PUBLIC LAW 108–36—JUNE 25, 2003

KEEPING CHILDREN AND FAMILIES SAFE

ACT OF 2003

117 STAT. 800 PUBLIC LAW 108–36—JUNE 25, 2003

Public Law 108–36

108th Congress

An Act

To amend the Child Abuse Prevention and Treatment Act to make improvements

to and reauthorize programs under that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Keeping Children and Families Safe Act of 2003’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 101. Findings.

Subtitle A—General Program

Sec. 111. National clearinghouse for information relating to child abuse.

Sec. 112. Research and assistance activities and demonstrations.

Sec. 113. Grants to States and public or private agencies and organizations.

Sec. 114. Grants to States for child abuse and neglect prevention and treatment

programs.

Sec. 115. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases.

Sec. 116. Miscellaneous requirements relating to assistance.

Sec. 117. Authorization of appropriations.

Sec. 118. Reports.

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

Sec. 121. Purpose and authority.

Sec. 122. Eligibility.

Sec. 123. Amount of grant.

Sec. 124. Existing grants.

Sec. 125. Application.

Sec. 126. Local program requirements.

Sec. 127. Performance measures.

Sec. 128. National network for community-based family resource programs.

Sec. 129. Definitions.

Sec. 130. Authorization of appropriations.

Subtitle C—Conforming Amendments

Sec. 141. Conforming amendments.

TITLE II—ADOPTION OPPORTUNITIES

Sec. 201. Congressional findings and declaration of purpose.

Sec. 202. Information and services.

Sec. 203. Study of adoption placements.

Sec. 204. Studies on successful adoptions.

Sec. 205. Authorization of appropriations.

TITLE III—ABANDONED INFANTS ASSISTANCE

Sec. 301. Findings.

42 USC 5101

note.

Keeping Children

and Families

Safe Act of 2003.

June 25, 2003

[S. 342]

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 801

Sec. 302. Establishment of local projects.

Sec. 303. Evaluations, study, and reports by Secretary.

Sec. 304. Authorization of appropriations.

Sec. 305. Definitions.

Sec. 306. Conforming amendment.

TITLE IV—FAMILY VIOLENCE PREVENTION AND SERVICES ACT

Sec. 401. State demonstration grants.

Sec. 402. Secretarial responsibilities.

Sec. 403. Evaluation.

Sec. 404. Information and technical assistance centers.

Sec. 405. Related assistance.

Sec. 406. Authorization of appropriations.

Sec. 407. Grants for State domestic violence coalitions.

Sec. 408. Evaluation and monitoring.

Sec. 409. Family member abuse information and documentation project.

Sec. 410. Model State leadership grants.

Sec. 411. National domestic violence hotline and internet grant.

Sec. 412. Youth education and domestic violence.

Sec. 413. Demonstration grants for community initiatives.

Sec. 414. Transitional housing assistance.

Sec. 415. Technical and conforming amendments.

Sec. 416. Conforming amendment to another Act.

TITLE I—CHILD ABUSE PREVENTION

AND TREATMENT ACT

SEC. 101. FINDINGS.

Section 2 of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5101 note) is amended—

(1) in paragraph (1), by striking ‘‘close to 1,000,000’’ and

inserting ‘‘approximately 900,000’’;

(2) by redesignating paragraphs (2) through (11) as paragraphs (4) through (13), respectively;

(3) by inserting after paragraph (1) the following:

‘‘(2)(A) more children suffer neglect than any other form

of maltreatment; and

‘‘(B) investigations have determined that approximately 60

percent of children who were victims of maltreatment in 2001

suffered neglect, 19 percent suffered physical abuse, 10 percent

suffered sexual abuse, and 7 percent suffered emotional maltreatment;

‘‘(3)(A) child abuse can result in the death of a child;

‘‘(B) in 2001, an estimated 1,300 children were counted

by child protection services to have died as a result of abuse

or neglect; and

‘‘(C) children younger than 1 year old comprised 41 percent

of child abuse fatalities and 85 percent of child abuse fatalities

were younger than 6 years of age;’’;

(4) by striking paragraph (4) (as so redesignated), and

inserting the following:

‘‘(4)(A) many of these children and their families fail to

receive adequate protection and treatment; and

‘‘(B) slightly less than half of these children (42 percent

in 2001) and their families fail to receive adequate protection

or treatment;’’;

(5) in paragraph (5) (as so redesignated)—

(A) in subparagraph (A), by striking ‘‘organizations’’

and inserting ‘‘community-based organizations’’;

117 STAT. 802 PUBLIC LAW 108–36—JUNE 25, 2003

(B) in subparagraph (D), by striking ‘‘ensures’’ and

all that follows through ‘‘knowledge,’’ and inserting ‘‘recognizes the need for properly trained staff with the qualifications needed’’; and

(C) in subparagraph (E), by inserting before the semicolon the following: ‘‘, which may impact child rearing

patterns, while at the same time, not allowing those differences to enable abuse’’;

(6) in paragraph (7) (as so redesignated), by striking ‘‘this

national child and family emergency’’ and inserting ‘‘child abuse

and neglect’’; and

(7) in paragraph (9) (as so redesignated)—

(A) by striking ‘‘intensive’’ and inserting ‘‘needed’’; and

(B) by striking ‘‘if removal has taken place’’ and

inserting ‘‘where appropriate’’.

Subtitle A—General Program

SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING

TO CHILD ABUSE.

(a) FUNCTIONS.—Section 103(b) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5104(b)) is amended—

(1) in paragraph (1), by striking ‘‘all programs,’’ and all

that follows through ‘‘neglect; and’’ and inserting ‘‘all effective

programs, including private and community-based programs,

that show promise of success with respect to the prevention,

assessment, identification, and treatment of child abuse and

neglect and hold the potential for broad scale implementation

and replication;’’;

(2) in paragraph (2), by striking the period and inserting

a semicolon;

(3) by redesignating paragraph (2) as paragraph (3);

(4) by inserting after paragraph (1) the following:

‘‘(2) maintain information about the best practices used

for achieving improvements in child protective systems;’’; and

(5) by adding at the end the following:

‘‘(4) provide technical assistance upon request that may

include an evaluation or identification of—

‘‘(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and

sexual abuse cases;

‘‘(B) ways to mitigate psychological trauma to the child

victim; and

‘‘(C) effective programs carried out by the States under

this Act; and

‘‘(5) collect and disseminate information relating to various

training resources available at the State and local level to—

‘‘(A) individuals who are engaged, or who intend to

engage, in the prevention, identification, and treatment

of child abuse and neglect; and

‘‘(B) appropriate State and local officials to assist in

training law enforcement, legal, judicial, medical, mental

health, education, and child welfare personnel.’’.

(b) COORDINATION WITH AVAILABLE RESOURCES.—Section

103(c)(1) of the Child Abuse Prevention and Treatment Act (42

U.S.C. 5104(c)(1)) is amended—

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 803

(1) in subparagraph (E), by striking ‘‘105(a); and’’ and

inserting ‘‘104(a);’’;

(2) by redesignating subparagraph (F) as subparagraph

(G); and

(3) by inserting after subparagraph (E) the following:

‘‘(F) collect and disseminate information that describes

best practices being used throughout the Nation for making

appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of abused

and neglected children; and’’.

SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.

(a) RESEARCH.—Section 104(a) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5105(a)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), in the

first sentence, by inserting ‘‘, including longitudinal

research,’’ after ‘‘interdisciplinary program of research’’;

and

(B) in subparagraph (B), by inserting before the semicolon the following: ‘‘, including the effects of abuse and

neglect on a child’s development and the identification

of successful early intervention services or other services

that are needed’’;

(C) in subparagraph (C)—

(i) by striking ‘‘judicial procedures’’ and inserting

‘‘judicial systems, including multidisciplinary, coordinated decisionmaking procedures’’; and

(ii) by striking ‘‘and’’ at the end; and

(D) in subparagraph (D)—

(i) in clause (viii), by striking ‘‘and’’ at the end;

(ii) by redesignating clause (ix) as clause (x); and

(iii) by inserting after clause (viii), the following:

‘‘(ix) the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household

relationship (including the living arrangement of the

resident parent and family size), school enrollment and

education attainment, disability, grandparents as caregivers, labor force status, work status in previous year,

and income in previous year; and’’;

(E) by redesignating subparagraph (D) as subparagraph (I); and

(F) by inserting after subparagraph (C), the following:

‘‘(D) the evaluation and dissemination of best practices

consistent with the goals of achieving improvements in

the child protective services systems of the States in accordance with paragraphs (1) through (12) of section 106(a);

‘‘(E) effective approaches to interagency collaboration

between the child protection system and the juvenile justice

system that improve the delivery of services and treatment,

including methods for continuity of treatment plan and

services as children transition between systems;

‘‘(F) an evaluation of the redundancies and gaps in

the services in the field of child abuse and neglect prevention in order to make better use of resources;

117 STAT. 804 PUBLIC LAW 108–36—JUNE 25, 2003

‘‘(G) the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low

income children who need health services, including mental

health services;

‘‘(H) the information on the national incidence of child

abuse and neglect specified in clauses (i) through (xi) of

subparagraph (H); and’’;

(2) in paragraph (2), by striking subparagraph (B) and

inserting the following:

‘‘(B) Not later than 2 years after the date of enactment

of the Keeping Children and Families Safe Act of 2003,

and every 2 years thereafter, the Secretary shall provide

an opportunity for public comment concerning the priorities

proposed under subparagraph (A) and maintain an official

record of such public comment.’’;

(3) by redesignating paragraph (2) as paragraph (4);

(4) by inserting after paragraph (1) the following:

‘‘(2) RESEARCH.—The Secretary shall conduct research on

the national incidence of child abuse and neglect, including

the information on the national incidence on child abuse and

neglect specified in subparagraphs (i) through (ix) of paragraph

(1)(I).

