H. R. 4—197
‘‘(1) determine and evaluate the merit of each project
described in such application;
‘‘(2) rank such application with respect to all other applica-
tions it reviews in the same priority area for the fiscal year
involved, according to the relative merit of all of the projects
that are described in such application and for which financial
assistance is requested; and
‘‘(3) make recommendations to the Secretary concerning
whether the application for the project shall be approved.
The Secretary shall award grants under this title on the basis
of competitive review.
‘‘(c) NOTICE OF APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall provide grants under
this title from among the projects which the peer review panels
established under subsection (a)(1) have determined to have
merit.
‘‘(2) REQUIREMENT OF EXPLANATION.—In the instance in
which the Secretary approves an application for a program
under this title without having approved all applications ranked
above such application, the Secretary shall append to the
approved application a detailed explanation of the reasons
relied on for approving the application and for failing to approve
each pending application that is superior in merit.
‘‘SEC. 208. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
‘‘(a) IN GENERAL.—The Secretary shall conduct a national study
based on random samples of children who are at risk of child
abuse or neglect, or are determined by States to have been abused
or neglected, and such other research as may be necessary.
‘‘(b) REQUIREMENTS.—The study required by subsection (a)
shall—
‘‘(1) have a longitudinal component; and
‘‘(2) yield data reliable at the State level for as many
States as the Secretary determines is feasible.
‘‘(c) PREFERRED CONTENTS.—In conducting the study required
by subsection (a), the Secretary should—
‘‘(1) collect data on the child protection programs of dif-
ferent small States or (different groups of such States) in dif-
ferent years to yield an occasional picture of the child protection
programs of such States;
‘‘(2) carefully consider selecting the sample from cases of
confirmed abuse or neglect; and
‘‘(3) follow each case for several years while obtaining
information on, among other things—
‘‘(A) the type of abuse or neglect involved;
‘‘(B) the frequency of contact with State or local agen-
cies;
‘‘(C) whether the child involved has been separated
from the family, and, if so, under what circumstances;
‘‘(D) the number, type, and characteristics of out-of-
home placements of the child; and
‘‘(E) the average duration of each placement.
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—From time to time, the Secretary shall
prepare reports summarizing the results of the study required
by subsection (a).
H. R. 4—198
‘‘(2) AVAILABILITY.—The Secretary shall make available to
the public any report prepared under paragraph (1), in writing
or in the form of an electronic data tape.
‘‘(3) AUTHORITY TO CHARGE FEE.—The Secretary may charge
and collect a fee for the furnishing of reports under paragraph
(2).
‘‘(4) FUNDING.—The Secretary shall carry out this section
using amounts made available under section 428 of the Social
Security Act.
‘‘TITLE III—GENERAL PROVISIONS
‘‘SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) TITLE I.—There are authorized to be appropriated to carry
out title I, $230,000,000 for fiscal year 1996, and such sums as
may be necessary for each of the fiscal years 1997 through 2002.
‘‘(b) TITLE II.—
‘‘(1) IN GENERAL.—Of the amount appropriated under sub-
section (a) for a fiscal year, the Secretary shall make available
12 percent of such amount to carry out title II (except for
sections 203 and 208).
‘‘(2) GRANTS
FOR
DEMONSTRATION
PROJECTS.—Of the
amount made available under paragraph (1) for a fiscal year,
the Secretary shall make available not less than 40 percent
of such amount to carry out section 203.
‘‘(c) INDIAN TRIBES.—Of the amount appropriated under sub-
section (a) for a fiscal year, the Secretary shall make available
1 percent of such amount to provide grants and contracts to Indian
tribes and Tribal Organizations.
‘‘(d) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated
under subsection (a) shall remain available until expended.
‘‘SEC. 302. GRANTS TO STATES FOR PROGRAMS RELATING TO THE
INVESTIGATION AND PROSECUTION OF CHILD ABUSE
AND NEGLECT CASES.
‘‘(a) GRANTS TO STATES.—The Secretary, in consultation with
the Attorney General, is authorized to make grants to the States
for the purpose of assisting States in developing, establishing, and
operating programs designed to improve—
‘‘(1) the handling of child abuse and neglect cases, particu-
larly cases of child sexual abuse and exploitation, in a manner
which limits additional trauma to the child victim;
‘‘(2) the handling of cases of suspected child abuse or neglect
related fatalities; and
‘‘(3) the investigation and prosecution of cases of child
abuse and neglect, particularly child sexual abuse and exploi-
tation.
‘‘(b) ELIGIBILITY REQUIREMENTS.—In order for a State to qualify
for assistance under this section, such State shall—
‘‘(1) be an eligible State under section 102;
‘‘(2) establish a task force as provided in subsection (c);
‘‘(3) fulfill the requirements of subsection (d);
‘‘(4) submit annually an application to the Secretary at
such time and containing such information and assurances
as the Secretary considers necessary, including an assurance
that the State will—
H. R. 4—199
‘‘(A) make such reports to the Secretary as may reason-
ably be required; and
‘‘(B) maintain and provide access to records relating
to activities under subsection (a); and
‘‘(5) submit annually to the Secretary a report on the man-
ner in which assistance received under this program was
expended throughout the State, with particular attention
focused on the areas described in paragraphs (1) through (3)
of subsection (a).
