II

103D CONGRESS

2D SESSION S. 2075

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

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,

3 SECTION 1. REAUTHORIZATION AND IMPROVEMENT OF IN4 DIAN CHILD PROTECTION AND VIOLENCE

5 PREVENTION PROGRAMS.

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

7 Protection and Family Violence Prevention Act (title IV

8 of Public Law 101–630; 25 U.S.C. 3201 et seq.) is amend9 ed—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (17);

3 (2) by striking the period at the end of para4 graph (18) and inserting in lieu thereof ‘‘; and’’; and

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

6 paragraph:

7 ‘‘(19) ‘Director’ means the Director of the In8 dian Health Service of the Department of Health

9 and Human Services.’’.

10 (b) PROVISION OF RECORDS AND INFORMATION TO

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

12 amended by inserting after the first sentence the follow13 ing: ‘‘Federal law enforcement agencies that investigate

14 incidents of child abuse in Indian country shall provide

15 information and records to Indian tribes requiring such

16 information and records in order to fulfill the duties of

17 such tribes under this Act.’’.

18 (c) ISSUANCE OF MINIMUM CHARACTER STAND19 ARDS.—Not later than 1 year after the date of the enact20 ment of this Act, the Secretary of the Interior and the

21 Secretary of Health and Human Services shall—

22 (1) publish in the Federal Register regulations

23 containing the minimum standards of character that

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

25 Child Protection and Family Violence Prevention
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1 Act (title IV of Public Law 101–630; 25 U.S.C.

2 3207(a)(3)); and

3 (2) provide a copy of the regulations containing

4 such minimum standards to each Indian tribe.

5 (d) INDIAN CHILD ABUSE TREATMENT GRANT PRO6 GRAM.—

7 (1) ADMINISTRATIVE RESPONSIBILITY.—Sub8 section (a) of section 409 of such Act (25 U.S.C.

9 3208) is amended by striking ‘‘and in cooperation

10 with the Bureau’’.

11 (2) ELIMINATION OF MAXIMUM GRANT

12 AMOUNT.—Such section is further amended—

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

14 (B) by redesignating subsections (d) and

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

16 (3) EXTENSION OF AUTHORIZATION OF APPRO17 PRIATIONS.—Subsection (d) of such section, as re18 designated by paragraph (2)(B), is amended by

19 striking ‘‘the fiscal years 1992, 1993, 1994, and

20 1995’’ and inserting in lieu thereof ‘‘fiscal years

21 1995 through 2005’’.

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

23 such section, as so redesignated, is further amended

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

25 ‘‘AUTHORIZATION OF APPROPRIATIONS.—There is’’.
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1 (e) INDIAN CHILD RESOURCE AND FAMILY SERVICES

2 CENTERS.—

3 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec4 tion 410 of such Act (25 U.S.C. 3209) is amend5 ed—

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

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

8 Director’’;

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

10 Secretary and the Secretary of Health and

11 Human Services shall’’ and inserting in lieu

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

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

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

15 policies’’; and

16 (D) in subsection (f)—

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

19 Human Services,’’ and inserting in lieu

20 thereof ‘‘The Secretary and the Director’’;

21 and

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

23 second sentence and inserting in lieu there24 of ‘‘the Director’’.
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1 (2) CENTER SERVICE AREAS.—Subsection (a)

2 of such sections is further amended by striking

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

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

5 (3) CENTER ADVISORY BOARDS.—Such section

6 is further amended—

7 (A) in subsection (f)—

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

9 Bureau’’ in the second sentence and insert10 ing in lieu thereof ‘‘a service unit of the

11 Service’’; and

12 (ii) by adding at the end the following

13 new sentence: ‘‘The advisory board shall

14 provide such assistance in accordance with

15 the provisions of the Memorandum of

16 Agreement, if any, entered into under sub17 section (b) of this section.’’; and

18 (B) in the second sentence of subsection

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

20 and inserting in lieu thereof ‘‘a service unit of

21 the Service’’.

22 (4) EXTENSION OF AUTHORIZATION OF APPRO23 PRIATIONS.—Subsection (h) of such section is

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

2 years 1995 through 2005’’.

3 (5) TRANSFER OF FUNDS.—Notwithstanding

4 any other provision of law, the Secretary of the Inte5 rior shall transfer any funds available to the Depart6 ment of the Interior on the date of the enactment

7 of this Act for the purposes of carrying out the func8 tions of the Indian Child Resource and Family Serv9 ices Centers to the Secretary of Health and Human

10 Services for the purposes of carrying out such func11 tions.

12 (f) INDIAN CHILD PROTECTION AND FAMILY VIO13 LENCE PREVENTION.—

14 (1) ADMINISTRATIVE RESPONSIBILITY.—Sec15 tion 411 of such Act is amended—

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

17 appears and inserting in lieu thereof ‘‘Direc18 tor’’; and

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

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

21 Service’’.

22 (2) EXTENSION OF AUTHORIZATION OF APPRO23 PRIATIONS.—Subsection (i) of such section is

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

2 years 1995 through 2005’’.

3 (3) TRANSFER OF FUNDS.—Notwithstanding

4 any other provision of law, the Secretary of the Inte5 rior shall transfer any funds available to the Depart6 ment of the Interior on the date of the enactment

7 of this Act for the purposes of carrying out the In8 dian Child Protection and Family Violence Preven9 tion Program to the Secretary of Health and

10 Human Services for the purposes of carrying out

11 such program.

12 (g) RESPONSIBILITY FOR ANNUAL REPORT.—Sec13 tion 412 of such Act is amended by striking ‘‘Secretary’’

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

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