Att 1_ Authorizing Legislation

DELTA Impact Att 1 Authorizing Legislation FVPSA.pdf

Delta Impact Cooperative Agreement Evaluation data collection Instruments

Att 1_ Authorizing Legislation

OMB: 0920-1324

Document [pdf]
Download: pdf | pdf
Save As...

Reset

S. 3817

One Hundred Eleventh Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten

An Act
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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘CAPTA Reauthorization Act
of 2010’’.

TITLE I—CHILD ABUSE PREVENTION
AND TREATMENT ACT
SEC. 101. FINDINGS.

Section 2 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 note) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) in fiscal year 2008, approximately 772,000 children
were found by States to be victims of child abuse and neglect;’’;
(2) in paragraph (2)—
(A) in subparagraph (A), by inserting ‘‘and close to
1⁄3 of all child maltreatment-related fatalities in fiscal year
2008 were attributed to neglect alone’’ after ‘‘maltreatment’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘60 percent’’ and inserting ‘‘71 percent’’;
(ii) by striking ‘‘2001’’ and inserting ‘‘fiscal year
2008’’;
(iii) by striking ‘‘19 percent’’ and inserting ‘‘16
percent’’;
(iv) by striking ‘‘10 percent’’ and inserting ‘‘9 percent’’; and
(v) by striking ‘‘and 7 percent suffered emotional
maltreatment’’ and inserting ‘‘, 7 percent suffered
psychological maltreatment, 2 percent experienced
medical neglect, and 9 percent were victims of other
forms of maltreatment’’;
(3) in paragraph (3)—
(A) in subparagraph (A) by inserting ‘‘or neglect’’ after
‘‘abuse’’;

Save As...

Save As...

S. 3817—2
(B) in subparagraph (B), by striking ‘‘2001, an estimated 1,300’’ and inserting ‘‘fiscal year 2008, an estimated
1,740’’; and
(C) in subparagraph (C)—
(i) by inserting ‘‘in fiscal year 2008,’’ after ‘‘(C)’’;
(ii) by striking ‘‘41 percent’’ and inserting ‘‘45 percent’’;
(iii) by striking ‘‘85 percent’’ and inserting ‘‘72
percent’’;
(iv) by striking ‘‘6 years’’ and inserting ‘‘4 years’’;
and
(v) by striking ‘‘abuse’’ each place it appears and
inserting ‘‘maltreatment’’;
(4) in paragraph (4)(B), by striking ‘‘slightly’’ and all that
follows and inserting ‘‘approximately 37 percent of victims of
child abuse did not receive post-investigation services in fiscal
year 2008;’’;
(5) by redesignating paragraphs (5) through (13) as paragraphs (6) through (11) and (13) through (15), respectively;
(6) by inserting after paragraph (4) of this section the
following:
‘‘(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;’’;
(7) in paragraph (6), as redesignated by paragraph (5)
of this section—
(A) in subparagraph (A), by inserting ‘‘domestic
violence services,’’ after ‘‘mental health,’’; and
(B) by amending subparagraph (E) to read as follows:
‘‘(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;’’;
(8) by inserting after paragraph (11), as redesignated by
paragraph (5) of this section, the following:
‘‘(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;’’;
(9) in paragraphs (14) and (15), as redesignated by paragraph (5) of this section, by striking ‘‘Federal government’’
and inserting ‘‘Federal Government’’; and
(10) in paragraph (14), as redesignated by paragraph (5)
of this section, by inserting ‘‘and’’ at the end.

Subtitle A—General Program
SEC. 111. ADVISORY BOARD.

Section 102 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5102) is amended—
(1) in subsection (c)—
(A) in paragraph (4), by striking ‘‘medicine (including
pediatrics)’’ and inserting ‘‘health care providers (including
pediatricians)’’;

Save As...

Save As...

S. 3817—3
(B) in paragraph (12), by striking ‘‘and’’;
(C) in paragraph (13), by striking the period and
inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(14) Indian tribes or tribal organizations.’’; and
(2) in subsection (f)—
(A) in paragraph (1), by inserting ‘‘tribal,’’ after ‘‘State,’’
each place such term appears; and
(B) in paragraph (2)—
(i) by striking ‘‘abuse or neglect which’’ and
inserting ‘‘child abuse or neglect which’’; and
(ii) by striking ‘‘Federal and State’’ and inserting
‘‘Federal, State, and tribal’’.
SEC. 112. NATIONAL CLEARINGHOUSE.

Section 103 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5104) is amended—
(1) in subsection (a), by inserting ‘‘and neglect’’ before the
period;
(2) in subsection (b)—
(A) by redesignating paragraphs (2) through (5) as
paragraphs (4) through (7), respectively;
(B) by striking paragraph (1) and inserting the following:
‘‘(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;’’;
(C) in paragraph (4), as redesignated by subparagraph
(A) of this paragraph, by inserting ‘‘and disseminate’’ after
‘‘maintain’’;
(D) in paragraph (5), as redesignated by subparagraph
(A) of this paragraph—
(i) in subparagraph (B), by inserting ‘‘(42 U.S.C.
5105 note)’’ before the semicolon; and
(ii) in subparagraph (C), by striking ‘‘alcohol or
drug’’ and inserting ‘‘substance’’;
(E) in subparagraph (C) of paragraph (6), as redesignated by subparagraph (A) of this paragraph, by striking
‘‘and’’ at the end;
(F) in subparagraph (B) of paragraph (7), as redesignated by subparagraph (A) of this paragraph, by striking
‘‘and child welfare personnel.’’ and inserting ‘‘child welfare,
substance abuse treatment services, and domestic violence
services personnel; and’’; and
(G) by adding at the end the following:
‘‘(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

Save As...

Save As...

S. 3817—4
collaboration between entities providing child protective services and entities providing domestic violence services.’’; and
(3) in subsection (c)(1)—
(A) by striking subparagraph (B) and inserting the
following:
‘‘(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;’’;
(B) in subparagraph (C)—
(i) in the matter preceding clause (i), by inserting
‘‘tribal,’’ after ‘‘State,’’;
(ii) in clause (i), by striking ‘‘and’’ at the end;
and
(iii) by adding at the end the following:
‘‘(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;’’; and
(C) in subparagraph (F), by striking ‘‘abused or
neglected children’’ and inserting ‘‘victims of child abuse
or neglect’’.
SEC. 113. RESEARCH AND ASSISTANCE ACTIVITIES.

