Calendar No. 707

103D CONGRESS

2D SESSION S. 2075

[Report No. 103–394]

A BILL

To amend the Indian Child Protection and Family

O

prove programs under the Act.Violence Prevention Act to reauthorize and imCTOBER 3 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment
II

Calendar No. 707

103D CONGRESS

2D SESSION S. 2075

[Report No. 103–394]

To amend the Indian Child Protection and Family Violence Prevention Act

to reauthorize and improve programs under the Act.

IN THE SENATE OF THE UNITED STATES

MAY 4 (legislative day, MAY 2), 1994

Mr. MCCAIN (for himself and Mr. INOUYE) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

OCTOBER 3 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. INOUYE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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,
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1 SECTION 1. REAUTHORIZATION AND IMPROVEMENT OF IN2 DIAN CHILD PROTECTION AND VIOLENCE

3 PREVENTION PROGRAMS.

4 (a) DEFINITION.—Section 403 of the Indian Child

5 Protection and Family Violence Prevention Act (title IV

6 of Public Law 101–630; 25 U.S.C. 3201 et seq.) is amend7 ed—

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

9 (17);

10 (2) by striking the period at the end of para11 graph (18) and inserting in lieu thereof ‘‘; and’’; and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(19) ‘Director’ means the Director of the In15 dian Health Service of the Department of Health

16 and Human Services.’’.

17 (b) PROVISION OF RECORDS AND INFORMATION TO

18 TRIBES.—Section 406 of such Act (25 U.S.C. 3205) is

19 amended by inserting after the first sentence the follow20 ing: ‘‘Federal law enforcement agencies that investigate

21 incidents of child abuse in Indian country shall provide

22 information and records to Indian tribes requiring such

23 information and records in order to fulfill the duties of

24 such tribes under this Act.’’.

25 (c) ISSUANCE OF MINIMUM CHARACTER STAND26 ARDS.—Not later than 1 year after the date of the enact-
3

•S 2075 RS

1 ment of this Act, the Secretary of the Interior and the

2 Secretary of Health and Human Services shall—

3 (1) publish in the Federal Register regulations

4 containing the minimum standards of character that

5 are required under section 408(a)(3) of the Indian

6 Child Protection and Family Violence Prevention

7 Act (title IV of Public Law 101–630; 25 U.S.C.

8 3207(a)(3)); and

9 (2) provide a copy of the regulations containing

10 such minimum standards to each Indian tribe.

11 (d) INDIAN CHILD ABUSE TREATMENT GRANT PRO12 GRAM.—

13 (1) ADMINISTRATIVE RESPONSIBILITY.—Sub14 section (a) of section 409 of such Act (25 U.S.C.

15 3208) is amended by striking ‘‘and in cooperation

16 with the Bureau’’.

17 (2) ELIMINATION OF MAXIMUM GRANT

18 AMOUNT.—Such section is further amended—

19 (A) by striking subsection (c); and

20 (B) by redesignating subsections (d) and

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

22 (3) EXTENSION OF AUTHORIZATION OF APPRO23 PRIATIONS.—Subsection (d) of such section, as re24 designated by paragraph (2)(B), is amended by

25 striking ‘‘the fiscal years 1992, 1993, 1994, and
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1 1995’’ and inserting in lieu thereof ‘‘fiscal years

2 1995 through 2005’’.

3 (4) CLERICAL AMENDMENT.—Subsection (d) of

4 such section, as so redesignated, is further amended

5 by striking ‘‘there is’’ and inserting in lieu thereof

6 ‘‘AUTHORIZATION OF APPROPRIATIONS.—There is’’.

7 (e) INDIAN CHILD RESOURCE AND FAMILY SERVICES

8 CENTERS.—

9 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec10 tion 410 of such Act (25 U.S.C. 3209) is amend11 ed—

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

13 Secretary’’ and inserting in lieu thereof ‘‘The

14 Director’’;

15 (B) in subsection (b), by striking ‘‘The

16 Secretary and the Secretary of Health and

17 Human Services shall’’ and inserting in lieu

18 thereof ‘‘The Secretary and the Director may’’;

19 (C) in subsection (d)(5), by inserting ‘‘in

20 consultation with the Bureau,’’ before ‘‘develop

21 policies’’; and

22 (D) in subsection (f)—

23 (i) by striking ‘‘The Secretary, in con24 sultation with the Secretary of Health and

25 Human Services,’’ and inserting in lieu
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1 thereof ‘‘The Secretary and the Director’’;

2 and

3 (ii) by striking ‘‘the Secretary’’ in the

4 second sentence and inserting in lieu there5 of ‘‘the Director’’.

