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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2075 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2075

_______________________________________________________________________

                                 AN ACT

To amend the Indian Child Protection and Family Violence Prevention Act 
           to reauthorize and improve programs under the Act.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2075

_______________________________________________________________________

                                 AN ACT

 
To amend the Indian Child Protection and Family Violence Prevention Act 
           to reauthorize and improve programs under the Act.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Indian Child 
Protection and Family Violence Prevention Act Amendments of 1994''.
    (b) References.--Whenever in this Act an amendment is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a provision of the 
Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 
3201 et seq.).

SEC. 2. FINDINGS AND PURPOSE.

    Section 402(1) (25 U.S.C. 3201(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (F); and
            (2) by adding at the end the following new subparagraph:
                    ``(G) it is necessary to address the scope of 
                family violence in order to break the cycle of 
                intrafamily child abuse and neglect; and''.

SEC. 3. REAUTHORIZATION AND IMPROVEMENT OF INDIAN CHILD PROTECTION AND 
              VIOLENCE PREVENTION PROGRAMS.

    (a) Definition.--Section 403 (25 U.S.C. 3202) is amended--
            (1) by striking ``and'' at the end of paragraph (17);
            (2) by striking the period at the end of paragraph (18) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(19) `Director' means the Director of the Indian Health 
        Service of the Department of Health and Human Services.''.
    (b) Central Register.--Section 405 (25 U.S.C. 3204) is amended--
            (1) in subsection (c), by striking ``, together with 
        recommendations and draft legislation to implement such 
        regulations,''; and
            (2) by adding at the end the following new subsections:
    ``(d) If the Secretary establishes in the Bureau of Indian Affairs 
a Central Register described in the study conducted under this section, 
the Central Register shall, if feasible, be connected to existing 
tribal, Federal, or State central registries.
    ``(e)(1) The Secretary of the Interior may establish a grant 
program to award grants to Indian tribes that submit an application 
that is approved by the Secretary to establish, operate, and maintain a 
central registry system for the tribe that contains information 
regarding child abuse with respect to the tribe.
    ``(2) An application submitted under paragraph (1) shall--
            ``(A) be in such form as the Secretary may prescribe; and
            ``(B) specify the nature of the central registry proposed 
        by the applicant.
    ``(3) Each tribe that receives a grant under paragraph (1) shall 
furnish the Secretary with such information as the Secretary may 
require to evaluate the implementation of the central registry and 
ensure that the grant funds are expended for the purpose for which the 
grant was made.
    ``(4) There are authorized to be appropriated to the Department of 
the Interior such sums as may be necessary to carry out this 
subsection.''.
    (c) Provision of Records and Information to Tribes.--Section 406 
(25 U.S.C. 3205) is amended--
            (1) in the first sentence, by striking ``may'' and 
        inserting ``shall'';
            (2) by inserting after the first sentence, the following 
        new sentence: ``Federal law enforcement agencies that 
        investigate incidents of child abuse in Indian country shall 
        provide information and records to Indian tribal law 
        enforcement agencies requiring such information and records in 
        order to fulfill the duties of such tribes under this Act.''; 
        and
            (3) in the last sentence--
                    (A) by striking ``governments'' and inserting 
                ``agencies''; and
                    (B) by striking ``entities'' and inserting 
