
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5104]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5104. National clearinghouse for information relating to 
        child abuse
        

(a) 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.

(b) Functions

    The Secretary shall, through the clearinghouse established by 
subsection (a) of this section--
        (1) maintain, coordinate, and disseminate information on all 
    programs, including private programs, that show promise of success 
    with respect to the prevention, assessment, identification, and 
    treatment of child abuse and neglect; and
        (2) maintain and disseminate information relating to--
            (A) the incidence of cases of child abuse and neglect in the 
        United States;
            (B) the incidence of such cases in populations determined by 
        the Secretary under section 105(a)(1) of the Child Abuse 
        Prevention, Adoption, and Family Services Act of 1988; and
            (C) the incidence of any such cases related to alcohol or 
        drug abuse.

(c) Coordination with available resources

                           (1) In general

        In establishing a national clearinghouse as required by 
    subsection (a) of this section, the Secretary shall--
            (A) consult with other Federal agencies that operate similar 
        clearinghouses;
            (B) consult with the head of each agency involved with child 
        abuse and neglect and mechanisms for the sharing of such 
        information among other Federal agencies and clearinghouses on 
        the development of the components for information collection and 
        management of such clearinghouse;
            (C) develop a Federal data system involving the elements 
        under subsection (b) of this section which, to the extent 
        practicable, coordinates existing 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;

            (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 5105(a) \1\ of this title; and
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    \1\ See References in Text note below.
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            (F) solicit public comment on the components of such 
        clearinghouse.

                   (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.

(Pub. L. 93-247, title I, Sec. 103, formerly Sec. 5, Jan. 31, 1974, 88 
Stat. 7; Pub. L. 95-266, title I, Sec. 104, Apr. 24, 1978, 92 Stat. 206; 
Pub. L. 98-457, title I, Sec. 104, Oct. 9, 1984, 98 Stat. 1751; Pub. L. 
100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 105; renumbered 
title I, Sec. 104, and amended Pub. L. 101-126, Secs. 3(a)(1), (2), 
(b)(2), 6, Oct. 25, 1989, 103 Stat. 764, 765, 768; renumbered Sec. 103 
and amended Pub. L. 104-235, title I, Secs. 104, 113(a)(1)(A), Oct. 3, 
1996, 110 Stat. 3066, 3079.)

                       References in Text

    Section 105(a)(1) of the Child Abuse Prevention, Adoption, and 
Family Services Act of 1988, referred to in subsec. (b)(2)(B), is 
section 105(a)(1) of Pub. L. 100-294, which is set out as a note under 
section 5105 of this title.
    Section 5105(a) of this title, referred to in subsec. (c)(1)(E), was 
in the original a reference to section 105(a), meaning section 105(a) of 
Pub. L. 93-247 which was renumbered section 104 by Pub. L. 104-235, 
title I, Sec. 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3079. Section 106 of 
Pub. L. 93-247 was renumbered section 105 and is classified to section 
5106 of this title.


