                paragraphs (1) through [(12)](14) of section 
                106(a);
                  [(E)] (F) * * *
                  (G) effective practices and programs to 
                improve activities such as identification, 
                screening, medical diagnosis, forensic 
                diagnosis, health evaluations, and services, 
                including activities that promote collaboration 
                between--
                          (i) the child protective service 
                        system; and
                          (ii)(I) the medical community, 
                        including providers of mental health 
                        and developmental disability services; 
                        and
                          (II) providers of early childhood 
                        intervention services and special 
                        education for children who have been 
                        victims of child abuse or neglect;
                  [(F)] (H) * * *
                  (I) effective collaborations, between the 
                child protective system and domestic violence 
                service providers, that provide for the safety 
                of children exposed to domestic violence and 
                their nonabusing parents and that improve the 
                investigations, interventions, delivery of 
                services, and treatments provided for such 
                children and families;
                  [(G)] (J) the nature, scope, and practice of 
                voluntary relinquishment for foster care or 
                State guardianship of [low income] low-income 
                children who need health services, including 
                mental health services;
                  (K) the impact of child abuse and neglect on 
                the incidence and progression of disabilities;
                  (L) the nature and scope of effective 
                practices relating to differential response, 
                including an analysis of best practices 
                conducted by the States;
                  (M) child abuse and neglect issues facing 
                Indians, Alaska Natives, and Native Hawaiians, 
                including providing recommendations for 
                improving the collection of child abuse and 
                neglect data from Indian tribes and Native 
                Hawaiian communities;
                  [(H)] (N) the information on the national 
                incidence of child abuse and neglect specified 
                in [clauses (i) through (xi) of subparagraph 
                (H)] clauses (i) through (x) of subparagraph 
                (O); and
                  [(I)] (O) the national incidence of child 
                abuse and neglect, including--
                          (i) the extent to which incidents of 
                        child abuse and neglect are increasing 
                        or decreasing in number and severity;
                          (ii) the incidence of substantiated 
                        and unsubstantiated reported child 
                        abuse and neglect cases;

           *       *       *       *       *       *       *

                          (v) the extent to which the lack of 
                        adequate resources and the lack of 
                        adequate training of individuals 
                        required by law to report suspected 
                        cases of [child abuse have] child abuse 
                        and neglect have contributed to the 
                        inability of a State to respond 
                        effectively to serious cases of child 
                        abuse and neglect;

           *       *       *       *       *       *       *

                          (x) the incidence and outcomes of 
                        [abuse] child abuse and neglect 
                        allegations reported within the context 
                        of divorce, custody, or other family 
                        court proceedings, and the interaction 
                        between this venue and the child 
                        protective services system.
          (2)Research.--The Secretary shall conduct research on 
        the national incidence of child abuse and neglect, 
        including the information on the national incidence on 
        child abuse and neglect specified in [subparagraphs (i) 
        through (ix) of paragraph (1)(I) ] clauses (i) through 
        (x) of paragraph (1)(O).
          (3)Report.--Not later than 4 years after the date of 
        the enactment of the [Keeping Children and Families 
        Safe Act of 2003] CAPTA Reauthorization Act of 2010, 
        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).
          (4)Priorities.--[(A) The] (A) In General.--The 
        Secretary shall establish research priorities for 
        making grants or contracts for purposes of carrying out 
        paragraph (1).
                  [(B) Not] (B) Public comment.--Not later 
                [than 2] than one years after the date of 
                enactment of the [Keeping Children and Families 
                Safe Act of 2003] CAPTA Reauthorization Act of 
                2010, 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.
         (4) Study on shaken baby syndrome.--The Secretary 
        shall conduct a study that--
                  (A) identifies data collected on shaken baby 
                syndrome; W
                  (B) determines the feasibility of collecting 
                uniform, accurate data from all States 
                regarding--
                          (i) incidence rates of shaken baby 
                        syndrome;
                          (ii) characteristics of perpetrators 
                        of shaken baby syndrome, including age, 
                        gender, relation to victim, access to 
                        prevention materials and resources, and 
                        history of substance abuse, domestic 
                        violence, and mental illness; and
                          (iii) characteristics of victims of 
                        shaken baby syndrome, including gender, 
                        date of birth, date of injury, date of 
                        death (if applicable), and short- and 
                        long-term injuries sustained
    (b) Provision of Technical Assistance.--
          (1) In general.--The Secretary shall provide 
        technical assistance to State and local public and 
        private agencies and community-based organizations, 
        including disability organizations and persons who work 
        with children with disabilities and providers of mental 
        health, substance abuse treatment, and domestic 
        violence prevention services, to assist such agencies 
        and organizations in planning, improving developing, 
        and carrying out programs and activities, including 
        replicating successful program models, relating to the 
        prevention, assessment, identification, and treatment 
        of child abuse and neglect.

           *       *       *       *       *       *       *

          (3) Dissemination.--* * *
                  (A) * * *
                  (B) appropriate State and local officials to 
                assist in training law enforcement, legal, 
                judicial, medical, mental health, education, 
                [and child welfare personnel] child welfare, 
                substance abuse, and domestic violence services 
                personnel in appropriate methods of interacting 
                during investigative, aministrative, and 
                judicial proceedings with children who have 
                been [subjected to abuse.] subjected to, or 
                whom the personnel suspect have been subjected 
                to, child abuse or neglect.

           *       *       *       *       *       *       *

    (d) Peer Review for Grants.--
          (1) Establishment of peer review process.--[(A) The 
        Secretary shall, in consultation with experts in the 
        field and other federal agencies1 establish 
        a formal, rigorous, and meritorious peer review process 
        for purposes of evaluating and reviewing applications 
        for grants under this section and determining the 
        relative merits of the projects for which such 
        assistance is requested. The purpose of this process is 
        to enhance the quality and usefulness of research in 
        the field of child abuse and neglect.]
                  (A) In general.--To enhance the quality and 
                usefulness of research in the field of child 
                abuse and neglect, the Secretary shall, in 
                consultation with experts in the field and 
                other Federal agencies, establish a formal, 
                rigorous, and meritorious peer review process 
                for purposes of evaluating and reviewing 
                applications for assistance through a grant or 
                contract under this section and determining the 
                relative merits of the project for which such 
                assistance is requested.
                  [(B) In establishing the process required by 
                subparagraph (A), The Secretary shall appoint 
                to the peer review panels only members who are 
                experts in the field of child abuse and neglect 
                or related disciplines, with appropriate 
                expertise in the application to be reviewed, 
                and who are not individuals who are officers or 
                employees of the Administration on Children and 
                Families. The panels shall meet as often as is 
                necessary to facilitate the expeditious review 
                of applications for grants and contracts under 
                this section, but may not meet less than once a 
                year. The Secretary shall ensure that the peer 
                review panel utilizes scientifically valid 
                review criteria and scoring guidelines for 
                review committee.]
                  (B) Members.--In establishing the process 
                required by subparagraph (A), the Secretary 
                shall only appoint to the peer review panels 
                members who----
                          (i) are experts in the field of child 
                        abuse and neglect or related 
                        disciplines, with appropriate expertise 
                        related to the applications to be 
                        reviewed; and
                          (ii) are not individuals who are 
                        officers or employees of the 
                        Administration for Children and 
                        Families.
                  (C) Meetings.--The peer review panels shall 
                meet as often as is necessary to facilitate the 
                expeditious review of applications for grants 
                and contracts under this section, but shall 
                meet not less often than once a year.
                  (D) Criteria and guidelines.--The Secretary 
                shall ensure that the peer review panel 
                utilizes scientifically valid review criteria 
                and scoring guidelines in the review of the 
                applications for grants and contracts.

           *       *       *       *       *       *       *

          (3) Notice of approval.--[(A) The] (A)  Meritorious 
        projects.--The Secretary shall provide grants and 
        contracts under this section from among the projects 
        which the peer review panels established under 
        paragraph (1)(A) have determined to have merit.
                  [(B) In] (B) Explanation.--In the instance in 
                which the Secretary approves an application for 
                a program without having approved all 
                applications ranked above such application (as 
                determined under paragraph (2)(B)), the 
                Secretary shall append to the approved 
                application a detailed explanation of the 
                reasons relied on for approving the application 
                and for failing to approve each pending 
                application that is superior in merit, as 
                indicated on the list under paragraph (2)(B).
    (e) Demonstration Programs and Projects.--The Secretary may 
award grants to, and enter into contracts with, [States or] 
entities that are States, Indian tribes or tribal 
organizations, or public or private agencies or organizations 
(or combinations of [such agencies or organizations] such 
entities) for time-limited, demonstration projects for the 
following:
          (1) Promotion of safe, family-friendly physical 
        environments for visitation and exchange.--* * *
                  (A) * * *
                  (B) to [safely facilitate the] facilitate the 
                safe 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  child care and early 
        childhood education and care providers, [preschool] 
        preschools, and elementary and secondary schools.

           *       *       *       *       *       *       *


SEC. 105. GRANTS TO [STATES] STATES, INDIAN TRIBES OR TRIBAL 
                    ORGANIZATION, AND PUBLIC OR PRIVATE AGENCIES AND 
                    ORGANIZATIONS.

    (a) Grants for Programs and Projects.--The Secretary may 
make grants to, and enter into contracts with, [States,] 
entities that are States, Indian tribes or tribal 
organizations, or public agencies or private agencies or 
organizations (or combinations of [such agencies or 
organizations] such entities) for programs and projects for the 
following purposes:
          (1) Training programs.--The Secretary may award 
        grants to public or private organizations under [this 
        section] this subsection.--
                  (A) for the training of professional and 
                paraprofessional personnel in the fields of 
                health care, medicine, law enforcement, 
                judiciary, social work and child protection, 
                education, child care, and other relevant 
                fields, or individuals such as court appointed 
                special advocates (CASAs) and guardian ad 
                litem, who are engaged in, or intend to work 
                in, the field of prevention, identification, 
                and treatment of child abuse and neglect, 
                including the links between domestic violence 
                and child abuse and neglect;
                  (B) to improve the recruitment, selection, 
                and training of volunteers serving in public 
                and private children, youth, and family service 
                organizations in order to prevent child abuse 
                and neglect;

           *       *       *       *       *       *       *

                  (D) for training to [support the enhancement 
                of linkages between] enhance linkages among 
                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] entities providing physical and 
                mental health services, community resources, 
                and developmental disability agencies, to 
                improve screening, forensic diagnosis, and 
                health and developmental evaluations, and for 
                partnerships between child protective service 
                agencies and health care agencies that [offer 
                creative approaches to using] support the 
                coordinated use of 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 meet the unique needs of children 
                with disabilities, including promoting 
                interagency collaboration;
                  [(E)] (F) * * *
                  [(F)] (G) * * *
                  (H) for the training of personnel in 
                childhood development including the unique 
                needs of children under age 3;
                  [(G)] (I) * * *
                  [(H)] (J) 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] 
                other public and private welfare agencies, and 
                agencies that provide early intervention 
                services to promote child safety, permanence, 
                and family stability;
                  [(I)] (K) for cross training for child 
                protective service workers in research-based 
                strategies for recognizing situations of 
                substance abuse, domestic violence, and 
                neglect; [and]
                  [(J)] (L) for developing, implementing, or 
                operating information and education programs or 
                training programs designed to improve the 
                provision of services to [disabled infants] 
                infants or toddlers with disabilities with 
                life-threatening conditions for--
                          (i) professionals and 
                        paraprofessional personnel concerned 
                        with the welfare of [disabled infants] 
                        infants or toddlers with disabilities 
                        with life-threatening conditions, 
                        including personnel employed in child 
                        protective services programs and health 
                        care facilities; and
                          (ii) the parents of such infants[.]; 
                        and
                  (M) for the training of personnel in best 
                practices relating to the provision of 
                differential response.
          (2) Triage Procedures.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) provides further investigation and 
                intensive intervention [where] when the child's 
                safety is in jeopardy.
          (3) Mutual support programs.--The Secretary may award 
        grants to private organizations to establish or 
        maintain a national network of mutual support, 
        leadership, and self-help programs as a means of 
        strengthening families in partnership with their 
        communities.
          [(4) Kinship care.--
                  [(A) In general.--The] (4) Kinship care.--The 
                Secretary may award grants to public and 
                private entities [in not more than 10 States] 
                to assist such entities in developing or 
                implementing procedures using adult relatives 
                as the preferred placement for children removed 
                from their home, where such relatives are 
                determined to be capable of providing a safe 
                nurturing environment for the child and where 
                such relatives comply with the State child 
                protection standards.
          (5) Linkages [between] among child protective service 
        agencies and public health, mental health, [and 
        developmental disabilities] substance abuse, 
        developmental disabilities, and domestic violence 
        service agencies.--The Secretary may award grants to 
        entities that provide linkages [between] among State or 
        local child protective service agencies and public 
        health, [mental health, and developmental disabilities 
        agencies, for] mental health, substance abuse, 
        developmental disabilities, and domestic violence 
        service agencies, and entities that carry out 
        community-based programs, for the purpose of 
        establishing linkages that are designed to [help 
        assure] ensure that a greater number of substantiated 
        victims of child maltreatment have their physical 
        health, mental health, and developmental needs 
        appropriately diagnosed and treated, in accrdance with 
        all applicable Federal and State privacy laws.
          (6) Collaborations between child protective service 
        entities and domestic violence service entities.--The 
        Secretary may award grants to public or private 
        agencies and organizations under this section to 
        develop or expand effective collaborations between 
        child protective service entities and domestic violence 
        service entities to improve collaborative investigation 
        and intervention procedures, provision for the safety 
        of the non-abusing parent involved and children, and 
        provision of services to children exposed to domestic 
        violence that also support the caregiving role of the 
        non-abusing parent.
    (b) Discretionary Grants.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (4)(A) Providing hospital-based information and 
        referral services to--
                  (i) * * *
                  (ii) children who have been [neglected or 
                abused] victims of child abuse or neglect and 
                their parents.
          (B) * * *
                  (i) * * *
                  (ii) upon the treatment of a child for [abuse 
                or neglect] child abuse and neglect.
          (C) * * *
                  (i) * * *

           *       *       *       *       *       *       *

                  (iii) the provision of appropriate 
                information to parents of a child who has [been 
                neglected or abused] been a victim of child 
                abuse or neglect regarding resources in the 
                community, particularly parent training 
                resources, that will assist such parents in 
                caring for their child and reduce the 
                possibility of [abuse or neglect] child abuse 
                and neglect;

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


[SEC. 106. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND 
                    TREATMENT PROGRAMS.] SEC. 106. 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, [based on the population of children 
under the age of 18 in] 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 [abuse and neglect] 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 [abuse 
                and neglect] child abuse or neglect; and

           *       *       *       *       *       *       *

          (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;

           *       *       *       *       *       *       *

          (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; [and]
                  (C) personal safety training for case 
                [workers;;] workers; and
                  (D) training in early childhood, child, and 
                adolescent development;

           *       *       *       *       *       *       *

          [(8) developing and facilitating training protocols 
        for individuals mandated to report child abuse or 
        neglect;]
          [(9) developing and facilitating research-based 
        strategies for training for individuals mandated to 
        report child abuse or neglect;]
          (8) developing, facilitating the use of, and 
        implementing research-based strategies and training 
        protocols for individuals mandated to report child 
        abuse and neglect;
          [(10)](9) * * *
                  (A) * * *
                  (B) financial assistance; [and]
                  (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;
          [(11)](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;
          [(12)](11) * * *
          [(13)](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; [or]
          [(14)](13) [supporting and enhancing collaboration 
        among public health agencies, the child protection 
        system, and private community-based programs] 
        supporting and enhancing interagency collaboration 
        among public health agencies, agencies in the child 
        protective service system, and agencies carrying out 
        private community-based programs-- [to provide] (A) to 
        provide child abuse and neglect prevention and 
        treatment services (including linkages with education 
        [systems) and] systems), and the use of differential 
        response; and [to address] (B) to address the health 
        needs, including mental health needs, of children 
        identified as [abused or neglected] 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 non-
                abusing parents.
    (b) Eligibility Requirements.--
          [(1) State Plan.
                  [(A) In general.-- To be eligible to receive 
                a grant under this section, a State shall, at 
                the time of the initial grant application and 
                every 5 years thereafter, prepare and submit to 
                the Secretary a State plan that specifies the 
                areas of the child protective services system 
                described in subsection (a) that the State 
                intends to address with amounts received under 
                the grant.
                  [(B) Additional requirement.--After the 
                submission of the initial grant application 
                under subparagraph (A), the State shall provide 
                notice to the Secretary--
                          [(i) of any substantive changes; and 
                        to any State law relating to the 
                        prevention of child abuse and neglect 
                        that may affect the eligibility of the 
                        State under ths section; and
                          [(ii) any significant changes to how 
                        funds provided under this section are 
                        used to support the activities which 
                        may differ from the activities as 
                        described in the current State 
                        application.]
          (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) Coordination.--A State plan submitted under 
        paragraph (1) shall, to the maximum extent practicable, 
        be coordinated with the State plan under part B of 
        title IV of the Social Security Act relating to child 
        welfare services and family preservation and family 
        support services, and shall contain an outline of the 
        activities that the State intends to carry out using 
        amounts received under the grant to achieve the 
        purposes of this title, including--]
          (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;
                  [(A)] (B) an assurance in the form of a 
                certification by the [chief executive officer] 
                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] statewide 
                program, relating to child abuse and neglect 
                that includes--
                          (i) * * *
                          (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 
                        illegal 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) * * *
                          (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, 
                        or a Fetal Alcohol Spectrum Disorder;

           *       *       *       *       *       *       *

                          (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 [the abused or neglected 
                        child] a victim of child abuse or 
                        neglect and of any other child under 
                        the same care who may also be in danger 
                        of [abuse or neglect] child abuse or 
                        neglect and ensuring their placement in 
                        a safe environment;

           *       *       *       *       *       *       *

                          (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] child abuse and 
                        neglect;

           *       *       *       *       *       *       *

                          (xi) the cooperation of State law 
                        enforcement officials, court of 
                        competent jurisdiction, and appropriate 
                        State agencies providing human services 
                        in the investigation, assessment, 
                        prosecution, and treatment of child 
                        abuse [or neglect] and neglect;

           *       *       *       *       *       *       *

                          (xiii) provisions and procedures 
                        requiring that in every case involving 
                        [an abused or neglected child] 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--

           *       *       *       *       *       *       *

                          (xv) * * *
                                  (I) * * *
                                  (II) by which individuals who 
                                disagree with an official 
                                finding of [abuse or neglect] 
                                child abuse or neglect can 
                                appeal such finding;
                          (xvi) * * *
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (III) to have aided or 
                                abetted, attempted, conspired, 
                                or solicited to commit such 
                                murder or voluntary 
                                manslaugher[; or];
                                  (IV) * * *
                                  (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));

           *       *       *       *       *       *       *

                          (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] 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;

           *       *       *       *       *       *       *

                          (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] Act (20 U.S.C. 
                        1431 et seq.);
                          (xxii) [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 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; 
                        and
                          (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;
                  [(B)] (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 [disabled infants with] 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 
                        [disabled infants with] infants with 
                        disabilities who have life-threatening 
                        conditions); and
                          (iii) authority, under State law, for 
                        State child protective services system 
                        to pursue any legal remedies, including 
                        the authority to initiate legal 
                        proceedings in a court of competent 
                        jurisdiction, as may be necessary to 
                        prevent the withholding of medically 
                        indicated treatment from [disabled 
                        infants with] infants with disabilities 
                        who have [life threatening] life-
                        threatening conditions;
                  [(C)](D) * * *
                          (i) * * *
                          (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; [and]
                          (iii) the training to be provided 
                        under the grant for individuals who are 
                        required to report suspected cases of 
                        child abuse and neglect; [and]
                          (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;
                  [(D)] (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 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 (A)] 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)(A)] 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.

