[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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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