[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''. <all>