           *       *       *       *       *       *       *

    (c) Citizen Review Panels.--
          (1) Establishment.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

          (4) Functions.--
                  (A) In general.--* * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (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

           *       *       *       *       *       *       *

    (d) Annual State Data Reports.-- * * *
          (1) The number of children who were reported to the 
        State during the year [as abused or neglected] as 
        victims of child abuse or neglect

           *       *       *       *       *       *       *

          (4) The number of families that received preventive 
        services, including use of differential response, from 
        the State during the year.

           *       *       *       *       *       *       *

          [(7) The number of child protective services workers 
        responsible for the intake and screening of reports 
        filed in the previous year.]
          (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).

           *       *       *       *       *       *       *

          (9) The response time with respect to the provision 
        of services to families and children where an 
        allegation of [abuse or neglect] child abuse or neglect 
        has been made.
          [(10) The number of child protective services workers 
        responsible for intake, assessment, and investigation 
        of child abuse and neglect reports relative to the 
        number of reports investigated in the previous year.]
          (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 [and neglect] or 
        neglect, including the death of the child.

           *       *       *       *       *       *       *

          (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.).
    (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. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION 
                    AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.

    (a) Grants to States.--* * *

           *       *       *       *       *       *       *

          [(1) the handling of child abuse and neglect cases, 
        particularly cases of child sexual abuse and 
        exploitation, in a manner which limits additional 
        trauma to the child victim;
          [(2) the handling of cases of suspected child abuse 
        or neglect related fatalities;]
          (1) the assessment and investigation of suspected 
        child abuse and neglect cases, including cases of 
        suspected child sexual abuse and exploitation, in a 
        manner that limits additional trauma to the child and 
        the child's family;
          (2) the assessment and investigation of cases of 
        suspected child abuse-related fatalities and suspected 
        child neglect-related fatalities; 
          (3) the investigation and prosecution of cases of 
        child abuse and neglect, [particularly] including child 
        sexual abuse and exploitation; and
          (4) [the handling] the assessment and investigation 
        of cases involving children with disabilities or 
        serious health-related problems who are [victims of 
        abuse] suspected victims of child abuse or neglect.
    (b) Eligibility Requirements.--* * *
          (1) fulfill the requirements of [section 107(b)] 
        section 106(b);

           *       *       *       *       *       *       *

    (c) State Task Forces.--
          (1) General rule.-- * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) parents; [and]
                  (H) representatives of parents' groups[.]; 
                  (I) adult former victims of child abuse or 
                neglect; and
                  (J) individuals experienced in working with 
                homeless children and youths (as defined in 
                section 725 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11434a)).

           *       *       *       *       *       *       *

    (d) State Task Force Study.-- * * *
          (1) review and evaluate State investigative, 
        administrative and both civil and criminal judicial 
        handling of cases of child abuse and neglect, 
        [particularly] including child sexual abuse and 
        exploitation, as well as cases involving suspected 
        child maltreatment related fatalities and cases 
        involving a potential combination of jurisdictions, 
        such as interstate, Federal-State, and State-Tribal; 
        and

           *       *       *       *       *       *       *

    (e) Adoption of State Task Force Recommendations.--
          (1) General rule.--* * *
                  (A) investigative, administrative, and 
                judicial handling of cases of child abuse and 
                neglect, [particularly] including child sexual 
                abuse and exploitation, as well as cases 
                involving suspected child maltreatment related 
                fatalities and cases involving a potential 
                combination of jurisdictions, such as 
                interstate, Federal-State, and State-Tribal, in 
                a manner which reduces the additional trauma to 
                the child victim and the victim's family and 
                which also ensures procedural fairness to the 
                accused;
                  (B) experimental, model, and demonstration 
                programs for testing innovative approaches and 
                techniques which may [improve the rate of 
                successful prosecution or enhance the 
                effectiveness of judicial and administrative 
                action in child abuse cases, particularly child 
                sexual abuse cases] improve the prompt and 
                successful resolution of civil and criminal 
                court proceedings or enhance the effectiveness 
                of ,judicial and administrative action in child 
                abuse and neglect cases, particularly child 
                sexual abuse and exploitation cases, including 
                the enhancement of performance of court-
                appointed attorneys and guardians ad litem for 
                children,  and which also ensure procedural 
                fairness to the accused; and
                  (C) reform of State laws, ordinances, 
                regulations, protocols, and procedures to 
                provide comprehensive protection for children 
                [from abuse] from child abuse and neglect 
                [particularly] including child sexual abuse and 
                exploitation, while ensuring fairness to all 
                affected persons.

           *       *       *       *       *       *       *

    (f) Funds Available.--For grants under this section, the 
Secretary shall use the amount authorized by section 1404A of 
the Victims of Crime Act of 1984 (42 U.S.C. 10603a).

           *       *       *       *       *       *       *


SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

    (a) * * *

           *       *       *       *       *       *       *

    [(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.]
    (d) Sense of Congress.--It is the sense of Congress that 
the Secretary should encourage all States and public and 
private entities that receive assistance under this title to--
          (1) ensure that children and families with limited 
        English proficiency who participate in programs under 
        this title are provided with materials and services 
        through such programs in an appropriate language other 
        than English; and
          (2) ensure that individuals with disabilities who 
        participate in programs under this title are provided 
        with materials and services through such programs that 
        are appropriate to their disabilities.

           *       *       *       *       *       *       *


SEC. 110. REPORTS.

    [(a) Coordination Efforts.--Not later than March 1 of the 
second year following the date of enactment of the Child Abuse 
Prevention, Adoption, and Family Services Act of 1988 and every 
2 years thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report on efforts during 
the 2-year period preceding the date of the report to 
coordinate the objectives and activities of agencies and 
organizations which are responsible for programs and activities 
related to child abuse and neglect.
    [(b) Effectiveness of State Programs and Technical 
Assistance.--Not later than two years after the first fiscal 
year for which funds are obligated under section 1404A of the 
Victims of Crime Act of 1984\1\, the Secretary shall submit to 
the appropriate committees of Congress a report evaluating the 
effectiveness of assisted programs in achieving the objectives 
of section 107.]
    (a) Coordination Efforts.--Not later than 1 year after the 
date of enactment of the CAPTA Reauthorization Act of 2010, the 
Secretary shall submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report on 
efforts to coordinate the objectives and activities of agencies 
and organizations that are responsible for programs and 
activities related to child abuse and neglect. Not later than 3 
years after that date of enactment, the Secretary shall submit 
to those committees a second report on such efforts during the 
3-year period following that date of enactment. Not later than 
5 years after that date of enactment, the Secretary shall 
submit to those committees a third report on such efforts 
during the 5-year period following that date of enactment.
    (b) Effectiveness of State Programs and Technical 
Assistance.--Not later than 2 years after the date of enactment 
of the CAPTA Reauthorization Act of 2010 and every 2 years 
thereafter, the Secretary shall submit to the Committee on 
Education and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate a report evaluating the effectiveness of programs 
receiving assistance under section 106 in achieving the 
objectives of section 106.
    [(c) Study and Report Relating to Citizen Review Panels.--
          [(1) Study.--The Secretary shall conduct a study by 
        random sample of the effectiveness of the citizen 
        review panels established under section 106(c).
          [(2) Report.--Not later than 3 years after the date 
        of enactment of the Keeping Children and Families Safe 
        Act of 2003, the Secretary shall submit to the 
        Committee on Education and the Workforce of the House 
        of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report 
        that contains the results of the study conducted under 
        paragraph (1).]
    (c) Study and Report Relating to Citizen Review Panels.--
          (1) In general.--The Secretary shall conduct a study 
        to determine the effectiveness of citizen review 
        panels, established under section 106(c), in achieving 
        the stated function of such panels under section 
        106(c)(4)(A) of--
                  (A) examining the policies, procedures, and 
                practices of State and local child protection 
                agencies; and
                  (B) evaluating the extent to which such State 
                and local child protection agencies are 
                fulfilling their child protection 
                responsibilities, as described in clauses (i) 
                through (iii) of section 106(c)(4)(A).
          (2) Content of study.--The study described in 
        paragraph (1) shall be completed in a manner suited to 
        the unique design of citizen review panels, including 
        consideration of the variability among the panels 
        within and between States. The study shall include the 
        following:
                  (A) Data describing the membership, 
                organizational structure, operation, and 
                administration of all citizen review panels and 
                the total number of such panels in each State.
                  (B) A detailed summary of the extent to which 
                collaboration and information-sharing occurs 
                between citizen review panels and State child 
                protective services agencies or any other 
                entities or State agencies. The summary shall 
                include a description of the outcomes that 
                result from collaboration and information 
                sharing.
                  (C) Evidence of the adherence and 
                responsiveness to the reporting requirements 
                under section 106(c)(6) by citizen review 
                panels and States.
          (3) Report.--Not later than 2 years after the date of 
        enactment of the CAPTA Reauthorization Act of 2010, the 
        Secretary shall submit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the 
        Committee on Education and Labor of the House of 
        Representatives a report that contains the results of 
        the study conducted under paragraph (1).

           *       *       *       *       *       *       *


SEC. 111. DEFINITIONS.

    For purposes of this title--
          [(1) the term ``child'' means a person who has not 
        attained the lesser of--
                  [(A) the age of 18; or
                  [(B) except in the case of sexual abuse, the 
                age specified by the child protection law of 
                the State in which the child resides;
          [(2) the term ``child abuse and neglect'' means, at a 
        minimum, any recent act or failure to act on the part 
        of a parent or caretaker, which results in death, 
        serious physical or emotional harm, sexual abuse or 
        exploitation, or an act or failure to act which 
        presents an imminent risk of serious harm;
          [(3) the term ``Secretary'' means the Secretary of 
        Health and Human Services;]
          [(7)] (1) the term ``Alaska Native'' has the meaning 
        given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602);
          [(8)] (2) the term ``infant or toddler with a 
        disability'' has the meaning given the term in section 
        632 of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1432);
          [(10)] (3) the term ``Native Hawaiian'' has the 
        meaning given the term in section 7207 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7517); [and]
          (4) the term ``sexual abuse'' includes--
                  (A) * * *
                  (B) the rape, and in cases of caretaker or 
                inter-familial relationships, statutory rape, 
                molestation, prostitution, or other form of 
                sexual exploitation of children, or incest with 
                children; and   
          [(5) the term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        the Commonwealth of the Northern Mariana Islands, and 
        the Trust Territory of the Pacific Islands;]
          [(6)](5) term ``withholding of medically indicated 
        treatment'' means the failure to respond to the 
        infant's life-threatening conditions by providing 
        treatment (including appropriate nutrition, hydration, 
        and medication) which, in the treating physician's or 
        physicians' reasonable medical judgment, will be most 
        likely to be effective in ameliorating or correcting 
        all such conditions, except that the term does not 
        include the failure to provide treatment (other than 
        appropriate nutrition, hydration, or medication) to an 
        infant when, in the treating physician's or physicians' 
        reasonable medical judgment--
                  (A) * * *
                  (B) * * *
                  (C) the provision of such treatment would be 
                virtually futile in terms of the survival of 
                the infant and the treatment itself under such 
                circumstances would be inhumane[.];
          [(9) the terms ``Indian'', ``Indian tribe'', ``tribal 
        organization'' have the meanings given the terms in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b);]
          [(11) the term ``unaccompanied homeless youth'' means 
        an individual who is described in paragraphs (2) and 
        (6) of section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a).]

           *       *       *       *       *       *       *


SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--
          (1) General authorization.--There are authorized to 
        be appropriated to carry out this title $120,000,000 
        for fiscal year [2004] 2010 and such sums as may be 
        necessary for each of the fiscal years [2005 through 
        2008] 2011 through 2015.

           *       *       *       *       *       *       *


SEC. 113. RULE OF CONSTRUCTION.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

          (2) to require that a state find, or to prohibit a 
        State from finding, [abuse or neglect] child abuse or 
        neglect in cases in which a parent or legal guardian 
        relies soley or partially upon spiritual means rather 
        than medical treatment, in accordance with the 
        religious beliefs of the parent or legal guardian.

           *       *       *       *       *       *       *


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

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

SEC. 201. PURPOSE AND AUTHORITY.

    (a) Purpose.--It is the purpose of this title--
          [(1) to support community-based efforts to develop, 
        operate, expand, enhance, and, where appropriate to 
        network, initia- tives 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]
          (1) to support community-based efforts to develop, 
        operate, expand, enhance, and coordinate initiatives, 
        programs, and activities to prevent child abuse and 
        neglect and to support the coordination of resources 
        and activities, to better strengthen and support 
        families to reduce the likelihood of child abuse and 
        neglect; and

           *       *       *       *       *       *       *

    (b) Authority.--The Secretary shall make grants under this 
title on a formula basis to the entity designated by the State 
as the lead entity ([hereafter] referred to in this title as 
the ``lead entity'') under section 202(1) for the purpose of--
          (1) developing, operating, expanding, and enhancing 
        community-based and prevention-focused programs and 
        activities designed to strengthen and support families 
        to prevent child abuse and neglect [(through networks 
        where appropriate)] that are accessible, effective, 
        culturally appropriate, and build upon existing 
        strengths that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) improve family access to other formal and 
                informal resources and opportunities for 
                assistance available within communities, 
                including access to such resources and 
                opportunities for unaccompanied homeless youth;

           *       *       *       *       *       *       *

                  [(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]
                  (G) demonstrate a commitment to involving 
                parents in the planning and program 
                implementation of the lead agency and entities 
                carrying out local programs funded under this 
                title, including involvement of parents of 
                children with disabilities, parents who are 
                individuals with disabilities, racial and 
                ethnic minorities, and members of other 
                underrepresented or underserved groups; and

           *       *       *       *       *       *       *

          (2) fostering the development of a continuum of 
        preventive services for children and families, 
        including unaccompanied homeless youth, through State 
        and community-based collaborations and partnerships 
        both public and private;
          (3) financing the start-up, maintenance, expansion, 
        or redesign of specific [family resource and support 
        program] community-based child abuse and neglect 
        prevention programs services (such as respite care 
        services, child abuse and neglect prevention 
        activities, disability services, mental health 
        services, substance abuse treatment services, domestic 
        violence services, housing services, transportation, 
        adult education, home visiting and other similar 
        services) identified by the inventory and description 
        of current services required under section 205(a)(3) as 
        an unmet need, and integrated with the network of 
        [community-based family resource and support program] 
        to the extent practicable given funding levels and 
        community priorities;
          (4) maximizing funding through leveraging of funds 
        for the financing, planning, community mobilization, 
        collaboration, assessment, information and referral, 
        startup, training and technical assistance, information 
        management and reporting, reporting and evaluation 
        costs for establishing, operating, or expanding 
        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

           *       *       *       *       *       *       *


SEC. 202. ELIGIBILITY.

    A State shall be eligible for a grant under this title for 
a fiscal year if--
          (1)(A) the [chief executive officer] Governor of the 
        State has designated a lead entity to administer funds 
        under this title for the purposes identified under the 
        authority of this title, including to develop, 
        implement, operate, enhance, or expand 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) such lead entity is an existing public, quasi-
        public, or nonprofit private entity (which may be an 
        entity that has not been established pursuant to State 
        legislation, executive order, or any other written 
        authority of the State) that exists to strengthen and 
        support families to prevent child abuse and neglect 
        with a demonstrated ability to work with other State 
        and community-based agencies to provide training and 
        technical assistance, and that has the capacity and 
        commitment to ensure the meaningful involvement of 
        parents who are consumers and who can provide 
        leadership in the planning, implementation, and 
        evaluation of programs and policy decisions of the 
        applicant agency in accomplishing the desired outcomes 
        for such efforts;
          (C) in determining which entity to designate under 
        sub-paragraph (A), the [chief executive officer] 
        Governor should give priority consideration equally to 
        a trust fund advisory board of the State or existing 
        entity that leverages Federal, State, and private funds 
        for a broad range of child abuse and neglect prevention 
        activities and family resource programs, and that is 
        directed by an interdisciplinary, public-private 
        structure, including participants from communities; and
          (D) in the case of a State that has designated a 
        State trust fund advisory board for purposes of 
        administering funds under this title (as such title was 
        in effect on the date of the enactment of the Child 
        Abuse Prevention and Treatment Act Amendments of 1996) 
        and in which one or more entities that leverage 
        Federal, State, and private funds (as described in sub-
        paragraph (C)) exist, the [chief executive officer] 
        Governor shall designate the lead entity only after 
        full consideration of the capacity and expertise of all 
        entities desiring to be designated under sub-paragraph 
        (A);
          (2) the [chief executive officer] Governor of the 
        State provides assurances that the lead entity will 
        provide or will be responsible for providing--
                  (A) community-based and prevention-focused 
                programs and activities designed to strengthen 
                and support families to prevent child abuse and 
                neglect [(through networks where appropriate)] 
                composed of local, collaborative, public-
                private partnerships directed by 
                interdisciplinary structures with balanced 
                representation from private and public sector 
                members, parents, adult former victims of child 
                abuse or neglect, and public and private 
                nonprofit service providers and individuals and 
                organizations experienced in working in 
                partnership with families with children with 
                disabilities;
                  (B) direction through an interdisciplinary, 
                collaborative, public-private structure with 
                balanced representation from private and public 
                sector members, parents, adult former victims 
                of child abuse or neglect, and public sector 
                and private nonprofit sector service providers, 
                and parents with disabilities; and
                  (C) direction and oversight through 
                identified goals and objectives, clear lines of 
                communication and accountability, the provision 
                of leveraged or combined funding from Federal, 
                State, and private sources, centralized 
                assessment and planning activities, the 
                provision of training and technical assistance, 
                and reporting and evaluation functions; and
          (3) the [chief executive officer] Governor of the 
        State provides assurances that the lead entity--
                  (A) has a demonstrated commitment to parental 
                participation in the development, operation, 
                and oversight of the community-based and 
                prevention-focused programs and activities 
                designed to strengthen and support families to 
                prevent child abuse and neglect [(through 
                networks where appropriate)];
                  (B) has a demonstrated ability to work with 
                State and community-based public and private 
                nonprofit organizations to develop a continuum 
                of preventive, family centered, comprehensive 
                services for children and families through the 
                community-based and prevention-focused programs 
                and activities designed to strengthen and 
                support families to prevent child abuse and 
                neglect [(through networks where appropriate)];
                  (C) has the capacity to provide operational 
                support, (both financial and programmatic) 
                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 appropriates)], through innovative, 
                interagency funding and interdisciplinary 
                service delivery mechanisms; and
                  (D) will integrate its efforts with 
                individuals and organizations experienced in 
                working in partnership with families with 
                children with disabilities, parents with 
                disabilities, and with the child abuse and 
                neglect prevention activities of the State, and 
                demonstrate a financial commitment to those 
                activities.

           *       *       *       *       *       *       *


SEC. 203. AMOUNT OF GRANT.

    (a) Reservation.--* * *
    (b) Remaining Amounts.--
          (1) In general.--The Secretary shall allot the amount 
        appropriated under section 210 for a fiscal year and 
        remaining after the reservation under subsection (a) 
        among the States as follows:
                  [(A)] (A) 70 percent.--70 percent of such 
                amount appropriated shall be allotted among the 
                States by allotting to each State an amount 
                that bears the same proportion to such amount 
                appropriated as the number of children under 
                the age of 18 residing in the State bears to 
                the total number of children under the age of 
                18 residing in all States (except that no State 
                shall receive less than $175,000 under this 
                subparagraph).
                  [(B)] (B) 30 percent.--30 percent of such 
                amount appropriated shall be allotted among the 
                States by allotting to each State an amount 
                that bears the same proportion to such amount 
                appropriated as the amount of private, State or 
                other non-Federal funds leveraged and directed 
                through the currently designated State lead 
                entity in the preceding fiscal year bears to 
                the aggregate of the amounts leveraged by all 
                States from private, State, or other non-
                Federal sources and directed through the 
                current lead entity of such States in the 
                preceding fiscal year.

