dreamproit/uscode huggingface dataset:
42 U.S.C. § 5083 (THE PUBLIC HEALTH AND WELFARE)
§ 5083. Repealed. Pub. L. 95–510, § 102(b), Oct. 24, 1978, 92 Stat. 1781
text: Section, Pub. L. 93–113, title V, § 503, Oct. 1, 1973, 87 Stat. 415; Pub. L. 94–293, § 6(b), May 27, 1976, 90 Stat. 526, authorized appropriations for national volunteer programs to assist small businesses and promote volunteer service by persons with business experience.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1979, see section 105 of Pub. L. 95–510, set out as an Effective Date of 1978 Amendment note under section 634 of Title 15, Commerce and Trade.
42 U.S.C. § 5085 (THE PUBLIC HEALTH AND WELFARE)
§ 5085. Availability of appropriations
Notwithstanding any other provision of law, unless enacted in express and specific limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program under this chapter or any predecessor authority shall remain available, in accordance with the provisions of this chapter, for obligation and expenditure until expended.
(Pub. L. 93–113, title V, § 505, Oct. 1, 1973, 87 Stat. 416.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, known as the Domestic Volunteer Service Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables.
42 U.S.C. § 5106e (THE PUBLIC HEALTH AND WELFARE)
§ 5106e. Coordination of child abuse and neglect programs
The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination among programs related to child abuse and neglect under this subchapter and subchapter III and other such programs which are assisted by Federal funds.
(Pub. L. 93–247, title I, § 109, formerly § 12, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116; renumbered title I, § 111, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; renumbered § 109, Pub. L. 104–235, title I, § 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3079.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 109 of Pub. L. 93–247 was renumbered section 107 and is classified to section 5106c of this title.
42 U.S.C. § 5106f–1 (THE PUBLIC HEALTH AND WELFARE)
§ 5106f–1. Report concerning voluntary reporting system
Not later than April 30, 1993, and annually thereafter, the Secretary of Health and Human Services, acting through the Director of the National Center on Child Abuse and Neglect, shall prepare and submit to the appropriate committees of Congress a report concerning the measures being taken to assist States in implementing a voluntary reporting system for child abuse and neglect. Such reports shall contain information concerning the extent to which the child abuse and neglect reporting systems developed by the States are coordinated with the automated foster care and adoption reporting system required under section 679 of this title.
(Pub. L. 102–295, title I, § 142, May 28, 1992, 106 Stat. 200.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992, and not as part of title I of the Child Abuse Prevention and Treatment Act which comprises this subchapter.
42 U.S.C. § 5106i (THE PUBLIC HEALTH AND WELFARE)
§ 5106i. Rule of construction
(a) In general
Nothing in this subchapter and subchapter III shall be construed—
(1) as establishing a Federal requirement that a parent or legal guardian provide a child any medical 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, child abuse or neglect in cases in which a parent or legal guardian relies solely or partially upon spiritual means rather than medical treatment, in accordance with the religious beliefs of the parent or legal guardian.
(b) State requirement
Notwithstanding subsection (a), a State shall, at a minimum, have in place authority under State law to permit the child protective services system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent 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 disabled 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.
(Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079; amended Pub. L. 111–320, title I, § 121, Dec. 20, 2010, 124 Stat. 3478.)
heading: Editorial Notes
heading: Amendments
text: 2010—Subsec. (a)(2). Pub. L. 111–320 substituted “child abuse or neglect” for “abuse or neglect”.
42 U.S.C. § 5107 (THE PUBLIC HEALTH AND WELFARE)
§ 5107. Discretionary programs; authorization of appropriations
(a)
(1) The Secretary of Health and Human Services, either directly, through grants to States and public and private, nonprofit organizations and agencies, or through jointly financed cooperative arrangements with States, public agencies, and other agencies and organizations, is authorized to provide for activities of national significance related to child abuse prevention and treatment and adoption reform, including operation of a national center to collect and disseminate information regarding child abuse and neglect, and operation of a national adoption information exchange system to facilitate the adoptive placement of children.