(a) RESEARCH.—Section 104(a) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5105(a)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘from abuse or neglect and to improve the wellbeing of abused or neglected children’’ and inserting ‘‘from
child abuse or neglect and to improve the well-being of
victims of child abuse or neglect’’;
(B) in subparagraph (B), by striking ‘‘abuse and neglect
on’’ and inserting ‘‘child abuse and neglect on’’;
(C) by redesignating subparagraphs (C), (D), (E), (F),
(G), (H), and (I), as subparagraphs (D), (E), (F), (H), (J),
(N), and (O), respectively;
(D) by inserting after subparagraph (B) the following:
‘‘(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;’’;
(E) in subparagraph (D), as redesignated by subparagraph (C) of this paragraph, by inserting ‘‘and neglect’’
before the semicolon;
(F) in subparagraph (E), as redesignated by subparagraph (C) of this paragraph—
(i) by inserting ‘‘, including best practices to meet
the needs of special populations,’’ after ‘‘best practices’’;
and
(ii) by striking ‘‘(12)’’ and inserting ‘‘(14)’’;

Save As...

Save As...

S. 3817—5
(G) by inserting after subparagraph (F), as redesignated by subparagraph (C) of this paragraph, the following:
‘‘(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;’’;
(H) by inserting after subparagraph (H), as redesignated by subparagraph (C) of this paragraph, the following:
‘‘(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;’’;
(I) in subparagraph (J), as redesignated by subparagraph (C) of this paragraph, by striking ‘‘low income’’ and
inserting ‘‘low-income’’;
(J) by inserting after subparagraph (J), as redesignated
by subparagraph (C) of this paragraph, the following:
‘‘(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;’’;
(K) in subparagraph (N), as redesignated by subparagraph (C) of this paragraph, by striking ‘‘clauses (i) through
(xi) of subparagraph (H)’’ and inserting ‘‘clauses (i) through
(x) of subparagraph (O)’’; and
(L) in subparagraph (O), as redesignated by subparagraph (C) of this paragraph—
(i) in clauses (i) and (ii), by inserting ‘‘and neglect’’
after ‘‘abuse’’;
(ii) in clause (v), by striking ‘‘child abuse have’’
and inserting ‘‘child abuse and neglect have’’;
(iii) by striking ‘‘and’’ at the end of clause (ix);
(iv) by redesignating clause (x) as clause (xi);
(v) by inserting after clause (ix), the following:
‘‘(x) the extent to which reports of suspected or
known instances of child abuse or neglect involving
a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, are
being screened out solely on the basis of the crossjurisdictional complications; and’’; and

Save As...

Save As...

S. 3817—6
(vi) in clause (xi), as redesignated by clause (iv),
by striking ‘‘abuse’’ and inserting ‘‘child abuse and
neglect’’; and
(2) in paragraph (2), by striking ‘‘subparagraphs’’ and all
that follows and inserting ‘‘clauses (i) through (xi) of paragraph
(1)(O).’’;
(3) in paragraph (3), by striking ‘‘Keeping Children and
Families Safe Act of 2003’’ and inserting ‘‘CAPTA Reauthorization Act of 2010’’;
(4) in paragraph (4)—
(A) by striking ‘‘(A) The’’ and inserting the following:
‘‘(A) IN GENERAL.—The’’; and
(B) in subparagraph (B)—
(i) by striking all that precedes ‘‘later’’ and
inserting the following:
‘‘(B) PUBLIC COMMENT.—Not’’;
(ii) by striking ‘‘than 2’’ and inserting ‘‘than 1’’;
and
(iii) by striking ‘‘Keeping Children and Families
Safe Act of 2003’’ and inserting ‘‘CAPTA Reauthorization Act of 2010’’; and
(5) by adding at the end the following:
‘‘(4) STUDY ON SHAKEN BABY SYNDROME.—The Secretary
shall conduct a study that—
‘‘(A) identifies data collected on shaken baby syndrome;
‘‘(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) TECHNICAL ASSISTANCE.—Section 104(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended—
(1) in paragraph (1), by inserting ‘‘and providers of mental
health, substance abuse treatment, and domestic violence
prevention services’’ after ‘‘disabilities’’; and
(2) in paragraph (3)(B)—
(A) by striking ‘‘and child welfare personnel’’ and
inserting ‘‘child welfare, substance abuse, and domestic
violence services personnel’’; and
(B) by striking ‘‘subjected to abuse.’’ and inserting ‘‘subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.’’.
(c) PEER REVIEW FOR GRANTS AND CONTRACTS.—Section 104(d)
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(d)) is amended—
(1) in paragraph (1)—
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—To enhance the quality and usefulness of research in the field of child abuse and neglect,

Save As...

Save As...

S. 3817—7
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.’’; and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(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.’’; and
(2) in paragraph (3)—
(A) by striking ‘‘(A) The’’ and inserting the following:
‘‘(A) MERITORIOUS PROJECTS.—The’’; and
(B) in subparagraph (B), by striking all that precedes
‘‘the instance’’ and inserting the following:
‘‘(B) EXPLANATION.—In’’.
(d) DEMONSTRATION PROGRAMS AND PROJECTS.—Section 104(e)
of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5105(e)) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘States or’’ and inserting ‘‘entities that
are States, Indian tribes or tribal organizations, or’’; and
(B) by striking ‘‘such agencies or organizations’’ and
inserting ‘‘such entities’’;
(2) in paragraph (1)(B), by striking ‘‘safely facilitate the’’
and inserting ‘‘facilitate the safe’’; and
(3) in paragraph (2)—
(A) by inserting ‘‘child care and early childhood education and care providers,’’ after ‘‘in cooperation with’’;
and
(B) by striking ‘‘preschool’’ and inserting ‘‘preschools,’’.
SEC. 114. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.

Section 105 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106) is amended—
(1) in the heading, by striking ‘‘STATES’’ and inserting
‘‘STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS,’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1)—

Save As...

Save As...

