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42 U.S.C. § 5101 — Office on Child Abuse and Neglect

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42 U.S.C. § 5101 — Office on Child Abuse and Neglect

Page 6299 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating per- formance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, related to applications for grants. Section 5091j, Pub. L. 93–113, title VII, § 711, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, set forth criteria for selection of projects. Section 5091k, Pub. L. 93–113, title VII, § 712, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, authorized management and technical assistance for projects. Section 5091l, Pub. L. 93–113, title VII, § 713, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3178, defined terms for purposes of this subchapter. Section 5091m, Pub. L. 93–113, title VII, § 715, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179; amended Pub. L. 102–10, § 10, Mar. 12, 1991, 105 Stat. 32, directed issuance of necessary regulations. Section 5091n, Pub. L. 93–113, title VII, § 716, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179, authorized appropriations to carry out this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Subchapter repealed effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendm

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Page 6299 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities. Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating per- formance of projects. Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, related to applications for grants. Section 5091j, Pub. L. 93–113, title VII, § 711, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, set forth criteria for selection of projects. Section 5091k, Pub. L. 93–113, title VII, § 712, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3177, authorized management and technical assistance for projects. Section 5091l, Pub. L. 93–113, title VII, § 713, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3178, defined terms for purposes of this subchapter. Section 5091m, Pub. L. 93–113, title VII, § 715, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179; amended Pub. L. 102–10, § 10, Mar. 12, 1991, 105 Stat. 32, directed issuance of necessary regulations. Section 5091n, Pub. L. 93–113, title VII, § 716, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3179, authorized appropriations to carry out this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Subchapter repealed effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 4951 of this title. CHAPTER 67—CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM SUBCHAPTER I—GENERAL PROGRAM Sec. 5101. Office on Child Abuse and Neglect. 5102. Advisory board on child abuse and neglect. 5103. Repealed. 5104. National clearinghouse for information relat- ing to child abuse. 5105. Research and assistance activities. 5106. Grants to States, Indian tribes or tribal orga- nizations, and public or private agencies and organizations. 5106a. Grants to States for child abuse or neglect prevention and treatment programs. 5106a–1, 5106b. Repealed. 5106c. Grants to States for programs relating to in- vestigation and prosecution of child abuse and neglect cases. 5106d. Miscellaneous requirements relating to as- sistance. 5106e. Coordination of child abuse and neglect pro- grams. 5106f. Reports. 5106f–1. Report concerning voluntary reporting sys- tem. 5106g. Definitions. 5106h. Authorization of appropriations. 5106i. Rule of construction. 5107. Discretionary programs; authorization of ap- propriations. 5108. Monitoring and oversight. SUBCHAPTER II—ADOPTION OPPORTUNITIES 5111. Congressional findings and declaration of pur- pose. 5112. Repealed. 5113. Information and services. 5114. Study and report of unlicensed or unregulated adoption placements. 5115. Authorization of appropriations. Sec. 5115a. Repealed. SUBCHAPTER III—COMMUNITY–BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT 5116. Purpose and authority. 5116a. Eligibility. 5116b. Amount of grant. 5116c. Repealed. 5116d. Application. 5116e. Local program requirements. 5116f. Performance measures. 