42 U.S.C. § 5106h — Authorization of appropriations

Page 6334 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5106h or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 7102 of title 22) or a victim of severe forms of trafficking in persons de- scribed in paragraph (9)(A) of that section.’’ 2015—Pub. L. 114–22, § 802(c)(1), designated existing provisions as subsec. (a) and inserted heading and added subsec. (b). Subsec. (a)(5)(C). Pub. L. 114–22, § 802(c)(3), substituted period for semicolon at end. Par. (3). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as ref- erence to section 7517 of title 20. 2010—Pars. (1), (2). Pub. L. 111–320, § 142(b)(1), (2), re- designated pars. (7) and (8) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows: ‘‘(1) the term ‘child’ means a person who has not at- tained the lesser of— ‘‘(A) the age of 18; or ‘‘(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; ‘‘(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploi- tation, or an act or failure to act which presents an im- minent risk of serious harm;’’. Par. (3). Pub. L. 111–320, § 142(b)(1)–(3), redesignated par. (10) as (3), struck out ‘‘and’’ at end, and struck out former par. (3) which read as follows: ‘‘the term ‘Sec- retary’ means the Secretary of Health and Human Services;’’. Par. (4)(B). Pub. L. 111–320, § 142(b)(4), inserted ‘‘and’’ after semicolon at end. Par. (5). Pub. L. 111–320, § 142(b)(1), (5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: ‘‘except as provided in section 5106a(f) of this title, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mar- iana Islands,;’’. Pub. L. 111–320, § 119(1), inserted ‘‘except as provided in section 5106a(f) of this title,’’ after ‘‘(5)’’, inserted ‘‘and’’ after ‘‘Samoa,’’, and struck out ‘‘and the Trust Territory of the Pacific Islands’’ after ‘‘Northern Mar- iana Islands,’’. Par. (6). Pub. L. 111–320, § 142(b)(5), redesignated par. (6) as (5). Par. (6)(C). Pub. L. 111–320, § 119(2), substituted a semicolon for period at end. Pars. (7) to (11). Pub. L. 111–320, § 142(b)(1), (2), redesig- nated pars. (7), (8), and (10) as (1), (2), and (3), respec- tively, and struck out pars. (9) and (11) which read as follows: ‘‘(9) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal or- ganization’ have the meanings given the terms in sec- tion 450b of title 25;’’ ‘‘(11) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 11434a of this title.’’ Pub. L. 111–320, § 119(3), added pars. (7) to (11). 1996—Par. (1). Pub. L. 104–235, § 110(1), (2)(A), redesig- nated par. (3) as (1) and struck out former par. (1) which read as follows: ‘‘the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under section 5102 of this title;’’. Par. (2). Pub. L. 104–235, § 110(2)(A), (3), redesignated par. (4) as (2) and amended it generally. Prior to amend- ment, par. (2) read as follows: ‘‘the term ‘child abuse and neglect’ means the physical or mental injury, sex- ual abuse or exploitation, negligent treatment, or mal- treatment of a child by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threat- ened thereby, as determined in accordance with regula- tions prescribed by the Secretary;’’. Pub. L. 104–235, § 110(1) struck out par. (2) which read as follows: ‘‘the term ‘Center’ means the National Cen- ter on Child Abuse and Neglect established under sec- tion 5101 of this title;’’. Par. (3). Pub. L. 104–235, § 110(2)(A), redesignated par. (6) as (3). Former par. (3) redesignated (1). Par. (4). Pub. L. 104–235, § 110(2)(A), (4), redesignated par. (7) as (4) and in subpar. (B) inserted ‘‘, and in cases of caretaker or inter-familial relationships, statutory rape’’ after ‘‘rape’’. Former par. (4) redesignated (2). Par. (5). Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: ‘‘the term ‘person who is responsible for the child’s welfare’ includes— ‘‘(A) any employee of a residential facility; and ‘‘(B) any staff person providing out-of-home care;’’. Par. (6). Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6). Former par. (6) redesignated (3). Pars. (7), (8). Pub. L. 104–235, § 110(2)(A), redesignated pars. (7) and (8) as (4) and (5), respectively. Par. (9). Pub. L. 104–235, § 110(1), struck out par. (9) which read as follows: ‘‘the term ‘task force’ means the Inter-Agency Task Force on Child Abuse and Neglect established under section 5103 of this title; and’’. Par. (10). Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6). 1989—Pub. L. 101–126, § 3(b)(7)(A), made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act. Pars. (1), (2), (9). Pub. L. 101–126, § 3(b)(7)(B)–(D), made technical amendments to references to sections 5101, 5102, and 5103 of this title to reflect renumbering of cor- responding sections of original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. Amendment by Pub. L. 114–22 effective 2 years after May 29, 2015, see section 802(a) of Pub. L. 114–22, set out as a note under section 5106a of this title. § 5106h. Authorization of appropriations (a) In general (1) General authorization There are authorized to be appropriated to carry out this subchapter $120,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015. (2) Discretionary activities (A) In general Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 30 percent of such amounts to fund discretionary activities under this subchapter. (B) Demonstration projects Of the amounts made available for a fiscal year under subparagraph (A), the Secretary shall make available not more than 40 per- cent of such amounts to carry out section 5105 of this title. (b) Availability of funds without fiscal year limi- tation The Secretary shall ensure that funds appro- priated pursuant to authorizations in this sub- chapter shall remain available until expended for the purposes for which they were appro- priated. (Pub. L. 93–247, title I, § 112, formerly § 15, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, Page 6335 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5107 102 Stat. 117; renumbered title I, § 114, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(8), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, § 117(a), May 28, 1992, 106 Stat. 197; renumbered § 112 and amended Pub. L. 104–235, title I, §§ 111, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 108–36, title I, § 117, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 120, Dec. 20, 2010, 124 Stat. 3477.) Editorial Notes PRIOR PROVISIONS A prior section 112 of Pub. L. 93–247 was renumbered section 110 and is classified to section 5106f of this title. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–320 substituted ‘‘2010’’ for ‘‘2004’’ and ‘‘2011 through 2015’’ for ‘‘2005 through 2008’’. 2003—Subsec. (a)(1). Pub. L. 108–36, § 117(a), amended heading and text of par. (1) generally. Prior to amend- ment, text read as follows: ‘‘There are authorized to be appropriated to carry out this subchapter, $100,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001.’’ Subsec. (a)(2)(B). Pub. L. 108–36, § 117(b), substituted ‘‘Secretary shall make’’ for ‘‘Secretary make’’ and ‘‘section 5105’’ for ‘‘section 5106a’’. 1996—Subsec. (a). Pub. L. 104–235 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘(1) AUTHORIZATION.—There are authorized to be ap- propriated to carry out this subchapter, except for sec- tion 5106a–1 of this title, $100,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fis- cal years 1993 through 1995. ‘‘(2) ALLOCATIONS.— ‘‘(A) Of the amounts appropriated under paragraph (1) for a fiscal year, $5,000,000 shall be available for the purpose of making additional grants to the States to carry out the provisions of section 5106a(g) of this title. ‘‘(B) Of the amounts appropriated under paragraph (1) for a fiscal year and available after compliance with subparagraph (A)— ‘‘(i) 331⁄3 percent shall be available for activities under sections 5104, 5105, and 5106 of this title; and ‘‘(ii) 662⁄3 percent of such amounts shall be made available in each such fiscal year for activities under sections 5106a and 5106b of this title.’’ 1992—Subsec. (a). Pub. L. 102–295 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘There are authorized to be appropriated for pur- poses of carrying out this subchapter $48,000,000 for fis- cal year 1988, and such sums as may be necessary for fiscal years 1989, 1990, and 1991. Of the funds appro- priated for any fiscal year under this section, except as provided in the succeeding sentence (1)(A) $11,000,000 shall be available for activities under sections 5104, 5105, and 5106 of this title, and (B), $9,000,000 shall be available in each fiscal year for activities under sec- tions 5106a(a) and 5106b of this title, giving special con- sideration to continued funding of child abuse and ne- glect programs or projects (previously funded by the Department of Health and Human Services) of national or regional scope and demonstrated effectiveness, (2) $5,000,000 shall be available in each such year for grants and contracts under section 5106(a) of this title, for identification, treatment, and prevention of sexual abuse, and (3) $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 5106a(f) of this title. With respect to any fiscal year in which the total amount appropriated under this section is less than $30,000,000, no less than $20,000,000 of the funds ap- propriated in such fiscal year shall be available as pro- vided in clause (1) in the preceding sentence and of the remainder, one-half shall be available as provided for in clause (2) and one-half as provided for in clause (3) in the preceding sentence.’’ 1989—Pub. L. 101–126, § 3(b)(8), made technical amend- ments to references to this subchapter and to sections 5104, 5105, 5106, 5106a, and 5106b of this title to reflect the insertion of title designations and renumbering of corresponding sections in original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–295, title I, § 117(b), May 28, 1992, 106 Stat. 197, provided that: ‘‘Paragraph (2) of section 114(a) [42 U.S.C. 5106h(a)(2)], as amended by subsection (a), shall become effective on October 1 of the first fiscal year for which $30,000,000 or more would be available under sub- section (a)(2)(B)(ii) of such section 114 (if such sub- section were in effect), and until such fiscal year, the second and third sentences of section 114(a) [see 1992 Amendment note above] (as in effect prior to the amendment made by such subsection (a)) shall con- tinue in effect.’’ § 5106i. Rule of construction (a) In general Nothing in this subchapter and subchapter III shall be construed— (1) as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guard- ian; and (2) to require that a State find, or to pro- hibit a State from finding, child abuse or ne- glect in cases in which a parent or legal guard- ian relies solely or partially upon spiritual means rather than medical treatment, in ac- cordance with the religious beliefs of the par- ent or legal guardian. (b) State requirement Notwithstanding subsection (a), a State shall, at a minimum, have in place authority under State law to permit the child protective services system of the State to pursue any legal rem- edies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to pre- vent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatment from children with life threatening conditions. Except with respect to the with- holding of medically indicated treatments from disabled infants with life threatening condi- tions, case by case determinations concerning the exercise of the authority of this subsection shall be within the sole discretion of the State. (Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079; amended Pub. L. 111–320, title I, § 121, Dec. 20, 2010, 124 Stat. 3478.) Editorial Notes AMENDMENTS 2010—Subsec. (a)(2). Pub. L. 111–320 substituted ‘‘child abuse or neglect’’ for ‘‘abuse or neglect’’. § 5107. Discretionary programs; authorization of appropriations (a)(1) The Secretary of Health and Human Services, either directly, through grants to