           *       *       *       *       *       *       *


SEC. [205]204. APPLICATION.

           *       *       *       *       *       *       *


          (1) a description of the lead entity that will be 
        responsible for the administration of funds provided 
        under this title and the oversight of programs funded 
        through the community-based and prevention-focused 
        programs and activities designed to strengthen and 
        support families to prevent child abuse and neglect 
        [(through networks where appropriate)] which meets the 
        requirements of section 202;
          (2) a description of how the community-based and 
        prevention-focused programs and activities designed to 
        strengthen and support families to prevent child abuse 
        and neglect [(through networks where appropriate)] will 
        operate [and how family resource and support], 
        including how community-based child abuse and neglect 
        prevention [services provided] programs provided by 
        public and private, nonprofit organizations will be 
        integrated into a developing continuum of family 
        centered, holistic, preventive services for children 
        and families;

           *       *       *       *       *       *       *

          (4) a budget for the development, operation, and 
        expansion of the community-based and prevention-focused 
        programs and activities designed to strengthen and 
        support families to prevent child abuse and neglect 
        that verifies that the State will expend in non-Federal 
        funds an amount equal to not less than 20 percent of 
        the amount received under this title (in cash, not in-
        kind) for activities under this title:

           *       *       *       *       *       *       *

          (6) [an assurance that the State has the] a 
        description of the State's capacity to ensure the 
        meaningful involvement of parents who are [consumers 
        and] consumers, of family advocates, and of adult 
        former victims of child abuse or neglect, who can 
        provide leadership in the planning, implementation, and 
        evaluation of the programs and policy decisions of the 
        applicant agency in accomplishing the desired outcomes 
        for such efforts;
          (7) a description of the criteria that the entity 
        will use to develop, or select and fund, community-
        based and prevention-focused programs and activities 
        designed to strengthen and support families to prevent 
        child abuse and neglect as part of network development, 
        expansion, or enhancement;
          (8) a description of outreach activities that the 
        entity and the community-based and prevention-focused 
        programs [and activities] designed to strengthen and 
        support families to prevent child abuse and neglect 
        will undertake to maximize the participation of racial 
        and ethnic minorities, children and adults with 
        disabilities, homeless families and those at risk of 
        homelessness, unaccompanied homeless youth, and members 
        of other underserved or underrepresented groups;
          (9) a plan for providing operational support, 
        training, and technical assistance to community-based 
        and prevention-focused programs and activities designed 
        to strengthen and support families to prevent child 
        abuse and neglect for development, operation, expansion 
        and enhancement activities;

           *       *       *       *       *       *       *

          (11) a description of the actions that the applicant 
        entity will take to advocate systemic changes in State 
        policies, practices, procedures, and regulations to 
        improve the delivery of community-based prevention-
        focused programs and activities designed to strengthen 
        and support families to prevent child abuse and neglect 
        services to children and families; and

           *       *       *       *       *       *       *


SEC. [206]205 LOCAL PROGRAM REQUIREMENTS.

    (a) In General.--Grants made under this title shall be used 
to develop, implement, operate, expand, and enhance community-
based, and prevention-focused programs and activities designed 
to strengthen and support families to prevent child abuse and 
neglect that--
          (1) assess community assets and needs through a 
        planning process that involves [parents and] parents, 
        local public agencies, local nonprofit organizations, 
        and private sector representatives in meaningful roles;
          (2) develop [a strategy to provide, over time;] a 
        comprehensive strategy to provide a continuum of 
        preventive, [family centered] family-centered services 
        to children and families, especially to young parents 
        [and parents with young children,], to parents with 
        young children, and to parents who are adult former 
        victims of domestic violence or child abuse or neglect, 
        through public-private partnerships;
          [(3)provide--
                  [(A) core family resource and support 
                services such as--
                          [(i) parent education, mutual support 
                        and self help, and leadership services;
                          [(ii) outreach services;
                          [(iii) community and social service 
                        referrals; and
                          [(iv) follow-up services;
                  [(B) other core services, which must be 
                provided or arranged for through contracts or 
                agreements with other local agencies, including 
                voluntary home visiting and all forms of 
                respite care services to the extent 
                practicable; and]
          (3)(A) provide for core child abuse and neglect 
        prevention services, which may be provided directly by 
        the local recipient of the grant funds or through 
        grants or agreements with other local agencies, such 
        as--
                  (i) parent education, mutual support and self 
                help, and parent leadership services;
                  (ii) respite care services;
                  (iii) outreach and followup services, which 
                may include voluntary home visiting services; 
                and
                  (iv) community and social service referrals; 
                and
          [(C)] (B) provide access to optional services, 
        including--
                  (i) * * *
                  [(ii) child care, early childhood development 
                and intervention services;] (ii) child care, 
                early childhood education and care, and 
                intervention services;
                  (iii) referral to services and supports to 
                meet the additional needs of families with 
                children with disabilities and parents who are 
                individuals with disabilities;

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                  (vii) community referral services, including 
                early developmental screening of children; 
                [and]
                  (viii) peer counseling; and
                  (ix) domestic violence service programs that 
                provide services and treatment to children and 
                their non-abusing caregivers.

           *       *       *       *       *       *       *

          (5) provide leadership in mobilizing local public and 
        private resources to support the provision of needed 
        [family resource and support program] child abuse and 
        neglect prevention program services; and
          (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.
    (b) Priority.--In awarding local grants under this title, a 
lead entity shall give priority to effective community-based 
programs serving [low income] low-income communities and those 
serving young parents or parents with young children, including 
community-based [family resource and support programs.] child 
abuse and neglect prevention programs.

           *       *       *       *       *       *       *


SEC. [207] 206. PERFORMANCE MEASURES.

           *       *       *       *       *       *       *


          (1) shall demonstrate the effective development, 
        operation, and expansion of community-based and 
        prevention-focused programs and activities designed to 
        strengthen and support families to prevent child abuse 
        and neglect that meets the requirements of this title;
          (2) shall supply an inventory and description of the 
        services provided to families by local programs that 
        meet identified community needs, including core and 
        optional services as described in section 202 which 
        description shall specify whether those services are 
        supported by research;

           *       *       *       *       *       *       *

          (4) shall describe the number of families served, 
        including families with children with disabilities, and 
        parents with disabilities, and the involvement of a 
        diverse representation of families in the design, 
        operation, and evaluation of 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;

           *       *       *       *       *       *       *

          (6) shall demonstrate the establishment or 
        maintenance of innovative funding mechanisms, at the 
        State or community level, that blend Federal, State, 
        local, private funds, and innovative, interdisciplinary 
        service delivery mechanisms, for the development, 
        operation, expansion, and enhancement of the community-
        based and prevention-focused programs and activities 
        designed to strengthen and support families to prevent 
        child abuse and neglect;
          (7) shall describe [the results of a peer review 
        process conducted under the State program; and] the 
        results of evaluation, or the outcomes of monitoring, 
        conducted under the State program to demonstrate the 
        effectiveness of activities conducted under this title 
        in meeting the purposes of the program; and

           *       *       *       *       *       *       *


SEC. [208] 207 NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY SOURCE 
                    PROGRAMS.

           *       *       *       *       *       *       *


          (1) to create, operate, and maintain a peer review 
        process;
          (2) to create, operate, and maintain an information 
        clearinghouse;

           *       *       *       *       *       *       *

          (4) to create, operate, and maintain a computerized 
        communication system between lead entities; and

           *       *       *       *       *       *       *


SEC. [209] 208 DEFINITIONS.

    For purposes of this title:
          [(1) Children with disabilities.--The term ``children 
        with disabilities'' has the same meaning given the term 
        ``child with a disability'' in section 602(3) or 
        ``infant or toddler with a disability'' in section 
        632(5) of the Individuals with Disabilities Education 
        Act.]
          [(2)](1) Community referral services.-- * * *
          [(3)](2) Community-based and prevention-focused 
        programs and activities to prevent child abuse and 
        neglect.-- * * *
          [(5)](3) Respite care services.--The term ``respite 
        care services'' means short term care services, 
        including the services of crisis nurseries, provided in 
        the temporary absence of the regular caregiver (parent, 
        other relative, foster parent, adoptive parent, or 
        guardian) to children who--
                  (A) are in danger of [abuse or neglect] child 
                abuse or neglect;
                  (B) have experienced [abuse or neglect] child 
                abuse or neglect; or
                  (C) [have disabilities, chronic, or terminal 
                illnesses. Such services shall be provided 
                within or outside the home of the child, be 
                short-term care (ranging from a few hours to a 
                few weeks of time, per year), and be intended 
                to enable the family to stay together and to 
                keep the child living in the home and community 
                of the child.] have disabilities or chronic or 
                terminal illnesses.

           *       *       *       *       *       *       *


  SEC. [210] 209 AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title $80,000,000 for fiscal year [2004] 2010 such sums as may 
be necessary for each of the fiscal years [2005 through 2008] 
2011 through 2015.

           *       *       *       *       *       *       *


             [FAMILY VIOLENCE PREVENTION AND SERVICES ACT]

                             [SHORT TITLE]

    [Sec. 301. This title may be cited as the ``Family Violence 
Prevention and Services Act''.]

                        [DECLARATION OF PURPOSE

    [Sec. 302. It is the purpose of this title to--
          [(1) assist States in efforts to increase public 
        awareness about and prevent family violence and to 
        provide immediate shelter and related assistance for 
        victims of family violence and their dependents; and
          [(2) provide for technical assistance and training 
        relating to family violence programs to States, local 
        public agencies (including law enforcement agencies, 
        courts, legal, social service, and health care 
        professionals), nonprofit private organizations, and 
        other persons seeking such assistance.]

                 [STATE DEMONSTRATION GRANTS AUTHORIZED

    [Sec. 303. (a)(1) In order to assist in supporting the 
establishment, maintenance, and expansion of programs and 
projects to prevent incidents of family violence and to provide 
immediate shelter and related assistance for victims of family 
violence and their dependents, the Secretary is authorized, in 
accordance with the provisions of this title, to make grants to 
States.
    [(2) No grant may be made under this subsection unless the 
chief executive officer of the State seeking such grant submits 
an application to the Secretary at such time and in such manner 
as the Secretary may reasonably require. Each such application 
shall--
          [(A) provide that funds provided under this 
        subsection will be distributed in demonstration 
        grants\3\ to local public agencies and nonprofit 
        private organizations (including religious and 
        charitable organizations, and voluntary associations) 
        for programs and projects within such State to prevent 
        incidents of family violence and to provide immediate 
        shelter and related assistance for victims of family 
        violence and their dependents in order to prevent 
        future violent incidents;
          [(B) provide, with respect to funds provided to a 
        State under this subsection for any fiscal year, that--
                  [(i) not more than 5 percent of such funds 
                will be used for State administrative costs; 
                and
                  [(ii) in the distribution of funds by the 
                State under this subsection, the State will 
                give special emphasis to the support of 
                community-based projects of demonstrated 
                effectiveness carried out by nonprofit private 
                organizations, the primary purpose of which is 
                to operate shelters for victims of family 
                violence and their dependents, and those which 
                provide counseling, advocacy, and self-help 
                services to victims and their children.
          [(C) set forth procedures designed to involve State 
        domestic violence coalitions, knowledgeable 
        individuals, and interested organizations and assure an 
        equitable distribution of grants and grant funds within 
        the State and between urban and rural areas within such 
        State and a plan to address the needs of underserved 
        populations, as defined in section 2007 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796gg-2);
          [(D) specify the State agency to be designated as 
        responsible for the administration of programs and 
        activities relating to family violence which are 
        carried out by the State under this title and for 
        coordination of related programs within the State;
          [(E) provide documentation that procedures have been 
        developed, and implemented including copies of the 
        policies and procedure, to assure the confidentiality 
        of records pertaining to any individual provided family 
        violence prevention or treatment services by any 
        program assisted under this title and provide 
        assurances that the address or location of any shelter-
        facility assisted under this title will, except with 
        written authorization of the person or persons 
        responsible for the operation of such shelter, not be 
        made public;
          [(F) provide documentation to the Secretary that the 
        State has a law or procedure that has been implemented 
        for the eviction of an abusing spouse from a share 
        household; and
          [(G) meet such requirements as the Secretary 
        reasonably determines are necessary to carry out the 
        purposes and provisions of this title.
    [(3) The Secretary shall approve any application that meets 
the requirements of this subsection, and the Secretary shall 
not disapprove any such application except after reasonable 
notice of the Secretary's intention to disapprove and after a 
6-month period providing an opportunity for correction of any 
deficiencies. The Secretary shall provide such notice within 45 
days of the date of the application if any of the provisions of 
paragraph (2) have not been satisfied in such application. If 
the State has not corrected the deficiencies in such 
application within the 6-month period following the receipt of 
the Secretary's notice of intention to disapprove, the 
Secretary shall withhold payment of any grant funds to such 
State until the date that is 30 days prior to the end of the 
fiscal year for which such grant funds are appropriated or 
until such time as the State provides documentation that the 
deficiencies have been corrected, whichever occurs first. State 
Domestic Violence Coalitions shall be permitted to participate 
in determining whether a grantee is in compliance with 
paragraph (2), except that no funds made available to State 
Domestic Violence Coalitions under section 311 shall be used to 
challenge a determination as to whether a grantee is in 
compliance with, or to seek the enforcement of, the eligibility 
requirements of such paragraph.
    [(4) Upon completion of the activities funded by a grant 
under this subpart, the State grantee shall file a performance 
report with the Director explaining the activities carried out 
together with an assessment of the effectiveness of those 
activities in achieving the purposes of this subpart. A section 
of this performance report shall be completed by each grantee 
or subgrantee that performed the direct services contemplated 
in the application certifying performance of direct services 
under the grant. The Director shall suspend funding for an 
approved application if an applicant fails to submit an annual 
performance report or if the funds are expended for purposes 
other than those set forth under this subpart, after following 
the procedures set forth in paragraph (3). Federal funds may be 
used only to supplement, not supplant, State funds.
    [(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).
    [(b)(1) The Secretary, from amounts appropriated to carry 
out this section, shall make available not less than 10 percent 
of such amounts to make grants to Indian tribes, tribal 
organizations and nonprofit private organizations approved by 
an Indian Tribe for the operation of a family violence shelter 
on a Reservation for projects designed to prevent family 
violence and to provide immediate shelter and related 
assistance for victims of family violence and their dependents.
    [(2) No grant may be made under this subsection unless an 
application is made to the Secretary at such time, in such 
manner, and containing or accompanied by such information as 
the Secretary deems essential to carry out the purposes and 
provisions of this title. Such application shall comply, as 
applicable, with the provisions of clauses (C) (with respect 
only to involving knowledgeable individuals and organizations), 
(D), (E) and (F) of subsection (a)(2). No entity eligible to 
submit an application under paragraph (1) shall be prohibited 
from making an application during any fiscal year for which 
funds are available because such entity has not previously 
applied or received funding under this section.
    [(3) In the case of a project for which the initial 
application for a demonstration grant under this subsection is 
made on or after the date of the enactment of the Child Abuse 
Programs, Adoption Opportunities, and Family Violence 
Prevention Amendments Act of 1992, the terms ``Indian tribe'' 
and ``tribal organization'', for purposes of this subsection, 
have the meaning given such terms in section 4 of the Indian 
Self-Determination and Education Assistance Act.
    [(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.
    [(d) No funds provided through demonstration grants made 
under this section may be used as direct payment to any victim 
of family violence or to any dependent of such victim.
    [(e) No income eligibility standard may be imposed upon 
individuals with respect to eligibility for assistance or 
services supported with funds appropriated to carry out this 
title.
    [(f) No grant may be made under this section to any entity 
other than a State or an Indian Tribe unless the entity 
provides for the following non-Federal matching local share as 
a proportion of the total amount of funds provided under this 
title to the project involved: with respect to an entity 
operating an existing program under this title, not less than 
20 percent, and with respect to an entity intending to operate 
a new program under this title, not less than 35 percent. The 
local share required under this subsection may be in cash or 
in-kind. The local share may not include any Federal funds 
provided under any authority other than this title.
    [(g) The Secretary shall assure that not less than 70 
percent of the funds distributed under subsection (a) or (b) 
shall be distributed to entities for the purpose of providing 
immediate shelter and related assistance to victims of family 
violence and their dependents as defined in section 320. Not 
less than 25 percent of the funds distributed under subsection 
(a) or (b) shall be distributed for the purpose of providing 
related assistance as defined under section 320(5)(A).]

                          [ALLOTMENT OF FUNDS]

    [Sec. 304. (a) From the sums appropriated under section 310 
and available for grants to States under this subsection for 
any fiscal year--
          [(1) Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana 
        Islands shall each be allotted not less than \1/8\ of 1 
        percent of the amounts available for grants under 
        section 303(a) for the fiscal year for which the 
        allotment is made; and
          [(2) each State shall be allotted for payment in a 
        grant authorized under section 303(a), $600,000, with 
        the remaining funds to be allotted to each State in an 
        amount that bears the same ratio to such remaining 
        funds as the population of such State bears to the 
        population of all States.
    [(b) For the purpose of this section, the population of 
each State, and the total population of all the States, shall 
be determined by the Secretary on the basis of the most recent 
census data available to the Secretary, and the Secretary shall 
use for such purpose, if available, the annual interim current 
census data produced by the Secretary of Commerce pursuant to 
section 181 of title, 13, United States Code.
    [(c) If the sums appropriated under section 310 for any 
fiscal year and available for grants to States authorized under 
section 303(a) are not sufficient to pay in full the total 
amounts which all States are entitled to receive under such 
section for such fiscal year, then the maximum amounts which 
all States are entitled to receive under such section for such 
fiscal year shall be ratably reduced. In the event that 
additional funds become available for making such grants for 
any fiscal year during which the preceding sentence is 
applicable, such reduced amounts shall be increased on the same 
basis as they were reduced.
    [(d)(1) If, at the end of the sixth month of any fiscal 
year for which sums are appropriated under section 310, the 
amount allotted to a State has not been made available to such 
State in grants under section 303(a) because of the failure of 
such State to meet the requirements for a grant, then the 
Secretary shall reallot such amount to States which meet such 
requirements.
    [(2) Funds made available by the Secretary through 
reallotment under paragraph (1) shall remain available for 
expenditure until the end of the fiscal year following the 
fiscal year in which such funds become available for 
reallotment.
    [(e) In subsection (a)(2), the term ``State'' does not 
include any jurisdiction specified in subsection (a)(1).]

                     [SECRETARIAL RESPONSIBILITIES]

    [Sec. 305. (a) The Secretary shall appoint 1 or more 
employees of the Department of Health and Human Services to 
carry out the provisions of this title, including carrying out 
evaluation and monitoring under this title. Any individual 
appointed under this sub-section shall, prior to such 
appointment, have had expertise in the field of family violence 
prevention and services.
    [(b) The Secretary shall--
          [(1) coordinate all programs within the Department of 
        Health and Human Services, and seek to coordinate all 
        other Federal programs, which involve the prevention of 
        incidents of family violence and the provision of 
        assistance for victims and potential victims of family 
        violence and their dependents, and ensure that such 
        activities as they relate to elderly persons are 
        coordinated with the Administration on Aging and the 
        National Institute on Aging within the Department of 
        Health and Human Services;
          [(2)(A) provide for research into the most effective 
        prevention, identification, and treatment thereof (such 
        as research into (i) the effectiveness of reducing 
        repeated incidents of family violence through a variety 
        of sentencing alternatives, such as incarceration, 
        fines, and counseling programs, individually or in 
        combination, and through the use of civil protection 
        orders removing the abuser from the family household, 
        (ii) the necessity and impact of a mandatory reporting 
        requirement relating to incidents of family violence, 
        particularly abuse of elderly persons), (iii) the 
        effectiveness of providing safety and support to 
        maternal and child victims of family violence as a way 
        to eliminate the abuse experienced by children in such 
        situations, (iv) identification of intervention 
        approaches to child abuse prevention services which 
        appear to be successful in preventing child abuse where 
        both mother and child are abused, (v) effective and 
        appropriate treatment services for children where both 
        mother and child are abused, and (vi) the individual 
        and situational factors leading to the end of violent 
        and abusive behavior by persons who commit acts of 
        family violence, including such factors as history of 
        previous violence and the legal and service 
        interventions received, and (B) make a complete study 
        and investigation (in consultation with the National 
        Institute on Aging) of the national incidence of abuse, 
        neglect, and exploitation of elderly persons, including 
        a determination of the extent to which incidents of 
        such abuse, neglect, and exploitation are increasing in 
        number or severity; and--
          [(3) provide for the training of personnel and 
        provide technical assistance in the conduct of programs 
        for the prevention and treatment of family violence.]