‘‘(3) REPORT.—Not later than 4 years after the date of

the enactment of the Keeping Children and Families Safe Act

of 2003, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor

and Pensions of the Senate a report that contains the results

of the research conducted under paragraph (2).’’.

(b) PROVISION OF TECHNICAL ASSISTANCE.—Section 104(b) of

the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(b))

is amended—

(1) in paragraph (1)—

(A) by striking ‘‘nonprofit private agencies and’’ and

inserting ‘‘private agencies and community-based’’; and

(B) by inserting ‘‘, including replicating successful program models,’’ after ‘‘programs and activities’’; and

(2) in paragraph (2)—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(D) effective approaches being utilized to link child

protective service agencies with health care, mental health

care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages

to such linkages.’’.

(c) DEMONSTRATION PROGRAMS AND PROJECTS.—Section 104 of

the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105)

is amended by adding at the end the following:

‘‘(e) DEMONSTRATION PROGRAMS AND PROJECTS.—The Secretary

may award grants to, and enter into contracts with, States or

public or private agencies or organizations (or combinations of such

agencies or organizations) for time-limited, demonstration projects

for the following:

‘‘(1) PROMOTION OF SAFE, FAMILY-FRIENDLY PHYSICAL

ENVIRONMENTS FOR VISITATION AND EXCHANGE.—The Secretary

Deadline.

Deadline.

Records.

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 805

may award grants under this subsection to entities to assist

such entities in establishing and operating safe, family-friendly

physical environments—

‘‘(A) for court-ordered, supervised visitation between

children and abusing parents; and

‘‘(B) to safely facilitate the exchange of children for

visits with noncustodial parents in cases of domestic

violence.

‘‘(2) EDUCATION IDENTIFICATION, PREVENTION, AND TREATMENT.—The Secretary may award grants under this subsection

to entities for projects that provide educational identification,

prevention, and treatment services in cooperation with preschool and elementary and secondary schools.

‘‘(3) RISK AND SAFETY ASSESSMENT TOOLS.—The Secretary

may award grants under this subsection to entities for projects

that provide for the development of research-based strategies

for risk and safety assessments relating to child abuse and

neglect.

‘‘(4) TRAINING.—The Secretary may award grants under

this subsection to entities for projects that involve researchbased strategies for innovative training for mandated child

abuse and neglect reporters.’’.

SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES

AND ORGANIZATIONS.

(a) DEMONSTRATION PROGRAMS AND PROJECTS.—Section 105(a)

of the Child Abuse Prevention and Treatment Act (42 U.S.C.

5106(a)) is amended—

(1) in the subsection heading, by striking ‘‘DEMONSTRATION’’

and inserting ‘‘GRANTS FOR’’;

(2) in the matter preceding paragraph (1)—

(A) by inserting ‘‘States,’’ after ‘‘contracts with,’’;

(B) by striking ‘‘nonprofit’’; and

(C) by striking ‘‘time limited, demonstration’’;

(3) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘nonprofit’’;

(B) in subparagraph (A), by striking ‘‘law, education,

social work, and other relevant fields’’ and inserting ‘‘law

enforcement, judiciary, social work and child protection,

education, and other relevant fields, or individuals such

as court appointed special advocates (CASAs) and guardian

ad litem,’’;

(C) in subparagraph (B), by striking ‘‘nonprofit’’ and

all that follows through ‘‘; and’’ and inserting ‘‘children,

youth and family service organizations in order to prevent

child abuse and neglect;’’;

(D) in subparagraph (C), by striking the period and

inserting a semicolon; and

(E) by adding at the end the following:

‘‘(D) for training to support the enhancement of linkages between child protective service agencies and health

care agencies, including physical and mental health services, to improve forensic diagnosis and health evaluations

and for innovative partnerships between child protective

service agencies and health care agencies that offer creative

117 STAT. 806 PUBLIC LAW 108–36—JUNE 25, 2003

approaches to using existing Federal, State, local, and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of

child abuse or neglect;

‘‘(E) for the training of personnel in best practices

to promote collaboration with the families from the initial

time of contact during the investigation through treatment;

‘‘(F) for the training of personnel regarding the legal

duties of such personnel and their responsibilities to protect

the legal rights of children and families;

‘‘(G) for improving the training of supervisory and nonsupervisory child welfare workers;

‘‘(H) for enabling State child welfare agencies to coordinate the provision of services with State and local health

care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, and other public

and private welfare agencies to promote child safety,

permanence, and family stability;

‘‘(I) for cross training for child protective service

workers in research-based strategies for recognizing situations of substance abuse, domestic violence, and neglect;

and

‘‘(J) for developing, implementing, or operating

information and education programs or training programs

designed to improve the provision of services to disabled

infants with life-threatening conditions for—

‘‘(i) professionals and paraprofessional personnel

concerned with the welfare of disabled infants with

life-threatening conditions, including personnel

employed in child protective services programs and

health care facilities; and

‘‘(ii) the parents of such infants.’’;

(4) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively;

(5) by inserting after paragraph (1), the following:

‘‘(2) TRIAGE PROCEDURES.—The Secretary may award

grants under this subsection to public and private agencies

that demonstrate innovation in responding to reports of child

abuse and neglect, including programs of collaborative partnerships between the State child protective services agency,

community social service agencies and family support programs,

law enforcement agencies, developmental disability agencies,

substance abuse treatment entities, health care entities,

domestic violence prevention entities, mental health service

entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system

that—

‘‘(A) accepts, screens, and assesses reports received

to determine which such reports require an intensive intervention and which require voluntary referral to another

agency, program, or project;

‘‘(B) provides, either directly or through referral, a

variety of community-linked services to assist families in

preventing child abuse and neglect; and

‘‘(C) provides further investigation and intensive intervention where the child’s safety is in jeopardy.’’;

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 807

(6) in paragraph (3) (as so redesignated), by striking ‘‘nonprofit organizations (such as Parents Anonymous)’’ and

inserting ‘‘organizations’’;

(7) in paragraph (4) (as so redesignated)—

(A) by striking the paragraph heading;

(B) by striking subparagraphs (A) and (C); and

(C) in subparagraph (B)—

(i) by striking ‘‘(B) KINSHIPCARE.—’’ and inserting

the following:

‘‘(4) KINSHIP CARE.—

‘‘(A) IN GENERAL.—’’; and

(ii) by striking ‘‘nonprofit’’; and

(8) by adding at the end the following:

‘‘(5) LINKAGES BETWEEN CHILD PROTECTIVE SERVICE AGENCIES AND PUBLIC HEALTH, MENTAL HEALTH, AND DEVELOPMENTAL

DISABILITIES AGENCIES.—The Secretary may award grants to

entities that provide linkages between State or local child

protective service agencies and public health, mental health,

and developmental disabilities agencies, for the purpose of

establishing linkages that are designed to help assure that

a greater number of substantiated victims of child maltreatment

have their physical health, mental health, and developmental

needs appropriately diagnosed and treated, in accordance with

all applicable Federal and State privacy laws.’’.

(b) DISCRETIONARY GRANTS.—Section 105(b) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’;

(2) by striking paragraph (1);

(3) by redesignating paragraphs (2) and (3) as paragraphs

(1) and (2), respectively;

(4) by inserting after paragraph (2) (as so redesignated),

the following:

‘‘(3) Programs based within children’s hospitals or other

pediatric and adolescent care facilities, that provide model

approaches for improving medical diagnosis of child abuse and

neglect and for health evaluations of children for whom a

report of maltreatment has been substantiated.’’; and

(5) in paragraph (4)(D), by striking ‘‘nonprofit’’.

(c) EVALUATION.—Section 105(c) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5106(c)) is amended—

(1) in the first sentence, by striking ‘‘demonstration’’;

(2) in the second sentence, by inserting ‘‘or contract’’ after

‘‘or as a separate grant’’; and

(3) by adding at the end the following: ‘‘In the case of

an evaluation performed by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use of a rigorous application

of scientific evaluation techniques.’’.

(d) TECHNICAL AMENDMENT TO HEADING.—The section heading

for section 105 of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5106) is amended to read as follows:

117 STAT. 808 PUBLIC LAW 108–36—JUNE 25, 2003

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

AND ORGANIZATIONS.’’.

SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT

PREVENTION AND TREATMENT PROGRAMS.

(a) DEVELOPMENT AND OPERATION GRANTS.—Section 106(a) of

the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a))

is amended—

(1) in paragraph (3)—

(A) by inserting ‘‘, including ongoing case monitoring,’’

after ‘‘case management’’; and

(B) by inserting ‘‘and treatment’’ after ‘‘and delivery

of services’’;

(2) in paragraph (4), by striking ‘‘improving’’ and all that

follows through ‘‘referral systems’’ and inserting ‘‘developing,

improving, and implementing risk and safety assessment tools

and protocols’’;

(3) by striking paragraph (7);

(4) by redesignating paragraphs (5), (6), (8), and (9) as

paragraphs (6), (8), (9), and (12), respectively;

(5) by inserting after paragraph (4), the following:

‘‘(5) developing and updating systems of technology that

support the program and track reports of child abuse and

neglect from intake through final disposition and allow interstate and intrastate information exchange;’’;

(6) in paragraph (6) (as so redesignated), by striking

‘‘opportunities’’ and all that follows through ‘‘system’’ and

inserting ‘‘including—

‘‘(A) training regarding research-based strategies to

promote collaboration with the families;

‘‘(B) training regarding the legal duties of such individuals; and

‘‘(C) personal safety training for case workers;’’;

(7) by inserting after paragraph (6) (as so redesignated)

the following:

‘‘(7) improving the skills, qualifications, and availability

of individuals providing services to children and families, and

the supervisors of such individuals, through the child protection

system, including improvements in the recruitment and retention of caseworkers;’’;

(8) by striking paragraph (9) (as so redesignated), and

inserting the following:

‘‘(9) developing and facilitating research-based strategies

for training for individuals mandated to report child abuse

or neglect;

‘‘(10) developing, implementing, or operating programs to

assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions,

including—

‘‘(A) existing social and health services;

‘‘(B) financial assistance; and

‘‘(C) services necessary to facilitate adoptive placement

of any such infants who have been relinquished for adoption;

‘‘(11) developing and delivering information to improve

public education relating to the role and responsibilities of

the child protection system and the nature and basis for

reporting suspected incidents of child abuse and neglect;’’;

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 809

(9) in paragraph (12) (as so redesignated), by striking the

period and inserting a semicolon; and

(10) by adding at the end the following:

‘‘(13) supporting and enhancing interagency collaboration

between the child protection system and the juvenile justice

system for improved delivery of services and treatment,

including methods for continuity of treatment plan and services

as children transition between systems; or

‘‘(14) supporting and enhancing collaboration among public

health agencies, the child protection system, and private

community-based programs to provide child abuse and neglect

prevention and treatment services (including linkages with education systems) and to address the health needs, including

mental health needs, of children identified as abused or

neglected, including supporting prompt, comprehensive health

and developmental evaluations for children who are the subject

of substantiated child maltreatment reports.’’.

(b) ELIGIBILITY REQUIREMENTS.—

(1) IN GENERAL.—Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended—

(A) in paragraph (1)(B)—

(i) by striking ‘‘provide notice to the Secretary

of any substantive changes’’ and inserting the following: ‘‘provide notice to the Secretary—

‘‘(i) of any substantive changes; and’’;

(ii) by striking the period and inserting ‘‘; and’’;

and

(iii) by adding at the end the following:

‘‘(ii) any significant changes to how funds provided

under this section are used to support the activities

which may differ from the activities as described in

the current State application.’’;

(B) in paragraph (2)(A)—

(i) by redesignating clauses (ii), (iii), (iv), (v), (vi),

(vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses

(iv), (vi), (vii), (viii), (x), (xi), (xii), (xiii), (xiv), (xv),

(xvi) and (xvii), respectively;

(ii) by inserting after clause (i), the following:

‘‘(ii) policies and procedures (including appropriate

referrals to child protection service systems and for

other appropriate services) to address the needs of

infants born and identified as being affected by illegal

substance abuse or withdrawal symptoms resulting

from prenatal drug exposure, including a requirement

that health care providers involved in the delivery

or care of such infants notify the child protective services system of the occurrence of such condition in such

infants, except that such notification shall not be construed to—

‘‘(I) establish a definition under Federal law

of what constitutes child abuse; or

‘‘(II) require prosecution for any illegal action;

‘‘(iii) the development of a plan of safe care for

the infant born and identified as being affected by

illegal substance abuse or withdrawal symptoms;’’;

(iii) in clause (iv) (as so redesignated), by inserting

‘‘risk and’’ before ‘‘safety’’;

117 STAT. 810 PUBLIC LAW 108–36—JUNE 25, 2003

(iv) by inserting after clause (iv) (as so redesignated), the following:

‘‘(v) triage procedures for the appropriate referral

of a child not at risk of imminent harm to a community

organization or voluntary preventive service;’’;

(v) in clause (viii)(II) (as so redesignated), by

striking ‘‘, having a need for such information in order

to carry out its responsibilities under law to protect

children from abuse and neglect’’ and inserting ‘‘, as

described in clause (ix)’’;

(vi) by inserting after clause (viii) (as so redesignated), the following:

‘‘(ix) provisions to require a State to disclose confidential information to any Federal, State, or local

government entity, or any agent of such entity, that

has a need for such information in order to carry

out its responsibilities under law to protect children

from abuse and neglect;’’;

(vii) in clause (xiii) (as so redesignated)—

(I) by inserting ‘‘who has received training

appropriate to the role, and’’ after ‘‘guardian ad

litem,’’; and

(II) by inserting ‘‘who has received training

appropriate to that role’’ after ‘‘advocate’’;

(viii) in clause (xv) (as so redesignated), by striking

‘‘to be effective not later than 2 years after the date

of enactment of this section’’;

(ix) in clause (xvi) (as so redesignated)—

(I) by striking ‘‘to be effective not later than

2 years after the date of enactment of this section’’;

and

(II) by striking ‘‘and’’ at the end;

(x) in clause (xvii) (as so redesignated), by striking

‘‘clause (xii)’’ each place that such appears and

inserting ‘‘clause (xvi)’’; and

(xi) by adding at the end the following:

‘‘(xviii) provisions and procedures to require that

a representative of the child protective services agency

shall, at the initial time of contact with the individual

subject to a child abuse and neglect investigation,

advise the individual of the complaints or allegations

made against the individual, in a manner that is consistent with laws protecting the rights of the informant;

‘‘(xix) provisions addressing the training of representatives of the child protective services system

regarding the legal duties of the representatives, which

may consist of various methods of informing such representatives of such duties, in order to protect the

legal rights and safety of children and families from

the initial time of contact during investigation through

treatment;

‘‘(xx) provisions and procedures for improving the

training, retention, and supervision of caseworkers;

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 811

‘‘(xxi) provisions and procedures for referral of a

child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals

with Disabilities Education Act; and

‘‘(xxii) not later than 2 years after the date of

enactment of the Keeping Children and Families Safe

Act of 2003, provisions and procedures for requiring

criminal background record checks for prospective

foster and adoptive parents and other adult relatives

and non-relatives residing in the household;’’; and

(C) in paragraph (2), by adding at the end the following

flush sentence:

‘‘Nothing in subparagraph (A) shall be construed to limit the

State’s flexibility to determine State policies relating to public

access to court proceedings to determine child abuse and

neglect, except that such policies shall, at a minimum, ensure

the safety and well-being of the child, parents, and families.’’.

(2) LIMITATION.—Section 106(b)(3) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is

amended by striking ‘‘With regard to clauses (v) and (vi) of

paragraph (2)(A)’’ and inserting ‘‘With regard to clauses (vi)

and (vii) of paragraph (2)(A)’’.

(c) CITIZEN REVIEW PANELS.—Section 106(c) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended—

(1) in paragraph (4)—

(A) in subparagraph (A)—

(i) in the matter preceding clause (i)—

(I) by striking ‘‘and procedures’’ and inserting

‘‘, procedures, and practices’’; and

(II) by striking ‘‘the agencies’’ and inserting

‘‘State and local child protection system agencies’’;

and

(ii) in clause (iii)(I), by striking ‘‘State’’ and

inserting ‘‘State and local’’; and

(B) by adding at the end the following:

‘‘(C) PUBLIC OUTREACH.—Each panel shall provide for

public outreach and comment in order to assess the impact

of current procedures and practices upon children and families in the community and in order to meet its obligations

under subparagraph (A).’’; and

(2) in paragraph (6)—

(A) by striking ‘‘public’’ and inserting ‘‘State and the

public’’; and

(B) by inserting before the period the following: ‘‘and

recommendations to improve the child protection services

system at the State and local levels. Not later than 6

months after the date on which a report is submitted

by the panel to the State, the appropriate State agency

shall submit a written response to State and local child

protection systems and the citizen review panel that

describes whether or how the State will incorporate the

recommendations of such panel (where appropriate) to

make measurable progress in improving the State and

local child protective system’’.

Deadline.

Deadline.

