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119th Congress

Title 42 — The Public Health and Welfare

Chapter 67 — Child Abuse Prevention and Treatment and Adoption Reform

§ 5106g. Definitions

Statutory text

(a)

Definitions

For purposes of this subchapter—

(1)

the term “Alaska Native” has the meaning given the term “Native” in section 1602 of title 43;

(2)

the term “infant or toddler with a disability” has the meaning given the term in section 1432 of title 20;

(3)

the term “Native Hawaiian” has the meaning given the term in section 7517 of title 20;

(4)

the term “sexual abuse” includes—

(A)

the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or

(B)

the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and

(5)

the term “withholding of medically indicated treatment” means the failure to respond to the infant’s life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician’s or physicians’ reasonable medical judgment—

(A)

the infant is chronically and irreversibly comatose;

(B)

the provision of such treatment would—

(i)

merely prolong dying;

(ii)

not be effective in ameliorating or correcting all of the infant’s life-threatening conditions; or

(iii)

otherwise be futile in terms of the survival of the infant; or

(C)

the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.

(b)

Special rule

(1)

In general

For purposes of section 3(2) 1 and subsection (a)(4), a child shall be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking.

(2)

State option

Notwithstanding the definition of “child” in section 3(1),1 a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) 1 and subsection (a)(4) as a person who has not attained the age of 24.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Child Abuse Prevention and Treatment Act

    Pub. L. 93–247 title I § 111 · [88 Stat. 4]

    Enacted · 42 U.S.C. § 5106g

    Pub. L. 93–247, title I, § 111, formerly § 14, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116

    Source evidence

    Code source credit
    Pub. L. 93–247, title I, § 111, formerly § 14, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116

  2. Child Abuse Prevention Challenge Grants Reauthorization Act of 1989

    Pub. L. 101–126 § 3(b)(7)(A) · 103 Stat. 764

    Amended · 42 U.S.C. § 5106g

    Pub. L. 101–126, § 3(b)(7)(A), made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act

    Source evidence

    Code amendment note
    Pub. L. 101–126, § 3(b)(7)(A), made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “this Act” and inserting “this title”;

  3. Child Abuse Prevention Challenge Grants Reauthorization Act of 1989

    Pub. L. 101–126 § 3(b)(7)(B) · 103 Stat. 764

    Changed · 42 U.S.C. § 5106g(1); 42 U.S.C. § 5106g(2); 42 U.S.C. § 5106g(9)

    Pub. L. 101–126, § 3(b)(7)(B)–(D), made technical amendments to references to sections 5101, 5102, and 5103 of this title to reflect renumbering of corresponding sections of original act

    Source evidence

    Code amendment note
    Pars. (1), (2), (9). Pub. L. 101–126, § 3(b)(7)(B)–(D), made technical amendments to references to sections 5101, 5102, and 5103 of this title to reflect renumbering of corresponding sections of original act.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “section 3” and inserting “section 102”;

  4. Pub. L. 104–235 § 110(1) · 110 Stat. 3063

    1. Redesignated · 42 U.S.C. § 5106g(1)

      Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (3) as (1)

    2. Struck · 42 U.S.C. § 5106g(1)

      Pub. L. 104–235, § 110(1), (2)(A), struck out former par. (1) which read as follows: “the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under section 5102 of this title;”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under section 5102 of this title;”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (5), and (9);

  5. Pub. L. 104–235 § 110(2)(A) · 110 Stat. 3063

    1. Redesignated · 42 U.S.C. § 5106g(2)

      Pub. L. 104–235, § 110(2)(A), (3), redesignated par. (4) as (2)

    2. Amended · 42 U.S.C. § 5106g(2)

      Pub. L. 104–235, § 110(2)(A), (3), amended it generally. Prior to amendment, par. (2) read as follows: “the term ‘child abuse and neglect’ means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child 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;”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 104–235, § 110(2)(A), (3), redesignated par. (4) as (2) and amended it generally. Prior to amendment, par. (2) read as follows: “the term ‘child abuse and neglect’ means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child 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;”.

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3), (4), and (6) through (8) as paragraphs (1) through (5), respectively; and

  6. Pub. L. 104–235 § 110(1) · 110 Stat. 3063

    Struck · 42 U.S.C. § 5106g(2)

    Pub. L. 104–235, § 110(1) struck out par. (2) which read as follows: “the term ‘Center’ means the National Center on Child Abuse and Neglect established under section 5101 of this title;”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–235, § 110(1) struck out par. (2) which read as follows: “the term ‘Center’ means the National Center on Child Abuse and Neglect established under section 5101 of this title;”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (5), and (9);

  7. Pub. L. 104–235 § 110(2)(A) · 110 Stat. 3063

    Redesignated · 42 U.S.C. § 5106g(3)

    Pub. L. 104–235, § 110(2)(A), redesignated par. (6) as (3). Former par. (3) redesignated (1)

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 104–235, § 110(2)(A), redesignated par. (6) as (3). Former par. (3) redesignated (1).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3), (4), and (6) through (8) as paragraphs (1) through (5), respectively; and

  8. Pub. L. 104–235 § 110(2)(A) · 110 Stat. 3063

    Redesignated · 42 U.S.C. § 5106g(4)

    Pub. L. 104–235, § 110(2)(A), (4), redesignated par. (7) as (4) and in subpar. (B) inserted “, and in cases of caretaker or inter-familial relationships, statutory rape” after “rape”. Former par. (4) redesignated (2)

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 104–235, § 110(2)(A), (4), redesignated par. (7) as (4) and in subpar. (B) inserted “, and in cases of caretaker or inter-familial relationships, statutory rape” after “rape”. Former par. (4) redesignated (2).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3), (4), and (6) through (8) as paragraphs (1) through (5), respectively; and

  9. Pub. L. 104–235 § 110(1) · 110 Stat. 3063

    1. Redesignated · 42 U.S.C. § 5106g(5)

      Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (8) as (5)

    2. Struck · 42 U.S.C. § 5106g(5)

      Pub. L. 104–235, § 110(1), (2)(A), struck out former par. (5) which read as follows: “the term ‘person who is responsible for the child’s welfare’ includes—

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: “the term ‘person who is responsible for the child’s welfare’ includes—

    “(A) any employee of a residential facility; and “(B) any staff person providing out-of-home care;”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (5), and (9);

  10. Pub. L. 104–235 § 110(2)(B) · 110 Stat. 3063

    Redesignated · 42 U.S.C. § 5106g(6)

    Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6). Former par. (6) redesignated (3)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6). Former par. (6) redesignated (3).

    Enacted provision · exact public law section
    (B) by redesignating paragraph (10) as paragraph (6);

  11. Pub. L. 104–235 § 110(2)(A) · 110 Stat. 3063

    Redesignated · 42 U.S.C. § 5106g(7); 42 U.S.C. § 5106g(8)

    Pub. L. 104–235, § 110(2)(A), redesignated pars. (7) and (8) as (4) and (5), respectively

    Source evidence

    Code amendment note
    Pars. (7), (8). Pub. L. 104–235, § 110(2)(A), redesignated pars. (7) and (8) as (4) and (5), respectively.