S. 3817—8
(i) by striking ‘‘States,’’ and inserting ‘‘entities that
are States, Indian tribes or tribal organizations, or’’;
and
(ii) by striking ‘‘such agencies or organizations’’
and inserting ‘‘such entities’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘this section’’ and inserting ‘‘this subsection’’;
(ii) in subparagraph (A)—
(I) by inserting ‘‘health care,’’ before ‘‘medicine,’’;
(II) by inserting ‘‘child care,’’ after ‘‘education,’’;
and
(III) by inserting ‘‘and neglect’’ before the semicolon;
(iii) in subparagraph (B), by inserting a comma
after ‘‘youth’’;
(iv) in subparagraph (D)—
(I) by striking ‘‘support the enhancement of
linkages between’’ and inserting ‘‘enhance linkages
among’’;
(II) by striking ‘‘including physical’’ and all
that follows through ‘‘partnerships’’ and inserting
‘‘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’’; and
(III) by striking ‘‘offer creative approaches to
using’’ and inserting ‘‘support the coordinated use
of’’;
(v) by redesignating subparagraphs (E) through
(J) as subparagraphs (F), (G), and (I) through (L),
respectively;
(vi) by inserting after subparagraph (D) the following:
‘‘(E) for the training of personnel in best practices
to meet the unique needs of children with disabilities,
including promoting interagency collaboration;’’;
(vii) by inserting after subparagraph (G), as
redesignated by clause (v) of this subparagraph, the
following:
‘‘(H) for the training of personnel in childhood development including the unique needs of children under age
3;’’;
(viii) in subparagraph (J), as redesignated by
clause (v) of this subparagraph, by striking ‘‘and other
public and private welfare agencies’’ and inserting
‘‘other public and private welfare agencies, and agencies that provide early intervention services’’;
(ix) in subparagraph (K), as redesignated by clause
(v) of this subparagraph, by striking ‘‘and’’ at the end;
(x) in subparagraph (L), as redesignated by clause
(v) of this subparagraph—
(I) by striking ‘‘disabled infants’’ each place
it appears and inserting ‘‘infants or toddlers with
disabilities’’; and

Save As...

Save As...

S. 3817—9
(II) by striking the period and inserting ‘‘;
and’’; and
(xi) by adding at the end the following:
‘‘(M) for the training of personnel in best practices
relating to the provision of differential response.’’;
(C) in paragraph (2)(C), by striking ‘‘where’’ and
inserting ‘‘when’’;
(D) in paragraph (3), by inserting ‘‘, leadership,’’ after
‘‘mutual support’’;
(E) in paragraph (4), by striking all that precedes
‘‘Secretary’’ and inserting the following:
‘‘(4) KINSHIP CARE.—The’’;
(F) in paragraph (4), by striking ‘‘in not more than
10 States’’;
(G) in paragraph (5)—
(i) in the paragraph heading—
(I) by striking ‘‘BETWEEN’’ and inserting
‘‘AMONG’’; and
(II) by striking ‘‘AND DEVELOPMENTAL DISABILITIES’’ and inserting ‘‘SUBSTANCE ABUSE, DEVELOPMENTAL DISABILITIES, AND DOMESTIC VIOLENCE
SERVICE’’;
(ii) by striking ‘‘between’’ and inserting ‘‘among’’;
(iii) by striking ‘‘mental health’’ and all that follows
through ‘‘, for’’ and inserting ‘‘mental health, substance
abuse, developmental disabilities, and domestic
violence service agencies, and entities that carry out
community-based programs, for’’; and
(iv) by striking ‘‘help assure’’ and inserting
‘‘ensure’’; and
(H) by inserting after paragraph (5) the following:
‘‘(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 nonabusing 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.’’; and
(3) in subsection (b)(4)—
(A) in subparagraph (A)(ii), by striking ‘‘neglected or
abused’’ and inserting ‘‘victims of child abuse or neglect’’;
(B) in subparagraphs (B)(ii) and (C)(iii), by striking
‘‘abuse or neglect’’ and inserting ‘‘child abuse and neglect’’;
(C) in subparagraph (C)(iii), by striking ‘‘been neglected
or abused’’ and inserting ‘‘been a victim of child abuse
or neglect’’; and
(D) in subparagraph (D), by striking ‘‘a’’ after ‘‘grantee
is’’ and inserting ‘‘an’’.
SEC. 115. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS.

(a) SECTION HEADING.—Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended by striking
the section heading and inserting the following:

Save As...

Save As...

S. 3817—10
‘‘SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT
PREVENTION AND TREATMENT PROGRAMS.’’.

(b) DEVELOPMENT AND OPERATION GRANTS.—Section 106(a) of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a))
is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘based on’’ and all that follows through ‘‘18 in’’ and inserting
‘‘from allotments made under subsection (f) for’’;
(2) in paragraph (1), by striking ‘‘abuse and neglect’’ and
inserting ‘‘child abuse or neglect’’;
(3) in paragraph (2)—
(A) in subparagraph (A), by inserting ‘‘, intra-agency,
interstate, and intrastate’’ after ‘‘interagency’’; and
(B) in subparagraph (B)(i), by striking ‘‘abuse and
neglect’’ and inserting ‘‘child abuse or neglect’’;
(4) in paragraph (4), by inserting ‘‘, including the use
of differential response’’ after ‘‘protocols’’;
(5) in paragraph (6)—
(A) in subparagraph (A) by inserting ‘‘, including the
use of differential response,’’ after ‘‘strategies’’;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
(C) in subparagraph (C), by striking ‘‘workers’’ and
all that follows and inserting ‘‘workers; and’’; and
(D) by adding at the end the following:
‘‘(D) training in early childhood, child, and adolescent
development;’’;
(6) by striking paragraphs (8) and (9) and inserting the
following:
‘‘(8) developing, facilitating the use of, and implementing
research-based strategies and training protocols for individuals
mandated to report child abuse and neglect;’’;
(7) by redesignating paragraphs (10) through (14) as paragraphs (9) through (13), respectively;
(8) in paragraph (9), as redesignated by paragraph (7)
of this subsection—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by adding ‘‘and’’ at the end;
and
(C) by adding at the end the following:
‘‘(D) the use of differential response in preventing child
abuse and neglect;’’;
(9) in paragraph (10), as redesignated by paragraph (7)
of this subsection, by inserting ‘‘, including the use of differential response’’ before the semicolon;
(10) in paragraph (12), as redesignated by paragraph (7)
of this subsection, by striking ‘‘or’’ at the end;
(11) in paragraph (13), as redesignated by paragraph (7)
of this subsection—
(A) by striking ‘‘supporting and enhancing’’ and all
that follows through ‘‘community-based programs’’ and
inserting ‘‘supporting and enhancing interagency collaboration among public health agencies, agencies in the child
protective service system, and agencies carrying out private
community-based programs—’’;
(B) by striking ‘‘to provide’’ and inserting the following:
‘‘(A) to provide’’;

Save As...

