Child Abuse Prevention Challenge Grants Reauthorization Act of 1989
PL 101-126 (H.R.2087), enacted 10/25/1989

103 STAT.\764 
PUBLIC LAW 101-126—OCT. 25, 1989 
Public Law 101-126 
101st Congress 
Oct. 25, 1989 
[H.R. 2087] 
Child Abuse 
Prevention 
Challenge 
Grants 
Reauthorization 
Act of 1989. 
42 u s e 5101 
note. 
42 u s e 5116-
5116g. 
42 u s e 5116b 
note. 
42 u s e 5101-
5106h. 
An Act 
To transfer a certain program with respect to child abuse from title IV of Public Law 
98-473 to the Child Abuse Prevention and Treatment Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Child Abuse Prevention Challenge 
Grants Reauthorization Act of 1989". 
SEC. 2. TRANSFER OF CERTAIN PROGRAM TO CHILD ABUSE PREVENTION 
AND TREATMENT ACT. 
(a) IN GENERAL.—Sections 402 through 409 of title IV of Public 
Law 98-473 (98 Stat. 2197 et seq.) a r e -
C
D transferred to the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5101 et seq.); 
(2) redesignated as sections 201 through 208, respectively; and 
(3) in the appropriate sequence, inserted after section 15 of 
the Child Abuse Prevention and Treatment Act. 
(b) AVAILABILITY OF APPROPRIATIONS.—With respect to amounts 
made available in appropriation Acts for carrying out the program 
transferred by subsection (a) to the Child Abuse Prevention and 
Treatment Act, the transfer of such program may not be construed 
to affect the availability of such amounts for carrying out such 
program. 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO CHILD ABUSE 
PREVENTION AND TREATMENT ACT. 
(a) IN GENERAL.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by section 2 of this Act, is 
further amended— 
(1) by redesignating sections 2 through 15 as sections 101 
through 114, respectively; 
(2) by inserting before section 101 (as so redesignated) the 
following new heading: 
"TITLE I—GENERAL PROGRAM"; 
42 u s e 5102. 
and 
(3) by inserting before section 201 the following new heading: 
'TITLE II—GRANTS WITH RESPECT TO 
ENCOURAGING STATES TO MAINTAIN 
CERTAIN FUNDING MECHANISMS". 
(b) CROSS-REFERENCES IN TITLE I.—The Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5101 et seq.), as amended by the 
preceding provisions of this Act, is further amended— 
(1) in section 102— 
PUBLIC LAW 101-126 —OCT. 25, 1989 
103 STAT. 765 
(A) in subsection (cXlXA), by striking "section 4" and 
inserting "section 103"; 
(B) in subsection (e), by striking "section 4(f)" and insert-
ing "section 103(f)"; and 
(C) in subsection (fX2XE), by striking "sections 6 and 7" 
and inserting "sections 105 and 106"; 
(2) in section 104(b)— 
42 USC 5104. 
(A) in paragraph (1), by striking "section 6(b)" and insert-
ing "section 105(b)"; and 
(B) in paragraph (2XB), by striking "section 105(aXl)" and 
inserting "section 105(a)(1) of the Child Abuse Prevention, 
Adoption, and Family Services Act of 1988"; 
(3) in section 105— 
42 USC 5105. 
(A) in subsection (aX2XA), by striking "section 7" and 
inserting "section 106"; and 
(B) in subsection (bX3), by striking "section 5" and "sec-
tion 10" and inserting "section 104" and "section 109", 
respectively; 
(4) in section 108— 
42 USC 5106b. 
(A) in subsection (aXD, by striking "section 8(bX10)" and 
inserting "section 107(bX10)"; and 
(B) in subsection (b), by striking "this Act" and inserting 
"this title"; 
(5) in section 109(bXl), by striking "sections 8(b)" and all that 
42 USC 5106c. 
follows and inserting the following: "sections 1070t)) and 107(e) 
or receive a waiver under section 107(c);"; 
(6) in section 1120a)— 
42 USC 5106f. 
(A) in paragraph (1), by striking "section 10" and insert-
ing "section 109"; and 
(B) in paragraph (2), by striking "section 9" and inserting 
"section 108'^ 
(7) in section 113— 
42 USC 5106g. 
(A) in the matter preceding paragraph (1), by striking 
"this Act" and inserting "this title"; 
(B) in paragraph (1), by striking "section 3" and inserting 
"section 102"; 
(C) in paragraph (2), by striking "section 2" and inserting 
"section 101"; and 
(D) in paragraph (9), by striking "section 4" and inserting 
"section 103"; and 
(8) in section 114— 
42 USC 5106h. 
(A) in subsection (a)— 
(i) in the first sentence, by striking "this Act" and 
inserting "this title"; and 
(ii) in the second sentence— 
(I) by striking "sections 5, 6, and 7" and inserting 
"sections 104,105, and 106"; 
(II) by striking "sections 8(a) and 9 of this Act" 
and inserting "sections 107(a) and 108"; 
(III) by striking "section 7(a) of this Act" and 
inserting "section 106(a)"; and 
(IV) by striking "section 8(f) of this Act" and 
inserting "section 107(f)"; and 
(B) in subsection (b), by striking "this Act" and inserting 
"this title". 
