[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         INDIAN CHILD PROTECTION FAMILY VIOLENCE PREVENTION ACT

  The text of the bill (S. 2075) to amend the Indian Child Protection 
and Family Violence Prevention Act to reauthorize and improve program 
under the Act, as passed by the Senate on October 6, 1994, is as 
follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the ``Indian 
     Child Protection and Family Violence Prevention Act 
     Amendments of 1994''.
       (b) References.--Whenever in this Act an amendment is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a provision of the Indian Child Protection and 
     Family Violence Prevention Act (25 U.S.C. 3201 et seq.).

     SEC. 2. FINDINGS AND PURPOSE.

       Section 402(1) (25 U.S.C. 3201(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (F); and
       (2) by adding at the end the following new subparagraph:
       ``(G) it is necessary to address the scope of family 
     violence in order to break the cycle of intrafamily child 
     abuse and neglect; and''.

     SEC. 3. REAUTHORIZATION AND IMPROVEMENT OF INDIAN CHILD 
                   PROTECTION AND VIOLENCE PREVENTION PROGRAMS.

       (a) Definition.--Section 403 (25 U.S.C. 3202) 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 ``; 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) Central Register.--Section 405 (25 U.S.C. 3204) is 
     amended--
       (1) in subsection (c), by striking ``, together with 
     recommendations and draft legislation to implement such 
     regulations,''; and
       (2) by adding at the end the following new subsections:
       ``(d) If the Secretary establishes in the Bureau of Indian 
     Affairs a Central Register described in the study conducted 
     under this section, the Central Register shall, if feasible, 
     be connected to existing tribal, Federal, or State central 
     registries.
       ``(e)(1) The Secretary of the Interior may establish a 
     grant program to award grants to Indian tribes that submit an 
     application that is approved by the Secretary to establish, 
     operate, and maintain a central registry system for the tribe 
     that contains information regarding child abuse with respect 
     to the tribe.
       ``(2) An application submitted under paragraph (1) shall--
       ``(A) be in such form as the Secretary may prescribe; and
       ``(B) specify the nature of the central registry proposed 
     by the applicant.
       ``(3) Each tribe that receives a grant under paragraph (1) 
     shall furnish the Secretary with such information as the 
     Secretary may require to evaluate the implementation of the 
     central registry and ensure that the grant funds are expended 
     for the purpose for which the grant was made.
       ``(4) There are authorized to be appropriated to the 
     Department of the Interior such sums as may be necessary to 
     carry out this subsection.''.
       (c) Provision of Records and Information to Tribes.--
     Section 406 (25 U.S.C. 3205) is amended--
       (1) in the first sentence, by striking ``may'' and 
     inserting ``shall'';
       (2) by inserting after the first sentence, the following 
     new sentence: ``Federal law enforcement agencies that 
     investigate incidents of child abuse in Indian country shall 
     provide information and records to Indian tribal law 
     enforcement agencies requiring such information and records 
     in order to fulfill the duties of such tribes under this 
     Act.''; and
       (3) in the last sentence--
       (A) by striking ``governments'' and inserting ``agencies''; 
     and
       (B) by striking ``entities'' and inserting ``agencies''.
       (d) Medical Examinations in Connection With Child Abuse 
     Reports.--Section 407 (25 U.S.C. 3206) is amended by adding 
     at the end the following new subsection:
       ``(e) Medical Examinations in Connection With Child Abuse 
     Reports.--
       ``(1) In general.--As soon as practicable after the date of 
     enactment of this subsection, the Secretary, acting through 
     the Service, shall develop and publish suggested guidelines 
     for physicians employed by the Service concerning the 
     appropriate use of a medical examination in an investigation 
     of a report of child abuse in Indian country.
       ``(2) Content of guidelines.--The guidelines developed by 
     the Secretary shall provide for protocols that--
       ``(A) ensure against unnecessary and intrusive medical 
     examinations; and
       ``(B) provide guidance for physicians in treating children 
     who are subject to child abuse in Indian country.''.
       (e) Character.--
       (1) Character investigations.--Section 408 (25 U.S.C. 3207) 
     is amended--
       (A) in subsection (a)(3), by inserting ``with the 
     participation of Indian tribes,'' before ``prescribe 
     regulations'';
       (B) in subsection (c)(1), by inserting ``including, at a 
     minimum, an inquiry into the previous employment, 
     residential, and academic history of the individual who is 
     employed or being considered for employment'' after ``Indian 
     children''; and
       (C) by adding at the end the following new subsection:
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $3,000,000 for each of fiscal years 1995 through 2005.''.
       (2) Issuance of minimum character standards.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Secretary of the Interior and the Secretary of Health and 
     Human Services shall--
       (A) 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 (25 U.S.C. 3207(a)(3)); and
       (B) provide a copy of the regulations containing such 
     minimum standards to each Indian tribe.
       (f) Indian Child Abuse Treatment Grant Program.--
       (1) Administrative responsibility.--Section 409(a) (25 
     U.S.C. 3208 (a)) is amended--
       (A) by striking ``and in cooperation with the Bureau''; and
       (B) by striking ``intertribal'' and inserting ``inter-
     tribal''.
       (2) Treatment concepts.--Section 409(b) (25 U.S.C. 3208(b)) 
     is amended by adding at the end the following new paragraph:
       ``(3) Nothing in the criteria referred to in paragraph (2) 
     may be construed to limit the ability of an Indian tribe or 
     an inter-tribal consortium to provide culturally relevant 
     child abuse treatment concepts that are consistent with 
     tribal values and customs.''.
       (3) Elimination of maximum grant amount.--Section 409 (25 
     U.S.C. 3208) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (4) Extension of authorization of appropriations.--
     Subsection (d) of section 409, as redesignated by paragraph 
     (3)(B), is amended by striking ``each of the fiscal years 
     1992, 1993, 1994, and 1995'' and inserting ``each of fiscal 
     years 1995 through 2005''.
       (5) Clerical amendment.--Subsection (d) of section 409 (as 
     so redesignated), as amended by paragraph (3), is further 
     amended by striking ``there is hereby'' and inserting the 
     following: ``Authorization of Appropriations.--There are''.
       (g) Indian Family Violence Treatment Grant Program.--The 
     Indian Child Protection and Family Violence Prevention Act 
     (25 U.S.C. 3201 et seq.) is amended--
       (1) by redesignating sections 410 through 412 as sections 
     411 through 413, respectively; and
       (2) by inserting after section 409 the following new 
     section:

