[Senate Report 104-53]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 75
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-53
_______________________________________________________________________


 
  TO REAUTHORIZE APPROPRIATIONS FOR CERTAIN PROGRAMS UNDER THE INDIAN 
  CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT, AND FOR OTHER 
                                PURPOSES

                                _______


                 April 18, 1995.--Ordered to be printed

      Filed under authority of the order of the Senate of April 6 
                    (legislative day, April 5), 1995

    Mr. McCain, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 441]
    The Committee on Indian Affairs, to which was referred the 
bill (S. 441) to reauthorize appropriations for certain 
programs under the Indian Child Protection and Family Violence 
Prevention Act, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.
                                Purpose

    The purpose of S. 441, is to reauthorize sections 409, 410, 
and 411 of Public Law 101-630, the Indian Child Protection and 
Family Violence Prevention Act, through fiscal year 1997. 
Currently, the authorization for these and other sections of 
P.L. 101-630 expire in fiscal year 1995.

                               Background

    Public Law 101-630 was enacted on November 28, 1990. The 
Act is intended to address the findings of the Senate Select 
Committee on Indian Affairs and the Special Committee on 
Investigations regarding increasing numbers of federal 
prosecutions of federal, state and tribal employees for crimes 
of child abuse on Indian reservations, and high incidents of 
family violence. The goals of the Act are to identify the scope 
of Indian child abuse and family violence, require the 
reporting of incidents of Indian child abuse, and to provide 
prevention and mental health treatment for child abuse and 
family violence victims on Indian reservations.
    The Act created the first mandatory federal Indian child 
abuse reporting law and prescribes a process to respond to 
child abuse allegations. The process provides confidentiality 
of persons reporting allegations in order to promote the 
reporting of child abuse incidents. In addition, the Act 
prescribes procedures to ensure that federal and tribal 
employees having contact with children are sufficiently 
screened prior to employment. As a further precaution, the BIA 
and IHS are required to compile a list of employee positions 
having contact with children and to conduct individual employee 
background character investigations prior to employment.
    To accomplish the prevention and mental health treatment 
goals of the Act, appropriations of $43,000,000 for each fiscal 
year from 1990 through 1995 are authorized to establish 
prevention and treatment programs within the Bureau of Indian 
Affairs [BIA] and the Indian Health Service [HIS]. Section 409 
authorizes appropriations of $10,000,000 for the IHS, in 
cooperation with the BIA, to establish an Indian Child Abuse 
Treatment Grant Program to provide grants to Indian tribes for 
one-reservation treatment programs. Section 410 authorizes 
appropriations of $3,000,000 for the BIA to establish an Indian 
Child Resource and Family Services Center in each BIA Area 
Office to provide technical assistance, training, and to 
develop recommendations on the reporting of child abuse for 
Indian tribes. The staffing of the Resource Centers is to be 
provided for pursuant to a Memorandum of Agreement between the 
BIA and IHS. Section 411 authorizes appropriations of 
$30,000,000 for the BIA to establish an Indian Child Protection 
and Family Violence Prevention Program to provide financial 
assistance to Indian tribes to establish on-reservation child 
abuse and family violence prevention programs.
    To date, the BIA and IHS have not implemented sections 409, 
410 and 411 of the Act. The implementation of the Act has been 
hampered by the lack of funding for the programs authorized in 
sections 409, 410, and 411. In part, Congress has been 
reluctant to appropriate funds for the Act because the BIA and 
the IHS have failed to promulgate regulations implementing the 
Act. The failure to promulgate regulations in a timely fashion 
and the lack of funds to implement the Act have prevented 
Indians tribes from addressing the growing problems of child 
abuse and family violence on Indian reservations.
    The BIA recently provided the Committee with a report 
prepared in response to a request of the House Appropriations 
Subcommittee on Interior and Related Agencies in the FY'95 
appropriations bill. The house requested that the BIA, in 
coordination with the IHS develop a plant to address the need 
for child abuse prevention and treatment programs. In addition, 
during the Committee's oversight hearing on the President's 
budget request, the BIA testified that it requested $5 million 
for child abuse treatment grants and that draft regulations to 
implement the Act are completed and are awaiting final review.
    In spite of the failure to implement the Act, there remains 
a continuing and substantial need for federal funding to 
implement child abuse and family violence prevention and 
treatment programs on Indian reservations. During the hearing 
on S. 441, and prior Committee hearings on the Act, the BIA, 
the Department of Justice and Tribal witnesses testified that 
reports of child abuse continue to increase. This is due, in 
large part, to the reporting requirements of the Act and the 
special Congressional appropriations provided to six tribal 
communities (Ft. Peck Assiniboine Sioux, Grand Ronde, Hopi, 
Navajo Ramah Navajo School Board and Standing Rock Sioux) to 
address the problem of Indian child abuse. The efforts of these 
and other tribes to increase public awareness about child abuse 
have resulted in increasing reports of Indian child abuse.