Save As...

S. 3817—11
(C) by striking ‘‘systems) and’’ and inserting ‘‘systems),
and the use of differential response; and’’;
(D) by striking ‘‘to address’’ and inserting the following:
‘‘(B) to address’’;
(E) by striking ‘‘abused or neglected’’ and inserting
‘‘victims of child abuse or neglect;’’and
(F) by striking the period at the end and inserting
‘‘; or’’; and
(12) by adding at the end the following:
‘‘(14) developing and implementing procedures for
collaboration among child protective services, domestic violence
services, and other agencies in—
‘‘(A) investigations, interventions, and the delivery of
services and treatment provided to children and families,
including the use of differential response, where appropriate; and
‘‘(B) the provision of services that assist children
exposed to domestic violence, and that also support the
caregiving role of their nonabusing parents.’’.
(c) ELIGIBILITY REQUIREMENTS.—Section 106(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(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) in paragraph (2)—
(A) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(B) by striking the matter preceding subparagraph (B),
as redesignated by subparagraph (A) of this paragraph,
and inserting the following:
‘‘(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

Save As...

Save As...

S. 3817—12
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;’’;
(C) in subparagraph (B), as redesignated by subparagraph (A) of this paragraph—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘chief executive officer’’ and
inserting ‘‘Governor’’; and
(II) by striking ‘‘Statewide’’ and inserting
‘‘statewide’’;
(ii) by amending clause (i) to read as follows:
‘‘(i) provisions or procedures for an individual to
report known and suspected instances of child abuse
and neglect, including a State law for mandatory
reporting by individuals required to report such
instances;’’;
(iii) in clause (ii)—
(I) in the matter preceding subclause (I)—
(aa) by inserting ‘‘with’’ after ‘‘born’’; and
(bb) by inserting ‘‘or a Fetal Alcohol Spectrum Disorder,’’ after ‘‘drug exposure,’’; and
(II) in subclause (I), by inserting ‘‘or neglect’’
before the semicolon;
(iv) in clause (iii), by inserting ‘‘, or a Fetal Alcohol
Spectrum Disorder’’ before the semicolon;
(v) in clause (v), by inserting ‘‘, including the use
of differential response,’’ after ‘‘procedures’’;
(vi) in clause (vi)—
(I) by striking ‘‘the abused or neglected child’’
and inserting ‘‘a victim of child abuse or neglect’’;
and
(II) by striking ‘‘abuse or neglect’’ and
inserting ‘‘child abuse or neglect’’;
(vii) in clause (ix), by striking ‘‘abuse and neglect’’
and inserting ‘‘child abuse and neglect’’;
(viii) in clause (xi), by striking ‘‘or neglect’’ and
inserting ‘‘and neglect’’;
(ix) in clause (xiii)—
(I) by striking ‘‘an abused or neglected child’’
and inserting ‘‘a victim of child abuse or neglect’’;
and
(II) by inserting ‘‘including training in early
childhood, child, and adolescent development,’’
after ‘‘to the role,’’;
(x) in clause (xv)(II), by striking ‘‘abuse or neglect’’
and inserting ‘‘child abuse or neglect’’;
(xi) in clause (xviii), by striking ‘‘abuse and’’ and
inserting ‘‘abuse or’’;
(xii) in clause (xvi)—
(I) in subclause (III), by striking ‘‘; or’’ and
inserting ‘‘;’’; and
(II) by adding at the end the following:
‘‘(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

Save As...

Save As...

S. 3817—13
Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16913(a));’’;
(xiii) in clause (xxi), by striking ‘‘Act; and’’ and
inserting ‘‘Act (20 U.S.C. 1431 et seq.);’’;
(xiv) in clause (xxii)—
(I) by striking ‘‘not later’’ through ‘‘2003,’’;
(II) by inserting ‘‘that meet the requirements
of section 471(a)(20) of the Social Security Act
(42 U.S.C. 671(a)(20))’’ after ‘‘checks’’; and
(III) by adding ‘‘and’’ at the end; and
(xv) by adding at the end the following:
‘‘(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;’’;
(D) in subparagraph (C), as redesignated by subparagraph (A) of this paragraph—
(i) by striking ‘‘disabled infants with’’ each place
it appears and inserting ‘‘infants with disabilities who
have’’; and
(ii) in clause (iii), by striking ‘‘life threatening’’
and inserting ‘‘life-threatening’’;
(E) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph—
(i) in clause (ii), by striking ‘‘and’’ at the end;
(ii) in clause (iii), by striking ‘‘and’’ at the end;
(iii) by adding at the end the following:
‘‘(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;’’;
(F) in subparagraph (E), as redesignated by subparagraph (A) of this paragraph—
(i) by inserting ‘‘(42 U.S.C. 621 et seq.)’’ after ‘‘Act’’;
and
(ii) by striking the period at the end and inserting
a semicolon;
(G) by inserting after subparagraph (E), as redesignated by subparagraph (A) of this paragraph, the following:
‘‘(F) an assurance or certification that programs and
training conducted under this title address the unique
needs of unaccompanied homeless youth, including access
to enrollment and support services and that such youth
are eligible for under parts B and E of title IV of the
Social Security Act (42 U.S.C. 621 et seq., 670 et seq.)

Save As...

Save As...

S. 3817—14
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.’’; and
(H) in the last sentence, by striking ‘‘subparagraph
(A)’’ and inserting ‘‘subparagraph (B)’’; and
(3) in paragraph (3), by striking ‘‘paragraph (2)(A)’’ and
inserting ‘‘paragraph (2)(B)’’.
(d) CITIZEN REVIEW PANELS.—Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended—
(1) in paragraph (2), by inserting before the period the
following: ‘‘, and may include adult former victims of child
abuse or neglect’’; and
(2) in paragraph (4)(A)(iii)(I), by inserting ‘‘(42 U.S.C. 670
et seq.)’’ before the semicolon.
(e) ANNUAL STATE DATA REPORTS.—Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended—
(1) in paragraph (1), by striking ‘‘as abused or neglected’’
and inserting ‘‘as victims of child abuse or neglect’’;
(2) in paragraph (4), by inserting ‘‘, including use of differential response,’’ after ‘‘services’’;
(3) by striking paragraph (7) and inserting the following:
‘‘(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).’’;
(4) in paragraph (9), by striking ‘‘abuse or neglect’’ and
inserting ‘‘child abuse or neglect’’;
(5) by striking paragraph (10) and inserting the following:
‘‘(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.’’;
(6) in paragraph (11), by striking ‘‘and neglect’’ and
inserting ‘‘or neglect’’; and
(7) by adding at the end the following:
‘‘(15) The number of children referred to a child protective
services system under subsection (b)(2)(B)(ii).

