29–010

Calendar No. 438

108TH CONGRESS REPORT " SENATE ! 2d Session 108–228

AMENDING THE INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT TO PROVIDE FOR THE REPORTING AND REDUCTION OF 

CHILD ABUSE AND FAMILY VIOLENCE INCIDENCES ON INDIAN RESERVATIONS, AND FOR OTHER PURPOSES 

MARCH 9, 2004.—Ordered to be printed 

Mr. CAMPBELL, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1601]

The Committee on Indian Affairs, to which was referred the bill 

(S. 1601) to amend the Indian Child Protection and Family Violence Prevention Act to provide for the reporting and reduction of 

child abuse and family violence incidences on Indian reservations, 

and for other purposes and having considered the same, reports favorably thereon with an amendment in the nature of a substitute 

and recommends that the bill (as amended) do pass. 

PURPOSE

The Indian Child Protection and Family Violence Prevention Reauthorization Act of 2003 (S. 1601) provides a series of amendments to the Act to address the continuing problems of child abuse 

and family violence on Indian lands. The primary purposes of S. 

1601 are to: (1) build and improve comprehensive tribal programs 

for child abuse prevention, prosecution and treatment, (2) establish 

more rigorous criteria for background checks, and (3) identify impediments to reducing child abuse. 

S. 1601 is intended to improve program effectiveness by augmenting community outreach efforts, encouraging establishment of 

safety measures for child protection workers, and promoting cultural perspectives through tribal demonstration projects. These 

demonstration projects are intended to demonstrate the effectiveness of traditional healing methods in treating victims of child 

abuse and family violence.

To assist tribal programs, S. 1601 proposes an integrated approach to service delivery by authorizing tribal demonstration 

projects consolidating administrative functions for Federally-funded 

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Indian child protection programs. This approach is intended to substantially reduce the administrative costs resulting from compliance with the numerous individual grant or contract requirements. 

BACKGROUND

The Act was enacted in 1990 in response to findings by the Committee on Indian Affairs and the Special Committee on Investigations regarding increasing numbers of Federal prosecutions of Federal, State and tribal employees for crimes of child abuse on Indian 

reservations and high incidences of Indian family violence. The 

findings and related graphic accounts of that abuse are well-documented in the Committee Reports accompanying the legislation resulting in the Act’s enactment. See for example Senate Reports 

101–203 and 101–403. In response, the Act established a framework and the first mandatory Federal Indian child abuse reporting 

law to address the high incidences of child abuse and family violence on Indian reservations. 

THE 1995 REAUTHORIZATION

The Act was last reauthorized in 1995, Pub. L. 104–16. During 

the hearings on the reauthorization in 1995, both the U.S. Departments of Interior (DoI) and Justice (DoJ) testified that child abuse 

and family violence occur at alarmingly high rates on Indian reservations. Likewise, the U.S. Department of Health and Human 

Services (DHHS) indicated that it engaged in continual efforts to 

address the prevention and treatment of child abuse. 

The DoI reported that the feasibility study for the central registry, as required by the Act, was completed in October, 1994, and 

that a review of the costs, benefits and program duplication was 

underway at the time of reauthorization. 

The DoJ indicated that the Act generated the need for extensive 

coordination and expenditure of resources, and recommended additional treatment for the victims and families and proper training 

for investigators and child protection workers. 

CURRENT STATE OF CHILD PROTECTION

Rates of Abuse and Violence. Available information indicates that 

high rates of child abuse and family violence continue to exist on 

Indian reservations. At the legislative hearing on S. 1601 the Committee received testimony that approximately 4,500 Indian Health 

Service (IHS) clinical contacts related to child abuse and its psychological effects occurred per year over the course of several years—

indicating the rates have not decreased. 

The rates of such violence were also much higher in Native communities than other populations in the United States. Additionally, 

Federal data suggest an increase in overall cases of child abuse and 

neglect for Indian children. Thus, a need still exists to examine the 

impediments to reducing child abuse. 

The Committee also received testimony which indicated that 

comprehensive data on the incidences of child abuse on Indian reservations was difficult to obtain. The existing information may account for only 61 percent of all Indian child abuse cases—suggesting that the rates may be even higher than reported and that 

more data is needed to capture cases that are now unreported. 

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Effects of Child Abuse. The Committee received testimony that 

child abuse generates both short- and long-term effects and results 

in substantial health care costs. Besides physical injuries, child 

abuse is associated with substance abuse, obesity, suicide, delinquency and risk taking behavior, depression and other mental 

pathologies. 

Violence associated with abuse profoundly affects the health and 

well-being of the victims, families, and the community as a whole. 

Child abuse increases the burdens and costs of law enforcement, 

health care, child welfare, and adult and juvenile justice systems. 

These burdens translate into higher caseloads, more stress and 

higher staff turnover, particularly when resources are scarce.

Child Protection Personnel. The Committee also received testimony regarding the enormous caseloads tribal child protection 

teams are called on to manage. In one instance, tribal child protection staff consisted of only 15 persons, including four caseworkers 

who were handling more than 110 cases a year. At the same time, 

the tribe projected the number of children in the custody of its 

child protection services to have increased by 14 percent from the 

prior year. 

Child protection workers face additional hardships in carrying 

out their responsibilities because the nature of child protection 

work is stressful and often dangerous. As part of case management, 

social workers are required to conduct home visits or respond to reports of child abuse at all hours of the day or night—sometimes accompanied by law enforcement personnel and sometimes alone. 

The Committee received testimony regarding an alarming increase in methamphetamine use on tribal lands which is causing 

an increase in child protection cases. The use of this drug and presence of illegal labs for its manufacture create a high level of risk 

to the child protection worker that must visit any home where the 

drugs are manufactured, stored, sold, or used. This additional 

stress and danger results in high turnover of personnel and diminishes the overall effectiveness of tribal programs. Thus, there is a 

compelling need for safety strategies. 

Child Protection Programs. Despite the multitude of programs 

and services, the Committee received testimony that there remains 

a need for an effective, comprehensive approach to reducing child 

abuse. 

Experience demonstrates that effective strategies are most often 

built on prevention, prosecution and treatment. These key components require competent social programs including trained personnel, appropriate case management and case services. These programs must also be equipped to conduct sufficient community outreach, enabling community members to identify and report child 

abuse or family violence. 

Prevention requires that individuals having regular contact with 

children are adequately screened prior to contact. Currently, the 

Act requires certain Federal and tribal employees to undergo character investigations. However, the Committee received testimony 

that not all individuals having contact with children are subject to 

the character investigations. These individuals include program 

volunteers and contractors. 

An effective prosecutorial regime includes reporting and investigation functions which, in turn, require extensive involvement 

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from law enforcement, health, social workers, courts, and education 

personnel to coordinate responses and engage in comprehensive 

case management. 

Adequate tribal infrastructure is critical to managing this system. Training is essential to gaining expertise, particularly in managing child sexual abuse cases which require specialized training 

to preserve forensic evidence and to avoid further trauma to the 

victim. 

The ability to build and access data bases is sorely needed to promote cooperative prosecutions, identify trends, needs or areas for 

improvement, and to secure additional funding. The Committee received testimony that the central registry recommended by the 

study completed in 1994 would provide little benefit because only 

criminal convictions, not unsubstantiated reports, could be included 

in the registry. Such information was already available through the 

criminal background checks. 

The Committee also received testimony that there are other 

sources for data reporting such as the National Child Abuse and 

Neglect Data System (NCANDS), but the information was not analyzed to make specific determinations relative to child abuse on Indian reservations. In addition, this system collected data primarily 

from states and not from Indian tribes or the Bureau of Indian Affairs (BIA). 

Indian tribal justice systems must also be well equipped. The 

Committee received testimony that one Indian tribe had only two 

criminal investigators to handle all criminal cases, including child 

abuse, serving a population of more than 8,000 members. 

Intergovernmental cooperation is also sorely needed to facilitate 

the delicate investigation and jurisdictional issues that arise in 

child abuse cases. According to a 2001 report by the Office for Victims of Crime within the DoJ, the jurisdictional maze for investigating and prosecuting child abuse in Indian communities can 

produce confusion among all entities and diminish the effectiveness 

of child protection programs. 

Nonetheless, Indian tribes have been resourceful in creating responsive programs which also include appropriate treatment. The 

Act recognized the need for mental health treatment as part of a 

comprehensive program. Since then, a gradual evolution has occurred which has begun recognizing the viability and importance of 

incorporating Native cultural perspectives into treatment methods. 

The Committee received testimony that prevention and treatment methodologies incorporating cultural awareness and family 

strengths produce better results than those without these components. In 1999, the IHS began implementing culturally-appropriate 

mental health services for Indian children through a partnership 

with the Substance Abuse and Mental Health Services Administration (SAMHSA) within the DHHS. According to IHS testimony, 

evaluations of these programs indicate a high rate of success in addressing many mental health problems arising from child abuse. 

Adequate funding for Indian child protection programs was the 

primary concern aired during the hearing on S. 1601. The National 

Indian Child Welfare Association testified that the greatest impediment to reducing child abuse was the lack of funding. 

The Act requires character investigations, a component of which 

may be fingerprint checks. The Committee received testimony that 

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the fingerprint checks may cost an average of $22, but alone would 

not suffice to comply with the Act’s requirements. The total cost of 

a comprehensive character investigation was estimated to be 

$1,500 or more. 

Written testimony submitted by the DoJ indicated that several 

Federal grants are available to tribes for child protection services. 

The IHS testified that it has developed several initiatives to provide funding either directly or indirectly to Indian tribes to address 

these cases, including specialized training in forensic and telemedicine equipment for child sexual abuse cases. 

Despite these resources, the testimony indicated that both the 

tribal and Federal programs designed to assist Indian tribes were 

underfunded. The Committee also received testimony that, beyond 

improving services for child abuse victims, resources were needed 

to address the underlying economic and social problems that generate violence in Indian communities. 

SUMMARY OF MAJOR PROVISIONS

Section 3. Definition of child abuse 

The definition of child abuse was expanded to include children 

exposed to family violence. Children exposed to family violence may 

not be on the receiving end of such violence, but may witness or 

otherwise experience the violence committed against a family member. These children may also be in a position to observe the physical injuries of the family member or experience the stress between 

the family members caused by such violence. 

Children exposed to family violence often suffer the same mental 

injuries as physically abused children. Many of the problems facing 

abused Indian children increase the likelihood that, as adults, they 

will suffer from various mental pathologies, illnesses and diseases. 

For instance, Native adults—victimized as children—are more than 

twice as likely to abuse substances than their non-Native counterparts. 

In addition, childhood abuse increases the likelihood that the victim will one day become a perpetrator of abuse. To break this cycle, 

these children should be able to access the services, particularly 

mental health, available to children who are direct victims of violence. 

Section 4. Cooperative reporting 

Complex jurisdictional issues may arise in child abuse cases and 

significant intergovernmental cooperation is necessary to address 

incidences of child abuse. In instances where the alleged abuser is 

non-Indian, the tribal justice system may be limited in addressing 

the matter and must rely on state agencies. S. 1601 recognizes the 

need to include state law enforcement agencies in the reporting 

process in such instances. 

The Committee encourages the agencies of jurisdiction to review 

their processes and levels of cooperation for areas which may be 

appropriate for intergovernmental agreements or protocols. S. 1601 

authorizes funding for tribal personnel to obtain the necessary 

training, certifications or licenses to reduce concerns regarding tribal qualifications in entering or executing cooperative agreements or 

protocols. The Committee believes that tribal child protection perVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR228.XXX SR228
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sonnel are dedicated to reducing child abuse and encourages the involved agencies to work together for the best interests of the children. 

Section 5. Impediments study 

S. 1601 requires a Federal study of the impediments to reducing 

child abuse in Native communities. The Committee is concerned 

that the rates of child abuse have not been significantly reduced 

and, in fact, have increased. 

Under S. 1601 the length of time to conduct the impediments 

study has been extended to 18 months and the Secretary of the Interior is required to submit recommendations as she deems appropriate on ways to eliminate those impediments. With this extended 

period the Committee anticipates a thorough study of all matters 

relative to such impediments. 

The agency cooperation and jurisdictional matters are merely 

starting points for review and the DoI should consider other factors, particularly those raised at the hearing, in this study. The 

Committee is concerned that the DoI has established social programs which require tribes to enter agreements with other agencies over which neither the Indian tribes nor DoI have control. The 

Committee is mindful that the social services funding is limited. 

However, the Committee expects the DoI to review those program 

requirements and, with the affected agencies, develop cooperative 

solutions to assist tribal programs—prior to imposing any further 

requirements on the tribes. 

The Committee believes that the impediments study is critical to 

finding solutions for reducing child abuse. The Committee is aware 

that the DoI has been conducting a study regarding an overview 

of child abuse on Indian reservations and believes that this overview should expedite the completion of the impediments study. 

Section 6. Character investigations 

S. 1601 expands the scope of character investigations to contractors and volunteers, in addition to employees, who have regular 

contact with Indian children—making the scope consistent with 

other Federal law. 

The Committee received testimony that the IHS acknowledges 

the need for an expanded scope of character investigations by including volunteers and contractors in the IHS interim final rule 

governing the requirements for background investigations. The DoI 

indicated that positions with a ‘‘preponderance of contact’’ with 

children require a background check. 

The Committee is concerned about how ‘‘regular contact’’ is being 

interpreted by both departments and has not received a clear indication whether seasonal or temporary employees, contractors or 

volunteers would fall within the scope and whether the contact 

must be direct or merely involve a physical presence in the same 

general area as the children. 

For example, contractors performing repairs or construction on 

Indian schools may not have face-to-face contact with children, but 

may be in the same buildings, rooms, bathrooms or other areas for 

a significant period of time. The Committee believes the Departments should scrutinize their policies to address these situations. 

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The Committee is also concerned that implementation of the Act 

may be viewed as only covering BIA and IHS employees despite the 

plain language of the Act covering ‘‘all’’ employees within the departments. The Committee believes both departments should review all positions, even those outside the BIA and IHS in determining the proper scope of character investigations. 

In conducting background checks, tribal criminal repositories 

should also be reviewed and the Federal Bureau of Investigation is 

authorized to assist in conducting the background checks. In conducting these checks, the FBI may coordinate with the BIA to expedite the processing as needed. Background checks, licenses or approvals conducted under S. 1601 for certain employee, volunteer or 

contracted positions would satisfy other statutory background 

check requirements for those positions such as for foster or adoptive homes, thereby eliminating duplication of work generated by 

other laws. 

Section 7. Traditional healing 

S. 1601 authorizes tribal projects that demonstrate the efficacy 

of traditional healing methods for child abuse and family violence. 

The Committee received testimony that child abuse treatment 

methodologies vary widely and treatment methodologies incorporating cultural awareness and build on family strengths produce 

better results than those without these components. 

S. 1601 provides special consideration for tribal projects relating 

to behavioral and emotional effects, eliminating abuse by parents 

and reunification of the family. These projects may benefit others 

through the development of educational materials. 

However, the Committee is mindful that Indian tribes hold their 

traditions sacred and that some traditions may not be revealed to 

others. In addition, the Committee does not want to expose tribal 

traditions to exploitation. Consequently, the development of these 

projects should protect the integrity of tribal traditions and the 

Secretary should review the projects with these considerations in 

mind. 

Section 8. Interagency cooperation 

Current law incorporates the DoI and DHHS, but not DoJ, as 

part of the Indian child protection system. S. 1601 recognizes the 

importance of DoJ involvement in implementing the Act, including 

the Indian Child Resource and Family Services Centers. 

The IHS is committed to seeking expansion of services by consulting with tribes and collaborating with other Federal agencies 

because reducing child abuse and violence in Indian communities 

requires comprehensive efforts. The Committee commends the IHS 

for its commitment. 

Section 9. Program enhancements 

S. 1601 seeks to improve many program functions such as developing safety strategies for child protection workers, building data 

bases, and providing training programs. Adequate databases are 

important investigative tools and S. 1601 authorizes programs to 

establish data tracking systems, including the necessary hardware 

and software infrastructure. 

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The Committee believes that training and interagency cooperation is critical to developing such data bases, and the tribes should 

be able to access national or state databases for tracking child 

abuse offenses. The Committee encourages those agencies managing the data bases to interface with tribes. The DoJ has recommended that the FBI be consulted on database management efforts. The Committee encourages such cooperation and commends 

the DoJ for making its expertise available to tribes. 

Effective safety strategies may require cooperation, protocols and 

agreements from all child protection agencies, thus it is an important component to any multi-disciplinary program. These safety 

strategies are an inherent part of an overall program, including the 

employment of personnel. Tribal personnel must often handle a variety of duties including child protection and family violence. The 

incidences of child abuse and family violence overlap so frequently 

that safety strategies for the child protection personnel will necessarily include family violence personnel. 

Child abuse affects the entire community and it is essential that 

the community be part of prevention efforts, including awareness 

of child abuse symptoms and reporting procedures. Therefore, the 

Committee encourages the tribes to focus on outreach efforts as 

part of their programs. 

Section 10. Consolidation 

At the Committee hearing, several witnesses testified that child 

abuse and family violence programs are uncoordinated and severely underfunded. Following the hearing, the Committee determined that a more efficient method for administering the numerous child protection programs would be to integrate the services 

and consolidate administrative functions. 

Under S. 1601, tribes, tribal organizations and intertribal consortia may participate in demonstration projects in which the services are integrated and administrative functions consolidated for 

child abuse related programs pursuant to a plan submitted to and 

approved by the coordinating agency in consultation with other affected agencies. 

The tribal demonstration projects authorized by S. 1601 are intended to increase the aggregate funding resources for tribal child 

protection services. In these demonstration projects, program administrative functions may be streamlined and coordinated through 

integration and consolidation of funding mechanisms, thereby reducing administrative costs and increasing resources available for 

service delivery. 

The demonstration projects authorized by S. 1601 are modeled 

after Pub. L. 102–477, the Indian Employment, Training and Related Services Demonstration Act of 1992, as amended, which is 

implemented by the Bureau of Indian Affairs in cooperation with 

the Departments of Labor, Health and Human Services, and Education. See S. Rpt. No. 102–188. It is also modeled after S. 285, the 

Native American Alcohol and Substance Abuse Program Consolidation Act of 2003, favorably passed by this Committee on June 18, 

2003, and the full Senate on July 23, 2003. See S. Rpt. No. 108–

75. 

The Committee intends for the affected agencies and tribes to 

identify programs for inclusion and an effective reporting system 

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soon after enactment. The tribes should only be required to submit 

a single plan, budget and report in implementing these projects. 

The integration should also result in greater flexibility from the affected agencies in reviewing and approving plans, including granting waivers. 

The goal of integration is to reduce costs and increase services 

so that scarce resources can be re-directed to service delivery. The 

Committee received testimony regarding concerns about child protection funding being included within the tribal priority allocation 

(TPA) system in the consolidation project. The Committee realizes 

that in the consolidation project, not every source of funding will 

be subject to the TPA system, but some may be considered ‘‘passthrough’’ funds. Nonetheless, the Committee believes that tribal 

governments are in the best position to determine their own needs 

and will prioritize accordingly. 

The Committee notes that since its enactment, the Act has not 

been fully funded. Both the Act and S. 1601 are ambitious in approach and the Committee understands that not every social ill can 

be addressed with the limited funds available. Accordingly, the 

Committee encourages the Congress and the Administration to 

make every effort to provide funding to reduce child abuse and 

family violence on Indian reservations. 

Section 11. Awareness grants 

S. 1601 includes a technical amendment correcting an oversight 

regarding grant award authorization for non-profit tribal coalitions 

providing violence awareness and response services. This provision 

will authorize the coalitions to access all unexpended funds available to assist them in providing awareness and response services 

to Indian women. 

LEGISLATIVE HISTORY

S. 1601 was introduced on September 9, 2003, by Senator Campbell for himself and for Senator Inouye and was referred to the 

Senate Select Committee on Indian Affairs. Senators Johnson and 

Domenici were added as co-sponsors on September 11, 2003. On 

October 29, 2003, Senator Hatch was added as a cosponsor. 

A hearing on S. 1601 was held on September 24, 2003, testimony 

was provided by the DoI, the DHHS, the Hopi Tribe, the Warm 

Springs Confederated Tribes and the National Indian Child Welfare Association. The DoJ submitted a written statement. All witnesses expressed support for the bill and most of the recommendations are addressed in the substitute amendment. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

In an open business session on October 29, 2003, the Committee 

considered a substitute amendment proposed by Senator Campbell. 

By a unanimous vote, the Committee ordered the substitute 

amendment favorably reported to the full Senate with the recommendation that the bill do pass. 

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SECTION-BY-SECTION ANALYSIS

Section 1. Short Title. The Act may be cited as the ‘‘Indian Child 

Protection and Family Violence Prevention Reauthorization Act of 

2003’’. 

Section 2. Findings and Purpose. In section 2, Congress finds 

that Indian children are precious resources in need of special protection; that child abuse continues to rise in Indian country; and 

that improvements are needed. The purposes of the bill are to identify impediments to effective programs; to assist tribal child abuse 

programs; and to mandate reporting of child abuse. 

Section 3. Definitions. Section 3 expands the definition of ‘‘child 

abuse’’ to include cases where children are exposed to family violence on Indian reservations. 

Section 4. Reporting Procedures. Section 4 includes state law enforcement agencies in the reporting process. 

Section 5. Central Registry. Section 5 eliminates the requirement 

of feasibility studies for a central registry. It is replaced with a required federal study regarding barriers to the investigation and 

prosecution of child abuse cases including jurisdictional impediments. The results of the study are to be reported to Congress 

within eighteen (18) months of enactment to include recommendations deemed appropriate by the Secretary of the Interior. 

Section 6. Character Investigations. Section 6 expands the positions subject to character investigations to include volunteer and 

contracted positions. Investigations may include a review of applicable State and tribal criminal history repositories. Section 6 allows background checks conducted by tribes under S. 1601 to suffice for any other statutory background check requirement in connection with the placement of an Indian child in a foster or adoptive home or an institution. This section allows tribally certified licenses or approval of guardianships, foster or adoptive homes or institutions to be considered equivalent to State requirements for 

placement and funding so long as the provisions of the Act are met 

for background checks. 

Section 7. Indian Child Abuse Treatment Grant Program. Section 

7 authorizes demonstration projects for a culturally-sensitive tribal 

treatment program and reauthorizes appropriations for these 

projects and other grant programs. 

Section 8. Indian Child Resource and Family Services Centers. 

Section 8 provides technical amendments to reflect the BIA organizational structure and authorizes appropriations for the family 

service centers. 

Section 9. Indian Child Protection and Family Violence Prevention Program. Section 9 requires added measures to ensure the 

safety of child protection workers while performing their responsibilities. Section 9 also authorizes funds to be used for enhancing 

tribal infrastructure. 

Section 10. Integration of Services. This section authorizes demonstration projects that consolidates child abuse related service 

programs into a single, coordinated, comprehensive program to better manage services, costs, and reporting requirements. 

Section 11. Tribal Partnerships for Awareness and Responses. 

This section amends Sections 2001 and 2007 of the Omnibus Crime 

Control and Safe Streets Act of 1968, Pub. L. 90–351, by authorVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR228.XXX SR228
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izing the Attorney General to provide grant awards to tribal coalitions for the purpose of providing awareness of and response to domestic violence and sexual assault against Indian women.

COST AND BUDGETARY CONSIDERATIONS

The cost estimate for S. 1601, as evaluated by the Congressional 

Budget Office, is set forth below: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, January 21, 2004. 

Hon. BEN NIGHTHORSE CAMPBELL, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1601, the Indian Child Protection and Family Violence Prevention Reauthorization Act of 

2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Lanette J. Walker. 

Sincerely, 

ELIZABETH ROBINSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

S. 1601—Indian Child Protection and Family Violence Prevention 

Reauthorization Act of 2003 

Summary: S. 1601 would authorize appropriations to operate Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) programs aimed at preventing abuse of Indian children. CBO estimates that implementing S. 1601 would cost about $210 million 

over the 2004–2008 period, assuming appropriation of the necessary amounts. 

S. 1601 contains an intergovernmental mandate as defined in the 

Unfunded Mandates Reform Act (UMRA), because it would impose 

additional reporting requirements on local and tribal law enforcement agencies. CBO estimates that the cost of that mandate would 

be well below the threshold established by UMRA ($60 million in 

2004, adjusted annually for inflation). Other provisions in S. 1601 

would benefit Indian tribes by authorizing federal grant funds. The 

bill contains no new private-sector mandates as defined in UMRA. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1601 is shown in the following table. The cost 

of this legislation falls within budget functions 450 (community and 

regional development) and 550 (health).

By fiscal year, in millions of dollars— 

2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Indian Child Abuse Treatment Grants: 

Estimated Authorization Level ............................................................. 0 12 12 13 13 

Estimated Outlays ................................................................................ 0 6 9 13 13 

Indian Child Resources and Family Services Centers: 

Estimated Authorization Level ............................................................. 0 4 4 4 4 

Estimated Outlays ................................................................................ 0 4 4 4 4 

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By fiscal year, in millions of dollars—

2004 2005 2006 2007 2008

Indian Child Protection and Family Violence Prevention Program: 

Estimated Authorization Level ............................................................. 0 40 41 42 43 

Estimated Outlays ................................................................................ 0 30 41 42 42 

Total Changes: 

Estimated Authorization Level ............................................................. 0 56 57 59 60 

Estimated Outlays ................................................................................ 0 40 54 59 59 

Basis of Estimate: For this estimate, CBO assumes that S. 1601 

will be enacted in calendar year 2004 and that the necessary 

amounts will be appropriated for each fiscal year. Based on information from BIA and the IHS, CBO estimates that implementing 

S. 1601 would cost about $210 million over the 2005–2008 period 

to operate programs that would be authorized under the bill. 

Indian Child Abuse Treatment Grants 

Section 7 of the bill would authorize the appropriation of such 

sums as necessary for fiscal years 2005 through 2010 to provide 

grants to Indian tribes to treat child abuse. The grants would be 

administered by the IHS. CBO estimates that the grants would 

cost $6 million in 2005 and $41 million over the 2005–2008 period, 

assuming appropriation of the necessary funds.

Indian Child Resource and Family Services Centers 

Section 8 would authorize the appropriation of such sums as are 

necessary for Indian Child Resource and Family Services Centers. 

Such centers would provide technical assistance, develop training 

materials, and provide consultation to Indian tribes regarding family violence, child abuse, and child neglect. Based on information 

from BIA, CBO estimates that implementing this section would 

cost about $4 million a year to staff such centers, assuming appropriation of the necessary amounts. 

Indian Child Protection and Family Violence Prevention Program 

Section 9 would authorize the appropriation of such sums as are 

necessary for the BIA to provide assistance to tribes to establish 

child protection services. Based on information from BIA, CBO estimates that implementing this section would cost about $155 million over the 2005–2008 period to staff child protection centers for 

federally recognized tribes, assuming appropriation of the necessary amounts. Funds would be distributed to all tribes based on 

a formula established by BIA. 

Estimated Impact on state, local, and tribal governments: S. 

1601 contains an intergovernmental mandate as defined in UMRA, 

but CBO estimates that the cost of that mandate would not exceed 

the threshold established in that act ($60 million in 2004, adjusted 

annually for inflation). 

The bill would expand an existing mandate that now requires reporting of child abuse cases on tribal lands. It would add a specific 

new requirement that local law enforcement agencies report such 

cases to the state when the alleged abuser is a non-Indian and that 

person appears to have committed a crime. This would apply primarily to tribal agencies, who already report most such cases to 

state and/or federal agencies. We expect that this additional reVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR228.XXX SR228
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quirement would not impose a significant new burden on the 

tribes. 

S. 1601 would benefit tribes by authorizing federal funds for programs, including grants, on Indian lands. It would create a new 

demonstration project under which tribes could consolidate federal 

funds from different sources to develop integrated child abuse programs. The bill also includes some additional grant conditions, 

however. It would require tribes receiving certain federal funds to 

conduct background investigations of contractors and volunteers 

who have regular contact with Indian children. Federal law now requires such investigations only for tribal employees. 

Estimated impact on the private sector: This bill contains no new 

private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal Costs: Lanette J. Walker and Eric 

Rollins; Impact on State, Local, and Tribal Governments: Marjorie 

Miller; and Impact on the Private Sector: Cecil McPherson. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires each report accompanying a bill to evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee believes that S. 1601 will have minimal regulatory or paperwork impact. 

EXECUTIVE COMMUNICATIONS

The Committee received oral testimony from the U.S. Departments of Interior and Health and Human Services at the hearing 

on S. 1601 held on September 24, 2003. The Committee also received the following written testimony from the U.S. Departments 

of Health and Human Services and Justice.

STATEMENT OF U.S. DEPARTMENT OF JUSTICE

Mr. Chairman, Mr. Vice-Chairman and Members of the 

Committee, this is the Department of Justice’s statement 

for the record supporting S. 1601, a bill to amend the Indian Child Protection and Family Violence Prevention Act 

to provide for the reporting and reduction of child abuse 

and family violence incidences on Indian reservations. The 

Department of Justice remains committed to addressing 

child abuse, neglect, and domestic violence in Indian country. 

The Department applauds the changes proposed in S. 

1601. They will encourage more effective recognition of the 

enormous problems of child abuse and family violence in 

Indian country as well as more effective prevention and 

intervention approaches. Reflecting the Department’s recognition of the gravity of these problems, the United 

States Attorneys in Indian country expend significant resources prosecuting violent crimes generally, including 

child abuse and domestic violence cases. One of the top 

priorities of the Attorney General’s Advisory Committee, 

Native American Issues Subcommittee is Indian country 

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law enforcement, particularly violent crime issues such as 

domestic violence, child abuse, and sexual offenses. One 

important tool of the U.S. Attorneys’ Offices in this area 

is the multi-disciplinary teams (MDT) or child protection 

teams (CPT). These teams usually consist of an Assistant 

U.S. Attorney and representatives from the FBI, BIA law 

enforcement, Indian Health Services, tribal health services, BIA Social Services and Education Office, tribal law 

enforcement officials, and sometimes school officials. The 

broad representation found in these MDTs and CPTs is 

critical to the discovery, documentation, and reporting of 

child abuse cases as required by 25 U.S.C. 3203. Further 

efforts to improve upon this type of inter-agency cooperation and information sharing can only improve prevention 

as well as facilitate effective investigations and prosecutions. Background investigations that include fingerprint 

checks will be an important, additional tool for prevention. 

The Department also suggests a review of tribal as well as 

state criminal history data sources. 

We note that this legislative proposal calls for a study, 

in consultation with the Secretary of Health and Human 

Services and the Attorney General, ‘‘to identify impediments to the reduction of child abuse on Indian reservations.’’ A prior section of the proposal calls for improved 

tribal infrastructures ‘‘to maintain and coordinate databases.’’ Given the importance of accurate information for 

any study of this type, and the vital role played by the FBI 

in Indian country law enforcement, we suggest consultation with the FBI in any law enforcement database management efforts. In addition, to avoid any conflict with the 

Recommendations Clause of the Constitution, we recommend that proposed section 405(c)(2)(B) of the bill be 

amended to direct the Secretary to include in her report 

only those recommendations that she deems appropriate. 

In a similar vein, the reporting requirements in § 3203 are 

quite robust on paper. Unfortunately, the reality of Indian 

country is that the detailed and important information of 

this type is not always available. Perhaps additional, parallel steps should be considered to improve the quality of 

reporting. Certainly, the development of strategies to 

shield child protection workers from retribution is an essential step in that direction. 

The Department also supports the goals of S. 1601 

through grants and other programs. The Office of Justice 

Programs’ Office for Victims of Crime administers up to 25 

grants annually under the Children’s Justice Act (CJA) to 

improve the investigation, prosecution, and handling of 

child abuse cases in Indian country. Tribal communities 

nationwide have used these grants for activities such as 

training law enforcement and court staff on how to work 

with child abuse victims, and establishing protocols for 

handling these cases. CJA funds can also be used for court 

advocacy of child abuse victims and revising tribal codes to 

better address this crime. Also important is the work of 

the Department’s Office on Violence Against Women 

15

(OVW). The OVW spearheads several initiatives to support 

American Indian and Alaskan Native efforts to address 

family violence. OVW’s STOP Violence Against Indian 

Women Discretionary Grant Program supports tribes’ efforts to investigate and prosecute violent crimes against 

women and to strengthen services for victims of these 

crimes. Under this program, OVW currently supports over 

125 Indian tribal governments, including consortia, which 

represent a total of 200 tribes nationwide. In addition, 

OVW’s Tribal Domestic Violence and Sexual Assault Coalitions Grant Program helps non-profit tribal coalitions improve systemic and community responses to victims in Indian country. This program helps tribal communities identify gaps in services so that domestic violence and sexual 

assault victims do not fall through the cracks. OVW also 

provides training and technical assistance to tribes on a 

wide range of issues, including training judges, prosecutors, attorneys, and legal advocates about how to improve 

the tribal justice system’s response to domestic violence. 

We understand that today’s tribal communities face serious challenges in the area of child abuse and family violence. All of us must work together to ensure that predators can no longer abuse Indian children. The Department 

of Justice will continue to prosecute these cases and to 

work closely with the Committee and tribal governments 

to address the high rates of violence in Indian country. 

The Department applauds the Committee’s attention to 

this extremely important subject. 

Thank you for the opportunity to express our views on 

S. 1601. 

STATEMENT OF CHARLES W. GRIM, D.D.S, M.H.S.A, DIRECTOR INDIAN HEALTH SERVICE, THE DEPARTMENT OF

HEALTH AND HUMAN SERVICES

Mr. Chairman and Members of the Committee: Good 

morning, I am Dr. Charles Grim, Director of the Indian 

Health Service (IHS). Today, I am accompanied by Dr. Jon 

Perez, Director, Division of Behavioral Health, IHS. We 

are pleased to have this opportunity to testify on behalf of 

Secretary Thompson on S. 1601, the Indian Child Protection and Family Violence Prevention Act of 2003. 

The IHS has the responsibility for the delivery of health 

services to more than 1.6 million Federally-recognized 

American Indians and Alaska Natives (AI/ANs) through a 

system of IHS, tribal, and urban (I/T/U) operated facilities 

and programs based on treaties, judicial determinations, 

and Acts of Congress. The mission of the agency is to raise 

the physical, mental, social, and spiritual health of AI/ANs 

to the highest level, in partnership with the population we 

serve. The agency goal is to assure that comprehensive, 

culturally acceptable personal and public health services 

are available and accessible to the service population. Our 

foundation is to promote healthy AI/AN people, commuVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6969 E:\HR\OC\SR228.XXX SR228
16

nities, and cultures and to honor and protect the inherent 

sovereign rights of Tribes. 

Secretary Thompson, too, has been extremely proactive 

in raising the awareness of tribal issues within the Department by contributing to our capacity to speak with one 

voice, as One Department, on behalf of tribes. As such, he 

has recognized the authority provided in the Native American Programs Act of 1974 and reestablished the 

Intradepartmental Council for Native American Affairs 

which considers cross cutting issues and seeks opportunities for collaboration and coordination among Department 

programs serving Native Americans. The Council serves as 

an advisory body to the Secretary and has responsibility to 

assure that Native American policy is implemented across 

all Divisions in the Department including human services 

programs. As Vice-Chair of the Secretary’s Council, the 

IHS Director facilities advocacy, promotes consultation, reports directly to the Secretary, collaborates directly with 

the Assistant Secretary for Health, advises the heads of all 

the Department’s divisions and coordinates activities of the 

Department on Native American health and human services issues. 

Our Indian families are strong, but besieged by the 

numbing effects of poverty, lack of resources, and limited 

opportunity. The Indian Child Abuse and Family Violence 

Prevention Act (P.L. 101–630) was passed in 1990 and the 

IHS has since endeavored to meet the spirit and intent of 

the Act. In 1996 the IHS instituted the Domestic Violence 

and Child Abuse Prevention Initiative to address more directly the concerns regarding violence against women and 

child abuse and neglect in AI/AN communities. The initiative’s purpose is to improve the IHS, tribal, and urban Indian health care response to domestic violence by providing education, training, and support to health care providers. The overarching goal is to improve health care providers’ capability to provide early identification and culturally appropriate responses to victims of familial violence, particularly women and children, in AI/AN communities. 

In support of the initiative, the IHS works independently as well as collaboratively with other federal agencies 

concerned with domestic violence issues to: 

1. Provide programs and products; 

2. Provide training and training materials; 

3. Identify other resources and potential funding 

streams for AI/AN programs; 

4. Advocate for funding and services for IHS and AI/

AN tribal community clinics and organizations that 

provide services to domestic violence victims and their 

children; 

5. Facilitate the development of protocols on domestic violence that are being implemented in IHS clinics 

and hospitals to ensure that victims of domestic violence receive appropriate treatment and referrals; and 

17

6. Insure the quality and character of the IHS staff 

providing services to our AI/AN families and children. 

Some of the actions taken to achieve these goals include: 

• The Indian Child Protection and Child Abuse Prevention Demonstration Projects for Mental Health/Social Services for AI/ANs. Directly funded by IHS, this program ini- tiative provided $4,275,019 in financial assistance to federally-recognized Indian tribes or tribal organizations or to 

non-profit organizations serving primarily AI/ANs to establish programs for child protective services, child abuse prevention (including family violence prevention), and educational programs aimed at child abuse prevention, which 

were community based and culturally relevant to AI/ANs. 

The grants spanned the period from August 1997 through 

July 2002. 

Included over this period were: 

1. Pueblo of Isleta—provided interventions, activities and 

community awareness campaigns across the Pueblo. In 

cases of child abuse and neglect the program supported 

temporary placement of children out of the home with extended family placements. As a community based program, 

it collaborated with other treatment providers in the community (Tribal Courts, Isleta Substance Abuse Program, 

Mental Health, Diabetes Program, Isleta Elementary 

School and the Isleta Police Department) to provide a more 

comprehensive child abuse support and intervention safety 

net than had been possible before.

2. Little Traverse Bay Bands of Odawa—the Grandmother’s Wisdom program offered the Odawa membership 

a counseling/therapy component that provided intensive 

therapeutic services: (1) A treatment protocol that focused 

on traditional Anishnabe childrearing practices; worked 

with the Human Services Department in the child protection program which is the first point of contact for 

Anishnabe families of child abuse or family violence, and 

(2) Provide educational outreach training to the public on 

topics of child abuse, domestic violence issues, anger management, positive parenting, self-esteem. 

3. Southern California Indian Center, Inc.—provided 

both treatment services and prevention education through 

outreach, crisis intervention and referrals, professional 

counseling, assistance with emergency services, and educational workshops to the urban Indian population of 

Southern California, primarily the Los Angeles area. 

4. Indian Health Care Resource Center of Tulsa, Inc.—

provided individual and family counseling for victims of 

child abuse/neglect as well as those who have been convicted of child abuse or neglect. Psychiatric services were 

provided to children who had significant emotional or behavioral problems which would benefit from such treatment. 

5. Confederated Tribes of Siletz Indians—conducted child 

developmental assessments, mental health evaluations, 

and provided therapy planning to address the children’s 

needs. Therapy often included family therapy for assisting 

18

adult care providers to meet their child’s needs and promote health, safety and to strengthen parenting skills. 

This program also worked with 11 counties to allow for Police backup in the event such support was needed for conducting a child intervention/investigation and for emergency services. • The University of Oklahoma’s Project Making Medicine

is funded through an Interagency Agreement with the Administration for Children and Families, Office of Child 

Abuse and Neglect, DHHS. Project Making Medicine is a 

2 week culturally sensitive training program on the treatment of child physical and sexual abuse with consultation 

and follow-up. Once the participant completes the 2 week 

training, the Project Making Medicine staff schedule an 

on-site visit at the participant’s local community and assists the participant in conducting a community wide 

training in the prevention and awareness of child abuse 

and neglect. Project Making Medicine has trained over 150 

professionals working with Native children on reservations 

around the country. • With funds provided by IHS, The University of Oklahoma Health Sciences Center is finalizing the development 

of a child protection manual available to the IHS, Bureau 

of Indian Affairs, Tribal and Urban Indian health staff involved with providing child abuse and neglect and domestic violence services in AI/AN communities. The Handbook 

will be in a format so it can serve dual purposes as a training manual (goals, objectives, agenda, small group activities, etc.) and/or as a technical manual (statistics, definitions, indicators, legal and ethical responsibilities, group 

dynamics, confidentiality, referrals, treatment issues, 

standard forms/templates, resources, etc.). • The IHS entered into an Inter-Agency Agreement with 

the Department of Justice, Office of Victims of Crime, to 

provide $414,000 in funding over a period of four years, 

from 1999 through 2003, to provide training for IHS physicians and nurse practitioners in the application of forensic 

and telemedicine equipment in child sexual abuse cases. 

The funding provided 5 day intensive trainings in forensic 

evaluation techniques and telemedicine, and included the 

purchase of telemedicine equipment, coloscopes, and accessories at many Indian health facilities. 

• The IHS has developed the Mental Health and Community Safety Initiative (MHCSI) for AI/AN Children, 

Youth, and Families. This grant program for Fiscal Years 

2003 through 2011 (assuming continued appropriations), 

funds $500,000 annually for cooperative agreements to develop innovative strategies that focus on the mental 

health, behavioral, substance abuse, and community safety 

needs of AI/AN young people and their families who are 

involved in or at risk for involvement with the juvenile justice system. This effort was first initiated through the 

White House Domestic Policy Council to provide federally 

recognized Tribes and eligible Tribal organizations with 

assistance to plan, design, and assess the feasibility of imVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00018 Fmt 6659 Sfmt 6969 E:\HR\OC\SR228.XXX SR228
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plementing a culturally appropriate system of care for AI/

ANs. The MHCSI Planning Phase cooperative agreement 

program (years 1–3) will fund development of actual services. The Implementation Phase (years 4–8) will follow 

with the provision of program services planned in the first 

phase. An important focus will be to integrate traditional 

healing methods indigenous to the communities with conventional treatment methodologies. One of the primary foci 

of the program is child abuse and neglect: to identify and 

develop systems of care for victims of child abuse and neglect who are involved and/or at risk of being involved 

with the juvenile justice system. These cooperative agreements are established under the authority of 25 U.S.C. 

1621h(m). There will be only one funding cycle during fiscal year (FY) 2003. • Section 408 of P.L. 101–630 requires the IHS (and 

BIA) to compile a list of all authorized positions within the 

IHS where the duties and responsibilities of which involve 

regular contact with, or control over, Indian children; to 

conduct an investigation of the character of each individual 

who is employed, or is being considered for employment in 

a position having regular contact with, or control over, Indian children and; to prescribe by regulations the minimum standards of character that individual must meet to 

be appointed to positions having regular contact with, or 

control over, Indian children. The law also requires that 

the IHS regulations prescribing the minimum standards of 

character ensure that none of the individuals appointed to 

positions which involve regular contact with, or control 

over, Indian children have been found guilty of, or entered 

a plea of nolo contendere or guilty to, any felonious offense, or any two or more misdemeanor offenses under 

Federal, State, or Tribal law involving crimes of violence; 

sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed 

against children. 

• Section 408(c) requires that Tribes or Tribal organizations who receive funds under the Indian Self-Determination and Education Assistance Act, P.L. 93–638, employ individuals in positions involving regular contact with or 

control over Indian children only if the individuals meet 

standards of character no less stringent than those prescribed under the IHS regulations. 

• The IHS published an Interim Final Rule establishing 

minimum standards of character and the regulations became effective November 22, 2002. The final regulations 

incorporate technical amendments enacted by Congress on 

December 27, 2000, pursuant to section 814, the Native 

American Laws Technical Corrections Act of 2000. The 

final regulations established that the minimum standards 

of character have been met only after individuals, in positions involving regular contact with or control over Indian 

children, have been the subject of a satisfactory background investigation and it has been determined that 

these individuals have not been found guilty of, or entered 

20

a plea of nolo contendere or guilty to, any felonious offense, or any two or more misdemeanor offenses under 

Federal, State, or Tribal law involving crimes of violence; 

sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed 

against children. 

• Section 6 of S. 1601 amends section 408 to extend the 

character investigation requirements to ‘‘volunteer and 

contractor positions.’’ The IHS regulations, at 42 CFR 

136.403, includes volunteers and contractors within the 

definition of individuals covered by section 408. Section 6 

further amends section 408 to specifically require a background check, based on a set of fingerprints conducted by 

the Federal Bureau of Investigations (FBI) and a review of 

applicable State criminal history repositories. The IHS regulations, at 42 CFR 136.406, includes these requirements 

as part of the background investigation of an individual to 

determine whether minimum standards of character have 

been met. I have enclosed a copy of the Interim Final Rule 

as an addendum to my testimony. 

The results of the efforts highlighted above, as well as 

the increased IHS and tribal emphasis on daily clinical 

identification of and care for victims of abuse have only 

served to stabilize an alarming problem. Data indicate an 

average of approximately 4,500 clinical contacts a year related to child abuse, neglect, and the psychological after effects of such victimization. The number of contacts has remained at approximately the same level for several years. 

It is high, it is unacceptable, it happens for many reasons, 

but it does not happen in isolation from the economic and 

social problems plaguing Indian Country. It will take resources, not only for IHS, but for a broad range of federal 

and tribal support to improve not just clinical services for 

abuse victims, but to positively affect the underlying economic and social cauldron of despair from which so much 

of the violence in Indian Country springs. 

The IHS plans to continue its present projects and initiative efforts to address domestic violence and child abuse 

and neglect. It will also seek to expand services within AI/

AN communities by consulting with IHS health care facilities, tribes, and urban Indian clinics as well as through 

collaboration and advocacy with other federal agencies because the goal of reducing and ultimately preventing violence among our families and against our children will require all our efforts. I am confident in IHS’s commitment 

to that goal and its ability to effectively and innovatively 

use the resources it is given to maximum positive effect. 

There is a long road ahead of us, but we are prepared to 

continue our efforts to address these important issues. 

Mr. Chairman, that concludes my prepared remarks and 

I would be pleased to answer any questions you or other 

members of the Committee may have.

21

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes the following changes in 

existing law made by the bill, S. 1601, as ordered reported, are 

shown as follows (existing law proposed to be omitted is enclosed 

in black brackets, new matter is printed in italic, existing law in 

which no change is proposed is shown in roman): 

AN ACT TO AUTHORIZE THE RUMSEY INDIAN 

RANCHERIA TO CONVEY A CERTAIN PARCEL OF LAND 

Public Law 101–630 

AN ACT To authorize the Rumsey Indian Rancheria to convey a certain parcel of 

land 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled,

* * * * * * *

TITLE IV. INDIAN CHILD PROTECTION 

* * * * * * *

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘Indian Child Protection and Family Violence Prevention Act’. 

SEC. 402. FINDINGS AND PURPOSE. 

(a) FINDINGS.—The Congress, after careful review of the problem 

of child abuse on Indian reservations and the historical and special 

relationship of the Federal Government with Indian people, 

ø(1) finds that— ø(A) the incidents of abuse of children on Indian are 

grossly underreported; 

ø(B) such underreporting is often a result of the lack of 

a mandatory Federal reporting law; 

ø(C) multiple incidents of sexual abuse of children on Indian reservations have been perpetrated by persons employed or funded by the Federal Government; 

ø(D) Federal Government investigations of the background of Federal employees who care for, or teach, Indian 

children are often deficient;¿

(1) finds that— (A) Indian children are the most important resource of 

Indian tribes and need special protection by the United 

States; 

(B) the number of reported incidences of child abuse on 

Indian reservations continues to rise at an alarming rate, 

but the reduction of such incidences is hindered by the lack 

of— (i) community awareness in identification and reporting methods; 

(ii) interagency coordination for reporting, investigating and prosecuting; and 

(iii) tribal infrastructure for managing, preventing 

and treating child abuse cases; 

22

(C) improvements are needed to combat the continuing 

child abuse on Indian reservations, including—

(i) education to identify symptoms consistent with 

child abuse; 

(ii) extensive background investigations of Federal 

and tribal employees, volunteers, and contractors who 

care for, teach or otherwise have regular contact with 

Indian children; 

(iii) strategies to ensure the safety of child protection 

workers; and 

(iv) support systems for the victims of child abuse 

and their families; and

ø(E)¿ (D) funds spent by the United States on Indian 

reservations øor otherwise spent¿ for the benefit of øIndians who are¿ Indian victims of child abuse or family violence are inadequate to combat child abuse and to meet 

the growing needs for mental health treatment and counseling for those victims øof child abuse or family violence¿

and their families; 

ø(F) there is no resource more vital to the continued existence and integrity of Indian tribes than their children 

and the United States has a direct interest, as trustee, in 

protecting Indian children who are members of, or are eligible for membership in, an Indian tribe;¿

(2) declares that the øtwo¿ major goals of the United States 

are to—

(A) identify the scope of incidents of abuse of children 

and family violence in Indian country and to reduce such 

incidents; 

(B) provide funds for developing a comprehensive tribal 

child abuse and family violence program including training and technical assistance for identifying, addressing and 

decreasing such incidents and for mental health treatment 

for Indian victims of child abuse and family violence on Indian reservationsø.¿;

(C) implement strategies to increase the safety of child 

protection workers; 

(D) assist tribes in developing the necessary infrastructure to combat and reduce child abuse on Indian reservations; 

(E) identify and remove impediments to the prevention 

and reduction of child abuse on Indian reservations, including elimination of existing barriers, such as difficulties 

in sharing information among agencies and differences between the values and treatment protocols of the different 

agencies.

(b) PURPOSE.—The purposes of this chapter are to—

(1) require that reports of abused Indian children are made 

to the appropriate authorities in an effort to prevent and prosecute child øfurther¿ abuse; 

(2) establish a reliable data base for statistical purposes and 

to build tribal infrastructure needed to maintain and coordinate data bases øauthorize a study to determine the need for 

a central registry for reported incidents of abuse¿; 

23

ø(3) authorize such other actions as are necessary to ensure 

effective child protection in Indian country;¿

ø(4)¿ (3) establish the Indian Child Abuse Prevention and 

Treatment Grant Program to provide funds for the establishment on Indian reservations of treatment programs for victims 

of child øsexual¿ abuse; 

ø(5)¿ (4) provide for technical assistance and training related 

to the investigation, prevention and treatment of cases of child 

abuse and neglect; 

ø(6)¿ (5) establish Indian Child Resource and Family Services Centers in each Bureau of Indian Affairs Regional øArea¿

Office which will consist of multi-disciplinary teams of personnel with experience and training in the prevention, identification, investigation, and treatment of child abuse and neglect; 

ø(7)¿ (6) provide for the treatment and prevention of incidents of child abuse and family violence through tribally operated programs;

(7) conduct a study to identify the impediments to effective 

prevention, investigation, prosecution and treatment of child 

abuse;

ø(8) establish tribally-operated program to protect Indian 

children and reduce the incidents of family violence in Indian 

country; and¿

(8) develop strategies to protect the safety of the child protection workers while performing responsibilities under this title; 

and 

(9) authorize other actions necessary to ensure effective child 

protection on Indian reservations. 

SEC. 403. DEFINITIONS. 

For the purposes of this chapter, the term—

(1) ‘‘Bureau’’ means the Bureau of Indian Affairs of the Department of the Interior; 

(2) ‘‘child’’ means an individual who—

(A) is not married, and 

(B) has not attained 18 years of age; 

(3) ‘‘child abuse’’ includes but is not limited to 

(A) any case in which—

(i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, 

fracture of any bone, subdural hematoma, soft tissue 

swelling, and 

(ii) such condition is not justifiably explained or may 

not be the product of an accidental occurrence; øand¿

(B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and

(C) any case in which a child is exposed to family violence;

(4) ‘‘child neglect’’ includes but is not limited to, negligent 

treatment or maltreatment of a child by a person, including a 

person responsible for the child’s welfare, under circumstances 

which indicate that the child’s health or welfare is harmed or 

threatened thereby; 

24

(5) ‘‘family violence’’ means any act, or threatened act, of violence, including any forceful detention of an individual, 

which—

(A) results, or threatens to result, in physical or mental 

injury, and 

(B) is committed by an individual against another individual—

(i) to whom such person is, or was, related by blood 

or marriage or otherwise legally related, or 

(ii) with whom such person is, or was, residing; 

(6) ‘‘Indian’’ means any individual who is a member of an Indian tribe; 

(7) ‘‘Indian child’’ has the meaning given to such term by section 1903(4) of this title; 

(8) ‘‘Indian country’’ has the meaning given to such term by 

section 1151 of title 18; 

(9) ‘‘Indian reservation’’ means any Indian reservation, public domain Indian allotment, former Indian reservation in 

Oklahoma, or lands held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 

1601 et seq.) ; 

(10) ‘‘Indian tribe’’ and ‘‘tribal organization’’ have the respective meanings given to each of such terms under section 450b 

of this title; 

(11) ‘‘inter-tribal consortium’’ means a partnership between— (A) an Indian tribe or tribal organization of an Indian 

tribe, and 

(B) one or more Indian tribes or tribal organizations of 

one or more other Indian tribes; 

(12) ‘‘local child protective services agency’’ means that agency of the Federal Government, of a State, or of an Indian tribe 

that has the primary responsibility for child protection on any 

Indian reservation or within any community in Indian country; 

(13) ‘‘local law enforcement agency’’ means that Federal, tribal, or State law enforcement agency that has the primary responsibility for the investigation of an instance of alleged child 

abuse within the portion of Indian country involved; 

(14) ‘‘persons responsible for a child’s welfare’’ means any 

person who has legal or other recognized duty for the care and 

safety of a child, including—

(A) any employee or volunteer of a children’s residential 

facility, and 

(B) any person providing out-of-home care, education, or 

services to children; 

(15) ‘‘related assistance’’—

(A) includes counseling and self-help services to abusers, 

victims, and dependents in family violence situations 

(which shall include counseling of all family members to 

the extent feasible) and referrals for appropriate 

healthcare services (including alcohol and drug abuse 

treatment), and 

(B) may include food, clothing, child care, transportation, 

and emergency services for victims of family violence and 

their dependents; 

25

(16) ‘‘Secretary’’ means the Secretary of the Interior; 

(17) ‘‘shelter’’ means the provision of temporary refuge and 

related assistance in compliance with applicable Federal and 

tribal laws and regulations governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance 

to victims of family violence or their dependents; and 

(18) ‘‘Service’’ means the Indian Health Service of the Department of Health and Human Services. 

SEC. 404. REPORTING PROCEDURES. 

(a) OMITTED. (b) NOTIFICATION OF CHILD ABUSE REPORTS.— (1) When a local law enforcement agency or local child protective services agency receives an initial report from any person of—

(A) the abuse of a child in Indian country, or 

(B) actions which would reasonably be expected to result 

in abuse of a child in Indian country, the receiving agency 

shall immediately notify appropriate officials of the other 

agency of such report and shall also submit, when prepared, a copy of the written report required under subsection (c) of this section to such agency. 

(2) Where a report of abuse involves an Indian child or 

where the alleged abuser is an Indian and where a preliminary 

inquiry indicates a criminal violation has occurred, the local 

law enforcement agency, if other than the Federal Bureau of 

Investigation, shall immediately report such occurrence to the 

Federal Bureau of Investigation.

(3) COOPERATIVE REPORTING.—If— (A) a report of abuse or family violence involves an alleged abuser who is a non-Indian; and 

(B) a preliminary inquiry indicates a criminal violation 

has occurred; 

the local law enforcement agency (if other than the State law 

enforcement agency) shall immediately report the occurrence to 

the State law enforcement agency.

(c) WRITTEN REPORT OF CHILD ABUSE.— (1) Within 36 hours after receiving an initial report described 

in subsection (b) of this section, the receiving agency shall prepare a written report which shall include, if available— (A) the name, address, age, and sex of the child that is 

the subject of the report; 

(B) the grade and the school in which the child is currently enrolled; 

(C) the name and address of the child’s parents or other 

person responsible for the child’s care; 

(D) the name and address of the alleged offender; 

(E) the name and address of the person who made the 

report to the agency; 

(F) a brief narrative as to the nature and extent of the 

child’s injuries, including any previously known or suspected abuse of the child or the child’s siblings and the 

suspected date of the abuse; and 

(G) any other information the agency or the person who 

made the report to the agency believes to be important to 

the investigation and disposition of the alleged abuse. 

26

(2)(A) Any local law enforcement agency or local child protective services agency that receives a report alleging abuse described in section 3202(3) of this title shall immediately initiate an investigation of such allegation and shall take immediate, appropriate steps to secure the safety and well-being of 

the child or children involved. 

(B) Upon completion of the investigation of any report of alleged abuse that is made to a local law enforcement agency or 

local child protective services agency, such agency shall prepare a final written report on such allegation; 

(d) CONFIDENTIALITY OF INFORMANT.—The identity of any person 

making a report described in subsection (b)(1) of this section shall 

not be disclosed, without the consent of the individual, to any person other than a court of competent jurisdiction or an employee of 

an Indian tribe, a State or the Federal Government who needs to 

know the information in the performance of such employee’s duties. 

øSEC. 405. CENTRAL REGISTRY. 

ø(a) PREPARATION OF STUDY.—The Secretary, in consultation 

with the Secretary of Health and Human Services and the Attorney 

General of the United States, is hereby authorized and directed to 

prepare a written study on the feasibility of and need for, the establishment of a Central Register for reports or information on the 

abuse of children in Indian country. 

ø(b) CONTENT OF STUDY.—The study conducted pursuant to subsection (a) of this section shall include, but shall not be limited to—

ø(1) the need for, and purpose of, a Central Register; 

ø(2) the examination of due process implication of the maintenance of such a register; 

ø(3) the extension of access to information contained in the 

Register; 

ø(4) the need and process for expunging information from the 

Register; 

ø(5) the types, and duration of maintenance, of information 

in the Register; and 

ø(6) the classes of persons who should be covered by such 

Register. 

ø(c) SUBMISSION TO CONGRESS.—The Secretary shall complete 

the study conducted pursuant to this section and shall submit such 

study, together with recommendations and draft legislation to implement such recommendations, to the Congress within 180 days 

after November 28, 1990.¿

SEC. 405. BARRIERS TO IMPLEMENTATION. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Health and Human Services and the Attorney General, 

shall conduct a study to identify impediments to the reduction of 

child abuse on Indian reservations. 

(b) MATTERS TO BE EVALUATED.—In conducting the study under 

subsection (a), the Secretary shall, at a minimum, evaluate the 

interagency and intergovernmental cooperation and jurisdictional 

impediments in investigations and prosecutions. 

(c) REPORT.—

(1) IN GENERAL.—Not later than 18 months after the date of 

enactment of this paragraph, the Secretary shall submit to ConVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\SR228.XXX SR228
27

gress a report that describes the results of the study under subsection (a). 

(2) CONTENTS.—The report under paragraph (1) shall include—

(A) any findings made in the study; 

(B) any recommendations that the Secretary considers 

appropriate on ways to eliminate impediments described in 

subsection (a); and 

(C) cost estimates for implementing the recommendations.

SEC. 406. CONFIDENTIALITY. 

Pursuant to section 552a of title 5, the Family Educational 

Rights and Privacy Act of 1974 (20 U.S.C. 1232g), or any other provision of law, agencies of any Indian tribe, of any State, or of the 

Federal Government that investigate and treat incidents of abuse 

of children may provide information and records to those agencies 

of any Indian tribe, any State, or the Federal Government that 

need to know the information in performance of their duties. For 

purposes of this section, Indian tribal governments shall be treated 

the same as other Federal Government entities. 

SEC. 407. WAIVER OF PARENTAL CONSENT. 

(a) EXAMINATIONS AND INTERVIEWS.—Photographs, x-rays, medical examinations, psychological examinations, and interviews of an 

Indian child alleged to have been subject to abuse in Indian country shall be allowed without parental consent if local child protective services or local law enforcement officials have reason to believe the child has been subject to abuse. 

(b) INTERVIEWS BY LAW ENFORCEMENT AND CHILD PROTECTIVE

SERVICES OFFICIALS.—In any case in which officials of the local law 

enforcement agency or local child protective services agency have 

reason to believe that an Indian child has been subject to abuse in 

Indian country, the officials of those agencies shall be allowed to 

interview the child without first obtaining the consent of the parent, guardian, or legal custodian. 

(c) PROTECTION OF CHILD.—Examinations and interviews of a 

child who may have been the subject of abuse shall be conducted 

under such circumstances and with such safeguards as are designed to minimize additional trauma to the child and, where time 

permits, shall be conducted with the advice, or under the guidance, 

of a local multidisciplinary team established pursuant to section 

3210 of this title or, in the absence of a local team, a multidisciplinary team established pursuant to section 3209 of this title. 

(d) COURT ORDERS.—Upon a finding of reasonable suspicion that 

an Indian child has been the subject of abuse in Indian country, 

a Federal magistrate judge or United States District Court may 

issue an order enforcing any provision of this section. 

SEC. 408. CHARACTER INVESTIGATIONS. 

(a) BY SECRETARY OF THE INTERIOR AND SECRETARY OF HEALTH

AND HUMAN SERVICES.—The Secretary and the Secretary of Health 

and Human Services shall—

(1) compile a list of all authorized positions (including contracted and volunteer positions) within their respective departments the duties and responsibilities of which involve regular 

contact with, or control over, Indian children, 

28

(2) conduct an investigation of the character of each individual who is employed, or is being considered for employment, 

by the respective Secretary in a position listed pursuant to 

paragraph (1), and 

(3) prescribe by regulations minimum standards of character 

that each of such individuals must meet to be appointed to 

such positionsø.¿ which— (A) shall include a background check, based on a set of 

fingerprints of the employee, volunteer or contractor that 

may be conducted through the Federal Bureau of Investigation; and

(B) may include a review of applicable State and tribal 

criminal history repositories.

(b) CRIMINAL RECORDS.—The minimum standards of character 

that are to be prescribed under this section shall ensure that none 

of the individuals appointed to positions described in subsection (a) 

of this section have been found guilty of, or entered a plea of nolo 

contendere or guilty to, any felonious offense, or any of two or more 

misdemeanor offenses, under Federal, State, or tribal law involving 

crimes of violence; sexual assault, molestation, exploitation, contact 

or prostitution; crimes against persons; or offenses committed 

against children. 

(c) INVESTIGATIONS BY INDIAN TRIBES AND TRIBAL ORGANIZA- TIONS.—

(1) IN GENERAL.—Each Indian tribe or tribal organization 

that receives funds under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450 et seq.) or the Tribally 

Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) shall— ø(1)¿ (A) conduct an investigation of the character of 

each individual who is a volunteer or contractor or is employed, or is being considered for employment, by such 

tribe or tribal organization in a position that involves regular contact with, or control over, Indian children, and 

ø(2)¿ (B) contract with, accept or employ individuals in 

those positions only if the individuals meet standards of 

character, no less stringent than those prescribed under 

subsection (a) of this section, as the Indian tribe or tribal 

organization shall establish.

(2) SATISFACTION OF REQUIREMENTS.— (A) INVESTIGATIONS.—An investigation conducted under 

paragraph (1)(A) shall be considered to satisfy any requirement under any other Federal law for a background check 

in connection with the placement of an Indian child in a 

foster or adoptive home, or an institution. 

(B) LICENSING OR APPROVAL.—On certification by an Indian tribe that the Indian tribe is in compliance with paragraph (1), the licensing or approval of guardianships, foster 

or adoptive homes, or institutions by an Indian tribe in accordance with tribal law shall be considered to be equivalent to licensing or approval by a State for the purposes of 

any law that authorizes placement in or provides funding 

for guardianships, foster or adoptive homes, or institutions.

SEC. 409. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Health and Human Services, acting through the Service and in cooperation with the BuVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\SR228.XXX SR228
29

reau, shall establish an Indian Child Abuse Treatment Grant Program that provides grants to any Indian tribe or intertribal consortium for the establishment on Indian reservations of treatment programs for Indians who have been victims of child [sexual] abuse. 

(b) GRANT APPLICATIONS.— (1) Any Indian tribe or intertribal consortium may submit to 

the Secretary of Health and Human Services an application for 

a grant under subsection (a) of this section. 

(2) Any application submitted under paragraph (1)— (A) shall be in such form as the Secretary of Health and 

Human Services may prescribe; 

(B) shall be submitted to such Secretary on or before the 

date designated by such Secretary; and 

(C) shall specify— (i) the nature of the program proposed by the applicant, 

(ii) the data and information on which the program 

is based, 

(iii) the extent to which the program plans to use or 

incorporate existing services available on the reservation, and 

(iv) the specific treatment concepts to be used under 

the program. 

(c) MAXIMUM GRANT AMOUNT.—The maximum amount of any 

grant awarded under subsection (a) of this section shall not exceed 

$500,000. 