                          Other Considerations

    The Committee is concerned that if legislation 
reauthorizing the Indian Child Protection and Family Violence 
Prevention Act is not considered by the Congress prior to the 
completed action of the House and Senate Interior 
Appropriations report the funds requested in the President's FY 
96 Budget request may not be appropriated.
                          Legislative History

    S. 441 was introduced by Senator McCain on January 30, 1995 
and was referred to the Committee on Indian Affairs. Senator 
Domenici was added as a cosponsor on Wednesday, March 22, 1995. 
The Committee held a hearing to receive comments on S. 441 from 
the Administration and several Indian tribes on March 22, 1995.

                        Executive Communications

    The only communications received by the Committee from the 
Executive Branch regarding S. 441 were in the form of testimony 
from the Bureau of Indian Affairs, the Indian Health Service 
and the Department of Justice. Set forth below is the testimony 
of the BIA, IHS, and the DOJ at the March 22, 1995 hearing of 
the Committee on Indian Affairs.
    Statement of Ada E. Deer, Assistant Secretary--Indian Affairs, 
  Department of the Interior, at the Hearing Before the Committee on 
    Indian Affairs, U.S. Senate, on S. 441, a Bill ``To Reauthorize 
 Appropriations for Certain Programs Under the Indian Child Protection 
      and Family Violence Prevention Act, and for Other Purposes''