117 STAT. 812 PUBLIC LAW 108–36—JUNE 25, 2003

(d) ANNUAL STATE DATA REPORTS.—Section 106(d) of the Child

Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is

amended by adding at the end the following:

‘‘(13) The annual report containing the summary of the

activities of the citizen review panels of the State required

by subsection (c)(6).

‘‘(14) The number of children under the care of the State

child protection system who are transferred into the custody

of the State juvenile justice system.’’.

(e) REPORT.—Not later than 2 years after the date of enactment

of this Act, the Secretary of Health and Human Services shall

prepare and submit to Congress a report that describes the extent

to which States are implementing the policies and procedures

required under section 106(b)(2)(B)(ii) of the Child Abuse Prevention

and Treatment Act.

SEC. 115. GRANTS TO STATES FOR PROGRAMS RELATING TO THE

INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND

NEGLECT CASES.

Section 107(a) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106c(a)) is amended—

(1) in paragraph (2), by striking ‘‘and’’ at the end;

(2) in paragraph (3), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(4) the handling of cases involving children with disabilities or serious health-related problems who are victims of

abuse or neglect.’’.

SEC. 116. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

Section 108 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106d) is amended by adding at the end the following:

‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary should encourage all States and public and private

agencies or organizations that receive assistance under this title

to ensure that children and families with limited English proficiency

who participate in programs under this title are provided materials

and services under such programs in an appropriate language other

than English.

‘‘(e) ANNUAL REPORT.—A State that receives funds under section

106(a) shall annually prepare and submit to the Secretary a report

describing the manner in which funds provided under this Act,

alone or in combination with other Federal funds, were used to

address the purposes and achieve the objectives of section 106.’’.

SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUTHORIZATION.—Section 112(a)(1) of the Child

Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is

amended to read as follows:

‘‘(1) GENERAL AUTHORIZATION.—There are authorized to be

appropriated to carry out this title $120,000,000 for fiscal year

2004 and such sums as may be necessary for each of the

fiscal years 2005 through 2008.’’.

(b) DEMONSTRATION PROJECTS.—Section 112(a)(2)(B) of the

Child Abuse Prevention and Treatment Act (42 U.S.C.

5106h(a)(2)(B)) is amended—

Deadline.

42 USC 5106a

note.

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 813

(1) by striking ‘‘Secretary make’’ and inserting ‘‘Secretary

shall make’’; and

(2) by striking ‘‘section 106’’ and inserting ‘‘section 104’’.

SEC. 118. REPORTS.

Section 110 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106f) is amended by adding at the end the following:

‘‘(c) STUDY AND REPORT RELATING TO CITIZEN REVIEW

PANELS.—

‘‘(1) STUDY.—The Secretary shall conduct a study by

random sample of the effectiveness of the citizen review panels

established under section 106(c).

‘‘(2) REPORT.—Not later than 3 years after the date of

enactment of the Keeping Children and Families Safe Act of

2003, the Secretary shall submit to the Committee on Education

and the Workforce of the House of Representatives and the

Committee on Health, Education, Labor, and Pensions of the

Senate a report that contains the results of the study conducted

under paragraph (1).’’.

Subtitle B—Community-Based Grants for

the Prevention of Child Abuse

SEC. 121. PURPOSE AND AUTHORITY.

(a) PURPOSE.—Section 201(a)(1) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5116(a)(1)) is amended to read as

follows:

‘‘(1) to support community-based efforts to develop, operate,

expand, enhance, and, where appropriate to network, initiatives

aimed at the prevention of child abuse and neglect, and to

support networks of coordinated resources and activities to

better strengthen and support families to reduce the likelihood

of child abuse and neglect; and’’.

(b) AUTHORITY.—Section 201(b) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5116(b)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A) by

striking ‘‘Statewide’’ and all that follows through the dash,

and inserting ‘‘community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect (through networks where appropriate) that are accessible, effective, culturally appropriate, and build upon existing strengths

that—’’;

(B) in subparagraph (F), by striking ‘‘and’’ at the end;

and

(C) by striking subparagraph (G) and inserting the

following:

‘‘(G) demonstrate a commitment to meaningful parent

leadership, including among parents of children with

disabilities, parents with disabilities, racial and ethnic

minorities, and members of other underrepresented or

underserved groups; and

‘‘(H) provide referrals to early health and developmental services;’’; and

(2) in paragraph (4)—

Deadline.

117 STAT. 814 PUBLIC LAW 108–36—JUNE 25, 2003

(A) by inserting ‘‘through leveraging of funds’’ after

‘‘maximizing funding’’;

(B) by striking ‘‘a Statewide network of communitybased, prevention-focused’’ and inserting ‘‘community-based

and prevention-focused’’; and

(C) by striking ‘‘family resource and support program’’

and inserting ‘‘programs and activities designed to

strengthen and support families to prevent child abuse

and neglect (through networks where appropriate)’’.

(c) TECHNICAL AMENDMENT TO TITLE HEADING.—Title II of

the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116)

is amended by striking the heading for such title and inserting

the following:

‘‘TITLE II—COMMUNITY–BASED GRANTS

FOR THE PREVENTION OF CHILD

ABUSE AND NEGLECT’’.

SEC. 122. ELIGIBILITY.

Section 202 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116a) is amended—

(1) in paragraph (1)—

(A) in subparagraph (A)—

(i) by striking ‘‘a Statewide network of communitybased, prevention-focused’’ and inserting ‘‘communitybased and prevention-focused’’; and

(ii) by striking ‘‘family resource and support programs’’ and all that follows through the semicolon and

inserting ‘‘programs and activities designed to

strengthen and support families to prevent child abuse

and neglect (through networks where appropriate);’’

(B) in subparagraph (B), by inserting ‘‘that exists to

strengthen and support families to prevent child abuse

and neglect’’ after ‘‘written authority of the State)’’;

(2) in paragraph (2)—

(A) in subparagraph (A), by striking ‘‘a network of

community-based family resource and support programs’’

and inserting ‘‘community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect (through networks where appropriate)’’;

(B) in subparagraph (B)—

(i) by striking ‘‘to the network’’; and

(ii) by inserting ‘‘, and parents with disabilities’’

before the semicolon;

(C) in subparagraph (C), by striking ‘‘to the network’’;

and

(3) in paragraph (3)—

(A) in subparagraph (A), by striking ‘‘Statewide network of community-based, prevention-focused, family

resource and support programs’’ and inserting ‘‘communitybased and prevention-focused programs and activities

designed to strengthen and support families to prevent

child abuse and neglect (through networks where appropriate)’’;

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 815

(B) in subparagraph (B), by striking ‘‘Statewide network of community-based, prevention-focused, family

resource and support programs’’ and inserting ‘‘communitybased and prevention-focused programs and activities

designed to strengthen and support families to prevent

child abuse and neglect (through networks where appropriate)’’;

(C) in subparagraph (C), by striking ‘‘and training and

technical assistance, to the Statewide network of community-based, prevention-focused, family resource and support

programs’’ and inserting ‘‘training, technical assistance,

and evaluation assistance, to community-based and prevention-focused programs and activities designed to strengthen

and support families to prevent child abuse and neglect

(through networks where appropriate)’’; and

(D) in subparagraph (D), by inserting ‘‘, parents with

disabilities,’’ after ‘‘children with disabilities’’.

SEC. 123. AMOUNT OF GRANT.

Section 203 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116b) is amended—

(1) in subsection (b)(1)(B)—

(A) by striking ‘‘as the amount leveraged by the State

from private, State, or other non-Federal sources and

directed through the’’ and inserting ‘‘as the amount of

private, State or other non-Federal funds leveraged and

directed through the currently designated’’;

(B) by striking ‘‘State lead agency’’ and inserting ‘‘State

lead entity’’; and

(C) by striking ‘‘the lead agency’’ and inserting ‘‘the

current lead entity’’; and

(2) in subsection (c)(2), by striking ‘‘subsection (a)’’ and

inserting ‘‘subsection (b)’’.

SEC. 124. EXISTING GRANTS.

Section 204 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5115c) is repealed.

SEC. 125. APPLICATION.

