Child Abuse Amendments of 1984
PL 98-457 (H.R.1904), enacted 10/09/1984

PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1749 
Public Law 98-457 
98th Congress 
An Act 
To extend and improve provisions of laws relating to child abuse and neglect and 
adoption, and for other purposes. 
Oct. 9, 1984 
[H.R. 1904] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
Child Abuse 
be cited as the "Child Abuse Amendments of 1984". 
Amendments of 
1984. 
42 u s e 5101 
TITLE I—AMENDMENTS TO CHILD ABUSE PREVENTION 
note. 
AND TREATMENT ACT 
PART A—PROGRAM IMPROVEMENTS 
THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT 
SEC. 101. (a) Section 2(a) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5101(a)) (hereinafter in this title referred 
to as "the Act") is amended by striking out "Health, Education, and 
Welfare" and inserting in lieu thereof "Health and Human Serv-
ices". 
(b) Clauses (6) and (7) of section 2(b) of the Act are amended to 
read as follows: 
"(6) study and investigate the national incidence of child 
abuse and neglect and make findings about any relationship 
between nonpayment of child support and between various 
other factors and child abuse and neglect, and the extent to 
which incidents of child abuse and neglect are increasing in 
number and severity, and, within two years after the date of the 
enactment of the Child Abuse Amendments of 1984, submit 
such findings to the appropriate 0)mmittees of the C!ongress 
together with such recommendations for administrative and 
legislative changes as are appropriate; and 
"(7) in consultation with the Advisory Board on Child Abuse 
and Neglect, annually prepare reports on efforts during the 
preceding two-year period to bring about coordination of the 
goals, objectives, and activities of agencies and organizations 
which have responsibilities for programs and activities related 
to child abuse and neglect, and, not later than March 1, 1985, 
and March 1 of each second year thereafter, submit such a 
report to the appropriate Committees of the Congress.". 
(c) Section 2(c) of the Act is amended by striking out "The 
Secretary may cany out his functions under subsection (b) of this 
section" and inserting in lieu thereof "The functions of the Secre-
tary under subsection (b) of this section may be carried out". 
(d) Section 2 of the Act is further amended by inserting after 
subsection (d) the following new subsection: 
"(e) No funds appropriated under this Act for any grant or 
contract may be used for any purpose other than that for which 
such funds were specifically authorized.". 
Study. 
Reports. 
98 STAT. 1750 
PUBLIC LAW 98-457—OCT. 9, 1984 
DEFINITIONS 
Post, p. 1752. 
SEC. 102. Section 3 of the Act is amended— 
(1) by inserting "(including any employee of a residential 
facility or any staff person providing out-of-home care)" after 
"by a person"; 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new clause: 
"(2)(A) the term 'sexual abuse' includes— 
"(i) the employment, use, persuasion, inducement, entice-
ment, or coercion of any child to engage in, or having a 
child assist any other person to engage in, any sexually 
explicit conduct (or any simulation of such conduct) for the 
purpose of producing any visual depiction of such conduct, 
or 
"(ii) the rape, molestation, prostitution, or other such 
form of sexual exploitation of children, or incest with 
children, 
under circumstances which indicate that the child's health or 
welfare is harmed or threatened thereby, as determined in 
accordance with regulations prescribed by the Secretary; and 
"(B) for the purpose of this clause, the term 'child' or 'chil-
dren' means any individual who has not or individuals who 
have not attained the age of eighteen.". 
DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS 
Grants. 
SEC. 103. (a) Section 4(b)(2)(E) of the Act is amended by striking 
42 use 5103. 
out "his" and inserting in lieu thereof "and the child's". 
(b) Section 4(b)(3) of the Act is amended to read as follows: 
Waiver. 
"(3)(A) Subject to subparagraph (B) of this paragraph, any State 
which on the date of enactment of the Child Abuse Amendments of 
Ante, p. 1749. 
1984 does not qualify for assistance under this subsection may be 
granted a waiver of any requirement under paragraph (2) of this 
subsection— 
"(i) for a period of not more than one year, if the Secretary 
makes a finding that such State is making a good-faith effort to 
comply with any such requirement, and for a second one-year 
period if the Secretary makes a finding that such State is 
making substantial progress to achieve such compliance; or 
"(ii) for a nonrenewable period of not more than two years in 
the case of a State the legislature of which meets only bienni-
ally, if the Secretary makes a finding that such State is making 
a good-faith effort to comply with any such requirement. 
"(B) No waiver under subparagraph (A) may apply to any require-
Post p. 1752. 
ment under paragraph (2)(K) of this subsection.". 
(c) Section 4 of the Act is further amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new subsec-
tion: 
"(e) The Secretary, in consultation with the Advisory Board on 
Child Abuse and Neglect, shall ensure that a proportionate share of 
assistance under this Act is available for activities related to the 
prevention of child abuse and neglect.". 
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1751 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 104. (a) Section 5(a) of the Act is amended— 
42 USC 5104. 
(1) by striking out "(a)" after "SEC. 5."; 
(2) by inserting after the first sentence the following new 
sentence: "There are hereby further authorized to be appropri-
ated for the purposes of this Act $33,500,000 for fiscal year 1984, 
$40,000,000 for fiscal year 1985, $41,500,000 for fiscal year 1986, 
and $43,100,000 for fiscal year 1987."; and 
(3) in the second sentence by striking out "this section" and 
all that follows through the end of such subsection, and insert-
ing in lieu thereof "this section except as provided in the 
succeeding sentence, (A) not less than $9,000,000 shall be avail-
able in each fiscal year to carry out section 4(b) of this Act 
42 use 5103. 