(2) The Secretary, in carrying out the provisions of this subsection, shall provide for the continued operation of the National Center on Child Abuse and Neglect in accordance with section 5101(a) of this title for each of the fiscal years 1982 and 1983.
(3) If the Secretary determines, in fiscal year 1982 or 1983, to carry out any of the activities described in section 5101(b) of this title, the Secretary shall carry out such activities through the National Center on Child Abuse and Neglect.
(b) There is authorized to be appropriated to carry out this section $12,000,000 for each of the fiscal years 1982 and 1983. Of the amounts appropriated under this subsection for any fiscal year, not less than $2,000,000 shall be available to carry out title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 [42 U.S.C. 5111 et seq.].
(Pub. L. 97–35, title VI, § 610, Aug. 13, 1981, 95 Stat. 488.)
heading: Editorial Notes
heading: References in Text
text: The Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, referred to in subsec. (b), is Pub. L. 95–266, Apr. 24, 1978, 92 Stat. 205, as amended. Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 is classified generally to subchapter II (§ 5111 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 5101 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Omnibus Budget Reconciliation Act of 1981, and not as part of title I of the Child Abuse Prevention and Treatment Act which comprises this subchapter.
42 U.S.C. § 5114 (THE PUBLIC HEALTH AND WELFARE)
§ 5114. Study and report of unlicensed or unregulated adoption placements
(a) In general
The Secretary shall provide for a study (the results of which shall be reported to the appropriate committees of the Congress not later than eighteen months after June 25, 2003) designed to determine—
(1) the nature, scope, and effects of the interstate (and, to the extent feasible, intrastate) placement of children in adoptive homes (not including the homes of stepparents or relatives of the child in question) by persons or agencies.1
(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.
(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 June 25, 2003.
(c) Interjurisdictional adoption
Not later than 1 year after June 25, 2003, the Secretary shall submit to the appropriate committees of the Congress a report that contains recommendations for an action plan to facilitate the interjurisdictional adoption of foster children.
(Pub. L. 95–266, title II, § 204, Apr. 24, 1978, 92 Stat. 210; Pub. L. 108–36, title II, §§ 203, 204, June 25, 2003, 117 Stat. 821.)
heading: Editorial Notes
heading: Amendments
text: 2003—Pub. L. 108–36 designated existing provisions as subsec. (a), inserted subsec. heading and par. (1) designation, substituted “June 25, 2003” for “April 24, 1978” and “to determine—” for “to determine”, struck out “which are not licensed by or subject to regulation by any governmental entity” after “by persons or agencies”, and added pars. (2) to (4) and subsecs. (b) and (c).
42 U.S.C. § 5116g (THE PUBLIC HEALTH AND WELFARE)
§ 5116g. National network for community-based family resource programs
The Secretary may allocate such sums as may be necessary from the amount provided under the State allotment to support the activities of the lead entity in the State—
(1) to create, operate, and maintain a peer review process;
(2) to create, operate, and maintain an information clearinghouse;
(3) to fund a yearly symposium on State system change efforts that result from the operation of the community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect;
(4) to create, operate, and maintain a computerized communication system between lead entities; and
(5) to fund State-to-State technical assistance through bi-annual conferences.
(Pub. L. 93–247, title II, § 207, formerly § 208, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3086; amended Pub. L. 108–36, title I, § 128, June 25, 2003, 117 Stat. 817; renumbered § 207 and amended Pub. L. 111–320, title I, §§ 138, 141, Dec. 20, 2010, 124 Stat. 3481, 3482.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 5116g, Pub. L. 93–247, title II, § 208, formerly Pub. L. 98–473, title IV, § 409, Oct. 12, 1984, 98 Stat. 2199; renumbered § 208 of Pub. L. 93–247, and amended Pub. L. 101–126, §§ 2(a), 3(a)(3), (c)(3), 4(h), Oct. 25, 1989, 103 Stat. 764, 766, 768, related to reports to Congress, prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a).
A prior section 207 of Pub. L. 93–247 was renumbered section 206 and is classified to section 5116f of this title.
