[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1601 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 1601

_______________________________________________________________________

                                 AN ACT


 
To amend the Indian Child Protection and Family Violence Prevention Act 
 to provide for the reporting and reduction of child abuse and family 
  violence incidences on Indian reservations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Child Protection and Family 
Violence Prevention Reauthorization Act of 2004''.

SEC. 2. FINDINGS AND PURPOSE.

    Section 402 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3201) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) finds that--
                    ``(A) Indian children are the most precious 
                resource of Indian tribes and need special protection 
                by the United States;
                    ``(B) the number of reported incidences of child 
                abuse on Indian reservations continues to rise at an 
                alarming rate, but the reduction of such incidences is 
                hindered by the lack of--
                            ``(i) community awareness in identification 
                        and reporting methods;
                            ``(ii) interagency coordination for 
                        reporting, investigating, and prosecuting; and
                            ``(iii) tribal infrastructure for managing, 
                        preventing, and treating child abuse cases;
                    ``(C) improvements are needed to combat the 
                continuing child abuse on Indian reservations, 
                including--
                            ``(i) education to identify symptoms 
                        consistent with child abuse;
                            ``(ii) extensive background investigations 
                        of Federal and tribal employees, volunteers, 
                        and contractors who care for, teach, or 
                        otherwise have regular contact with Indian 
                        children;
                            ``(iii) strategies to ensure the safety of 
                        child protection workers; and
                            ``(iv) support systems for the victims of 
                        child abuse and their families; and
                    ``(D) funds spent by the United States on Indian 
                reservations for the benefit of Indian victims of child 
                abuse or family violence are inadequate to combat child 
                abuse and to meet the growing needs for mental health 
                treatment and counseling for those victims and their 
                families.'';
                    (B) in paragraph (2)--
                            (i) by striking ``two'' and inserting 
                        ``the'';
                            (ii) in subparagraph (B)--
                                    (I) by inserting after ``provide 
                                funds for'' the following: ``developing 
                                a comprehensive tribal child abuse and 
                                family violence program including 
                                training and technical assistance for 
                                identifying, addressing, and decreasing 
                                such incidents and for''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(C) implement strategies to increase the safety 
                of child protection workers;
                    ``(D) assist tribes in developing the necessary 
                infrastructure to combat and reduce child abuse on 
                Indian reservations; and
                    ``(E) identify and remove impediments to the 
                prevention and reduction of child abuse on Indian 
                reservations, including elimination of existing 
                barriers, such as difficulties in sharing information 
                among agencies and differences between the values and 
                treatment protocols of the different agencies.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``prevent further 
                abuse'' and inserting ``prevent and prosecute child 
                abuse'';
                    (B) in paragraph (2), by striking ``authorize a 
                study to determine the need for a central registry for 
                reported incidents of abuse'' and inserting ``build 
                tribal infrastructure needed to maintain and coordinate 
                databases'';
                    (C) by striking paragraph (3);
                    (D) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (3), (4), (5), and (6), respectively;
                    (E) in paragraph (3) (as redesignated by 
                subparagraph (D)), by striking ``sexual'';
                    (F) in paragraph (5) (as redesignated by 
                subparagraph (D)), by striking ``Area'' and inserting 
                ``Regional'';
                    (G) in paragraph (6) (as redesignated by 
                subparagraph (D))--
                            (i) by inserting ``child abuse and'' after 
                        ``incidents of''; and
                            (ii) by inserting ``through tribally-
                        operated programs'' after ``family violence'';
                    (H) by inserting after paragraph (6) (as 
                redesignated by subparagraph (D)) the following:
            ``(7) conduct a study to identify the impediments to 
        effective prevention, investigation, prosecution, and treatment 
        of child abuse;''; and
                    (I) by striking paragraph (8) and inserting the 
                following:
            ``(8) develop strategies to protect the safety of the child 
        protection workers while performing responsibilities under this 
        title; and''.

SEC. 3. DEFINITIONS.

    Section 403(3) of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3202(3)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(C) any case in which a child is exposed to 
                family violence;''.

SEC. 4. REPORTING PROCEDURES.

    Section 404(b) of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3203(b)) is amended by adding at the end the 
following:
            ``(3) Cooperative reporting.--If--
                    ``(A) a report of abuse or family violence involves 
                an alleged abuser who is a non-Indian; and
                    ``(B) a preliminary inquiry indicates a criminal 
                violation has occurred;
        the local law enforcement agency (if other than the State law 
        enforcement agency) shall immediately report the occurrence to 
        the State law enforcement agency.''.