(relating to State grants), (B) not less than $11,000,000 shall be 
available in each fiscal year to carry out sections 4(a) (relating 
to demonstration or service projects), 20t))(l) and 20t))(3) (relating 
42 use 5101. 
to information dissemination), 20t))(5) (relating to research), and 
4(c)(2) (relating to training, technical assistance, and information 
Post, p. 1753. 
dissemination) of this Act, giving special consideration to con-
tinued funding of child abuse and neglect programs or projects 
(previously funded by the Department of Health and Human 
Services) of national or regional scope and demonstated effec-
tiveness, (C) $5,000,000 shall be available in each such year for 
grants and contracts under section 4(a) for identification, treat-
ment, and prevention of sexual abuse, and (D) $5,000,000 shall 
be available in each such year for the purpose of making 
additional grants to the States to carry out the provisions of 
section 4(c)(1) of this Act. With respect to any fiscal year in 
which the total amount appropriated under this section is less 
than $30,000,000, funds shall first be available as provided in 
clauses (A) and (B) in the preceding sentence and of the remain-
der one-half shall be available as provided for in clause (C) and 
one-half as provided for in clause (D) in the preceding sen-
tence.", 
(b) Section 50)) of the Act is repealed. 
42 USC 5104. 
ADVISORY BOARD ON CHILD ABUSE AND NEGLECT 
SEC. 105. (a) The first sentence of section 6(a) of the Act is 
42 use 5105. 
amended by striking out "including" and all that follows thereafter 
through "Administration,". 
(b) Section 6(a) of the Act is further amended by inserting at the 
end thereof the following sentence: "The Advisory Board may be 
available, at the Secretary's request, to assist the Secretary in 
coordinating adoption-related activities of the Federal Govern-
ment". 
(c)(1) Section 60)) of the Act is repealed. 
(2) Subsection (c) of section 6 of the Act is redesignated as subsec-
tion 0)). 
COORDINATION 
SEC. 106. Section 7 of the Act is amended by striking out "be- 
42 use 5106. 
tween" and inserting in lieu thereof "among". 
98 STAT. 1752 
PUBLIC LAW 98-457—OCT. 9, 1984 
PART B—SERVICES AND TREATMENT FOR DISABLED INFANTS 
NEW DEFINITION 
42 use 5102. 
SEC. 121. Section 3 of the Act is further amended— 
(1) by striking out "this Act the term 'child abuse and ne-
glect' " and inserting in lieu thereof the following: "This Act— 
"(1) the term 'child abuse and neglect' "; 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof a semicolon and the word "and"; and 
(3) by adding after clause (2) (as added by section 102(3) of this 
Act) the following new clause: 
"(3) the term 'withholding of medically indicated treatment' 
means the failure to respond to the infant's life-threatening 
conditions by providing treatment (including appropriate nutri-
tion, hydration, and medication) which, in the treating physi-
cian's or physicians' reasonable medical judgment, will be most 
likely to be effective in ameliorating or correcting all such 
conditions, except that the term does not include the failure to 
provide treatment (other than appropriate nutrition, hydration, 
or medication) to an infant when, in the treating physician's or 
physicians' reasonable medical judgment, (A) the infant is 
chronically and irreversibly comatose; (B) the provision of such 
treatment would (i) merely prolong dying, (ii) not be effective in 
ameliorating or correcting all of the infant's life-threatening 
conditions, or (iii) otherwise be futile in terms of the survival of 
the infant; or (C) the provision of such treatment would be 
virtually futile in terms of the survivial of the infant and the 
treatment itself under such circumstances would be inhu-
mane.". 
NEW BASIC STATE GRANT REQUIREMENT 
SEC. 122. Section 4(b)(2) of the Act (42 U.S.C. 5103(b)(2)) is 
amended— 
(1) by striking out "and" at the end of clause (I); 
(2) by striking out the period at the end of clause (J) and 
inserting in lieu thereof a semicolon and the word "and"; and 
(3) by inserting after clause (J) the following new clause: 
"(K) within one year after the date of the enactment of 
Ante, p. 1749. 
the Child Abuse Amendments of 1984, have in place for the 
purpose of responding to the reporting of medical neglect 
(including instances of withholding of medically indicated 
treatment from disabled infants with life-threatening condi-
tions), procedures or programs, or both (within the State 
child protective services system), to provide for (i) coordina-
tion and consultation with individuals designated by and 
within appropriate health-care facilities, (ii) prompt notifi-
cation by individuals designated by and within appropriate 
health-care facilities of cases of suspected medical neglect 
(including instances of withholding of medically indicated 
treatment from disabled infants with life-threatening condi-
tions), and (iii) authority, under State law, for the State 
child protective service system to pursue any legal reme-
dies, including the authority to initiate legal proceedings in 
a court of competent jurisdiction, as may be necessary to 
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1753 
prevent the withholding of medically indicated treatment 
from disabled infants with life-threatening conditions.". 