‘‘(c) STATE TASK FORCES.—
‘‘(1) GENERAL RULE.—Except as provided in paragraph (2),
a State requesting assistance under this section shall establish
or designate, and maintain, a State multidisciplinary task force
on children’s justice (hereafter in this section referred to as
‘State task force’) composed of professionals with knowledge
and experience relating to the criminal justice system and
issues of child physical abuse, child neglect, child sexual abuse
and exploitation, and child maltreatment related fatalities. The
State task force shall include—
‘‘(A) individuals representing the law enforcement
community;
‘‘(B) judges and attorneys involved in both civil and
criminal court proceedings related to child abuse and
neglect (including individuals involved with the defense
as well as the prosecution of such cases);
‘‘(C) child advocates, including both attorneys for chil-
dren and, where such programs are in operation, court
appointed special advocates;
‘‘(D) health and mental health professionals;
‘‘(E) individuals representing child protective service
agencies;
‘‘(F) individuals experienced in working with children
with disabilities;
‘‘(G) parents; and
‘‘(H) representatives of parents’ groups.
‘‘(2) EXISTING
TASK
FORCE.—As determined by the Sec-
retary, a State commission or task force established after Janu-
ary 1, 1983, with substantially comparable membership and
functions, may be considered the State task force for purposes
of this subsection.
‘‘(d) STATE TASK FORCE STUDY.—Before a State receives assist-
ance under this section, and at 3 year intervals thereafter, the
State task force shall comprehensively—
‘‘(1) review and evaluate State investigative, administrative
and both civil and criminal judicial handling of cases of child
abuse and neglect, particularly child sexual abuse and exploi-
tation, as well as cases involving suspected child maltreatment
related fatalities and cases involving a potential combination
of jurisdictions, such as interstate, Federal-State, and State-
Tribal; and
‘‘(2) make policy and training recommendations in each
of the categories described in subsection (e).
The task force may make such other comments and recommenda-
tions as are considered relevant and useful.
‘‘(e) ADOPTION
OF STATE TASK FORCE RECOMMENDATIONS.—
‘‘(1) GENERAL RULE.—Subject to the provisions of paragraph
(2), before a State receives assistance under this section, a
H. R. 4—200
State shall adopt recommendations of the State task force in
each of the following categories—
‘‘(A) investigative, administrative, and judicial han-
dling of cases of child abuse and neglect, particularly child
sexual abuse and exploitation, as well as cases involving
suspected child maltreatment related fatalities and cases
involving a potential combination of jurisdictions, such as
interstate, Federal-State, and State-Tribal, in a manner
which reduces the additional trauma to the child victim
and the victim’s family and which also ensures procedural
fairness to the accused;
‘‘(B) experimental, model and demonstration programs
for testing innovative approaches and techniques which
may improve the 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 exploi-
tation cases, including the enhancement of performance
of court-appointed attorneys and guardians ad litem for
children; and
‘‘(C) reform of State laws, ordinances, regulations,
protocols and procedures to provide comprehensive protec-
tion for children from abuse, particularly child sexual abuse
and exploitation, while ensuring fairness to all affected
persons.
‘‘(2) EXEMPTION.—As determined by the Secretary, a State
shall be considered to be in fulfillment of the requirements
of this subsection if—
‘‘(A) the State adopts an alternative to the rec-
ommendations of the State task force, which carries out
the purpose of this section, in each of the categories under
paragraph (1) for which the State task force’s recommenda-
tions are not adopted; or
‘‘(B) the State is making substantial progress toward
adopting recommendations of the State task force or a
comparable alternative to such recommendations.
‘‘(f) FUNDS AVAILABLE.—For grants under this section, the Sec-
retary shall use the amount authorized by section 1404A of the
Victims of Crime Act of 1984.
‘‘SEC. 303. TRANSITIONAL PROVISION.
‘‘A State or other entity that has a grant, contract, or coopera-
tive agreement in effect, on the date of enactment of this Act,
under the Family Resource and Support Program, the Community-
Based Family Resource Program, the Family Support Center Pro-
gram, the Emergency Child Abuse Prevention Grant Program, or
the Temporary Child Care for Children with Disabilities and Crisis
Nurseries Programs shall continue to receive funds under such
grant, contract, or cooperative agreement, subject to the original
terms under which such funds were provided, through the end
of the applicable grant, contract, or agreement cycle.
‘‘SEC. 304. RULE OF CONSTRUCTION.
‘‘(a) IN GENERAL.—Nothing in this Act, or in part B of title
IV of the Social Security Act, shall be construed—
‘‘(1) as establishing a Federal requirement that a parent
or legal guardian provide a child any medical service or treat-