SEC. 5. BARRIERS TO REDUCING CHILD ABUSE.

    The Indian Child Protection and Family Violence Prevention Act is 
amended by striking section 405 (25 U.S.C. 3204) and inserting the 
following:

``SEC. 405. BARRIERS TO REDUCING CHILD ABUSE.

    ``(a) In General.--The Secretary, in consultation with the 
Secretary of Health and Human Services and the Attorney General, shall 
conduct a study to identify impediments to the reduction of child abuse 
on Indian reservations.
    ``(b) Matters To Be Evaluated.--In conducting the study under 
subsection (a), the Secretary shall, at a minimum, evaluate the 
interagency and intergovernmental cooperation and jurisdictional 
impediments in investigations and prosecutions.
    ``(c) Report.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this paragraph, the Secretary shall submit to 
        Congress a report that describes the results of the study under 
        subsection (a).
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) any findings made in the study;
                    ``(B) any recommendations that the Secretary 
                considers appropriate on ways to eliminate impediments 
                described in subsection (a); and
                    ``(C) cost estimates for implementing the 
                recommendations.''.

SEC. 6. CHARACTER INVESTIGATIONS.

    Section 408 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``(including 
                contracted and volunteer positions),'' after 
                ``authorized positions''; and
                    (B) in paragraph (3), by striking the period at the 
                end and inserting the following: ``, which--
                    ``(A) shall include a background check, based on a 
                set of fingerprints of the employee, volunteer or 
                contractor that may be conducted through the Federal 
                Bureau of Investigation; and
                    ``(B) may include a review of applicable State and 
                tribal criminal history repositories.''; and
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) by striking ``Each'' and inserting the 
                following:
            ``(1) In general.--Each'';
                    (C) in subparagraph (A) (as redesignated by 
                subparagraph (A)), by inserting after ``who is'' the 
                following: ``a volunteer or contractor or is'';
                    (D) in subparagraph (B) (as redesignated by 
                subparagraph (A)), by striking ``employ'' and inserting 
                ``contract with, accept, or employ''; and
                    (E) by adding at the end the following:
            ``(2) Satisfaction of requirements.--
                    ``(A) Investigations.--An investigation conducted 
                under paragraph (1)(A) shall be considered to satisfy 
                any requirement under any other Federal law for a 
                background check in connection with the placement of an 
                Indian child in a foster or adoptive home, or an 
                institution.
                    ``(B) Licensing or approval.--On certification by 
                an Indian tribe that the Indian tribe is in compliance 
                with paragraph (1), the licensing or approval of 
                guardianships, foster or adoptive homes, or 
                institutions by an Indian tribe in accordance with 
                tribal law shall be considered to be equivalent to 
                licensing or approval by a State for the purposes of 
                any law that authorizes placement in or provides 
                funding for guardianships, foster or adoptive homes, or 
                institutions.''.

SEC. 7. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

    Section 409 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3208) is amended--
            (1) in subsection (a), by striking ``sexual'';
            (2) by redesignating subsection (e) as subsection (f);
            (3) by inserting after subsection (d) the following:
    ``(e) Demonstration Project.--
            ``(1) In general.--The Secretary of Health and Human 
        Services shall establish demonstration projects to facilitate 
        the development of a culturally-sensitive traditional healing 
        treatment program for child abuse and family violence to be 
        operated by an Indian tribe, tribal organization, or inter-
        tribal consortium.
            ``(2) Application.--
                    ``(A) In general.--An Indian tribe, tribal 
                organization, or inter-tribal consortium may submit an 
                application to participate in a demonstration project 
                in such form as the Secretary of Health and Human 
                Services may prescribe.
                    ``(B) Contents.--As part of an application under 
                subparagraph (A), the Secretary of Health and Human 
                Services shall require--
                            ``(i) the information described in 
                        subsection (b)(2)(C);
                            ``(ii) a proposal for development of 
                        educational materials and resources, to the 
                        extent culturally appropriate; and
                            ``(iii) proposed strategies to use and 
                        maintain the integrity of traditional healing 
                        methods.
            ``(3) Considerations.--In selecting the participants in 
        demonstration projects established under this subsection, the 
        Secretary of Health and Human Services shall give special 
        consideration to projects relating to behavioral and emotional 
        effects of child abuse, elimination of abuse by parents, and 
        reunification of the family.''; and
            (4) in subsection (f) (as redesignated by paragraph (2))--
                    (A) by striking ``there'' and inserting ``There''; 
                and
                    (B) by striking ``$10,000,000 for each of the years 
                1992, 1993, 1994, 1995, 1996 and 1997'' and inserting 
                ``such sums as are necessary to carry out this section 
                for each of fiscal years 2005 through 2010, of which a 
                specific sum shall be specifically set aside each year 
                for the demonstration projects established under 
                subsection (e).''.

