[Congressional Record Volume 150, Number 120 (Wednesday, September 29, 2004)]
[Senate]
[Pages S9989-S9993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT OF 2003

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 438, S. 1601.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Indian Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                S. 1601

       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).

[[Page S9990]]

       [``(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.''.]

     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

[[Page S9991]]

       (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);

[[Page S9992]]

       (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.

[[Page S9993]]

       ``(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);''.

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the 
committee-reported substitute be agreed to, the bill, as amended, be 
read the third time and passed, the motion to reconsider be laid upon 
the table, en bloc, and any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1601), as amended, was passed.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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