
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5106h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5106h. Authorization of appropriations


(a) In general

                      (1) General authorization

        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.

                    (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 make \1\ available not more than 
        40 percent of such amounts to carry out section 5106a of this 
        title.
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    \1\ So in original. Probably should be ``shall make''.
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(b) Availability of funds without fiscal year limitation

    The Secretary shall ensure that funds appropriated pursuant to 
authorizations in this subchapter shall remain available until expended 
for the purposes for which they were appropriated.

(Pub. L. 93-247, title I, Sec. 112, formerly Sec. 15, as added Pub. L. 
100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 117; renumbered 
title I, Sec. 114, and amended Pub. L. 101-126, Sec. 3(a)(1), (2), 
(b)(8), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102-295, title I, 
Sec. 117(a), May 28, 1992, 106 Stat. 197; renumbered Sec. 112 and 
amended Pub. L. 104-235, title I, Secs. 111, 113(a)(1)(B), Oct. 3, 1996, 
110 Stat. 3078, 3079.)


                            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

    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 appropriated to 
carry out this subchapter, except for section 5106a-1 of this title, 
$100,000,000 for fiscal year 1992, and such sums as may be necessary for 
each of the fiscal 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) 33\1/3\ percent shall be available for activities 
        under sections 5104, 5105, and 5106 of this title; and
            ``(ii) 66\2/3\ 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 follows: ``There are authorized 
to be appropriated for purposes of carrying out this subchapter 
$48,000,000 for fiscal year 1988, and such sums as may be necessary for 
fiscal years 1989, 1990, and 1991. Of the funds appropriated 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 sections 5106a(a) 
and 5106b 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 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 
appropriated in such fiscal year shall be available as provided 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, Sec. 3(b)(8), made technical amendments 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.


                    Effective Date of 1992 Amendment

    Section 117(b) of Pub. L. 102-295 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 subsection (a)(2)(B)(ii) of 
such section 114 (if such subsection 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 continue in effect.''