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3), (4), and (6) through (8) as paragraphs (1) through (5), respectively; and

  12. Pub. L. 104–235 § 110(1) · 110 Stat. 3063

    Struck · 42 U.S.C. § 5106g(9)

    Pub. L. 104–235, § 110(1), struck out par. (9) which read as follows: “the term ‘task force’ means the Inter-Agency Task Force on Child Abuse and Neglect established under section 5103 of this title; and”

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 104–235, § 110(1), struck out par. (9) which read as follows: “the term ‘task force’ means the Inter-Agency Task Force on Child Abuse and Neglect established under section 5103 of this title; and”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (5), and (9);

  13. Pub. L. 104–235 § 110(2)(B) · 110 Stat. 3063

    Redesignated · 42 U.S.C. § 5106g(10)

    Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6)

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6).

    Enacted provision · exact public law section
    (B) by redesignating paragraph (10) as paragraph (6);

  14. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 142(b)(1) · 124 Stat. 3459

    1. Redesignated · 42 U.S.C. § 5106g(1); 42 U.S.C. § 5106g(2)

      Pub. L. 111–320, § 142(b)(1), (2), redesignated pars. (7) and (8) as (1) and (2), respectively

    2. Struck · 42 U.S.C. § 5106g(1); 42 U.S.C. § 5106g(2)

      Pub. L. 111–320, § 142(b)(1), (2), struck out former pars. (1) and (2) which read as follows:

    Source evidence

    Code amendment note
    Pars. (1), (2). Pub. L. 111–320, § 142(b)(1), (2), redesignated pars. (7) and (8) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows:

    “(1) the term ‘child’ means a person who has not attained the lesser of— “(A) the age of 18; or “(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; “(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (3), (5), (9), and (11) of section 111;

  15. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 142(b)(1) · 124 Stat. 3459

    1. Redesignated · 42 U.S.C. § 5106g(3)

      Pub. L. 111–320, § 142(b)(1)–(3), redesignated par. (10) as (3)

    2. Struck · 42 U.S.C. § 5106g(3)

      Pub. L. 111–320, § 142(b)(1)–(3), struck out “and” at end

    3. Struck · 42 U.S.C. § 5106g(3)

      Pub. L. 111–320, § 142(b)(1)–(3), struck out former par. (3) which read as follows: “the term ‘Secretary’ means the Secretary of Health and Human Services;”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 111–320, § 142(b)(1)–(3), redesignated par. (10) as (3), struck out “and” at end, and struck out former par. (3) which read as follows: “the term ‘Secretary’ means the Secretary of Health and Human Services;”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (3), (5), (9), and (11) of section 111;

  16. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 142(b)(4) · 124 Stat. 3459

    Inserted · 42 U.S.C. § 5106g(4)(B)

    Pub. L. 111–320, § 142(b)(4), inserted “and” after semicolon at end

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 111–320, § 142(b)(4), inserted “and” after semicolon at end.

    Enacted provision · exact public law section
    (4) in paragraph (4), by adding “and” at the end; and

  17. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 142(b)(1) · 124 Stat. 3459

    1. Redesignated · 42 U.S.C. § 5106g(5)

      Pub. L. 111–320, § 142(b)(1), (5), redesignated par. (6) as (5)

    2. Struck · 42 U.S.C. § 5106g(5)

      Pub. L. 111–320, § 142(b)(1), (5), struck out former par. (5) which read as follows: “except as provided in section 5106a(f) of this title, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,;”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 111–320, § 142(b)(1), (5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “except as provided in section 5106a(f) of this title, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,;”.

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (3), (5), (9), and (11) of section 111;

  18. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 119(1) · 124 Stat. 3459

    1. Inserted · 42 U.S.C. § 5106g(5)

      Pub. L. 111–320, § 119(1), inserted “except as provided in section 5106a(f) of this title,” after “(5)”

    2. Inserted · 42 U.S.C. § 5106g(5)

      Pub. L. 111–320, § 119(1), inserted “and” after “Samoa,”

    3. Struck · 42 U.S.C. § 5106g(5)

      Pub. L. 111–320, § 119(1), struck out “and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–320, § 119(1), inserted “except as provided in section 5106a(f) of this title,” after “(5)”, inserted “and” after “Samoa,”, and struck out “and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands,”.

    Enacted provision · exact public law section
    (1) in paragraph (5)— (A) by inserting “except as provided in section 106(f),” after “(5)”; (B) by inserting “and” after “Samoa,”; and (C) by striking “and the Trust Territory of the Pacific Islands”;

  19. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 142(b)(5) · 124 Stat. 3459

    Redesignated · 42 U.S.C. § 5106g(6)

    Pub. L. 111–320, § 142(b)(5), redesignated par. (6) as (5)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 111–320, § 142(b)(5), redesignated par. (6) as (5).

    Enacted provision · exact public law section
    (5) by redesignating paragraph (6) as paragraph (5).

  20. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 119(2) · 124 Stat. 3459

    Substituted · 42 U.S.C. § 5106g(6)(C)

    Pub. L. 111–320, § 119(2), substituted a semicolon for period at end

    Source evidence

    Code amendment note
    Par. (6)(C). Pub. L. 111–320, § 119(2), substituted a semicolon for period at end.

    Enacted provision · exact public law section
    (2) in paragraph (6)(C), by striking the period and inserting a semicolon; and

  21. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 142(b)(1) · 124 Stat. 3459

    1. Redesignated · 42 U.S.C. § 5106g(7)(11)

      Pub. L. 111–320, § 142(b)(1), (2), redesignated pars. (7), (8), and (10) as (1), (2), and (3), respectively

    2. Struck · 42 U.S.C. § 5106g(7)(11)

      Pub. L. 111–320, § 142(b)(1), (2), struck out pars. (9) and (11) which read as follows:

    Source evidence

    Code amendment note
    Pars. (7) to (11). Pub. L. 111–320, § 142(b)(1), (2), redesignated pars. (7), (8), and (10) as (1), (2), and (3), respectively, and struck out pars. (9) and (11) which read as follows:

    “(9) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in section 450b of title 25;” “(11) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 11434a of this title.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (1), (2), (3), (5), (9), and (11) of section 111;

  22. CAPTA Reauthorization Act of 2010

    Pub. L. 111–320 § 119(3) · 124 Stat. 3459

    Added · 42 U.S.C. § 5106g(7)(11)

    Pub. L. 111–320, § 119(3), added pars. (7) to (11)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–320, § 119(3), added pars. (7) to (11).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(7) the term ‘Alaska Native’ has the meaning given the term ‘Native’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); “(8) the term ‘infant or toddler with a disability’ has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432); “(9) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); “(10) the term ‘Native Hawaiian’ has the meaning given the term in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517); and “(11) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).” .