5116g. National network for community-based fam- ily resource programs. 5116h. Definitions. 5116i. Authorization of appropriations. SUBCHAPTER IV—TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS NURSERIES 5117 to 5117d. Repealed. SUBCHAPTER IV–A—ABANDONED INFANTS ASSISTANCE 5117aa to 5117aa–22. Repealed. SUBCHAPTER V—CERTAIN PREVENTIVE SERV- ICES REGARDING CHILDREN OF HOMELESS FAMILIES OR FAMILIES AT RISK OF HOME- LESSNESS 5118 to 5118e. Repealed. SUBCHAPTER VI—CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS 5119 to 5119c. Transferred. SUBCHAPTER I—GENERAL PROGRAM Editorial Notes CODIFICATION This subchapter is comprised of title I of the Child Abuse Prevention and Treatment Act, Pub. L. 93–247. Title II of that Act is classified to subchapter III (§ 5116 et seq.) of this chapter. § 5101. Office on Child Abuse and Neglect (a) Establishment The Secretary of Health and Human Services may establish an office to be known as the Of- fice 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 subchapter and subchapter III. In the event that such func- tions and 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 ex- ecuted with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental con- sultation with all agencies involved in child abuse and neglect activities. (Pub. L. 93–247, title I, § 101, formerly § 2, Jan. 31, 1974, 88 Stat. 5; Pub. L. 93–644, § 8(d)(1), Jan. 4, 1975, 88 Stat. 2310; Pub. L. 95–266, title I, § 101, Apr. 24, 1978, 92 Stat. 205; Pub. L. 98–457, title I, § 101, Oct. 9, 1984, 98 Stat. 1749; Pub. L. 99–401, title I, § 103(a), Aug. 27, 1986, 100 Stat. 906; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, § 101, Pub. L. 101–126, § 3(a)(1), Page 6300 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104–235, title I, § 101, Oct. 3, 1996, 110 Stat. 3064.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–235 amended section generally, sub- stituting provisions relating to Office on Child Abuse and Neglect for provisions relating to National Center on Child Abuse and Neglect. 1988—Pub. L. 100–294 amended section generally, sub- stituting provisions relating to establishment, appoint- ment of Director, and other staff and resources of Na- tional Center on Child Abuse and Neglect for provisions relating to establishment, functions, grant and con- tract authority, staff and resource availability, and use of funds of National Center on Child Abuse and Neglect. See sections 5105 to 5106d of this title. 1986—Subsec. (b)(2). Pub. L. 99–401, § 103(a)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3), (4). Pub. L. 99–401, § 103(a)(1), redesig- nated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (6). Subsec. (b)(5). Pub. L. 99–401, § 103(a)(3), added par. (5). Former par. (5) redesignated (7). Subsec. (b)(6). Pub. L. 99–401, § 103(a)(1), redesignated former par. (4) as (6). Former par. (6) redesignated (8). Subsec. (b)(7). Pub. L. 99–401, § 103(a)(1), (4), redesig- nated former par. (5) as (7) and amended it generally, substituting ‘‘conduct research on the causes, preven- tion, identification, and treatment of child abuse and neglect, and on appropriate and effective investigative, administrative, and judicial procedures in cases of child abuse’’ for ‘‘conduct research into the causes of child abuse and neglect, and into the prevention, iden- tification, and treatment thereof’’. Former par. (7) re- designated (9). Subsec. (b)(8), (9). Pub. L. 99–401, § 103(a)(1), redesig- nated former pars. (6) and (7) as (8) and (9), respectively. Subsec. (b)(10). Pub. L. 99–401, § 103(a)(5), added par. (10). 1984—Subsec. (a). Pub. L. 98–457, § 101(a), substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsec. (b)(6). Pub. L. 98–457, § 101(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘make a complete and full study and investigation of the national incidence of child abuse and neglect, in- cluding a determination of the extent to which inci- dents of child abuse and neglect are increasing in num- ber or severity; and’’. Subsec. (b)(7). Pub. L. 98–457, § 101(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘in consultation with Federal agencies serving on the Advisory Board on Child Abuse and Neglect (estab- lished by section 5105 of this title), prepare a com- prehensive plan for seeking to bring about maximum coordination of the goals, objectives, and activities of all agencies and organizations which have responsibil- ities for programs and activities related to child abuse and neglect, and submit such plan to such Advisory Board not later than twelve months after April 24, 1978.’’ Subsec. (c). Pub. L. 98–457, § 101(c), substituted ‘‘The functions of the Secretary under subsection (b) of this section may be carried out’’ for ‘‘The Secretary may carry out his functions under subsection (b) of this sec- tion’’. Subsec. (e). Pub. L. 98–457, § 101(d), added subsec. (e). 1978—Subsec. (b). Pub. L. 95–266, § 101(1), in pars. (1) and (3) inserted requirement of dissemination of annual summary and training materials, respectively, and added par. (7). Subsec. (c). Pub. L. 95–266, § 101(2), inserted provisions relating to duration and review of grants under subsec. (b)(5) of this section. Subsec. (d). Pub. L. 95–266, § 101(3), added subsec. (d). 1975—Subsec. (c). Pub. L. 93–644 added subsec. (c). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–193, § 1, Dec. 23, 2024, 138 Stat. 2662, pro- vided that: ‘‘This Act [amending section 5106 of this title] may be cited as the ‘Jenna Quinn Law’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114—22, title VIII, § 801, May 29, 2015, 129 Stat. 263, provided that: ‘‘This title [amending sections 5106a and 5106g of this title, enacting provisions set out as a note under section 5106a of this title, and amending provisions set out as a note under this section] may be cited as the ‘Ensuring a Better Response for Victims of Child Sex Trafficking’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–320, § 1, Dec. 20, 2010, 124 Stat. 3459, pro- vided that: ‘‘This Act [enacting chapter 110 of this title, amending sections 3796gg, 5102, 5104 to 5106a, 5106c, 5106d, 5106f, 5106g to 5106i, 5111, 5113, 5115, 5116 to 5116b, 5116d to 5116i, 5117aa, 5117aa–21, 5117aa–22, 13925, and 14214 of this title, section 707 of Title 11, Bankruptcy, and section 1435 of Title 20, Education, enacting provi- sions set out as notes under this section, amending pro- visions set out as a note under this section, repealing provisions set out as a note under section 670 of this title, and omitting provisions set out as a note under section 10401 of this title] may be cited as the ‘CAPTA Reauthorization Act of 2010’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–36, § 1(a), June 25, 2003, 117 Stat. 800, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Keeping Children and Families Safe Act of 2003’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–235, § 1(a), Oct. 3, 1996, 110 Stat. 3063, pro- vided that: ‘‘This Act [enacting sections 5106i and 5116 to 5116i of this title, amending this section and sections 5102, 5104 to 5106, 5106a, 5106c to 5106f, 5106g to 5106i, 5111, 5113, 5115, 5777, 10402, 10403, 10409, 10603a, and 13004 of this title, repealing sections 5103, 5106b, 5117 to 5117d, 5118 to 5118e, 5778, and 11481 to 11489 of this title, amending provisions set out as notes under this section and section 670 of this title, and repealing provisions set out as notes under section 5117 of this title] may be cited as the ‘Child Abuse Prevention and Treatment Act Amendments of 1996’.’’ SHORT TITLE OF 1994 AMENDMENT For short title of subpart 1 of part E of title V of Pub. L. 103–381, which enacted section 5115a of this title, as the ‘‘Howard M. Metzenbaum Multiethnic Placement Act of 1994’’, see section 551 of Pub. L. 103–382, set out as a note under section 1305 of this title. SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–295, § 1(a), May 28, 1992, 106 Stat. 187, pro- vided that: ‘‘This Act [enacting sections 5106f–1, 10414, and 10415 of this title, amending sections 5102, 5105, 5106, 5106a, 5106a–1, 5106c, 5106h, 5111, 5113, 5115, 5116, 5116b to 5116d, 5117c, 5117d, 5118e, 10401 to 10405, 10407 to 10410, 10412, and 10413 of this title, repealing section 5112 of this title, and enacting provisions set out as notes under this section and sections 5106a, 5106h, 5117, 10401, and 10402 of this title] may be cited as the ‘Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–236, § 1, Dec. 12, 1991, 105 Stat. 1812, pro- vided that: ‘‘This Act [amending sections 5117aa to 5117aa–12 and 5117aa–22 of this title and provisions set out as a note under section 623 of Title 29, Labor] may be cited as the ‘Abandoned Infants Assistance Act Amendments of 1991’.’’ Page 6301 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5101 SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–126, § 1, Oct. 25, 1989, 103 Stat. 764, provided that: ‘‘This Act [amending this section and sections 5102 to 5106h and 5116 to 5116g of this title and enacting provisions set out as notes under section 5102 and 5116b of this title] may be cited as the ‘Child Abuse Preven- tion Challenge Grants Reauthorization Act of 1989’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–294, § 1, Apr. 25, 1988, 102 Stat. 102, provided that: ‘‘This Act [enacting sections 5106a to 5106h and 10413 of this title, amending this section and sections 5102 to 5106, 5113, 5115, 10402, 10409, and 10410 of this title, repealing section 10411 of this title, and enacting provi- sions set out as notes under this section and section 5105 of this title] may be referred to as the ‘Child Abuse Prevention, Adoption, and Family Services Act of 1988’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–401, § 1, Aug. 27, 1986, 100 Stat. 903, provided that: ‘‘This Act [enacting subchapter IV of this chapter and section 10603a of this title, amending this section and sections 290dd–3, 290ee–3, 5103, 5105, 10601, and 10603 of this title, and enacting provisions set out as notes under this section and section 5117 of this title] may be cited as the ‘Children’s Justice and Assistance Act of 1986’.’’ Pub. L. 99–401, title I, § 101, Aug. 27, 1986, 100 Stat. 903, provided that: ‘‘This title [enacting section 10603a of this title, amending this section and sections 290dd–3, 290ee–3, 5103, 5105, 10601, and 10603 of this title, and en- acting provisions set out as notes under this section] may be cited as the ‘Children’s Justice Act’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–457, § 1, Oct. 9, 1984, 98 Stat. 1749, provided: ‘‘That this Act [enacting chapter 110 of this title, amending this section and sections 5102 to 5106, 5111 to 5113, and 5115 of this title, and enacting provisions set out as notes under this section and sections 5102, 5103, and 10401 of this title] may be cited as the ‘Child Abuse Amendments of 1984’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–266, § 1, Apr. 24, 1978, 92 Stat. 205, provided: ‘‘That this Act [enacting subchapter II of this chapter and amending this section and sections 5102 to 5105 of this title] may be cited as the ‘Child Abuse Prevention and Treatment and Adoption Reform Act of 1978’.’’ SHORT TITLE Pub. L. 93–247, § 1(a), formerly § 1, Jan. 31, 1974, 88 Stat. 4, as renumbered § 1(a) and amended by Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 102, provided that: ‘‘This Act [enacting this subchapter and sub- chapters III and V of this chapter] may be cited as the ‘Child Abuse Prevention and Treatment Act’.’’ For short title of title II of Pub. L. 99–401, which en- acted subchapter IV of this chapter, as the ‘‘Temporary Child Care for Handicapped Children and Crisis Nurs- eries Act of 1986’’, see section 201 of Pub. L. 99–401, for- merly set out as a note under section 5117 of this title. Pub. L. 100–505, § 1, Oct. 18, 1988, 102 Stat. 2533, which provided that Pub. L. 100–505, enacting subchapter IV–A of this chapter and provisions formerly set out as a note under section 670 of this title, could be cited as the ‘‘Abandoned Infants Assistance Act of 1988’’, was re- pealed by Pub. L. 115–271, title VII, § 7065(b), Oct. 24, 2018, 132 Stat. 4028. REGULATIONS Pub. L. 100–294, title IV, § 401(a), Apr. 25, 1988, 102 Stat. 126, provided that: ‘‘For any rule or regulation needed to implement this Act [see Short Title of 1988 Amend- ment note above], the Secretary of Health and Human Services shall— ‘‘(1) publish proposed regulations for purposes of implementing the amendments made by this Act be- fore the expiration of the 90-day period beginning on the date of the enactment of this Act [Apr. 25, 1988]; ‘‘(2) allow not less than 45 days for public comment on such proposed regulations; and ‘‘(3) publish final regulations for purposes of imple- menting the amendments made by this Act before the end of the 195-day period beginning on the date of the enactment of this Act.’’ CONSTRUCTION OF CHILD ABUSE AMENDMENTS OF 1984 WITH OTHER LAWS; SEPARABILITY Pub. L. 98–457, title I, § 127, Oct. 9, 1984, 98 Stat. 1754, provided that: ‘‘(a) No provision of this Act or any amendment made by this Act [See Short Title of 1984 Amendment note above] is intended to affect any right or protection under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794]. ‘‘(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 estab- lish standards prescribing specific medical 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 application thereof to any person or circumstances be held invalid, the pro- visions of the other parts and their application to other persons or circumstances shall not be affected there- by.’’ PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS Pub. L. 100–294, title I, § 106, Apr. 25, 1988, 102 Stat. 119, established a National Commission on Child and Youth Deaths to study and evaluate comprehensively Federal, State, and local public and private resources which af- fect child and youth deaths and to prepare and trans- mit to President and appropriate committees of Con- gress a report within 12 months after appointment of the Commission, and provided that the Commission terminates 90 days after transmitting the report. ACQUISITION OF STATISTICAL DATA Pub. L. 99–401, title I, § 105, Aug. 27, 1986, 100 Stat. 906, which related to data acquisition by the Attorney Gen- eral for 1987 and 1988 and modification of the FBI’s uni- form crime reporting program, was editorially reclassi- fied as section 41302 of Title 34, Crime Control and Law Enforcement. CONGRESSIONAL FINDINGS Pub. L. 93–247, § 2, as added by Pub. L. 102–295, title I, § 102(a), May 28, 1992, 106 Stat. 188, and amended by Pub. L. 104–235, title I, § 100, Oct. 3, 1996, 110 Stat. 3064; Pub. L. 108–36, title I, § 101, June 25, 2003, 117 Stat. 801; Pub. L. 111–320, title I, § 101, Dec. 20, 2010, 124 Stat. 3459, pro- vided that: ‘‘Congress finds that— ‘‘(1) in fiscal year 2008, approximately 772,000 chil- dren were found by States to be victims of child abuse and neglect; ‘‘(2)(A) more children suffer neglect than any other form of maltreatment and close to 1⁄3 of all child mal- treatment-related fatalities in fiscal year 2008 were attributed to neglect alone; and ‘‘(B) investigations have determined that approxi- mately 71 percent of children who were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent suffered physical abuse, 9 percent suffered sexual abuse,, [sic] 7 percent suffered psychological maltreatment, 2 percent experienced medical neglect, and 9 percent were victims of other forms of mal- treatment; ‘‘(3)(A) child abuse or neglect can result in the death of a child; ‘‘(B) in fiscal year 2008, an estimated 1,740 children were counted by child protection services to have died as a result of abuse or neglect; and ‘‘(C) in fiscal year 2008, children younger than 1 year old comprised 45 percent of child maltreatment Page 6302 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5102 fatalities and 72 percent of child maltreatment fatali- ties were younger than 4 years of age; ‘‘(4)(A) many of these children and their families fail to receive adequate protection and treatment; and ‘‘(B) approximately 37 percent of victims of child abuse did not receive post-investigation services in fiscal year 2008; ‘‘(5) African-American children, American Indian children, Alaska Native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect; ‘‘(6) the problem of child abuse and neglect requires a comprehensive approach that— ‘‘(A) integrates the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and com- munity-based organizations; ‘‘(B) strengthens coordination among all levels of government, and with private agencies, civic, reli- gious, and professional organizations, and indi- vidual volunteers; ‘‘(C) emphasizes the need for abuse and neglect prevention, assessment, investigation, and