     ``SEC. 410. INDIAN FAMILY VIOLENCE TREATMENT GRANT PROGRAM.

       ``(a) Establishment of Grant Program.--The Secretary of 
     Health and Human Services, acting through the Indian Health 
     Service, shall establish a Family Violence Grant Program. 
     Such Program shall provide grants to any Indian tribe or 
     inter-tribal consortium that submits an application that is 
     approved by the Secretary, for the establishment on Indian 
     reservations of treatment programs for Indians who have been 
     victims of family violence (including Indians who have been 
     victims of elder abuse).
       ``(b) Grant Applications.--
       ``(1) In general.--An Indian tribe or inter-tribal 
     consortium may submit to the Secretary of Health and Human 
     Services an application for a grant under subsection (a).
       ``(2) Application content.--An application submitted under 
     paragraph (1) shall--
       ``(A) be in such form as the Secretary of Health and Human 
     Services may prescribe; and
       ``(B) specify--
       ``(i) the nature of the program that the applicant proposes 
     to carry out, and the extent to which family violence 
     (including elder abuse) will be addressed in the program;
       ``(ii) the data and information on which the proposed 
     program is based;
       ``(iii) the extent to which the proposed program would use 
     or incorporate existing services that are available on the 
     Indian reservation; and
       ``(iv) the specific treatment concepts to be used under the 
     program.
       ``(c) Grant Administration and Final Report.--Each 
     recipient of a grant made under subsection (a) shall--
       ``(1) furnish the Secretary of Health and Human Services 
     with such information as the Secretary may require to--
       ``(A) evaluate the program for which the grant is made; and
       ``(B) ensure that the funds provided under the grant are 
     expended for the purposes for which the grant was made; and
       ``(2) submit to the Secretary of Health and Human Services 
     on the termination of the period of the grant, a final report 
     that shall include such information as such Secretary may 
     require.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Health and 
     Human Services to carry out this section $4,000,000 for each 
     of fiscal years 1995 through 2005.''.
       (h) Indian Child Resource and Family Services Centers.--
       (1) Administrative responsibility.--Section 411 (as 
     redesignated by subsection (g)(1)) is amended--
       (A) in subsection (a), by striking ``The Secretary'' and 
     inserting ``The Director'';
       (B) in subsection (b)--
       (i) by striking ``The Secretary and the Secretary of Health 
     and Human Services shall'' and inserting ``The Secretary and 
     the Director may''; and
       (ii) by adding at the end the following new sentence: ``In 
     making a determination whether to enter into a Memorandum of 
     Agreement with the Secretary pursuant to this subsection, the 
     Director shall take into consideration whether the Indian 
     tribes within an area to be served by the Director have 
     contracted for social service programs or rely primarily on 
     the Bureau for the direct provision of child abuse and family 
     violence counseling services.'';
       (C) in subsection (d)(2)--
       (i) by inserting ``including'' after ``family violence''; 
     and
       (ii) by inserting ``and provide incentives for Indians 
     pursuing college degrees in social work'' after ``trainees'';
       (D) in subsection (d)(5), by inserting ``in consultation 
     with the appropriate official of the Bureau,'' before 
     ``develop policies'';
       (E) in subsection (e), by adding at the end the following 
     new flush sentence:
     ``In each area served by a school of the Bureau, an employee 
     of the Office of Indian Education shall serve on the 
     multidisciplinary team established for the area pursuant to 
     this section.'';
       (F) in subsection (f)--
       (i) by striking ``The Secretary, in consultation with the 
     Secretary of Health and Human Services, shall establish,'' 
     and inserting ``The Director, or the Director and the 
     Secretary (acting jointly in accordance with any Memorandum 
     of Agreement entered into under subsection (b)), shall 
     establish,''; and
       (ii) by striking ``the Secretary'' in the second sentence 
     and inserting ``the Director''; and
       (G) in the second sentence of subsection (g), by inserting 
     ``pursuant to such Act'' after ``contract''.
       (2) Center service areas.--Subsection (a) of section 411 
     (as redesignated by subsection (g)(1), and as amended by 
     paragraph (1)(A)) is further amended by striking ``each area 
     office of the Bureau'' and inserting ``each area of the 
     Service''.
       (3) Center advisory boards.--Section 411 (as redesignated 
     by subsection (g)(1), and as amended by paragraph (1)) is 
     further amended--
       (A) in subsection (f)--
       (i) by striking ``an area office of the Bureau'' in the 
     second sentence and inserting ``an area 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 ``an area of 
     the Service''.
       (4) Extension of authorization of appropriations.--
     Subsection (h) of section 411 (as redesignated by subsection 
     (g)(1)) is amended by striking ``each of the fiscal years 
     1992, 1993, 1994, and 1995'' and inserting ``each of 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.
       (i) Indian Child Protection and Family Violence 
     Prevention.--
       (1) Administrative responsibility.--Section 412 (as 
     redesignated by subsection (g)(1)) is amended--
       (A) by striking ``Secretary'' each place it appears and 
     inserting ``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 section 412 (as redesignated by subsection 
     (g)(1)) is amended by striking ``each of the fiscal years 
     1992, 1993, 1994, and 1995'' and inserting ``each of fiscal 
     years 1995 through 2005''.
       (3) Miscellaneous amendments.--Section 412 (as redesignated 
     by subsection (g)(1), and as amended by paragraph (1)) is 
     further amended--
       (A) in subsection (b), by striking ``Indian Self-
     Determination Act'' and inserting ``Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.)'';
       (B) in subsection (d)(3)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and family violence'' after ``multidisciplinary child 
     abuse'';
       (ii) in subparagraph (A), by inserting ``and family 
     violence'' after ``child abuse''; and
       (iii) in subparagraph (B)--

