I

103D CONGRESS

2D SESSION S. 2075

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Referred to the Committee on Natural Resources

AN ACT

To amend the Indian Child Protection and Family Violence

Prevention Act to reauthorize and improve programs

under the Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Indian Child Protection and Family Violence Prevention

6 Act Amendments of 1994’’.
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1 (b) REFERENCES.—Whenever in this Act an amend2 ment is expressed in terms of an amendment to, or repeal

3 of, a section or other provision, the reference shall be con4 sidered to be made to a provision of the Indian Child Pro5 tection and Family Violence Prevention Act (25 U.S.C.

6 3201 et seq.).

7 SEC. 2. FINDINGS AND PURPOSE.

8 Section 402(1) (25 U.S.C. 3201(1)) is amended—

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (F); and

11 (2) by adding at the end the following new sub12 paragraph:

13 ‘‘(G) it is necessary to address the scope of

14 family violence in order to break the cycle of

15 intrafamily child abuse and neglect; and’’.

16 SEC. 3. REAUTHORIZATION AND IMPROVEMENT OF INDIAN

17 CHILD PROTECTION AND VIOLENCE PREVEN18 TION PROGRAMS.

19 (a) DEFINITION.—Section 403 (25 U.S.C. 3202) is

20 amended—

21 (1) by striking ‘‘and’’ at the end of paragraph

22 (17);

23 (2) by striking the period at the end of para24 graph (18) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(19) ‘Director’ means the Director of the In4 dian Health Service of the Department of Health

5 and Human Services.’’.

6 (b) CENTRAL REGISTER.—Section 405 (25 U.S.C.

7 3204) is amended—

8 (1) in subsection (c), by striking ‘‘, together

9 with recommendations and draft legislation to imple10 ment such regulations,’’; and

11 (2) by adding at the end the following new sub12 sections:

13 ‘‘(d) If the Secretary establishes in the Bureau of In14 dian Affairs a Central Register described in the study con15 ducted under this section, the Central Register shall, if

16 feasible, be connected to existing tribal, Federal, or State

17 central registries.

18 ‘‘(e)(1) The Secretary of the Interior may establish

19 a grant program to award grants to Indian tribes that

20 submit an application that is approved by the Secretary

21 to establish, operate, and maintain a central registry sys22 tem for the tribe that contains information regarding child

23 abuse with respect to the tribe.

24 ‘‘(2) An application submitted under paragraph (1)

25 shall—
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1 ‘‘(A) be in such form as the Secretary may pre2 scribe; and

3 ‘‘(B) specify the nature of the central registry

4 proposed by the applicant.

5 ‘‘(3) Each tribe that receives a grant under para6 graph (1) shall furnish the Secretary with such informa7 tion as the Secretary may require to evaluate the imple8 mentation of the central registry and ensure that the

9 grant funds are expended for the purpose for which the

10 grant was made.

11 ‘‘(4) There are authorized to be appropriated to the

12 Department of the Interior such sums as may be necessary

13 to carry out this subsection.’’.

14 (c) PROVISION OF RECORDS AND INFORMATION TO

15 TRIBES.—Section 406 (25 U.S.C. 3205) is amended—

16 (1) in the first sentence, by striking ‘‘may’’ and

17 inserting ‘‘shall’’;

18 (2) by inserting after the first sentence, the fol19 lowing new sentence: ‘‘Federal law enforcement

20 agencies that investigate incidents of child abuse in

21 Indian country shall provide information and records

22 to Indian tribal law enforcement agencies requiring

23 such information and records in order to fulfill the

24 duties of such tribes under this Act.’’; and

25 (3) in the last sentence—
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1 (A) by striking ‘‘governments’’ and insert2 ing ‘‘agencies’’; and

3 (B) by striking ‘‘entities’’ and inserting

4 ‘‘agencies’’.

