Abandoned Infants Assistance Act Amendments of 1991
PL 102-236 (S.1532), enacted 12/12/1991

105 STAT. 1812 
PUBLIC LAW 102-236—DEC. 12, 1991 
Public Law 102-236 
102d Congress 
An Act 
Dec. 12, 1991 
To revise and extend the programs under the Abandoned Infants Assistance Act of 
[S. 1532] 
1988. 
Be it enacted by the Senate and House of Representatives of the 
Abandoned 
United States of America in Congress assembled, 
Infants 
Assistance Act 
SECTION 1. SHORT TITLE. 
1991. 
This Act may be cited as the "Abandoned Infants Assistance Act 
42 use 670 note. Amendments of 1991". 
SEC. 2. FINDINGS. 
Section 2 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended— 
(1) in paragraph (3), by striking "the vast majority" and 
inserting "an unacceptable number ; 
(2) in paragraph (6), by striking "the number of cases" and all 
that follows and inserting the following: "the number of infants 
and young children who are infected with the 
human 
immunodeficiency virus (which is believed to cause acquired 
immune deficiency syndrome and which is commonly known as 
HIV) or who have been perinatally exposed to the virus or to a 
dangerous drug;"; 
(3) in paragraph (7)— 
(A) by striking "more than 80 percent o f and inserting 
"many such" before "infants"; and 
(B) by striking "with acquired immune 
deficiency 
syndrome"; 
(4) in paragraph (8)— 
(A) by inserting "such" before "infants"; and 
(B) by striking "with acquired immune deficiency S5m-
drome"; and 
(5)(A) in paragraph (9), by striking "and" at the end; 
(B) by redesignating paragraph (10) as paragraph (11); and 
(C) by inserting after paragraph (9) the following new 
paragraph: 
"(10) there is a need to support the families of such infants 
and young children through the provision of services that will 
prevent the abandonment of the infants and children; and". 
SEC. 3. PROGRAM OF DEMONSTRATION PROJECTS REGARDING INFANTS 
AND YOUNG CHILDREN ABANDONED IN HOSPITALS. 
(a) 
PRIORITY REGARDING CERTAIN INFANTS AND YOUNG CHIL-
DREN.— 
(1) IN GENERAL.—Section 101 of the Abandoned Infants Assist-
ance Act of 1988 (42 U.S.C. 670 note) is amended— 
(A) by redesignating subsections (b) through (f) as subsec-
tions (c) through (g), respectively; and 
(B) by inserting after subsection (a) the following new 
subsection: 
PUBLIC LAW 102-236—DEC. 12, 1991 
105 STAT. 1813 
"(b) PRIORITY IN PROVISION OF SERVICES.—The Secretary may 
not 
make a grant under subsection (a) unless the apphcant for the grant 
agrees that, in carrjdng out the purpose described in subsection (a) 
(other than with respect to paragraph (6) of such subsection), the 
applicant will give priority to abandoned infants and young 
children— 
"(1) who are infected with the human immunodeficiency virus 
or who have been perinatally exposed to the virus; or 
"(2) who have been perinatally exposed to a dangerous drug.". 
(2) CONFORMING AMENDMENTS.—Section 101 of the Abandoned 
Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended— 
(A) in subsection (a)— 
(i) in paragraph (6), by striking "with acquired 
immune deficiency sjnidrome" and inserting "described 
in subsection (b)"; 
(ii) in each of paragraphs (2), (4), (5), and (7), by 
?' 
striking ", particularly those with acquired immune 
deficiency syndrome"; and 
(iii) in paragraph (3), by striking ", particularly those 
with acquired immune deficiency sjoidrome,"; and 
(B) in subsection (dXD (as redesignated by paragraph 
(IXA) of this subsection), by striking "(d)" and inserting 
"(e)". 
(b) COMPREHENSIVE SERVICE CENTERS.—Section 101(a) of the Aban-
doned Infants Assistance Act of 1988, as amended by subsection (a) 
of this section, is amended— 
(1) in paragraph (6), by striking "and" after the semicolon at 
the end; 
(2) in paragraph (7), by striking the period at the end and 
inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(8) to prevent the abandonment of infants and young chil-
dren, and to care for the infants and young children who have 
been abandoned, through model programs providing health, 
educational, and social services at a single site in a geographic 
area in which a significant number of infants and young chil-
dren described in subsection (b) reside (with special consider-
ation given to applications from entities that will provide the 
services of the project through community-based organiza-
tions).". 