  23. Ensuring a Better Response for Victims of Child Sex Trafficking

    Pub. L. 114–22 § 802(c)(1) · 129 Stat. 227

    1. Amended · 42 U.S.C. § 5106g

      Pub. L. 114–22, § 802(c)(1), designated existing provisions as subsec. (a)

    2. Inserted · 42 U.S.C. § 5106g

      Pub. L. 114–22, § 802(c)(1), inserted heading

    3. Added · 42 U.S.C. § 5106g

      Pub. L. 114–22, § 802(c)(1), added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 114–22, § 802(c)(1), designated existing provisions as subsec. (a) and inserted heading and added subsec. (b).

    Enacted provision · exact public law section
    (1) In general.— Section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended— (A) by striking “For purposes” and inserting the following: “(a) Definitions.— For purposes” ; and (B) by adding at the end the following: “(b) Special Rule.— “(1) In general.— For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. “(2) State option.— Notwithstanding the definition of ‘child’ in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24.” .

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. Amendment by Pub. L. 114–22 effective 2 years after May 29, 2015, see section 802(a) of Pub. L. 114–22, set out as a note under section 5106a of this title.

  24. Ensuring a Better Response for Victims of Child Sex Trafficking

    Pub. L. 114–22 § 802(c)(3) · 129 Stat. 227

    Substituted · 42 U.S.C. § 5106g(a)(5)(C)

    Pub. L. 114–22, § 802(c)(3), substituted period for semicolon at end

    Source evidence

    Code amendment note
    Subsec. (a)(5)(C). Pub. L. 114–22, § 802(c)(3), substituted period for semicolon at end.

    Enacted provision · exact public law section
    (3) Technical correction.— Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended by striking “inhumane;” and inserting “inhumane.”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. Amendment by Pub. L. 114–22 effective 2 years after May 29, 2015, see section 802(a) of Pub. L. 114–22, set out as a note under section 5106a of this title.

  25. Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215 · 129 Stat. 1802

    Changed · 42 U.S.C. § 5106g(3)

    Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20.