treat- ment at the neighborhood level; ‘‘(D) recognizes the need for properly trained staff with the qualifications needed, to carry out their child protection duties; and ‘‘(E) recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may im- pact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect; ‘‘(7) the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible ex- penditures, as well as significant intangible costs; ‘‘(8) all elements of American society have a shared responsibility in responding to child abuse and ne- glect; ‘‘(9) substantial reductions in the prevalence and incidence of child abuse and neglect and the allevi- ation of its consequences are matters of the highest national priority; ‘‘(10) national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunifica- tion of families where appropriate; ‘‘(11) the child protection system should be com- prehensive, child-centered, family-focused, and com- munity-based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re-integration in an environment that fosters the health, safety, self-respect, and dignity of the child; ‘‘(12) because both child maltreatment and domes- tic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention proce- dures aimed at enhancing the safety both of children and victims of domestic violence; ‘‘(13) because of the limited resources available in low-income communities, Federal aid for the child protection system should be distributed with due re- gard to the relative financial need of the commu- nities; ‘‘(14) the Federal Government should assist States and communities with the fiscal, human, and tech- nical resources necessary to develop and implement a successful and comprehensive child and family pro- tection strategy; and ‘‘(15) the Federal Government should provide lead- ership and assist communities in their child and fam- ily protection efforts by— ‘‘(A) promoting coordinated planning among all levels of government; ‘‘(B) generating and sharing knowledge relevant to child and family protection, including the devel- opment of models for service delivery; ‘‘(C) strengthening the capacity of States to as- sist communities; ‘‘(D) allocating financial resources to assist States in implementing community plans; ‘‘(E) helping communities to carry out their child and family protection plans by promoting the com- petence of professional, paraprofessional, and vol- unteer resources; and ‘‘(F) providing leadership to end the abuse and ne- glect of the nation’s children and youth.’’ DEFINITIONS Pub. L. 93–247, § 3, as added by Pub. L. 111–320, title I, § 142(a), Dec. 20, 2010, 124 Stat. 3482, as amended by Pub. L. 114–22, title VIII, § 802(c)(2), May 29, 2015, 129 Stat. 264, provided that: ‘‘In this Act [see Short Title note above]— ‘‘(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, seri- ous physical or emotional harm, sexual abuse or ex- ploitation (including sexual abuse as determined under section 111 [42 U.S.C. 5106g]), or an act or fail- ure to act which presents an imminent risk of serious harm; ‘‘(3) the term ‘child with a disability’ means a child with a disability as defined in section 602 of the Indi- viduals with Disabilities Education Act (20 U.S.C. 1401), or an infant or toddler with a disability as de- fined in section 632 of such Act (20 U.S.C. 1432); ‘‘(4) the term ‘Governor’ means the chief executive officer of a State; ‘‘(5) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal or- ganization’ have the meanings given the terms in sec- tion 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450b) [now 25 U.S.C. 5304]; ‘‘(6) the term ‘Secretary’ means the Secretary of Health and Human Services; ‘‘(7) except as provided in section 106(f) [42 U.S.C. 5106a(f)], 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; and ‘‘(8) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).’’ § 5102. Advisory board on child abuse and ne- glect (a) Appointment The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress con- cerning specific issues relating to child abuse and neglect. (b) 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 knowledge- able in child abuse and neglect prevention, intervention, treatment, or research, and with