       (I) by inserting ``and family violence'' after ``child 
     abuse''; and
       (II) by striking ``child victim'' and inserting ``victim'';

       (C) in subsection (d)(4), by inserting ``and family 
     violence'' after ``child protection'';
       (D) by striking ``(f) Secretarial Regulations; Base Support 
     Funding.--'' and inserting the following:
       ``(e) Competitive Grants.--''; and
       (E) in subsection (e) (as so redesignated)--
       (i) in paragraph (1), by striking ``, and promulgate by 
     regulations, a formula which establishes base support 
     funding'' and inserting ``a competitive grant program'';
       (ii) by striking paragraph (2), and inserting the following 
     new paragraph:
       ``(2)(A) In awarding each competitive grant for a program 
     referred to in paragraph (1), the Director shall consider--
       ``(i) with respect to the applicant, and among other 
     criteria, the degree of need, preexisting resources; and
       ``(ii) if feasible, the potential of the grant in 
     facilitating the development on a regional level of 
     intertribal cooperative programs.
       ``(B) In developing regulations for the competitive grant 
     program established under this subsection, the Secretary of 
     Health and Human Services, acting through the Director, shall 
     develop, in consultation with Indian tribes, appropriate 
     caseload standards and staffing requirements that account for 
     the resources and needs of Indian tribes and tribal 
     organizations. '';
       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``development of the base support funding formula'' and 
     inserting ``in awarding grants under this subsection''; and
       (II) in subparagraph (A), by inserting before the semicolon 
     the following: ``, including any projected regional 
     development of intertribal programs, if feasible''; and

       (iv) in paragraph (4), by striking ``formula established'' 
     and inserting ``grants awarded''.
       (4) 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 established under section 412 of the 
     Indian Child Protection and Family Violence Prevention Act 
     (as redesignated by subsection (g)(1)), to the Secretary of 
     Health and Human Services for the purposes of carrying out 
     such program.
       (j) Responsibility for Annual Report.--Section 413 (as 
     redesignated by subsection (g)(1)) is amended by striking 
     ``Secretary'' and inserting ``Director''.
       (k) Conforming Amendments.--Section 407(c) (25 U.S.C. 3206) 
     is amended--
       (1) by striking ``411'' and inserting ``412''; and
       (2) by striking ``410'' and inserting ``411''.

                          ____________________