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Pub.L. 104-236 To provide for the nationwide tracking of convicted sexual predators, and for other purposes. <> ...


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[[Page 110 STAT. 3063]]

Public Law 104-235
104th Congress

                                 An Act


 
To modify and reauthorize the Child Abuse Prevention and Treatment Act, 
       and for other purposes. <<NOTE: Oct. 3, 1996 -  [S. 919]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child Abuse 
Prevention and Treatment Act Amendments of 1996.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 42 USC 5101 note.>>  Short Title.--This Act may be cited 
as the ``Child Abuse Prevention and Treatment Act Amendments of 1996''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

   TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 100. Findings.

                       Subtitle A--General Program

Sec. 101. Office on Child Abuse and Neglect.
Sec. 102. Advisory Board on Child Abuse and Neglect.
Sec. 103. Repeal of Inter-Agency Task Force on Child Abuse and Neglect.
Sec. 104. National clearinghouse for information relating to child 
           abuse.
Sec. 105. Research, evaluation and assistance activities.
Sec. 106. Grants for demonstration programs.
Sec. 107. State grants for prevention and treatment programs.
Sec. 108. Repeal.
Sec. 109. Miscellaneous requirements.
Sec. 110. Definitions.
Sec. 111. Authorization of appropriations.
Sec. 112. Rule of construction.
Sec. 113. Technical and conforming amendments.

     Subtitle B--Community-Based Family Resource and Support Grants

Sec. 121. Establishment of program.

 Subtitle C--Certain Preventive Services Regarding Children of Homeless 
              Families or Families At Risk of Homelessness

Sec. 131. Repeal of title III.

                  Subtitle D--Miscellaneous Provisions

Sec. 141. Table of contents.
Sec. 142. Repeals of other laws.

                   TITLE II--AMENDMENTS TO OTHER ACTS

         Subtitle A--Family Violence Prevention and Services Act

Sec. 201. State demonstration grants.
Sec. 202. Allotments.
Sec. 203. Authorization of appropriations.

Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform Act 
                of 1978 (``Adoption Opportunities Act'')

Sec. 211. Findings and purpose.

[[Page 110 STAT. 3064]]

Sec. 212. Information and services.
Sec. 213. Authorization of appropriations.

          Subtitle C--Abandoned Infants Assistance Act of 1988

Sec. 221. Priority requirement.
Sec. 222. Reauthorization.

             Subtitle D--Reauthorization of Various Programs

Sec. 231. Missing Children's Assistance Act.
Sec. 232. Victims of Child Abuse Act of 1990.

   TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

SEC. 100. FINDINGS.

    Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5101 note) is amended--
            (1) in paragraph (1), to read as follows:
            ``(1) each year, close to 1,000,000 American children are 
        victims of abuse and neglect;'';
            (2) in paragraph (3)(C), by inserting ``assessment,'' after 
        ``prevention,'';
            (3) in paragraph (4)--
                    (A) by striking ``tens of''; and
                    (B) by striking ``direct'' and all that follows 
                through the semicolon and inserting ``tangible 
                expenditures, as well as significant intangible 
                costs;'';
            (4) in paragraph (7), by striking ``remedy the causes of'' 
        and inserting ``prevent'';
            (5) in paragraph (8), by inserting ``safety,'' after 
        ``fosters the health,'';
            (6) in paragraph (10)--
                    (A) by striking ``ensure that every community in the 
                United States has'' and inserting ``assist States and 
                communities with''; and
                    (B) after ``child'' insert ``and family''; and
            (7) in paragraph (11)--
                    (A) by striking ``child protection'' each place that 
                such term appears and inserting ``child and family 
                protection''; and
                    (B) in subparagraph (D), by striking ``sufficient''.

                       Subtitle A--General Program

SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

    Section 101 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5101) is amended to read as follows:

``SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

    ``(a) Establishment.--The Secretary of Health and Human Services may 
establish an office to be known as the Office on Child Abuse and 
Neglect.
    ``(b) Purpose.--The purpose of the Office established under 
subsection (a) shall be to execute and coordinate the functions and 
activities of this Act. In the event that such functions and

[[Page 110 STAT. 3065]]

activities are performed by another entity or entities within the 
Department of Health and Human Services, the Secretary shall ensure that 
such functions and activities are executed with the necessary expertise 
and in a fully coordinated manner involving regular intradepartmental 
and interdepartmental consultation with all agencies involved in child 
abuse and neglect activities.''.

SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

    Section 102 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5102) is amended to read as follows:

``SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

    ``(a) Appointment.--The Secretary may appoint an advisory board to 
make recommendations to the Secretary and to the appropriate committees 
of Congress concerning specific issues relating to child abuse and 
neglect.
    ``(b) <<NOTE: Federal Register, publication.>>  Solicitation of 
Nominations.--The Secretary shall publish a notice in the Federal 
Register soliciting nominations for the appointment of members of the 
advisory board under subsection (a).