ADDITIONAL STATE GRANTS AND ASSISTANCE FOR TRAINING, TECHNICAL 
ASSISTANCE, AND CLEARINGHOUSE ACTIVITIES 
SEC. 123. (a) Section 4 of the Act is further amended by— 
(1) redesignating subsection (c) as subsection (d), subsection (d) 
as subsection (e), and subsection (e) as subsection (f); and 
(2) inserting after subsection (b) the following new subsection: 
"(c)(1) The Secretary is authorized to make additional grants to 
the States for the purpose of developing, establishing, and operating 
or implementing— 
"(A) the procedures or programs required under clause (K) of 
subsection (b)(2) of this section; 
"(B) information and education programs or training pro-
grams for the purpose of improving the provision of services to 
disabled infants with life-threatening conditions for (i) profes-
sional and paraprofessional personnel concerned with the wel-
fare of disabled infants with life-threatening conditions, includ-
ing personnel employed in child protective services programs 
and health-care facilities, and (ii) the parents of such infants; 
and 
"(C) programs to help in obtaining or coordinating necessary 
services, including existing social and health services and finan-
cial assistance for families with disabled infants with life-
threatening conditions, and those services necessary to facilitate 
adoptive placement of such infants who have been relinquished 
for adoption. 
"(2)(A) The Secretary shall provide, directly or through grants or 
contracts with public or private nonprofit organizations, for (i) 
training and technical assistance programs to assist States in devel-
oping, establishing, and operating or implementing programs and 
procedures meeting the requirements of clause (K) of subsection 
(b)(2) of this section; and (ii) the establishment and operation of 
national and regional information and resource clearinghouses for 
the purpose of providing the most current and complete information 
regarding medical treatment procedures and resources and commu-
nity resources for the provision of services and treatment for dis-
abled infants with life-threatening conditions (including compiling, 
maintaining, updating, and disseminating regional directories of 
community services and resources (including the names and phone 
numbers of State and local medical organizations) to assist parents, 
families, and physicians and seeking to coordinate the availability of 
appropriate regional education resources for health-care personnel). 
"(B) Not more than $1,000,000 of the funds appropriated for any 
fiscal year under section 5 of this Act may be used to carry out this 
paragraph. 
"(C) Not later than 210 days after the date of the enactment of the 
Child Abuse Amendments of 1984, the Secretary shall have the 
capability of providing and begin to provide the training and techni-
cal assistance described in subparagraph (A) of this paragraph.". 
(b) Section 4 of the Act is further amended by adding after 
paragraph (3) the following new paragraph: 
"(4) Programs or projects related to child abuse and neglect 
assisted under part B of title IV of the Social Security Act shall 
42 u s e 5103. 
Public 
information. 
Ante, p. 1752. 
Contracts with 
U.S. 
42 u s e 5104. 
Ante, p. 1749. 
42 u s e 5103. 
42 u s e 620. 
98 STAT. 1754 
PUBLIC LAW 98-457—OCT. 9, 1984 
comply with the requirements set forth in clauses (B), (C), (E), (F), 
and (K) of paragraph (2).". 
REGULATIONS AND GUIDELINES 
42 use 5103 
SEC. 124. (a)(1) Not later than 60 days after the date of the 
i^ote. 
enactment of this Act, the Secretary of Health and Human Services 
(hereinafter in this part referred to as the "Secretary") shall publish 
proposed regulations to implement the requirements of section 
Ante, p. 1752. 
4(b)(2)(K) of the Act (as added by section 122(3) of this Act). 
(2) Not later than 180 days after the date of the enactment of this 
Act and after completion of a process of not less than 60 days for 
notice and opportunity for public comment, the Secretary shall 
publish final regulations under this subsection. 
(b)(1) Not later than 60 days after the date of the enactment of this 
Act, the Secretary shall publish interim model guidelines to encour-
age the establishment within health-care facilities of committees 
which would serve the purposes of educating hospital personnel and 
families of disabled infants with life-threatening conditions, recom-
mending institutional policies and guidelines concerning the with-
holding of medically indicated treatment (as that term is defined in 
Ante, p. 1752. 
clause (3) of section 3 of the Act (as added by section 121(3) of this 
Act)) from such infants, and offering counsel and review in cases 
involving disabled infants with life-threatening conditions. 
(2) Not later than 180 days after the date of the enactment of this 
Act and after completion of a period of not less than 60 days for 
notice and opportunity for public comment, the Secretary shall 
publish the model guidelines. 
REPORT ON FINANCIAL RESOURCES 
Study. 
SEC. 125. The Secretary shall conduct a study to determine the 
most effective means of providing Federal financial support, other 
42 use 1305. 
than the use of funds provided through the Social Security Act, for 
the provision of medical treatment, general care, and appropriate 
social services for disabled infants with life-threatening conditions. 
Not later than 270 days after the date of the enactment of this Act, 
the Secretary shall report the results of the study to the appropriate 
Committees of the Congress and shall include in the report such 
recommendations for legislation to provide such financial support as 
the Secretary considers appropriate. 
IMPLEMENTATION REPORT 
42 use 5103 
SEC. 126. Not later than October 1, 1987, the Secretary shall 
note. 
submit to the appropriate Committees of the Congress a detailed 
report on the implementation and the effects of the provisions of 
this part and the amendments made by it. 