    Good afternoon, Mr. Chairman and Members of the Committee. 
I am pleased to be here to support the enactment of S. 441, the 
reauthorization of the Indian Child Protection and Family 
Violence Prevention Act (Act), within existing funding 
constraints. I have with me today Ms. Joann Sebastian Morris, 
Acting Director of the Office of Tribal Services, and Mr. 
Theodore Quasula, Chief of the Division of Law Enforcement. 
They will assist me in responding to any technical questions 
the Committee may have.
    Earlier this month we presented testimony which detailed 
the dramatic increase in reporting of child abuse in Indian 
country. The rate of increase is so significant, it bears 
repeating.
    In 1993 the BIA Social Services received 31,901 child abuse 
complaints, an increase of 445% from the statistics brought to 
this Committee during its 1987 child abuse hearings. In 1994, 
the number of complaints dropped to 25,919; however, we believe 
this reduction is due to a decrease in the number of tribes 
reporting to the BIA, not to a decrease in incidents.
    Last year, BIA Criminal Investigators conducted 442 
investigations of cases in which children were victims, 
including sexual contact, incest, sexual sbuse, physical abuse, 
and felony sexual molestation. BIA Social Services received 
notice that State Courts, adjudicting the interests of off-
reservtion Indian children, granted 46 adoptions, terminated 
the rights of 50 Indian parents, and issued 155 notices of 
abuse and neglect.
    I would first like to review activities undertaken by the 
BIA to implement the Indian Child Proection and Family Violence 
Prevention Act. Greater detail is provided in our 1995 Child 
Abuse and Family Violence Prevention Plan which was submitted 
to the Committee March 3.
    This year we plan to publish Proposed regulations 
establishing Minimum Standards of Character and Program 
Guidelines for Tribal Child Protection and Family Violence 
Programs and Distribution of Funds Formula. Tribal review of 
draft regulations and consultation was conducted August 30, 
1994, in Oklahoma City, following which the minimum standards 
of character and the funding formula were redesigned, by tribal 
and BIA personnel. The Solicitor's staff completed its first 
review of the regulations and plans to complete final revisions 
this month. It is our plan that the regulations will undergo 
simultaneous review with BIA and the Department; in addition, 
BIA staff hopes to solicit comments on the draft proposed 
regulations from the participants at the National Indian Family 
Preservation Conference in Phoenix, April 12. Following the 
required OMB clearance, the proposed regulations will be 
published with a 60 day public comment period.
    Currently, BIA background investigations are processed 
through the Office of Personnel Management. BIA's program to 
protect children includes investigating the background of its 
own employees who have regular contact with, or control over, 
Indian children, and assisting tribes in conducting background 
investigations on applicants for employment in these types of 
positions. Eight security officers adjudicate applicants for 
and employees in 7,000 sensitive positions within BIA Office of 
Indian Education Programs, Social Services, and Law 
Enforcement. All persons in positions with regular access to 
children are identified by position title, name, social 
security number, date of birth, entry date, and duty station; 
and are scheduled for reinvestigation every five years.
    As one check on the background of applicants, tribes may 
request FBI criminal history records. While some tribes have 
been successful in accessing state and FBI criminal history 
records, many tribes still have problems. Consequently, 
criminal history checks are not routinely conducted and many 
tribes have requested the BIA provide this service. The FBI has 
requested that BIA process tribal requests as we did for gaming 
tribes before the National Indian Gaming Commission assumed the 
responsibility. We have been working with the FBI and will be 
negotiating an agreement to assure that tribes, through the 
BIA, will have access to FBI fingerprint criminal history 
records. Additional staff will be required to process tribal 
inquiries and the cost will be borne by the BIA. Contract and 
grants funding may be utilized by the tribes to pay the $22 
charge for each inquiry.
    Our proposed regulations make clear the continuing 
responsibility of tribes. Specifically, we are emphasizing to 
tribes that criminal history records checks are only a small 
part of an overall background check, and simply because a 
criminal history record does not exist for an applicant it does 
not mean there have been no incidents of inappropriate prior 
conduct. Tribal hiring officials must ensure that a 
comprehensive review of former employment records, personal 
references, residences, local law enforcement records, 
education records, and personal interviews are conducted.
    The feasibility for a central registry on child abuse in 
Indian country was completed in October, 1994. The study 
recommended the establishment of a central registry to provide 
more complete data on child abuse in Indian country and to 
track convicted perpetrators. BIA is exploring the costs, 
benefits, and feasibility issues raised by this recommendation. 
We are also considering the possibility of collaboration with 
the National Center for Child Abuse and Neglect of the 
Department of Health and Human Services. Replication of 
existing and new programs, as well as cost, are critical 