    Enacted provision · exact public law section
    SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS. (a) Act of April 16, 1934 (popularly Known as the Johnson-O’Malley Act).— Section 5(a) of the Act of April 16, 1934 (popularly known as the Johnson-O’Malley Act) (25 U.S.C. 456(a)) is amended by striking “section 7114(c)(4) of the Elementary and Secondary Education Act of 1965” and inserting “section 6114(c)(4) of the Elementary and Secondary Education Act of 1965”. (b) Adam Walsh Child Protection and Safety Act of 2006.— Section 153(h) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16962(h)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (c) Adult Education and Literacy Act.— Paragraph (8) of section 203 of the Adult Education and Literacy Act (29 U.S.C. 3272) is amended to read as follows: “(8) Essential components of reading instruction.— The term ‘essential components of reading instruction’ means explicit and systematic instruction in— “(A) phonemic awareness; “(B) phonics; “(C) vocabulary development; “(D) reading fluency, including oral reading skills; and “(E) reading comprehension strategies.” . (d) Age Discrimination Act of 1975.— Section 309(4)(B)(ii) of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (e) Age Discrimination in Employment Act of 1967.— Section 4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (f) Agricultural Act of 2014.— Section 7606(a) of the Agricultural Act of 2014 (7 U.S.C. 5940(a)) is amended by striking “the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.),”. (g) Agricultural Research, Extension, and Education Reform Act of 1998.— Section 413(b)(4) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7633(b)(4)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (h) Albert Einstein Distinguished Educator Fellowship Act of 1994.— Each of paragraphs (1), (2), and (3) of section 514 of the Albert Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 7838b) are amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (i) America COMPETES Act.— The America COMPETES Act (Public Law 110–69) is amended as follows: (1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”. (2) Section 6122 (20 U.S.C. 9832) is amended— (A) in paragraph (3), by striking “The term ‘low-income student’ has the meaning given the term ‘low-income individual’ in section 1707(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(3)).” and inserting “The term ‘low-income student’ means an individual who is determined by a State educational agency or local educational agency to be a child ages 5 through 19, from a low-income family, on the basis of data used by the Secretary to determine allocations under section 1124 of the Elementary and Secondary Education Act of 1965, data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, data on children in families receiving assistance under part A of title IV of the Social Security Act, or data on children eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act, or through an alternate method that combines or extrapolates from those data.”; and (B) in paragraph (4), by striking “The term ‘high concentration of low-income students’ has the meaning given the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).” and inserting “The term ‘high concentration of low-income students’, used with respect to a school, means a school that serves a student population 40 percent or more of who are low-income students.”. (3) Section 6123 (20 U.S.C. 9833) is amended— (A) in subsection (c), by striking “the activities carried out under section 1705 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6535).” and inserting the following: “any activities carried out under section 4104 or 4107 of the Elementary and Secondary Education Act of 1965 that provide students access to accelerated learning programs that provide— “(1) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or “(2) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate programs.” ; and (B) in subsection (j)(2)(B), by striking “section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))” and inserting “section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi))”. (4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 9871(e)(2)(D)(ii)(I)) is amended by striking “yearly test records of individual students with respect to assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b))” and inserting “yearly test records of individual students with respect to assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2))”. (5) Section 7001 (42 U.S.C. 1862o note) is amended— (A) in paragraph (4), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (7), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (j) American History and Civics Education Act of 2004.— Section 2(d) of the American History and Civics Education Act of 2004 (20 U.S.C. 6713 note) is amended by striking “to carry out part D of title V of the Elementary and Secondary Education Act of 1965” and inserting “to carry out section 2232 of the Elementary and Secondary Education Act of 1965”. (k) Anti-Drug Abuse Act of 1988.— Section 3521(d)(8)(A) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is amended by striking “education and instruction consistent with title IV of the Elementary and Secondary Education Act of 1965” and inserting “education and instruction consistent with part A of title IV of the Elementary and Secondary Education Act of 1965”. (l) Assets for Independence Act.— Section 404(11) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking “section 7207 of the Native Hawaiian Education Act” and inserting “section 6207 of the Native Hawaiian Education Act”. (m) Assistive Technology Act of 1998.— Section 4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 (29 U.S.C. 3003(c)(2)(B)(i)(V)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (n) Carl D. Perkins Career and Technical Education Act of 2006.— The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows: (1) Section 3 (20 U.S.C. 2302) is amended— (A) in paragraph (8), by striking “section 5210 of the Elementary and Secondary Education Act of 1965” and inserting “section 4310 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (11), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (19), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (D) in paragraph (27), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking “section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965” and inserting “section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”. (3) Section 113(b) (20 U.S.C. 2323(b)) is amended— (A) in paragraph (2)(A)— (i) by striking clause (i) and inserting the following: “(i) Student attainment of the challenging State academic standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined levels of achievement on the academic assessments described in section 1111(b)(2) of such Act.” ; and (ii) in clause (iv), by striking “(as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965)” and inserting “(as described in section 1111(c)(4)(A)(i)(I)(bb) of the Elementary and Secondary Education Act of 1965)”; and (B) in paragraph (4)(C)(ii)(I), by striking “categories” and inserting “subgroups”. (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking “integrating those programs with academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;” and inserting the following: “integrating those programs with challenging State academic standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;”. (5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by striking “section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)” and inserting “section 6207 of the Native Hawaiian Education Act”. (6) Section 122(c)(20 U.S.C. 2342(c)) is amended— (A) in paragraph (1)(I)(i), by striking “aligned with rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” and inserting “aligned with challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (7)(A)(i), by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is amended in paragraph (4)(A), by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended— (A) in subparagraph (B)(i), by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”; and (B) in subparagraph (E), by striking “in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “in order to provide a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is amended by striking “the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is amended by striking “in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “as part of a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (o) Child Abuse Prevention and Treatment Act.— Section 111(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(3)) is amended by striking “section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517);” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965;”. (p) Child Care and Development Block Grant Act of 1990.— The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended as follows: (1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking “(as defined in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517))” and inserting “(as defined in section 6207 of the Elementary and Secondary Education Act of 1965)”. (2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by striking “an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832)” and inserting “an individual who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited English proficient, as defined in section 637 of the Head Start Act (42 U.S.C. 9832)”. (q) Children’s Internet Protection Act.— Section 1721(g) of the Children’s Internet Protection Act (20 U.S.C. 9134 note; 114 Stat. 2763A-350), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763), is amended by striking “Notwithstanding any other provision of law, funds available under section 3134 or part A of title VI of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title.” and inserting “Notwithstanding any other provision of law, funds available under part B of title I of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title.”. (r) Civil Rights Act of 1964.— Section 606(2)(B) of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking “a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965),” and inserting “a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965),”. (s) Communications Act of 1934.— Section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) is amended— (1) in paragraph (5)(A)(iii), by striking “an elementary or secondary school as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “an elementary school or a secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965”; and (2) in paragraph (7)(A), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (t) Community Services Block Grant Act.— Section 682(b)(4) of the Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (u) Congressional Award Act.— Section 203(3)(A) of the Congressional Award Act (2 U.S.C. 812(3)(A)) is amended by striking “section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (v) Department of Education Organization Act.— Section 215(b)(2)(A) of the Department of Education Organization Act (20 U.S.C. 3423c) is amended by striking “be responsible for administering this title” and inserting “be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965”. (w) Department of Energy Science Education Enhancement Act.— Section 3181(a)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended by striking “with a high concentration of low-income individuals (as defined in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537))” and inserting “in which 40 percent or more of the students attending the school are children from low-income families”. (x) Department of Transportation and Related Agencies Appropriations Act, 2001.— Section 303 of the Department of Transportation and Related Agencies Appropriations Act, 2001, (49 U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law by section 101(a) of the Act entitled “An Act making appropriations for the Department of Transportation and related agencies for the fiscal year ending September, 30, 2001, and for other purposes”, approved October 23, 2000 (Public Law 106-346; 114 Stat. 1356), is amended by striking “except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents;” and inserting “except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965, for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents;”. (y) District of Columbia College Access Act of 1999.— Section 3(c)(5) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(5), D.C. Official Code) is amended by striking “section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (z) District of Columbia School Reform Act of 1995.