[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 2075 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION AND IMPROVEMENT OF INDIAN CHILD PROTECTION
AND VIOLENCE PREVENTION PROGRAMS.
(a) Definition.--Section 403 of the Indian Child Protection and
Family Violence Prevention Act (title IV of Public Law 101-630; 25
U.S.C. 3201 et seq.) 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 in lieu thereof ``; 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) Provision of Records and Information to Tribes.--Section 406 of
such Act (25 U.S.C. 3205) is amended by inserting after the first
sentence the following: ``Federal law enforcement agencies that
investigate incidents of child abuse in Indian country shall provide
information and records to Indian tribes requiring such information and
records in order to fulfill the duties of such tribes under this
Act.''.
(c) Issuance of Minimum Character Standards.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Health and Human Services shall--
(1) 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 (title IV of Public Law 101-630; 25
U.S.C. 3207(a)(3)); and
(2) provide a copy of the regulations containing such
minimum standards to each Indian tribe.
(d) Indian Child Abuse Treatment Grant Program.--
(1) Administrative responsibility.--Subsection (a) of
section 409 of such Act (25 U.S.C. 3208) is amended by striking
``and in cooperation with the Bureau''.
(2) Elimination of maximum grant amount.--Such section is
further amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(3) Extension of authorization of appropriations.--
Subsection (d) of such section, as redesignated by paragraph
(2)(B), is amended by striking ``the fiscal years 1992, 1993,
1994, and 1995'' and inserting in lieu thereof ``fiscal years
1995 through 2005''.
(4) Clerical amendment.--Subsection (d) of such section, as
so redesignated, is further amended by striking ``there is''
and inserting in lieu thereof ``Authorization of
Appropriations.--There is''.
(e) Indian Child Resource and Family Services Centers.--
(1) Administrative responsibility.--Section 410 of such Act
(25 U.S.C. 3209) is amended--
(A) in subsection (a), by striking ``The
Secretary'' and inserting in lieu thereof ``The
Director'';
(B) in subsection (b), by striking ``The Secretary
and the Secretary of Health and Human Services shall''
and inserting in lieu thereof ``The Secretary and the
Director may'';
(C) in subsection (d)(5), by inserting ``in
consultation with the Bureau,'' before ``develop
policies''; and
(D) in subsection (f)--
(i) by striking ``The Secretary, in
consultation with the Secretary of Health and
Human Services,'' and inserting in lieu thereof
``The Secretary and the Director''; and
(ii) by striking ``the Secretary'' in the
second sentence and inserting in lieu thereof
``the Director''.
(2) Center service areas.--Subsection (a) of such sections
is further amended by striking ``each area office of the
Bureau'' and inserting in lieu thereof ``each service unit of
the Service''.
(3) Center advisory boards.--Such section is further
amended--
(A) in subsection (f)--
(i) by striking ``an area office of the
Bureau'' in the second sentence and inserting
in lieu thereof ``a service unit 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
in lieu thereof ``a service unit of the Service''.
(4) Extension of authorization of appropriations.--
Subsection (h) of such section is amended by striking ``the
fiscal years 1992, 1993, 1994, and 1995'' and inserting in lieu
thereof ``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.
(f) Indian Child Protection and Family Violence Prevention.--
(1) Administrative responsibility.--Section 411 of such Act
is amended--
(A) by striking ``Secretary'' each place it appears
and inserting in lieu thereof ``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 such section is amended by striking ``the
fiscal years 1992, 1993, 1994, and 1995'' and inserting in lieu
thereof ``fiscal years 1995 through 2005''.
(3) 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
to the Secretary of Health and Human Services for the purposes
of carrying out such program.
(g) Responsibility for Annual Report.--Section 412 of such Act is
amended by striking ``Secretary'' and inserting in lieu thereof
``Director''.
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