STATUTORY CONSTRUCTION 
42 use 5101 
SEC. 127. (a) No provision of this Act or any amendment made by 
note. 
this Act is intended to affect any right or protection under section 
29 use 794. 
504 of the Rehabilitation Act of 1973. 
(b) No provision of this Act or any amendment made by this Act 
may be so construed as to authorize the Secretary or any other 
governmental entity to establish standards prescribing specific med-
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1755 
ical treatments for specific conditions, except to the extent that such 
standards are authorized by other laws. 
(c) If the provisions of any part of this Act or any amendment 
made by this Act or the appHcation thereof to any person or 
circumstances be held invalid, the provisions of the other parts and 
their application to other persons or circumstances shall not be 
affected thereby. 
EFFECTIVE DATES 
SEC. 128. (a) Except as provided in subsection (b), the provisions of 
this part or any amendment made by this part shall be effective on 
the date of the enactment of this Act. 
(b)(1) Except as provided in paragraph (2), the amendments made 
by sections 122 and 123(b) of this Act shall become effective one year 
after the date of such enactment. 
(2) In the event that, prior to such effective date, funds have not 
been appropriated pursuant to section 5 of the Act (as amended by 
section 104 of this Act) for the purpose of grants under section 
4(c)(1) of the Act (as added by section 123(a) of this Act), any State 
which has not met any requirement of section 4(b)(2)(K) of the Act 
(as added by section 122(3) of this Act) may be granted a waiver of 
such requirements for a period of not more than one year, if the 
Secretary finds that such State is making a good-faith effort to 
comply with such requirements. 
TITLE II—AMENDMENTS TO THE CHILD ABUSE PREVEN-
TION AND TREATMENT AND ADOPTION REFORM ACT OF 
1978 
Provisions held 
invalid. 
42 u s e 5102 
note. 
Waiver. 
Ante, p. 1753. 
Ante, p. 1752. 
FINDINGS AND DECLARATION OF PURPOSE 
SEC. 201. (a) The first sentence of section 201 of the Child Abuse 
Prevention and Treatment and Adoption Reform Act of 1978 (42 
U.S.C. 5111) (hereinafter in this title referred to as "the Act") is 
amended— 
(1) by inserting "the welfare of thousands of children in 
institutions and foster homes and disabled infants with life-
threatening conditions may be in serious jeopardy and that 
some such children are in need of placement in permanent, 
adoptive homes; that" after "finds that"; and 
(2) by inserting "have medically indicated treatment withheld 
from them, nor" after "should not". 
(b) The second sentence of section 201 of the Act is amended— 
(1) by inserting a comma and "including disabled infants with 
life-threatening conditions," after "special needs"; and 
(2) by amending clause (2) to read as follows: 
"(2) providing a mechanism for the Department of Health and 
Human Services to— 
"(A) promote quality standards for adoption services, pre-
placement, post-placement, and post-legal adoption counsel-
ing, and standards to protect the rights of children in need 
of adoption; 
"(B) coordinate with other Federal departments and 
agencies, including the Bureau of the Census, to provide for 
a national adoption and foster care information data-gath-
ering and analysis system; and 
98 STAT. 1756 
PUBLIC LAW 98-457—OCT. 9, 1984 
"(C) maintain a national adoption exchange to bring 
together children who would benefit by adoption and quali-
fied prospective adoptive parents who are seeking such 
children." 
MODEL ADOPTION LEGISLATION AND PROCEDURES 
42 use 5112. 
SEC. 202. (a) Section 202(a) of the Act is amended by striking out 
"Health, Education, and Welfare" and inserting in lieu thereof 
"Health and Human Services". 
(b) Section 202(c) of the Act is amended by inserting at the end 
thereof the following new sentence: "The Secretary shall coordinate 
efforts to improve State legislation with national, State, and local 
child and family services organizations, including organizations rep-
resentative of minorities and adoptive families.". 
(c) Section 202 of the Act is further amended by inserting at the 
end thereof the following new subsection: 
"(d) The Secretary shall review all model adoption legislation and 
procedures published under this section and propose such changes 
as are considered appropriate to facilitate adoption opportunities for 
disabled infants with life-threatening conditions.". 
INFORMATION AND SERVICES 
42 use 5113. 
SEC. 203. (a) Section 203(a) of the Act is amended by striking out 
"Health, Education, and Welfare" and inserting in lieu thereof 
"Health and Human Services". 
(b)(1) Section 203(a) of the Act is further amended by inserting 
before the period at the end thereof a comma and "including 
services to facilitate the adoption of children with special needs and 
particularly of disabled infants with life-threatening conditions and 
services to couples considering adoption of children with special 
needs". 
(c)(1) Section 2030?) of the Act is amended by striking out in the 
matter preceding clause (1) "subsection (a) of this section" and 
inserting in lieu thereof "this title". 
(2) Section 203(b)(1) of the Act is amended to read as follows: 
"(1) provide (after consultation with other appropriate Fed-
eral departments and agencies, including the Bureau of the 
Census and appropriate State and local agencies) for the estab-
lishment and operation of a Federal adoption and foster care 
data-gathering and analysis system;". 
