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S. 1191 (93rd): Child Abuse Prevention and Treatment Act

The text of the bill below is as of Jan 31, 1974 (Passed Congress).

PUBLIC LAW 93-247-JAN. 31, 1974                      [88 STAT.

  Limitation.                "(2) The biweekly Government contribution for an employee or
                           annuitant enrolled in a plan under this chapter shall not exceed 75 per-
                          cent of the subscription charge.".
                             (b) Section 8906(c) of title 5, United States Code, is amended by
                          striking out "subsections (a) and ( b ) " and inserting "subsection ( b ) "
                          in lieu thereof.
                             (c^ Section 8906(g) of title 5, United States Code, is amended by
                          striking out "subsection (a) of".
  5 u s e 8905               SEC. 2. (a) Notwithstanding any other provision of law, an
note.
                          annuitant, as defined under section 8901(3) of title 5, United States
                          Code, who is participating or who is eligible to participate in the
                          health benefits program offered under the Retired Federal Employees
                          Health Benefits Act (74 Stat. 849; Public Law 86-724), may elect, in
                           accordance with regulations prescribed by the United States Civil
                          Service Commission, to be covered under the provisions of chapter 89
   5 u s e 8901.          of title 5, United States Code, in lieu of coverage under such Act.
                             (b) An annuitant who elects to be covered under the provisions of
                          chapter 89 of title 5, United States Code, in accordance with subsec-
                          tion (a) of this section, shall be entitled to the benefits under such
                          chapter 89.
                             SEC. 3. Section 8902 of title 5, United States Code, is amended by
                          adding at the end thereof the following subsection:
                             " ( j ) Each contract under this chapter shall require the carrier to
                          agree to pay for or provide a health service or supply in an individual
                          case if the Commission finds that the employee, annuitant, or family
                          member is entitled thereto under the terms of the contract,".
  Effective d a t e s .      SEC. 4. (a) The first section of this Act shall take effect on the first
  5 u s e 8906
note.                     day of the first applicable pay period which begins on or after Jan-
                          uary 1,1974.
  5 u s e 8905               (b) Section 2 shall take effect on the one hundred and eightieth
note.
                          day following the date of enactment or on such earlier date as the
                          United States Civil Service Commission may prescribe.
  S u s e 8902               (c) Section 3 shall become effective with respect to any contract
note.
                          entered into or renewed on or after the date of enactment of this
                          Act.
  Effective d a t e .        (d) The determination of the average of subscription charges and
  5 u s e 8906
note.                     the adjustment of the Government contributions for 1973, under sec-
                          tion 8906 of title 5, United States Code, as amended by the first sec-
                          tion of this Act, shall take effect on the first day of the first applicable
                          pay period which begins on or after the thirtieth day following the
                          date of enactment of this Act.
                             Approved January 3 1 , 1974.

                          Public Law 93-247
 January 3 1 , 1974                                           AN ACT
     [S. 1191}
                          To provide financial assistance for a demonstration program for the prevention,
                           identification, and treatment of child abuse and neglect, to establish a National
                           Center on Child Abuse and Neglect, and for other purposes.

                            Be it BTiacted hy the Senate and House of Representatives of the
   Child Abuse
 Prevention and           United States of America in Congress assembled, That this Act may
 Treatment A c t .        be cited as the "Child Abuse Prevention and Treatment Act".
   42 u s e 5 I 0 I
 note.