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

7 of such sections is further amended by striking

8 ‘‘each area office of the Bureau’’ and inserting in

9 lieu thereof ‘‘each service unit of the Service’’.

10 (3) CENTER ADVISORY BOARDS.—Such section

11 is further amended—

12 (A) in subsection (f)—

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

14 Bureau’’ in the second sentence and insert15 ing in lieu thereof ‘‘a service unit of the

16 Service’’; and

17 (ii) by adding at the end the following

18 new sentence: ‘‘The advisory board shall

19 provide such assistance in accordance with

20 the provisions of the Memorandum of

21 Agreement, if any, entered into under sub22 section (b) of this section.’’; and

23 (B) in the second sentence of subsection

24 (g), by striking ‘‘an area office of the Bureau’’
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1 and inserting in lieu thereof ‘‘a service unit of

2 the Service’’.

3 (4) EXTENSION OF AUTHORIZATION OF APPRO4 PRIATIONS.—Subsection (h) of such section is

5 amended by striking ‘‘the fiscal years 1992, 1993,

6 1994, and 1995’’ and inserting in lieu thereof ‘‘fiscal

7 years 1995 through 2005’’.

8 (5) TRANSFER OF FUNDS.—Notwithstanding

9 any other provision of law, the Secretary of the Inte10 rior shall transfer any funds available to the Depart11 ment of the Interior on the date of the enactment

12 of this Act for the purposes of carrying out the func13 tions of the Indian Child Resource and Family Serv14 ices Centers to the Secretary of Health and Human

15 Services for the purposes of carrying out such func16 tions.

17 (f) INDIAN CHILD PROTECTION AND FAMILY VIO18 LENCE PREVENTION.—

19 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec20 tion 411 of such Act is amended—

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

22 appears and inserting in lieu thereof ‘‘Direc23 tor’’; and
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1 (B) in subsection (a), by striking ‘‘the

2 Bureau’’ and inserting in lieu thereof ‘‘the

3 Service’’.

4 (2) EXTENSION OF AUTHORIZATION OF APPRO5 PRIATIONS.—Subsection (i) of such section is

6 amended by striking ‘‘the fiscal years 1992, 1993,

7 1994, and 1995’’ and inserting in lieu thereof ‘‘fiscal

8 years 1995 through 2005’’.

9 (3) TRANSFER OF FUNDS.—Notwithstanding

10 any other provision of law, the Secretary of the Inte11 rior shall transfer any funds available to the Depart12 ment of the Interior on the date of the enactment

13 of this Act for the purposes of carrying out the In14 dian Child Protection and Family Violence Preven15 tion Program to the Secretary of Health and

16 Human Services for the purposes of carrying out

17 such program.

18 (g) RESPONSIBILITY FOR ANNUAL REPORT.—Sec19 tion 412 of such Act is amended by striking ‘‘Secretary’’

20 and inserting in lieu thereof ‘‘Director’’.

21 SECTION 1. SHORT TITLE; REFERENCES.

22 (a) SHORT TITLE.—This Act may be cited as the ‘‘In23 dian Child Protection and Family Violence Prevention Act

24 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 consid4 ered to be made to a provision of the Indian Child Protec5 tion and Family Violence Prevention Act (25 U.S.C. 3201

6 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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•S 2075 RS

1 (3) by adding at the end the following new para2 graph:

3 ‘‘(19) ‘Director’ means the Director of the Indian

4 Health Service of the Department of Health and

5 Human Services.’’.

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

7 3204) is amended—

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

9 recommendations and draft legislation to implement

10 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 fea16 sible, be connected to existing tribal, Federal, or State

17 central registries.

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

19 grant program to award grants to Indian tribes that submit

20 an application that is approved by the Secretary to estab21 lish, operate, and maintain a central registry system for

22 the tribe that contains information regarding child abuse

23 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 paragraph

6 (1) shall furnish the Secretary with such information as

7 the Secretary may require to evaluate the implementation

8 of the central registry and ensure that the grant funds are

9 expended for the purpose for which the grant was made.

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

11 Department of the Interior such sums as may be necessary

12 to carry out this subsection.’’.

13 (c) PROVISION OF RECORDS AND INFORMATION TO

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

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

16 inserting ‘‘shall’’;

17 (2) by inserting after the first sentence, the fol18 lowing new sentence: ‘‘Federal law enforcement agen19 cies that investigate incidents of child abuse in In20 dian country shall provide information and records to

21 Indian tribal law enforcement agencies requiring such

22 information and records in order to fulfill the duties

23 of such tribes under this Act.’’; and

24 (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) is

7 amended by adding at the end the following new subsection:

8 ‘‘(e) MEDICAL EXAMINATIONS IN CONNECTION WITH

9 CHILD ABUSE REPORTS.—

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

11 the date of enactment of this subsection, the Secretary,

12 acting through the Service, shall develop and publish

13 suggested guidelines for physicians employed by the

14 Service concerning the appropriate use of a medical

15 examination in an investigation of a report of child

16 abuse in Indian country.