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1401 — Definitions

Except as otherwise provided, in this chapter: (1) **Assistive technology device** (A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. (B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device. (2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. (3) **Child with a disability** (A) *In general* — The term “child with a disabil

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1401 — Definitions

Page 931 TITLE 20—EDUCATION § 1401 ‘‘(2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act.’’ TRANSITION Pub. L. 108–446, title III, § 303, Dec. 3, 2004, 118 Stat. 2803, provided that: ‘‘(a) ORDERLY TRANSITION.— ‘‘(1) IN GENERAL.—The Secretary of Education (in this section referred to as ‘the Secretary’) shall take such steps as are necessary to provide for the orderly transition from the Individuals with Disabilities Edu- cation Act [this chapter], as such Act was in effect on the day preceding the date of enactment of this Act [Dec. 3, 2004], to the Individuals with Disabilities Education Act [this chapter] and part E of the Edu- cation Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.], as amended by this Act. ‘‘(2) LIMITATION.—The Secretary’s authority in paragraph (1) shall terminate 1 year after the date of enactment of this Act. ‘‘(b) MULTI-YEAR AWARDS.—Notwithstanding any other provision of law, the Secretary may use funds ap- propriated under part D of the Individuals with Disabil- ities Education Act [subchapter IV of this chapter] to make continuation awards for projects that were fund- ed under section 618 [20 U.S.C. 1418], and part D, of the Individuals with Disabilities Education Act (as such section and part were in effect on September 30, 2004), in accordance with the terms of the original awards. ‘‘(c) RESEARCH.—Notwithstanding section 302(b) [set out as a note above] or any other provision of law, the Secretary may award funds that are appropriated under the Department of Education Appropriations Act, 2005 [Pub. L. 108–447, div. F, title III, 118 Stat. 3142, see Ta- bles for classification] for special education research under either of the headings ‘SPECIAL EDUCA

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1432 — Definitions

In this subchapter: (1) **At-risk infant or toddler** — The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. (2) **Council** — The term “council” means a State interagency coordinating council established under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1441&num=0&edition=prelim). (3) **Developmental delay** — The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under [section 1435(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/1&num=0&edition=prelim). (4) **Early intervention services** — The term “early intervention services” means developmental services that— (A) are provided under public supervision; (B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees; (C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas: (i) physical development; (ii) cognitive development; (iii) communication development; (iv) social or emotional development; or (v) adaptive development; (D) meet the standards of the State in which the services are provided, including the requirements of this subchapter; (E) include— (i) family training, counseling, and home visits; (ii) special instruction; (iii) speech-language pathology and audiology services, a

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1432 — Definitions

Page 987 TITLE 20—EDUCATION § 1432 106, set out findings and policy, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1431, Pub. L. 91–230, title VI, § 631, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1369; Pub. L. 99–457, title III, § 308, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 100–630, title I, § 104(b), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title IV, § 401, title IX, § 901(b)(129)–(142), Oct. 30, 1990, 104 Stat. 1129, 1148; Pub. L. 102–119, §§ 9(a), (b), 25(a)(12), (b), Oct. 7, 1991, 105 Stat. 593, 594, 606, 607; Pub. L. 102–421, title II, § 202, Oct. 16, 1992, 106 Stat. 2165; Pub. L. 102–569, title IX, § 912(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–73, title III, § 302, Aug. 11, 1993, 107 Stat. 736; Pub. L. 103–218, title IV, § 401, Mar. 9, 1994, 108 Stat. 95, related to grants for personnel training, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. § 1432. Definitions In this subchapter: (1) At-risk infant or toddler The term ‘‘at-risk infant or toddler’’ means an individual under 3 years of age who would be at risk of experiencing a substantial devel- opmental delay if early intervention services were not provided to the individual. (2) Council The term ‘‘council’’ means a State inter- agency coordinating council established under section 1441 of this title. (3) Developmental delay The term ‘‘developmental delay’’, when used with respect to an individual residing in a State, has the meaning giv

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450b — Transferred

### Statutory Notes #### Codification Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450b — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Nondiscrimination under Federal grants

Page 300 TITLE 29—LABOR § 794 1 See References in Text note below. ‘‘handicapped individuals’’ and ‘‘section 706(8) of this title’’ for ‘‘section 706(7) of this title’’. Subsec. (b). Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’, ‘‘individuals with handi- caps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’ for ‘‘his contract’’. Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted ‘‘The President’’ for ‘‘he’’ in two places and substituted ‘‘the reasons’’ for ‘‘his reasons’’. 1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section 706(7) of this title’’ for ‘‘section 706(6) of this title’’. § 794. Nondiscrimination under Federal grants and programs (a) Promulgation of rules and regulations No otherwise qualified individual with a dis- ability in the United States, as defined in sec- tion 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assist- ance or under any program or activity con- ducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amend- ments to this section made by the Rehabilita- tion, Comprehensive Services, and Develop- mental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appro- priate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such commit- tees. (b) ‘‘Program or activity’’ defined For the

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