(d) GRANT ADMINISTRATION AND FINAL REPORT.—Each recipient 

of a grant awarded under subsection (a) of this section shall— (1) furnish the Secretary of Health and Human Services with 

such information as such Secretary may require to— (A) evaluate the program for which the grant is made, 

and 

(B) ensure that the grant funds are expended for the 

purposes for which the grant was made, and 

(2) submit to such Secretary at the close of the term of the 

grant a final report which shall include such information as 

the Secretary may require.

(e) DEMONSTRATION PROJECT.— (1) IN GENERAL.—The Secretary of Health and Human Services shall establish demonstration projects to facilitate the development of a culturally-sensitive traditional healing treatment 

program for child abuse and family violence to be operated by 

an Indian tribe, tribal organization, or inter-tribal consortium. 

(2) APPLICATION.—

(A) IN GENERAL.—An Indian tribe, tribal organization, or 

inter-tribal consortium may submit an application to participate in a demonstration project in such form as the Secretary of Health and Human Services may prescribe. 

(B) CONTENTS.—As part of an application under subparagraph (A), the Secretary of Health and Human Services shall require— (i) the information described in subsection (b)(2)(C); 

(ii) a proposal for development of educational materials and resources, to the extent culturally appropriate; and 

30

(iii) proposed strategies to use and maintain the integrity of traditional healing methods. 

(3) CONSIDERATIONS.—In selecting the participants in demonstration projects established under this subsection, the Secretary of Health and Human Services shall give special consideration to projects relating to behavioral and emotional effects 

of child abuse, elimination of abuse by parents, and reunification of the family.

ø(e)¿ (f) AUTHORIZATION OF APPROPRIATIONS.—øthere¿ There is 

hereby authorized to be appropriated to carry out the provisions of 

this section ø$10,000,000 for each of the years 1992, 1993, 1994, 

1995, 1996 and 1997¿ such sums as are necessary to carry out this 

section for each of the fiscal years 2005 through 2010, or which a 

specific sum shall be specifically set aside each year for the demonstration projects established under subsection (e).

SEC. 410. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS. 

(a) ESTABLISHMENT.—The Secretary shall establish within each 

Regional øarea¿ office of the Bureau an Indian Child Resource and 

Family Services Center. 

(b) MEMORANDUM OF AGREEMENT.—The Secretary, øand¿ the 

Secretary of Health and Human Services, and the Attorney General

shall enter into a Memorandum of Agreement which provides for 

the staffing of the Centers established under this section. 

(c) CENTER STAFFING.—Each Center established under subsection 

(a) of this section shall be staffed by a multidisciplinary team of 

personnel with experience and training in prevention, identification, ivestigation, and treatment of incidents of family violence, 

child abuse, and child neglect. 

(d) CENTER RESPONSIBILITIES AND FUNCTIONS.—Each Center established under subsection (a) of this section shall—

(1) provide advice, technical assistance, and consultation to 

Indian tribes, tribal organizations, and inter-tribal consortia 

upon request; 

(2) provide training to appropriate personnel of Indian tribes, 

tribal organizations, the Bureau and the Service on the identification and investigation of cases of family violence, child 

abuse, and child neglect and, to the extent practicable, coordinate with institutions of higher education, including tribally 

controlled community colleges, to offer college-level credit to interested trainees; 

(3) develop training materials on the prevention, identification, investigation, and treatment of incidents of family violence, child abuse, and child neglect for distribution to Indian 

tribes and to tribal organizations; 

(4) develop recommendations to assist Federal and tribal 

personnel to respond to cases of family violence, child abuse, 

and child neglect; and 

(5) develop policies and procedures for each agency office of 

the Bureau and service unit of the Service within the Region

øarea¿ which, to the extent feasible, comply with tribal laws 

pertaining to cases of family violence, child abuse, and child 

neglect, including any criminal laws, and which provide for 

maximum cooperation with the enforcement of such laws. 

31

(e) MULTIDISCIPLINARY TEAM PERSONNEL.—Each multidisciplinary team established under this section shall include, but is not 

limited to, personnel with a background in—

(1) law enforcement, 

(2) child protective services, 

(3) juvenile counseling and adolescent mental health, and 

(4) domestic violence. 

(f) CENTER ADVISORY BOARD.—The Secretary, in consultation 

with the Secretary of Health and Human Services, shall establish, 

for each Indian Child Resource and Family Services Center, an advisory board to advise and assist such Center in carrying out its 

activities under this chapter. Each advisory board shall consist of 

7 members appointed by the Secretary from Indian tribes and 

human service providers served by a Regional øan area¿ office of 

the Bureau. Members shall serve without compensation, but may 

be reimbursed for travel and other expenses while carrying out the 

duties of the board. The advisory board shall assist the Center in 

developing strategies, coordinating programs, identifying training 

materials, and developing policies and procedures relating to family 

violence, child abuse, and child neglect. 

(g) APPLICATION OF INDIAN SELF-DETERMINATION ACT TO CENTERS.—Indian Child Resource and Family Services Centers established under subsection (a) of this section shall be subject to the 

provisions of the Indian Self-Determination Act (25 U.S.C. 450f et 

seq.). If a Center is located in a Regional øan area¿ office of the 

Bureau which serves more than one Indian tribe, any application 

to enter into a contract to operate the Center pursuant to such Act 

must have the consent of each of the other tribes to be served 

under the contract, except that, in the Alaska Region øJuneau 

Area¿, only the consent of such tribes or tribal consortia that are 

engaged in contracting of Indian Child Protection and Family Violence Prevention programs pursuant to such Act shall be required. 

This section shall not preclude the designation of an existing child 

resource and family services center operated by a tribe or tribal organization as a Center if all of the tribes to be served by the Center 

agree to such designation. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out the provisions of this section 

ø$3,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 

1996 and 1997¿ such sums as are necessary to carry out this section 

for each of fiscal years 2005 through 2010.

SEC. 411. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish within the 

Bureau an Indian Child Protection and Family Violence Prevention 

Program to provide financial assistance to any Indian tribe, tribal 

organization, or intertribal consortium for the development of an 

Indian Child Protection and Family Violence Prevention program. 

(b) INDIAN SELF-DETERMINATION ACT AGREEMENTS.—The Secretary is authorized to enter into agreements with Indian tribes, 

tribal organizations, or intertribal consortia pursuant to the Indian 

Self-Determination Act (25 U.S.C. 450f et seq.) for the establishment of Indian Child Protection and Family Violence Prevention 

programs on Indian reservations. 

32

(c) INVESTIGATION AND TREATMENT AND PREVENTION OF CHILD

ABUSE AND FAMILY VIOLENCE.—An Indian tribe operating an Indian Child Protection and Family Violence Prevention program established under this section shall designate the agency or officials 

which shall be responsible— (1) for the coordination, reporting and investigation of reported cases of child abuse and child neglect; and 

(2) for the treatment and prevention of incidents of child 

abuse and family violence, including all members of any multidisciplinary child protection team; and 

(3) for the provision of immediate shelter and related assistance for victims of family violence and their dependents. 

(d) PROGRAM RESPONSIBILITIES AND FUNCTIONS.—Funds provided 

pursuant to this section may be used for— (1) the establishment of a child protective services program 

which may include— (A) the employment of child protective services staff to 

investigate cases of child abuse and child neglect; 

(B) training programs for child protective services personnel, law enforcement personnel, and judicial personnel 

in the investigation, prevention, and treatment of cases of 

child abuse and child neglect; and 

(C) purchase of equipment and other related items to assist in the investigation of cases of child abuse and child 

neglect; 

(2) the establishment of a family violence prevention and 

treatment program which may include— (A) the employment of family violence prevention and 

treatment staff to respond to incidents of family violence; 

(B) the provision of immediate shelter and related assistance for victims of family violence and their dependents; 

(C) training programs for family violence prevention and 

treatment personnel, law enforcement personnel, and judicial personnel in the investigation, prevention, and treatment of cases of family violence; and 

(D) construction or renovation of facilities for the establishment of family violence shelters; 

(3) the development and implementation of a multidisciplinary child abuse investigation and prosecution program 

which may—

(A) coordinate child abuse prevention, investigation, 

prosecution, treatment, and counseling services; 

(B) develop protocols among related agencies to ensure 

that investigations of child abuse cases, to the extent practicable, minimize the trauma to the child victim; ø, and¿

(C) provide for the coordination and cooperation of law 

enforcement agencies, courts of competent jurisdiction, and 

other tribal, Federal, and State agencies through intergovernmental or interagency agreements that define and 

specify each party’s responsibilities and specify appropriate 

measures for ensuring child protection worker safety while 

performing responsibilities under this title;

(D) provide for training programs or expenses for child 

protection services personnel, law enforcement personnel or 

judicial personnel to meet any certification requirements 

33

necessary to fulfill the responsibilities of any intergovernmental or interagency agreement; and

(E) develop and implement strategies designed to ensure 

the safety of child protection workers while performing the 

responsibilities under this Act;

(4) the development of tribal child protection codes and regulations; 

(5) the establishment of training programs for— (A) professional and paraprofessional personnel in the 

fields of medicine, law, education, social work, and other 

relevant fields who are engaged in, or intend to work in, 

the field of prevention, identification, investigation, and 

treatment of family violence, child abuse, and child neglect; 

(B) instruction in methods of protecting children from 

abuse and neglect for persons responsible for the welfare 

of Indian children, including parents of, and persons who 

work with, Indian children; or 

(C) educational, identification, prevention and treatment 

services for child abuse and child neglect in cooperation 

with preschool, elementary and secondary schools, or tribally controlled community colleges (within the meaning of 

section 1801 of this title); 

(6) other community education efforts for tribal members (including school children) regarding issues of family violence, 

child abuse, and child neglect; øand¿

(7) infrastructure enhancements to improve tribal data systems to monitor the progress of families, evaluate service and 

treatment outcomes, and determine the most effective approaches and activities; and

ø(7)¿ (8) such other innovative and culturally relevant programs and projects as the Secretary may approve, including 

programs and projects for— (A) parental awareness and self-help, 

(B) prevention and treatment of alcohol and drug-related 

family violence, child abuse, and child neglect, or 

(C) home health visitor programs, that show promise of 

successfully preventing and treating cases of family violence, child abuse, and child neglect. 

ø(f)¿ (e) SECRETARIAL REGULATIONS; BASE SUPPORT FUNDING.—

(1) The Secretary, with the participation of Indian tribes, 

shall establish, and promulgate by regulations, a formula 

which establishes base support funding for Indian Child Protection and Family Violence Prevention programs. 

(2) In the development of regulations for base support funding for such programs, the Secretary shall develop, in consultation with Indian tribes, appropriate caseload standards and 

staffing requirements which are comparable to standards developed by the National Association of Social Work, the Child 

Welfare League of America and other professional associations 

in the field of social work and child welfare. Each level of funding assistance shall correspond to the staffing requirements established by the Secretary pursuant to this section. 