Save As...

Save As...

S. 3817—15
‘‘(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.).’’.
(f) ANNUAL REPORT.—Section 106(e) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(e)) is amended by inserting
‘‘and neglect’’ before the period.
(g) FORMULA.—Section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a) is amended by adding at the
end the following:
‘‘(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

Save As...

Save As...

S. 3817—16
‘‘(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. 116. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND
NEGLECT CASES.

Section 107 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106c) is amended—
(1) in subsection (a)—
(A) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(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;’’;
(B) in paragraph (3), by striking ‘‘particularly’’ and
inserting ‘‘including’’; and
(C) in paragraph (4)—
(i) by striking ‘‘the handling’’ and inserting ‘‘the
assessment and investigation’’; and
(ii) by striking ‘‘victims of abuse’’ and inserting
‘‘suspected victims of child abuse’’;
(2) in subsection (b)(1), by striking ‘‘section 107(b)’’ and
inserting ‘‘section 106(b)’’;
(3) in subsection (c)(1)—
(A) in subparagraph (G), by striking ‘‘and’’ at the end;
(B) in subparagraph (H), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
‘‘(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)).’’;
(4) in subsection (d)(1)—
(A) by striking ‘‘particularly’’ and inserting ‘‘including’’;
and

Save As...

Save As...

S. 3817—17
(B) by inserting ‘‘intrastate,’’ before ‘‘interstate’’;
(5) in subsection (e)(1)—
(A) in subparagraph (A)—
(i) by striking ‘‘particularly’’ and inserting
‘‘including’’; and
(ii) by inserting ‘‘intrastate,’’ before ‘‘interstate’’;
(B) in subparagraph (B)—
(i) by inserting a comma after ‘‘model’’; and
(ii) by striking ‘‘improve the rate’’ and all that
follows through ‘‘child sexual abuse cases’’ and
inserting the following: ‘‘improve the prompt and
successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and
administrative action in child abuse and neglect cases,
particularly child sexual abuse and exploitation cases,
including the enhancement of performance of courtappointed attorneys and guardians ad litem for children’’; and
(C) in subparagraph (C)—
(i) by inserting a comma after ‘‘protocols’’;
(ii) by inserting ‘‘, which may include those children involved in reports of child abuse or neglect with
a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal,’’ after
‘‘protection for children’’;
(iii) by striking ‘‘from abuse’’ and inserting ‘‘from
child abuse and neglect’’; and
(iv) by striking ‘‘particularly’’ and inserting
‘‘including’’; and
(6) in subsection (f), by inserting ‘‘(42 U.S.C. 10603a)’’ after
‘‘1984’’.
SEC. 117. MISCELLANEOUS REQUIREMENTS.

Section 108(d) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106d(d)) is amended to read as follows:
‘‘(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. 118. REPORTS.

(a) IN GENERAL.—Section 110 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106f) is amended by striking subsections (a) and (b) and inserting the following:
‘‘(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

Save As...

Save As...

S. 3817—18
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.’’.
(b) STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.—
Section 110(c) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5106f(c)) is amended to read as follows:
‘‘(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).’’.
(c) STUDY AND REPORT RELATING TO IMMUNITY FROM PROSECUTION FOR PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN

Save As...

Save As...

S. 3817—19
INSTANCES OF CHILD ABUSE AND NEGLECT.—Section 110 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is
amended by adding at the end the following:
‘‘(d) STUDY AND REPORT RELATING TO IMMUNITY FROM PROSECUTION FOR PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN
INSTANCES OF CHILD ABUSE AND NEGLECT.—
‘‘(1) STUDY.—The Secretary shall complete a study, in consultation with experts in the provision of healthcare, law
enforcement, education, and local child welfare administration,
that examines how provisions for immunity from prosecution
under State and local laws and regulations facilitate and inhibit
individuals cooperating, consulting, or assisting in making good
faith reports, including mandatory reports, of suspected or
known instances of child abuse or neglect.
‘‘(2) REPORT.—Not later than 1 year after the date of the
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) and any recommendations for statutory or regulatory
changes the Secretary determines appropriate. Such report may
be submitted electronically.’’.
SEC. 119. DEFINITIONS.

Section 111 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106g) is amended—
(1) in paragraph (5)—
(A) by inserting ‘‘except as provided in section 106(f),’’
after ‘‘(5)’’;
(B) by inserting ‘‘and’’ after ‘‘Samoa,’’; and
(C) by striking ‘‘and the Trust Territory of the Pacific
Islands’’;
(2) in paragraph (6)(C), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
‘‘(7) 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) 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);
‘‘(9) 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);
‘‘(10) 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
‘‘(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. 120. AUTHORIZATION OF APPROPRIATIONS.

Section 112(a)(1) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106h(a)(1)) is amended—
(1) by striking ‘‘2004’’ and inserting ‘‘2010’’; and

Save As...

Save As...

S. 3817—20
(2) by striking ‘‘2005 through 2008’’ and inserting ‘‘2011
through 2015’’.
SEC. 121. RULE OF CONSTRUCTION.

Section 113(a)(2) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106i(a)(2)) is amended by striking ‘‘abuse or neglect’’
and inserting ‘‘child abuse or neglect’’.

Subtitle B—Community-Based Grants for
the Prevention of Child Abuse or Neglect
SEC. 131. TITLE HEADING.

The title heading of title II of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5116) is amended to read as follows:

‘‘TITLE II—COMMUNITY-BASED GRANTS
FOR THE PREVENTION OF CHILD
ABUSE AND NEGLECT’’.
SEC. 132. PURPOSE AND AUTHORITY.