(3) Section 203(b) of the Act is further amended— 
(A) by striking out "parent groups" in clause (4) and inserting 
in lieu thereof "adoptive family groups and minority groups"; 
(B) by striking out "and" at the end of clause (4); 
(C) by redesignating clause (5) as clause (7) and by inserting 
immediately after clause (4) the following new clauses: 
"(5) encourage involvement of corporations and small busi-
nesses in supporting adoption as a positive family-strengthening 
option, including the establishment of adoption benefit pro-
grams for employees who adopt children; 
"(6) continue to study the nature, scope, and effects of the 
placement of children in adoptive homes (not including the 
homes of stepparents or relatives of the child in question) by 
persons or agencies which are not licensed by or subject to 
regulation by any governmental entity; and"; and 
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1757 
(D) by striking out "Health, Education, and Welfare" and 
inserting in lieu thereof "Health and Human Services" in 
clause (7) (as redesignated by clause (C) of this paragraph). 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 204. Section 205 of the Act is amended by striking out "and" 
after "1978," and by inserting a comma and "and $5,000,000 for each 
of the fiscal years 1984, 1985, 1986, and 1987," after "fiscal years". 
TITLE III—FAMILY VIOLENCE PREVENTION AND SERVICES 
SHORT TITLE 
SEC. 301. This title may be cited as the "Family Violence Preven-
tion and Services Act". 
DECLARATION OF PURPOSE 
SEC. 302. It is the purpose of this title to— 
(1) demonstrate the effectiveness of assisting States in efforts 
to prevent family violence and to provide immediate shelter and 
related assistance for victims of family violence and their de-
pendents; and 
(2) provide for technical assistance and training relating to 
family violence programs to States, local public agencies (in-
cluding law enforcement agencies), nonprofit private organiza-
tions, and other persons seeking such assistance. 
STATE DEMONSTRATION GRANTS AUTHORIZED 
SEC. 303. (a)(1) In order to assist in supporting the establishment, 
maintenance, and expansion of programs and projects to prevent 
incidents of family violence and to provide immediate shelter and 
related assistance for victims of family violence and their depend-
ents, the Secretary is authorized, in accordance with the provisions 
of this title, to make demonstration grants to States. 
(2) No demonstration grant may be made under this subsection 
unless the chief executive officer of the State seeking such grant 
submits an application to the Secretary at such time and in such 
manner as the Secretary may reasonably require. Each such appli-
cation shall— 
(A) provide that funds provided under this subsection will be 
distributed in demonstration grants to local public agencies and 
nonprofit private organizations (including religious and chari-
table organizations, and voluntary associations) for programs 
and projects within such State to prevent incidents of family 
violence and to provide immediate shelter and related assistance 
for victims of family violence and their dependents in order to 
prevent future violent incidents; 
(B) provide, with respect to funds provided to a State under 
this subsection for any fiscal year, that— 
(i) not more than 5 percent of such funds will be used for 
State administrative costs; and 
(ii) in the distribution of funds by the State under this 
subsection, the State will give special emphasis to the 
support of community-based projects of demonstrated effec-
tiveness carried out by nonprofit private organizations, par-
42 u s e 5115. 
Family Violence 
Prevention and 
Services Act. 
42 u s e 10401 
note. 
42 u s e 10401. 
42 u s e 10402. 
98 STAT. 1758 
PUBLIC LAW 98-457—OCT. 9, 1984 
ticularly those projects the primary purpose of which is to 
operate shelters for victims of family violence and their 
dependents, and those which provide counseling, alcohol 
and drug abuse treatment, and self-help services to abusers 
and victims; 
(C) set forth procedures designed to involve knowledgeable 
individuals and interested organizations and assure an equi-
table distribution of grants and grant funds within the State 
and between urban and rural areas within such State; 
(D) specify the State agency to be designated as responsible 
for the administration of programs and activities relating to 
family violence which are carried out by the State under this 
title and for coordination of related programs within the State; 
(E) provide assurances that procedures will be developed to 
assure the confidentiality of records pertaining to any individ-
ual provided family violence prevention or treatment services 
by any program assisted under this title and provide assurances 
that the address or location of any shelter-facility assisted under 
this title will, except with written authorization of the person or 
persons responsible for the operation of such shelter, not be 
made public; 
(F) provide assurances that, within one year after receipt of 
funds under this subsection, the State will, provide assurances 
to the Secretary that the State has or has under consideration a 
procedure for the eviction of an "abusing spouse from a shared 
residence; and 
(G) meet such requirements as the Secretary reasonably de-
termines are necessary to carry out the purposes and provisions 
of this title. 
(3) The Secretary shall approve any application that meets the 
requirements of this subsection, and the Secretary shall not disap-
prove any such application except after reasonable notice of the 
Secretary's intention to disapprove and after opportunity for correc-
tion of any deficiencies. 
Indians. 
(b)(1) The Secretary is authorized to make demonstration grants to 
Indian tribes and tribal organizations for projects designed to pre-
vent family violence and to provide immediate shelter and related 
assistance for victims of family violence and their dependents. 
(2) No demonstration grant may be made under this subsection 
unless an application is made to the Secretary at such time, in such 
manner, and containing or accompanied by such information as the 
Secretary deems essential to carry out the purposes and provisions 
of this title. Such application shall comply, as applicable, with the 
provisions of clauses (C) (with respect only to involving knowledge-
able individuals and organizations), (D), and (E) of subsection (a)(2). 
(c) No demonstration grant may be made under this section in any 
fiscal year to any single entity (other than to a State) for an amount 
in excess of $50,000, and the total amount of such grants to any such 
single entity may not exceed $150,000. A single entity may not be 
awarded demonstration grants under this section for a total period 
in excess of three fiscal years. 
(d) No funds provided through demonstration grants made under 
this section may be used as direct payment to any victim of family 
violence or to any dependent of such victim. 
(e) No income eligibility standard may be imposed upon individ-
uals with respect to eligibility for assistance or services supported 
with funds appropriated to carry out this title. 
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1759 
(f) No demonstration grant may be made under this section to any 
entity other than a State unless the entity provides for the following 
local share as a proportion of the total amount of funds provided 
under this title to the project involved: 35 percent in the first year 
such project receives a grant under this title, 55 percent in the 
second such year, and 65 percent in the third such year. Except in 
the case of a public entity, not less than 50 percent of the local share 
of such agency or organization shall be raised from private sources. 
The local share required under this subsection may be in cash or in-
kind. The local share may not include any Federal funds provided 
under any authority other than this title. 
(g) The Secretary shall assure that not less than 60 percent of the 
funds distributed under subsection (a) or (b) shall be distributed to 
entities for the purpose of providing immediate shelter and related 
assistance to victims of family violence and their dependents. 
ALLOTMENT OF FUNDS 
SEC. 304. (a) From the sums appropriated under section 310 for 
42 use 10403. 
grants to States for any fiscal year, each State shall be allotted for 
payment in a grant authorized under section 303(a) an amount 
which bears the same ratio to such sums as the population of such 
State bears to the population of all States, except that— 
(1) each State shall be allotted not less than whichever is the 
greater of the following amounts: one-half of 1 percent of the 
amounts available for grants under section 303(a) for the fiscal 
year for which the allotment is made, or $50,000; and 
(2) Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands 
shall each be allotted not less than one-eighth of 1 percent of 
the amounts available for grants under section 303(a) for the 
fiscal year for which the allotment is made. 
For the purpose of the exception contained in clause (1) of the 
preceding sentence only, the term "State" does not include Guam, 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands. 
(b) For the purpose of this section, the population of each State, 
and the total population of all the States, shall be determined by the 
Secretary on the basis of the most recent census data available to 
the Secretary, and the Secretary shall use for such purpose, if 
available, the annual interim current census data produced by the 
Secretary of Commerce pursuant to section 181 of title 13, United 
States Code. 
(c) If the sums appropriated under section 310 for any fiscal year 
for grants to States authorized under section 303(a) are not suffi-
cient to pay in full the total amounts which all States are entitled to 
receive under such section for such fiscal year, then the maximum 
amounts which all States are entitled to receive under such section 
for such fiscal year shall be ratably reduced. In the event that 
additional funds become available for making such grants for any 
fiscal year during which the preceding sentence is applicable, such 
reduced amounts shall be increased on the same basis as they were 
reduced. 
(dXl) If, at the end of the sixth month of any fiscal year for which 
sums are appropriated under section 310, the amount allotted to a 
State has not been made available to such State in grants under 
section 303(a) because of the failure of such State to meet the 
98 STAT. 1760 
PUBLIC LAW 98-457—OCT. 9, 1984 
requirements for a grant, then the Secretary shall reallot such 
amount to States which meet such requirements. 
(2) Funds made available by the Secretary through reallotment 
under paragraph (1) shall remain available for expenditure until the 
end of the fiscal year following the fiscal year in which such funds 
become available for reallotment. 
42 u s e 10404. 
Study. 
SECRETARIAL RESPONSIBILITIES 
SEC. 305. (a) The Secretary shall appoint an employee of the 
Department of Health and Human Services to carry out the provi-
sions of this title. The individual appointed under this subsection 
shall, prior to such appointment, have had expertise in the field of 
family violence prevention and services. 
(b) The Secretary shall— 
(1) coordinate all programs within the Department of Health 
and Human Services, and seek to coordinate all other Federal 
programs, which involve the prevention of incidents of family 
violence and the provision of assistance for victims and poten-
tial victims of family violence and their dependents, and ensure 
that such activities as they relate to elderly persons are coordi-
nated with the Administration on Aging and the National 
Institute on Aging within the Department of Health and 
Human Services; 
(2)(A) provide for research into the causes of family violence, 
and into the prevention, identification, and treatment thereof 
(such as research into (i) the effectiveness of reducing repeated 
incidents of family violence through a variety of sentencing 
alternatives, such as incarceration, fines, and counseling pro-
grams, individually or in combination, and through the use of 
civil protection orders removing the abuser from the family 
household, and (ii) the necessity and impact of a mandatory 
reporting requirement relating to incidents of family violence, 
particularly abuse of elderly persons), and (B) make a complete 
study and investigation (in consultation with the National Insti-
tute on Aging) of the national incidence of abuse, neglect, and 
exploitation of elderly persons, including a determination of the 
extent to which incidents of such abuse, neglect, and exploita-
tion are increasing in number or severity; and 
(3) provide for the training of personnel and provide technical 
assistance in the conduct of programs for the prevention and 
treatment of family violence. 
EVALUATION 
Report. 
SEC. 306. Not later than two years after the date on which funds 
42 use 10405. 
are obligated under section 303(a) for the first time after the date of 
the enactment of this title, the Secretary shall review, evaluate, and 
report to the appropriate Committees of the Congress, as to the 
effectiveness of the programs administered and operated pursuant 
to this title, particularly in relation to repeated incidents of family 
violence. Such report shall also include a summary of the assurances 
provided to the Secretary under section 303(a)(2)(F). 