SEC. 8. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

    Section 410 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3209) is amended--
            (1) in subsection (a) by striking ``area'' and inserting 
        ``Regional'';
            (2) in subsection (b)--
                    (A) by striking ``Secretary and'' and inserting 
                ``Secretary,''; and
                    (B) by striking ``Services'' and inserting 
                ``Services, and the Attorney General'';
            (3) in subsection (d)(5), by striking ``area'' and 
        inserting ``Region'';
            (4) in subsection (f)--
                    (A) in the second sentence, by striking ``an area'' 
                and inserting ``a Regional''; and
                    (B) in the last sentence, by inserting ``developing 
                strategies,'' after ``Center in'';
            (5) in the second sentence of subsection (g)--
                    (A) by striking ``an area'' and inserting ``a 
                Regional''; and
                    (B) by striking ``Juneau Area'' and inserting 
                ``Alaska Region''; and
            (6) in subsection (h), by striking ``$3,000,000 for each of 
        the fiscal years 1992, 1993, 1994, 1995, 1996 and 1997'' and 
        inserting ``such sums as are necessary to carry out this 
        section for each of fiscal years 2005 through 2010''.

SEC. 9. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION PROGRAM.

    Section 411 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3210) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by inserting ``coordination, 
                reporting and'' before ``investigation'';
                    (B) in paragraph (2) by inserting ``child abuse 
                and'' after ``incidents of'';
            (2) in subsection (d)--
                    (A) in paragraph (1)(C), by inserting ``and other 
                related items'' after ``equipment''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (B), by striking ``, 
                        and'' at the end and inserting a semicolon;
                            (ii) in subparagraph (C), by inserting 
                        after ``responsibilities'' the following: ``and 
                        specify appropriate measures for ensuring child 
                        protection worker safety while performing 
                        responsibilities under this title''; and
                            (iii) by adding at the end the following:
                    ``(D) provide for training programs or expenses for 
                child protection services personnel, law enforcement 
                personnel or judicial personnel to meet any 
                certification requirements necessary to fulfill the 
                responsibilities under any intergovernmental or 
                interagency agreement; and
                    ``(E) develop and implement strategies designed to 
                ensure the safety of child protection workers while 
                performing responsibilities under this Act;'';
            (3) in paragraph (6), by striking ``and'' at the end;
            (4) by redesignating paragraph (7) as paragraph (8);
            (5) by inserting after paragraph (6) the following:
            ``(7) infrastructure enhancements to improve tribal data 
        systems to monitor the progress of families, evaluate service 
        and treatment outcomes, and determine the most effective 
        approaches and activities; and''
            (6) by redesignating subsections (f), (g), (h), and (i) as 
        paragraphs (e), (f), (g), and (h), respectively;
            (7) in paragraph (1) of subsection (g) (as redesignated by 
        paragraph (6)), by striking subparagraph (A) and inserting the 
        following:
                    ``(A) evaluate the program for which the award is 
                made, including examination of--
                            ``(i) the range and scope of training 
                        opportunities, including numbers and percentage 
                        of child protection workers engaged in the 
                        training programs;
                            ``(ii) the threats to child protection 
                        workers, if any, and the strategies used to 
                        address the safety of child protection workers; 
                        and
                            ``(iii) the community outreach and 
                        awareness programs including any strategies to 
                        increase the ability of the community to 
                        contact appropriate reporting officials 
                        regarding occurrences of child abuse.''; and
            (8) in subsection (h) (as redesignated by paragraph (6)), 
        by striking ``$30,000,000 for each of fiscal years 1992, 1993, 
        1994, 1995, 1996 and 1997'' and inserting ``such sums as are 
        necessary to carry out this section for each of fiscal years 
        2005 through 2010.''.

SEC. 10. INTEGRATION OF SERVICES.

    The Indian Child Protection and Family Violence Prevention Act (25 
U.S.C. 3201 et seq.) is amended by adding at the end the following:

``SEC. 412. INTEGRATION OF SERVICES.

    ``(a) Demonstration Project.--In cooperation with the Secretary of 
Health and Human Services and Attorney General, the Secretary shall, on 
the receipt of a plan acceptable to the Secretary that is submitted by 
an Indian tribe, tribal organization, or inter-tribal consortium, 
authorize the Indian tribe, tribal organization, or inter-tribal 
consortium to carry out a demonstration project to coordinate, in 
accordance with the plan, its federally funded child abuse-related 
service programs in a manner that integrates the program services into 
a single coordinated, comprehensive program that reduces administrative 
costs by consolidating administrative functions.
    ``(b) Integration of Programs.--
            ``(1) In general.--Subject to paragraph (2), an Indian 
        tribe, tribal organization, or inter-tribal consortium may 
        integrate any program under which the Indian tribe, tribal 
        organization, or inter-tribal consortium is eligible for 
        receipt of funds under a statutory or administrative formula, 
        competitive grant, or any other funding scheme for the purposes 
        of addressing child abuse.
            ``(2) Competitive grant programs.--In the case of a 
        competitive grant program, the consent of the funding agency 
        shall be required for integration of the program under 
        paragraph (1).
    ``(c) Plan Requirements.--A plan under subsection (a) shall--
            ``(1) identify the programs to be integrated;
            ``(2) be consistent with the purposes of this Act;
            ``(3) describe a comprehensive strategy that identifies the 
        full range of existing and potential child abuse and family 
        violence prevention, treatment, and service programs available 
        on or near the service area of the Indian tribe;
            ``(4) describe the manner in which services are to be 
        integrated and delivered and the results expected from the 
        plan;
            ``(5) identify the projected expenditures under the plan in 
        a single budget;
            ``(6) identify the agency or agencies of the tribal 
        government to be involved in the delivery of the services 
        integrated under the plan;
            ``(7) identify any statutory provisions, regulations, 
        policies, or procedures that the tribal government believes 
        need to be waived in order to implement its plan; and
            ``(8) be approved by the governing body of the affected 
        Indian tribe or tribes.
    ``(d) Other Federal Agencies.--
            ``(1) Consultation.--On receipt of the plan from an Indian 
        tribe, tribal organization, or inter-tribal consortium, the 
        Secretary shall consult with--
                    ``(A) the head of each Federal agency providing 
                funds to be used to implement the plan; and
                    ``(B) the Indian tribe, tribal organization, or 
                inter-tribal consortium.
            ``(2) Waiver.--Notwithstanding any other provision of law, 
        the Attorney General or appropriate Secretary shall waive any 
        regulation, policy, or procedure promulgated by the agency 
        identified in the plan, unless the waiver would be inconsistent 
        with this Act or any statutory requirement applicable to the 
        program to be integrated under the plan that is specifically 
        applicable to Indian programs.
    ``(e) Approval or Disapproval.--
            ``(1) Notice.--Not later than 90 days after receipt of the 
        plan, the Secretary shall notify the Indian tribe, tribal 
        organization, or inter-tribal consortium, in writing, of the 
        approval or disapproval of the plan.
            ``(2) Disapproval.--If the plan is disapproved--
                    ``(A) the notice under paragraph (1) shall inform 
                the Indian tribe, tribal organization, or inter-tribal 
                consortium of the reasons for the disapproval; and
                    ``(B) the Indian tribe, tribal organization, or 
                inter-tribal consortium shall be given an opportunity 
                to amend the plan or petition the Secretary to 
                reconsider the disapproval.
    ``(f) Responsibilities of the Department of the Interior.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary, the Secretary of 
        Health and Human Services, and the Attorney General shall enter 
        into a memorandum of agreement providing for the implementation 
        of demonstration projects under this section.
            ``(2) Coordinating agency.--The coordinating agency in 
        carrying out this section shall be the Bureau of Indian 
        Affairs.
            ``(3) Responsibilities.--
                    ``(A) In general.--The responsibilities of the 
                coordinating agency shall include--
                            ``(i) the development of a single report 
                        format which shall be used by the tribe, tribal 
                        organization, or inter-tribal consortium to 
                        report on all the plan activities and 
                        expenditures;
                            ``(ii) the development of a single system 
                        of Federal oversight of demonstration projects, 
                        which shall be implemented by the coordinating 
                        agency; and
                            ``(iii) the provision of, or arrangement 
                        for, technical assistance to an Indian tribe, 
                        tribal organization, or inter-tribal 
                        consortium.
                    ``(B) Requirements.--The report form developed 
                under subparagraph (A)(i) shall require disclosure of 
                such information as the Secretary determines will--
                            ``(i) allow a determination that the Indian 
                        tribe, tribal organization, or inter-tribal 
                        consortium has complied with the requirements 
                        incorporated in the approved plan of the Indian 
                        tribe; and
                            ``(ii) provide assurances to each funding 
                        agency that the Indian tribe, tribal 
                        organization, or inter-tribal consortium has 
                        complied with all applicable statutory 
                        requirements that have not been waived.
    ``(g) No Reduction.--In no case shall the amount of Federal funds 
made available to any tribal government conducting a demonstration 
project be reduced by reason of the conduct of the demonstration 
project.
    ``(h) Transfer of Funds.--The Secretary, Secretary of Health and 
Human Services, or Attorney General, as appropriate, may take such 
action as is necessary to provide for an interagency transfer of funds 
otherwise available to an Indian tribe, tribal organization, or inter-
tribal consortium to carry out this section immediately upon the 
request of the Indian tribe, tribal organization, or inter-tribal 
consortium.
    ``(i) Administration of Funds.--
            ``(1) In general.--The funds of programs that are 
        integrated under this section shall be administered in such a 
        manner as to allow for a determination that funds from specific 
        programs (or an amount equal to the amount attracted from each 
        program) are spent on allowable activities authorized under the 
        program.
            ``(2) Separate records not required.--Nothing in this 
        section requires an Indian tribe, tribal organization, or 
        inter-tribal consortium to--
                    ``(A) maintain separate records tracing any 
                services or activities conducted under an approved plan 
                to the individual programs under which funds were 
                authorized; or
                    ``(B) allocate expenditures among individual 
                programs.
            ``(3) Administrative costs.--
                    ``(A) Commingling.--All administrative costs under 
                an approved plan may be commingled.
                    ``(B) Entitlement to full amount.--An Indian tribe, 
                tribal organization, or inter-tribal consortium shall 
                be entitled to the full amount of funding of 
                administrative costs in accordance with regulations 
                applicable to each program.
                    ``(C) Excess funds.--Any excess of funds available 
                to pay administrative costs, shall not be counted for 
                Federal audit purposes, if the funds are used for the 
                purposes provided for under this title.
    ``(j) Fiscal Accountability.--Nothing in this section diminishes 
the duty of the Secretary to fulfill the responsibility of safeguarding 
Federal funds in accordance with chapter 75 of title 31, United States 
Code.
    ``(k) Report on Statutory Obstacles to Program Integration.--
            ``(1) Preliminary report.--Not later than 3 years after the 
        date of enactment of this section, the Secretary shall submit 
        to Congress a preliminary report on the status of the 
        implementation of the demonstration program under this section.
            ``(2) Final report.--Not later than 6 years after the date 
        of enactment of this section, the Secretary shall submit to 
        Congress a report that--
                    ``(A) describes the results of the implementation 
                of this section; and
                    ``(B) identifies statutory barriers to more 
                effective integration of program services in a manner 
                consistent with this section.''.

