(vii) community and social service referral, including early developmental screening of children; (viii) peer counseling;

(ix) referral for substance abuse counseling and treatment; and

(x) help line services.

(4) OUTREACH SERVICES.-The term "outreach services" means services provided to assist consumers, through voluntary home visits or other methods, in accessing and participating in family resource and support program activities.

(5) RESPITE CARE SERVICES.-The term "respite care services" means short term care services provided in the temporary absence of the regular caregiver (parent, other relative, foster parent, adoptive parent, or guardian) to children who—

(A) are in danger of abuse or neglect;

(B) have experienced abuse or neglect; or

(C) have disabilities, chronic, or terminal illnesses.

Such services shall be provided within or outside the home of the child, be short-term care (ranging from a few hours to a few weeks of time, per year), and be intended to enable the family to stay together and to keep the child living in the home and community of the child.

(42 U.S.C. 5116h)

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title, $66,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001.

(42 U.S.C. 5116i)

[TITLE III-REPEALED]

NOTES

Section 109(f) of this Act provides as follows:

"(f) FUNDS AVAILABLE.-For grants under this section, the Secretary shall use the amount authorized by section 1404A of the Victims of Crime Act of 1984.".

As stated in footnote 2 on page 20, section 1404A of the Victims of Crime Act of 1984 has several references that are probably inconsistent with the intent of the Congress regarding the relationship between such Act and this Act.

Section 1404A probably should be amended by striking "section 1402(d)(2)(D) and (d)(3). for" and inserting "paragraphs (2) and (3)(B) of section 1402(d) for", and also by striking "section 4(d)" and inserting "section 109". An explanation follows:

With respect to the general relationship between the two Acts: The Victims of Crime Act of 1984 is chapter XIV of title II of Public Law 98-473 (98 Stat. 2170). Section 1402 of such chapter (42 U.S.C. 10601) establishes the Crime Victims Fund (in this note referred to as the "Fund"). Section 1402(d) provides that certain amounts in the Fund are available for grants under section 1404A (42_U.S.C. 10603a), which section 1404A provides that the amounts are for grants under section 4(d) of this Act (the Child Abuse Prevention and Treatment Act).

Such section 1404A and such section 4(d) were added to their respective Acts by Public Law 99-401 (100 Stat. 903).

The reference in section 1404A to section 4(d) probably should be a reference to section 109. There currently is no section 4 in this Act. Much of the text of former section 4(d) was included in section 10 of this Act when this Act was amended in

its entirety by section 101 of Public Law 100-294 (102 Stat. 102), and section 10 subsequently was redesignated as section 109 by section 3(a)(1) of Public Law 101126 (103 Stat. 764). See also the reference in section 109(f) of this Act.

With respect to use of the Fund for certain grants under this Act versus use of the Fund for grants to assist Native American Indian Tribes: Section 1402(g)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)), which was added by Public Law 100-690 (see 102 Stat. 4422), identifies certain amounts in the Fund that are for grants under section 1404A and then directs the Attorney General to use 15 percent of such amounts for grants to assist Native American Indian Tribes. Thus, such section 1402(g)(1) makes an allocation (15 percent) from amounts that otherwise would be available for certain grants under this Act (as section 1404A provides amounts for such grants, as discussed above).

Two Public Laws in the 103d Congress amended the relevant Fund provisions (sections 1402 and 1404A), affecting both the amount that is available for grants under section 1404A and the 15-percent allocation from such amount. These laws are Public Law 103-121 and Public Law 103-322.

As to the availability of the Fund for grants under section 1404A, Public Law 103-121 (see 107 Stat. 1164) amended section 1402(d) with the result that both paragraphs (2)(D) and (3) of such section made available amounts for grants under section 1404A. (A conforming amendment was made to section_1404A to correct references to section 1402(d); this amendment resulted in a superfluous period.)

As to the 15-percent allocation, such Public Law amended section 1402(g)(1) with the result that the allocation applied to the amounts specified in paragraph (2)(D) of section 1402(d), but not to the amounts specified in paragraph (3) of such

section.

The relevant Fund provisions were then amended by Public Law 103-322. As to the availability of the Fund for grants under section 1404A, such Public Law (see 108 Stat. 2079, 2151) amended section 1402(d) with the result that now paragraphs (2) and (3)(B) of section 1402(d) make amounts available for grants under section 1404A (rather than paragraphs (2)(D) and (3), as under Public Law 103-121).

As to the 15-percent allocation, Public Law 103-322 (108 Stat. 2079) amended section 1402(g)(1) with the result that the allocation now applies to the amounts specified in paragraph (2) of section 1402(d), but not to the amounts specified in paragraph (3)(B) of such section.