103 S T A T : 766 
PUBLIC LAW 101-126--OCT. 25, 1989 
42 u s e 5116 et 
seq. 
42 u s e 5116d. 
42 u s e 5116g. 
42 u s e 5116. 
42 u s e 5116a. 
(c) CROSS-REFERENCES IN TITLE IL—The Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5101 et seq.), as amended by the 
preceding provisions of this Act, is further amended— 
(1) in title II, by striking "sections 402 to 409" each place such 
term appears and inserting "this title"; 
(2) in section 205(bXlXA)— 
(A) by striking "section 2" and all that follows through 
"Treatment Act and inserting "section 101"; and 
(B) by striking "section 5" and inserting "section 204"; 
and 
(3) in section 208, by striking "section 6(b)(lXC)" and inserting 
"section 205(bXlXC)". 
(d) TABLE OF CONTENTS.—The Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5101 et seq.), as otherwise amended by this Act, 
is amended in section 1(b), in the table of contents— 
(1) by redesignating the items relating to sections 2 through 
15 as items relating to sections 101 through 114, respectively; 
(2) by inserting after the item relating to section 1 the follow-
ing new item relating to title I: 
"TITLE I—GENERAL PROGRAM"; 
and 
(3) by adding at the end the following new items: 
"TITLE II-GRANTS WITH RESPECT TO ENCOURAGING STATES TO 
MAINTAIN CERTAIN FUNDING MECHANISMS 
"Sec. 201. Findings and purpose. 
"Sec. 202. Definitions. 
"Sec. 203. Grants authorized. 
"Sec. 204. State eligibility. 
"Sec. 205. Limitations. 
"Sec. 206. Withholding. 
"Sec. 207. Audit. 
"Sec. 208. Report.". 
SEC. 4. STYLISTIC MODIFICATION OF TRANSFERRED PROGRAM. 
(a) SECTION 201.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by the preceding provisions of 
this Act, is amended in section 201— 
(1) by striking all that follows through "The Congress finds 
that—" in subsection (a) and inserting the following: 
"SEC. 201. FINDINGS AND PURPOSE. 
"(a) FINDINGS.—The Congress finds that—"; and 
(2) in subsection (b), by inserting "PURPOSE.—" after the 
subsection designation. 
(b) SECTION 202.— 
(1) DEFINITIONS.—The Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5101 et seq.), as amended by the preceding 
provisions of this Act, is amended in section 202 bv striking the 
section heading and all that follows through "As used" and 
inserting the following: 
"SEC. 202. DEFINITIONS. 
"As used". 
(2) STATE.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by the preceding provisions 
of this Act, is amended in section 202 by striking out paragraph 
(2) and inserting in lieu thereof the following new paragraph: 
PUBLIC LAW 101-126—OCT. 25,1989 
103 STAT. 767 
"(2) the term 'State' means any of the several States, the 
District of Columbia, the Virgin Islands of the United States, 
the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, the Mar-
shall Islands, the Federated States of Micronesia, or Palau.". 
(c) SECTION 203.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C 5101 et seq.), as amended by the preceding provisions of 
this Act, is amended in section 203— 
(1) by striking the section heading and all that follows 
through "The Secretary" in subsection (a) and inserting the 
following: 
"SEC. 203. GRANTS AUTHORIZED. 
"(a) IN GENERAL.—The Secretary"; 
(2) in subsection (b), by inserting "PAYMENTS.—" after the 
subsection designation; and 
(3) in subsection (c), by inserting "AUTHORIZATION OF APPRO-
PRIATIONS.—" after the subsection designation. 
(d) SECTION 204.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as smiended by the preceding provisions of 
this Act, is amended in section 204 by striking the section heading 
and all that follows through "Any State" in the matter preceding 
paragraph (1) and inserting the following: 
"SEC. 204. STATE ELIGIBILITY. 
"Any State". 
(e) SECTION 205.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by the preceding provisions of 
this Act, is amended in section 205— 
(1) by striking the section heading and all that follows 
through "Any grant" in subsection (a)(1) and inserting the 
following: 
"SEC. 205. LIMITATIONS. 