88 STAT. ] PUBLIC LAW 93-247-JAN. 31, 1974 T H E NATIONAL CENTER ON CHILD ABUSE A N D NEGLECT Establishment. SEC. 2. (a) The Secretary of Health, Education, and Welfare (here- 42 u s e 5101. inafter referred to in this Act as the "Secretary'') shall establish an office to be known as the National Center on Child Abuse and Neglect (hereinafter referred to in this Act as the "Center"). (b) The Secretary, through the Center, shall— (1) compile, analyze, and publish a summary annually of Annual r e s e a r c h summary. recently conducted and currently conducted research on child abuse and neglect; (2) develop and maintain an information clearinghouse on all Information clearinghouse programs, including private programs, showing promise of suc- cess, for the prevention, identification, and treatment of child abuse and neglect; (3) compile and publish training materials for personnel who are engaged or intend to engage in the prevention, identification, and treatment of child abuse and neglect; (4) provide technical assistance (directly or through grant or contract) to public and nonprofit private agencies and organiza- tions to assist them in planning, improving, developing, and carrying out progi-ams and activities relating to the prevention, identification, and treatment of child abuse and neglect; (5) conduct research into the causes of child abuse and neglect, and into the prevention, identification, and treatment thereof; and (6) make a complete and full study and investigation of the Study. national incidence of child abuse and neglect, including a deter- mination of the extent to which incidents of child abuse and neglect are increasing in number or severity. DEFINITION SEC. 3. For purposes of this Act the term "child abuse and neglect" • 2 u s e 5102, means the physical or mental injury, sexual abuse, negligent treat- ment, or maltreatment of a child under the age of eighteen 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 threatened thereby, as determined in accordance with regulations prescribed by the Secretary. DEMONSTRATION PROGRAMS AND PROJECTS SEC. 4. (a) The Secretary, through the Center, is authorized to make Grants and contracts. grants to, and enter into contracts with, public agencies or nonprofit 42 u s e 5103. private organizations (or combinations thereof) for demonstration programs and projects designed to prevent, identify, and treat child abuse and neglect. Grants or contracts under this suijsection may be— (1) for the development and establishment of training pro- grams for professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant
6 PUBLIC LAW 93-247-JAN. 31, 1974 [88 STAT. fields who are engaged in, or intend to work in, the field of the prevention, identification, and treatment of child abuse and neglect; and training programs for children,, and for persons responsible for the welfare of children, in methods of protecting children from child abuse and neglect; (2) for the establishment and maintenance of centers, serving denned geographic areas, staffed by multidisciplinary teams of personnel trained in the prevention, identification, and treatment of child abuse and neglect cases, to provide a broad range of services related to child abuse and neglect, including direct sup- port and supervision of satellite centers and attention homes, as well as providing advice and consultation to individuals, agencies, and organizations which request such services; (3) for furnishing services of teams of professional and para- professional personnel who are trained in the prevention, iden- tification, and treatment of child abuse and neglect cases, on a consulting basis to small communities where such services are not available; and (4) for such other innovative programs and projects, includ- ing programs and projects for parent self-help, and for prevention and treatment of drug-related cihild abuse and neglect, that show promise of successfully preventing or treating cases of child abuse and neglect as the Secretaiy may approve. Not less than 50 per centum of the funds appropriated under this Act for any fiscal year shall be used only for carrying out the provisions of this subsection. statTs"*^ '° ( b ) ( l ) O f the sums appropriated under this Act for any fiscal year, not less than 5 per centum and not more than 20 per centum may be used by the Secretary for making grants to the States for the payment of reasonable and necessary expenses for the purpose of assisiting the States in developing, strengthening, and carrying out child abuse and neglect prevention and treatment programs. (2) In order for a State to qualify for assistance under this sub- section, such State sihall— (A) have in effect a State child abuse and neglect law which shall include provisions for immunity for persons reporting instances of child abuse and neglect from prosecution, under any State or local law, arising out of such reporting; (B) provide for the reporting of known and suspected instances of child abuse and neglect; (C) provide that upon receipt of a report of known or suspected instances of child abuse or neglect an investigation shall be initiated promptly to substantiate the accuracy of the report, and, upon a finding of abuse or neglect, immediate steps shall be taken to protect the health and welfare of the abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect; (D) demonstrate that there are in effect throughout the State, in connection with the enforcement of child abuse and neglect laws and with the reporting of suspected instances of child abuse and neglect, such administrative procedures, such personnel trained in child abuse and neglect prevention and treatment, such training procedures, such institutional and other facilities (public and private), and such related multidisciplinary programs and services as may be necessary or appropriate to assure that the State will deal effectively with child abuse and neglect cases in the State;