5 (d) MEDICAL EXAMINATIONS IN CONNECTION WITH

6 CHILD ABUSE REPORTS.—Section 407 (25 U.S.C. 3206)

7 is amended by adding at the end the following new sub8 section:

9 ‘‘(e) MEDICAL EXAMINATIONS IN CONNECTION WITH

10 CHILD ABUSE REPORTS.—

11 ‘‘(1) IN GENERAL.—As soon as practicable

12 after the date of enactment of this subsection, the

13 Secretary, acting through the Service, shall develop

14 and publish suggested guidelines for physicians em15 ployed by the Service concerning the appropriate use

16 of a medical examination in an investigation of a re17 port of child abuse in Indian country.

18 ‘‘(2) CONTENT OF GUIDELINES.—The guide19 lines developed by the Secretary shall provide for

20 protocols that—

21 ‘‘(A) ensure against unnecessary and in22 trusive medical examinations; and

23 ‘‘(B) provide guidance for physicians in

24 treating children who are subject to child abuse

25 in Indian country.’’.
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1 (e) CHARACTER.—

2 (1) CHARACTER INVESTIGATIONS.—Section 408

3 (25 U.S.C. 3207) is amended—

4 (A) in subsection (a)(3), by inserting ‘‘with

5 the participation of Indian tribes,’’ before ‘‘pre6 scribe regulations’’;

7 (B) in subsection (c)(1), by inserting ‘‘in8 cluding, at a minimum, an inquiry into the pre9 vious employment, residential, and academic

10 history of the individual who is employed or

11 being considered for employment’’ after ‘‘Indian

12 children’’; and

13 (C) by adding at the end the following new

14 subsection:

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section

17 $3,000,000 for each of fiscal years 1995 through 2005.’’.

18 (2) ISSUANCE OF MINIMUM CHARACTER STAND19 ARDS.—Not later than 1 year after the date of en20 actment of this Act, the Secretary of the Interior

21 and the Secretary of Health and Human Services

22 shall—

23 (A) publish in the Federal Register regula24 tions containing the minimum standards of

25 character that are required under section
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1 408(a)(3) of the Indian Child Protection and

2 Family Violence Prevention Act (25 U.S.C.

3 3207(a)(3)); and

4 (B) provide a copy of the regulations con5 taining such minimum standards to each Indian

6 tribe.

7 (f) INDIAN CHILD ABUSE TREATMENT GRANT PRO8 GRAM.—

9 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec10 tion 409(a) (25 U.S.C. 3208 (a)) is amended—

11 (A) by striking ‘‘and in cooperation with

12 the Bureau’’; and

13 (B) by striking ‘‘intertribal’’ and inserting

14 ‘‘inter-tribal’’.

15 (2) TREATMENT CONCEPTS.—Section 409(b)

16 (25 U.S.C. 3208(b)) is amended by adding at the

17 end the following new paragraph:

18 ‘‘(3) Nothing in the criteria referred to in paragraph

19 (2) may be construed to limit the ability of an Indian tribe

20 or an inter-tribal consortium to provide culturally relevant

21 child abuse treatment concepts that are consistent with

22 tribal values and customs.’’.

23 (3) ELIMINATION OF MAXIMUM GRANT

24 AMOUNT.—Section 409 (25 U.S.C. 3208) is amend25 ed—
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1 (A) by striking subsection (c); and

2 (B) by redesignating subsections (d) and

3 (e) as subsections (c) and (d), respectively.

4 (4) EXTENSION OF AUTHORIZATION OF APPRO5 PRIATIONS.—Subsection (d) of section 409, as redes6 ignated by paragraph (3)(B), is amended by striking

7 ‘‘each of the fiscal years 1992, 1993, 1994, and

8 1995’’ and inserting ‘‘each of fiscal years 1995

9 through 2005’’.

10 (5) CLERICAL AMENDMENT.—Subsection (d) of

11 section 409 (as so redesignated), as amended by

12 paragraph (3), is further amended by striking ‘‘there

13 is hereby’’ and inserting the following: ‘‘AUTHORIZA14 TION OF APPROPRIATIONS.—There are’’.

15 (g) INDIAN FAMILY VIOLENCE TREATMENT GRANT

16 PROGRAM.—The Indian Child Protection and Family Vio17 lence Prevention Act (25 U.S.C. 3201 et seq.) is amend18 ed—

19 (1) by redesignating sections 410 through 412

20 as sections 411 through 413, respectively; and

21 (2) by inserting after section 409 the following

22 new section:
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1 ‘‘SEC. 410. INDIAN FAMILY VIOLENCE TREATMENT GRANT

2 PROGRAM.

3 ‘‘(a) ESTABLISHMENT OF GRANT PROGRAM.—The

4 Secretary of Health and Human Services, acting through

5 the Indian Health Service, shall establish a Family Vio6 lence Grant Program. Such Program shall provide grants

7 to any Indian tribe or inter-tribal consortium that submits

8 an application that is approved by the Secretary, for the

9 establishment on Indian reservations of treatment pro10 grams for Indians who have been victims of family violence

11 (including Indians who have been victims of elder abuse).

12 ‘‘(b) GRANT APPLICATIONS.—

13 ‘‘(1) IN GENERAL.—An Indian tribe or inter14 tribal consortium may submit to the Secretary of

15 Health and Human Services an application for a

16 grant under subsection (a).

17 ‘‘(2) APPLICATION CONTENT.—An application

18 submitted under paragraph (1) shall—

19 ‘‘(A) be in such form as the Secretary of

20 Health and Human Services may prescribe; and

21 ‘‘(B) specify—

22 ‘‘(i) the nature of the program that

23 the applicant proposes to carry out, and

24 the extent to which family violence (includ25 ing elder abuse) will be addressed in the

26 program;
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1 ‘‘(ii) the data and information on

2 which the proposed program is based;

3 ‘‘(iii) the extent to which the proposed

4 program would use or incorporate existing

5 services that are available on the Indian

6 reservation; and

7 ‘‘(iv) the specific treatment concepts

8 to be used under the program.

9 ‘‘(c) GRANT ADMINISTRATION AND FINAL RE10 PORT.—Each recipient of a grant made under subsection

11 (a) shall—

12 ‘‘(1) furnish the Secretary of Health and

13 Human Services with such information as the Sec14 retary may require to—

15 ‘‘(A) evaluate the program for which the

16 grant is made; and

17 ‘‘(B) ensure that the funds provided under

18 the grant are expended for the purposes for

19 which the grant was made; and

20 ‘‘(2) submit to the Secretary of Health and

21 Human Services on the termination of the period of

22 the grant, a final report that shall include such in23 formation as such Secretary may require.

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Department of
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1 Health and Human Services to carry out this section

2 $4,000,000 for each of fiscal years 1995 through 2005.’’.

3 (h) INDIAN CHILD RESOURCE AND FAMILY SERV4 ICES CENTERS.—

5 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec6 tion 411 (as redesignated by subsection (g)(1)) is

7 amended—

8 (A) in subsection (a), by striking ‘‘The

9 Secretary’’ and inserting ‘‘The Director’’;

10 (B) in subsection (b)—

11 (i) by striking ‘‘The Secretary and the

12 Secretary of Health and Human Services

13 shall’’ and inserting ‘‘The Secretary and

14 the Director may’’; and

15 (ii) by adding at the end the following

16 new sentence: ‘‘In making a determination

17 whether to enter into a Memorandum of

18 Agreement with the Secretary pursuant to

19 this subsection, the Director shall take into

20 consideration whether the Indian tribes

21 within an area to be served by the Director

22 have contracted for social service programs

23 or rely primarily on the Bureau for the di24 rect provision of child abuse and family vi25 olence counseling services.’’;
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1 (C) in subsection (d)(2)—

2 (i) by inserting ‘‘including’’ after

3 ‘‘family violence’’; and

4 (ii) by inserting ‘‘and provide incen5 tives for Indians pursuing college degrees