SEC. 11. TRIBAL PARTNERSHIPS FOR AWARENESS AND RESPONSES.

    (a) In General.--Section 2001 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by 
adding at the end the following:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award grants to 
        tribal domestic violence and sexual assault coalitions for 
        purposes of--
                    ``(A) increasing awareness of domestic violence and 
                sexual assault against Indian women;
                    ``(B) enhancing the response to violence against 
                Indian women at the Federal, State, and tribal levels; 
                and
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                Indian women victimized by domestic and sexual 
                violence.
            ``(2) Grants to tribal coalitions.--The Attorney General 
        shall award grants under paragraph (1) to--
                    ``(A) established nonprofit, nongovernmental tribal 
                coalitions that address domestic violence and sexual 
                assault against Indian women; and
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against Indian women.
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by a tribal domestic violence and sexual 
        assault coalition shall not preclude the coalition from 
        receiving additional grants under this title to carry out the 
        purposes described in subsection (b).''.
    (b) Funding.--Section 2007(b) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1(b)) is amended by striking 
paragraph (4) and inserting the following:
            ``(4) 1/54 shall be available for grants under section 
        2001(d);''.

            Passed the Senate September 29, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 1601

_______________________________________________________________________

                                 AN ACT

To amend the Indian Child Protection and Family Violence Prevention Act 
 to provide for the reporting and reduction of child abuse and family 
  violence incidences on Indian reservations, and for other purposes.