88 STAT. ] PUBLIC LAW 93-247-JAN. 31, 1974 (E) provide for methods to preserve the confidentiality of all records in order to protect the I'ights of the child, his parents or guardians; ( F ) provide for the cooperation of law enforcement officials, courts of competent jurisdiction, and appropriate State agencies providing human services; (G) provide that in every case involving an abused or neglected child which results in a judicial proceeding a guardian ad litem shall be appointed to represent the child in such proceedings; (H) provide that the aggregate of support for programs or projects related to child abuse and neglect assisted by State funds shall not be reduced below the level provided during fiscal year 1973, and set forth policies and procedures designed to assure that Federal funds made available under this Act for any fiscal year will be so used as to supplement and, to the extent practicable, increase the level of State funds which would, in the absence of Federal funds, be available for such programs and projects; (I) provide for dissemination of information to the general public with respect to the problem of child abuse and neglect and the facilities and prevention and treatment methods available to combat instances of child abuse and neglect; and ( J ) to the extent feasible, insure that parental organizations combating child abuse and neglect receive preferential treatment. (3) Programs or projects related to child abuse and neglect assisted 42 u s e 601, under part A or B of title I V of the Social Security Act shall comply 620. with the requirements set forth in clauses ( B ) , (C), ( E ) , and (F) of paragraph (2). (c) Assistance provided pursuant to this section shall not be avail- able for construction of facilities; however, the Secretary is author- ized to supply such assistance for the lease or rental of facilities where adequate facilities are not otherwise available, and for repair or minor remodeling or alteration of existing facilities. (d) The Secretary shall establish criteria designed to achieve equi- table distribution of assistance under this section among the States, among geographic areas of the Nation, and among rural and urban areas. To the extent possible, citizens of each State shall receive assist- ance from at least one project under this section. AUTHORIZATIONS SEC. 5. There are hereby authorized to be appropriated for the pur- "^^ use 5io4. poses of this Act $15,000,000 for the fiscal year ending June 30, 1974, $20,000,000 for the fiscal year ending June 30, 1975, and $25,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year. ADVISORY BOARD ON C H I L D ABUSE AND NEGLECT SEC. 6. (a) The Secretary shall, within sixty days after the date of '^^ ^^'^ ^^°^' enactment of this Act, appoint an Advisory Board on Child Abuse and Neglect (hereinafter referred to as the "Advisory Board"), which shall be composed of representatives from Federal agencies with Membership, responsibility for programs and activities related to child abuse and neglect, including the Office of Child Development, the Office of Edu- cation, the National Institute of Education, the National Institute of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration. The Advisory Board shall assist the Secre- Functions. tary in coordinating programs and activities related to child abuse
PUBLIC LAW 93-248-FEB. 5, 1974 [88 STAT. and neglect administered or assisted under this Act with such pro- grams and activities administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. The Advisory Board shall also assist the Secretary in the development of Federal standards for child abuse and neglect prevention and treat- ment programs and projects. Report to (b) The Advisory Board shall prepare and submit, within eighteen President and C ongre s s. months after the date of enactment of this Act, to the President and to the Congress a report on the programs assisted under this Act and the programs, projects, and activities related to child abuse and neglect administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. Such report Shall include a study of the relationship between drug addiction and child abuse and neglect. (c) Of the funds appropriated under section 5, one-half of 1 per centum, or $1,000,000, whichever is the lesser, may be used by the Secretary only for purposes of the report under subsection ( b ) . COORDINATION 42 u s e 5106. SEC. 7. The Secretary shall promulgate regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination between programs related to child abuse and neglect under this Act and other such programs which are assisted by Federal funds. Approved January 31, 1974, Public Law 93-248 February 5, 1974 AN ACT [S.1070] To implement the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969. Be if enacted by the Senate and House of Representatives of the Intervention on United States of America in Congress assembled, That this Act may the High Seas Act. be cited as the "Intervention on the High Seas Act". 33 u s e 1471 SEC. 2. As used in this Act— note. Definitions. (1) "ship" means— 33 use 1471. (A) any seagoing vessel of any type whatsoever, and (B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; (2) "oil" means crude oil, fuel oil, diesel oil, and lubricating oil; (3) "convention" means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Cas- ualties, 19(59; (4) "Secretary" means the Secretary of the department in which the Coast Guard is operating; and (5) "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. 33 use 1472. SEC. 3, Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it result- ing in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by oil which