                              [EVALUATION]

    [Sec. 306. Every 2 years, the Secretary shall review, 
evaluate, and report to the appropriate Committees of the 
Congress, as to the effectiveness of the programs administered 
and operated pursuant to this title, particularly in relation 
to repeated incidents of family violence. Such report shall 
also include a summary of the documentation provided to the 
Secretary under section 303(a)(2)(B) through 303(a)(2)(F).]

                      [DISCRIMINATION PROHIBITED]

    [Sec. 307. (a)(1) For the purpose of applying the 
prohibitions against discrimination on the basis of age under 
the Age Discrimination Act of 1975, on the basis of handicap 
under section 504 of the Rehabilitation Act of 1973, on the 
basis of sex under title IX of the Education Amendments of 
1972, or on the basis of race, color, or national origin under 
title VI of the Civil Rights Act of 1964, programs and 
activities funded in whole or in part with funds made available 
under this part are considered to be programs and activities 
receiving Federal financial assistance.
    [(2) No person shall on the ground of sex or religion be 
excluded from participation in, be denied the benefits of, or 
be subject to discrimination under, any program or activity 
funded in whole or in part with funds made available under this 
title. Nothing in this title shall require any such program or 
activity to include any individual in any program or activity 
without taking into consideration that individual's sex in 
those certain instances where sex is a bona fide occupational 
qualification or programmatic factor reasonably necessary to 
the normal operation of that particular program or activity. 
The Secretary shall enforce the provisions of the preceding 
sentence in accordance with section 602 of the Civil Rights Act 
of 1964. Section 603 of such Act shall apply with respect to 
any action taken by the Secretary to enforce such sentence. 
This paragraph shall not be construed as affecting any other 
legal remedy.
    [(b) Whenever the Secretary finds that a State or other 
entity that has received financial assistance under this title 
has failed to comply with a provision of law referred to in 
subsection (a)(1), with subsection (a)(2), or with an 
applicable regulation (including one prescribed to carry out 
subsection (a)(2)), the Secretary shall notify the chief 
executive officer of the State and shall request such officer 
to secure compliance. If, within a reasonable period of time, 
not to exceed sixty days, the chief executive officer fails or 
refuses to se- cure compliance, the Secretary may--
          [(1) refer the matter to the Attorney General of the 
        United States with a recommendation that an appropriate 
        civil action be instituted,
          [(2) exercise the powers and functions provided by 
        title VI of the Civil Rights Act of 1964, the Age 
        Discrimination Act of 1975, sections 504 and 505 of the 
        Rehabilitation Act of 1973, or title IX of the 
        Education Amendments of 1972, as may be applicable, or
          [(3) take such other action as may be provided by 
        law.
    [(c) When a matter is referred to the Attorney General 
pursuant to subsection (b)(1), or whenever the Attorney General 
has reason to believe that a State or an entity is engaged in a 
pattern or prac- tice in violation of a provision of law 
referred to in subsection (a)(1) or in violation of subsection 
(a)(2), the Attorney General may bring a civil action in any 
appropriate district court of the United States for such relief 
as may be appropriate, including injunctive relief.]

[SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

    [(a) Purpose and Grants.--
          [(1) Purpose.--It is the purpose of this section to 
        provide resource information, training, and technical 
        assistance to Federal, State, and Indian tribal 
        agencies, as well as to local domestic violence 
        programs and to other professionals who provide 
        services to victims of domestic violence.
          [(2) Grants.--From the amounts appropriated under 
        this title, the Secretary shall award grants to private 
        nonprofit organizations for the establishment and 
        maintenance of one national resource center (as 
        provided for in subsection (b)) and not to exceed seven 
        special issue resource centers (as provided for in 
        subsection (c)) focusing on one or more issues of 
        concern to domestic violence victims.
    [(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.
    [(c) Special Issue Resource Centers.--The special issue 
resource centers established under subsection (a)(2) shall 
provide information, training and technical assistance to State 
and local domestic violence service providers, and shall 
specialize in at least one of the following areas of domestic 
violence service, prevention, or law:
          [(1) Criminal justice response to domestic violence, 
        includ- ing court-mandated abuser treatment.
          [(2) Improving the response of Child Protective 
        Service agencies to battered mothers of abused 
        children.
          [(3) Child custody issues in domestic violence cases.
          [(4) The use of the self-defense plea by domestic 
        violence victims.
          [(5) Improving interdisciplinary health care 
        responses and access to health care resources for 
        victims of domestic violence.
          [(6) Improving access to and the quality of legal 
        representation for victims of domestic violence in 
        civil litigation, including the issuance and 
        enforcement of protection orders.
          [(7) Providing technical assistance and training to 
        State domestic violence coalitions.
    [(d) Eligibility.--To be eligible to receive a grant under 
this section an entity shall be a private nonprofit 
organization that--
          [(1) focuses primarily on domestic violence;
          [(2) provides documentation to the Secretary 
        demonstrating experience working directly on issues of 
        domestic violence, particularly in the specific subject 
        area for which it is applying;
          [(3) include on its advisory boards representatives 
        from domestic violence programs in the region who are 
        geographically and culturally diverse; and
          [(4) demonstrate the strong support of domestic 
        violence advocates from across the country and the 
        region for their designation as the national or a 
        special issue resource center.
     [(e) Reporting.--Not later than 6 months after receiving a 
grant under this section, a grantee shall prepare and submit a 
report to the Secretary that evaluates the effectiveness of the 
use of amounts received under such grant by such grantee and 
containing such additional information as the Secretary may 
prescribe.
     [(f) Definition.--For purposes of this section, the term 
``Indian tribal agency'' means an Indian tribe or tribal 
organization, as de- fined in section 4 of the Indian Self-
Determination and Education Assistance Act.]

[SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    [(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) Section 303 (a) and (b).--Of the amounts appropriated 
under subsection (a) for each fiscal year (and not reserved 
under subsection (a)(2)), not less than 70 percent shall be 
used for making grants under subsection 303(a), and not less 
than 10 percent shall be used for the purpose of carrying out 
section 303(b).
     [(c) Section 308.--Of the amounts appropriated under sub-
section (a) for each fiscal year (and not reserved under 
subsection (a)(2)), 5 percent shall be used by the Secretary 
for making grants under section 308.
     [(d) Grants for State Coalitions.--Of the amounts 
appropriated under subsection (a) for each fiscal year (and not 
reserved under subsection (a)(2)), not less than 10 percent of 
such amounts shall be used by the Secretary for making grants 
under section 311.
    [(e) Non-Supplanting Requirement.--Federal funds made 
available to a State under this title shall be used to 
supplement and not supplant other Federal, State, and local 
public funds expended to provide services and activities that 
promote the purposes of this title.]

[SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

    [(a) In General.--The Secretary shall award grants for the 
funding of State domestic violence coalitions. Such coalitions 
shall further the purposes of domestic violence intervention 
and preven- tion through activities, including--
          [(1) working with local domestic violence programs 
        and providers of direct services to encourage 
        appropriate responses to domestic violence within the 
        State, including--
                  [(A) training and technical assistance for 
                local programs and professionals working with 
                victims of domestic violence;
                  [(B) planning and conducting State needs 
                assessments and planning for comprehensive 
                services;
                  [(C) serving as an information clearinghouse 
                and re- source center for the State; and
                  [(D) collaborating with other governmental 
                systems which affect battered women;
          [(2) working with judicial and law enforcement 
        agencies to encourage appropriate responses to domestic 
        violence cases and examine issues including--
                  [(A) the inappropriateness of mutual 
                protection orders;
                  [(B) the prohibition of mediation when 
                domestic violence is involved;
                  [(C) the use of mandatory arrests of accused 
                offenders;
                  [(D) the discouragement of dual arrests;
                  [(E) the adoption of aggressive and vertical 
                prosecution policies and procedures;
                  [(F) the use of mandatory requirements for 
                presentence investigations;
                  [(G) the length of time taken to prosecute 
                cases or reach plea agreements;
                  [(H) the use of plea agreements;
                  [(I) the consistency of sentencing, including 
                comparisons of domestic violence crimes with 
                other violent crimes;
                  [(J) the restitution of victims;
                  [(K) the use of training and technical 
                assistance to law enforcement, judges, court 
                officers and other criminal justice 
                professionals;
                  [(L) the reporting practices of, and 
                significance to be accorded to, prior 
                convictions (both felony and misdemeanor) and 
                protection orders;
                  [(M) the use of interstate extradition in 
                cases of domes- tic violence crimes;
                  [(N) the use of statewide and regional 
                planning; and
                  [(O) any other matters as the Secretary and 
                the State domestic violence coalitions believe 
                merit investigations;
          [(3) work with family law judges, criminal court 
        judges, Child Protective Services agencies, and 
        children's advocates to develop appropriate responses 
        to child custody and visitation issues in domestic 
        violence cases as well as cases where domestic violence 
        and child abuse are both present, including--
                  [(A) the inappropriateness of mutual 
                protection orders;
                  [(B) the prohibition of mediation where 
                domestic violence is involved;
                  [(C) the inappropriate use of marital or 
                conjoint counseling in domestic violence cases;
                  [(D) the use of training and technical 
                assistance for family law judges, criminal 
                court judges, and court personnel;
                  [(E) the presumption of custody to domestic 
                violence victims;
                  [(F) the use of comprehensive protection 
                orders to grant fullest protections possible to 
                victims of domestic violence, including 
                temporary custody support and maintenance;
                  [(G) the development by Child Protective 
                Service of supportive responses that enable 
                victims to protect their children;
                  [(H) the implementation of supervised 
                visitations or denial of visitation to protect 
                against danger to victims or their children; 
                and
                  [(I) the possibility of permitting domestic 
                violence victims to remove children from the 
                State when the safety of the children or the 
                victim is at risk;
          [(4) conduct public education campaigns regarding 
        domestic violence through the use of public service 
        announcements and informative materials that are 
        designed for print media, bill-boards, public transit 
        advertising, electronic broadcast media, and other 
        vehicles for information that shall inform the public 
        concerning domestic violence, including information 
        aimed at undeserved racial, ethnic or language-minority 
        populations; and
          [(5) participate in planning and monitoring of the 
        distribution of grants and grant funds to their State 
        under section 303(a).
    [(b) Eligibility.--To be eligible for a grant under this 
section, an entity shall be a statewide nonprofit State 
domestic violence coalition meeting the following conditions:
          [(1) The membership of the coalition includes 
        representatives from a majority of the programs for 
        victims of domestic violence in the State.
          [(2) The board membership of the coalition is 
        representative of such programs.
          [(3) The purpose of the coalition is to provide 
        services, community education, and technical assistance 
        to such programs to establish and maintain shelter and 
        related services for victims of domestic violence and 
        their children.
          [(4) In the application submitted by the coalition 
        for the grant, the coalition provides assurances 
        satisfactory to the Secretary that the coalition--
                  [(A) has actively sought and encouraged the 
                participation of law enforcement agencies and 
                other legal or judicial entities in the 
                preparation of the application; and
                  [(B) will actively seek and encourage the 
                participation of such entities in the 
                activities carried out with the grant.
    [(c) Allotment of Funds.--From amounts appropriated under 
this section for each fiscal year, the Secretary shall allot to 
each State, the District of Columbia, the Commonwealth of 
Puerto Rico, and the combined U.S. Territories an amount equal 
to \1/53\ of the amount appropriated for such fiscal year. For 
purposes of this section, the term ``combined U.S. 
Territories'' means Guam, American Samoa, the U.S. Virgin 
Islands, the Northern Mariana Islands, and the Trust Territory 
of the Pacific Islands and shall not receive less than 1.5 
percent of the funds appropriated for each fiscal year.
    [(d) Prohibition on Lobbying.--No funds made available to 
entities under this section shall be used, directly or 
indirectly, to influence the issuance, amendment, or revocation 
of any executive order or similar promulgation by any Federal, 
State or local agency, or to undertake to influence the passage 
or defeat of any legislation by Congress, or by any State or 
local legislative body, or State proposals by initiative 
petition, except that the representatives of the entity may 
testify or make other appropriate communication--
          [(1) when formally requested to do so by a 
        legislative body, a committee, or a member thereof; or
          [(2) in connection with legislation or appropriations 
        directly affecting the activities of the entity.
    [(e) Reporting.--Each State domestic violence coalition 
receiving amounts under this section shall submit a report to 
the Secretary describing the coordination, training and 
technical assistance and public education services performed 
with such amounts and evaluating the effectiveness of those 
services.
    [(f) Definition.--For purposes of this section, a State 
domestic violence coalition may include representatives of 
Indian tribes and tribal organizations, as defined in section 4 
of the Indian Self-Determination and Education Assistance Act.
    [(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.]

               [ADMINISTRATION AND STATUTORY CONSTRUCTION

    [Sec. 312. (a) In order to carry out the provisions of this 
title, the Secretary is authorized to--
          [(1) appoint and fix the compensation of such 
        personnel as are necessary;
          [(2) procure, to the extent authorized by section 
        3109 of title 5, United States Code, such temporary and 
        intermittent services of experts and consultants as are 
        necessary;
          [(3) make grants to public and nonprofit private 
        entities or enter into contracts with public or private 
        entities; and
          [(4) prescribe such regulations as are reasonably 
        necessary in order to carry out the purposes and 
        provisions of this title.
[Not later than 90 days after the date of enactment of this 
sentence, the Secretary shall publish proposed regulations 
implementing sections 303, 308, and 314. Not later than 120 
days after such date of enactment, the Secretary shall publish 
final regulations implementing such sections.
    [(b) Nothing in this title shall be construed to supersede 
the application of State or local requirements for the 
reporting of incidents of suspected child abuse to the 
appropriate State authorities.
    [(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. 314. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS.

    [(a) In General.--The Secretary may make grants to public 
or private nonprofit entities to provide public information 
campaigns regarding domestic violence through the use of public 
service announcements and informative materials that are 
designed for print media, billboards, public transit 
advertising, electronic broadcast media, and other vehicles for 
information that shall inform the public concerning domestic 
violence.
    [(b) Application.--No grant, contract, or cooperative 
agreement shall be made or entered into under this section 
unless an application that meets the requirements of subsection 
(c) has been approved by the Secretary.
    [(c) Requirements.--An application submitted under 
subsection (b) shall--
          [(1) provide 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, including a description of how 
        the proposed public information campaign will target 
        the population at risk, including pregnant women;
          [(2) include a complete description of the plan of 
        the application for the development of a public 
        information campaign;
          [(3) identify the specific audiences that will be 
        educated, including communities and groups with the 
        highest prevalence of domestic violence;
          [(4) identify the media to be used in the campaign 
        and the geographic distribution of the campaign;
          [(5) describe plans to test market a development plan 
        with a relevant population group and in a relevant 
        geographic area and give assurance that effectiveness 
        criteria will be implemented prior to the completion of 
        the final plan that will include an evaluation 
        component to measure the overall effectiveness of the 
        campaign;
          [(6) describe the kind, amount, distribution, and 
        timing of informational messages and such other 
        information as the Secretary may require, with 
        assurances that media organizations and other groups 
        with which such messages are placed will not lower the 
        current frequency of public service announcements; and
          [(7) contain such other information as the Secretary 
        may require.
    [(d) Use.--A grant, contract, or agreement made or entered 
into under this section shall be used for the development of a 
public information campaign that may include public service 
announcements, paid educational messages for print media, 
public transit advertising, electronic broadcast media, and any 
other mode of conveying information that the Secretary 
determines to be appropriate.
    [(e) Criteria.--The criteria for awarding grants shall 
ensure that an applicant--
          [(1) will conduct activities that educate communities 
        and groups at greatest risk;
          [(2) has a record of high quality campaigns of a 
        comparable type; and
          [(3) has a record of high quality campaigns that 
        educate the population groups identified as most at 
        risk.
    [(f) For purposes of this section, the term ``public or 
private non-profit entity'' includes an ``Indian tribe'' or 
``tribal organization'', as defined in section 4 of the Indian 
Self-Determination and Education Assistance Act.]

           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

SEC. 301. SHORT TITLE; PURPOSE.

   (a) Short Title.--This title may be cited as the ``Family 
Violence Prevention and Services Act''.
   (b) Purpose.--It is the purpose of this title to--
           (1) assist States and Indian tribes in efforts to 
        increase public awareness about, and primary and 
        secondary prevention of, family violence, domestic 
        violence, and dating violence;
           (2) assist States and Indian tribes in efforts to 
        provide immediate shelter and supportive services for 
        victims of family violence, domestic violence, or 
        dating violence, and their dependents;
           (3) provide for a national domestic violence 
        hotline;
           (4) provide for technical assistance and training 
        relating to family violence, domestic violence, and 
        dating violence programs to States and Indian tribes, 
        local public agencies (including law enforcement 
        agencies, courts, and legal, social service, and health 
        care professionals in public agencies), nonprofit 
        private organizations (including faith-based and 
        charitable organizations, community-based 
        organizations, and voluntary associations), tribal 
        organizations, and other persons seeking such 
        assistance and training.

 SEC. 302. DEFINITIONS.

   In this title:
           (1) Alaska native.--The term ``Alaska Native'' has 
        the meaning given the term ``Native'' in section 3 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602).
           (2) Dating violence.--The term ``dating violence'' 
        has the meaning given such term in section 40002(a) of 
        the Violence Against Women Act of 1994 (42 U.S.C. 
        13925(a)).
           (3) Domestic violence.--The term ``domestic 
        violence'' has the meaning given such term in section 
        40002(a) of the Violence Against Women Act of 1994 (42 
        U.S.C. 13925(a)).
           (4) Family violence.--The term ``family violence'' 
        means any act or threatened act of violence, including 
        any forceful detention of an individual, that--
                   (A) results or threatens to result in 
                physical injury; and
                   (B) is committed by a person against another 
                individual (including an elderly individual) to 
                or with whom such person--
                           (i) is related by blood;
                           (ii) is or was related by marriage 
                        or is or was otherwise legally related; 
                        or
                           (iii) is or was lawfully residing.
           (5) Indian; indian tribe; tribal organization.--The 
        terms ``Indian'', ``Indian tribe'', and ``tribal 
        organization'' have the meanings given such terms in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
          (6) Native hawaiian.--The term ``Native Hawaiian'' 
        has the meaning given the term in section 7207 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7517).
           (7) Personally identifying information.--The term 
        ``personally identifying information'' has the meaning 
        given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(a)).
           (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
           (9) Shelter.--The term ``shelter'' means the 
        provision of temporary refuge and supportive services 
        in compliance with applicable State law (including 
        regulation) governing the provision, on a regular 
        basis, of shelter, safe homes, meals, and supportive 
        services to victims of family violence, domestic 
        violence, or dating violence, and their dependents.
           (10) State.--The term ``State'' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and, except as otherwise 
        provided, Guam, American Samoa, the United States 
        Virgin Islands, and the Commonwealth of the Northern 
        Mariana Islands.
           (11) State domestic violence coalition.--The term 
        ``State Domestic Violence Coalition'' means a statewide 
        nongovernmental nonprofit private domestic violence 
        organization that--
                   (A) has a membership that includes a 
                majority of the primary-purpose domestic 
                violence service providers in the State;
                   (B) has board membership that is 
                representative of primary-purpose domestic 
                violence service providers, and which may 
                include representatives of the communities in 
                which the services are being provided in the 
                State;
                   (C) has as its purpose to provide education, 
                support, and technical assistance to such 
                service providers to enable the providers to 
                establish and maintain shelter and supportive 
                services for victims of domestic violence and 
                their dependents; and
                   (D) serves as an information clearinghouse, 
                primary point of contact, and resource center 
                on domestic violence for the State and supports 
                the development of polices, protocols, and 
                procedures to enhance domestic violence 
                intervention and prevention in the State.
           (12) Supportive services.--The term ``supportive 
        services'' means services for adult and youth victims 
        of family violence, domestic violence, or dating 
        violence, and dependents exposed to family violence, 
        domestic violence, or dating violence, that are 
        designed to--
                   (A) meet the needs of such victims of family 
                violence, domestic violence, or dating 
                violence, and their dependents, for short-term, 
                transitional, or long-term safety; and
                   (B) provide counseling, advocacy, or 
                assistance for victims of family violence, 
                domestic violence, or dating violence, and 
                their dependents.
           (13) Tribally designated official.--The term 
        ``tribally designated official'' means an individual 
        designated by an Indian tribe, tribal organization, or 
        nonprofit private organization authorized by an Indian 
        tribe, to administer a grant under section 309.
           (14) Underserved populations.--The term 
        ``underserved populations'' has the meaning given the 
        term in section 40002(a) of the Violence Against Women 
        Act of 1994 (42 U.S.C. 13925(a). For the purposes of 
        this title, the Secretary has the same authority to 
        determine whether a population is an underserved 
        population as the Attorney General has under that 
        section 40002(a).

