91 STAT. 1474 20 USC 2502. PUBLIC LAW 95-207–DEC. 13, 1977 AMENDMENT TO THE EDUCATION AMENDMENTS OF 1976 SEC. 16. Section 332 of the Education Amendments of 1976 is amended (1) in subsection (b) (2), by striking out "3 per centum" and inserting in lieu thereof "1 per centum", and by striking out "the Commonwealth of Puerto Rico,"; and (2) in subsection (b) (3) (B), by striking out "and the District of Columbia" and inserting in lieu thereof ", the District of Columbia, and the Commonwealth of Puerto Rico". Approved December 13, 1977. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-150 (Comm. on Education and Labor) and No. 95-816 (Comm. of Conference). SENATE REPORTS: No. 95-498 accompanying S. 1328 and 95-513 (both from Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 5, considered and passed House. Oct. 20, considered and passed Senate, amended, in lieu of S. 1328. Nov. 22, Senate agreed to conference report. Nov. 29, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 51: Dec. 13, Presidential statement. PUBLIC LAW 95–266—APR. 24, 1978 92 STAT. 205 Public Law 95-266 95th Congress An Act To promote the healthy development of children who would benefit from adoption by facilitating their placement in adoptive homes, to extend and improve the provisions of 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, That this Act may be cited as the "Child Abuse Prevention and Treatment and Adoption Reform Act of 1978". Apr. 24, 1978 [H.R. 6693] Child Abuse Prevention and Treatment and- TITLE I-AMENDMENTS TO CHILD ABUSE PREVENTION 42 USC 5101 AND TREATMENT ACT NATIONAL CENTER ON CHILD ABUSE AND NEGLECT SEC. 101. Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101) (hereinafter in this title referred to as "the Act") is amended by (1)(A) striking out "and publish" and inserting in lieu thereof "publish, and disseminate" in clause (1) of subsection (b); (B) striking out "and publish" and inserting in lieu thereof a comma and "publish, and disseminate" in clause (3) of subsection (b); (C) striking out "and" after clause (5) of subsection (b); (D) striking out the period at the end of clause (6) of subsection (b) and inserting in lieu thereof a semicolon and "and"; and (E) adding after clause (6) of subsection (b) the following: (7) in consultation with Federal agencies serving on the Advisory Board on Child Abuse and Neglect (established by section 6 of this Act), prepare a comprehensive plan for seeking to bring about maximum coordination of the goals, objectives, and activities of all agencies and organizations which have responsibilities for programs and activities related to child abuse and neglect, and submit such plan to such Advisory Board not later than twelve months after the date of enactment of this clause. The Secretary shall establish research priorities for making grants or contracts under clause (5) of this subsection and, not less than sixty days before establishing such priorities, shall publish in the Federal Register for public comment a statement of such proposed priorities."; (2) inserting at the end of subsection (c) the following new sentences: "Grants may be made under subsection (b) (5) for periods of not more than three years. Any such grant shall be reviewed at least annually by the Secretary, utilizing peer review mechanisms to assure the quality and progress of research conducted under such grant."; and (3) adding after subsection (c) the following new subsection: "(d) The Secretary shall make available to the Center such staff and resources as are necessary for the Center to carry out effectively its functions under this Act.". note. Plan, submittal to Advisory Board Research priorities contracts. Review. 92 STAT. 206 PUBLIC LAW 95-266-APR. 24, 1978 42 USC 5101. 42 USC 5103. DEFINITION SEC. 102. Section 3 of the Act (42 U.S.C. 5102) is amended by- DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS SEC. 103. Section 4 of the Act (42 U.S.C. 5103) is amended by(1) amending subsection (a) by (A) inserting "or service" after "demonstration" in the first sentence; (B) striking out "the development and establishment of" in clause (1); and (C) striking out the last sentence of such subsection; (2) amending subsection (b) by (A) striking out in paragraph (1) "Of the sums” and all that follows through "grants" and inserting in lieu thereof "The Secretary, through the Center, is authorized to make grants", and striking out "for the payment of reasonable and necessary expenses"; and (B) inserting in paragraph (2) immediately below clause (J) the following new sentence: "If a State has failed to obligate funds awarded under this subsection within eighteen months after the date of award, the next award under this subsection made after the expiration of such period shall be reduced by an amount equal to the amount of such unobligated funds unless the Secretary determines that extraordinary reasons justify the failure to so obligate."; " and (3) amending the heading for such section to read as follows: "DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS". AUTHORIZATION OF APPROPRIATIONS, EARMARKING, AND SEXUAL SEC. 104. Section 5 of the Act (42 U.S.C. 5104) is amended by- PUBLIC LAW 95-266-APR. 24, 1978 92 STAT. 207 and September 30, 1979, respectively, and not less than 30 per centum shall be used for making grants or contracts under section 4(b) (1) (relating to grants to States) for each of the fiscal 42 USC 5103. years ending September 30, 1980, and September 30, 1981, respectively."; and (2) inserting "(a)" after "SEC. 5." and adding at the end thereof the following new subsection: "(b) (1) There are authorized to be appropriated $3,000,000 for the fiscal year ending September 30, 1978, $3,500,000 for the fiscal year ending September 30, 1979, and $4,000,000 each for the fiscal years ending September 30, 1980, and September 30, 1981, respectively, for the purpose of making grants and entering into contracts (under sections 2(b) (5) (relating to research), 4(a) (relating to demonstration 42 USC 5101. or services projects), and 4(b) (1) (relating to grants to States)) for programs and projects (including the support of not less than three Centers for the provision of treatment, and personnel training, and other related services) designed to prevent, identify, and treat sexual abuse of children, including programs involving the treatment of family units, programs for the provision of treatment and related services to persons who have committed acts of sexual abuse against children, and programs for the training of personnel. "(2) Of the sums appropriated under this subsection, not more than 10 per centum shall be expended under section 2(b) (5) (relating to research). "(3) Ás used in this subsection, the term "(A) 'sexual abuse' includes the obscene or pornographic photographing, filming, or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of 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) 'child' or 'children' means any individual who has not attained the age of eighteen. "(4) (A) Nothing contained in the provisions of this subsection shall be construed as prohibiting the use of funds appropriated under subsection (a) for programs and projects described in subsection (b), nor be construed to prohibit programs or projects receiving funds under subsection (a) from receiving funds under subsection (b). "(B) No funds shall be obligated or expended under this subsection unless an amount at least equal to the amount of funds appropriated in fiscal year 1977 has been appropriated for programs and projects under subsection (a) for any succeeding fiscal year.". ADVISORY BOARD SEC. 105. Section 6 of the Act (42 U.S.C. 5105) is amended by(1) inserting before the period at the end of the first sentence in subsection (a) a comma and "and not less than three members from the general public with experience or expertise in the field of child abuse and neglect"; (2) striking out "administered" both places it appears in the second sentence in subsection (a) and inserting in lieu thereof "planned, administered,"; and Definitions. 92 STAT. 208 Plan, submittal to President and Congress. 42 USC 5101. Compensation. 42 USC 5111. Publication in PUBLIC LAW 95–266—APR. 24, 1978 (3) striking out subsection (b) and subsection (e) and inserting in lieu thereof the following new subsections: "(b) The Advisory Board shall review the comprehensive plan submitted to it by the Center pursuant to section 2(b)(7), make such changes as it deems appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after the effective date of this subsection. "(c) Members of the Advisory Board, other than those regularly employed by the Federal Government, while serving on business of the Advisory Board, shall be entitled to receive compensation at a rate not in excess of the daily equivalent payable to a GS-18 employee under section 5332 of title 5, United States Code, including traveltime; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title for persons in the Government service employed intermittently.”. TITLE II-ADOPTION OPPORTUNITIES FINDINGS AND DECLARATION OF PURPOSE SEC. 201. The Congress hereby finds that many thousands of children remain in institutions or foster homes solely because of legal and other barriers to their placement in permanent, adoptive homes; that the majority of such children are of school age, handicapped, or both; that adoption may be the best alternative for assuring the healthy development of such children; that there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement; and that, in order both to enhance the stability and love of the child's home environment and to avoid wasteful expenditures of public funds, such children should not be maintained in foster care or institutions when adoption is appropriate and families for them can be found. It is, therefore, the purpose of this title to facilitate the elimination of barriers to adoption and to provide permanent and loving home environments for children who would benefit by adoption, particularly children with special needs by (1) promoting the establishment of model adoption legislation and procedures in the States and territories of the United States in order to eliminate jurisdictional and legal obstacles to adoption; and (2) providing a mechanism for the Department of Health, Education, and Welfare to (A) promote quality standards for adoption services (including pre-placement, post-placement, and post-adoption counseling and standards to protect the rights of children in need of adoption), and (B) provide for a national adoption and foster care information data gathering and analysis system and a national adoption information exchange system to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children. MODEL ADOPTION LEGISLATION AND PROCEDURES SEC. 202. (a) Not later than eighteen months after the date of Federal Register. enactment of this Act, the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") shall issue, based on 42 USC 5112. |