— Section 2210(a) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.10(a), D.C. Official Code) is amended by striking paragraph (6) and inserting the following: “(6) Inapplicability of certain esea provisions.— The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: “(A) Paragraph (4) of section 1112(b) and paragraph (1) of section 1112(c). “(B) Section 1113. “(C) Subsections (d) and (e) of section 1116. “(D) Section 1117. “(E) Subsections (c) and (e) of section 1118.” . (aa) Earthquake Hazards.— Section 2(c)(1)(A) of the Act entitled “An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes”, approved October 1, 1997 (42 U.S.C. 7704 note) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (bb) Education Amendments of 1972.— Section 908(2)(B) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by striking “9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;”. (cc) Education Amendments of 1978.— Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended as follows: (1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by striking “part B of title I of the Elementary and Secondary Education Act of 1965” and inserting “subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965”. (2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by striking “the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)” and inserting “the Elementary and Secondary Education Act of 1965”. (dd) Education for Economic Security Act.— The Education for Economic Security Act (20 U.S.C. 3901 et seq.) is amended as follows: (1) Section 3 (20 U.S.C. 3902) is amended— (A) in paragraph (3), by striking “section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”; (B) in paragraph (7), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (8), by striking “section 198(a)(7) of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (D) in paragraph (12), by striking “section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”. (2) Section 511 (20 U.S.C. 4020) is amended— (A) by striking subparagraph (A) of paragraph (4) and inserting the following: “(A) any local educational agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and” ; and (B) by striking subparagraph (A) of paragraph (5) and inserting the following: “(A) any elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and” . (ee) Education of the Deaf Act of 1986.— Section 104(b)(5) of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking “select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3))” and inserting “select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))”; and (B) in clause (ii), by striking “2009–2010 academic year” and inserting “2016–2017 academic year”; (2) by striking subparagraph (B) and inserting the following: “(B) adopt the accountability system, consistent with section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph (A)(i); and” ; and (3) in subparagraph (C), by striking “whether the programs at the Clerc Center are making adequate yearly progress” and inserting “the results of the annual evaluation of the programs at the Clerc Center”. (ff) Education Sciences Reform Act of 2002.— The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended as follows: (1) Paragraph (1) of section 102 (20 U.S.C. 9501) is amended to read as follows: “(1) (A) In general.— The terms ‘elementary school’, ‘secondary school’, ‘local educational agency’, and ‘State educational agency’ have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. “(B) Outlying areas.— The term ‘outlying areas’ has the meaning given such term in section 1121(c) of such Act. “(C) Freely associated states.— The term ‘freely associated states’ means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.” . (2) Section 173(b) (20 U.S.C. 9563(b)) is amended by striking “part E of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6491 et seq.)” and inserting “section 8601 of the Elementary and Secondary Education Act of 1965”. (gg) Educational Technical Assistance Act of 2002.— The Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended as follows: (1) Section 202 (20 U.S.C. 9601) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 203 (20 U.S.C. 9602) is amended— (A) in subsection (a)(2)(B), by striking “the number of schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))” and inserting “the number of schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”; (B) in subsection (e)(3), by striking “schools in the region that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))” and inserting “schools in the region that are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”; and (C) in subsection (f)(1)(B), by striking “and encouraging and sustaining school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)))” and inserting “, and particularly assisting those schools implementing comprehensive support and improvement and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965,”. (hh) Family and Medical Leave Act of 1993.— Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (ii) Family Violence Prevention and Services Act.— Section 302(6) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(6)) is amended by striking “section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965.”. (jj) FDA Food Safety Modernization Act.— Section 112(a)(2) of the FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (kk) Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.— Section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a) is amended— (1) in subsection (a), by striking “subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))” and inserting “subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7003(a)(1)”; and (2) in subsection (g), by striking “section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).” and inserting “section 7013 of the Elementary and Secondary Education Act of 1965.”. (ll) Food and Agriculture Act of 1977.— Section 1417(j)(1)(B) of the Food and Agriculture Act of 1977 (7 U.S.C. 3152(j)(1)(B)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (mm) General Education Provisions Act.— The General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended as follows: (1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by striking “section 9601 of the Elementary and Secondary Education Act of 1965” and inserting “section 8601 of the Elementary and Secondary Education Act of 1965”. (2) Section 426 (20 U.S.C. 1228) is amended by striking “title VIII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 8003(d) of such Act or residing on property described in section 8013(10) of such Act.” and inserting “title VII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 7003(d) of such Act or residing on property described in section 7013(10) of such Act.”. (3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is amended by striking “an elementary or secondary school as defined by the Elementary and Secondary Education Act of 1965” and inserting “an elementary or secondary school (as defined by the terms ‘elementary school’ and ‘secondary school’ in section 8101 of the Elementary and Secondary Education Act of 1965)”. (4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by striking “part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application” and inserting “part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application”. (5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is amended by striking “part A of title V” and inserting “part A of title IV”. (nn) Head Start Act.— The Head Start Act (42 U.S.C. 9831 et seq.) is amended as follows: (1) Section 637 (42 U.S.C. 9832) is amended— (A) in the paragraph relating to a delegate agency, by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in subparagraph (A)(ii)(I) of the paragraph relating to limited English proficient, by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a native resident of an outlying area (as defined in such section 9101);” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101);”. (2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended— (A) in subparagraph (H)— (i) by striking clause (i); (ii) by redesignating clauses (ii) through (vii) as clauses (i) through (vi), respectively; and (iii) in clause (i) (as so redesignated)— (I) by striking “other”; and (II) by striking “that Act” and inserting “the Elementary and Secondary Education Act of 1965”; and (B) in subparagraph (J)(iii), by striking “, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)”. (3) Section 642 (42 U.S.C. 9837) is amended— (A) in subsection (b)(4), by striking “, such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)”; and (B) in subsection (e)(3), by striking “Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),”. (4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended— (A) in paragraph (7)(B), by striking “the information provided to parents of limited English proficient children under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)” and inserting “the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965”; and (B) in paragraph (8), by striking “parental involvement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)” and inserting “parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965”. (5) Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii)) is amended by striking “, and for activities described in section 1222(d) of the Elementary and Secondary Education Act of 1965),”. (6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi)) is amended— (A) by striking subclause (III); (B) by redesignating subclauses (IV) through (VII) as subclauses (III) through (VI), respectively; and (C) in subclause (III) (as so redesignated)— (i) by striking “other”; and (ii) by striking “that Act” and inserting “the Elementary and Secondary Education Act of 1965”. (oo) Higher Education Act of 1965.— The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: (1) Section 103 (20 U.S.C. 1003) is amended— (A) in paragraph (9), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (10), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (11), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (D) in paragraph (16), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (E) in paragraph (21), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 200 (20 U.S.C. 1021) is amended— (A) in paragraph (3), by striking “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “The term ‘core academic subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography”; (B) in paragraph (5), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (6)(B), by striking “section 5210 of the Elementary and Secondary Education Act of 1965)” and inserting “section 4310 of the Elementary and Secondary Education Act of 1965)”; (D) by striking paragraph (7) and inserting the following: “(7) Essential components of reading instruction.— The term ‘essential components of reading instruction’ has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.” ; (E) by striking paragraph (8) and inserting the following: “(8) Exemplary teacher.— The term ‘exemplary teacher’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act.” ; (F) in paragraph (10)(A)— (i) in clause (iii), by striking “section 6211(b) of the Elementary and Secondary Education Act of 1965” and inserting “section 5211(b) of the Elementary and Secondary Education Act of 1965”; and (ii) in clause (iv), by striking “section 6221(b) of the Elementary and Secondary Education Act of 1965” and inserting “section 5221(b) of the Elementary and Secondary Education Act of 1965”; (G) in paragraph (15), by striking “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.”; (H) in paragraph (16), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (I) in paragraph (19), by striking “section 9101 of the Elementary and Secondary Education Act of 1965.” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965.”. (3) Section 202 (20 U.S.C. 1022a) is amended in subsection (b)(6)(E)(ii), by striking “student academic achievement standards and academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” and inserting “challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,”. (4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is amended by striking “are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965” and inserting “are aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965”. (5) Section 241 (20 U.S.C. 1033)) is amended by striking paragraph (2) and inserting the following: “(2) Scientifically based reading research.