 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

   (a) Formula Grants to States.--
           (1) In general.--There is authorized to be 
        appropriated to carry out sections 301 through 312, 
        $175,000,000 for each of fiscal years 2011 through 
        2015.
           (2) Allocations.--
                   (A) Formula grants to states.--
                           (i) Reservation of funds.--For any 
                        fiscal year for which the amounts 
                        appropriated under paragraph (1) exceed 
                        $130,000,000, not less than 25 percent 
                        of such excess funds shall be made 
                        available to carry out section 312.
                           (ii) Formula grants.--Of the amounts 
                        appropriated under paragraph (1) for a 
                        fiscal year and not reserved under 
                        clause (i), not less than 70 percent 
                        shall be used for making grants under 
                        section 306(a).
                   (B) Grants to tribes.--Of the amounts 
                appropriated under paragraph (1) for a fiscal 
                year and not reserved under subparagraph 
                (A)(i), not less than 10 percent shall be used 
                to carry out section 309.
                   (C) Technical assistance and training 
                centers.--Of the amounts appropriated under 
                paragraph (1) for a fiscal year and not 
                reserved under subparagraph (A)(i), not less 
                than 6 percent shall be used by the Secretary 
                for making grants under section 310.
                   (D) Grants for state domestic violence 
                coalitions.--Of the amounts appropriated under 
                paragraph (1) for a fiscal year and not 
                reserved under subparagraph (A)(i), not less 
                than 10 percent of such amounts shall be used 
                by the Secretary for making grants under 
                section 311.
                   (E) Administration, evaluation and 
                monitoring.--Of the amount appropriated under 
                paragraph (1) for a fiscal year and not 
                reserved under subparagraph (A)(i), not more 
                than 2.5 percent shall be used by the Secretary 
                for evaluation, monitoring, and other 
                administrative costs under this title.
   (b) National Domestic Violence Hotline.--There is authorized 
to be appropriated to carry out section 313 $3,500,000 for each 
of fiscal years 2011 through 2015.
   (c) Domestic Violence Prevention Enhancement and Leadership 
Through Alliances.--There is authorized to be appropriated to 
carry out section 314 $6,000,000 for each of fiscal years 2011 
through 2015.

 SEC. 304. AUTHORITY OF SECRETARY.

   (a) Authorities.--In order to carry out the provisions of 
this title, the Secretary is authorized to--
           (1) appoint and fix the compensation of such 
        personnel as are necessary;
           (2) procure, to the extent authorized by section 
        3109 of title 5, United States Code, such temporary and 
        intermittent services of experts and consultants as are 
        necessary;
           (3) make grants to eligible entities or enter into 
        contracts with for-profit or nonprofit nongovernmental 
        entities and establish reporting requirements for such 
        grantees and contractors;
           (4) prescribe such regulations and guidance as are 
        reasonably necessary in order to carry out the 
        objectives and provisions of this title, including 
        regulations and guidance on implementing new grant 
        conditions established or provisions modified by 
        amendments made to this title by the CAPTA 
        Reauthorization Act of 2010, to ensure accountability 
        and transparency of the actions of grantees and 
        contractors, or as determined by the Secretary to be 
        reasonably necessary to carry out this title; and
           (5) coordinate programs within the Department of 
        Health and Human Services, and seek to coordinate those 
        programs with programs administered by other Federal 
        agencies, that involve or affect efforts to prevent 
        family violence, domestic violence, and dating violence 
        or the provision of assistance for adult and youth 
        victims of family violence, domestic violence, or 
        dating violence.
   (b) Administration.--The Secretary shall--
           (1) assign 1 or more employees of the Department of 
        Health and Human Services to carry out the provisions 
        of this title, including carrying out evaluation and 
        monitoring under this title, which employees shall, 
        prior to such appointment, have expertise in the field 
        of family violence and domestic violence prevention and 
        services and, to the extent practicable, have expertise 
        in the field of dating violence;
           (2) provide technical assistance in the conduct of 
        programs for the prevention and treatment of family 
        violence, domestic violence, and dating violence;
           (3) provide for and coordinate research into the 
        most effective approaches to the intervention in and 
        prevention of family violence, domestic violence, and 
        dating violence, by--
                   (A) consulting with experts and program 
                providers within the family violence, domestic 
                violence, and dating violence field to identify 
                gaps in research and knowledge, establish 
                research priorities, and disseminate research 
                findings;
                   (B) collecting and reporting data on the 
                provision of family violence, domestic 
                violence, and dating violence services, 
                including assistance and programs supported by 
                Federal funds made available under this title 
                and by other governmental or nongovernmental 
                sources of funds; and
                   (C) coordinating family violence, domestic 
                violence, and dating violence research efforts 
                within the Department of Health and Human 
                Services with relevant research administered or 
                carried out by other Federal agencies and other 
                researchers, including research on the 
                provision of assistance for adult and youth 
                victims of family violence, domestic violence, 
                or dating violence; and
           (4) support the development and implementation of 
        effective policies, protocols, and programs within the 
        Department and at other Federal agencies that address 
        the safety and support needs of adult and youth victims 
        of family violence, domestic violence, or dating 
        violence.
  (c) Reports.--Every 2 years, the Secretary shall review and 
evaluate the activities conducted by grantees, subgrantees, and 
contractors under this title and the effectiveness of the 
programs administered pursuant to this title, and submit a 
report containing the evaluation to the Committee on Education 
and Labor of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate. Such 
report shall also include a summary of the documentation 
provided to the Secretary through performance reports submitted 
under section 306(d). The Secretary shall make publicly 
available on the Department of Health and Human Services 
website the evaluation reports submitted to Congress under this 
subsection, including the summary of the documentation provided 
to the Secretary under section 306(d).

SEC. 305. ALLOTMENT OF FUNDS.

  (a) In General.--From the sums appropriated under section 303 
and available for grants to States under section 306(a) for any 
fiscal year--
          (1) Guam, American Samoa, the United States Virgin 
        Islands, and the Commonwealth of the Northern Mariana 
        Islands shall each be allotted not less than \1/8\ of 1 
        percent of the amounts available for grants under 
        section 306(a) for the fiscal year for which the 
        allotment is made; and
          (2) each State shall be allotted for a grant under 
        section 306(a), $600,000, with the remaining funds to 
        be allotted to each State in an amount that bears the 
        same ratio to such remaining funds as the population of 
        such State bears to the population of all States.
  (b) Population.--For the purpose of this section, the 
population of each State, and the total population of all the 
States, shall be determined by the Secretary on the basis of 
the most recent census data available to the Secretary, and the 
Secretary shall use for such purpose, if available, the annual 
interim current census data produced by the Secretary of 
Commerce pursuant to section 181 of title 13, United States 
Code.
  (c) Ratable Reduction.--If the sums appropriated under 
section 303 for any fiscal year and available for grants to 
States under section 306(a) are not sufficient to pay in full 
the total amounts that all States are entitled to receive under 
subsection (a) for such fiscal year, then the maximum amounts 
that all States are entitled to receive under subsection (a) 
for such fiscal year shall be ratably reduced. In the event 
that additional funds become available for making such grants 
for any fiscal year during which the preceding sentence is 
applicable, such reduced amounts shall be increased on the same 
basis as they were reduced.
  (d) Reallotment.--If, at the end of the sixth month of any 
fiscal year for which sums are appropriated under section 303, 
the amount allotted to a State has not been made available to 
such State in a grant under section 306(a) because of the 
failure of such State to meet the requirements for such a 
grant, then the Secretary shall reallot such amount to States 
that meet such requirements.
  (e) Continued Availability of Funds.--All funds allotted to a 
State for a fiscal year under this section, and made available 
to such State in a grant under section 306(a), shall remain 
available for obligation by the State until the end of the 
following fiscal year. All such funds that are not obligated by 
the State by the end of the following fiscal year shall be made 
available to the Secretary for discretionary activities under 
section 314. Such funds shall remain available for obligation, 
and for expenditure by a recipient of the funds under section 
314, for not more than 1 year from the date on which the funds 
are made available to the Secretary.
  (f) Definition.--In subsection (a)(2), the term ``State'' 
does not include any jurisdiction specified in subsection 
(a)(1).

SEC. 306. FORMULA GRANTS TO STATES.

    (a) Formula Grants to States.--The Secretary shall award 
grants to States in order to assist in supporting the 
establishment, maintenance, and expansion of programs and 
projects--
          (1) to prevent incidents of family violence, domestic 
        violence, and dating violence;
          (2) to provide immediate shelter, supportive 
        services, and access to community-based programs for 
        victims of family violence, domestic violence, or 
        dating violence, and their dependents; and
          (3) to provide specialized services for children 
        exposed to family violence, domestic violence, or 
        dating violence, underserved populations, and victims 
        who are members of racial and ethnic minority 
        populations.
  (b) Administrative Expenses.--
          (1) Administrative costs.--Each State may use not 
        more than 5 percent of the grant funds for State 
        administrative costs.
          (2) Subgrants to eligible entities.--The State shall 
        use the remainder of the grant funds to make subgrants 
        to eligible entities for approved purposes as described 
        in section 308.
  (c) Grant Conditions.--
          (1) Approved activities.--In carrying out the 
        activities under this title, grantees and subgrantees 
        may collaborate with and provide information to 
        Federal, State, local, and tribal public officials and 
        agencies, in accordance with limitations on disclosure 
        of confidential or private information as described in 
        paragraph (5), to develop and implement policies to 
        reduce or eliminate family violence, domestic violence, 
        and dating violence.
          (2) Discrimination prohibited.--
                  (A) Application of civil rights provisions.--
                For the purpose of applying the prohibitions 
                against discrimination on the basis of age 
                under the Age Discrimination Act of 1975 (42 
                U.S.C. 6101 et seq.), on the basis of 
                disability under section 504 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794), on 
                the basis of sex under title IX of the 
                Education Amendments of 1972 (20 U.S.C. 1681 et 
                seq.), or on the basis of race, color, or 
                national origin under title VI of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000d et seq.), 
                programs and activities funded in whole or in 
                part with funds made available under this title 
                are considered to be programs and activities 
                receiving Federal financial assistance.
                  (B) Prohibition on discrimination on basis of 
                sex, religion.--
                          (i) In general.--No person shall on 
                        the ground of sex or religion be 
                        excluded from participation in, be 
                        denied the benefits of, or be subject 
                        to discrimination under, any program or 
                        activity funded in whole or in part 
                        with funds made available under this 
                        title. Nothing in this title shall 
                        require any such program or activity to 
                        include any individual in any program 
                        or activity without taking into 
                        consideration that individual's sex in 
                        those certain instances where sex is a 
                        bona fide occupational qualification or 
                        programmatic factor reasonably 
                        necessary to the normal or safe 
                        operation of that particular program or 
                        activity.
                          (ii) Enforcement.--The Secretary 
                        shall enforce the provisions of clause 
                        (i) in accordance with section 602 of 
                        the Civil Rights Act of 1964 (42 U.S.C. 
                        2000d-1). Section 603 of such Act (42 
                        U.S.C. 2000d-2) shall apply with 
                        respect to any action taken by the 
                        Secretary to enforce such clause.
                          (iii) Construction.--This 
                        subparagraph shall not be construed as 
                        affecting any legal remedy provided 
                        under any other provision of law.
                  (C) Enforcement authorities of secretary.--
                Whenever the Secretary finds that a State, 
                Indian tribe, or other entity that has received 
                financial assistance under this title has 
                failed to comply with a provision of law 
                referred to in subparagraph (A), with 
                subparagraph (B), or with an applicable 
                regulation (including one prescribed to carry 
                out subparagraph (B)), the Secretary shall 
                notify the chief executive officer of the State 
                involved or the tribally designated official of 
                the tribe involved and shall request such 
                officer or official to secure compliance. If, 
                within a reasonable period of time, not to 
                exceed 60 days, the chief executive officer or 
                official fails or refuses to secure compliance, 
                the Secretary may--
                          (i) refer the matter to the Attorney 
                        General with a recommendation that an 
                        appropriate civil action be instituted;
                          (ii) exercise the powers and 
                        functions provided by title VI of the 
                        Civil Rights Act of 1964 (42 U.S.C. 
                        2000d et seq.), the Age Discrimination 
                        Act of 1975 (42 U.S.C. 6101 et seq.), 
                        sections 504 and 505 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 
                        794, 794(a)), or title IX of the 
                        Education Amendments of 1972 (20 U.S.C. 
                        1681 et seq.), as may be applicable; or
                          (iii) take such other action as may 
                        be provided by law.
                  (D) Enforcement authority of attorney 
                general.--When a matter is referred to the 
                Attorney General pursuant to subparagraph 
                (C)(i), or whenever the Attorney General has 
                reason to believe that a State, an Indian 
                tribe, or an entity described in subparagraph 
                (C) is engaged in a pattern or practice in 
                violation of a provision of law referred to in 
                subparagraph (A) or in violation of 
                subparagraph (B), the Attorney General may 
                bring a civil action in any appropriate 
                district court of the United States for such 
                relief as may be appropriate, including 
                injunctive relief.
          (3) Income eligibility standards.--No income 
        eligibility standard may be imposed upon individuals 
        with respect to eligibility for assistance or services 
        supported with funds appropriated to carry out this 
        title. No fees may be levied for assistance or services 
        provided with funds appropriated to carry out this 
        title.
          (4) Match.--No grant shall be made under this section 
        to any entity other than a State or an Indian tribe 
        unless the entity agrees that, with respect to the 
        costs to be incurred by the entity in carrying out the 
        program or project for which the grant is awarded, the 
        entity will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions in an amount that is not less than $1 for 
        every $5 of Federal funds provided under the grant. The 
        non-Federal contributions required under this paragraph 
        may be in cash or in kind.
          (5) Nondisclosure of confidential or private 
        information.--
                  (A) In general.--In order to ensure the 
                safety of adult, youth, and child victims of 
                family violence, domestic violence, or dating 
                violence, and their families, grantees and 
                subgrantees under this title shall protect the 
                confidentiality and privacy of such victims and 
                their families.
                  (B) Nondisclosure.--Subject to subparagraphs 
                (C), (D), and (E), grantees and subgrantees 
                shall not--
                          (i) disclose any personally 
                        identifying information collected in 
                        connection with services requested 
                        (including services utilized or 
                        denied), through grantees' and 
                        subgrantees' programs; or
                          (ii) reveal personally identifying 
                        information without informed, written, 
                        reasonably time-limited consent by the 
                        person about whom information is 
                        sought, whether for this program or any 
                        other Federal or State grant program, 
                        which consent--
                                  (I) shall be given by--
                                          (aa) the person, 
                                        except as provided in 
                                        item (bb) or (cc);
                                          (bb) in the case of 
                                        an unemancipated minor, 
                                        the minor and the 
                                        minor's parent or 
                                        guardian; or
                                          (cc) in the case of 
                                        an individual with a 
                                        guardian, the 
                                        individual's guardian; 
                                        and
                                  (II) may not be given by the 
                                abuser or suspected abuser of 
                                the minor or individual with a 
                                guardian, or the abuser or 
                                suspected abuser of the other 
                                parent of the minor.
                  (C) Release.--If release of information 
                described in subparagraph (B) is compelled by 
                statutory or court mandate--
                          (i) grantees and subgrantees shall 
                        make reasonable attempts to provide 
                        notice to victims affected by the 
                        release of the information; and
                          (ii) grantees and subgrantees shall 
                        take steps necessary to protect the 
                        privacy and safety of the persons 
                        affected by the release of the 
                        information.
                  (D) Information sharing.--Grantees and 
                subgrantees may share--
                          (i) nonpersonally identifying 
                        information, in the aggregate, 
                        regarding services to their clients and 
                        demographic nonpersonally identifying 
                        information in order to comply with 
                        Federal, State, or tribal reporting, 
                        evaluation, or data collection 
                        requirements;
                          (ii) court-generated information and 
                        law enforcement-generated information 
                        contained in secure, governmental 
                        registries for protective order 
                        enforcement purposes; and
                          (iii) law enforcement- and 
                        prosecution-generated information 
                        necessary for law enforcement and 
                        prosecution purposes.
                  (E) Oversight.--Nothing in this paragraph 
                shall prevent the Secretary from disclosing 
                grant activities authorized in this title to 
                the Committee on Education and Labor of the 
                House of Representatives and the Committee on 
                Health, Education, Labor, and Pensions of the 
                Senate and exercising congressional oversight 
                authority. In making all such disclosures, the 
                Secretary shall protect the confidentiality of 
                individuals and omit personally identifying 
                information, including location information 
                about individuals and shelters.
                  (F) Statutorily permitted reports of abuse or 
                neglect.--Nothing in this paragraph shall 
                prohibit a grantee or subgrantee from reporting 
                abuse and neglect, as those terms are defined 
                by law, where mandated or expressly permitted 
                by the State or Indian tribe involved.
                  (G) Preemption.--Nothing in this paragraph 
                shall be construed to supersede any provision 
                of any Federal, State, tribal, or local law 
                that provides greater protection than this 
                paragraph for victims of family violence, 
                domestic violence, or dating violence.
                  (H) Confidentiality of location.--The address 
                or location of any shelter facility assisted 
                under this title that otherwise maintains a 
                confidential location shall, except with 
                written authorization of the person or persons 
                responsible for the operation of such shelter, 
                not be made public.
          (6) Supplement not supplant.--Federal funds made 
        available to a State or Indian tribe under this title 
        shall be used to supplement and not supplant other 
        Federal, State, tribal, and local public funds expended 
        to provide services and activities that promote the 
        objectives of this title.
    (d) Reports and Evaluation.--Each grantee shall submit an 
annual performance report to the Secretary at such time as 
shall be reasonably required by the Secretary. Such performance 
report shall describe the grantee and subgrantee activities 
that have been carried out with grant funds made available 
under subsection (a) or section 309, contain an evaluation of 
the effectiveness of such activities, and provide such 
additional information as the Secretary may reasonably require.

SEC. 307. STATE APPLICATION.