Section 201 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116) is amended—
(1) by striking subsection (a)(1) and inserting the following:
‘‘(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’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘hereafter’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A)—
(I) by inserting a comma after ‘‘expanding’’;
and
(II) by striking ‘‘(through networks where
appropriate)’’;
(ii) in subparagraph (E), by inserting before the
semicolon the following: ‘‘, including access to such
resources and opportunities for unaccompanied homeless youth’’; and
(iii) by striking subparagraph (G) and inserting
the following:
‘‘(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’’;
(C) in paragraph (2), by inserting after ‘‘children and
families’’ the following: ‘‘, including unaccompanied homeless youth,’’;

Save As...

Save As...

S. 3817—21
(D) in paragraph (3)—
(i) by inserting ‘‘substance abuse treatment services, domestic violence services,’’ after ‘‘mental health
services,’’;
(ii) by striking ‘‘family resource and support program’’ and inserting ‘‘community-based child abuse and
neglect prevention program’’; and
(iii) by striking ‘‘community-based family resource
and support program’’ and inserting ‘‘community-based
child abuse and neglect prevention programs’’; and
(E) in paragraph (4)—
(i) by inserting ‘‘and reporting’’ after ‘‘information
management’’;
(ii) by striking the comma after ‘‘preventionfocused’’; and
(iii) by striking ‘‘(through networks where appropriate)’’.
SEC. 133. ELIGIBILITY.

Section 202 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116a) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘chief executive officer’’ each place it
appears and inserting ‘‘Governor’’; and
(B) by inserting a comma after ‘‘enhance’’;
(2) in paragraphs (1), (2), and (3), by striking ‘‘(through
networks where appropriate)’’ each place it appears;
(3) in paragraphs (2) and (3), in the matter preceding
subparagraph (A), by striking ‘‘chief executive officer’’ and
inserting ‘‘Governor’’; and
(4) in paragraph (2)—
(A) in subparagraphs (A) and (B), by inserting ‘‘adult
former victims of child abuse or neglect,’’ after ‘‘parents,’’;
and
(B) in subparagraph (C), by inserting a comma after
‘‘State’’.
SEC. 134. AMOUNT OF GRANT.

Section 203(b)(1) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116b(b)(1))—
(1) in subparagraph (A), by striking all that precedes ‘‘70’’
and inserting the following:
‘‘(A) 70 PERCENT.—’’; and
(2) in subparagraph (B), by striking all that precedes ‘‘30’’
and inserting the following:
‘‘(B) 30 PERCENT.—’’.
SEC. 135. APPLICATION.

Section 205 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116d) is amended—
(1) in paragraphs (1) and (2), by striking ‘‘(through networks where appropriate)’’;
(2) in paragraph (2)—
(A) by striking ‘‘and how family resource and support’’
and inserting ‘‘, including how community-based child
abuse and neglect prevention’’; and
(B) by striking ‘‘services provided’’ and inserting ‘‘programs provided’’;

Save As...

Save As...

S. 3817—22
(3) in paragraph (4), by inserting a comma after ‘‘operation’’;
(4) in paragraph (6)—
(A) by striking ‘‘an assurance that the State has the’’
and inserting ‘‘a description of the State’s’’; and
(B) by striking ‘‘consumers and’’ and inserting ‘‘consumers, of family advocates, and of adult former victims
of child abuse or neglect,’’;
(5) in paragraph (7), by inserting a comma after ‘‘expansion’’;
(6) in paragraph (8)—
(A) by striking ‘‘and activities’’; and
(B) by inserting after ‘‘homelessness,’’ the following:
‘‘unaccompanied homeless youth,’’;
(7) in paragraph (9), by inserting a comma after ‘‘training’’;
and
(8) in paragraph (11), by inserting a comma after ‘‘procedures’’.
SEC. 136. LOCAL PROGRAM REQUIREMENTS.

(a) IN GENERAL.—Section 206(a) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5116e(a)) is amended—
(1) in the matter preceding paragraph (1), by inserting
a comma after ‘‘expand’’;
(2) in paragraph (1)—
(A) by striking ‘‘parents and’’ and inserting ‘‘parents,’’;
and
(B) by inserting ‘‘in meaningful roles’’ before the semicolon;
(3) in paragraph (2)—
(A) by striking ‘‘a strategy to provide, over time,’’ and
inserting ‘‘a comprehensive strategy to provide’’;
(B) by striking ‘‘family centered’’ and inserting ‘‘familycentered’’; and
(C) by striking ‘‘and parents with young children,’’
and inserting ‘‘, to parents with young children, and to
parents who are adult former victims of domestic violence
or child abuse or neglect,’’;
(4) in paragraph (3)—
(A) by striking all that precedes subparagraph (C) and
inserting the following:
‘‘(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’’; and
(B) in subparagraph (C)—
(i) in the matter preceding clause (i), by striking
‘‘(C)’’ and inserting ‘‘(B) provide’’;
(ii) by striking clause (ii) and inserting the following:
‘‘(ii) child care, early childhood education and care,
and intervention services;’’;

Save As...

Save As...

S. 3817—23
(iii) in clause (iii), by inserting ‘‘and parents who
are individuals with disabilities’’ before the semicolon;
(iv) in clause (v), by striking ‘‘scholastic tutoring’’
and inserting ‘‘academic tutoring’’;
(v) in clause (vii), by striking ‘‘and’’ after the semicolon;
(vi) in clause (viii), by adding ‘‘and’’ after the semicolon;
(vii) by adding at the end the following:
‘‘(ix) domestic violence service programs that provide services and treatment to children and their nonabusing caregivers.’’; and
(viii) in clause (v), by striking ‘‘scholastic tutoring’’
and inserting ‘‘academic tutoring’’;
(5) in paragraph (5), by striking ‘‘family resource and support program’’ and inserting ‘‘child abuse and neglect prevention
program’’; and
(6) in paragraph (6), by inserting a comma after ‘‘operation’’.
(b) TECHNICAL AMENDMENT.—Section 206(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116e(b)) is amended—
(1) by striking ‘‘low income’’ and inserting ‘‘low-income’’;
and
(2) by striking ‘‘family resource and support programs’’
and inserting ‘‘child abuse and neglect prevention programs.’’.
SEC. 137. CONFORMING AMENDMENTS.