17 ‘‘(2) CONTENT OF GUIDELINES.—The guidelines

18 developed by the Secretary shall provide for protocols

19 that—

20 ‘‘(A) ensure against unnecessary and intru21 sive medical examinations; and

22 ‘‘(B) provide guidance for physicians in

23 treating children who are subject to child abuse

24 in Indian country.’’.

25 (e) CHARACTER.—
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1 (1) CHARACTER INVESTIGATIONS.—Section 408

2 (25 U.S.C. 3207) is amended—

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

4 the participation of Indian tribes,’’ before ‘‘pre5 scribe regulations’’;

6 (B) in subsection (c)(1), by inserting ‘‘in7 cluding, at a minimum, an inquiry into the pre8 vious employment, residential, and academic his9 tory of the individual who is employed or being

10 considered for employment’’ after ‘‘Indian chil11 dren’’; and

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

13 subsection:

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

15 are authorized to be appropriated to carry out this section

16 $3,000,000 for each of fiscal years 1995 through 2005.’’.

17 (2) ISSUANCE OF MINIMUM CHARACTER STAND18 ARDS.—Not later than 1 year after the date of enact19 ment of this Act, the Secretary of the Interior and the

20 Secretary of Health and Human Services shall—

21 (A) publish in the Federal Register regula22 tions containing the minimum standards of

23 character that are required under section

24 408(a)(3) of the Indian Child Protection and
13

•S 2075 RS

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

2 3207(a)(3)); and

3 (B) provide a copy of the regulations con4 taining such minimum standards to each Indian

5 tribe.

6 (f) INDIAN CHILD ABUSE TREATMENT GRANT PRO7 GRAM.—

8 (1) ADMINISTRATIVE RESPONSIBILITY.—Section

9 409(a) (25 U.S.C. 3208 (a)) is amended—

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

11 the Bureau’’; and

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

13 ‘‘inter-tribal’’.

14 (2) TREATMENT CONCEPTS.—Section 409(b) (25

15 U.S.C. 3208(b)) is amended by adding at the end the

16 following new paragraph:

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

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

19 or an inter-tribal consortium to provide culturally relevant

20 child abuse treatment concepts that are consistent with trib21 al values and customs.’’.

22 (3) ELIMINATION OF MAXIMUM GRANT

23 AMOUNT.—Section 409 (25 U.S.C. 3208) is amend24 ed—

25 (A) by striking subsection (c); and
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•S 2075 RS

1 (B) by redesignating subsections (d) and (e)

2 as subsections (c) and (d), respectively.

3 (4) EXTENSION OF AUTHORIZATION OF APPRO4 PRIATIONS.—Subsection (d) of section 409, as redesig5 nated by paragraph (3)(B), is amended by striking

6 ‘‘each of the fiscal years 1992, 1993, 1994, and 1995’’

7 and inserting ‘‘each of fiscal years 1995 through

8 2005’’.

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

10 section 409 (as so redesignated), as amended by para11 graph (3), is further amended by striking ‘‘there is

12 hereby’’ and inserting the following: ‘‘AUTHORIZATION

13 OF APPROPRIATIONS.—There are’’.

14 (g) INDIAN FAMILY VIOLENCE TREATMENT GRANT

15 PROGRAM.—The Indian Child Protection and Family Vio16 lence Prevention Act (25 U.S.C. 3201 et seq.) is amended—

17 (1) by redesignating sections 410 through 412 as

18 sections 411 through 413, respectively; and

19 (2) by inserting after section 409 the following

20 new section:

21 ‘‘SEC. 410. INDIAN FAMILY VIOLENCE TREATMENT GRANT

22 PROGRAM.

23 ‘‘(a) ESTABLISHMENT OF GRANT PROGRAM.—The Sec24 retary of Health and Human Services, acting through the

25 Indian Health Service, shall establish a Family Violence
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1 Grant Program. Such Program shall provide grants to any

2 Indian tribe or inter-tribal consortium that submits an ap3 plication that is approved by the Secretary, for the estab4 lishment on Indian reservations of treatment programs for

5 Indians who have been victims of family violence (including

6 Indians who have been victims of elder abuse).

7 ‘‘(b) GRANT APPLICATIONS.—

8 ‘‘(1) IN GENERAL.—An Indian tribe or inter9 tribal consortium may submit to the Secretary of

10 Health and Human Services an application for a

11 grant under subsection (a).