    (a) Application.--
          (1) In general.--The chief executive officer of a 
        State seeking funds under section 306(a) or a tribally 
        designated official seeking funds under section 309(a) 
        shall submit an application to the Secretary at such 
        time and in such manner as the Secretary may reasonably 
        require.
          (2) Contents.--Each such application shall--
                  (A) provide a description of the procedures 
                that have been developed to ensure compliance 
                with the provisions of sections 306(c) and 
                308(d);
                  (B) provide, with respect to funds described 
                in paragraph (1), assurances that--
                          (i) not more than 5 percent of such 
                        funds will be used for administrative 
                        costs;
                          (ii) the remaining funds will be 
                        distributed to eligible entities as 
                        described in section 308(a) for 
                        approved activities as described in 
                        section 308(b); and
                          (iii) in the distribution of funds by 
                        a State under section 308(a), the State 
                        will give special emphasis to the 
                        support of community-based projects of 
                        demonstrated effectiveness, that are 
                        carried out by nonprofit private 
                        organizations and that--
                                  (I) have as their primary 
                                purpose the operation of 
                                shelters for victims of family 
                                violence, domestic violence and 
                                dating violence, and their 
                                dependents; or
                                  (II) provide counseling, 
                                advocacy, and self-help 
                                services to victims of family 
                                violence, domestic violence, 
                                and dating violence, and their 
                                dependents;
                  (C) in the case of an application submitted 
                by a State, provide an assurance that there 
                will be an equitable distribution of grants and 
                grant funds within the State and between urban 
                and rural areas within such State;
                  (D) in the case of an application submitted 
                by a State, provide an assurance that the State 
                will consult with and provide for the 
                participation of the State Domestic Violence 
                Coalition in the planning and monitoring of the 
                distribution of grants to eligible entities as 
                described in section 308(a) and the 
                administration of the grant programs and 
                projects;
                  (E) describe how the State or Indian tribe 
                will involve community-based organizations, 
                whose primary purpose is to provide culturally 
                appropriate services to underserved 
                populations, including how such community-based 
                organizations can assist the State or Indian 
                tribe in addressing the unmet needs of such 
                populations;
                  (F) describe how activities and services 
                provided by the State or Indian tribe are 
                designed to reduce family violence, domestic 
                violence, and dating violence, including how 
                funds will be used to provide shelter, 
                supportive services, and prevention services in 
                accordance with section 308(b);
                  (G) specify the State agency or tribally 
                designated official to be designated as 
                responsible for the administration of programs 
                and activities relating to family violence, 
                domestic violence, and dating violence, that 
                are carried out by the State or Indian tribe 
                under this title, and for coordination of 
                related programs within the jurisdiction of the 
                State or Indian tribe;
                  (H) provide an assurance that the State or 
                Indian tribe has a law or procedure that has 
                been implemented for the eviction of an abusing 
                spouse from a shared household; and
                  (I) meet such requirements as the Secretary 
                reasonably determines are necessary to carry 
                out the objectives and provisions of this 
                title.
    (b) Approval of Application.--
          (1) In general.--The Secretary shall approve any 
        application that meets the requirements of subsection 
        (a) and section 306. The Secretary shall not disapprove 
        any application under this subsection unless the 
        Secretary gives the applicant reasonable notice of the 
        Secretary's intention to disapprove and a 6-month 
        period providing an opportunity for correction of any 
        deficiencies.
          (2) Correction of deficiencies.--The Secretary shall 
        give such notice, within 45 days after the date of 
        submission of the application, if any of the provisions 
        of subsection (a) or section 306 have not been 
        satisfied in such application. If the State or Indian 
        tribe does not correct the deficiencies in such 
        application within the 6-month period following the 
        receipt of the Secretary's notice, the Secretary shall 
        withhold payment of any grant funds under section 306 
        to such State or under section 309 to such Indian tribe 
        until such date as the State or Indian tribe provides 
        documentation that the deficiencies have been 
        corrected.
          (3) State or tribal domestic violence coalition 
        participation in determinations of compliance.--State 
        Domestic Violence Coalitions, or comparable coalitions 
        for Indian tribes, shall be permitted to participate in 
        determining whether grantees for corresponding States 
        or Indian tribes are in compliance with subsection (a) 
        and section 306(c), except that no funds made available 
        under section 311 shall be used to challenge a 
        determination about whether a grantee is in compliance 
        with, or to seek the enforcement of, the requirements 
        of this title.
          (4) Failure to report; nonconforming expenditures.--
        The Secretary shall suspend funding for an approved 
        application if the applicant fails to submit an annual 
        performance report under section 306(d), or if funds 
        are expended for purposes other than those set forth in 
        section 306(b), after following the procedures set 
        forth in paragraphs (1), (2), and (3).

SEC. 308. SUBGRANTS AND USES OF FUNDS.

     (a) Subgrants.--A State that receives a grant under 
section 306(a) shall use grant funds described in section 
306(b)(2) to provide subgrants to eligible entities for 
programs and projects within such State, that is designed to 
prevent incidents of family violence, domestic violence, and 
dating violence by providing immediate shelter and supportive 
services for adult and youth victims of family violence, 
domestic violence, or dating violence (and their dependents), 
and that may provide prevention services to prevent future 
incidents of family violence, domestic violence, and dating 
violence.
    (b) Use of Funds.--
          (1) In general.--Funds awarded to eligible entities 
        under subsection (a) shall be used to provide shelter, 
        supportive services, or prevention services to adult 
        and youth victims of family violence, domestic 
        violence, or dating violence, and their dependents, 
        which may include--
                  (A) provision, on a regular basis, of 
                immediate shelter and related supportive 
                services to adult and youth victims of family 
                violence, domestic violence, or dating 
                violence, and their dependents, including 
                paying for the operating and administrative 
                expenses of the facilities for such shelter;
                  (B) assistance in developing safety plans, 
                and supporting efforts of victims of family 
                violence, domestic violence, or dating violence 
                to make decisions related to their ongoing 
                safety and well-being;
                  (C) provision of individual and group 
                counseling, peer support groups, and referral 
                to community-based services to assist family 
                violence, domestic violence, and dating 
                violence victims, and their dependents, in 
                recovering from the effects of the violence;
                  (D) provision of services, training, 
                technical assistance, and outreach to increase 
                awareness of family violence, domestic 
                violence, and dating violence and increase the 
                accessibility of family violence, domestic 
                violence, and dating violence services;
                  (E) provision of culturally and 
                linguistically appropriate services;
                  (F) provision of services for children 
                exposed to family violence, domestic violence, 
                or dating violence, including age-appropriate 
                counseling, supportive services, and services 
                for the nonabusing parent that support that 
                parent's role as a caregiver, which may, as 
                appropriate, include services that work with 
                the nonabusing parent and child together;
                  (G) provision of advocacy, case management 
                services, and information and referral 
                services, concerning issues related to family 
                violence, domestic violence, or dating violence 
                intervention and prevention, including--
                          (i) assistance in accessing related 
                        Federal and State financial assistance 
                        programs;
                          (ii) legal advocacy to assist victims 
                        and their dependents;
                          (iii) medical advocacy, including 
                        provision of referrals for appropriate 
                        health care services (including mental 
                        health, alcohol, and drug abuse 
                        treatment), but which shall not include 
                        reimbursement for any health care 
                        services;
                          (iv) assistance locating and securing 
                        safe and affordable permanent housing 
                        and homelessness prevention services;
                          (v) provision of transportation, 
                        child care, respite care, job training 
                        and employment services, financial 
                        literacy services and education, 
                        financial planning, and related 
                        economic empowerment services; and
                          (vi) parenting and other educational 
                        services for victims and their 
                        dependents; and
                  (H) prevention services, including outreach 
                to underserved populations.
          (2) Shelter and supportive services.--Not less than 
        70 percent of the funds distributed by a State under 
        subsection (a) shall be distributed to entities for the 
        primary purpose of providing immediate shelter and 
        supportive services to adult and youth victims of 
        family violence, domestic violence, or dating violence, 
        and their dependents, as described in paragraph (1)(A). 
        Not less than 25 percent of the funds distributed by a 
        State under subsection (a) shall be distributed to 
        entities for the purpose of providing supportive 
        services and prevention services as described in 
        subparagraphs (B) through (H) of paragraph (1).
    (c) Eligible Entities.--To be eligible to receive a 
subgrant from a State under this section, an entity shall be--
          (1) a local public agency, or a nonprofit private 
        organization (including faith-based and charitable 
        organizations, community-based organizations, tribal 
        organizations, and voluntary associations), that 
        assists victims of family violence, domestic violence, 
        or dating violence, and their dependents, and has a 
        documented history of effective work concerning family 
        violence, domestic violence, or dating violence; or
          (2) a partnership of 2 or more agencies or 
        organizations that includes--
                  (A) an agency or organization described in 
                paragraph (1); and
                  (B) an agency or organization that has a 
                demonstrated history of serving populations in 
                their communities, including providing 
                culturally appropriate services.
    (d) Conditions.--
          (1) Direct payments to victims or dependants.--No 
        funds provided under this title may be used as direct 
        payment to any victim of family violence, domestic 
        violence, or dating violence, or to any dependent of 
        such victim.
          (2) Voluntarily accepted services.--Receipt of 
        supportive services under this title shall be 
        voluntary. No condition may be applied for the receipt 
        of emergency shelter as described in subsection 
        (b)(1)(A).

SEC. 309. GRANTS FOR INDIAN TRIBES.

    (a) Grants Authorized.--The Secretary, in consultation with 
tribal governments pursuant to Executive Order 13175 (25 U.S.C. 
450 note) and in accordance with section 903 of the Violence 
Against Women and Department of Justice Reauthorization Act of 
2005 (42 U.S.C. 14045d), shall continue to award grants for 
Indian tribes from amounts appropriated under section 
303(a)(2)(B) to carry out this section.
    (b) Eligible Entities.--To be eligible to receive a grant 
under this section, an entity shall be an Indian tribe, or a 
tribal organization or nonprofit private organization 
authorized by an Indian tribe. An Indian tribe shall have the 
option to authorize a tribal organization or a nonprofit 
private organization to submit an application and administer 
the grant funds awarded under this section.
    (c) Conditions.--Each recipient of such a grant shall 
comply with requirements that are consistent with the 
requirements applicable to grantees under section 306.
    (d) Grantee Application.--To be eligible to receive a grant 
under this section, an entity shall submit an application to 
the Secretary under section 307 at such time, in such manner, 
and containing such information as the Secretary determines to 
be essential to carry out the objectives and provisions of this 
title. The Secretary shall approve any application that meets 
requirements consistent with the requirements of section 306(c) 
and section 307(a).
    (e) Use of Funds.--An amount provided under a grant to an 
eligible entity shall be used for the services described in 
section 308(b).

SEC. 310. NATIONAL RESOURCE CENTERS AND TRAINING AND TECHNICAL 
                    ASSISTANCE CENTERS.

    (a) Purpose and Grants Authorized.--
          (1) Purpose.--The purpose of this section is to 
        provide resource information, training, and technical 
        assistance relating to the objectives of this title to 
        improve the capacity of individuals, organizations, 
        governmental entities, and communities to prevent 
        family violence, domestic violence, and dating violence 
        and to provide effective intervention services.
          (2) Grants authorized.--From the amounts appropriated 
        under this title and reserved under section 
        303(a)(2)(C), the Secretary--
                  (A) shall award grants to eligible entities 
                for the establishment and maintenance of--
                          (i) 2 national resource centers (as 
                        provided for in subsection (b)(1)); and
                          (ii) at least 7 special issue 
                        resource centers addressing key areas 
                        of domestic violence, and intervention 
                        and prevention (as provided for in 
                        subsection (b)(2)); and
                  (B) may award grants, to--
                          (i) State resource centers to reduce 
                        disparities in domestic violence in 
                        States with high proportions of Indian 
                        (including Alaska Native) or Native 
                        Hawaiian populations (as provided for 
                        in subsection (b)(3)); and
                          (ii) support training and technical 
                        assistance that address emerging issues 
                        related to family violence, domestic 
                        violence, or dating violence, to 
                        entities demonstrating related 
                        expertise.
    (b) Domestic Violence Resource Centers.--
          (1) National resource centers.--In accordance with 
        subsection (a)(2), the Secretary shall award grants to 
        eligible entities for--
                  (A) a National Resource Center on Domestic 
                Violence, which shall--
                          (i) offer a comprehensive array of 
                        technical assistance and training 
                        resources to Federal, State, and local 
                        governmental agencies, domestic 
                        violence service providers, community-
                        based organizations, and other 
                        professionals and interested parties, 
                        related to domestic violence service 
                        programs and research, including 
                        programs and research related to 
                        victims and their children who are 
                        exposed to domestic violence; and
                          (ii) maintain a central resource 
                        library in order to collect, prepare, 
                        analyze, and disseminate information 
                        and statistics related to--
                                  (I) the incidence and 
                                prevention of family violence 
                                and domestic violence; and
                                  (II) the provision of 
                                shelter, supportive services, 
                                and prevention services to 
                                adult and youth victims of 
                                domestic violence (including 
                                services to prevent repeated 
                                incidents of violence); and
                  (B) a National Indian Resource Center 
                Addressing Domestic Violence and Safety for 
                Indian Women, which shall--
                          (i) offer a comprehensive array of 
                        technical assistance and training 
                        resources to Indian tribes and tribal 
                        organizations, specifically designed to 
                        enhance the capacity of the tribes and 
                        organizations to respond to domestic 
                        violence and the findings of section 
                        901 of the Violence Against Women and 
                        Department of Justice Reauthorization 
                        Act of 2005 (42 U.S.C. 3796gg-10 note);
                          (ii) enhance the intervention and 
                        prevention efforts of Indian tribes and 
                        tribal organizations to respond to 
                        domestic violence and increase the 
                        safety of Indian women in support of 
                        the purposes of section 902 of the 
                        Violence Against Women and Department 
                        of Justice Reauthorization Act of 2005 
                        (42. U.S.C. 3796gg-10 note); and
                          (iii) coordinate activities with 
                        other Federal agencies, offices, and 
                        grantees that address the needs of 
                        Indians (including Alaska Natives), and 
                        Native Hawaiians that experience 
                        domestic violence, including the Office 
                        of Justice Services at the Bureau of 
                        Indian Affairs, the Indian Health 
                        Service of the Department of Health and 
                        Human Services, and the Office on 
                        Violence Against Women of the 
                        Department of Justice.
          (2) Special issue resource centers.--In accordance 
        with subsection (a)(2)(A)(ii), the Secretary shall 
        award grants to eligible entities for special issue 
        resource centers, which shall be national in scope and 
        shall provide information, training, and technical 
        assistance to State and local domestic violence service 
        providers. Each special issue resource center shall 
        focus on enhancing domestic violence intervention and 
        prevention efforts in at least one of the following 
        areas:
                  (A) The response of the criminal and civil 
                justice systems to domestic violence victims, 
                which may include the response to the use of 
                the self-defense plea by domestic violence 
                victims and the issuance and use of protective 
                orders.
                  (B) The response of child protective service 
                agencies to victims of domestic violence and 
                their dependents and child custody issues in 
                domestic violence cases.
                  (C) The response of the interdisciplinary 
                health care system to victims of domestic 
                violence and access to health care resources 
                for victims of domestic violence.
                  (D) The response of mental health systems, 
                domestic violence service programs, and other 
                related systems and programs to victims of 
                domestic violence and to their children who are 
                exposed to domestic violence.
                  (E) In the case of 3 specific resource 
                centers, enhancing domestic violence 
                intervention and prevention efforts for victims 
                of domestic violence who are members of racial 
                and ethnic minority groups, to enhance the 
                cultural and linguistic relevancy of service 
                delivery, resource utilization, policy, 
                research, technical assistance, community 
                education, and prevention initiatives.
          (3) State resource centers to reduce tribal 
        disparities.--
                  (A) In general.--In accordance with 
                subsection (a)(2), the Secretary may award 
                grants to eligible entities for State resource 
                centers, which shall provide statewide 
                information, training, and technical assistance 
                to Indian tribes, tribal organizations, and 
                local domestic violence service organizations 
                serving Indians (including Alaska Natives) or 
                Native Hawaiians, in a culturally sensitive and 
                relevant manner.
                  (B) Requirements.--An eligible entity shall 
                use a grant provided under this paragraph--
                          (i) to offer a comprehensive array of 
                        technical assistance and training 
                        resources to Indian tribes, tribal 
                        organizations, and providers of 
                        services to Indians (including Alaska 
                        Natives) or Native Hawaiians, 
                        specifically designed to enhance the 
                        capacity of the tribes, organizations, 
                        and providers to respond to domestic 
                        violence, including offering the 
                        resources in States in which the 
                        population of Indians (including Alaska 
                        Natives) or Native Hawaiians exceeds 
                        2.5 percent of the total population of 
                        the State;
                          (ii) to coordinate all projects and 
                        activities with the national resource 
                        center described in paragraph (1)(B), 
                        including projects and activities that 
                        involve working with nontribal State 
                        and local governments to enhance their 
                        capacity to understand the unique needs 
                        of Indians (including Alaska Natives) 
                        and Native Hawaiians; and
                          (iii) to provide comprehensive 
                        community education and domestic 
                        violence prevention initiatives in a 
                        culturally sensitive and relevant 
                        manner.
    (c) Eligibility.--
          (1) In general.--To be eligible to receive a grant 
        under subsection (b)(1)(A) or subparagraph (A), (B), 
        (C), or (D) of subsection (b)(2), an entity shall be a 
        nonprofit private organization that focuses primarily 
        on domestic violence and that--
                  (A) provides documentation to the Secretary 
                demonstrating experience working directly on 
                issues of domestic violence, and (in the case 
                of an entity seeking a grant under subsection 
                (b)(2)) demonstrating experience working 
                directly in the corresponding specific special 
                issue area described in subsection (b)(2);
                  (B) includes on the entity''s advisory board 
                representatives who are from domestic violence 
                service programs and who are geographically and 
                culturally diverse; and
                  (C) demonstrates the strong support of 
                domestic violence service programs from across 
                the Nation for the entity's designation as a 
                national resource center or a special issue 
                resource center, as appropriate.
          (2) National indian resource center.--To be eligible 
        to receive a grant under subsection (b)(1)(B), an 
        entity shall be a tribal organization or a nonprofit 
        private organization that focuses primarily on issues 
        of domestic violence within Indian tribes and that 
        submits documentation to the Secretary demonstrating--
                  (A) experience working with Indian tribes and 
                tribal organizations to respond to domestic 
                violence and the findings of section 901 of the 
                Violence Against Women and Department of 
                Justice Reauthorization Act of 2005 (42 U.S.C. 
                3796gg-10 note);
                  (B) experience providing Indian tribes and 
                tribal organizations with assistance in 
                developing tribally-based prevention and 
                intervention services addressing domestic 
                violence and safety for Indian women consistent 
                with the purposes of section 902 of the 
                Violence Against Women and Department of 
                Justice Reauthorization Act of 2005 (42 U.S.C. 
                3796gg-10 note);
                  (C) strong support for the entity's 
                designation as the National Indian Resource 
                Center Addressing Domestic Violence and Safety 
                for Indian Women from advocates working within 
                Indian tribes to address domestic violence and 
                the safety of Indian women;
                  (D) a record of demonstrated effectiveness in 
                assisting Indian tribes and tribal 
                organizations with prevention and intervention 
                services addressing domestic violence; and
                  (E) the capacity to serve Indian tribes 
                (including Alaska Native villages and regional 
                and village corporations) across the United 
                States.
          (3) Special issue resource centers concerned with 
        racial and ethnic minority groups.--To be eligible to 
        receive a grant under subsection (b)(2)(E), an entity 
        shall be an entity that--
                  (A) is a nonprofit private organization that 
                focuses primarily on issues of domestic 
                violence in a racial or ethnic community, or is 
                a public or private nonprofit educational 
                institution that has a domestic violence 
                institute, center, or program related to 
                culturally specific issues in domestic 
                violence; and
                  (B)(i) has documented experience in the areas 
                of domestic violence prevention and services, 
                and experience relevant to the specific racial 
                or ethnic population to which information, 
                training, technical assistance, and outreach 
                would be provided under the grant;
                  (ii) demonstrates the strong support, of 
                advocates from across the Nation who are 
                working to address domestic violence; and
                  (iii) has a record of demonstrated 
                effectiveness in enhancing the cultural and 
                linguistic relevancy of service delivery.
          (4) State resource centers to reduce tribal 
        disparities.--To be eligible to receive a grant under 
        subsection (b)(3), an entity shall--
                  (A)(i) be located in a State in which the 
                population of Indians (including Alaska 
                Natives) or Native Hawaiians exceeds 10 percent 
                of the total population of the State; or
                  (ii) be an Indian tribe, tribal organization, 
                or Native Hawaiian organization that focuses 
                primarily on issues of domestic violence among 
                Indians or Native Hawaiians, or an institution 
                of higher education; and
                  (B) demonstrate the ability to serve all 
                regions of the State, including underdeveloped 
                areas and areas that are geographically distant 
                from population centers.
    (d) Reports and Evaluation.--Each entity receiving a grant 
under this section shall submit a performance report to the 
Secretary annually and in such manner as shall be reasonably 
required by the Secretary. Such performance report shall 
describe the activities that have been carried out with such 
grant funds, contain an evaluation of the effectiveness of the 
activities, and provide such additional information as the 
Secretary may reasonably require.