    ``(c) Composition.--In establishing the board under subsection (a), 
the Secretary shall appoint members from the general public who are 
individuals knowledgeable in child abuse and neglect prevention, 
intervention, treatment, or research, and with due consideration to 
representation of ethnic or racial minorities and diverse geographic 
areas, and who represent--
            ``(1) law (including the judiciary);
            ``(2) psychology (including child development);
            ``(3) social services (including child protective services);
            ``(4) medicine (including pediatrics);
            ``(5) State and local government;
            ``(6) organizations providing services to disabled persons;
            ``(7) organizations providing services to adolescents;
            ``(8) teachers;
            ``(9) parent self-help organizations;
            ``(10) parents' groups;
            ``(11) voluntary groups;
            ``(12) family rights groups; and
            ``(13) children's rights advocates.

    ``(d) Vacancies.--Any vacancy in the membership of the board shall 
be filled in the same manner in which the original appointment was made.
    ``(e) Election of Officers.--The board shall elect a chairperson and 
vice-chairperson at its first meeting from among the members of the 
board.
    ``(f) <<NOTE: Reports.>>  Duties.--Not later than 1 year after the 
establishment of the board under subsection (a), the board shall submit 
to the Secretary and the appropriate committees of Congress a report, or 
interim report, containing--
            ``(1) recommendations on coordinating Federal, State, and 
        local child abuse and neglect activities with similar activities 
        at the Federal, State, and local level pertaining to family 
        violence prevention;
            ``(2) specific modifications needed in Federal and State 
        laws and programs to reduce the number of unfounded or 
        unsubstantiated reports of child abuse or neglect while 
        enhancing the ability to identify and substantiate legitimate 
        cases of abuse or neglect which place a child in danger; and

[[Page 110 STAT. 3066]]

            ``(3) recommendations for modifications needed to facilitate 
        coordinated national data collection with respect to child 
        protection and child welfare.''.

SEC. 103. REPEAL OF INTER-AGENCY TASK FORCE ON CHILD ABUSE AND NEGLECT.

    Section 103 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5103) is repealed.

SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD 
            ABUSE.

    Section 104 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5104) is amended--
            (1) in subsection (a), to read as follows:

    ``(a) <<NOTE: Contracts.>>  Establishment.--The Secretary shall 
through the Department, or by one or more contracts of not less than 3 
years duration let through a competition, establish a national 
clearinghouse for information relating to child abuse.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Director'' and inserting ``Secretary'';
                    (B) in paragraph (1)--
                          (i) by inserting ``assessment,'' after 
                      ``prevention,''; and
                          (ii) by striking ``, including'' and all that 
                      follows and inserting ``; and'';
                    (C) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``general 
                      population'' and inserting ``United States'';
                          (ii) in subparagraph (B), by adding ``and'' at 
                      the end;
                          (iii) in subparagraph (C), by striking ``; 
                      and'' at the end and inserting a period; and
                          (iv) by striking subparagraph (D); and
                    (D) by striking paragraph (3); and
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``In establishing'' and 
                      inserting the following:
            ``(1) In general.--In establishing''; and
                          (ii) by striking ``Director'' and inserting 
                      ``Secretary'';
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively, and by 
                moving the text of subparagraphs (A) through (D) (as 
                redesignated) 2 ems to the right;
                    (C) in subparagraph (B) (as redesignated), by 
                striking ``that is represented on the task force'' and 
                inserting ``involved with child abuse and neglect and 
                mechanisms for the sharing of such information among 
                other Federal agencies and clearinghouses'';
                    (D) in subparagraph (C) (as redesignated), by 
                striking ``State, regional'' and all that follows and 
                inserting the following: ``Federal, State, regional, and 
                local child welfare data systems which shall include--
                          ``(i) standardized data on false, unfounded, 
                      unsubstantiated, and substantiated reports; and
                          ``(ii) information on the number of deaths due 
                      to child abuse and neglect;'';

[[Page 110 STAT. 3067]]

                    (E) by redesignating subparagraph (D) (as 
                redesignated) as subparagraph (F);
                    (F) by inserting after subparagraph (C) (as 
                redesignated), the following new subparagraphs:
                    ``(D) through a national data collection and 
                analysis program and in consultation with appropriate 
                State and local agencies and experts in the field, 
                collect, compile, and make available State child abuse 
                and neglect reporting information which, to the extent 
                practical, shall be universal and case specific and 
                integrated with other case-based foster care and 
                adoption data collected by the Secretary;
                    ``(E) compile, analyze, and publish a summary of the 
                research conducted under section 105(a); and''; and
                    (G) by adding at the end the following:
            ``(2) Confidentiality requirement.--In carrying out 
        paragraph (1)(D), the Secretary shall ensure that methods are 
        established and implemented to preserve the confidentiality of 
        records relating to case specific data.''.

SEC. 105. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

    (a) Research.--Section 105(a) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5105(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``, through the Center, conduct research on'' 
                and inserting ``, in consultation with other Federal 
                agencies and recognized experts in the field, carry out 

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