Another prior section 207 of Pub. L. 93–247 was classified to section 5116f of this title prior to the general amendment of this subchapter by Pub. L. 103–252, § 401(a).
heading: Amendments
text: 2010—Pars. (1), (2), (4). Pub. L. 111–320, § 138, inserted a comma after “operate”.
2003—Par. (3). Pub. L. 108–36 substituted “community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect” for “Statewide networks of community-based, prevention-focused, family resource and support programs”.
42 U.S.C. § 5116i (THE PUBLIC HEALTH AND WELFARE)
§ 5116i. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter $80,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015.
(Pub. L. 93–247, title II, § 209, formerly § 210, as added Pub. L. 104–235, title I, § 121, Oct. 3, 1996, 110 Stat. 3088; amended Pub. L. 108–36, title I, § 130, June 25, 2003, 117 Stat. 818; renumbered § 209 and amended Pub. L. 111–320, title I, §§ 140, 141, Dec. 20, 2010, 124 Stat. 3482.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 209 of Pub. L. 93–247 was renumbered section 208 and is classified to section 5116h of this title.
heading: Amendments
text: 2010—Pub. L. 111–320, § 140, substituted “2010” for “2004” and “2011 through 2015” for “2005 through 2008”.
2003—Pub. L. 108–36 amended section catchline and text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this subchapter, $66,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001.”
42 U.S.C. § 5117...5117d (THE PUBLIC HEALTH AND WELFARE)
§§ 5117 to 5117d. Repealed. Pub. L. 104–235, title I, § 142(a), Oct. 3, 1996, 110 Stat. 3089
text: Section 5117, Pub. L. 99–401, title II, § 202, Aug. 27, 1986, 100 Stat. 907, related to congressional findings for this subchapter.
text: Section 5117a, Pub. L. 99–401, title II, § 203, Aug. 27, 1986, 100 Stat. 907; Pub. L. 101–127, § 2(1), Oct. 25, 1989, 103 Stat. 770, related to temporary child care for children with disabilities and chronically ill children.
text: Section 5117b, Pub. L. 99–401, title II, § 204, Aug. 27, 1986, 100 Stat. 907, related to crisis nurseries for children who are abused and neglected, at high risk of abuse and neglect, or who are in families receiving child protective services.
text: Section 5117c, Pub. L. 99–401, title II, § 205, Aug. 27, 1986, 100 Stat. 908; Pub. L. 101–127, §§ 2(2), 3, 4, Oct. 25, 1989, 103 Stat. 770, 771; Pub. L. 101–476, title IX, § 901(a)(3), (g), Oct. 30, 1990, 104 Stat. 1142, 1151; Pub. L. 102–295, title II, § 202, May 28, 1992, 106 Stat. 200, related to administrative provisions.
text: Section 5117d, Pub. L. 99–401, title II, § 206, Aug. 27, 1986, 100 Stat. 909; Pub. L. 100–403, § 1, Aug. 19, 1988, 102 Stat. 1013; Pub. L. 101–127, § 5, Oct. 25, 1989, 103 Stat. 771; Pub. L. 102–295, title II, § 203, May 28, 1992, 106 Stat. 200, related to authorization of appropriations for carrying out this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 99–401, title II, § 207, Aug. 27, 1986, 100 Stat. 909, which provided that title II of Pub. L. 99–401 was effective Oct. 1, 1986, was repealed by Pub. L. 104–235, title I, § 142(a), Oct. 3, 1996, 110 Stat. 3089.
heading: Short Title
text: Pub. L. 99–401, title II, § 201, Aug. 27, 1986, 100 Stat. 907, as amended by Pub. L. 101–127, § 6, Oct. 25, 1989, 103 Stat. 772, which provided that title II of Pub. L. 99–401 be cited as the “Temporary Child Care for Children With Disabilities and Crisis Nurseries Act of 1986”, was repealed by Pub. L. 104–235, title I, § 142(a), Oct. 3, 1996, 110 Stat. 3089.