— The term ‘scientifically based reading research’— “(A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and “(B) includes research that— “(i) employs systemic, empirical methods that draw on observation or experiment; “(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; “(iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and “(iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review.” . (6) Section 317(b) (20 U.S.C. 1059d(b)) is amended— (A) in paragraph (1), by striking “section 7306 of the Elementary and Secondary Education Act of 1965;” and inserting “section 6306 of the Elementary and Secondary Education Act of 1965;”; and (B) in paragraph (3), by striking “section 7207 of the Elementary and Secondary Education Act of 1965; and” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965; and”. (7) Section 402E(d)(2) (20 U.S.C. 1070a–15(d)(2)) is amended— (A) in subparagraph (A), by striking “Alaska Natives, as defined in section 7306 of the Elementary and Secondary Education Act of 1965;” and inserting “Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965;”; and (B) in subparagraph (B), by striking “Native Hawaiians, as defined in section 7207 of such Act” and inserting “Native Hawaiians, as defined in section 6207 of such Act”. (8) Section 428K (20 U.S.C. 1078–11) is amended in subsection (b)— (A) in paragraph (5)(B)(iv), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) by striking paragraph (8) and inserting the following: “(8) School counselors.— The individual— “(A) is employed full-time as a school counselor who has documented competence in counseling children and adolescents in a school setting and who— “(i) is licensed by the State or certified by an independent professional regulatory authority; “(ii) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or “(iii) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; and “(B) is so employed in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school.” . (9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by striking “eligible to be counted under title I of the Elementary and Secondary Education Act of 1965” and inserting “eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965”. (10) Section 481(f) (20 U.S.C. 1088(f)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (11) Section 819(b) (20 U.S.C. 1161j) is amended— (A) in paragraph (1), by striking “section 7306 of the Elementary and Secondary Education Act of 1965.” and inserting “section 6306 of the Elementary and Secondary Education Act of 1965.”; and (B) in paragraph (4), by striking “section 7207 of the Elementary and Secondary Education Act of 1965.” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965.”. (12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965)”. (pp) Impact Aid Improvement Act of 2012.— Section 563(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 7702 note) as amended by section 7001(a), is further amended by striking “Notwithstanding section 8005(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) for fiscal year 2010.” and inserting “With respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, for fiscal year 2010, title VIII of the Elementary and Secondary Education Act of 1965 (including the amendments made by subsection (b)(1)), as in effect on such date, and subsection (b)(1) shall take effect with respect to such applications, notwithstanding section 8005(d) of such Act, as in effect on such date.”. (qq) Indian Health Care Improvement Act.— Section 726(b)(3)(D)(iii) of the Indian Health Care Improvement Act (25 U.S.C. 1667e(b)(3)(D)(iii)) is amended by striking “a school receiving payments under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702, 7703).” and inserting “a school receiving payments under section 7002 or 7003 of the Elementary and Secondary Education Act of 1965.”. (rr) Indian Self-Determination and Education Assistance Act.— Section 209 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458e) is amended by striking “assistance provided under title IX of the Elementary and Secondary Education Act of 1965.” and inserting “assistance provided under title VI of the Elementary and Secondary Education Act of 1965.”. (ss) Individuals With Disabilities Education Act.— The Individuals with Disabilities Education Act is amended as follows: (1) Section 602 (20 U.S.C. 1401) is amended— (A) by striking paragraph (4); (B) in paragraph (8)(a)(3), by striking “under parts A and B of title III of that Act” and inserting “under part A of title III of that Act”; and (C) by striking paragraph (18) and inserting the following: “(18) Limited english proficient.— The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.” . (2) Section 611(e) (20 U.S.C. 1411(e)) is amended— (A) in paragraph (2)(C)— (i) in clause (x), by striking “6111 of the Elementary and Secondary Education Act of 1965” and inserting “1201 of the Elementary and Secondary Education Act of 1965”; and (ii) in clause (xi)— (I) by striking “including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to children with disabilities, in schools or local educational agencies identified for improvement under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities” and inserting “including direct student services described in section 1003A(c)(3) of the Elementary and Secondary Education Act of 1965 to children with disabilities, to schools or local educational agencies implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities”; and (II) by striking “to meet or exceed the objectives established by the State under section 1111(b)(2)(G) the Elementary and Secondary Education Act of 1965” and inserting “based on the challenging academic standards described in section 1111(b)(1) of such Act”; and (B) in paragraph (3)(C)(ii)(I)(bb), by striking “section 9101” and inserting “section 8101”. (3) Section 612(a) (20 U.S.C. 1412(a)) is amended— (A) in paragraph (15)— (i) in subparagraph (A), by striking clause (ii) and inserting the following: “(ii) are the same as the State’s long-term goals and measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965;” ; (ii) in subparagraph (B), by striking “including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II)” and inserting “including measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i)”; and (B) in paragraph (16)(C)(ii)— (i) in subclause (I), by striking “State’s challenging academic content standards and challenging student academic achievement standards” and inserting “challenging State academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and alternate academic achievement standards under section 1111(b)(1)(E) of such Act”; and (ii) in subclause (II), by striking “the regulations promulgated to carry out section 1111(b)(1) of the Elementary and Secondary Education Act of 1965,” and inserting “section 1111(b)(1)(E) of the Elementary and Secondary Education Act of 1965,”. (4) Section 613(a) (20 U.S.C. 1413(a)) is amended in paragraph (3), by striking “subject to the requirements of section 612(a)(14) and section 2122 of the Elementary and Secondary Education Act of 1965” and inserting “subject to the requirements of section 612(a)(14) and section 2102(b) of the Elementary and Secondary Education Act of 1965”. (5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is amended by inserting “, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act” after “1965”. (6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is amended by striking “and 2112,” and inserting “and 2101(d)”. (7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by striking “and 2112,” and inserting “and 2101(d),”. (8) Section 654 (20 U.S.C. 1454) is amended— (A) in subsection (a)— (i) in paragraph (1)(B), by striking “challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “challenging State academic achievement standards and with the requirements for professional development, as defined in section 8101 of such Act”; and (ii) in paragraph (5)(A), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in subsection (b)(10), by inserting “(as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act)” after “1965”. (9) Section 662(b)(2)(A)(viii) (20 U.S.C. 1462(b)(2)(A)(viii)) is amended by striking “section 7113(d)(1)(A)(ii)” and inserting “section 6113(d)(1)(A)(ii)”. (10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by striking and inserting the following: “(2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments for assessing student academic achievement, as described under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;” . (11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is amended by striking “payments under title VIII of the Elementary and Secondary Education Act of 1965;” and inserting “payments under title VII of the Elementary and Secondary Education Act of 1965;”. (tt) National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is amended by striking “section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)));” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965);”. (uu) Internal Revenue Code of 1986.— The Internal Revenue Code of 1986 is amended as follows: (1) Section 54E(d)(2) 26 USC 54E. is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 457(e)(11)(D)(ii)(I) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (3) Section 1397E(d)(4)(B) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (vv) James Madison Memorial Fellowship Act.— Section 815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by striking “9101” and inserting “8101”. (ww) John Warner National Defense Authorization Act for Fiscal Year 2007.— Section 572(c) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2226) is amended by striking “section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (xx) Legislative Branch Appropriations Act, 1987.— Section 104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591) (2 U.S.C. 5540(3)(B)(ii)) is amended by striking “given such terms in section 9101” and inserting “given the terms elementary school and secondary school in section 8101”. (yy) Legislative Branch Appropriations Act, 1997.— Section 5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 66319(d)(1)) is amended by striking “public elementary or secondary school as such terms are defined in section 9101” and inserting “elementary school or secondary school, as such terms are defined in section 8101”. (zz) McKinney-Vento Homeless Assistance Act.— Section 725(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(3)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (aaa) Museum and Library Services Act.— The Museum and Library Services Act (20 U.S.C. 9161 et seq.) is amended as follows: (1) Section 204(f) (20 U.S.C. 9103(f)) is amended by striking paragraph (1) and inserting the following: “(1) activities under section 2226 of the Elementary and Secondary Education Act of 1965;” . (2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is amended by striking “including coordination with the activities within the State that are supported by a grant under section 1251 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6383)” and inserting “including coordination with the activities within the State that are supported by a grant under section 2226 of the Elementary and Secondary Education Act of 1965”. (3) Section 261 (20 U.S.C. 9161) is amended by striking “represent Native Hawaiians (as the term is defined in section 7207 of the Native Hawaiian Education Act” and inserting “represent Native Hawaiians (as the term is defined in section 6207 of the Native Hawaiian Education Act)”. (4) Section 274(d) (20 U.S.C. 9173(d)) is amended by striking “represent Native Hawaiians (as defined in section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)),” and inserting “represent Native Hawaiians (as defined in section 6207 of the Native Hawaiian Education Act),”. (bbb) National and Community Service Act of 1990.— The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as follows: (1) Section 101 (42 U.S.C. 12511) is amended— (A) in paragraph (15), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (24), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (39), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (D) in paragraph (45), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is amended by striking “not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is amended by striking “the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education” and inserting “the four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended in subparagraph (C)(iii), by striking “secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in applicable regulations promulgated by the Department of Education” and inserting “four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (ccc) National Defense Authorization Act for Fiscal Year 2006.