SEC. 311. GRANTS TO STATE DOMESTIC VIOLENCE COALITIONS.

    (a) Grants.--The Secretary shall award grants for the 
funding of State Domestic Violence Coalitions.
    (b) Allotment of Funds.--
          (1) In general.--From the amount appropriated under 
        section 303(a)(2)(D) for each fiscal year, the 
        Secretary shall allot to each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        and each of the covered territories an amount equal to 
        \1/56\ of the amount so appropriated for such fiscal 
        year.
          (2) Definition.--For purposes of this subsection, the 
        term ``covered territories'' means Guam, American 
        Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.
    (c) Application.--Each State Domestic Violence Coalition 
desiring a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and containing 
such information as the Secretary determines to be essential to 
carry out the objectives of this section. The application 
submitted by the coalition for the grant shall provide 
documentation of the coalition's work, satisfactory to the 
Secretary, demonstrating that the coalition--
          (1) meets all of the applicable requirements set 
        forth in this title; and
          (2) demonstrates the ability to conduct appropriately 
        all activities described in this section, as indicated 
        by--
                  (A) documented experience in administering 
                Federal grants to conduct the activities 
                described in subsection (d); or
                  (B) a documented history of active 
                participation in the activities described in 
                paragraphs (1), (3), (4), and (5) of subsection 
                (d) and a demonstrated capacity to conduct the 
                activities described in subsection (d)(2).
    (d) Use of Funds.--A coalition that receives a grant under 
this section shall use the grant funds for administration and 
operations to further the purposes of family violence, domestic 
violence, and dating violence intervention and prevention, 
through activities that shall include--
          (1) working with local family violence, domestic 
        violence, and dating violence service programs and 
        providers of direct services to encourage appropriate 
        and comprehensive responses to family violence, 
        domestic violence, and dating violence against adults 
        or youth within the State involved, including providing 
        training and technical assistance and conducting State 
        needs assessments;
          (2) participating in planning and monitoring the 
        distribution of subgrants and subgrant funds within the 
        State under section 308(a);
          (3) working in collaboration with service providers 
        and community-based organizations to address the needs 
        of family violence, domestic violence, and dating 
        violence victims, and their dependents, who are members 
        of racial and ethnic minority populations and 
        underserved populations;
          (4) collaborating with and providing information to 
        entities in such fields as housing, health care, mental 
        health, social welfare, or business to support the 
        development and implementation of effective policies, 
        protocols, and programs that address the safety and 
        support needs of adult and youth victims of family 
        violence, domestic violence, or dating violence;
          (5) encouraging appropriate responses to cases of 
        family violence, domestic violence, or dating violence 
        against adults or youth, including by working with 
        judicial and law enforcement agencies;
          (6) working with family law judges, criminal court 
        judges, child protective service agencies, and 
        children''s advocates to develop appropriate responses 
        to child custody and visitation issues in cases of 
        child exposure to family violence, domestic violence, 
        or dating violence and in cases in which--
                  (A) family violence, domestic violence, or 
                dating violence is present; and
                  (B) child abuse is present;
          (7) providing information to the public about 
        prevention of family violence, domestic violence, and 
        dating violence, including information targeted to 
        underserved populations; and
          (8) collaborating with Indian tribes and tribal 
        organizations (and corresponding Native Hawaiian groups 
        or communities) to address the needs of Indian 
        (including Alaska Native) and Native Hawaiian victims 
        of family violence, domestic violence, or dating 
        violence, as applicable in the State.
    (e) Limitation on Use of Funds.--A coalition that receives 
a grant under this section shall not be required to use funds 
received under this title for the purposes described in 
paragraph (5) or (6) of subsection (d) if the coalition 
provides an annual assurance to the Secretary that the 
coalition is--
          (1) using funds received under section 2001(c)(1) of 
        the Omnibus Crime Control and Safe Streets Act of 1968 
        (42 U.S.C. 3796gg(c)(1)) for such purposes; and
          (2) coordinating the activities carried out by the 
        coalition under subsection (d) with the State''s 
        activities under part T of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg 
        et seq.) that address those purposes.
    (f) Prohibition on Lobbying.--No funds made available to 
entities under this section shall be used, directly or 
indirectly, to influence the issuance, amendment, or revocation 
of any executive order or similar promulgation by any Federal, 
State, or local agency, or to undertake to influence the 
passage or defeat of any legislation by Congress, or by any 
State or local legislative body, or State proposals by 
initiative petition, except that the representatives of the 
entity may testify or make other appropriate communication--
          (1) when formally requested to do so by a legislative 
        body, a committee, or a member of the body or 
        committee; or
          (2) in connection with legislation or appropriations 
        directly affecting the activities of the entity.
    (g) Reports and Evaluation.--Each entity receiving a grant 
under this section shall submit a performance report to the 
Secretary at such time as shall be reasonably required by the 
Secretary. Such performance report shall describe the 
activities that have been carried out with such grant funds, 
contain an evaluation of the effectiveness of such activities, 
and provide such additional information as the Secretary may 
reasonably require.
    (h) Indian Representatives.--For purposes of this section, 
a State Domestic Violence Coalition may include representatives 
of Indian tribes and tribal organizations.

SEC. 312. SPECIALIZED SERVICES FOR ABUSED PARENTS AND THEIR CHILDREN.

    (a) In General.--
          (1) Program.--The Secretary shall establish a grant 
        program to expand the capacity of family violence, 
        domestic violence, and dating violence service programs 
        and community-based programs to prevent future domestic 
        violence by addressing, in an appropriate manner, the 
        needs of children exposed to family violence, domestic 
        violence, or dating violence.
          (2) Grants.--The Secretary may make grants to 
        eligible entities through the program established under 
        paragraph (1) for periods of not more than 2 years. If 
        the Secretary determines that an entity has received 
        such a grant and been successful in meeting the 
        objectives of the grant application submitted under 
        subsection (c), the Secretary may renew the grant for 1 
        additional period of not more than 2 years.
    (b) Eligible Entities.--To be eligible to receive a grant 
under this section, an entity shall be a local agency, a 
nonprofit private organization (including faith-based and 
charitable organizations, community-based organizations, and 
voluntary associations), or a tribal organization, with a 
demonstrated record of serving victims of family violence, 
domestic violence, or dating violence and their children.
    (c) Application.--An entity seeking a grant under this 
section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require, including--
          (1) a description of how the entity will prioritize 
        the safety of, and confidentiality of information 
        about--
                  (A) victims of family violence, victims of 
                domestic violence, and victims of dating 
                violence; and
                  (B) children of victims described in 
                subparagraph (A);
          (2) a description of how the entity will provide 
        developmentally appropriate and age-appropriate 
        services, and culturally and linguistically appropriate 
        services, to the victims and children; and
          (3) a description of how the entity will ensure that 
        professionals working with the children receive the 
        training and technical assistance appropriate and 
        relevant to the unique needs of children exposed to 
        family violence, domestic violence, or dating violence.
    (d) Use of Funds.--An entity that receives a grant under 
this section for a family violence, domestic violence, and 
dating violence service or community-based program described in 
subsection (a)--
          (1) shall use the funds made available through the 
        grant--
                  (A) to provide direct counseling, appropriate 
                services consistent with subsection (c)(2), or 
                advocacy on behalf of victims of family 
                violence, domestic violence, or dating violence 
                and their children, including coordinating 
                services with services provided by the child 
                welfare system;
                  (B) to provide services for nonabusing 
                parents to support those parents' roles as 
                caregivers and their roles in responding to the 
                social, emotional, and developmental needs of 
                their children; and
                  (C) where appropriate, to provide the 
                services described in this subsection while 
                working with such a nonabusing parent and child 
                together; and
          (2) may use the funds made available through the 
        grant--
                  (A) to provide early childhood development 
                and mental health services;
                  (B) to coordinate activities with and provide 
                technical assistance to community-based 
                organizations serving victims of family 
                violence, domestic violence, or dating violence 
                or children exposed to family violence, 
                domestic violence, or dating violence; and
                  (C) to provide additional services and 
                referrals to services for children, including 
                child care, transportation, educational 
                support, respite care, supervised visitation, 
                or other necessary services.
    (e) Reports and Evaluation.--Each entity receiving a grant 
under this section shall submit a performance report to the 
Secretary at such time as shall be reasonably required by the 
Secretary. Such performance report shall describe the 
activities that have been carried out with such grant funds, 
contain an evaluation of the effectiveness of such activities, 
and provide such additional information as the Secretary may 
reasonably require.

SEC. 313. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a) In General.--The Secretary shall award a grant to a 
nonprofit private entity to provide for the ongoing operation 
of a 24-hour, national, toll-free telephone hotline to provide 
information and assistance to adult and youth victims of family 
violence, domestic violence, or dating violence, family and 
household members of such victims, and persons affected by the 
victimization. The Secretary shall give priority to applicants 
with experience in operating a hotline that provides assistance 
to adult and youth victims of family violence, domestic 
violence, or dating violence.
    (b) Term.--The Secretary shall award a grant under this 
section for a period of not more than 5 years.
    (c) Conditions on Payment.--The provision of payments under 
a grant awarded under this section shall be subject to annual 
approval by the Secretary and subject to the availability of 
appropriations for each fiscal year to make the payments.
    (d) Application.--To be eligible to receive a grant under 
this section, an entity shall submit an application to the 
Secretary that shall--
          (1) contain such agreements, assurances, and 
        information, be in such form, and be submitted in such 
        manner, as the Secretary shall prescribe;
          (2) include a complete description of the applicant's 
        plan for the operation of a national domestic violence 
        hotline, including descriptions of--
                  (A) the training program for hotline 
                personnel, including technology training to 
                ensure that all persons affiliated with the 
                hotline are able to effectively operate any 
                technological systems used by the hotline;
                  (B) the hiring criteria and qualifications 
                for hotline personnel;
                  (C) the methods for the creation, 
                maintenance, and updating of a resource 
                database;
                  (D) a plan for publicizing the availability 
                of the hotline;
                  (E) a plan for providing service to non-
                English speaking callers, including service 
                through hotline personnel who have non-English 
                language capability; and
                  (F) a plan for facilitating access to the 
                hotline by persons with hearing impairments; 
                and
                  (G) a plan for providing assistance and 
                referrals to youth victims of domestic violence 
                and for victims of dating violence who are 
                minors, which may be carried out through a 
                national teen dating violence hotline;
          (3) demonstrate that the applicant has recognized 
        expertise in the area of family violence, domestic 
        violence, or dating violence and a record of high 
        quality service to victims of family violence, domestic 
        violence, or dating violence, including a demonstration 
        of support from advocacy groups and State Domestic 
        Violence Coalitions;
          (4) demonstrate that the applicant has the capacity 
        and the expertise to maintain a domestic violence 
        hotline and a comprehensive database of service 
        providers;
          (5) demonstrate the ability to provide information 
        and referrals for callers, directly connect callers to 
        service providers, and employ crisis interventions 
        meeting the standards of family violence, domestic 
        violence, and dating violence providers;
          (6) demonstrate that the applicant has a commitment 
        to diversity and to the provision of services to 
        underserved populations, including to ethnic, racial, 
        and non-English speaking minorities, in addition to 
        older individuals and individuals with disabilities;
          (7) demonstrate that the applicant complies with 
        nondisclosure requirements as described in section 
        306(c)(5) and follows comprehensive quality assurance 
        practices; and
          (8) contain such other information as the Secretary 
        may require.
    (e) Hotline Activities.--
          (1) In general.--An entity that receives a grant 
        under this section for activities described, in whole 
        or in part, in subsection (a) shall use funds made 
        available through the grant to establish and operate a 
        24-hour, national, toll-free telephone hotline to 
        provide information and assistance to adult and youth 
        victims of family violence, domestic violence, or 
        dating violence, and other individuals described in 
        subsection (a).
          (2) Activities.--In establishing and operating the 
        hotline, the entity--
                   (A) shall contract with a carrier for the 
                use of a toll-free telephone line;
                  (B) shall employ, train (including providing 
                technology training), and supervise personnel 
                to answer incoming calls, provide counseling 
                and referral services for callers on a 24-hour-
                a-day basis, and directly connect callers to 
                service providers;
                  (C) shall assemble and maintain a database of 
                information relating to services for adult and 
                youth victims of family violence, domestic 
                violence, or dating violence to which callers 
                may be referred throughout the United States, 
                including information on the availability of 
                shelters and supportive services for victims of 
                family violence, domestic violence, or dating 
                violence;
                  (D) shall widely publicize the hotline 
                throughout the United States, including to 
                potential users;
                   (E) shall provide assistance and referrals 
                to meet the needs of underserved populations 
                and individuals with disabilities;
                   (F) shall provide assistance and referrals 
                for youth victims of domestic violence and for 
                victims of dating violence who are minors, 
                which may be carried out through a national 
                teen dating violence hotline;
                   (G) may provide appropriate assistance and 
                referrals for family and household members of 
                victims of family violence, domestic violence, 
                or dating violence, and persons affected by the 
                victimization described in subsection (a); and
                   (H) at the discretion of the hotline 
                operator, may provide assistance, or referrals 
                for counseling or intervention, for identified 
                adult and youth perpetrators, including self-
                identified perpetrators, of family violence, 
                domestic violence, or dating violence, but 
                shall not be required to provide such 
                assistance or referrals in any circumstance in 
                which the hotline operator fears the safety of 
                a victim may be impacted by an accused abuser 
                or suspected abuser.
     (f) Reports and Evaluation.--The entity receiving a grant 
under this section shall submit a performance report to the 
Secretary at such time as shall be reasonably required by the 
Secretary. Such performance report shall describe the 
activities that have been carried out with such grant funds, 
contain an evaluation of the effectiveness of such activities, 
and provide such additional information as the Secretary may 
reasonably require.

 SEC. 314. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND LEADERSHIP 
                    THROUGH ALLIANCES (DELTA).

     (a) In General.--The Secretary shall enter into 
cooperative agreements with State Domestic Violence Coalitions 
for the purposes of establishing, operating, and maintaining 
local community projects to prevent family violence, domestic 
violence, and dating violence, including violence committed by 
and against youth, using a coordinated community response model 
and through prevention and education programs.
     (b) Term.--The Secretary shall enter into a cooperative 
agreement under this section for a period of not more than 5 
fiscal years.
     (c) Conditions on Payment.--The provision of payments 
under a cooperative agreement under this section shall be 
subject to--
           (1) annual approval by the Secretary; and
           (2) the availability of appropriations for each 
        fiscal year to make the payments.
     (d) Eligibility.--To be eligible to enter into a 
cooperative agreement under this section, an organization 
shall--
           (1) be a State Domestic Violence Coalition; and
           (2) include representatives of pertinent sectors of 
        the local community, which may include--
                   (A) health care providers and State or local 
                health departments;
                   (B) the education community;
                   (C) the faith-based community;
                   (D) the criminal justice system;
                   (E) family violence, domestic violence, and 
                dating violence service program advocates;
                   (F) human service entities such as State 
                child services divisions;
                   (G) business and civic leaders; and
                   (H) other pertinent sectors.
     (e) Applications.--An organization that desires to enter 
into a cooperative agreement under this section shall submit to 
the Secretary an application, in such form and in such manner 
as the Secretary shall require, that--
           (1) demonstrates the capacity of the applicant, who 
        may enter into a partnership with a local family 
        violence, domestic violence, or dating violence service 
        provider or community-based organization, to undertake 
        the project involved;
           (2) demonstrates that the project will include a 
        coordinated community response to improve and expand 
        prevention strategies through increased communication 
        and coordination among all affected sectors of the 
        local community;
           (3) includes a complete description of the 
        applicant''s plan for the establishment and 
        implementation of the coordinated community response, 
        including a description of--
                   (A) the method to be used for identification 
                and selection of an administrative committee 
                made up of persons knowledgeable about 
                comprehensive family violence, domestic 
                violence, and dating violence prevention 
                planning to oversee the project, hire staff, 
                assure compliance with the project outline, and 
                secure annual evaluation of the project;
                   (B) the method to be used for identification 
                and selection of project staff and a project 
                evaluator;
                   (C) the method to be used for identification 
                and selection of a project council consisting 
                of representatives of the community sectors 
                listed in subsection (d)(2); and
                  (D) the method to be used for identification 
                and selection of a steering committee 
                consisting of representatives of the various 
                community sectors who will chair subcommittees 
                of the project council, each of which will 
                focus on 1 of the sectors;
          (4) demonstrates that the applicant has experience in 
        providing, or the capacity to provide, prevention-
        focused training and technical assistance;
          (5) demonstrates that the applicant has the capacity 
        to carry out collaborative community initiatives to 
        prevent family violence, domestic violence, and dating 
        violence; and
          (6) contains such other information, agreements, and 
        assurances as the Secretary may require.
    (f) Geographical Dispersion.--The Secretary shall enter 
into cooperative agreements under this section with 
organizations in States geographically dispersed throughout the 
Nation.
    (g) Use of Funds.--
          (1) In general.--An organization that enters into a 
        cooperative agreement under subsection (a) shall use 
        the funds made available through the agreement to 
        establish, operate, and maintain comprehensive family 
        violence, domestic violence, and dating violence 
        prevention programming.
          (2) Technical assistance, evaluation and 
        monitoring.--The Secretary may use a portion of the 
        funds provided under this section to--
                  (A) provide technical assistance;
                  (B) monitor the performance of organizations 
                carrying out activities under the cooperative 
                agreements; and
                  (C) conduct an independent evaluation of the 
                program carried out under this section.
          (3) Requirements.--In establishing and operating a 
        project under this section, an eligible organization 
        shall--
                  (A) establish protocols to improve and expand 
                family violence, domestic violence, and dating 
                violence prevention and intervention strategies 
                within affected community sectors described in 
                subsection (d)(2);
                  (B) develop comprehensive prevention plans to 
                coordinate prevention efforts with other 
                community sectors;
                  (C) provide for periodic evaluation of the 
                project, and analysis to assist in replication 
                of the prevention strategies used in the 
                project in other communities, and submit a 
                report under subsection (h) that contains the 
                evaluation and analysis;
                  (D) develop, replicate, or conduct 
                comprehensive, evidence-informed primary 
                prevention programs that reduce risk factors 
                and promote protective factors that reduce the 
                likelihood of family violence, domestic 
                violence, and dating violence, which may 
                include--
                          (i) educational workshops and 
                        seminars;
                          (ii) training programs for 
                        professionals;
                          (iii) the preparation of 
                        informational material;
                          (iv) developmentally appropriate 
                        education programs;
                          (v) other efforts to increase 
                        awareness of the facts about, or to 
                        help prevent, family violence, domestic 
                        violence, and dating violence; and
                          (vi) the dissemination of information 
                        about the results of programs conducted 
                        under this subparagraph;
                  (E) utilize evidence-informed prevention 
                program planning; and
                  (F) recognize, in applicable cases, the needs 
                of underserved populations, racial and 
                linguistic populations, and individuals with 
                disabilities.
    (h) Reports and Evaluation.--Each organization entering 
into a cooperative agreement under this section shall submit a 
performance report to the Secretary at such time as shall be 
reasonably required by the Secretary. Such performance report 
shall describe activities that have been carried out with the 
funds made available through the agreement, contain an 
evaluation of the effectiveness of such activities, and provide 
such additional information as the Secretary may reasonably 
require. The Secretary shall make the evaluations received 
under this subsection publicly available on the Department of 
Health and Human Services website. The reports shall also be 
submitted to the Committee on Education and Labor of the House 
of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate.