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

13 submitted under paragraph (1) shall—

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

15 Health and Human Services may prescribe; and

16 ‘‘(B) specify—

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

18 applicant proposes to carry out, and the ex19 tent to which family violence (including

20 elder abuse) will be addressed in the pro21 gram;

22 ‘‘(ii) the data and information on

23 which the proposed program is based;

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

25 program would use or incorporate existing
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1 services that are available on the Indian

2 reservation; and

3 ‘‘(iv) the specific treatment concepts to

4 be used under the program.

5 ‘‘(c) GRANT ADMINISTRATION AND FINAL REPORT.—

6 Each recipient of a grant made under subsection (a) shall—

7 ‘‘(1) furnish the Secretary of Health and Human

8 Services with such information as the Secretary may

9 require to—

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

11 grant is made; and

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

13 the grant are expended for the purposes for

14 which the grant was made; and

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

16 Human Services on the termination of the period of

17 the grant, a final report that shall include such infor18 mation as such Secretary may require.

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

20 are authorized to be appropriated to the Department of

21 Health and Human Services to carry out this section

22 $4,000,000 for each of fiscal years 1995 through 2005.’’.

23 (h) INDIAN CHILD RESOURCE AND FAMILY SERVICES

24 CENTERS.—
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1 (1) ADMINISTRATIVE RESPONSIBILITY.—Section

2 411 (as redesignated by subsection (g)(1)) is amend3 ed—

4 (A) in subsection (a), by striking ‘‘The Sec5 retary’’ and inserting ‘‘The Director’’;

6 (B) in subsection (b)—

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

8 Secretary of Health and Human Services

9 shall’’ and inserting ‘‘The Secretary and the

10 Director may’’; and

11 (ii) by adding at the end the following

12 new sentence: ‘‘In making a determination

13 whether to enter into a Memorandum of

14 Agreement with the Secretary pursuant to

15 this subsection, the Director shall take into

16 consideration whether the Indian tribes

17 within an area to be served by the Director

18 have contracted for social service programs

19 or rely primarily on the Bureau for the di20 rect provision of child abuse and family vi21 olence counseling services.’’;

22 (C) in subsection (d)(2)—

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

24 ‘‘family violence’’; and
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1 (ii) by inserting ‘‘and provide incen2 tives for Indians pursuing college degrees in

3 social work’’ after ‘‘trainees’’;

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

5 consultation with the appropriate official of the

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

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

8 the following new flush sentence:

9 ‘‘In each area served by a school of the Bureau, an employee

10 of the Office of Indian Education shall serve on the multi11 disciplinary team established for the area pursuant to this

12 section.’’;

13 (F) in subsection (f)—

14 (i) by striking ‘‘The Secretary, in con15 sultation with the Secretary of Health and

16 Human Services, shall establish,’’ and in17 serting ‘‘The Director, or the Director and

18 the Secretary (acting jointly in accordance

19 with any Memorandum of Agreement en20 tered into under subsection (b)), shall estab21 lish,’’; and

22 (ii) by striking ‘‘the Secretary’’ in the

23 second sentence and inserting ‘‘the Direc24 tor’’; and
19

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1 (G) in the second sentence of subsection (g),

2 by inserting ‘‘pursuant to such Act’’ after ‘‘con3 tract’’.

4 (2) CENTER SERVICE AREAS.—Subsection (a) of

5 section 411 (as redesignated by subsection (g)(1), and

6 as amended by paragraph (1)(A)) is further amended

7 by striking ‘‘each area office of the Bureau’’ and in8 serting ‘‘each area of the Service’’.

9 (3) CENTER ADVISORY BOARDS.—Section 411 (as

10 redesignated by subsection (g)(1), and as amended by

11 paragraph (1)) is further amended—

12 (A) in subsection (f)—

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

14 Bureau’’ in the second sentence and insert15 ing ‘‘an area of the Service’’; and

16 (ii) by adding at the end the following

17 new sentence: ‘‘The advisory board shall

18 provide such assistance in accordance with

19 the provisions of the Memorandum of Agree20 ment, if any, entered into under subsection

21 (b) of this section.’’; and

22 (B) in the second sentence of subsection (g),

23 by striking ‘‘an area office of the Bureau’’ and

24 inserting ‘‘an area of the Service’’.
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1 (4) EXTENSION OF AUTHORIZATION OF APPRO2 PRIATIONS.—Subsection (h) of section 411 (as redesig3 nated by subsection (g)(1)) is amended by striking

4 ‘‘each of the fiscal years 1992, 1993, 1994, and 1995’’

5 and inserting ‘‘each of fiscal years 1995 through

6 2005’’.