6 in social work’’ after ‘‘trainees’’;

7 (D) in subsection (d)(5), by inserting ‘‘in

8 consultation with the appropriate official of the

9 Bureau,’’ before ‘‘develop policies’’;

10 (E) in subsection (e), by adding at the end

11 the following new flush sentence:

12 ‘‘In each area served by a school of the Bureau, an em13 ployee of the Office of Indian Education shall serve on

14 the multidisciplinary team established for the area pursu15 ant to this section.’’;

16 (F) in subsection (f)—

17 (i) by striking ‘‘The Secretary, in con18 sultation with the Secretary of Health and

19 Human Services, shall establish,’’ and in20 serting ‘‘The Director, or the Director and

21 the Secretary (acting jointly in accordance

22 with any Memorandum of Agreement en23 tered into under subsection (b)), shall es24 tablish,’’; and
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1 (ii) by striking ‘‘the Secretary’’ in the

2 second sentence and inserting ‘‘the Direc3 tor’’; and

4 (G) in the second sentence of subsection

5 (g), by inserting ‘‘pursuant to such Act’’ after

6 ‘‘contract’’.

7 (2) CENTER SERVICE AREAS.—Subsection (a)

8 of section 411 (as redesignated by subsection (g)(1),

9 and as amended by paragraph (1)(A)) is further

10 amended by striking ‘‘each area office of the Bu11 reau’’ and inserting ‘‘each area of the Service’’.

12 (3) CENTER ADVISORY BOARDS.—Section 411

13 (as redesignated by subsection (g)(1), and as amend14 ed by paragraph (1)) is further amended—

15 (A) in subsection (f)—

16 (i) by striking ‘‘an area office of the

17 Bureau’’ in the second sentence and insert18 ing ‘‘an area of the Service’’; and

19 (ii) by adding at the end the following

20 new sentence: ‘‘The advisory board shall

21 provide such assistance in accordance with

22 the provisions of the Memorandum of

23 Agreement, if any, entered into under sub24 section (b) of this section.’’; and
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1 (B) in the second sentence of subsection

2 (g), by striking ‘‘an area office of the Bureau’’

3 and inserting ‘‘an area of the Service’’.

4 (4) EXTENSION OF AUTHORIZATION OF APPRO5 PRIATIONS.—Subsection (h) of section 411 (as re6 designated by subsection (g)(1)) is amended by

7 striking ‘‘each of the fiscal years 1992, 1993, 1994,

8 and 1995’’ and inserting ‘‘each of fiscal years 1995

9 through 2005’’.

10 (5) TRANSFER OF FUNDS.—Notwithstanding

11 any other provision of law, the Secretary of the Inte12 rior shall transfer any funds available to the Depart13 ment of the Interior on the date of the enactment

14 of this Act for the purposes of carrying out the func15 tions of the Indian Child Resource and Family Serv16 ices Centers to the Secretary of Health and Human

17 Services for the purposes of carrying out such func18 tions.

19 (i) INDIAN CHILD PROTECTION AND FAMILY VIO20 LENCE PREVENTION.—

21 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec22 tion 412 (as redesignated by subsection (g)(1)) is

23 amended—

24 (A) by striking ‘‘Secretary’’ each place it

25 appears and inserting ‘‘Director’’; and
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1 (B) in subsection (a), by striking ‘‘the Bu2 reau’’ and inserting in lieu thereof ‘‘the Serv3 ice’’.

4 (2) EXTENSION OF AUTHORIZATION OF APPRO5 PRIATIONS.—Subsection (i) of section 412 (as redes6 ignated by subsection (g)(1)) is amended by striking

7 ‘‘each of the fiscal years 1992, 1993, 1994, and

8 1995’’ and inserting ‘‘each of fiscal years 1995

9 through 2005’’.