factors in our review.
    BIA and Indian Health Services (IHS) collaboration has been 
continuous and quite productive. As indicated in our Plan, we 
are refining our memoranda of agreement and understanding 
initiatives. For example, the BIA and IHS jointly funded the 
Cherokee Nation Child Abuse Prevention Project; and with the 
Intertribal Council of Arizona, are co-sponsoring the first 
National Indian Family Preservation Conference in April 1995.
    BIA and IHS staff coordinate an inter-agency National Child 
Protection Team, and area and agency level inter-disciplinary 
Child Protection Teams, many of which now include United States 
Attorneys and representatives from State social services 
agencies. The BIA and IHS meet quarterly as the National Indian 
Child Protection Team, and participate in the Interagency 
Indian Children's Mental Health Council.
    BIA and IHS are developing residential treatment programs 
at juvenile detention centers, and IHS is assisting the BIA and 
tribes in implementing therapeutic and wellness models at one 
grant school and one BIA off-reservation residential school. 
IHS participates in BIA's Indian Police Academy training 
programs, particularly the regional multidisciplinary training 
program with the United States Attorneys, on the 
identification, investigation, and prosecution of child abuse 
and domestic violence.
    Both BIA and IHS utilize ``Linkages,'' a publication of BIA 
Social Services, and ``Prevention Quarterly,'' a publication of 
BIA Office of Alcohol and Substance Abuse Prevention (with 
total subscriptions of 5,000) to address issues of concern to 
tribes and disseminate information.
    Indian child protection and family violence prevention 
program funds have been requested in the President's 1996 BIA 
Budget and will be equitably distributed to American Indian and 
Alaska Native communities to develop prevention and treatment, 
multidisciplinary child abuse investigation and prosecution, 
tribal codes, training, or community education programs.
    Priority has been given to the funding and developing of 
tribal rather than BIA programs. Special child abuse initiative 
funds were incrementally appropriated during fiscal years 1989-
1991 for critical child protection and staffing needs in the 
field. In response to tribal recommendations, these funds, 
totalling $7.6 million, have been added to the tribe/agency 
tribal priority allocation budget system and are subject to 
tribal priority setting.
    We have also encountered programmatic barriers to the 
implementation of the Indian Child Protection and Family 
Violence Prevention Act.
    We have received reports that tribal and federal personnel 
have suffered retaliation, including job loss, as a result of 
good faith reporting of child abuse. BIA regulations will be 
revised to require compliance with 18 USC Sec. Sec. 1512 and 
1513, but we recommend as well that the reauthorization of the 
Act include a prohibition against retaliation following good 
faith reporting of child abuse.
    Vacancies in both the Office of the Child Protection 
Coordinator and Office of Alcohol and Substance Abuse 
Prevention have slowed collaborative efforts and new 
initiatives in recent months. Directors for each important 
coordination office are being recruited, and selection of the 
Child Protection Coordinator will take place shortly.
    The $5 million is included in the President's FY 1996 BIA 
Budget to begin meaningful program development by tribes, 
including comprehensive child abuse and family violence 
prevention programs. As a starting point, tribes will be able 
to enhance existing programs with the FY 1996 funds with the 
option of redirecting funds from other available tribal 
resources.
    We must realize that abuse is a symptom of increasing 
stress within both families and communities. As stress factors 
increase, so will violence whether it is self-inflicted or 
focused at others.
    Recent legislative initiatives threaten already diminished 
resources that sustain many Indian families, such as WIC, AFDC, 
Food Stamps and the Commodity Supplemental Food Program. If 
these and similar tribal programs that are essential to tribes 
are eliminated, BIA and local providers cannot possibly fill 
the void. In essence there will be no safety net for Indian 
children and their families.
    The impact of current proposed legislation is far reaching. 
It is likely that the BIA will experience an increase in the 
number of American Indians and Alaska Native children 
adjudicated as abused and neglected. Such cuts would seriously 
hinder the ability of tribes and villages to develop 
comprehensive, multidisciplinary programs to meet the needs of 
Indian children and their families.
    We applaud Senator McCain for his proposed reauthorization 
of the Indian Child Protection and Family Violence Prevention 
Act. It serves as a symbol for the focused attention we intend 
to give to these issues. And, with funding authorized to tribes 
to support the development of local level programs and 
solutions, we hope to see a reduction in the statistics we 
shared in the opening of our testimony. The BIA will do all it 
can to partner with tribes and our colleagues in the Indian 
Health Services and other agencies to work toward that goal.
    This concludes my prepared statement. I and my staff will 
be pleased to answer questions the Committee may have.
Statement of W. Craig Vanderwagen, M.D., Director, Division of Clinical 
 and Preventive Services, Indian Health Service, Department of Health 
                           and Human Services