(3) Factors to be considered in the development of the base 

support funding formula shall include, but are not limited to—

34

(A) projected service population of the program; 

(B) projected service area of the program; 

(C) projected number of cases per month; and 

(D) special circumstances warranting additional program 

resources, such as high incidence of child sexual abuse, 

high incidence of violent crimes against women, or the existence of a significant victim population within the community. 

(4) The formula established pursuant to this subsection shall 

provide funding necessary to support— (A) one child protective services or family violence caseworker, including fringe benefits and support costs, for 

each tribe; and 

(B) an additional child protective services and family violence caseworker, including fringe benefits and support 

costs, for each level of assistance for which an Indian tribe 

qualifies. 

(5) In any fiscal year that appropriations are not sufficient 

to fully fund Indian Child Protection and Family Violence Prevention programs at each level of assistance under the formula 

required to be established in this subsection, available funds 

for each level of assistance shall be evenly divided among the 

tribes qualifying for that level of assistance. 

ø(g)¿ (f) MAINTENANCE OF EFFORT.—Services provided under contracts made under this section shall supplement, not supplant, 

services from any other funds available for the same general purposes, including, but not limited to— (1) treatment, including, but not limited to— (A) individual counseling, 

(B) group counseling, and 

(C) family counseling; 

(2) social services and case management; 

(3) training available to Indian tribes, tribal agencies, and 

Indian organizations regarding the identification, investigation, 

prevention, and treatment of family violence, child abuse, and 

child neglect; and 

(4) law enforcement services, including investigations and 

prosecutions. 

ø(h)¿ (g) CONTRACT EVALUATION AND ANNUAL REPORT.—Each recipient of funds awarded pursuant to subsection (a) of this section 

shall—

(1) furnish the Secretary with such information as the Secretary may require to— (A) evaluate the program for which the award is made, 

øand¿ including examination of— (i) the range and scope of training opportunities, including numbers and percentage of child protection 

workers engaged in training programs; 

(ii) the threats to child protection workers, if any, 

and the strategies used to address the safety of child 

protection workers; and 

(iii) the community outreach and awareness programs including any strategies to increase the ability 

of the community to contact appropriate reporting officials regarding occurrences of child abuse;

35

(B) ensure that funds are expended for the purposes for 

which the award was made; and 

(2) submit to the Secretary at the end of each fiscal year an 

annual report which shall include such information as the Secretary may require. 

ø(i)¿ (h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out the provisions of this section 

ø$30,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, 

1996 and 1997¿ such sums as are necessary to carry out this section 

for each of fiscal years 2005 through 2010.

SEC. 412. INTEGRATION OF SERVICES. 

(a) DEMONSTRATION PROJECT.—In cooperation with the Secretary 

of Health and Human Services and Attorney General, the Secretary 

shall, on the receipt of a plan acceptable to the Secretary that is 

submitted by an Indian tribe, tribal organization or inter-tribal consortium, authorize the Indian tribe, tribal organization or inter-tribal consortium to carry out a demonstration project to coordinate, in 

accordance with the plan, its federally funded child abuse related 

service programs in a manner that integrates the program services 

into a single coordinated, comprehensive program that reduces administrative costs by consolidating administrative functions. 

(b) INTEGRATION OF PROGRAMS.— (1) IN GENERAL.—Subject to paragraph (2), an Indian tribe, 

tribal organization or inter-tribal consortium may integrate any 

program under which the Indian tribe, tribal organization or 

inter-tribal consortium is eligible for receipt of funds under a 

statutory or administrative formula, competitive grant or any 

other funding scheme for the purposes of addressing child 

abuse. 

(2) COMPETITIVE GRANT PROGRAMS.—In the case of a competitive grant program, the consent of the funding agency shall be 

required for integration of the program under paragraph (1). 

(c) PLAN REQUIREMENTS.—A plan under subsection (a), shall— (1) identify the programs to be integrated; 

(2) be consistent with the purposes of this Act; 

(3) describe a comprehensive strategy that identifies the full 

range of existing and potential child abuse and family violence 

prevention, treatment and service programs available on or 

near the service area of the Indian tribe; 

(4) describe the manner in which services are to be integrated 

and delivered and the results expected from the plan; 

(5) identify the projected expenditures under the plan in a 

single budget; 

(6) identify the agency or agencies of the tribal government to 

be involved in the delivery of the services integrated under the 

plan; 

(7) identify any statutory provisions, regulations, policies, or 

procedures that the tribal government believes need to be 

waived in order to implement its plan; and 

(8) be approved by the governing body of the affected Indian 

tribe or tribes. 

(d) OTHER FEDERAL AGENCIES.—

(1) CONSULTATION.—On receipt of the plan from an Indian 

tribe, tribal organization, or inter-tribal consortium, the Secretary shall consult with—

36

(A) the head of each Federal agency providing funds to 

be used to implement the plan; and 

(B) the Indian tribe, tribal organization or inter-tribal 

consortium. 

(2) WAIVER.—Notwithstanding any other provision of law, the 

Attorney General or the appropriate Secretary shall waive any 

regulation, policy, or procedure promulgated by that agency 

identified in the plan, unless such waiver would be inconsistent 

with this Act or any statutory requirement applicable to the program to be integrated under the plan that is specifically applicable to Indian programs. 

(e) APPROVAL OR DISAPPROVAL—

(1) NOTICE.—Not later than 90 days after receipt of the plan, 

the Secretary shall notify the Indian tribe, tribal organization 

or inter-tribal consortium, in writing, of the approval or disapproval of the plan. 

(2) DISAPPROVAL.—If the plan is disapproved—

(A) the notice under paragraph (1) shall inform the Indian tribe, tribal organization or inter-tribal consortium of 

the reasons for the disapproval; and 

(B) the Indian tribe, tribal organization, or inter-tribal 

consortium shall be given an opportunity to amend the 

plan or to petition the Secretary to reconsider the disapproval. 

(f) RESPONSIBILITIES OF THE DEPARTMENT OF THE INTERIOR.—

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary, the Secretary of Health 

and Human Services and the Attorney General shall enter into 

a memorandum of agreement providing for the implementation 

of demonstration projects under this section. 

(2) COORDINATING AGENCY.—The coordinating agency in carrying out this section shall be the Bureau of Indian Affairs. 

(3) Responsibilities.—

(A) IN GENERAL.—The responsibilities of the coordinating 

agency shall include—

(i) the development of a single report format which 

shall be used by the tribe, tribal organization or intertribal consortium to report on all the plan activities 

and expenditure; 

(ii) the development of a single system of Federal 

oversight of demonstration projects, which shall be implemented by the coordinating agency; and 

(iii) the provision of, or arrangement for, technical 

assistance to an Indian tribe, tribal organization, or 

intertribal consortium. 

(B) REQUIREMENTS.—The report form developed under 

subparagraph (A)(i) shall require disclosure of such information as the Secretary determines will—

(i) allow a determination that the Indian tribe, tribal 

organization or inter-tribal consortium has complied 

with the requirements incorporated in the approved 

plan of the Indian tribe; and 

(ii) provide assurances to each funding agency that 

the Indian tribe, tribal organization or inter-tribal conVerDate jul 14 2003 03:39 Mar 11, 2004 Jkt 029010 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\SR228.XXX SR228
37

sortium has complied with all applicable statutory requirements that have not been waived. 

(g) NO REDUCTION.—In no case shall the amount of Federal funds 

made available to any tribal government conducting a demonstration project be reduced by reason of the conduct of the demonstration project. 

(h) TRANSFER OF FUNDS.—The Secretary, Secretary of Health and 

Human Services, or Attorney General, as appropriate, may take 

such action as is necessary to provide for an interagency transfer of 

funds otherwise available to an Indian tribe, tribal organization or 

inter-tribal consortium to carry out this section immediately upon 

the request of the Indian tribe, tribal organization, or inter-tribal 

consortium. 

(i) ADMINISTRATION OF FUNDS.—

(1) IN GENERAL.—The funds of programs that are integrated 

under this section shall be administered in such a manner as 

to allow for a determination that funds from specific programs 

(or an amount equal to the amount attracted from each program) are spent on allowable activities authorized under the 

program. 

(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this section requires an Indian tribe, tribal organization or inter-tribal 

consortium to—

(A) maintain separate records tracing any services or activities conducted under an approved plan to the individual 

programs under which funds were authorized; or 

(B) allocate expenditures among individual programs. 

(3) ADMINISTRATIVE COSTS.—

(A) COMMINGLING.—All administrative costs under the 

approved plan may be commingled. 

(B) ENTITLEMENT TO FULL AMOUNT.—An Indian tribe, 

tribal organization, or inter-tribal consortium shall be entitled to the full amount of funding of administrative costs 

in accordance with regulations applicable to each program. 

(C) EXCESS FUNDS.—Any excess of funds available to pay 

adminstrative costs, shall not be counted for Federal audit 

purposes, if the funds are used for the purposes provided 

for under this title. 

(j) FISCAL ACCOUNTABILITY.—Nothing in this section diminishes 

the duty of the Secretary to fulfill the responsibility of safeguarding 

Federal funds in accordance with chapter 75 of title 31, United 

States Code. 

(k) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.—

(1) PRELIMINARY REPORT.—Not later than 3 years after the 

date of the enactment of this section, the Secretary shall submit 

to Congress a preliminary report on the status of the implementation of the demonstration program authorized under this section. 

(2) FINAL REPORT.—Not later than 6 years after the date of 

the enactment of this section, the Secretary shall submit to Congress a report that—

(A) describes the results of the implementation of this section; and

38

(B) identifies statutory barriers to more effective integration of program services in a manner consistent with this 

section. 

* * * * * * *

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

Public Law No. 90–351 

* * * * * * *

AN ACT To authorize the * * * 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

* * * * * * *

TITLE I. GRANTS TO COMBAT VIOLENT 

CRIMES AGAINST WOMEN 

SEC. 2001. PURPOSE OF PROGRAM AND GRANTS. 

* * * * * * * 

(d) TRIBAL COALITION GRANTS.—

(1) PURPOSE.—The Attorney General shall award grants to 

tribal domestic violence and sexual assault coalitions for purposes of—

(A) increasing awareness of domestic violence and sexual 

assault against Indian women; 

(B) enhancing the response to violence against Indian 

women at the Federal, State and tribal levels; and 

(C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence. 

(2) GRANTS TO TRIBAL COALITIONS.—The Attorney General 

shall award grants under paragraph (1) to—

(A) established nonprofit, nongovernmental tribal coalitions that address domestic violence and sexual assault 

against Indian women; and 

(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to 

address domestic violence and sexual assault against Indian women. 

(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award 

under this subsection by a tribal domestic violence and sexual 

assault coalition shall not preclude the coalition from receiving 

additional grants under this title to carry out the purposes described in subsection (b). 

* * * * * * *

SEC. 2007. STATE GRANTS. 

* * * * * * *

39

(b) AMOUNTS.—Of the amounts appropriated for the purposes of 

this subchapter—

* * * * * * *

(4) ø1/54 shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault 

coalitions in Indian country¿ 1/54 shall be available for grants 

under Section 2001(d); 

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Æ