Section 205 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116d) is amended—

(1) in paragraph (1), by striking ‘‘Statewide network of

community-based, prevention-focused, family resource and support programs’’ and inserting ‘‘community-based and prevention-focused programs and activities designed to strengthen

and support families to prevent child abuse and neglect

(through networks where appropriate)’’;

(2) in paragraph (2)—

(A) by striking ‘‘network of community-based, prevention-focused, family resource and support programs’’ and

inserting ‘‘community-based and prevention-focused programs and activities designed to strengthen and support

families to prevent child abuse and neglect (through networks where appropriate)’’; and

(B) by striking ‘‘, including those funded by programs

consolidated under this Act,’’;

(3) by striking paragraph (3), and inserting the following:

42 USC 5116c.

117 STAT. 816 PUBLIC LAW 108–36—JUNE 25, 2003

‘‘(3) a description of the inventory of current unmet needs

and current community-based and prevention-focused programs

and activities to prevent child abuse and neglect, and other

family resource services operating in the State;’’;

(4) in paragraph (4), by striking ‘‘State’s network of community-based, prevention-focused, family resource and support programs’’ and inserting ‘‘community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect’’;

(5) in paragraph (5), by striking ‘‘Statewide network of

community-based, prevention-focused, family resource and support programs’’ and inserting ‘‘start up, maintenance, expansion, and redesign of community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect’’;

(6) in paragraph (7), by striking ‘‘individual communitybased, prevention-focused, family resource and support programs’’ and inserting ‘‘community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect’’;

(7) in paragraph (8), by striking ‘‘community-based, prevention-focused, family resource and support programs’’ and

inserting ‘‘community-based and prevention-focused programs

and activities designed to strengthen and support families to

prevent child abuse and neglect’’;

(8) in paragraph (9), by striking ‘‘community-based, prevention-focused, family resource and support programs’’ and

inserting ‘‘community-based and prevention-focused programs

and activities designed to strengthen and support families to

prevent child abuse and neglect’’;

(9) in paragraph (10), by inserting ‘‘(where appropriate)’’

after ‘‘members’’;

(10) in paragraph (11), by striking ‘‘prevention-focused,

family resource and support program’’ and inserting ‘‘community-based and prevention-focused programs and activities

designed to strengthen and support families to prevent child

abuse and neglect’’; and

(11) by redesignating paragraph (13) as paragraph (12).

SEC. 126. LOCAL PROGRAM REQUIREMENTS.

Section 206(a) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116e(a)) is amended—

(1) in the matter preceding paragraph (1), by striking

‘‘prevention-focused, family resource and support programs’’ and

inserting ‘‘and prevention-focused programs and activities

designed to strengthen and support families to prevent child

abuse and neglect’’;

(2) in paragraph (3)(B), by inserting ‘‘voluntary home visiting and’’ after ‘‘including’’; and

(3) by striking paragraph (6) and inserting the following:

‘‘(6) participate with other community-based and prevention-focused programs and activities designed to strengthen

and support families to prevent child abuse and neglect in

the development, operation and expansion of networks where

appropriate.’’.

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 817

SEC. 127. PERFORMANCE MEASURES.

Section 207 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116f) is amended—

(1) in paragraph (1), by striking ‘‘a Statewide network

of community-based, prevention-focused, family resource and

support programs’’ and inserting ‘‘community-based and prevention-focused programs and activities designed to strengthen

and support families to prevent child abuse and neglect’’;

(2) by striking paragraph (3), and inserting the following:

‘‘(3) shall demonstrate that they will have addressed unmet

needs identified by the inventory and description of current

services required under section 205(3);’’;

(3) in paragraph (4)—

(A) by inserting ‘‘and parents with disabilities,’’ after

‘‘children with disabilities,’’; and

(B) by striking ‘‘evaluation of’’ the first place it appears

and all that follows through ‘‘under this title’’ and inserting

‘‘evaluation of community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect, and in the

design, operation and evaluation of the networks of such

community-based and prevention-focused programs’’;

(4) in paragraph (5), by striking ‘‘, prevention-focused,

family resource and support programs’’ and inserting ‘‘and

prevention-focused programs and activities designed to

strengthen and support families to prevent child abuse and

neglect’’;

(5) in paragraph (6), by striking ‘‘Statewide network of

community-based, prevention-focused, family resource and support programs’’ and inserting ‘‘community-based and prevention-focused programs and activities designed to strengthen

and support families to prevent child abuse and neglect’’; and

(6) in paragraph (8), by striking ‘‘community based, prevention-focused, family resource and support programs’’ and

inserting ‘‘community-based and prevention-focused programs

and activities designed to strengthen and support families to

prevent child abuse and neglect’’.

SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY

RESOURCE PROGRAMS.

Section 208(3) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116g(3)) is amended by striking ‘‘Statewide networks of community-based, prevention-focused, family resource and

support programs’’ and inserting ‘‘community-based and preventionfocused programs and activities designed to strengthen and support

families to prevent child abuse and neglect’’.

SEC. 129. DEFINITIONS.

(a) CHILDREN WITH DISABILITIES.—Section 209(1) of the Child

Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1)) is

amended by striking ‘‘given such term in section 602(a)(2)’’ and

inserting ‘‘given the term ‘child with a disability’ in section 602(3)

or ‘infant or toddler with a disability’ in section 632(5)’’.

(b) COMMUNITY-BASED AND PREVENTION-FOCUSED PROGRAMS

AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT.—Section

209 of the Child Abuse Prevention and Treatment Act (42 U.S.C.

117 STAT. 818 PUBLIC LAW 108–36—JUNE 25, 2003

5116h) is amended by striking paragraphs (3) and (4) and inserting

the following:

‘‘(3) COMMUNITY-BASED AND PREVENTION-FOCUSED PRO- GRAMS AND ACTIVITIES TO PREVENT CHILD ABUSE AND

NEGLECT.—The term ‘community-based and prevention-focused

programs and activities designed to strengthen and support

families to prevent child abuse and neglect’ includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and

other community programs or networks of such programs that

provide activities that are designed to prevent or respond to

child abuse and neglect.’’.

SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

Section 210 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5116i) is amended to read as follows:

‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this title $80,000,000 for fiscal year 2004 and such sums as may be

necessary for each of the fiscal years 2005 through 2008.’’.

Subtitle C—Conforming Amendments

SEC. 141. CONFORMING AMENDMENTS.

The table of contents of the Child Abuse Prevention and Treatment Act, as contained in section 1(b) of such Act (42 U.S.C.

5101 note), is amended as follows:

(1) By striking the item relating to section 105 and

inserting the following:

‘‘Sec. 105. Grants to States and public or private agencies and organizations.’’.

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

the following:

‘‘TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD

ABUSE AND NEGLECT.’’

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

TITLE II—ADOPTION OPPORTUNITIES

SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

Section 201 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended—

(1) in subsection (a)—

(A) by striking paragraphs (1) through (4) and inserting

the following:

‘‘(1) the number of children in substitute care has increased

by nearly 24 percent since 1994, as our Nation’s foster care

population included more than 565,000 as of September of

2001;

‘‘(2) children entering foster care have complex problems

that require intensive services, with many such children having

special needs because they are born to mothers who did not

receive prenatal care, are born with life threatening conditions

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 819

or disabilities, are born addicted to alcohol or other drugs,

or have been exposed to infection with the etiologic agent

for the human immunodeficiency virus;

‘‘(3) each year, thousands of children are in need of placement in permanent, adoptive homes;’’;

(B) by striking paragraph (6);

(C) by striking paragraph (7)(A) and inserting the following:

‘‘(7)(A) currently, there are 131,000 children waiting for

adoption;’’; and

(D) by redesignating paragraphs (5), (7), (8), (9), and

(10) as paragraphs (4), (5), (6), (7), and (8) respectively;

and

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by inserting

‘‘, including geographic barriers,’’ after ‘‘barriers’’; and

(B) in paragraph (2), by striking ‘‘a national’’ and

inserting ‘‘an Internet-based national’’.

SEC. 202. INFORMATION AND SERVICES.

Section 203 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended—

(1) by striking the section heading and inserting the following:

‘‘SEC. 203. INFORMATION AND SERVICES.’’;

(2) by striking ‘‘SEC. 203. (a) The Secretary’’ and inserting

the following:

‘‘(a) IN GENERAL.—The Secretary’’;

(3) in subsection (b)—

(A) by inserting ‘‘REQUIRED ACTIVITIES.—’’ after ‘‘(b)’’;

(B) in paragraph (1), by striking ‘‘nonprofit’’ each place

that such appears;

(C) in paragraph (2), by striking ‘‘nonprofit’’;

(D) in paragraph (3), by striking ‘‘nonprofit’’;

(E) in paragraph (4), by striking ‘‘nonprofit’’;

(F) in paragraph (6), by striking ‘‘study the nature,

scope, and effects of’’ and insert ‘‘support’’;

(G) in paragraph (7), by striking ‘‘nonprofit’’;

(H) in paragraph (9)—

(i) by striking ‘‘nonprofit’’; and

(ii) by striking ‘‘and’’ at the end;

(I) in paragraph (10)—

(i) by striking ‘‘nonprofit’’; each place that such

appears; and

(ii) by striking the period at the end and inserting

‘‘; and’’; and

(J) by adding at the end the following:

‘‘(11) provide (directly or by grant to or contract with States,

local government entities, or public or private licensed child

welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster care and with the goal of adoption)

placed in adoptive families, with a special emphasis on childspecific recruitment strategies, including—

‘‘(A) outreach, public education, or media campaigns

to inform the public of the needs and numbers of older

youth available for adoption;

117 STAT. 820 PUBLIC LAW 108–36—JUNE 25, 2003

‘‘(B) training of personnel in the special needs of older

youth and the successful strategies of child-focused, childspecific recruitment efforts; and

‘‘(C) recruitment of prospective families for such children.’’;

(4) in subsection (c)—

(A) by striking ‘‘(c)(1) The Secretary’’ and inserting

the following:

‘‘(c) SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHIL- DREN.— ‘‘(1) IN GENERAL.—The Secretary’’;

(B) by striking ‘‘(2) Services’’ and inserting the following:

‘‘(2) SERVICES.—Services’’; and

(C) in paragraph (2)—

(i) by realigning the margins of subparagraphs

(A) through (G) accordingly;

(ii) in subparagraph (F), by striking ‘‘and’’ at the

end;

(iii) in subparagraph (G), by striking the period

and inserting a semicolon; and

(iv) by adding at the end the following:

‘‘(H) day treatment; and

‘‘(I) respite care.’’; and

(D) by striking ‘‘nonprofit’’; each place that such

appears;

(5) in subsection (d)—

(A) by striking ‘‘(d)(1) The Secretary’’ and inserting

the following:

‘‘(d) IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER

CARE.—

‘‘(1) IN GENERAL.—The Secretary’’;

(B) by striking ‘‘(2)(A) Each State’’ and inserting the

following:

‘‘(2) APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE.— ‘‘(A) APPLICATIONS.—Each State’’;

(C) by striking ‘‘(B) The Secretary’’ and inserting the

following:

‘‘(B) TECHNICAL AND OTHER ASSISTANCE.—The Secretary’’;

(D) in paragraph (2)(B)—

(i) by realigning the margins of clauses (i) and

(ii) accordingly; and

(ii) by striking ‘‘nonprofit’’;

(E) by striking ‘‘(3)(A) Payments’’ and inserting the

following:

‘‘(3) PAYMENTS.—

‘‘(A) IN GENERAL.—Payments’’; and

(F) by striking ‘‘(B) Any payment’’ and inserting the

following:

‘‘(B) REVERSION OF UNUSED FUNDS.—Any payment’’;

and

(6) by adding at the end the following:

‘‘(e) ELIMINATION OF BARRIERS TO ADOPTIONS ACROSS JURISDICTIONAL BOUNDARIES.— ‘‘(1) IN GENERAL.—The Secretary shall award grants to,

or enter into contracts with, States, local government entities,

Grants.

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 821

public or private child welfare or adoption agencies, adoption

exchanges, or adoption family groups to carry out initiatives

to improve efforts to eliminate barriers to placing children

for adoption across jurisdictional boundaries.

‘‘(2) SERVICES TO SUPPLEMENT NOT SUPPLANT.—Services

provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds

made available for the same general purposes including—

‘‘(A) developing a uniform homestudy standard and

protocol for acceptance of homestudies between States and

jurisdictions;

‘‘(B) developing models of financing cross-jurisdictional

placements;

‘‘(C) expanding the capacity of all adoption exchanges

to serve increasing numbers of children;

‘‘(D) developing training materials and training social

workers on preparing and moving children across State

lines; and

‘‘(E) developing and supporting initiative models for

networking among agencies, adoption exchanges, and

parent support groups across jurisdictional boundaries.’’.

SEC. 203. STUDY OF ADOPTION PLACEMENTS.

Section 204 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended—

(1) by striking ‘‘The’’ and inserting ‘‘(a) IN GENERAL.— The’’;

(2) by striking ‘‘of this Act’’ and inserting ‘‘of the Keeping

Children and Families Safe Act of 2003’’;

(3) by striking ‘‘to determine the nature’’ and inserting

‘‘to determine—

‘‘(1) the nature’’;

(4) by striking ‘‘which are not licensed’’ and all that follows

through ‘‘entity’’; and

(5) by adding at the end the following:

‘‘(2) how interstate placements are being financed across

State lines;

‘‘(3) recommendations on best practice models for both

interstate and intrastate adoptions; and

‘‘(4) how State policies in defining special needs children

differentiate or group similar categories of children.’’.

SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.

Section 204 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended

by adding at the end the following:

‘‘(b) DYNAMICS OF SUCCESSFUL ADOPTION.—The Secretary shall

conduct research (directly or by grant to, or contract with, public

or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the results of such research

to the appropriate committees of the Congress not later than the

date that is 36 months after the date of the enactment of the

Keeping Children and Families Safe Act of 2003.

‘‘(c) INTERJURISDICTIONAL ADOPTION.—Not later than 1 year

after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the appropriate

committees of the Congress a report that contains recommendations

Reports.

Deadlines.

117 STAT. 822 PUBLIC LAW 108–36—JUNE 25, 2003

for an action plan to facilitate the interjurisdictional adoption of

foster children.’’.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

Section 205(a) of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended

to read as follows:

‘‘There are authorized to be appropriated $40,000,000 for fiscal

year 2004 and such sums as may be necessary for fiscal years

2005 through 2008 to carry out programs and activities authorized

under this subtitle.’’.

TITLE III—ABANDONED INFANTS

ASSISTANCE

SEC. 301. FINDINGS.

Section 2 of the Abandoned Infants Assistance Act of 1988

(42 U.S.C. 670 note) is amended—

(1) by striking paragraph (1);

(2) in paragraph (2)—

(A) by inserting ‘‘studies indicate that a number of

factors contribute to’’ before ‘‘the inability of’’;

(B) by inserting ‘‘some’’ after ‘‘inability of’’;

(C) by striking ‘‘who abuse drugs’’; and

(D) by striking ‘‘care for such infants’’ and inserting

‘‘care for their infants’’;

(3) by amending paragraph (5) to read as follows:

‘‘(5) appropriate training is needed for personnel working

with infants and young children with life-threatening conditions

and other special needs, including those who are infected with

the human immunodeficiency virus (commonly known as ‘HIV’),

those who have acquired immune deficiency syndrome (commonly known as ‘AIDS’), and those who have been exposed

to dangerous drugs;’’;

(4) by striking paragraphs (6) and (7);

(5) in paragraph (8)—

(A) by striking ‘‘such infants and young children’’ and

inserting ‘‘infants and young children who are abandoned

in hospitals’’; and

(B) by inserting ‘‘by parents abusing drugs,’’ after ‘‘deficiency syndrome,’’;

(6) in paragraph (9), by striking ‘‘comprehensive services’’

and all that follows through the semicolon at the end and

inserting ‘‘comprehensive support services for such infants and

young children and their families and services to prevent the

abandonment of such infants and young children, including

foster care services, case management services, family support

services, respite and crisis intervention services, counseling

services, and group residential home services;’’;

(7) by striking paragraph (11);

(8) by redesignating paragraphs (2), (3), (4), (5), (8), (9),

and (10) as paragraphs (1) through (7), respectively; and

(9) by adding at the end the following:

‘‘(8) private, Federal, State, and local resources should be

coordinated to establish and maintain services described in

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 823

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

resources.’’.

SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS.

Section 101 of the Abandoned Infants Assistance Act of 1988

(42 U.S.C. 670 note) is amended—

(1) by striking the section heading and inserting the following:

‘‘SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.’’;

and

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

‘‘(b) PRIORITY IN PROVISION OF SERVICES.—The Secretary may

not make a grant under subsection (a) unless the applicant for

the grant agrees to give priority to abandoned infants and young

children who—

‘‘(1) are infected with, or have been perinatally exposed

to, the human immunodeficiency virus, or have a life-threatening illness or other special medical need; or

‘‘(2) have been perinatally exposed to a dangerous drug.’’.

SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

Section 102 of the Abandoned Infants Assistance Act of 1988

(42 U.S.C. 670 note) is amended to read as follows:

‘‘SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

‘‘(a) EVALUATIONS OF LOCAL PROGRAMS.—The Secretary shall,

directly or through contracts with public and nonprofit private

entities, provide for evaluations of projects carried out under section

101 and for the dissemination of information developed as a result

of such projects.

‘‘(b) STUDY AND REPORT ON NUMBER OF ABANDONED INFANTS

AND YOUNG CHILDREN.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a study

for the purpose of determining—

‘‘(A) an estimate of the annual number of infants and

young children relinquished, abandoned, or found deceased

in the United States and the number of such infants and

young children who are infants and young children

described in section 101(b);

‘‘(B) an estimate of the annual number of infants and

young children who are victims of homicide;

‘‘(C) characteristics and demographics of parents who

have abandoned an infant within 1 year of the infant’s

birth; and

‘‘(D) an estimate of the annual costs incurred by the

Federal Government and by State and local governments

in providing housing and care for abandoned infants and

young children.

‘‘(2) DEADLINE.—Not later than 36 months after the date

of enactment of the Keeping Children and Families Safe Act

of 2003, the Secretary shall complete the study required under

paragraph (1) and submit to Congress a report describing the

findings made as a result of the study.

‘‘(c) EVALUATION.—The Secretary shall evaluate and report on

effective methods of intervening before the abandonment of an

infant or young child so as to prevent such abandonments, and

117 STAT. 824 PUBLIC LAW 108–36—JUNE 25, 2003

effective methods for responding to the needs of abandoned infants

and young children.’’.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 104 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) IN GENERAL.— ‘‘(1) AUTHORIZATION.—For the purpose of carrying out this Act, there are authorized to be appropriated $45,000,000 for

fiscal year 2004 and such sums as may be necessary for fiscal

years 2005 through 2008.

‘‘(2) LIMITATION.—Not more than 5 percent of the amounts

appropriated under paragraph (1) for any fiscal year may be

obligated for carrying out section 102(a).’’;

(2) by striking subsection (b);

(3) in subsection (c)—

(A) in paragraph (1)—

(i) by inserting ‘‘AUTHORIZATION.—’’ after ‘‘(1)’’ the

first place it appears; and

(ii) by striking ‘‘this title’’ and inserting ‘‘this Act’’;

and

(B) in paragraph (2)—

(i) by inserting ‘‘LIMITATION.—’’ after ‘‘(2)’’; and

(ii) by striking ‘‘fiscal year 1991.’’ and inserting

‘‘fiscal year 2003.’’; and

(4) by redesignating subsections (c) and (d) as subsections

(b) and (c), respectively.

(b) REDESIGNATION.—The Abandoned Infants Assistance Act

of 1988 (42 U.S.C. 670 note) is amended—

(1) by redesignating section 104 as section 302; and

(2) by moving that section 302 to the end of that Act.

SEC. 305. DEFINITIONS.

(a) IN GENERAL.—Section 301 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended to read as

follows:

‘‘SEC. 301. DEFINITIONS.

‘‘In this Act:

‘‘(1) ABANDONED; ABANDONMENT.—The terms ‘abandoned’

and ‘abandonment’, used with respect to infants and young

children, mean that the infants and young children are medically cleared for discharge from acute-care hospital settings,

but remain hospitalized because of a lack of appropriate outof-hospital placement alternatives.

‘‘(2) ACQUIRED IMMUNE DEFICIENCY SYNDROME.—The term

‘acquired immune deficiency syndrome’ includes infection with

the etiologic agent for such syndrome, any condition indicating

that an individual is infected with such etiologic agent, and

any condition arising from such etiologic agent.

‘‘(3) DANGEROUS DRUG.—The term ‘dangerous drug’ means

a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

‘‘(4) NATURAL FAMILY.—The term ‘natural family’ shall be

broadly interpreted to include natural parents, grandparents,

family members, guardians, children residing in the household,

and individuals residing in the household on a continuing basis

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 825

who are in a care-giving situation, with respect to infants

and young children covered under this Act.

‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary

of Health and Human Services.’’.

(b) REPEAL.—Section 103 of the Abandoned Infants Assistance

Act of 1988 (42 U.S.C. 670 note) is repealed.

SEC. 306. CONFORMING AMENDMENT.

Section 421(7) of the Domestic Volunteer Service Act of 1973

(42 U.S.C. 5061(7)) is amended by striking ‘‘infant described in

section 103’’ and inserting ‘‘infant who is abandoned, as defined

in section 301’’.

TITLE IV—FAMILY VIOLENCE

PREVENTION AND SERVICES ACT

SEC. 401. STATE DEMONSTRATION GRANTS.

(a) UNDERSERVED POPULATIONS.—Section 303(a)(2)(C) of the

Family Violence Prevention and Services Act (42 U.S.C.

10402(a)(2)(C)) is amended by striking ‘‘underserved populations,’’

and all that follows and inserting the following: ‘‘underserved populations, as defined in section 2007 of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2);’’.

(b) REPORT.—Section 303(a) of such Act (42 U.S.C. 10402(a))

is amended by adding at the end the following:

‘‘(5) Upon completion of the activities funded by a grant under

this title, the State shall submit to the Secretary a report that

contains a description of the activities carried out under paragraph

(2)(B)(i).’’.

(c) CHILDREN WHO WITNESS DOMESTIC VIOLENCE.—Section 303

of such Act (42 U.S.C. 10402) is amended—

(1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and

(2) by inserting after subsection (b) the following:

‘‘(c) The Secretary shall use funds provided under section

310(a)(2), for a fiscal year described in section 310(a)(2), to award

grants for demonstration programs that provide—

‘‘(1) multisystem interventions and services (either directly

or by referral) for children who witness domestic violence; and

‘‘(2) training (either directly or by referral) for agencies,

providers, and other entities who work with such children.’’.

SEC. 402. SECRETARIAL RESPONSIBILITIES.

Section 305(a) of the Family Violence Prevention and Services

Act (42 U.S.C. 10404(a)) is amended—

(1) by striking ‘‘an employee’’ and inserting ‘‘1 or more

employees’’;

(2) by striking ‘‘of this title.’’ and inserting ‘‘of this title,

including carrying out evaluation and monitoring under this

title.’’; and

(3) by striking ‘‘The individual’’ and inserting ‘‘Any individual’’.

SEC. 403. EVALUATION.

Section 306 of the Family Violence Prevention and Services

Act (42 U.S.C. 10405) is amended in the first sentence by striking

117 STAT. 826 PUBLIC LAW 108–36—JUNE 25, 2003

‘‘Not later than two years after the date on which funds are obligated under section 303(a) for the first time after the date of

the enactment of this title, and every two years thereafter,’’ and

inserting ‘‘Every 2 years,’’.

SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

Section 308 of the Family Violence Prevention and Services

Act (42 U.S.C. 10407) is amended—

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

‘‘(b) NATIONAL RESOURCE CENTER.—The national resource

center established under subsection (a)(2)—

‘‘(1) shall offer resource, policy, collaboration, and training

assistance to Federal, State, and local government agencies,

to domestic violence service providers, and to other professionals and interested parties on issues pertaining to domestic

violence, including issues relating to children who witness

domestic violence; and

‘‘(2) shall maintain a central resource library in order to

collect, prepare, analyze, and disseminate information and

statistics, and analyses of the information and statistics,

relating to the incidence and prevention of family violence

(particularly the prevention of repeated incidents of violence)

and the provision of immediate shelter and related assistance.’’;

and

(2) by striking subsection (g).

SEC. 405. RELATED ASSISTANCE.

Section 309(5) of the Family Violence Prevention and Services

Act (42 U.S.C. 10408(5)) is amended by striking the second sentence

and inserting the following: ‘‘The term ‘related assistance’ shall

include—

‘‘(A) prevention services such as outreach and prevention services for victims and their children, assistance to

children who witness domestic violence, employment

training, parenting and other educational services for victims and their children, preventive health services within

domestic violence programs (including services promoting

nutrition, disease prevention, exercise, and prevention of

substance abuse), domestic violence prevention programs

for school-age children, family violence public awareness

campaigns, and violence prevention counseling services to

abusers;

‘‘(B) counseling with respect to family violence, counseling or other supportive services provided by peers

individually or in groups, and referral to community social

services;

‘‘(C) transportation, technical assistance with respect

to obtaining financial assistance under Federal and State

programs, and referrals for appropriate health care services

(including alcohol and drug abuse treatment), but shall

not include reimbursement for any health care services;

‘‘(D) legal advocacy to provide victims with information

and assistance through the civil and criminal courts, and

legal assistance; or

‘‘(E) children’s counseling and support services, and

child care services for children who are victims of family

violence or the dependents of such victims, and children

who witness domestic violence.’’.

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 827

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUTHORIZATION.—Section 310(a) of the Family

Violence Prevention and Services Act (42 U.S.C. 10409(a)) is

amended to read as follows:

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORIZATION.—There are authorized to be appropriated to carry out sections 303 through 311, $175,000,000

for each of fiscal years 2004 through 2008.

‘‘(2) PROJECTS TO ADDRESS NEEDS OF CHILDREN WHO WITNESS DOMESTIC VIOLENCE.—For a fiscal year in which the

amounts appropriated under paragraph (1) exceed

$130,000,000, the Secretary shall reserve and make available

a portion of the excess to carry out section 303(c).’’.

(b) ALLOCATIONS FOR OTHER PROGRAMS.—Subsections (b), (c),

and (d) of section 310 of such Act (42 U.S.C. 10409) are amended

by inserting ‘‘(and not reserved under subsection (a)(2))’’ after ‘‘each

fiscal year’’.

(c) GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.—Section 311(g) of such Act (42 U.S.C. 10410(g)) is amended to read

as follows:

‘‘(g) FUNDING.—Of the amount appropriated under section

310(a) for a fiscal year (and not reserved under section 310(a)(2)),

not less than 10 percent of such amount shall be made available

to award grants under this section.’’.

SEC. 407. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

Section 311 of the Family Violence Prevention and Services

Act (42 U.S.C. 10410) is amended by striking subsection (h).

SEC. 408. EVALUATION AND MONITORING.

Section 312 of the Family Violence Prevention and Services

Act (42 U.S.C. 10412) is amended by adding at the end the following:

‘‘(c) Of the amount appropriated under section 310(a) for each

fiscal year (and not reserved under section 310(a)(2)), not more

than 2.5 percent shall be used by the Secretary for evaluation,

monitoring, and other administrative costs under this title.’’.

SEC. 409. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT.

Section 313 of the Family Violence Prevention and Services

Act (42 U.S.C. 10413) is repealed.