    Mr. Chairman and Members of the Committee:
    I am Dr. Craig Vanderwagen, Director of the Division of 
Clinical and Preventive Services, Office of Health Programs, 
Indian Health Service (IHS). Accompanying me today is Dr. Scott 
Nelson, Chief of the Mental Health and Social Service (MH/SS). 
Dr. Michael Trujillo, the Director of the IHS, regrets that he 
cannot be here personally to address this important topic. 
However, he is attending a regional Indian health in Portland, 
Oregon with the Assistant Secretary for Health, the Department 
of Health and Human Services. This meeting had been scheduled 
several months ago. He want to assure you that he continues to 
place the highest priority on efforts to combat child abuse and 
family violence because of the terrible toll these problems 
take on people in Indian Communities. For the past two years 
our MH/SS program has taken the lead responsibility for child 
abuse prevention and treatment activities in the Indian Health 
Service. I appreciate the opportunity to present the IHS 
comments and to support your legislation to reauthorize Title 
IV of P.L. 101-630, The Indian Child Protection and Family 
Violence Prevention Act.
    IHS supports the reauthorization of this important child 
abuse legislation as proposed in S. 441. We believe that the 
authorizations under the legislation provide the opportunity 
for needed funding for tribal treatment and prevention 
programs. The legislation also preserves appropriate roles for 
IHS and the Bureau of Indian Affairs (BIA) in the 
implementation of child abuse prevention programs.
    As Dr. Trujillo testified in May of 1994 before this 
Committee, IHS has established a number of initiatives in child 
abuse/family violence prevention and treatment with the $1.25 
million in resources that have so far been provided. We have 
also actively pursued additional resources from the agencies 
resulting in $575,000 from BIA and the National Center on Child 
Abuse and Neglect (NCCAN) in the 1994-1995 fiscal years to fund 
joint child abuse prevention and education projects in Indian 
country. Major IHS activities related to child abuse prevention 
and treatment are currently underway. Some of these activities 
include:
          Funding of tribally-operated child abuse treatment 
        and/or prevention programs at Navajo ($300,000 per 
        year), Hopi ($200,000 per year), Bay Mills ($100,000 
        per year), Fort Peck ($200,000 per year for a 3-year 
        demonstration prevention project), and Washoe ($150,000 
        in FY 1993).
          Support of a joint IHS-BIA national family 
        preservation child protection/family violence 
        prevention conference to be held in April 12-14, 1995 
        in Phoenix under the auspices of the Intertribal 
        Council of Arizona. IHS and BIA grantees and tribal 
        leaders will discuss strategies for preserving families 
        and preventing and treating child abuse that have been 
        found to be effective.
          Initiating a program to treat juvenile sexual 
        perpetrators in 8 Indian communities.
          Hiring of a national medical consultant to plan and 
        participate in training of physicians and others in 
        conducting examinations of child abuse victims, and a 
        social worker to coordinate IHS and interagency child 
        abuse activities.
          Extensive coordination with BIA, NCCAN, the 
        Department of Justice, the Substance Abuse and Mental 
        Health Services Administration and the Federal 
        Interagency Task Force on Child Abuse, as well as with 
        relevant other IHS programs.
    Senator McCain and members of the Committee, we appreciate 
your personal commitment to this important issue of child 
abuse. Dr. Trujillo and IHS staff are similarly committed to 
working with you, the Committee and tribal leaders in combating 
child abuse and treating child abuse victims in Indian country. 
Dr. Nelson and I will be glad to answer any question that the 
Committee may have.
   Statement of Herbert Becker, Director, Office of Tribal Justice, 
                         Department of Justice