Public Law 103-322 did not make any conforming amendments to section 1404A, and therefore (as a result of the amendment made by Public Law 103-121) section 1404A continues to refer to paragraphs (2)(D) and (3) of section 1402(d), rather than having the correct references, which are to paragraphs (2) and (3)(B). In summary, section 1404A probably should be amended by striking “section 1402(d)(2)(D) and (d)(3). for" and inserting "paragraphs (2) and (3)(B) of section 1402(d) for", and also by striking “section 4(d)" and inserting "section 109".

With respect to executing the amendments described in Public Law 103–322, note that two sections of such Law amended section 1402(d). The probable intent of the Congress was that the second occurrence of amendments be executed to section 1402(d) as such section appeared after the amendments made by the first occur

rence.

The first occurrence of amendments was in section 230201 of such Law (108 Stat. 2079), and the result of these was that only paragraph (2) of section 1402(d) made available amounts in the Fund for grants under section 1404A. As to the 15percent allocation, a conforming amendment was made to section 1402(g)(1).

The second occurrence in such Public Law was in section 330025 (108 Stat. 2151), which amended paragraph (3)(B) of section 1402(d) by striking "1404(a)" and inserting "1404A". Therefore, both paragraphs (2) and (3)(B) now make amounts available for grants under section 1404A, but the 15-percent allocation applies only to the amounts provided by paragraph (2), as no conforming amendment was made to section 1402(g)(1).

CHILD ABUSE PREVENTION, ADOPTION, AND FAMILY SERVICES ACT OF 1988 1

SEC. 102.2 CHILD ABUSE AND DISABILITY.

(a) STUDY.-The Director of the National Center on Child Abuse and Neglect shall conduct a study of—

(1) the incidence of child abuse among children with handicaps, including children in out-of-home placements, and the relationship between child abuse and children's handicapping conditions; and

(2) the incidence of children who have developed handicapping conditions as a result of child abuse or neglect.

(b) REPORT.-Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include

(1) the information and data gathered;

(2) an analysis of such information and data; and

(3) recommendations on how to prevent abuse of disabled children.

(42 U.S.C. 5105 note)

SEC. 103. CHILD ABUSE AND ALCOHOLIC FAMILIES.

(a) STUDY.-The Director of the National Center on Child Abuse and Neglect shall conduct a study of the incidence of child abuse in alcoholic families and the relationship between child abuse and familial alcoholism.

(b) REPORT.-Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include

(1) the information and data gathered;

(2) an analysis of such information and data; and

(3) recommendations on how to prevent child abuse in alcoholic families.

(42 U.S.C. 5105 note)

SEC. 104. STUDY OF GUARDIAN-AD-LITEM.

(a) STUDY.-The Director of the National Center on Child Abuse and Neglect shall conduct a study of

(1) how individual legal representation of children in cases of child abuse or neglect has been provided in each State; and

1 Public Law 100-294.

2 Section 101 of the Act amended the Child Abuse Prevention and Treatment Act in its entirety.

(2) the effectiveness of legal representation of children in cases of abuse or neglect through the use of guardian-ad-litem and court appointed special advocates.

(b) REPORT.-Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include—

(1) the information and data gathered;

(2) an analysis of such information and data; and

(3) recommendations on how to improve legal representation of children in cases of abuse or neglect.

(42 U.S.C. 5105 note)

SEC. 105. HIGH RISK STUDY.

(a) STUDY.-The Director of the National Center on Child Abuse and Neglect shall conduct a study—

(1) to identify groups which have been historically underserved or unserved by programs relating to child abuse and neglect; and

(2) to report the incidence of child abuse and neglect among children who are members of such groups.

(b) REPORT.-Not later than 2 years after the date of enactment of this Act, the Director shall report to the appropriate committees of Congress with respect to the study conducted pursuant to subsection (a). The report shall include

(1) the information and data gathered;

(2) an analysis of such information and data; and

(3) recommendations on how to better meet the needs of underserved or unserved groups.

(42 U.S.C. 5105 note)

SEC. 106. PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS. (a) FINDINGS.-The Congress finds that—

(1) even by conservative estimates, during 1985 and 1986, child abuse fatalities in this country increased by 23 percent; (2) the average age of children who die from abuse and neglect is two years old;

(3) child abuse fatalities are not inherently predictable but many are preventable;

(4) many accidental childhood injuries are likewise preventable;

(5) accidental childhood injuries remain the biggest killer and disabler of children between the ages of 1 and 14;

(6) in the face of stagnating infant mortality indicators, the United States is now tied for last place among 20 industrialized nations with respect to infant mortality;

(7) the teen suicide rate is starting to climb again, with deaths totaling over 5,000 in 1986; and

(8) homicide is the second leading cause of death in youths aged fourteen to twenty-four years.

(b) ESTABLISHMENT OF COMMISSION.-There is established a National Commission on Child and Youth Deaths (hereafter in this section referred to as the "Commission"). The Commission shall be composed of fifteen members as follows: