1181
ments with termination of parental rights issues, in
recruiting and retaining adoptive families, in the
successful placement of children with special needs,
and in the provision of pre- and post-placement serv-
ices, including post-legal adoption services; and
‘‘(2) other assistance to help State and local
governments replicate successful adoption-related
projects from other areas in the United States.
‘‘SEC. 205. TRAINING RESOURCES.
‘‘(a) TRAINING
PROGRAMS.—The Secretary may
award grants to public or private nonprofit organiza-
tions—
‘‘(1) for the training of professional and para-
professional personnel in the fields of medicine, law,
education, law enforcement, social work, and other
relevant fields who are engaged in, or intend to work
in, the field of prevention, identification, and treat-
ment of child abuse and neglect, including the links
between domestic violence and child abuse;
‘‘(2) to provide culturally specific instruction in
methods of protecting children from child abuse and
neglect to children and to persons responsible for the
welfare of children, including parents of and persons
who work with children with disabilities; and
1182
‘‘(3) to improve the recruitment, selection, and
training of volunteers serving in private and public
nonprofit children, youth and family service organi-
zations in order to prevent child abuse and neglect
through collaborative analysis of current recruit-
ment, selection, and training programs and develop-
ment of model programs for dissemination and rep-
lication nationally.
‘‘(b) DISSEMINATION OF INFORMATION.—The Sec-
retary may provide for and disseminate information relat-
ing to various training resources available at the State and
local level to—
‘‘(1) individuals who are engaged, or who intend
to engage, in the prevention, identification, assess-
ment, and treatment of child abuse and neglect; and
‘‘(2) appropriate State and local officials, in-
cluding prosecutors, to assist in training law en-
forcement, legal, judicial, medical, mental health,
education, and child welfare personnel in appropriate
methods of interacting during investigative, adminis-
trative, and judicial proceedings with children who
have been subjected to abuse.
1183
‘‘SEC. 206. APPLICATIONS AND AMOUNTS OF GRANTS.
‘‘(a) REQUIREMENT
OF APPLICATION.—The Sec-
retary may not make a grant to a State or other entity
under this title unless—
‘‘(1) an application for the grant is submitted
to the Secretary;
‘‘(2) with respect to carrying out the purpose
for which the grant is to be made, the application
provides assurances of compliance satisfactory to the
Secretary; and
‘‘(3) the application otherwise is in such form,
is made in such manner, and contains such agree-
ments, assurances, and information as the Secretary
determines to be necessary to carry out this title.
‘‘(b) AMOUNT OF GRANT.—The Secretary shall de-
termine the amount of a grant to be awarded under this
title.
‘‘SEC. 207. PEER REVIEW FOR GRANTS.
‘‘(a) ESTABLISHMENT OF PEER REVIEW PROCESS.—
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with experts in the field and other Federal
agencies, establish a formal, rigorous, and meritori-
ous peer review process for purposes of evaluating
and reviewing applications for grants under this title
and determining the relative merits of the projects
for which such assistance is requested. The purpose
1184
of this process is to enhance the quality and useful-
ness of research in the field of child abuse and ne-
glect.
‘‘(2) REQUIREMENTS FOR MEMBERS.—In estab-
lishing the process required by paragraph (1), the
Secretary shall appoint to the peer review panels
only members who are experts in the field of child
abuse and neglect or related disciplines, with appro-
priate expertise in the application to be reviewed,
and who are not individuals who are officers or em-
ployees of the Administration for Children and Fam-
ilies. The panels shall meet as often as is necessary
to facilitate the expeditious review of applications for
grants and contracts under this title, but may not
meet less than once a year. The Secretary shall en-
sure that the peer review panel utilizes scientifically
valid review criteria and scoring guidelines for re-
view committees.
‘‘(b) REVIEW OF APPLICATIONS FOR ASSISTANCE.—
Each peer review panel established under subsection
(a)(1) that reviews any application for a grant shall—
‘‘(1) determine and evaluate the merit of each
project described in such application;
‘‘(2) rank such application with respect to all
other applications it reviews in the same priority
1185
area for the fiscal year involved, according to the rel-
ative merit of all of the projects that are described
in such application and for which financial assist-
ance 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 sub-
section (a)(1) have determined to have merit.
‘‘(2) REQUIREMENT OF EXPLANATION.—In the
instance in which the Secretary approves an applica-
tion for a program under this title without having
approved all applications ranked above such applica-
tion, the Secretary shall append to the approved ap-
plication 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.