                ``agencies''.
    (d) Medical Examinations in Connection With Child Abuse Reports.--
Section 407 (25 U.S.C. 3206) is amended by adding at the end the 
following new subsection:
    ``(e) Medical Examinations in Connection With Child Abuse 
Reports.--
            ``(1) In general.--As soon as practicable after the date of 
        enactment of this subsection, the Secretary, acting through the 
        Service, shall develop and publish suggested guidelines for 
        physicians employed by the Service concerning the appropriate 
        use of a medical examination in an investigation of a report of 
        child abuse in Indian country.
            ``(2) Content of guidelines.--The guidelines developed by 
        the Secretary shall provide for protocols that--
                    ``(A) ensure against unnecessary and intrusive 
                medical examinations; and
                    ``(B) provide guidance for physicians in treating 
                children who are subject to child abuse in Indian 
                country.''.
    (e) Character.--
            (1) Character investigations.--Section 408 (25 U.S.C. 3207) 
        is amended--
                    (A) in subsection (a)(3), by inserting ``with the 
                participation of Indian tribes,'' before ``prescribe 
                regulations'';
                    (B) in subsection (c)(1), by inserting ``including, 
                at a minimum, an inquiry into the previous employment, 
                residential, and academic history of the individual who 
                is employed or being considered for employment'' after 
                ``Indian children''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 1995 through 2005.''.
            (2) Issuance of minimum character standards.--Not later 
        than 1 year after the date of enactment of this Act, the 
        Secretary of the Interior and the Secretary of Health and Human 
        Services shall--
                    (A) publish in the Federal Register regulations 
                containing the minimum standards of character that are 
                required under section 408(a)(3) of the Indian Child 
                Protection and Family Violence Prevention Act (25 
                U.S.C. 3207(a)(3)); and
                    (B) provide a copy of the regulations containing 
                such minimum standards to each Indian tribe.
    (f) Indian Child Abuse Treatment Grant Program.--
            (1) Administrative responsibility.--Section 409(a) (25 
        U.S.C. 3208 (a)) is amended--
                    (A) by striking ``and in cooperation with the 
                Bureau''; and
                    (B) by striking ``intertribal'' and inserting 
                ``inter-tribal''.
            (2) Treatment concepts.--Section 409(b) (25 U.S.C. 3208(b)) 
        is amended by adding at the end the following new paragraph:
    ``(3) Nothing in the criteria referred to in paragraph (2) may be 
construed to limit the ability of an Indian tribe or an inter-tribal 
consortium to provide culturally relevant child abuse treatment 
concepts that are consistent with tribal values and customs.''.
            (3) Elimination of maximum grant amount.--Section 409 (25 
        U.S.C. 3208) is amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
            (4) Extension of authorization of appropriations.--
        Subsection (d) of section 409, as redesignated by paragraph 
        (3)(B), is amended by striking ``each of the fiscal years 1992, 
        1993, 1994, and 1995'' and inserting ``each of fiscal years 
        1995 through 2005''.
            (5) Clerical amendment.--Subsection (d) of section 409 (as 
        so redesignated), as amended by paragraph (3), is further 
        amended by striking ``there is hereby'' and inserting the 
        following: ``Authorization of Appropriations.--There are''.
    (g) Indian Family Violence Treatment Grant Program.--The Indian 
Child Protection and Family Violence Prevention Act (25 U.S.C. 3201 et 
seq.) is amended--
            (1) by redesignating sections 410 through 412 as sections 
        411 through 413, respectively; and
            (2) by inserting after section 409 the following new 
        section:

``SEC. 410. INDIAN FAMILY VIOLENCE TREATMENT GRANT PROGRAM.

    ``(a) Establishment of Grant Program.--The Secretary of Health and 
Human Services, acting through the Indian Health Service, shall 
establish a Family Violence Grant Program. Such Program shall provide 
grants to any Indian tribe or inter-tribal consortium that submits an 
application that is approved by the Secretary, for the establishment on 
Indian reservations of treatment programs for Indians who have been 
victims of family violence (including Indians who have been victims of 
elder abuse).
    ``(b) Grant Applications.--
            ``(1) In general.--An Indian tribe or inter-tribal 
        consortium may submit to the Secretary of Health and Human 
        Services an application for a grant under subsection (a).
            ``(2) Application content.--An application submitted under 
        paragraph (1) shall--
                    ``(A) be in such form as the Secretary of Health 
                and Human Services may prescribe; and
                    ``(B) specify--
                            ``(i) the nature of the program that the 
                        applicant proposes to carry out, and the extent 
                        to which family violence (including elder 
                        abuse) will be addressed in the program;
                            ``(ii) the data and information on which 
                        the proposed program is based;
                            ``(iii) the extent to which the proposed 
                        program would use or incorporate existing 
                        services that are available on the Indian 
                        reservation; and
                            ``(iv) the specific treatment concepts to 
                        be used under the program.
    ``(c) Grant Administration and Final Report.--Each recipient of a 
grant made under subsection (a) shall--
            ``(1) furnish the Secretary of Health and Human Services 
        with such information as the Secretary may require to--
                    ``(A) evaluate the program for which the grant is 
                made; and
                    ``(B) ensure that the funds provided under the 
                grant are expended for the purposes for which the grant 
                was made; and
            ``(2) submit to the Secretary of Health and Human Services 
        on the termination of the period of the grant, a final report 
        that shall include such information as such Secretary may 
        require.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Health and Human Services to carry 
out this section $4,000,000 for each of fiscal years 1995 through 
2005.''.
    (h) Indian Child Resource and Family Services Centers.--
            (1) Administrative responsibility.--Section 411 (as 
        redesignated by subsection (g)(1)) is amended--
                    (A) in subsection (a), by striking ``The 
                Secretary'' and inserting ``The Director'';
                    (B) in subsection (b)--
                            (i) by striking ``The Secretary and the 
                        Secretary of Health and Human Services shall'' 
                        and inserting ``The Secretary and the Director 
                        may''; and
                            (ii) by adding at the end the following new 
                        sentence: ``In making a determination whether 
                        to enter into a Memorandum of Agreement with 
                        the Secretary pursuant to this subsection, the 
                        Director shall take into consideration whether 
                        the Indian tribes within an area to be served 
                        by the Director have contracted for social 
                        service programs or rely primarily on the 
                        Bureau for the direct provision of child abuse 
                        and family violence counseling services.'';
                    (C) in subsection (d)(2)--
                            (i) by inserting ``including'' after 
                        ``family violence''; and
                            (ii) by inserting ``and provide incentives 
                        for Indians pursuing college degrees in social 
                        work'' after ``trainees'';
                    (D) in subsection (d)(5), by inserting ``in 
                consultation with the appropriate official of the 
                Bureau,'' before ``develop policies'';
                    (E) in subsection (e), by adding at the end the 
                following new flush sentence:
``In each area served by a school of the Bureau, an employee of the 
Office of Indian Education shall serve on the multidisciplinary team 
established for the area pursuant to this section.'';
                    (F) in subsection (f)--
                            (i) by striking ``The Secretary, in 
                        consultation with the Secretary of Health and 
                        Human Services, shall establish,'' and 
                        inserting ``The Director, or the Director and 
                        the Secretary (acting jointly in accordance 
                        with any Memorandum of Agreement entered into 
                        under subsection (b)), shall establish,''; and
                            (ii) by striking ``the Secretary'' in the 
                        second sentence and inserting ``the Director''; 
                        and
                    (G) in the second sentence of subsection (g), by 
                inserting ``pursuant to such Act'' after ``contract''.
            (2) Center service areas.--Subsection (a) of section 411 
        (as redesignated by subsection (g)(1), and as amended by 
        paragraph (1)(A)) is further amended by striking ``each area 
        office of the Bureau'' and inserting ``each area of the 
        Service''.
            (3) Center advisory boards.--Section 411 (as redesignated 
        by subsection (g)(1), and as amended by paragraph (1)) is 
        further amended--
                    (A) in subsection (f)--
                            (i) by striking ``an area office of the 
                        Bureau'' in the second sentence and inserting 
                        ``an area of the Service''; and
                            (ii) by adding at the end the following new 
                        sentence: ``The advisory board shall provide 
                        such assistance in accordance with the 
