Pub. L. 95-266, tit. I, sec. 104
authorization of appropriations, earmarking, and sexual abuse centers
authorization of appropriations, earmarking, and sexual abuse centers Sec. 104. Section 5 of the Act (42 U.S.C. 5104) is amended by— (1) striking out “and” after “1975,” and striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “$25,000,000 for the fiscal year ending September 30, 1978, $27,500,000 for the fiscal year ending September 30, 1979, and $30,000,000 each for the fiscal years ending September 30, 1980, and September 30, 1981, respectively. Of the funds appropriated for any fiscal year under this section, not less than 50 per centum shall be used for making grants or contracts under sections 2(b)(5)(relating to research) and 4(a)(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 4(b)(1)(relating to grants to States) for the fiscal years ending September 30, 1978, 92 STAT. 207and 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 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 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) As 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.”.