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1761 
DISCRIMINATION PROHIBITED 
SEC. 307. (aXD For the purpose of applying the prohibitions 
against discrimination on the basis of age under the Age Discrimina-
tion Act of 1975, on the basis of handicap under section 504 of the 
Rehabilitation Act of 1973, on the basis of sex under title IX of the 
Education Amendments of 1972, or on the basis of race, color, or 
national origin under title VI of the Civil Rights Act of 1964, 
programs and activities funded in whole or in part with funds made 
available under this part are considered to be programs and activi-
ties receiving Federal financial assistance. 
(2) No person shall on the ground of sex or religion be excluded 
from participation in, be denied the benefits of, or be subject to 
discrimination under, any program or activity funded in whole or in 
part with funds made available under this title. Nothing in this title 
shall require any such program or activity to include any individual 
in any program or activity without taking into consideration that 
individual's sex in those certain instances where sex is a bona fide 
occupational qualification or programmatic factor resisonably neces-
sary to the normal operation of that particular program or activity. 
The Secretary shall enforce the provisions of the preceding sentence 
in accordance with section 602 of the Civil Rights Act of 1964. 
Section 603 of such Act shall apply with respect to any action taken 
by the Secretary to enforce such sentence. This paragraph shall not 
be construed £is affecting any other legal remedy. 
(b) Whenever the Secretary finds that a State or other entity that 
has received financial assistance under this title has failed to 
comply with a provision of law referred to in subsection (aXl), with 
subsection (aX2), or with an applicable regulation (including one 
prescribed to carry out subsection (aX2)), the Secretary shall notify 
the chief executive officer of the State and shall request such officer 
to secure compliance. If, within a reasonable period of time, not to 
exceed sixty days, the chief executive officer fails or refuses to 
secure compliance, the Secretary may— 
(1) refer the matter to the Attorney (Jeneral of the United 
States with a recommendation that an appropriate civil action 
be instituted, 
(2) exercise the powers and functions provided by title VI of 
the Civil Rights Act of 1964, the Age Discrimination Act of 1975, 
sections 504 and 505 of the Rehabilitation Act of 1973, or title IX 
of the Education Amendments of 1972, as may be applicable, or 
(3) take such other action as may be provided by law. 
(c) When a ttiatter is referred to the Attorney General pursuant to 
subsection (bXD, or whenever the Attorney General has reason to 
believe that a State or an entity is engaged in a pattern or practice 
in violation of a provision of law referred to in subsection (aXl) or in 
violation of subsection (aX2), the Attorney General may bring a civil 
action in any appropriate district court of the United States for such 
relief as may be appropriate, including injunctive relief. 
42 u s e 10406. 
42 u s e 6101 
note. 
29 u s e 794. 
20 u s e 1681. 
42 u s e 2000d. 
42 u s e 2000d-l. 
42 u s e 2000d-2. 
42 u s e 2000d. 
42 u s e 6101 
note. 
29 u s e 794, 
794a. 
20 u s e 1681. 
eourts, U.S. 
NATIONAL CLEARINGHOUSE ON FAMILY VIOLENCE PREVENTION 
SEC. 308. (a) The Secretary shall operate a national information 
and research clearinghouse on the prevention of family violence 
(including the abuse of elderly persons) in order to— 
(1) collect, prepare, analyze, and disseminate information and 
statistics and analyses thereof relating to the incidence and 
Public 
information. 
42 u s e 10407. 
98 STAT. 1762 
PUBLIC LAW 98-457—OCT. 9, 1984 
prevention of family violence (particularly the prevention of 
repeated incidents of violence) and the provision of immediate 
shelter and related assistance to victims of family violence and 
their dependents; and 
(2) provide information about alternative sources of assistance 
available with respect to the prevention of incidents of family 
violence and the provision of immediate shelter and related 
assistance to victims of family violence and their dependents. 
(b) The Secretary shall ensure that the activities of the national 
information and research clearinghouse operated under subsection 
(a) are coordinated with the information clearinghouse maintained 
by the National Center on Child Abuse and Neglect under section 2 
42 use 5101. 
of the Child Abuse Prevention and Treatment Act. 
DEFINITIONS 
42 use 10408. 
SEC. 309. As used in this title: 
(1) The term "family violence" means any act or threatened 
act of violence, including any forceful detention of an individ-
ual, which— 
(A) results or threatens to result in physical injury; and 
(B) is committed by a person against another individual 
(including an elderly person) to whom such person is or was 
related by blood or marriage or otherwise legally related or 
with whom such person is or was lawfully residing. 
(2) The terms "Indian tribe" and "tribal organization" have 
the same meanings given such terms in subsections (b) and (c), 
respectively, of section 4 of the Indian Self-Determination and 
25 use 450b. 
Education Assistance Act. 
(3) The terms "Secretary" means the Secretary of Health and 
Human Services. 
(4) The terms "shelter" means the provision of temporary 
refuge and related assistance in compliance with applicable 
State law and regulation governing the provision, on a regular 
basis, of shelter, safe homes, meals, and related assistance to 
victims of family violence and their dependents. 