    Mr. Chairman, Mr. Vice Chairman, and Distinguished Members 
of the Committee:
    I am Herb Becker, Director of the Office of Tribal Justice 
at the Department of Justice. It is my pleasure to appear 
before you today to discuss the Department's support for S. 
441, the reauthorization of the Indian Child Protection and 
Family Violence Prevention Act.
    This historic and critical Act codifies the efforts of 
Congress, tribal leaders, and the Executive Branch to address 
and to rectify the abuse of children in Indian Country. The Act 
seeks to improve law enforcement investigations and to fund 
crucial services for victimized children and their families. In 
enacting this legislation, Congress carefully reviewed the 
devastating problem of child abuse in Indian Country. The men 
and women of the Congress also took to heart the unique trust 
relationship that the United States holds with Indian people--a 
relationship that is grounded in the United States Constitution 
and over 150 years of Federal law.
    Since the enactment of the Indian Child Protection and 
Family Violence Prevention Act, we have made great strides 
toward accomplishing the goals of the Act. I will highlight 
these steps, but before I do so I must tell you that we can do 
more; we must not stop short with these first steps. The Act 
must be reauthorized to fully accomplish the goals of 
identifying the extent of child abuse and family violence in 
Indian Country, reducing such incidents, and providing funds 
for mental health treatment for victims of child abuse and 
family violence in Indian Country.
    The Act creates the parameters for ensuring protection of 
child victims by delineating certain reporting criteria. 
Meeting these criteria, however, requires extensive 
coordination and the expenditure of resources. For example, 
although the Act delineates the roles of child protection 
workers and of law enforcement officers, these people must 
travel great distances to respond to victims and their 
families. These distances have the potential to preclude 
effective service.
    As you have heard and will hear from the testimony of 
others, especially Ms. Ada Deer and her capable staff, there 
has been a dramatic increase in reporting of child abuse in 
Indian Country. The mandate of the Act to report these cases is 
working and the mandate of the Act to improve investigations 
has led to progress. But progress is not tantamount to 
accomplishment.
    To accomplish the goals expressed by Congress in the Act, 
in 1990 the Department began a review of its prosecutive 
efforts in the area of child abuse in Indian Country. The 
Department, through the United States Attorneys' Offices, with 
the support of the Criminal Division, is committed to the 
consistent and effective investigation and prosecution of these 
crimes against children in accordance with the Indian Child 
Protection and Family Violence Prevention Act and the trust 
responsibility of the United States toward American Indian 
people.
    Another hallmark of the Department's commitment to these 
issues was the historic Listening Conference on May 5-6, 1994 
in Albuquerque, New Mexico, which brought tribal leaders 
together with the Attorney General, the Secretary of the 
Interior, and the Secretary of Housing and Urban Development to 
discuss critical issues affecting American Indian tribes and 
nations. Arising from the Listening Conference was the pledge 
that the Department will strive to address child abuse in 
Indian Country.
    The Department believes that this goal can be accomplished 
through training, coordination, and the establishment of 
guidelines--guidelines which actuate the purposes of the Indian 
Child Protection and Family Violence Prevention Act. Much 
progress toward this goal has been made by the United States 
Attorneys' Offices and the Criminal Division. One means of 
achieving this goal is to assure the development and 
utilization of memoranda of understanding (MOU) between 
federal, tribal, and state entities that set forth local 
guidelines for child abuse reporting, investigation, and 
prosecution. Such MOUs allow us to overcome problems of 
overlapping jurisdiction by forging working relationships 
between tribes, federal agencies, and states. These 
relationships allow all parties to work together to ensure that 
child abuse is dealt with effectively. Of equal importance, 
MOUs allow these crimes and the problems of the victims to be 
addressed in a way that respects tribal sovereignty and draws 
on tribal wisdom.
    Oklahoma provides an example of how MOUs have proved 
helpful. Last August, in Oklahoma, sixteen Indian tribes and 
nations gathered together with United States Attorneys Stephen 
Lewis and John Raley, the FBI, BIA, IHS, and state of Oklahoma, 
to approve procedures to address Indian child abuse. This MOU 
guides the reporting, investigation, and prosecution of 
physical and sexual abuse of Indian children.