7 (5) TRANSFER OF FUNDS.—Notwithstanding any

8 other provision of law, the Secretary of the Interior

9 shall transfer any funds available to the Department

10 of the Interior on the date of the enactment of this Act

11 for the purposes of carrying out the functions of the

12 Indian Child Resource and Family Services Centers

13 to the Secretary of Health and Human Services for

14 the purposes of carrying out such functions.

15 (i) INDIAN CHILD PROTECTION AND FAMILY VIOLENCE

16 PREVENTION.—

17 (1) ADMINISTRATIVE RESPONSIBILITY.—Section

18 412 (as redesignated by subsection (g)(1)) is amend19 ed—

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

21 appears and inserting ‘‘Director’’; and

22 (B) in subsection (a), by striking ‘‘the

23 Bureau’’ and inserting in lieu thereof ‘‘the Serv24 ice’’.
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1 (2) EXTENSION OF AUTHORIZATION OF APPRO2 PRIATIONS.—Subsection (i) of section 412 (as redesig3 nated by subsection (g)(1)) is amended by striking

4 ‘‘each of the fiscal years 1992, 1993, 1994, and 1995’’

5 and inserting ‘‘each of fiscal years 1995 through

6 2005’’.

7 (3) MISCELLANEOUS AMENDMENTS.—Section

8 412 (as redesignated by subsection (g)(1), and as

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

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

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

12 Self-Determination and Education Assistance

13 Act (25 U.S.C. 450 et seq.)’’;

14 (B) in subsection (d)(3)—

15 (i) in the matter preceding subpara16 graph (A), by inserting ‘‘and family vio17 lence’’ after ‘‘multidisciplinary child

18 abuse’’;

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

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

21 and

22 (iii) in subparagraph (B)—

23 (I) by inserting ‘‘and family vio24 lence’’ after ‘‘child abuse’’; and
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1 (II) by striking ‘‘child victim’’

2 and inserting ‘‘victim’’;

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

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

5 (D) by striking ‘‘(f) SECRETARIAL REGULA6 TIONS; BASE SUPPORT FUNDING.—’’ and insert7 ing the following:

8 ‘‘(e) COMPETITIVE GRANTS.—’’; and

9 (E) in subsection (e) (as so redesignated)—

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

11 and promulgate by regulations, a formula

12 which establishes base support funding’’ and

13 inserting ‘‘a competitive grant program’’;

14 (ii) by striking paragraph (2), and in15 serting the following new paragraph:

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

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

18 shall consider—

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

20 among other criteria, the degree of need, preexist21 ing resources; and

22 ‘‘(ii) if feasible, the potential of the grant in

23 facilitating the development on a regional level of

24 intertribal cooperative programs.
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1 ‘‘(B) In developing regulations for the competi2 tive grant program established under this subsection,

3 the Secretary of Health and Human Services, acting

4 through the Director, shall develop, in consultation

5 with Indian tribes, appropriate caseload standards

6 and staffing requirements that account for the re7 sources and needs of Indian tribes and tribal organi8 zations. ’’;

9 (iii) in paragraph (3)—

10 (I) in the matter preceding sub11 paragraph (A), by striking ‘‘develop12 ment of the base support funding for13 mula’’ and inserting ‘‘in awarding

14 grants under this subsection’’; and

15 (II) in subparagraph (A), by in16 serting before the semicolon the follow17 ing: ‘‘, including any projected re18 gional development of intertribal pro19 grams, if feasible’’; and

20 (iv) in paragraph (4), by striking ‘‘for21 mula established’’ and inserting ‘‘grants

22 awarded’’.

23 (4) TRANSFER OF FUNDS.—Notwithstanding any

24 other provision of law, the Secretary of the Interior

25 shall transfer any funds available to the Department
24

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1 of the Interior, on the date of the enactment of this

2 Act for the purposes of carrying out the Indian Child

3 Protection and Family Violence Prevention Program

4 established under section 412 of the Indian Child Pro5 tection and Family Violence Prevention Act (as redes6 ignated by subsection (g)(1)), to the Secretary of

7 Health and Human Services for the purposes of car8 rying out such program.

9 (j) RESPONSIBILITY FOR ANNUAL REPORT.—Section

10 413 (as redesignated by subsection (g)(1)) is amended by

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

12 (k) CONFORMING AMENDMENTS.—Section 407(c) (25

13 U.S.C. 3206) is amended—

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

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

S 2075 RS——2