1186
‘‘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 sub-
section (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 pro-
grams of different small States (or different groups
of such States) in different years to yield an occa-
sional 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 ob-
taining information on, among other things—
‘‘(A) the type of abuse or neglect involved;
‘‘(B) the frequency of contact with State
or local agencies;
1187
‘‘(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 place-
ment.
‘‘(d) REPORTS.—
‘‘(1) IN
GENERAL.—From time to time, the
Secretary shall prepare reports summarizing the re-
sults of the study required by subsection (a).
‘‘(2) AVAILABILITY.—The Secretary shall make
available to the public any report prepared under
paragraph (1), in writing or in the form of an elec-
tronic data tape.
‘‘(3) AUTHORITY TO CHARGE FEE.—The Sec-
retary may charge and collect a fee for the furnish-
ing of reports under paragraph (2).
‘‘(4) FUNDING.—The Secretary shall carry out
this section using amounts made available under sec-
tion 425 of the Social Security Act.
1188
‘‘TITLE III—GENERAL
PROVISIONS
‘‘SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) TITLE I.—There are authorized to be appro-
priated 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 appro-
priated under subsection (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 subsection (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.
1189
‘‘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 con-
sultation with the Attorney General, is authorized to make
grants to the States for the purpose of assisting States
in developing, establishing, and operating programs de-
signed to improve—
‘‘(1) the handling of child abuse and neglect
cases, particularly cases of child sexual abuse and
exploitation, in a manner which limits additional
trauma to the child victim;
‘‘(2) the handling of cases of suspected child
abuse or neglect related fatalities; and
‘‘(3) the investigation and prosecution of cases
of child abuse and neglect, particularly child sexual
abuse and exploitation.
‘‘(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 sub-
section (c);
‘‘(3) fulfill the requirements of subsection (d);
‘‘(4) submit annually an application to the Sec-
retary at such time and containing such information
1190
and assurances as the Secretary considers necessary,
including an assurance that the State will—
‘‘(A) make such reports to the Secretary as
may reasonably 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 manner in which assistance received under
this program was expended throughout the State,
with particular attention focused on the areas de-
scribed 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 main-
tain, a State multidisciplinary task force on chil-
dren’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—
1191
‘‘(A) individuals representing the law en-
forcement 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 prosecu-
tion of such cases);
‘‘(C) child advocates, including both attor-
neys for children and, where such programs are
in operation, court appointed special advocates;
‘‘(D) health and mental health profes-
sionals;
‘‘(E) individuals representing child protec-
tive 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 Secretary, a State commission or task force
established after January 1, 1983, with substantially
comparable membership and functions, may be con-
sidered the State task force for purposes of this sub-
section.
1192
‘‘(d) STATE TASK FORCE STUDY.—Before a State
receives assistance under this section, and at 3-year inter-
vals thereafter, the State task force shall comprehen-
sively—
‘‘(1) review and evaluate State investigative, ad-
ministrative and both civil and criminal 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 fatali-
ties 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 rec-
ommendations as are considered relevant and useful.
‘‘(e) ADOPTION
OF
STATE
TASK
FORCE
REC-
OMMENDATIONS.—
‘‘(1) GENERAL
RULE.—Subject to the provi-
sions of paragraph (2), before a State receives as-
sistance under this section, a State shall adopt rec-
ommendations of the State task force in each of the
following categories—
‘‘(A) investigative, administrative, and ju-
dicial handling of cases of child abuse and ne-
1193
glect, particularly child sexual abuse and exploi-
tation, as well as cases involving suspected child
maltreatment related fatalities and cases involv-
ing a potential combination of jurisdictions,
such as interstate, Federal-State, and State-
Tribal, in a manner which reduces the addi-
tional trauma to the child victim and the vic-
tim’s family and which also ensures procedural
fairness to the accused;
‘‘(B) experimental, model and demonstra-
tion 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 sex-
ual abuse and exploitation cases, including the
enhancement of performance of court-appointed
attorneys and guardians ad litem for children;
and
‘‘(C) reform of State laws, ordinances, reg-
ulations, protocols and procedures to provide
comprehensive protection for children from
abuse, particularly child sexual abuse and ex-
1194
ploitation, while ensuring fairness to all affected
persons.
‘‘(2) EXEMPTION.—As determined by the Sec-
retary, a State shall be considered to be in fulfill-
ment of the requirements of this subsection if—
‘‘(A) the State adopts an alternative to the
recommendations 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 recommendations 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 sec-
tion, the Secretary shall use the amount authorized by sec-
tion 1404A of the Victims of Crime Act of 1984.