SEC. 410. MODEL STATE LEADERSHIP GRANTS.

Section 315 of the Family Violence Prevention and Services

Act (42 U.S.C. 10415) is repealed.

SEC. 411. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET

GRANT.

Section 316 of the Family Violence Prevention and Services

Act (42 U.S.C. 10416) is amended to read as follows:

‘‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET

GRANT.

‘‘(a) IN GENERAL.—The Secretary may award 1 or more grants

to private, nonprofit entities—

‘‘(1) to provide for the establishment and operation of a

national, toll-free telephone hotline to provide information and

assistance to victims of domestic violence; or

117 STAT. 828 PUBLIC LAW 108–36—JUNE 25, 2003

‘‘(2) to provide for the establishment and operation of a

highly secure Internet website to provide that information and

assistance to those victims.

‘‘(b) DURATION.—A grant under this section may extend over

a period of not more than 5 years.

‘‘(c) ANNUAL APPROVAL.—The provision of payments under a

grant awarded under this section shall be subject to annual approval

by the Secretary and subject to the availability of appropriations

for each fiscal year to make the payments.

‘‘(d) HOTLINE ACTIVITIES.—An entity that receives a grant under

this section for activities described, in whole or in part, in subsection

(a)(1) shall use funds made available through the grant to establish

and operate a national, toll-free telephone hotline to provide

information and assistance to victims of domestic violence. In establishing and operating the hotline, the entity shall—

‘‘(1) contract with a carrier for the use of a toll-free telephone line;

‘‘(2) employ, train, and supervise personnel to answer

incoming calls and provide counseling and referral services

to callers on a 24-hour-a-day basis;

‘‘(3) assemble and maintain a current database of information relating to services for victims of domestic violence to

which callers may be referred throughout the United States,

including information on the availability of shelters that serve

battered women; and

‘‘(4) publicize the hotline to potential users throughout

the United States.

‘‘(e) SECURE WEBSITE ACTIVITIES.—

‘‘(1) IN GENERAL.—An entity that receives a grant under

this section for activities described, in whole or in part, in

subsection (a)(2) shall use funds made available through the

grant to provide grants for startup and operational costs associated with establishing and operating a highly secure Internet

website.

‘‘(2) AVAILABILITY.—The website shall be available to the

entity operating the hotline and domestic violence shelters.

‘‘(3) INFORMATION.—The website shall provide accurate

information that describes—

‘‘(A) the services available to victims of domestic

violence, including health care and mental health services,

social services, transportation, services for children

(including children who witness domestic violence), and

other relevant services; and

‘‘(B) the domestic violence shelters available, and services provided by the shelters.

‘‘(4) RULE OF CONSTRUCTION.—Nothing in this Act shall

be construed to require any shelter or service provider, whether

public or private, to be linked to the website or to provide

information to the recipient of the grant described in paragraph

(1) or to the website.

‘‘(f) APPLICATION.—The Secretary may not award a grant under

this section unless the Secretary approves an application for such

grant. To be approved by the Secretary under this subsection an

application shall—

‘‘(1) contain such agreements, assurances, and information,

be in such form, and be submitted in such manner, as the

Secretary shall prescribe through notice in the Federal Register;

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 829

‘‘(2) in the case of an application for a grant to carry

out activities described in subsection (a)(1), include a complete

description of the applicant’s plan for the operation of a national

domestic violence hotline, including descriptions of—

‘‘(A) the training program for hotline personnel;

‘‘(B) the hiring criteria for hotline personnel;

‘‘(C) the methods for the creation, maintenance, and

updating of a resource database;

‘‘(D) a plan for publicizing the availability of the hotline;

‘‘(E) a plan for providing service to non-English

speaking callers, including service through hotline personnel who speak Spanish; and

‘‘(F) a plan for facilitating access to the hotline by

persons with hearing impairments;

‘‘(3) in the case of an application for a grant to carry

out activities described in subsection (a)(2)—

‘‘(A) include a complete description of the applicant’s

plan for the development, operation, maintenance, and

updating of information and resources of the website;

‘‘(B) include a certification that the applicant will

implement a high level security system to ensure the confidentiality of the website, taking into consideration the

safety of domestic violence victims; and

‘‘(C) include an assurance that, after the third year

of the website project, the recipient of the grant will develop

a plan to secure other public or private funding resources

to ensure the continued operation and maintenance of the

website;

‘‘(4) demonstrate that the applicant has recognized expertise in the area of domestic violence and a record of high

quality service to victims of domestic violence, including a demonstration of support from advocacy groups;

‘‘(5) demonstrate that the applicant has a commitment

to diversity, and to the provision of services to ethnic, racial,

and non-English speaking minorities, in addition to older

individuals and individuals with disabilities; and

‘‘(6) contain such other information as the Secretary may

require.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated

to carry out this section $3,500,000 for each of fiscal years

2004 through 2008.

‘‘(2) CONDITIONS ON APPROPRIATIONS.—Notwithstanding

paragraph (1), the Secretary shall make available a portion

of the amounts appropriated under paragraph (1) to award

grants under subsection (a)(2) only for any fiscal year for which

the amounts appropriated under paragraph (1) exceed

$3,000,000.

‘‘(3) AVAILABILITY.—Funds authorized to be appropriated

under paragraph (1) shall remain available until expended.’’.

SEC. 412. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

Section 317 of the Family Violence Prevention and Services

Act (42 U.S.C. 10417) is repealed.

117 STAT. 830 PUBLIC LAW 108–36—JUNE 25, 2003

SEC. 413. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

(a) IN GENERAL.—Section 318(h) of the Family Violence Prevention and Services Act (42 U.S.C. 10418(h)) is amended to read

as follows:

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $6,000,000 for each

of fiscal years 2004 through 2008.’’.

(b) REGULATIONS.—Section 318 of such Act (42 U.S.C. 10418)

is amended by striking subsection (i).

SEC. 414. TRANSITIONAL HOUSING ASSISTANCE.

Section 319(f) of the Family Violence Prevention and Services

Act (42 U.S.C. 10419(f)) is amended by striking ‘‘fiscal year 2001’’

and inserting ‘‘each of fiscal years 2003 through 2008’’.

SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS.

The Family Violence Prevention and Services Act (42 U.S.C.

10401 et seq.) is amended—

(1) in section 302(1) (42 U.S.C. 10401(1)) by striking ‘‘demonstrate the effectiveness of assisting’’ and inserting ‘‘assist’’;

(2) in section 303(a) (42 U.S.C. 10402(a))—

(A) in paragraph (2)—

(i) in subparagraph (C), by striking ‘‘State domestic

violence coalitions knowledgeable individuals and

interested organizations’’ and inserting ‘‘State domestic

violence coalitions, knowledgeable individuals, and

interested organizations’’; and

(ii) in subparagraph (F), by adding ‘‘and’’ at the

end; and

(B) by aligning the margins of paragraph (4) with

the margins of paragraph (3);

(3) in section 303(g) (as so redesignated)—

(A) in the first sentence, by striking ‘‘309(4)’’ and

inserting ‘‘320’’; and

(B) in the second sentence, by striking ‘‘309(5)(A)’’ and

inserting ‘‘320(5)(A)’’;

(4) in section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) by

striking ‘‘provide for research, and into’’ and inserting ‘‘provide

for research into’’;

(5) by redesignating section 309 as section 320 and moving

that section to the end of the Act; and

(6) in section 311(a) (42 U.S.C. 10410(a))—

(A) in paragraph (2)(K), by striking ‘‘other criminal

justice professionals,;’’ and inserting ‘‘other criminal justice

professionals;’’ and

(B) in paragraph (3)—

(i) in the matter preceding subparagraph (A), by

striking ‘‘family law judges,,’’ and inserting ‘‘family

law judges,’’;

(ii) in subparagraph (D), by inserting ‘‘, criminal

court judges,’’ after ‘‘family law judges’’; and

(iii) in subparagraph (H), by striking ‘‘supervised

visitations that do not endanger victims and their children’’ and inserting ‘‘supervised visitations or denial

of visitation to protect against danger to victims or

their children’’.

42 USC 10408,

10421.

PUBLIC LAW 108–36—JUNE 25, 2003 117 STAT. 831

LEGISLATIVE HISTORY—S. 342 (H.R. 14):

HOUSE REPORTS: Nos. 108–26 accompanying H.R. 14 (Comm. on Education and

the Workforce) and 108–150 (Comm. of Conference).

SENATE REPORTS: No. 108–12 (Comm. on Health, Education, Labor, and Pensions).

CONGRESSIONAL RECORD, Vol. 149 (2003):

Mar. 19, considered and passed Senate.

Mar. 26, considered and passed House, amended.

June 17, House agreed to conference report.

June 19, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):

June 25, Presidential statement.

Æ

SEC. 416. CONFORMING AMENDMENT TO ANOTHER ACT.

Section 102(42) of the Older Americans Act of 1965 (42 U.S.C.

3002(42)) is amended by striking ‘‘(42 U.S.C. 10408)’’.

Approved June 25, 2003.