[Senate Report 108-228]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 438
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-228

======================================================================

 
AMENDING 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

                                _______
                                

                 March 9, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1601]

    The Committee on Indian Affairs, to which was referred the 
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 and having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill (as amended) do pass.

                                Purpose

    The Indian Child Protection and Family Violence Prevention 
Reauthorization Act of 2003 (S. 1601) provides a series of 
amendments to the Act to address the continuing problems of 
child abuse and family violence on Indian lands. The primary 
purposes of S. 1601 are to: (1) build and improve comprehensive 
tribal programs for child abuse prevention, prosecution and 
treatment, (2) establish more rigorous criteria for background 
checks, and (3) identify impediments to reducing child abuse.
    S. 1601 is intended to improve program effectiveness by 
augmenting community outreach efforts, encouraging 
establishment of safety measures for child protection workers, 
and promoting cultural perspectives through tribal 
demonstration projects. These demonstration projects are 
intended to demonstrate the effectiveness of traditional 
healing methods in treating victims of child abuse and family 
violence.
    To assist tribal programs, S. 1601 proposes an integrated 
approach to service delivery by authorizing tribal 
demonstration projects consolidating administrative functions 
for Federally-funded Indian child protection programs. This 
approach is intended to substantially reduce the administrative 
costs resulting from compliance with the numerous individual 
grant or contract requirements.

                               Background

    The Act was enacted in 1990 in response to findings by the 
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 incidences of 
Indian family violence. The findings and related graphic 
accounts of that abuse are well-documented in the Committee 
Reports accompanying the legislation resulting in the Act's 
enactment. See for example Senate Reports 101-203 and 101-403. 
In response, the Act established a framework and the first 
mandatory Federal Indian child abuse reporting law to address 
the high incidences of child abuse and family violence on 
Indian reservations.

                        THE 1995 REAUTHORIZATION

    The Act was last reauthorized in 1995, Pub. L. 104-16. 
During the hearings on the reauthorization in 1995, both the 
U.S. Departments of Interior (DoI) and Justice (DoJ) testified 
that child abuse and family violence occur at alarmingly high 
rates on Indian reservations. Likewise, the U.S. Department of 
Health and Human Services (DHHS) indicated that it engaged in 
continual efforts to address the prevention and treatment of 
child abuse.
    The DoI reported that the feasibility study for the central 
registry, as required by the Act, was completed in October, 
1994, and that a review of the costs, benefits and program 
duplication was underway at the time of reauthorization.
    The DoJ indicated that the Act generated the need for 
extensive coordination and expenditure of resources, and 
recommended additional treatment for the victims and families 
and proper training for investigators and child protection 
workers.