(c) OTHER REVISIONS REGARDING PURPOSE OF GRANTS.—Section 
101(a) of the Abandoned Infants Assistance Act of 1988, as amended 
by subsections (a) and (b) of this section, is amended— 
(1) in paragraph (1), by inserting before the semicolon the 
following: ", including the provision of services to members of 
the natural family for any condition that increases the prob-
ability of abandonment of an infant or young child"; and 
(2) in paragraph (5), by inserting before the semicolon the 
following: "who are unable to reside with their families or to be 
placed in foster care". 
(d) ADMINISTRATION OF GRANT.—Section 101(d) of the Abandoned 
Infants Assistance Act of 1988, as redesignated and amended by 
subsection (a) of this section, is amended— 
(1) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) through (D); 
105 STAT. 1814 
PUBLIC LAW 102-236—DEC. 12, 1991 
(2) in the matter preceding subparagraph (A) (as so redesig-
nated), by striking "(d) ADMINISTRATION" and all that follows 
through "The Secretary" and inserting the following: 
"(d) ADMINISTRATION OF GRANT.— 
"(1) The Secretary"; 
(3) by moving each of subparagraphs (A) through (D) (as so 
redesignated) 2 ems to the right; and 
(4) by adding at the end the following new paragraph: 
"(2) Subject to the availability of amounts made available in 
appropriations Acts for the fiscal year involved, the duration of 
a grant under subsection (a) shall be for a period of 3 years, 
except that the Secretary— 
"(A) may terminate the grant if the Secretary determines 
that the entity involved has substantially failed to comply 
with the agreements required as a condition of the provi-
sion of the grant; and 
"(B) shall continue the grant for one additional year if 
the Secretary determines that the entity has satisfactorily 
complied with such agreements.". 
SEC. 4. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY. 
(a) DISSEMINATION OF INFORMATION TO INDIVIDUALS WITH SPECIAL 
NEEDS.—Section 102 of the Abandoned Infants Assistance Act of 
1988 (42 U.S.C. 670 note) is amended— 
(1) by redesignating subsections (b) and (c) as subsections (c) 
and (d), respectively; and 
(2) by inserting after subsection (a) the following new subsec-
tion: 
Contracts. 
"(b) DISSEMINATION OF INFORMATION TO INDIVIDUALS WiTH SPECIAL 
NEEDS.— 
"(1)(A) The Secretary may enter into contracts or cooperative 
agreements with public or nonprofit private entities for the 
development and operation of model projects to disseminate the 
information described in subparagraph (B) to individuals who 
are disproportionately at risk of dysfunctional behaviors that 
lead to the abandonment of infants or young children. 
"(B) The information referred to in subparagraph (A) is 
information on the availability to individuals described in such 
subparagraph, and the families of the individuals, of financial 
assistance and services under Federal, State, local, and private 
programs providing health services, mental health services, 
educational services, housing services, social services, or other 
appropriate services. 
"(2) The Secretary may not provide a contract or cooperative 
agreement under paragraph (1) to an entity unless— 
"(A) the entity has demonstrated expertise in the func-
tions with respect to which such financial assistance is to be 
provided; and 
"(B) the entity agrees that in disseminating information 
on programs described in such paragraph, the entity will 
give priority— 
"(i) to providing the information to individuals de-
scribed in such paragraph who— 
"(I) engage in the abuse of alcohol or drugs, who 
are infected with the human immunodeficiency 
virus, or who have limited proficiency in speaking 
' 
the English language; or 
PUBLIC LAW 102-236—DEC. 12,1991 
105 STAT. 1815 
"(11) have been historically underserved in the 
provision of the information; and 
"(ii) to providing information on programs that are 
operated in the geographic area in which the individ-
uals involved reside and that will assist in eliminating 
or reducing the extent of behaviors described in such 
paragraph. 
"(3) In providing contracts and cooperative agreements under 
paragraph (1), the Secretary may not provide more than 1 such 
contract or agreement with respect to any geographic area. 
"(4) Subject to the availability of amounts made available in 
appropriations Acts for the fiscal year involved, the duration of 
a contract or cooperative agreement under paragraph (1) shall 
be for a period of 3 years, except that the Secretary may 
terminate such financial assistance if the Secretary determines 
that the entity involved has substantially failed to comply with 
the agreements required as a condition of the provision of the 
assistance.", 
(b) STUDY.—Section 102(c) of the Abandoned Infants Assistance 
Act of 1988, as amended by subsection (a) of this subsection, is 42 USC 670 note, 
amended— 
(1) in parEigraph (IXA), by striking "infants who have acquired 
immune deficiency syndrome" and inserting "infants and young 
children who are infants and young children described in sec-
tion 101(b)"; and 
(2) in paragraph (2), by striking "The Secretary and all that 
follows through "Act," and inserting the following: "Not later 
than April 1,1992, the Secretary shall". 
SEC. 5. DEFINITIONS. 
Section 103 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended to read as follows: 
"SEC. 103. DEFINITIONS. 