                            Prior Provisions

    A prior section 103 of Pub. L. 93-247 was classified to section 5103 
of this title prior to repeal by Pub. L. 104-235.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-235, Sec. 104(1), amended heading and 
text generally. Prior to amendment, text read as follows: ``Before the 
end of the 2-year period beginning on April 25, 1988, the Secretary 
shall through the Center, or by contract of no less than 3 years 
duration let through a competition, establish a national clearinghouse 
for information relating to child abuse.''
    Subsec. (b). Pub. L. 104-235, Sec. 104(2)(A), substituted 
``Secretary'' for ``Director'' in introductory provisions.
    Subsec. (b)(1). Pub. L. 104-235, Sec. 104(2)(B)(ii), which directed 
striking out ``, including'' and all that followed and inserting ``; 
and'', was executed to reflect the probable intent of Congress by 
substituting ``; and'' for ``, including the information provided by the 
National Center for Child Abuse and Neglect under section 5105(b) of 
this title;'' which was all that followed ``, including'' the second 
place it appeared.
    Pub. L. 104-235, Sec. 104(2)(B)(ii), inserted ``assessment,'' after 
``prevention,''.
    Subsec. (b)(2). Pub. L. 104-235, Sec. 104(2)(C), substituted 
``United States'' for ``general population'' in subpar. (A) and struck 
out subpar. (D) which read as follows: ``State and local recordkeeping 
with respect to such cases; and''.
    Subsec. (b)(3). Pub. L. 104-235, Sec. 104(2)(D), struck out par. (3) 
which read as follows: ``directly or through contract, identify 
effective programs carried out by the States pursuant to subchapter III 
of this chapter and provide technical assistance to the States in the 
implementation of such programs.''
    Subsec. (c)(1). Pub. L. 104-235, Sec. 104(3)(A), designated existing 
provisions as par. (1), inserted heading, and substituted ``Secretary'' 
for ``Director'' in introductory provisions. Former par. (1) 
redesignated (1)(A).
    Subsec. (c)(1)(A). Pub. L. 104-235, Sec. 104(3)(B), redesignated 
par. (1) as (1)(A) and realigned margin.
    Subsec. (c)(1)(B). Pub. L. 104-235, Sec. 104(3)(B), (C), 
redesignated par. (2) as (1)(B), realigned margin, and substituted 
``involved with child abuse and neglect and mechanisms for the sharing 
of such information among other Federal agencies and clearinghouses'' 
for ``that is represented on the task force''.
    Subsec. (c)(1)(C). Pub. L. 104-235, Sec. 104(3)(B), (C), 
redesignated par. (3) as (1)(C), realigned margin, and substituted 
``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;''
for ``State, regional, and local data systems; and''.
    Subsec. (c)(1)(D). Pub. L. 104-235, Sec. 104(3)(F), added subpar. 
(D). Former subpar. (D) redesignated (F).
    Pub. L. 104-235, Sec. 104(3)(B), redesignated par. (4) as (1)(D) and 
realigned margin.
    Subsec. (c)(1)(E). Pub. L. 104-235, Sec. 104(3)(F), added subpar. 
(E).
    Subsec. (c)(1)(F). Pub. L. 104-235, Sec. 104(3)(E), redesignated 
subpar. (D) as (F).
    Subsec. (c)(2). Pub. L. 104-235, Sec. 104(3)(G), added par. (2). 
Former par. (2) redesignated (1)(B).
    Subsec. (c)(3), (4). Pub. L. 104-235, Sec. 104(3)(B), redesignated 
pars. (3) and (4) as (1)(C) and (1)(D), respectively.
    1989--Subsec. (b)(1). Pub. L. 101-126, Sec. 3(b)(2)(A), made 
technical amendment to reference to section 5105(b) of this title to 
reflect renumbering of corresponding section of original act.
    Subsec. (b)(2)(B). Pub. L. 101-126, Sec. 3(b)(2)(B), inserted ``of 
the Child Abuse Prevention, Adoption, and Family Services Act of 1988'' 
after ``section 105(a)(1)''.
    Subsec. (b)(3). Pub. L. 101-126, Sec. 6, added par. (3).
    1988--Pub. L. 100-294 amended section generally, substituting 
provisions relating to national clearinghouse for information relating 
to child abuse for provisions relating to authorization of 
appropriations and funding requirements for child abuse and neglect and 
sexual abuse programs and projects. See section 5106h of this title.
    1984--Pub. L. 98-457, Sec. 104(a), struck out designation ``(a)'' 
before ``There are hereby authorized'', inserted provisions authorizing 
appropriations of $33,500,000 for fiscal year 1984, $40,000,000 for 
fiscal year 1985, $41,500,000 for fiscal year 1986, and $43,100,000 for 
fiscal year 1987, and substituted ``this section except as provided in 
the succeeding sentence, (A) not less than $9,000,000 shall be available 
in each fiscal year to carry out section 5103(b) of this title (relating 
to State grants), (B) not less than $11,000,000 shall be available in 
each fiscal year to carry out sections 5103(a) (relating to 
demonstration or service projects), 5101(b)(1) and 5101(b)(3) (relating 
to information dissemination), 5101(b)(5) (relating to research), and 
5103(c)(2) (relating to training, technical assistance, and information 
dissemination) of this title, giving special consideration to continued 
funding of child abuse and neglect programs or projects (previously 
funded by the Department of Health and Human Services) of national or 
regional scope and demonstated [sic] effectiveness, (C) $5,000,000 shall 
be available in each such year for grants and contracts under section 
5103(a) of this title for identification, treatment, and prevention of 
sexual abuse, and (D) $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 5103(c)(1) of this title. With respect to any 
fiscal year in which the total amount appropriated under this section is 
less than $30,000,000, funds shall first be available as provided in 
clauses (A) and (B) in the preceding sentence and of the remainder one-
half shall be available as provided for in clause (C) and one-half as 
provided for in clause (D) in the preceding sentence'' for ``this 
section, not less than 50 per centum shall be used for making grants or 
contracts under sections 5101(b)(5) of this title (relating to research) 
and 5103(a) of this title (relating to demonstration or service 
projects), giving special consideration to continued Federal funding of 
child abuse and neglect programs or projects (previously funded by the 
Department of Health, Education, and Welfare) of national or regional 
scope and demonstrated effectiveness, of not less than 25 per centum 
shall be used for making grants or contracts under section 5103(b)(1) of 
this title (relating to grants to States) for the fiscal years ending 
September 30, 1978, and September 30, 1979, respectively, and not less 
than 30 per centum shall be used for making grants or contracts under 
section 5103(b)(1) of this title (relating to grants to States) for each 
of the fiscal years ending September 30, 1980, and September 30, 1981, 
respectively''.
    Pub. L. 98-457, Sec. 104(b), struck out subsec. (b) which authorized 
appropriations for fiscal years ending Sept. 30, 1978, Sept. 30, 1979, 
Sept. 30, 1980, and Sept. 30, 1981, respectively, for purpose of making 
grants and entering into contracts for programs and projects designed to 
prevent, identify, and treat sexual abuse of children.
    1978--Pub. L. 95-266 designated existing provisions as subsec. (a), 
inserted provisions authorizing appropriations for fiscal year ending 
Sept. 30, 1978, through fiscal year ending Sept. 30, 1981, and 
provisions setting forth funding requirements for child abuse and 
neglect programs and projects, and added subsec. (b).