           *       *       *       *       *       *       *


                      TITLE 11--UNITED STATES CODE

Sec. 707. Dismissal of a case or conversion to a case under chapter 11 
                    or 13

    (a) * * *
          (1) * * *

           *       *       *       *       *       *       *

    (b)(1) * * *
    (2)(A)(i) * * *

           *       *       *       *       *       *       *

    (ii)(I) The debtor's monthly expenses shall be the debtor's 
applicable monthly expense amounts specified under the National 
Standards and Local Standards, and the debtor's actual monthly 
expenses for the categories specified as Other Necessary 
Expenses issued by the Internal Revenue Service for the area in 
which the debtor resides, as in effect on the date of the order 
for relief, for the debtor, the dependents of the debtor, and 
the spouse of the debtor in a joint case, if the spouse is not 
otherwise a dependent. Such expenses shall include reasonably 
necessary health insurance, disability insurance, and health 
savings account expenses for the debtor, the spouse of the 
debtor, or the dependents of the debtor. Notwithstanding any 
other provision of this clause, the monthly expenses of the 
debtor shall not include any payments for debts. In addition, 
the debtor's monthly expenses shall include the debtor's 
reasonably necessary expenses incurred to maintain the safety 
of the debtor and the family of the debtor from family violence 
as identified under [section 309 of the Family Violence 
Prevention and Services Act] section 302 of the Family Violence 
Prevention and Services Act, or other applicable Federal law. 
The expenses included in the debtor's monthly expenses 
described in the preceding sentence shall be kept confidential 
by the court. In addition, if it is demonstrated that it is 
reasonable and necessary, the debtor's monthly expenses may 
also include an additional allowance for food and clothing of 
up to 5 percent of the food and clothing categories as 
specified by the National Standards issued by the Internal 
Revenue Service.

           *       *       *       *       *       *       *


              INDIVIDUALS WITH DISABILITIES EDUCATION ACT


635. REQUIREMENTS FOR STATEWIDE SYSTEM.

    (a) In General.-- * * *

           *       *       *       *       *       *       *

    (c) Flexibility To Serve Children 3 Years of Age Until 
Entrance Into Elementary School.--

           *       *       *       *       *       *       *

          (2) Requirements.-- * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) there will be a referral for evaluation 
                for early intervention services of a child who 
                experiences a substantiated case of trauma due 
                to exposure to family violence (as defined in 
                [section 320 of the Family Violence Prevention 
                and Services Act] section 302 of the Family 
                Violence Prevention and Services Act).

           *       *       *       *       *       *       *


                      TITLE 42--UNITED STATES CODE

Sec. 3796gg. Purpose of program and grants

    (a) * * *

           *       *       *       *       *       *       *

    (c) State coalition grants
          (1) * * *

           *       *       *       *       *       *       *

          (2) Grants to State coalitions
          The Attorney General shall award grants to--
                  (A) each State domestic violence coalition, 
                as determined by the Secretary of Health and 
                Human Services [through the Family Violence 
                Prevention and Services Act (42 U.S.C. 10410 et 
                seq.)] under section 311 of the Family Violence 
                Prevention and Services Act; and

           *       *       *       *       *       *       *


                      TITLE 42--UNITED STATES CODE

                 SUBCHAPTER III--VIOLENCE AGAINST WOMEN


Sec. 13925. Definitions and grant provisions

    (a) Definitions
          In this title:
          (1) Courts

           *       *       *       *       *       *       *

          (26) State domestic violence coalition
                        The term ``State domestic violence 
                        coalition'' means a program determined 
                        by the Administration for Children and 
                        Families [under the Family Violence 
                        Prevention and Services Act (42 U.S.C. 
                        10410(b))] under sections 302 and 311 
                        of the Family Violence Prevention and 
                        Services Act.

           *       *       *       *       *       *       *


                           PUBLIC LAW 103-322

SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.

    (a) Federal Law Enforcement.-- * * *

           *       *       *       *       *       *       *

    (d) Definitions.-- * * *
          (1) * * *

           *       *       *       *       *       *       *

    ``State and local law enforcement program'' means a program 
authorized in any of the following sections:
          (1) * * *

           *       *       *       *       *       *       *

    ``prevention program'' means a program authorized in any of 
the following sections:
          (1) * * *

           *       *       *       *       *       *       *

          (20) [section 40211] section 313 of the Family 
        Violence Prevention and Services Act (relating to a 
        hot-line);

           *       *       *       *       *       *       *

          (22) [section 40241] sections 301 through 312 of the 
        Family Violence Prevention and Services Act;

           *       *       *       *       *       *       *

          (24) [section 40261] section 314 of the Family 
        Violence Prevention and Services Act (relating to 
        community projects to prevent family violence, domestic 
        violence, and dating violence);

           *       *       *       *       *       *       *


CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978

           *       *       *       *       *       *       *



                    TITLE II--ADOPTION OPPORTUNITIES


SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    [(a) Findings.--Congress finds that--
          [(1) the number of children in substitute care has 
        increased by nearly 24 percent since 1994, as our 
        Nation's foster care population included more than 
        565,000 as of September of 2001;
          [(2) children entering foster care have complex 
        problems that require intensive services, with many 
        such children having special needs because they are 
        born to mothers who did not receive prenatal care, are 
        born with life threatening conditions or disabilities, 
        are born addicted to alcohol or other drugs, or have 
        been exposed to infection with the etiologic agent for 
        the human immunodeficiency virus;
          [(3) each year, thousands of children are in need of 
        placement in permanent, adoptive homes;
          [(4) many thousands of children remain in 
        institutions or foster homes solely because of legal 
        and other barriers to their placement in permanent, 
        adoptive homes;
          [(5)(A) currently, there are 131,000 children waiting 
        for adoption;
          [(B) such children are typically school aged, in 
        sibling groups, have experienced neglect or abuse, or 
        have a physical, mental, or emotional disability; and
          [(C) while the children are of all races, children of 
        color and older children (over the age of 10) are over 
        represented in such group;
          [(6) adoption may be the best alternative for 
        assuring the healthy development of such children;
          [(7) there are qualified persons seeking to adopt 
        such children who are unable to do so because of 
        barriers to their placement; and
          [(8) in order both to enhance the stability and love 
        of the child's home environment and to avoid wasteful 
        expenditures of public funds, such children should not 
        have medically indicated treatment withheld from them 
        nor be maintained in foster care or institutions when 
        adoption is appropriate and families can be found for 
        such children.]
    (a) Findings.--Congress finds that--
          (1) on the last day of fiscal year 2009, some 424,000 
        children were living in temporary foster family homes 
        or other foster care settings;
          (2) most children in foster care are victims of child 
        abuse or neglect by their biological parents and their 
        entry into foster care brought them the additional 
        trauma of separation from their homes and often their 
        communities;
          (3) on average, children entering foster care have 
        more physical and mental health needs than do children 
        in the general population, and some require intensive 
        services because the children entering foster care--
                  (A) were born to mothers who did not receive 
                prenatal care;
                  (B) were born with lift-threatening 
                conditions or disabilities;
                  (C) were born addicted to alcohol or other 
                drugs; or
                  (D) have HIV/AIDS;
          (4) each year, thousands of children in foster care, 
        regardless of their age, the size of the sibling group 
        they are a part of, their racial or ethnic status, 
        their medical condition, or any physical, mental or 
        emotional disability they may have, are in need of 
        placement with permanent, loving, adoptive families;
          (5)(A) States have made important strides in 
        increasing the number of children who are placed in 
        permanent homes with adoptive parents and in reducing 
        the length of time children wait for such a placement; 
        and
          (B) many thousands of children, however, still remain 
        in institutions or foster homes solely because of legal 
        and other barriers to such a placement;
          (6)(A) on the last day of fiscal year 2009, there 
        were 115,000 children waiting for adoption;
          (B) children waiting for adoption have had parental 
        rights of all living parents terminated or the children 
        have a permanency goal of adoption;
          (C)(i) the average age of children adopted with 
        public child welfare agency involvement during fiscal 
        year 2009 was a little more than 6 years; and
          (ii) the average age of children waiting for adoption 
        on the last day of that fiscal year was a little more 
        than 8 years of age and more than 30,000 of those 
        children were 12 years of age or older and
          (D)(i) 25 percent of the children adopted with public 
        child welfare agency involvement during fiscal year 
        2009 were African-American; and
          (ii) 30 percent of the children waiting for adoption 
        on the last day of fiscal year 2009 were African-
        American;
          (7) adoption may be the best alternative for assuring 
        the healthy development of children placed in foster 
        care;
          (8) there are qualified persons seeking to adopt such 
        children who are unable to do so because of barriers to 
        their placement and adoption; and
          (9) in order both to enhance the stability of and 
        love in the home environments of such children and to 
        avoid wasteful expenditures of public funds, such 
        children--
                  (A) should not have medically indicated 
                treatment withheld from them; or
                  (B) be maintained in foster care or 
                institutions when adoption is appropriate and 
                families can be found for such children.
    (b) Purpose.--It is the purpose of this title to facilitate 
the elimination of barriers, including geographic barriers, to 
adoption and to provide permanent and loving home environments 
for children who would benefit from adoption, particularly 
older children, minority children, and children with special 
needs, including disabled infants with life-threatening 
conditions, by providing a mechanism to--
          (1) * * *
          [(2) maintain an Internet-based national adoption 
        information exchange system to bring together children 
        who would benefit from adoption and qualified 
        prospective adoptive parents who are seeking such 
        children, and conduct national recruitment efforts in 
        order to reach prospective parents for children 
        awaiting adoption; and]
          (2) maintain an Internet-based national adoption 
        information exchange system to--
                  (A) bring together children who would benefit 
                from adoption and qualified prospective 
                adoptive parents who are seeking such children;
                  (B) conduct national recruitment efforts in 
                order to reach prospective parents for children 
                awaiting adoption; and
                  (C) connect placement agencies, prospective 
                adoptive parents, and adoptive parents to 
                resources designed to reduce barriers to 
                adoption, support adoptive families, and ensure 
                permanency; and

           *       *       *       *       *       *       *


SEC. 203. INFORMATION AND SERVICES.

    (a) In General.--The Secretary shall establish in the 
Department of Health and Human Services an appropriate 
administrative arrangement to provide a centralized focus for 
planning and coordinating of all departmental activities 
affecting adoption and foster care and for carrying out the 
provisions of this title. The Secretary shall make available 
such consultant services, on-site technical assistance and 
personnel, together with appropriate administrative expenses, 
including salaries and travel costs, as are necessary for 
carrying out such purposes, including services to facilitate 
the adoption of [children with special needs and particularly 
of disabled infants with life-threatening conditions and 
services to couples considering adoption of children with 
special needs.] older children, minority children, and children 
with special needs, particularly infants and toddlers with 
disabilities who have life-threatening conditions, and services 
to couples considering adoption of children with special needs.
    (b) Required Activities.--In connection with carrying out 
the provisions of this title, the Secretary shall--
          (1) conduct (directly or by grant to or contract with 
        public or private agencies or organizations) an 
        education and training program on adoption, and 
        prepare, publish, and disseminate (directly or by grant 
        to or contract with public or private agencies and 
        organizations) to all interested parties, public and 
        private agencies and organizations (including, but not 
        limited to, hospitals, health care and family planning 
        clinics, and social services agencies), and 
        governmental bodies, information and education and 
        training materials regarding adoption [and], adoption 
        assistance programs and post-legal adoption services;
          (2) conduct, directly or by grant or contract with 
        public or private organization ongoing extensive 
        recruitment efforts on a national level, including 
        efforts to promote the adoption of older children, 
        minority children, and children with special needs, 
        develop national public awareness efforts to unite 
        children in need of adoption with appropriate adoptive 
        parents, and establish a coordinated referral system of 
        recruited families with appropriate State or regional 
        adoption resources to ensure that families are served 
        in a timely fashion;

           *       *       *       *       *       *       *

          (7) [study the efficacy of States contracting with] 
        increase the effective use of public or private 
        agencies (including community-based and other 
        organizations)[,] by states, or sectarian institutions, 
        for the recruitment of potential adoptive and foster 
        families and to provide assistance in the placement of 
        children for adoption, including assisting in efforts 
        to work with organizations that promote the placement 
        of older children, minority children, and children with 
        special needs;

           *       *       *       *       *       *       *

          (9) * * *
                  (A) * * *
                  (B) provide training and technical assistance 
                to service providers and State agencies to 
                improve professional competency in the field of 
                adoption and the adoption of children with 
                special needs; [and]
                  (C) facilitate the development of 
                interdisciplinary approaches to meet the needs 
                of children who are waiting for adoption and 
                the needs of adoptive families;  and
                  (D) identify best practices to reduce 
                adoption disruption and termination;
          (10) provide (directly or by grant to or contract 
        with States, local government entities, tribal child 
        welfare agencies, public or private licensed child 
        welfare or adoption agencies or adoptive family groups 
        and community-based organizations with experience in 
        working with minority populations) for the provision of 
        programs aimed at increasing the number of minority 
        children (who are in foster care and have the goal of 
        adoption) placed in adoptive families, with a special 
        emphasis on recruitment of minority families--
                  (A) which may include such activities as--
                          (i) * * *
                          (ii) recruitment of prospective 
                        adoptive families for such children, 
                        including developing and using 
                        procedures to notify family and 
                        relatives when a child enters the child 
                        welfare system;

           *       *       *       *       *       *       *

                          (vi) * * *
                          (vii) education and training of 
                        prospective adoptive or adoptive 
                        parents;
                          [(vii)] (viii) use of volunteers and 
                        adoptive parent groups; and
                          [(viii)] (ix) any other activities 
                        determined by the Secretary to further 
                        the purposes of this Act; and

           *       *       *       *       *       *       *

    (d) Improving Placement Rate of Children in Foster Care.--
          (1) In general.--The Secretary shall make grants for 
        improving State efforts to increase the placement of 
        foster care children legally free for adoption, 
        according to a pre-established plan and goals for 
        improvement. [Grants funded by this section must 
        include a strong evaluation component which outlines 
        the innovations used to improve the placement of 
        special needs children who are legally free for 
        adoption, and the successes and failures of the 
        initiative. The evaluations will be submitted to the 
        Secretary who will compile the results of projects 
        funded by this section and submit a report to the 
        appropriate committees of Congress. The emphasis of 
        this program must focus on the improvement of the 
        placement rate--not the aggregate number of special 
        needs children placed in permanent homes. The 
        Secretary, when reviewing grant applications shall give 
        priority to grantees who propose improvements designed 
        to continue in the absence of Federal funds.]
          (2) Applications; technical and other assistance.--
                  (A) Applications.--Each State entering into 
                an agreement under this subsection shall submit 
                an application to the Secretary that describes 
                the manner in which the State will use funds 
                during the 3 fiscal years subsequent to the 
                date of the application to accomplish the 
                purposes of this section. Such application 
                shall be in a form and manner determined to be 
                appropriate by the Secretary, consistent with 
                the purpose of this title. [Each application 
                shall include verification of the placements 
                described in paragraph (1).] Each application 
                shall contain information that--
                          (i) describes how the State plans to 
                        improve the placement rate of children 
                        in permanent homes;
                          (ii) describes the methods the State, 
                        prior to submitting the application, 
                        has used to improve the placement of 
                        older children, minority children, and 
                        children with special needs, who are 
                        legally free for adoption;
                          (iii) describes the evaluation the 
                        State plans to conduct, to identify the 
                        effectiveness of programs and methods 
                        of placement under this subsection, and 
                        submit to the Secretary; and
                          (iv) describes how the State plans to 
                        coordinate activities under this 
                        subsection with relevant activities 
                        under section 473 of the Social 
                        Security Act (42 U.S.C. 673).
                  (B) Technical and other assistance.-- * * *
                          (i) technical assistance and resource 
                        and referral information to assist 
                        State or local governments with 
                        termination of parental rights issues, 
                        in recruiting and retaining adoptive 
                        families, in the successful placement 
                        of older children, minority children, 
                        and children with special needs, and in 
                        the provision of pre- and post-
                        placement services, including post-
                        legal adoption services; and
                          (ii) * * *
                  (C) Evaluation.--The Secretary shall compile 
                the results of evaluations submitted by States 
                (described in subparagraph (A) (iii)) and 
                submit a report containing the compiled results 
                to the appropriate committees of Congress.

           *       *       *       *       *       *       *


                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 205. (a) There are authorized to be appropriated 
$40,000,000 for fiscal year [2004] 2010 and such sums as may be 
necessary for fiscal years [2005 through 2008] 2011 through 
2015 to carry out programs and activities authorized under this 
subtitle.
    (b) Not less than 30 percent and not more than 50 percent 
of the funds appropriated under subsection (a) shall be 
allocated for activities under subsections (b)(10) and (c) of 
section 203.
    [(b)](c) The Secretary shall ensure that funds appropriated 
pursuant to authorizations in this Act shall remain available 
until expended for the purposes for which they were 
appropriated.

           *       *       *       *       *       *       *


ABANDONED INFANTS ASSISTANCE ACT OF 1988

           *       *       *       *       *       *       *



SEC. 2. FINDINGS.

    The Congress finds that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) appropriate training is needed for personnel 
        working with infants and young children with life-
        threatening conditions and other special needs, 
        [including those who are infected with the human 
        immunodeficiency virus (commonly known as ``HIV''), 
        those who have acquired immune deficiency syndrome 
        (commonly known as ``AIDS'')] including those with HIV/
        AIDS and those who have been exposed to dangerous 
        drugs;
          (5) infants and young children who are abandoned in 
        hospitals are particularly difficult to place in foster 
        homes, and are being abandoned in hospitals in 
        increasing numbers by mothers dying of [acquired immune 
        deficiency syndrome] HIV/AIDS, by parents abusing 
        drugs, or by parents incapable of providing adequate 
        care;

           *       *       *       *       *       *       *


                     TITLE III--GENERAL PROVISIONS

SEC. 301. DEFINITIONS.

    In this Act:
          (1) Abandoned; abandonment.-- * * *
          [(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)](2) 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)](3) Natural family.--The term ``natural family'' 
        shall be broadly include natural parents, grandparents, 
        family members, guardians, children residing in the 
        household, and individuals residing in the household on 
        a continuing basis who are in a care-giving situation, 
        with respect to infants and young children covered 
        under this Act.
          [(5)](4) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    (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] 2010 and such sums 
        as may be necessary for fiscal years [2005 through 
        2008] 2011 through 2015.

           *       *       *       *       *       *       *

    (b) Administrative Expenses.--
          (1) Authorization.-- * * *
          (2) Limitation.--The Secretary may not obligate any 
        of the amounts appropriated under paragraph (1) for a 
        fiscal year unless, from the amounts appropriated under 
        subsection (a)(1) for the fiscal year, the Secretary 
        has obligated for the purpose described in such 
        paragraph an amount equal, to the amounts obligated by 
        the Secretary for such purpose in [fiscal year 2003] 
        fiscal year 2010.

           *       *       *       *       *       *       *