[Congressional Bills 103th Congress]
[From the U.S. Government Printing 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.
S 2075 ES----2
S 2075 ES----3
S 2075 ES----4
S 2075 ES----5