10 (3) MISCELLANEOUS AMENDMENTS.—Section

11 412 (as redesignated by subsection (g)(1), and as

12 amended by paragraph (1)) is further amended—

13 (A) in subsection (b), by striking ‘‘Indian

14 Self-Determination Act’’ and inserting ‘‘Indian

15 Self-Determination and Education Assistance

16 Act (25 U.S.C. 450 et seq.)’’;

17 (B) in subsection (d)(3)—

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘and family vio20 lence’’ after ‘‘multidisciplinary child

21 abuse’’;

22 (ii) in subparagraph (A), by inserting

23 ‘‘and family violence’’ after ‘‘child abuse’’;

24 and

25 (iii) in subparagraph (B)—
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1 (I) by inserting ‘‘and family vio2 lence’’ after ‘‘child abuse’’; and

3 (II) by striking ‘‘child victim’’

4 and inserting ‘‘victim’’;

5 (C) in subsection (d)(4), by inserting ‘‘and

6 family violence’’ after ‘‘child protection’’;

7 (D) by striking ‘‘(f) SECRETARIAL REGU8 LATIONS; BASE SUPPORT FUNDING.—’’ and in9 serting the following:

10 ‘‘(e) COMPETITIVE GRANTS.—’’; and

11 (E) in subsection (e) (as so redesig12 nated)—

13 (i) in paragraph (1), by striking ‘‘,

14 and promulgate by regulations, a formula

15 which establishes base support funding’’

16 and inserting ‘‘a competitive grant pro17 gram’’;

18 (ii) by striking paragraph (2), and in19 serting the following new paragraph:

20 ‘‘(2)(A) In awarding each competitive grant for

21 a program referred to in paragraph (1), the Director

22 shall consider—

23 ‘‘(i) with respect to the applicant, and

24 among other criteria, the degree of need, pre25 existing resources; and
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1 ‘‘(ii) if feasible, the potential of the grant

2 in facilitating the development on a regional

3 level of intertribal cooperative programs.

4 ‘‘(B) In developing regulations for the competi5 tive grant program established under this sub6 section, the Secretary of Health and Human Serv7 ices, acting through the Director, shall develop, in

8 consultation with Indian tribes, appropriate caseload

9 standards and staffing requirements that account

10 for the resources and needs of Indian tribes and

11 tribal organizations. ’’;

12 (iii) in paragraph (3)—

13 (I) in the matter preceding sub14 paragraph (A), by striking ‘‘develop15 ment of the base support funding for16 mula’’ and inserting ‘‘in awarding

17 grants under this subsection’’; and

18 (II) in subparagraph (A), by in19 serting before the semicolon the fol20 lowing: ‘‘, including any projected re21 gional development of intertribal pro22 grams, if feasible’’; and

23 (iv) in paragraph (4), by striking

24 ‘‘formula established’’ and inserting

25 ‘‘grants awarded’’.
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1 (4) TRANSFER OF FUNDS.—Notwithstanding

2 any other provision of law, the Secretary of the Inte3 rior shall transfer any funds available to the Depart4 ment of the Interior, on the date of the enactment

5 of this Act for the purposes of carrying out the In6 dian Child Protection and Family Violence Preven7 tion Program established under section 412 of the

8 Indian Child Protection and Family Violence Pre9 vention Act (as redesignated by subsection (g)(1)),

10 to the Secretary of Health and Human Services for

11 the purposes of carrying out such program.

12 (j) RESPONSIBILITY FOR ANNUAL REPORT.—Section

13 413 (as redesignated by subsection (g)(1)) is amended by

14 striking ‘‘Secretary’’ and inserting ‘‘Director’’.

15 (k) CONFORMING AMENDMENTS.—Section 407(c)

16 (25 U.S.C. 3206) is amended—

17 (1) by striking ‘‘411’’ and inserting ‘‘412’’; and

18 (2) by striking ‘‘410’’ and inserting ‘‘411’’.

Passed the Senate October 6 (legislative day, September 12), 1994.

Attest: MARTHA S. POPE,

Secretary.

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