— Section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b) is amended— (1) in subsection (a)(2), by striking “section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)).” and inserting “section 7003(a)(1) of the Elementary and Secondary Education Act of 1965.”; and (2) in subsection (e)(2), by striking “section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).” and inserting “section 7013(9) of the Elementary and Secondary Education Act of 1965.”. (ddd) National Defense Authorization Act for Fiscal Year 2012.— Section 532(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) (10 U.S.C. 503 note; 125 Stat. 1403(a)(1)) is amended by striking “(as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)).” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965).”. (eee) National Defense Authorization Act for Fiscal Year 2014.— Section 573 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) (10 U.S.C. 503 note; 127 Stat. 772) is amended— (1) in subsection (a)(1), by striking “(as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)),” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965),”; and (2) in subsection (b), by striking “(as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38))” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (fff) National Environmental Education Act.— Section 3(5) of the National Environmental Education Act (20 U.S.C. 5502(5)) is amended by striking “ ‘local educational agency’ means any education agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;” and inserting “ ‘local educational agency’ means any education agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency;”. (ggg) National Science Foundation Authorization Act of 2002.— The National Science Foundation Authorization Act of 2002 (Public Law 107–368; 116 Stat. 3034) is amended as follows: (1) Section 4  (42 U.S.C. 1862n note) is amended— (A) in paragraph (3), by striking “The term ‘community college’ has the meaning given such term in section 3301(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011(3))” and inserting “The term ‘community college’ means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 that provides not less than a 2-year degree that is acceptable for full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the Tribally Controlled College or University Assistance Act of 1978”; (B) in paragraph (5), by striking “section 9101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(18))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (C) in paragraph (10), by striking “section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (D) in paragraph (13), by striking “section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (E) in paragraph (15), by striking “section 9101(41) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(41))” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 9 (42 U.S.C. 1862n) is amended— (A) in subsection (a)(10)(A)(iii) in subclause (III), by striking “(as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(a)(1))” and inserting “(as described in section 1114(a)(1)(A))”; and (B) in subsection (c)(4), by striking “the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)” and inserting “other programs with similar purposes”. (hhh) National Security Act of 1947.— Section 1015(2)(A) of the National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is amended by striking “(as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)))” and inserting “(as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (iii) Native American Languages Act.— Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended— (1) in paragraph (2), by striking “section 7151(3) of the Elementary and Secondary Education Act of 1965” and inserting “section 6151(3) of the Elementary and Secondary Education Act of 1965”; and (2) in paragraph (3), by striking “section 7207 of the Elementary and Secondary Education Act of 1965” and inserting “section 6207 of the Elementary and Secondary Education Act of 1965”. (jjj) Native Hawaiian Health Care Improvement Act.— Section 6(c)(4) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11705(c)(4)) is amended by striking “private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7207 of that Act (20 U.S.C. 7517)) first and to others” and inserting “private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 6207 of the Elementary and Secondary Education Act of 1965) first and to others”. (kkk) Public Health Service Act.— The Public Health Service Act is amended as follows: (1) Section 319C–1(b)(2)(A)(vii) (42 U.S.C. 247d–3a(b)(2)(A)(vii)) is amended by striking “including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965)” and inserting “including State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (3) Section 520E(l)(2) (42 U.S.C. 290bb–36(l)(2)) is amended by striking “elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (lll) Refugee Education Assistance Act of 1980.— Section 101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking “such terms under section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “such terms under section 8101 of the Elementary and Secondary Education Act of 1965”. (mmm) Rehabilitation Act of 1973.— The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended as follows: (1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and”. (2) Section 206 (29 U.S.C. 766) is amended by striking “(as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))” and inserting “(as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”. (4) (A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added by section 458 of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676), is amended by striking “local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or a State educational agency (as defined in such section)” and inserting “local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) or a State educational agency (as defined in such section)”. (B) 29 USC 794g note. The amendment made by subparagraph (A) shall take effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676) takes effect, and as if enacted as part of such section. (nnn) Richard B. Russell National School Lunch Act.— The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (ooo) Safe Drinking Water Act.— Section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j–21(3)) is amended— (1) in paragraph (3), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (2) in paragraph (6), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (ppp) Scholarships for Opportunity and Results Act.— The Scholarships for Opportunity and Results Act (division C of Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official Code) is amended as follows: (1) In section 3003 (sec. 38–1853.03, D.C. Official Code), by striking “identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (2) In section 3006(1)(A) (sec. 38–1853.06(1)(A), D.C. Official Code), by striking “identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (3) In section 3007 (sec. 38–1853.07, D.C. Official Code)— (A) in subsection (a)(4)(F), by striking “ensures that, with respect to core academic subjects (as such term is defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))” and inserting “ensures that, with respect to core academic subjects (as such term was defined in section 9101(11) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(11)) on the day before the date of enactment of the Every Student Succeeds Act)”; and (B) in subsection (d), by striking “identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)” and inserting “implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965”. (4) In section 3013 (sec. D.C. Code 38–1853.13, D.C. Official Code)— (A) in paragraph (5), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (8), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (qqq) Social Security Act.— The Social Security Act (42 U.S.C. 301 et seq.) is amended as follows: (1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is amended by striking “local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “local educational agencies (as defined under section 8101 of the Elementary and Secondary Education Act of 1965)”. (2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) is amended by striking “as defined under section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “as defined under section 8101 of the Elementary and Secondary Education Act of 1965”. (rrr) State Dependent Care Development Grants Act.— Section 670G(6) of the State Dependent Care Development Grants Act (42 U.S.C. 9877(6)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (sss) Stevenson-Wydler Technology Innovation Act of 1980.— Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(8)) is amended— (1) in subparagraph (D), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (2) in subparagraph (G), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (3) in subparagraph (H), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (ttt) Telecommunications Act of 1996.— Section 706(d)(2) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (uuu) Title 10, United States Code.— Title 10, United States Code, is amended as follows: (1) Section 503 of title 10, United States Code, is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 1154(a) of title 10, United States Code, is amended— (A) in paragraph (1), by striking “section 5210(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i(1))” and inserting “section 4310 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (3)(C), by striking “section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b))” and inserting “section 5211(b) of the Elementary and Secondary Education Act of 1965”; and (C) in paragraph (8), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (3) Section 2008 of title 10, United States Code, is amended by striking “section 8013(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act (20 U.S.C. 7708)” and inserting “section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act”. (4) Section 2194(f)(2) of title 10, United States Code, is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (vvv) Title 23, United States Code.— Section 504(d)(4) of title 23, United States Code, is amended— (1) in subparagraph (B), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (2) in subparagraph (C), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (www) Title 40, United States Code.— Section 502(c)(3)(C) of title 40, United States Code, is amended by striking “section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)” and inserting “section 7013 of the Elementary and Secondary Education Act of 1965”. (xxx) Toxic Substances Control Act.— The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended as follows: (1) Section 202 (15 U.S.C. 2642) is amended— (A) in paragraph (7), by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; (B) in paragraph (9), by striking “any elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “any elementary school or secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”; and (C) in paragraph (12), by striking “elementary or secondary school as defined in section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 302(1) (15 U.S.C. 2662(1)) is amended by striking “section 9101 of the Elementary and Secondary Education Act of 1965” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (yyy) Workforce Innovation and Opportunity Act.— The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) is amended as follows: (1) Section 3 (29 U.S.C. 3102) is amended— (A) in paragraph (34), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”; and (B) in paragraph (55), by striking “section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 3112(b)(2)(D)(ii)(I)) is amended by striking “with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))” and inserting “with challenging State academic standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))”. (3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is amended by striking “(based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311))” and inserting “(based on challenging State academic standards established under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1))”. (4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by striking “section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517).” and inserting “section 6207 of the Native Hawaiian Education Act.”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. Amendment by Pub. L. 114–22 effective 2 years after May 29, 2015, see section 802(a) of Pub. L. 114–22, set out as a note under section 5106a of this title.