"(a) AMOUNT OF GRANT.— 
"(1) IN GENERAL.—Any grant"; 
(2) in subsection (a)— 
(A) in paragraph (1), by moving subparagraphs (A) and (B) 
two ems to the right so that the left margins of such 
subparagraphs are indented 6 ems; and 
(B) in paragraph (2), by striking all that follows through 
"paragraph (1)" and inserting the following: 
"(2) DEFINITION.—For purposes of paragraph (IXB)"; and 
(3) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking all that follows through "No grant" in 
'''- 
the matter preceding subparagraph (A) and inserting 
the following: 
"(b) APPUCATION.— 
"(1) REQUIREMENTS.—No grant"; and 
(ii) by moving subparagraphs (A) through (C) two ems to 
the right so that the left margins of such subparagraphs are 
indented 6 ems; and 
(B) in paragraph (2), by striking all that follows through 
"The Secretary" and inserting the following: 
rf, 
"(2) APPROVAL.—The Secretary . 
42 u s e 5116b. 
42 u s e 5116c. 
42 u s e 5116d. 
103 STAT. 768 
PUBLIC LAW 101-126—OCT. 25, 1989 
42 u s e 5116e. 
42 use 5116f. 
42 use 5116g. 
42 u s e 5116b. 
42 u s e 5104. 
eontracts. 
state and local 
governments. 
(D SECTION 206.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by the preceding provisions of 
this Act, is amended in section 206 by striking the section heading 
and all that follows through "Whenever the Secretary" and insert-
ing the following: 
"SEC. 206. WITHHOLDING. 
"Whenever the Secretary". 
(g) SECTION 207.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by the preceding provisions of 
this Act, is amended in section 207 by striking the section heading 
and all that follows through "The Comptroller General" and insert-
ing the following: 
"SEC. 207. AUDIT. 
"The Comptroller General". 
(h) SECTION 208.—The Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5101 et seq.), as amended by the preceding provisions of 
this Act, is amended in section, 208 by striking the section heading 
and all that follows through "The Secretary" and inserting the 
following: 
"SEC. 208. REPORT. 
"The Secretary". 
SEC. 5. AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
TRANSFERRED 
PROGRAM. 
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.), as amended by the preceding provisions of this Act, is amended 
in section 203(c) by striking "There is authorized" and all that 
follows and inserting the following: "For the purpose of carrying out 
this title, there are authorized to be appropriated such sums as may 
be necessary for each of the fiscal years 1989 through 1991, but in no 
event shall amounts so appropriated exceed $7,000,000 in any fiscal 
year.". 
SEC. 6. AUTHORITY, WITH RESPECT TO TRANSFERRED PROGRAM, OF NA-
TIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
CHILD ABUSE. 
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.), as amended by the preceding provisions of this Act, is amended 
in section 104(b)— 
(1) by striking "and" after the semicolon at the end of para-
graph (1); 
(2) by striking the period at the end of paragraph (2)(D) and 
inserting "; and '; and 
(3) by adding at the end the following new paragraph: 
"(3) directly or through contract, identify effective programs 
carried out by the States pursuant to title II and provide 
technical assistance to the States in the implementation of such 
programs.". 
SEC. 
7
. STUDY 
OF 
TRANSFERRED 
PROGRAM BY 
GENERAL 
ACCOUNTING 
OFFICE. 
(a) IN GENERAL.—With respect to the program transferred by 
section 2(a) to the Child Abuse Prevention and Treatment Act, the 
Comptroller General of the United States shall conduct a study of 
the trust funds or other funding mechanisms established by the 
PUBLIC LAW 101-126—OCT. 25, 1989 
103 STAT. 769 
States pursuant to the program for the purpose of determining, for 
-^ 
each Stiate with such a funding mechanism— 
(1) whether the amounts provided by the Federal Government 
under the program are the only Federal funds received by the 
State for child abuse prevention activities; 
(2) if Federal funds received under the program are not the 
only Federal funds received by the State for such activities, 
whether receiving the Federal funds under multiple programs 
constituted an unnecessary administrative burden for the State, 
and if so, a description of the nature of the burden; 
(3) the extent to which, in the fund, amounts received by the 
State from the Federal Government under the program, to-
gether with State funds contributed pursuant to the program, 
are commingled with other Federal and State funds, including a 
specification of the total amount contributed by the State to the 
fund and the percentage constituted by such amount; and 
(4) the amount expended by the State from the fund for each 
of the activities authorized in the eligibility provisions of the 
program, the percentage of the fund constituted by each such 
amount, and the policies underljdng the allocation among such 
* 
activities of amounts in the fund, 
(b) REPORT.—The Comptroller General of the United States shall, 
not later than September 30, 1990, complete the study required in 
subsection (a) and submit to the Congress a report describing the 
findings made as a result of the study. 
SEC. 8. EFFECTIVE DATE. 
42 USC 5102 
This Act and the amendments made by this Act shall take effect 
October 1, 1989, or upon the date of the enactment of this Act, 
whichever occurs later. 
Approved October 25, 1989. 
•-3t\ 
LEGISLATIVE HISTORY—H.R. 2087 (S. 1455): 
HOUSE REPORTS: No. 101-113 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
July 11, considered and passed House. 
Sept. 20, considered and passed Senate, amended, in lieu of S. 1455. 
Oct. 11, House concurred in Senate amendment. 
o