    The genesis of this MOU was the Fall 1993 Memorandum of 
Understanding Between the BIA and the FBI regarding law 
enforcement in Indian Country. Shortly thereafter, at a meeting 
of United States Attorneys, Attorney General Janet Reno 
underscored the need for interagency and tribal partnerships in 
responding to crimes against children in Indian Country. She 
stated that ``[s]imple things such as opening lines of 
communication can often have the most profound effects.'' 
United States Attorneys Stephen Lewis and John Raley took her 
message back to Oklahoma, and began developing--with the 
assistance and commitment of the BIA, FBI, IHS, and the Indian 
tribes in the Northern and Eastern Districts of Oklahoma--a MOU 
for the reporting and investigating of child abuse. This MOU is 
modeled on the Indian Child Protection and Family Violence 
Prevention Act. I will submit a copy of the MOU for the record.
    Shortly after approval of the MOU in the Northern and 
Eastern Districts, the Western District of Oklahoma gained 
approval of a similar MOU with federal and state agencies and 
18 tribes. Thus, the Indian Child Protection and Family 
Violence Prevention Act has led to concrete arrangements to 
address child abuse in Indian Country. If we can achieve these 
sorts of arrangements in Oklahoma, where the jurisdictional 
problems are the most complex, we can begin the task throughout 
Indian Country.
    Furthermore, several additional districts have 
multidisciplinary teams in place to address child abuse. These 
multidisciplinary teams consist of professionals from the 
various disciplines that protect and treat abused children, and 
assist in the prosecution of their offenders.
    In addition, Department's commitment to addressing child 
abuse in Indian Country is reflected in its efforts to bring 
together federal, tribal, and state agencies in a series of 
meetings. The Department coordinated the first national meeting 
of federal, tribal, state and local agencies and organizations 
to address the issues associated with child sex crimes. The 
meeting--which was held in Seattle, Washington, on September 
21-23, 1993--resulted in many initiatives based on suggestions 
from the United States Attorneys, the Criminal Division, Office 
for Victims of Crime (OVC), FBI, BIA, and the Office of Policy 
Development. The Department, working in conjunction with the 
BIA, has scheduled for 1995 numerous training conferences for 
federal and tribal law enforcement officers, child protection 
workers, and prosecutors. These conferences include five BIA 
and OVC funded regional conferences specifically addressing 
child abuse and domestic violence in Indian Country.
    The FBI and the BIA also have taken steps to coordinate 
their law enforcement efforts in Indian Country. Last year, the 
FBI and the BIA held a Roundtable discussion of issues 
affecting law enforcement in Indian Country. A second such 
meeting is scheduled for this April. The purpose of these 
meetings is to enhance communication, coordination, and 
investigation of criminal cases in Indian Country. In step with 
the provisions Congress delineated in the Indian Child 
Protection and Family Violence Prevention Act, we are combining 
our skills, knowledge, expertise, experience, and resources in 
such a way as to provide the best possible federal response to 
child abuse and to the victims of these terrible crimes.
    The Department is committed to fulfilling its duty under 
the Act to investigate and prosecute child abuse in Indian 
Country. However, additional treatment for the victims of abuse 
and their families must be provided to break the cycle of 
violence. Investigators and child protection workers must be 
trained to deal properly and effectively with these crimes 
against our children and families--crimes which, in the hearts 
and minds of many, are the most complex and egregious of all 
crimes affecting our society.
    Thank you for the opportunity to testify in support of S. 
441. We believe that a good foundation is in place and that key 
relationships have been established to ensure effective 
prosecution and victim services in Indian Country. We look 
forward to continuing our efforts in this area, which is so 
vitally important to the children and families in American 
Indian communities. In closing, I am reminded of a quotation by 
Will Rogers, a member of the Cherokee Nation who frequented the 
halls of Congress. He told us that ``we will never have true 
civilization until we have learned to recognize the rights of 
others.'' The Indian Child Protection and Family Violence 
Prevention Act is a great step toward recognizing the problems 
of crime in Indian Country and guaranteeing that American 
Indian children enjoy the full protection of our criminal 
justice system.
    This concludes my prepared testimony. I am pleased to 
answer any questions that the Committee may have at this time.
            Committee Recommendation and Tabulation of Vote