"For purposes of this title: 
"(1) The terms 'abandoned' and 'abandonment', 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 out-of-hospital placement alternatives. 
"(2) The term 'dangerous drug' means a controlled substance, 
as defined in section 102 of the Controlled Substances Act. 
"(3) 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 who are in a 
care-giving situation with respect to infants and young children 
covered under this Act.". 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
Section 104 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is amended by striking "For the purpose" and all 
that follows and inserting the following: 
"(a) IN GENERAL.— 
"(1) For the purpose of carrying out this title (other than 
section 102(b)), there are authorized to be appropriated 
$20,000,000 for fiscal year 1992, $25,000,000 for fiscal year 1993, 
105 STAT. 1816 
PUBLIC LAW 102-236—DEC. 12, 1991 
$30,000,000 for fiscal year 1994, and $35,000,000 for fiscal year 
1995. 
"(2)(A) Of the amounts appropriated under paragraph (1) for 
any fiscal year in excess of the amount appropriated under this 
subsection for fiscal year 1991, as adjusted in accordance with 
subparagraph (B), the Secretary shall make available not less 
than 50 percent for grants under section 101(a) to carry out 
projects described in paragraph (8) of such section. 
"(B) For purposes of subparagraph (A), the amount relating to 
fiscal year 1991 shall be adjusted for a fiscal year to a greater 
amount to the extent necessary to reflect the percentage in-
crease in the consumer price index for all urban consumers 
(U.S. city average) for the 12-month period ending with March 
of the preceding fiscal year, 
"(3) Not more than 5 percent of the amounts appropriate 
under paragraph (1) for any fiscal year may be obligated for 
carrying out section 102(a). 
"(b) DISSEMINATION OF INFORMATION FOR INDIVIDUALS WITH SPE-
CIAL NEEDS.—For the purpose of carrying out section 102(b), there is 
authorized to be appropriated $5,000,000 for each of the fiscal years 
1992 through 1995. 
"(c) ADMINISTRATIVE EXPENSES.— 
"(1) For the purpose of the administration of this title by the 
Secretary, there is authorized to be appropriated for each fiscal 
year specified in subsection (a)(1) an amount equal to 5 percent 
of the amount authorized in such subsection to be appropriated 
for the fiscal year. With respect to the amounts appropriated 
under such subsection, the preceding sentence may not be 
construed to prohibit the expenditure of the amounts for the 
purpose described in such sentence, 
"(2) The Secretary may not obligate any of the amounts 
appropriated under paragraph (1) for a fiscal year unless, from 
the amounts appropriated under subsection (a)(1) for the fiscal 
year, the Secretary has obligated for the purpose described in 
such paragraph an amount equal to the amounts obligated by 
the Secretary for such purpose in fiscal year 1991, 
"(d) AvAiLABiUTY OF FuNDS,—Amounts appropriated under this 
section shall remain available until expended.". 
SEC. 7. CONFORMING AMENDMENT. 
The heading for title I of the Abandoned Infants Assistance Act of 
1988 (42 U.S.C. 670 note) is amended to read as follows: 
"TITLE I—PROJECTS REGARDING ABAN-
DONMENT OF INFANTS AND YOUNG 
CHILDREN IN HOSPITALS". 
SEC. 8. TERMINATION OF PROGRAM. 
Section 105 of the Abandoned Infants Assistance Act of 1988 (42 
U.S.C. 670 note) is repealed. 
SEC. 9. OLDER WORKERS BENEFIT PROTECTION ACT AMENDMENT. 
Amend section 105 of the Older Workers Benefit Protection Act 
29 use 623 note. (Public Law 101-433) by striking the semicolon at the end of para-
graph (b)(1) and inserting thereafter the following: "; or that is a 
PUBLIC LAW 102-236—DEC. 12, 1991 
105 STAT. 1817 
result of pattern collective bargaining in an industry where the 
agreement setting the pattern was ratified after September 20, 1990, 
but prior to the date of enactment, and the final agreement in the 
industry adhering to the pattern was ratified after the date of 
enactment, but not later than November 20,1990;". 
Approved December 12, 1991. 
LEGISLATIVE HISTORY—S. 1532 (H.R. 2722): 
HOUSE REPORTS: No. 102-209, Pt. 1 (C!omm. on Education and Labor) and Ft. 2 
(Comm. on Energy and C!ommerce), both accompanying 
H.R. 2722. 
SENATE REPORTS: No. 102-161 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Oct. 29, considered and passed Senate. 
Nov. 19, H.R. 2722 considered and passed House; S. 1532, amended, passed 
in lieu. 
Nov. 26, Senate concurred in House amendments with an amendment. 
House concurred in Senate amendment. 
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