‘‘SEC. 303. TRANSITIONAL PROVISION.
‘‘A State or other entity that has a grant, contract,
or cooperative agreement in effect, on the date of enact-
ment of this Act, under the Family Resource and Support
Program, the Community-Based Family Resource Pro-
gram, the Family Support Center Program, the Emer-
gency Child Abuse Prevention Grant Program, or the
1195
Temporary Child Care for Children with Disabilities and
Crisis Nurseries Programs shall continue to receive funds
under such grant, contract, or cooperative agreement, sub-
ject to the original terms under which such funds were
provided, through the end of the applicable grant, con-
tract, or agreement cycle.
‘‘SEC. 304. RULE OF CONSTRUCTION.
‘‘(a) IN GENERAL.—Nothing in this Act, or in part
B or E of title IV of the Social Security Act, shall be con-
strued—
‘‘(1) as establishing a Federal requirement that
a parent or legal guardian provide a child any medi-
cal service or treatment against the religious beliefs
of the parent or legal guardian; and
‘‘(2) to require that a State find, or to prohibit
a State from finding, abuse or neglect in cases in
which a parent or legal guardian relies solely or par-
tially upon spiritual means rather than medical
treatment, in accordance with the religious beliefs of
the parent or legal guardian.
‘‘(b) STATE REQUIREMENT.—Notwithstanding sub-
section (a), a State shall have in place authority under
State law to permit the child protective service system of
the State to pursue any legal remedies, including the au-
thority to initiate legal proceedings in a court of competent
1196
jurisdiction, to provide medical care or treatment for a
child when such care or treatment is necessary to prevent
or remedy serious harm to the child, or to prevent the
withholding of medically indicated treatment from children
with life threatening conditions. Except with respect to the
withholding of medically indicated treatments from dis-
abled infants with life threatening conditions, case by case
determinations concerning the exercise of the authority of
this subsection shall be within the sole discretion of the
State.’’.
SEC. 4752. REAUTHORIZATIONS.
(a) MISSING CHILDREN’S ASSISTANCE ACT.—Section
408 of the Missing Children’s Assistance Act (42 U.S.C.
5777) is amended—
(1) by striking ‘‘To’’ and inserting ‘‘(a) IN
GENERAL.—To’’
(2) by striking ‘‘and 1996’’ and inserting
‘‘1996, and 1997’’; and
(3) by adding at the end thereof the following
new subsection:
‘‘(b) EVALUATION.—The Administrator shall use not
more than 5 percent of the amount appropriated for a fis-
cal year under subsection (a) to conduct an evaluation of
the effectiveness of the programs and activities established
and operated under this title.’’.
1197
(b) VICTIMS OF CHILD ABUSE ACT OF 1990.—Sec-
tion 214B of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13004) is amended—
(1) in subsection (a)(2), by striking ‘‘and 1996’’
and inserting ‘‘1996, and 1997’’; and
(2) in subsection (b)(2), by striking ‘‘and
1996’’ and inserting ‘‘1996, and 1997’’.
SEC. 4753. REPEALS.
(a) IN GENERAL.—The following provisions of law
are repealed:
(1) Title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5111 et seq.).
(2) The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note).
(3) The Temporary Child Care for Children
with Disabilities and Crisis Nurseries Act of 1986
(42 U.S.C. 5117 et seq.).
(4) Subtitle F of title VII of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11481 et seq.).
(b) CONFORMING AMENDMENTS.—
(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of the
Congress and the Director of the Office of Manage-
1199
SEC. 4802. GOALS.
(a) GOALS.—Section 658A (42 U.S.C. 9801 note) is
amended—
(1) in the section heading by inserting ‘‘AND
GOALS’’ after ‘‘TITLE’’;
(2) by inserting ‘‘(a) SHORT TITLE.—’’ before
‘‘This’’; and
(3) by adding at the end the following:
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in
developing child care programs and policies that best
suit the needs of children and parents within such
State;
‘‘(2) to promote parental choice to empower
working parents to make their own decisions on the
child care that best suits their family’s needs;
‘‘(3) to encourage States to provide consumer
education information to help parents make in-
formed choices about child care;
‘‘(4) to assist States to provide child care to
parents trying to achieve independence from public
assistance; and
‘‘(5) to assist States in implementing the
health, safety, licensing, and registration standards
established in State regulations.’’.
1200
SEC. 4803. AUTHORIZATION OF APPROPRIATIONS AND EN-
TITLEMENT AUTHORITY.