    On Wednesday, March 29, 1995, the Committee on Indian 
Affairs, in an open business session, considered S. 441 and the 
bill was ordered reported without amendment with the 
recommendation that the Senate pass the bill, as reported.

                  Section by Section Summary Analysis

    Section 1 authorizes sections 409(e), 410(h), and 411(i) of 
the Act through fiscal year 1997.

                   Cost and Budgetary Considerations

    The cost and budgetary impact of S. 441, as estimated by 
the Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 1995.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 441, a bill to reauthorize appropriations for 
certain programs under the Indian Child Protection and Family 
Violence Prevention Act, and for other purposes.
    Enactment of S. 441 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Connie 
Takata.
            Sincerely,
                                                   June E. O'Neill.
               Congressional Budget Office Cost Estimate

    1. Bill number: S. 441.
    2. Bill title: A bill to reauthorize appropriations for 
certain programs under the Indian Child Protection and Family 
Violence Prevention Act, and for other purposes.
    3. Bill status: As ordered reported by the Senate Committee 
on Indian Affairs on March 29, 1995.
    4. Bill purpose: S. 441 would amend the Indian Child 
Protection and Family Violence Prevention Act to reauthorize 
programs.
    5. Estimated cost to the Federal Government:

                        FEDERAL GOVERNMENT COSTS                        
                [By fiscal year, in millions of dollars]                
------------------------------------------------------------------------
                                        1996   1997   1998   1999   2000
------------------------------------------------------------------------
Authorization of appropriations:                                        
    Child abuse treatment grants.....     10     10      0      0      0
    Child resource and family                                           
     services centers................      3      3      0      0      0
    Child protection and family                                         
     violence prevention.............     30     30      0      0      0
                                      ----------------------------------
      Total authorizations of                                           
       appropriations................     43     43      0      0      0
      Total estimated outlays........     31     40     12      3      0
------------------------------------------------------------------------
Note.--Details may not add to totals because of rounding.               

    The costs of this bill fall within budget function 550.
    6. Basis of estimate: S. 441 would reauthorize funding for 
Indian Child Abuse Treatment Grants, Indian Child Resource and 
Family Services Centers, and Indian Child Protection and Family 
Violence Prevention programs at currently authorized levels 
through 1997. Although funding for these programs is currently 
authorized at a specific annual amount for each program through 
fiscal year 1995, the programs have never received any 
appropriations.
    This estimate assumes that the authorized amounts are 
appropriated at the beginning of each fiscal year. Outlays are 
estimated using spendout rates computed by CBO on the basis of 
data for other Indian Health Service programs.
    7. Pay-as-you-go considerations: None.
    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Connie Takata.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.
                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 441 will 
have minimal regulatory or paperwork impact.

                        Changes in Existing Law

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that 
enactment of S. 441 will result in the following changes in 
existing law with language which is to be deleted in brackets 
and the new language which is to be added in italic.

SEC. 409. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

    25 U.S.C. Sec. 3208(e) There is hereby authorized to be 
appropriated to carry out the provisions of this section 
$10,000,000 for [each of the fiscal years 1992, 1993, 1994, and 
1995] each of the fiscal years 1995 through 1997.

SEC. 410. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.

    25 U.S.C. Sec. 3209(h) Appropriations.--There are 
authorized to be appropriated to carry out the provisions of 
this section $3,000,000 for [each of the fiscal years 1992, 
1993, 1994, and 1995] each of the fiscal years 1995 through 
1997.

SEC. 411. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION 
                    PROGRAM.

    25 U.S.C. Sec. 3210(i) Appropriations.--There are 
authorized to be appropriated to carry out the provisions of 
this section $30,000,000 for [each of the fiscal years 1992, 
1993, 1994, and 1995] each of the fiscal years 1995 through 
1997.