  26. Trafficking Victims Prevention and Protection Reauthorization Act of 2022

    Pub. L. 117–348 title I § 133 · 136 Stat. 6211

    Substituted · 42 U.S.C. § 5106g(b)(1)

    Pub. L. 117–348 substituted “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking.” for “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 7102 of title 22) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 117–348 substituted “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking.” for “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 7102 of title 22) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section.”

    Enacted provision · exact public law section
    SEC. 133. AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.   Section 111(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g(b)(1)) is amended by striking “a victim of” and all that follows and inserting “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking.”.

37 of 38 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 3, referred to in subsec. (b), means section 3 of Pub. L. 93–247, which is set out as a Definitions note under section 5101 of this title.

Prior Provisions

A prior section 111 of Pub. L. 93–247 was renumbered section 109 and is classified to section 5106e of this title.

Amendments1989–2023 · 5 rounds

2023

Subsec. (b)(1). Pub. L. 117–348 substituted “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of human trafficking.” for “a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 7102 of title 22) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section.”

2015

Pub. L. 114–22, § 802(c)(1), designated existing provisions as subsec. (a) and inserted heading and added subsec. (b).

Subsec. (a)(5)(C). Pub. L. 114–22, § 802(c)(3), substituted period for semicolon at end.

Par. (3). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20.

2010

Pars. (1), (2). Pub. L. 111–320, § 142(b)(1), (2), redesignated pars. (7) and (8) as (1) and (2), respectively, and struck out former pars. (1) and (2) which read as follows:

“(1) the term ‘child’ means a person who has not attained the lesser of—

“(A) the age of 18; or

“(B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;

“(2) the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;”.

Par. (3). Pub. L. 111–320, § 142(b)(1)–(3), redesignated par. (10) as (3), struck out “and” at end, and struck out former par. (3) which read as follows: “the term ‘Secretary’ means the Secretary of Health and Human Services;”.

Par. (4)(B). Pub. L. 111–320, § 142(b)(4), inserted “and” after semicolon at end.

Par. (5). Pub. L. 111–320, § 142(b)(1), (5), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “except as provided in section 5106a(f) of this title, the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,;”.

Pub. L. 111–320, § 119(1), inserted “except as provided in section 5106a(f) of this title,” after “(5)”, inserted “and” after “Samoa,”, and struck out “and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands,”.

Par. (6). Pub. L. 111–320, § 142(b)(5), redesignated par. (6) as (5).

Par. (6)(C). Pub. L. 111–320, § 119(2), substituted a semicolon for period at end.

Pars. (7) to (11). Pub. L. 111–320, § 142(b)(1), (2), redesignated pars. (7), (8), and (10) as (1), (2), and (3), respectively, and struck out pars. (9) and (11) which read as follows:

“(9) the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in section 450b of title 25;”

“(11) the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 11434a of this title.”

Pub. L. 111–320, § 119(3), added pars. (7) to (11).

1996

Par. (1). Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (3) as (1) and struck out former par. (1) which read as follows: “the term ‘board’ means the Advisory Board on Child Abuse and Neglect established under section 5102 of this title;”.

Par. (2). Pub. L. 104–235, § 110(2)(A), (3), redesignated par. (4) as (2) and amended it generally. Prior to amendment, par. (2) read as follows: “the term ‘child abuse and neglect’ means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child 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;”.

Pub. L. 104–235, § 110(1) struck out par. (2) which read as follows: “the term ‘Center’ means the National Center on Child Abuse and Neglect established under section 5101 of this title;”.

Par. (3). Pub. L. 104–235, § 110(2)(A), redesignated par. (6) as (3). Former par. (3) redesignated (1).

Par. (4). Pub. L. 104–235, § 110(2)(A), (4), redesignated par. (7) as (4) and in subpar. (B) inserted “, and in cases of caretaker or inter-familial relationships, statutory rape” after “rape”. Former par. (4) redesignated (2).

Par. (5). Pub. L. 104–235, § 110(1), (2)(A), redesignated par. (8) as (5) and struck out former par. (5) which read as follows: “the term ‘person who is responsible for the child’s welfare’ includes—

“(A) any employee of a residential facility; and

“(B) any staff person providing out-of-home care;”.

Par. (6). Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6). Former par. (6) redesignated (3).

Pars. (7), (8). Pub. L. 104–235, § 110(2)(A), redesignated pars. (7) and (8) as (4) and (5), respectively.

Par. (9). Pub. L. 104–235, § 110(1), struck out par. (9) which read as follows: “the term ‘task force’ means the Inter-Agency Task Force on Child Abuse and Neglect established under section 5103 of this title; and”.

Par. (10). Pub. L. 104–235, § 110(2)(B), redesignated par. (10) as (6).

1989

Pub. L. 101–126, § 3(b)(7)(A), made technical amendment to reference to this subchapter to reflect the insertion of title designations in the original act.

Pars. (1), (2), (9). Pub. L. 101–126, § 3(b)(7)(B)–(D), made technical amendments to references to sections 5101, 5102, and 5103 of this title to reflect renumbering of corresponding sections of original act.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Amendment by Pub. L. 114–22 effective 2 years after , see section 802(a) of Pub. L. 114–22, set out as a note under section 5106a of this title.

Credits

1988–2023 · 7 acts
  1. 1988Pub. L. 93–247, title I, § 111, formerly § 14, as added Pub. L. 100–294, title I, § 101, , 102 Stat. 116
  2. 1989renumbered title I, § 113, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(7), , 103 Stat. 764, 765
  3. 1996renumbered § 111 and amended Pub. L. 104–235, title I, §§ 110, 113(a)(1)(B), , 110 Stat. 3078, 3079
  4. 2010Pub. L. 111–320, title I, §§ 119, 142(b), , 124 Stat. 3477, 3483
  5. 2015Pub. L. 114–22, title VIII, § 802(c)(1), (3), , 129 Stat. 264
  6. 2015Pub. L. 114–95, title IX, § 9215(o), , 129 Stat. 2170
  7. 2023Pub. L. 117–348, title I, § 133, , 136 Stat. 6221.
Show as published

(Pub. L. 93–247, title I, § 111, formerly § 14, as added Pub. L. 100–294, title I, § 101, , 102 Stat. 116; renumbered title I, § 113, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(7), , 103 Stat. 764, 765; renumbered § 111 and amended Pub. L. 104–235, title I, §§ 110, 113(a)(1)(B), , 110 Stat. 3078, 3079; Pub. L. 111–320, title I, §§ 119, 142(b), , 124 Stat. 3477, 3483; Pub. L. 114–22, title VIII, § 802(c)(1), (3), , 129 Stat. 264; Pub. L. 114–95, title IX, § 9215(o), , 129 Stat. 2170; Pub. L. 117–348, title I, § 133, , 136 Stat. 6221.)

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