Section 207 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5119f) is amended—
(1) in paragraph (1), by inserting a comma after ‘‘operation’’;
(2) in paragraph (2), by inserting ‘‘which description shall
specify whether those services are supported by research’’ after
‘‘section 202’’;
(3) in paragraph (4)—
(A) by striking ‘‘section 205(3)’’ and inserting ‘‘section
204(3)’’; and
(B) by inserting a comma after ‘‘operation’’;
(4) in paragraph (6)—
(A) by inserting a comma after ‘‘local’’; and
(B) by inserting a comma after ‘‘expansion’’; and
(5) in paragraph (7), by striking ‘‘the results’’ and all that
follows and inserting ‘‘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. 138. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY
RESOURCE PROGRAMS.

Section 208 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116g) is amended—
(1) in paragraph (1), by inserting a comma after ‘‘operate’’;
(2) in paragraph (2), by inserting a comma after ‘‘operate’’;
and
(3) in paragraph (4), by inserting a comma after ‘‘operate’’.
SEC. 139. DEFINITIONS.

Section 209 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116h) is amended—
(1) by striking paragraph (1);

Save As...

Save As...

S. 3817—24
(2) by redesignating paragraphs (2), (3), and (5) as paragraphs (1) through (3), respectively; and
(3) in paragraph (3), as so redesignated—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘, including the services of crisis nurseries,’’ after
‘‘short term care services’’;
(B) in subparagraphs (A) and (B), by striking ‘‘abuse
or neglect’’ and inserting ‘‘child abuse or neglect’’; and
(C) in subparagraph (C), by striking ‘‘have’’ and all
that follows and inserting ‘‘have disabilities or chronic or
terminal illnesses.’’.
SEC. 140. AUTHORIZATION OF APPROPRIATIONS.

Section 210 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116i) is amended—
(1) by striking ‘‘2004’’ and inserting ‘‘2010’’; and
(2) by striking ‘‘2005 through 2008’’ and inserting ‘‘2011
through 2015’’.
SEC. 141. REDESIGNATION.

Title II of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116 et seq.) is amended by redesignating sections 205
through 210 as sections 204 through 209, respectively.
SEC. 142. TRANSFER OF DEFINITIONS.

(a) GENERAL DEFINITIONS.—The Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by inserting
after section 2 the following:
‘‘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,

Save As...

Save As...

S. 3817—25
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).’’.
(b) CONFORMING AMENDMENTS.—Section 111 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106g), as amended by
section 119, is further amended—
(1) by striking paragraphs (1), (2), (3), (5), (9), and (11)
of section 111;
(2) by redesignating paragraphs (7), (8), and (10) as paragraphs (1), (2), and (3), respectively, and inserting the paragraphs before paragraph (4);
(3) in paragraph (3), as so redesignated, by striking ‘‘and’’
at the end;
(4) in paragraph (4), by adding ‘‘and’’ at the end; and
(5) by redesignating paragraph (6) as paragraph (5).

Subtitle C—Conforming Amendments
SEC. 151. AMENDMENTS TO TABLE OF CONTENTS.

The table of contents in section 1(b) of the Child Abuse Prevention and Treatment Act is amended—
(1) by inserting after the item relating to section 2 the
following:
‘‘Sec. 3. General definitions.’’;

(2) by amending the item relating to section 105 to read
as follows:
‘‘Sec. 105. Grants to States, Indian tribes or tribal organizations, and public or private agencies and organizations.’’;

(3) by amending the item relating to section 106 to read
as follows:
‘‘Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs.’’;

(4) by striking the item relating to the title heading of
title II and inserting the following:
‘‘TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
ABUSE OR NEGLECT’’;

and
(5) by striking the items relating to sections 204 through
210 and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

Save As...

204.
205.
206.
207.
208.
209.

Application.
Local program requirements.
Performance measures.
National network for community-based family resource programs.
Definitions.
Authorization of appropriations.’’.

Save As...

S. 3817—26

TITLE II—FAMILY VIOLENCE
PREVENTION AND SERVICES ACT
SEC. 201. FAMILY VIOLENCE PREVENTION AND SERVICES.

The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended to read as follows:

‘‘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

Save As...

Save As...

S. 3817—27
‘‘(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 SelfDetermination 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.

Save As...

Save As...

S. 3817—28
‘‘(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.

Save As...

Save As...

S. 3817—29
‘‘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

Save As...

Save As...

S. 3817—30
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

Save As...

Save As...

S. 3817—31
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.

Save As...

Save As...

S. 3817—32
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

Save As...

Save As...

S. 3817—33
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 nonFederal 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—

Save As...

Save As...

S. 3817—34
‘‘(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

Save As...

Save As...

S. 3817—35
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 selfhelp 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);

Save As...

Save As...

S. 3817—36
‘‘(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 to bar an abuser from a
shared household or a household of the abused person,
which may include eviction laws or procedures, where
appropriate; 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

Save As...

Save As...

S. 3817—37
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

Save As...

Save As...

S. 3817—38
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 No. 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.

Save As...

Save As...

S. 3817—39
‘‘(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

Save As...

Save As...

S. 3817—40
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.

Save As...

Save As...

S. 3817—41
‘‘(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

Save As...

Save As...

S. 3817—42
‘‘(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—

Save As...

Save As...

S. 3817—43
‘‘(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,

Save As...

Save As...

S. 3817—44
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,

Save As...

Save As...

S. 3817—45
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 communitybased 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);

Save As...

Save As...

S. 3817—46
‘‘(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 1
or more private entities 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.

Save As...

Save As...

S. 3817—47
‘‘(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;
‘‘(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.

Save As...

Save As...

S. 3817—48
‘‘(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 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.

Save As...

Save As...

S. 3817—49
‘‘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 communitybased 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;

Save As...

Save As...

S. 3817—50
‘‘(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;

Save As...

Save As...