                        provisions of the Memorandum of Agreement, if 
                        any, entered into under subsection (b) of this 
                        section.''; and
                    (B) in the second sentence of subsection (g), by 
                striking ``an area office of the Bureau'' and inserting 
                ``an area of the Service''.
            (4) Extension of authorization of appropriations.--
        Subsection (h) of section 411 (as redesignated by subsection 
        (g)(1)) is amended by striking ``each of the fiscal years 1992, 
        1993, 1994, and 1995'' and inserting ``each of fiscal years 
        1995 through 2005''.
            (5) Transfer of funds.--Notwithstanding any other provision 
        of law, the Secretary of the Interior shall transfer any funds 
        available to the Department of the Interior on the date of the 
        enactment of this Act for the purposes of carrying out the 
        functions of the Indian Child Resource and Family Services 
        Centers to the Secretary of Health and Human Services for the 
        purposes of carrying out such functions.
    (i) Indian Child Protection and Family Violence Prevention.--
            (1) Administrative responsibility.--Section 412 (as 
        redesignated by subsection (g)(1)) is amended--
                    (A) by striking ``Secretary'' each place it appears 
                and inserting ``Director''; and
                    (B) in subsection (a), by striking ``the Bureau'' 
                and inserting in lieu thereof ``the Service''.
            (2) Extension of authorization of appropriations.--
        Subsection (i) of section 412 (as redesignated by subsection 
        (g)(1)) is amended by striking ``each of the fiscal years 1992, 
        1993, 1994, and 1995'' and inserting ``each of fiscal years 
        1995 through 2005''.
            (3) Miscellaneous amendments.--Section 412 (as redesignated 
        by subsection (g)(1), and as amended by paragraph (1)) is 
        further amended--
                    (A) in subsection (b), by striking ``Indian Self-
                Determination Act'' and inserting ``Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.)'';
                    (B) in subsection (d)(3)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and family violence'' after 
                        ``multidisciplinary child abuse'';
                            (ii) in subparagraph (A), by inserting 
                        ``and family violence'' after ``child abuse''; 
                        and
                            (iii) in subparagraph (B)--
                                    (I) by inserting ``and family 
                                violence'' after ``child abuse''; and
                                    (II) by striking ``child victim'' 
                                and inserting ``victim'';
                    (C) in subsection (d)(4), by inserting ``and family 
                violence'' after ``child protection'';
                    (D) by striking ``(f) Secretarial Regulations; Base 
                Support Funding.--'' and inserting the following:
    ``(e) Competitive Grants.--''; and
                    (E) in subsection (e) (as so redesignated)--
                            (i) in paragraph (1), by striking ``, and 
                        promulgate by regulations, a formula which 
                        establishes base support funding'' and 
                        inserting ``a competitive grant program'';
                            (ii) by striking paragraph (2), and 
                        inserting the following new paragraph:
            ``(2)(A) In awarding each competitive grant for a program 
        referred to in paragraph (1), the Director shall consider--
                    ``(i) with respect to the applicant, and among 
                other criteria, the degree of need, preexisting 
                resources; and
                    ``(ii) if feasible, the potential of the grant in 
                facilitating the development on a regional level of 
                intertribal cooperative programs.
            ``(B) In developing regulations for the competitive grant 
        program established under this subsection, the Secretary of 
        Health and Human Services, acting through the Director, shall 
        develop, in consultation with Indian tribes, appropriate 
        caseload standards and staffing requirements that account for 
        the resources and needs of Indian tribes and tribal 
        organizations. '';
                            (iii) in paragraph (3)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking 
                                ``development of the base support 
                                funding formula'' and inserting ``in 
                                awarding grants under this 
                                subsection''; and
                                    (II) in subparagraph (A), by 
                                inserting before the semicolon the 
                                following: ``, including any projected 
                                regional development of intertribal 
                                programs, if feasible''; and
                            (iv) in paragraph (4), by striking 
                        ``formula established'' and inserting ``grants 
                        awarded''.
            (4) Transfer of funds.--Notwithstanding any other provision 
        of law, the Secretary of the Interior shall transfer any funds 
        available to the Department of the Interior, on the date of the 
        enactment of this Act for the purposes of carrying out the 
        Indian Child Protection and Family Violence Prevention Program 
        established under section 412 of the Indian Child Protection 
        and Family Violence Prevention Act (as redesignated by 
        subsection (g)(1)), to the Secretary of Health and Human 
        Services for the purposes of carrying out such program.
    (j) Responsibility for Annual Report.--Section 413 (as redesignated 
by subsection (g)(1)) is amended by striking ``Secretary'' and 
inserting ``Director''.
    (k) Conforming Amendments.--Section 407(c) (25 U.S.C. 3206) is 
amended--
            (1) by striking ``411'' and inserting ``412''; and
            (2) by striking ``410'' and inserting ``411''.

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

            Attest:

                                                             Secretary.

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