(5) The term "related assistance"— 
(A) includes counseling and self-help services to abusers, 
victims, and dependents in family violence situations 
(which shall include counseling of all family members to 
the extent feasible) and referrals for appropriate health-
care services (including alcohol and drug abuse treatment), 
and 
(B) may include food, clothing, child care, transportation, 
and emergency services (but not reimbursement for any 
health-care services) for victims of family violence and their 
dependents. 
(6) The term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, and, 
except as otherwise provided, Guam, American Samoa, the 
Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands. 
PUBLIC LAW 98-457—OCT. 9, 1984 
98 STAT. 1763 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 310. (a) There are authorized to be appropriated to carry out 
the provisions of this title $11,000,000 for fiscal year 1985 and 
$26,000,000 for each of the fiscal years 1986 and 1987. 
(b) Of the sums appropriated under subsection (a) for any fiscal 
year, not less than 85 percent shall be used by the Secretary for 
making grants under section 303. 
42 u s e 10409. 
LAW ENFORCEMENT TRAINING AND TECHNICAL ASSISTANCE GRANTS 
AND CONTRACTS 
SEC. 311. (a) From the amount appropriated pursuant to section 
310 for any fiscal year, the Secretary shall make grants and enter 
into contracts for the purpose of providing regionally-beised training 
and technical assistance to provide the personnel of local and State 
law enforcement agencies with means for responding to incidents of 
family violence. 
Ot)) Grants and contracts under this section shall be awarded 
competitively on the basis of an application containing such infor-
mation and assurances as the Secretary may require by regulation. 
In selecting grant and contract recipients, the Secretary shall select 
recipients who have demonstrated their effectiveness in preparing 
the personnel of local and State law enforcement agencies for the 
handling of incidents of family violence and shall give priority to 
those applications which propose projects or programs which will 
develop, demonstrate, or disseminate information with respect to 
improved techniques for responding to incidents of family violence 
by law enforcement officers. 
(c) The Secretary shall delegate to the Attorney General of the 
United States the Secretary's responsibilities for carrjdng out this 
section and shall transfer to the Attorney General from funds 
appropriated under section 310 not in excess of $2,000,000 for each 
fiscal year to be used for the purpose of making grants under this 
section. 
ADMINISTRATION AND STATUTORY CONSTRUCTION 
SEC. 312. (a) In order to carry out the provisions of this title, the 
Secretary is authorized to— 
(1) appoint and fix the compensation of such personnel as are 
necessary; 
(2) procure, to the extent authorized by section 3109 of title 5, 
United States Code, such temporary and intermittent services 
of experts and consultants as are necessary; 
(3) make grants to public and nonprofit private entities or 
enter into contracts with public or private entities; and 
(4) prescribe such regulations as are reasonably necessary in 
order to carry out the purposes and the personnel of local and 
State law enforcement agencies with means for responding to 
incidents of family violence. 
(b) Grants and contracts under this section shall be awarded 
competitively on the basis of an application containing such infor-
mation and assurances as the Secretary may require by regulation. 
In selecting grant and contract recipients, the Secretary shall select 
recipients who have demonstrated their effectiveness in preparing 
the personnel of local and State law enforcement agencies for the 
handling of incidents of family violence and shall give priority to 
42 u s e 10410. 
42 u s e 10411. 
Grants. 
eontracts with 
U.S. 
Regulations. 
Grants. 
Contracts with 
U.S. 
98 STAT. 1764 
PUBLIC LAW 98-457—OCT. 9, 1984 
42 u s e 10412. 
Grants. 
Contracts with 
U.S. 
Regulations. 
those applications which propose projects or programs which will 
develop, demonstrate, or disseminate information with respect to 
improved techniques for responding to incidents of family violence 
by law enforcement officers. 
(c) The Secretary shall delegate to the Attorney General of the 
United States the Secretary's responsibilities for carrying out this 
section and shall transfer to the Attorney General from funds 
appropriated under section 310 not in excess of $2,000,000 for each 
fiscal year to be used for the purpose of making grants under this 
section. 
ADMINISTRATION AND STATUTORY CONSTRUCTION 
SEC. 312. (a) In order to carry out the provisions of this title, the 
Secretary is authorized to— 
(1) appoint and fix the compensation of such personnel as are 
necessary; 
(2) procure, to the extent authorized by section 3109 of title 5, 
United States Code, such temporary and intermittent services 
of experts and consultants as are necessary; 
(3) make grants to public and nonprofit private entities or 
enter into contracts with public or private entities; and 
(4) prescribe such regulations as are reasonably necessary in 
order to carry out the purposes and provisions of this title. 
O
t
)
) Nothing in this title shall be construed to supersede the 
application of State or local requirements for the reporting of 
incidents of suspected child abuse to the appropriate State authori-
ties. 
Approved October 9, 1984. 
LEGISLATIVE HISTORY—H.R. 1904 (S. 1003): 
HOUSE REPORTS: No. 98-159 (Comm. on Education and Labor) and No. 98-1038 
(Comm. on Conference). 
SENATE REPORT No. 98-246 accompanying S. 1003 (Comm. on Labor and Human 
R©sourcGs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Feb. 2, considered and passed House. 
July 26, considered and passed Senate, amended, in lieu of S. 1003. 
Sept. 26, House agreed to conference report. 
Sept. 28, Senate agreed to conference report.