S. 3817—51
‘‘(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.’’.
SEC. 202. AMENDMENTS TO OTHER LAWS.

(a) TITLE 11, UNITED STATES CODE.—Section 707(b)(2)(A)(ii)(I)
of title 11, United States Code, is amended in the 4th sentence
by striking ‘‘section 309 of the Family Violence Prevention and
Services Act’’ and inserting ‘‘section 302 of the Family Violence
Prevention and Services Act’’.
(b) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Section
635(c)(2)(G) of the Individuals with Disabilities Education Act (20
U.S.C. 1435(c)(2)(G)) is amended by striking ‘‘section 320 of the
Family Violence Prevention and Services Act’’ and inserting ‘‘section
302 of the Family Violence Prevention and Services Act’’.
(c) OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.—
Section 2001(c)(2)(A) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg(c)(2)(A)) is amended by striking
‘‘through the Family Violence Prevention and Services Act (42
U.S.C. 10410 et seq.)’’ and inserting ‘‘under section 311 of the
Family Violence Prevention and Services Act’’.
(d) VIOLENCE AGAINST WOMEN ACT OF 1994.—Section
40002(a)(26) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)(26)) is amended by striking ‘‘under the Family Violence
Prevention and Services Act (42 U.S.C. 10410(b))’’ and inserting
‘‘under sections 302 and 311 of the Family Violence Prevention
and Services Act’’.
(e) VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF
1994.—The portion of section 310004(d) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14214(d)) that pertains
to the definition of the term ‘‘prevention program’’ is amended—
(1) in paragraph (20), by striking ‘‘section 40211’’ and
inserting ‘‘section 313 of the Family Violence Prevention and
Services Act (relating to a hotline)’’;

Save As...

Save As...

S. 3817—52
(2) in paragraph (22), by striking ‘‘section 40241’’ and
inserting ‘‘sections 301 through 312 of the Family Violence
Prevention and Services Act’’; and
(3) in paragraph (24), by striking ‘‘section 40261’’ and
inserting ‘‘section 314 of the Family Violence Prevention and
Services Act (relating to community projects to prevent family
violence, domestic violence, and dating violence)’’.

TITLE III—CHILD ABUSE PREVENTION
AND TREATMENT AND ADOPTION REFORM ACT OF 1978
SEC. 301. CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
REFORM.

(a) FINDINGS.—Section 201 of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111)
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(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 life-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;

Save As...

Save As...

S. 3817—53
‘‘(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.’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting
‘‘older children, minority children, and’’ after ‘‘particularly’’;
and
(B) by striking paragraph (2) and inserting the following:
‘‘(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’’.
(b) INFORMATION AND SERVICES.—Section 203 of the Child
Abuse Prevention and Treatment and Adoption Reform Act of 1978
(42 U.S.C. 5113) is amended—
(1) in subsection (a), by striking all that follows ‘‘facilitate
the adoption of’’ and inserting ‘‘older children, minority children,
and children with special needs, particularly infants and toddlers with disabilities who have life-threatening conditions, and
services to families considering adoption of children with special
needs.’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ after ‘‘regarding adoption’’
and inserting a comma; and

Save As...

Save As...

S. 3817—54
(ii) by inserting ‘‘, and post-legal adoption services’’
after ‘‘adoption assistance programs’’;
(B) in paragraph (2), by inserting ‘‘, including efforts
to promote the adoption of older children, minority children,
and children with special needs’’ after ‘‘national level’’;
(C) in paragraph (7)—
(i) by striking ‘‘study the efficacy of States contracting with’’ and inserting ‘‘increase the effective use
of’’;
(ii) by striking the comma after ‘‘organizations)’’
and inserting ‘‘by States,’’;
(iii) by inserting a comma after ‘‘institutions’’; and
(iv) by inserting ‘‘, including assisting in efforts
to work with organizations that promote the placement
of older children, minority children, and children with
special needs’’ after ‘‘children for adoption’’;
(D) in paragraph (9)—
(i) in subparagraph (B), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (C), by adding ‘‘and’’ after
the semicolon at the end; and
(iii) by adding at the end the following:
‘‘(D) identify best practices to reduce adoption disruption and termination;’’; and
(E) in paragraph (10)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘tribal child welfare agencies,’’ after ‘‘local
government entities,’’; and
(ii) in subparagraph (A)—
(I) in clause (ii), by inserting ‘‘, including developing and using procedures to notify family and
relatives when a child enters the child welfare
system’’ before the semicolon at the end;
(II) by redesignating clauses (vii) and (viii)
as clauses (viii) and (ix), respectively; and
(III) by inserting after clause (vi) the following:
‘‘(vii) education and training of prospective adoptive or adoptive parents;’’; and
(3) in subsection (d)—
(A) in paragraph (1), by striking the second sentence
and all that follows; and
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in the second sentence, by inserting ‘‘, consistent with the purpose of this title’’ after ‘‘by
the Secretary’’; and
(II) by striking the third sentence and
inserting the following: ‘‘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;

Save As...

Save As...

S. 3817—55
‘‘(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).’’;
(ii) in subparagraph (B)(i), by inserting ‘‘older children, minority children, and’’ after ‘‘successful placement of’’; and
(iii) by adding at the end the following:
‘‘(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.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 205 of the
Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (42 U.S.C. 5115) is amended—
(1) in subsection (a)—
(A) by striking ‘‘2004’’ and inserting ‘‘2010’’; and
(B) by striking ‘‘2005 through 2008’’ and inserting
‘‘2011 through 2015’’;
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
‘‘(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.’’.

TITLE IV—ABANDONED INFANTS
ASSISTANCE ACT OF 1988
SEC. 401. ABANDONED INFANTS ASSISTANCE.

(a) FINDINGS.—Section 2 of the Abandoned Infants Assistance
Act of 1988 (42 U.S.C. 5117aa) is amended—
(1) in paragraph (4), by striking ‘‘including those’’ and
all that follows through ‘‘ ‘AIDS’)’’ and inserting ‘‘including those
with HIV/AIDS’’; and
(2) in paragraph (5), by striking ‘‘acquired immune deficiency syndrome’’ and inserting ‘‘HIV/AIDS’’.
(b) REPEAL.—Title II of the Abandoned Infants Assistance Act
of 1988 (Public Law 100–505; 102 Stat. 2536) is repealed.
(c) DEFINITIONS.—Section 301 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 5117aa–21) is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 302 of the
Abandoned Infants Assistance Act of 1988 (42 U.S.C. 5117aa–22)
is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘2004’’ and inserting ‘‘2010’’; and
(B) by striking ‘‘2005 through 2008’’ and inserting
‘‘2011 through 2015’’; and

Save As...

Save As...

S. 3817—56
(2) in subsection (b)(2), by striking ‘‘fiscal year 2003’’ and
inserting ‘‘fiscal year 2010’’.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

Save As...


File Typeapplication/pdf
File TitleC:\DOCUME~1\CB4710~1.SEC\LOCALS~1\Temp\S3817enr
File Modified2010-12-14
File Created2010-12-14

© 2024 OMB.report | Privacy Policy