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







108th CONGRESS
  1st Session
                                S. 1601

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2003

  Mr. Campbell (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 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 2003''.

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 subjected 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. CENTRAL REGISTRY.

    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 IMPLEMENTATION.

    ``(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 180 days 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) recommendations 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 
                criminal history repositories.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting after ``who is'' 
                the following: ``a volunteer or contractor or is''; and
                    (B) in paragraph (2), by striking ``employ'' and 
                inserting ``contract with, accept, or employ''.

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.''.
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