(a) IN GENERAL.—Section 658B (42 U.S.C. 9858)
is amended to read as follows:
‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out
this subchapter $1,000,000,000 for each of the fiscal
years 1996 through 2002.’’.
(b) SOCIAL SECURITY ACT.—Part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.) is amended
by adding at the end the following:
‘‘SEC. 418. FUNDING FOR CHILD CARE.
‘‘(a) GENERAL CHILD CARE ENTITLEMENT.—
‘‘(1) GENERAL ENTITLEMENT.—Subject to the
amount appropriated under paragraph (3), each
State shall, for the purpose of providing child care
assistance, be entitled to payments under a grant
under this subsection for a fiscal year in an amount
equal to—
‘‘(A) the sum of the total amount required
to be paid to the State under former section
403 for fiscal year 1994 or 1995 (whichever is
greater) with respect to amounts expended for
child care under section—
1201
‘‘(i) 402(g) of this Act (as such sec-
tion was in effect before October 1, 1995);
and
‘‘(ii) 402(i) of this Act (as so in ef-
fect); or
‘‘(B) the average of the total amounts re-
quired to be paid to the State for fiscal years
1992 through 1994 under the sections referred
to in subparagraph (A);
whichever is greater.
‘‘(2) REMAINDER.—
‘‘(A) GRANTS.—The Secretary shall use
any amounts appropriated for a fiscal year
under paragraph (3), and remaining after the
reservation described in paragraph (4) and
after grants are awarded under paragraph (1),
to make grants to States under this paragraph.
‘‘(B) AMOUNT.—Subject to subparagraph
(C), the amount of a grant awarded to a State
for a fiscal year under this paragraph shall be
based on the formula used for determining the
amount of Federal payments to the State under
section 403(n) (as such section was in effect be-
fore October 1, 1995).
1202
‘‘(C) MATCHING REQUIREMENT.—The Sec-
retary shall pay to each eligible State in a fiscal
year an amount, under a grant under subpara-
graph (A), equal to the Federal medical assist-
ance percentage for such State for fiscal year
1995 (as defined in section 1905(b)) of so
much of the expenditures by the State for child
care in such year as exceed the State set-aside
for such State under paragraph (1)(A) for such
year and the amount of State expenditures in
fiscal year 1994 that equal the non-Federal
share for the programs described in subpara-
graph (A) of paragraph (1).
‘‘(D) REDISTRIBUTION.—
‘‘(i) IN
GENERAL.—With respect to
any fiscal year, if the Secretary determines
(in accordance with clause (ii)) that
amounts under any grant awarded to a
State under this paragraph for such fiscal
year will not be used by such State during
such fiscal year for carrying out the pur-
pose for which the grant is made, the Sec-
retary shall make such amounts available
in the subsequent fiscal year for carrying
out such purpose to 1 or more States
1203
which apply for such funds to the extent
the Secretary determines that such States
will be able to use such additional amounts
for carrying out such purpose. Such avail-
able amounts shall be redistributed to a
State pursuant to section 402(i) (as such
section was in effect before October 1,
1995) by substituting ‘the number of chil-
dren residing in all States applying for
such funds’ for ‘the number of children re-
siding in the United States in the second
preceding fiscal year’.
‘‘(ii) TIME OF DETERMINATION AND
DISTRIBUTION.—The determination of the
Secretary under clause (i) for a fiscal year
shall be made not later than the end of the
first quarter of the subsequent fiscal year.
The redistribution of amounts under clause
(i) shall be made as close as practicable to
the date on which such determination is
made. Any amount made available to a
State from an appropriation for a fiscal
year in accordance with this subparagraph
shall, for purposes of this part, be re-
garded as part of such State’s payment (as
1215
‘‘(vi) the number of months the family
has received benefits;
‘‘(vii) the type of child care in which
the child was enrolled (such as family child
care, home care, or center-based child
care);
‘‘(viii) whether the child care provider
involved was a relative;
‘‘(ix) the cost of child care for such
families; and
‘‘(x) the average hours per week of
such care;
during the period for which such information is
required to be submitted.
‘‘(C) 
SUBMISSION
TO
SECRETARY.—A
State described in subparagraph (A) shall, on a
quarterly basis, submit the information required
to be collected under subparagraph (B) to the
Secretary.
‘‘(D) SAMPLING.—The Secretary may dis-
approve the information collected by a State
under this paragraph if the State uses sampling
methods to collect such information.
‘‘(2) BIANNUAL REPORTS.—Not later than De-
cember 31, 1997, and every 6 months thereafter, a