42 U.S.C. § 5123 (THE PUBLIC HEALTH AND WELFARE)
§ 5123. References
Except as otherwise specifically provided, any reference in this chapter to “State and local”, “State or local”, “State, and local”, “State, or local”, or “State, local” (including plurals) with respect to governments or officials and any reference to a “local government” in sections 5172(d)(3) and 5184 of this title is deemed to refer also to Indian tribal governments and officials, as appropriate.
(Pub. L. 93–288, title I, § 103, as added Pub. L. 113–2, div. B, § 1110(d), Jan. 29, 2013, 127 Stat. 49.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
42 U.S.C. § 5131 (THE PUBLIC HEALTH AND WELFARE)
§ 5131. Federal and State disaster preparedness programs
(a) Utilization of services of other agencies
The President is authorized to establish a program of disaster preparedness that utilizes services of all appropriate agencies and includes—
(1) preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness programs;
(6) application of science and technology;
(7) research.
(b) Technical assistance for the development of plans and programs
The President shall provide technical assistance to the States in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities.
(c) Grants to States for development of plans and programs
Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from May 22, 1974. Any State desiring financial assistance under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall—
(1) set forth a comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments; and
(2) include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises.
(d) Grants for improvement, maintenance, and updating of State plans
The President is authorized to make grants not to exceed 50 per centum of the cost of improving, maintaining and updating State disaster assistance plans, including evaluations of natural hazards and development of the programs and actions required to mitigate such hazards; except that no such grant shall exceed $50,000 per annum to any State.
(Pub. L. 93–288, title II, § 201, May 22, 1974, 88 Stat. 145; Pub. L. 100–707, title I, § 104, Nov. 23, 1988, 102 Stat. 4690.)
heading: Editorial Notes
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–707, § 104(b)(1), struck out “(including the Defense Civil Preparedness Agency)” after “agencies”.
Subsec. (d). Pub. L. 100–707, § 104(a), (b)(2), inserted “including evaluations of natural hazards and development of the programs and actions required to mitigate such hazards;” after “plans,” and substituted “$50,000” for “$25,000”.
42 U.S.C. § 5132 (THE PUBLIC HEALTH AND WELFARE)
§ 5132. Disaster warnings
(a) Readiness of Federal agencies to issue warnings to State and local officials
The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials.
(b) Technical assistance to State and local governments for effective warnings
The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided.
(c) Warnings to governmental authorities and public endangered by disaster
The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 5196(c) of this title or any other Federal communications system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters.
(d) Agreements with commercial communications systems for use of facilities
The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters.
(Pub. L. 93–288, title II, § 202, May 22, 1974, 88 Stat. 145; Pub. L. 103–337, div. C, title XXXIV, § 3412(b)(1), Oct. 5, 1994, 108 Stat. 3111.)
heading: Editorial Notes
heading: Amendments
text: 1994—Subsec. (c). Pub. L. 103–337 substituted “section 5196(c) of this title” for “section 2281(c) of title 50, Appendix,”.
42 U.S.C. § 5134 (THE PUBLIC HEALTH AND WELFARE)
§ 5134. Interagency task force
(a) In general
The President shall establish a Federal interagency task force for the purpose of coordinating the implementation of predisaster hazard mitigation programs administered by the Federal Government.
(b) Chairperson
The Administrator of the Federal Emergency Management Agency shall serve as the chairperson of the task force.
(c) Membership
The membership of the task force shall include representatives of—
(1) relevant Federal agencies;
(2) State and local government organizations (including Indian tribes); and
(3) the American Red Cross.
(Pub. L. 93–288, title II, § 204, as added Pub. L. 106–390, title I, § 103, Oct. 30, 2000, 114 Stat. 1557; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Editorial Notes
heading: Amendments
text: 2011—Subsec. (b). Pub. L. 111–351 substituted “Administrator” for “Director”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
42 U.S.C. § 5141 (THE PUBLIC HEALTH AND WELFARE)
§ 5141. Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.
(Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 5141, Pub. L. 93–288, title III, § 301, May 22, 1974, 88 Stat. 146, set out procedure for determination of existence of emergency or major disaster, prior to repeal by Pub. L. 100–707, § 105(a)(2).