                   CURRENT STATE OF CHILD PROTECTION

    Rates of Abuse and Violence. Available information 
indicates that high rates of child abuse and family violence 
continue to exist on Indian reservations. At the legislative 
hearing on S. 1601 the Committee received testimony that 
approximately 4,500 Indian Health Service (IHS) clinical 
contacts related to child abuse and its psychological effects 
occurred per year over the course of several years--indicating 
the rates have not decreased.
    The rates of such violence were also much higher in Native 
communities than other populations in the United States. 
Additionally, Federal data suggest an increase in overall cases 
of child abuse and neglect for Indian children. Thus, a need 
still exists to examine the impediments to reducing child 
abuse.
    The Committee also received testimony which indicated that 
comprehensive data on the incidences of child abuse on Indian 
reservations was difficult to obtain. The existing information 
may account for only 61 percent of all Indian child abuse 
cases--suggesting that the rates may be even higher than 
reported and that more data is needed to capture cases that are 
now unreported.
    Effects of Child Abuse. The Committee received testimony 
that child abuse generates both short- and long-term effects 
and results in substantial health care costs. Besides physical 
injuries, child abuse is associated with substance abuse, 
obesity, suicide, delinquency and risk taking behavior, 
depression and other mental pathologies.
    Violence associated with abuse profoundly affects the 
health and well-being of the victims, families, and the 
community as a whole. Child abuse increases the burdens and 
costs of law enforcement, health care, child welfare, and adult 
and juvenile justice systems. These burdens translate into 
higher caseloads, more stress and higher staff turnover, 
particularly when resources are scarce.
    Child Protection Personnel. The Committee also received 
testimony regarding the enormous caseloads tribal child 
protection teams are called on to manage. In one instance, 
tribal child protection staff consisted of only 15 persons, 
including four caseworkers who were handling more than 110 
cases a year. At the same time, the tribe projected the number 
of children in the custody of its child protection services to 
have increased by 14 percent from the prior year.
    Child protection workers face additional hardships in 
carrying out their responsibilities because the nature of child 
protection work is stressful and often dangerous. As part of 
case management, social workers are required to conduct home 
visits or respond to reports of child abuse at all hours of the 
day or night--sometimes accompanied by law enforcement 
personnel and sometimes alone.
    The Committee received testimony regarding an alarming 
increase in methamphetamine use on tribal lands which is 
causing an increase in child protection cases. The use of this 
drug and presence of illegal labs for its manufacture create a 
high level of risk to the child protection worker that must 
visit any home where the drugs are manufactured, stored, sold, 
or used. This additional stress and danger results in high 
turnover of personnel and diminishes the overall effectiveness 
of tribal programs. Thus, there is a compelling need for safety 
strategies.
    Child Protection Programs. Despite the multitude of 
programs and services, the Committee received testimony that 
there remains a need for an effective, comprehensive approach 
to reducing child abuse.
    Experience demonstrates that effective strategies are most 
often built on prevention, prosecution and treatment. These key 
components require competent social programs including trained 
personnel, appropriate case management and case services. These 
programs must also be equipped to conduct sufficient community 
outreach, enabling community members to identify and report 
child abuse or family violence.
    Prevention requires that individuals having regular contact 
with children are adequately screened prior to contact. 
Currently, the Act requires certain Federal and tribal 
employees to undergo character investigations. However, the 
Committee received testimony that not all individuals having 
contact with children are subject to the character 
investigations. These individuals include program volunteers 
and contractors.
    An effective prosecutorial regime includes reporting and 
investigation functions which, in turn, require extensive 
involvement from law enforcement, health, social workers, 
courts, and education personnel to coordinate responses and 
engage in comprehensive case management.
    Adequate tribal infrastructure is critical to managing this 
system. Training is essential to gaining expertise, 
particularly in managing child sexual abuse cases which require 
specialized training to preserve forensic evidence and to avoid 
further trauma to the victim.
    The ability to build and access data bases is sorely needed 
to promote cooperative prosecutions, identify trends, needs or 
areas for improvement, and to secure additional funding. The 
Committee received testimony that the central registry 
recommended by the study completed in 1994 would provide little 
benefit because only criminal convictions, not unsubstantiated 
reports, could be included in the registry. Such information 
was already available through the criminal background checks.
    The Committee also received testimony that there are other 
sources for data reporting such as the National Child Abuse and 
Neglect Data System (NCANDS), but the information was not 
analyzed to make specific determinations relative to child 
abuse on Indian reservations. In addition, this system 
collected data primarily from states and not from Indian tribes 
or the Bureau of Indian Affairs (BIA).
    Indian tribal justice systems must also be well equipped. 
The Committee received testimony that one Indian tribe had only 
two criminal investigators to handle all criminal cases, 
including child abuse, serving a population of more than 8,000 
members.
    Intergovernmental cooperation is also sorely needed 
tofacilitate the delicate investigation and jurisdictional issues that 
arise in child abuse cases. According to a 2001 report by the Office 
for Victims of Crime within the DoJ, the jurisdictional maze for 
investigating and prosecuting child abuse in Indian communities can 
produce confusion among all entities and diminish the effectiveness of 
child protection programs.
    Nonetheless, Indian tribes have been resourceful in 
creating responsive programs which also include appropriate 
treatment. The Act recognized the need for mental health 
treatment as part of a comprehensive program. Since then, a 
gradual evolution has occurred which has begun recognizing the 
viability and importance of incorporating Native cultural 
perspectives into treatment methods.
    The Committee received testimony that prevention and 
treatment methodologies incorporating cultural awareness and 
family strengths produce better results than those without 
these components. In 1999, the IHS began implementing 
culturally-appropriate mental health services for Indian 
children through a partnership with the Substance Abuse and 
Mental Health Services Administration (SAMHSA) within the DHHS. 
According to IHS testimony, evaluations of these programs 
indicate a high rate of success in addressing many mental 
health problems arising from child abuse.
    Adequate funding for Indian child protection programs was 
the primary concern aired during the hearing on S. 1601. The 
National Indian Child Welfare Association testified that the 
greatest impediment to reducing child abuse was the lack of 
funding.
    The Act requires character investigations, a component of 
which may be fingerprint checks. The Committee received 
testimony that the fingerprint checks may cost an average of 
$22, but alone would not suffice to comply with the Act's 
requirements. The total cost of a comprehensive character 
investigation was estimated to be $1,500 or more.
    Written testimony submitted by the DoJ indicated that 
several Federal grants are available to tribes for child 
protection services. The IHS testified that it has developed 
several initiatives to provide funding either directly or 
indirectly to Indian tribes to address these cases, including 
specialized training in forensic and telemedicine equipment for 
child sexual abuse cases.
    Despite these resources, the testimony indicated that both 
the tribal and Federal programs designed to assist Indian 
tribes were underfunded. The Committee also received testimony 
that, beyond improving services for child abuse victims, 
resources were needed to address the underlying economic and 
social problems that generate violence in Indian communities.

                      Summary of Major Provisions


Section 3. Definition of child abuse

    The definition of child abuse was expanded to include 
children exposed to family violence. Children exposed to family 
violence may not be on the receiving end of such violence, but 
may witness or otherwise experience the violence committed 
against a family member. These children may also be in a 
position to observe the physical injuries of the family member 
or experience the stress between the family members caused by 
such violence.
    Children exposed to family violence often suffer the same 
mental injuries as physically abused children. Many of the 
problems facing abused Indian children increase the likelihood 
that, as adults, they will suffer from various mental 
pathologies, illnesses and diseases. For instance, Native 
adults--victimized as children--are more than twice as likely 
to abuse substances than their non-Native counterparts.
    In addition, childhood abuse increases the likelihood that 
the victim will one day become a perpetrator of abuse. To break 
this cycle, these children should be able to access the 
services, particularly mental health, available to children who 
are direct victims of violence.

Section 4. Cooperative reporting

    Complex jurisdictional issues may arise in child abuse 
cases and significant intergovernmental cooperation isnecessary 
to address incidences of child abuse. In instances where the alleged 
abuser is non-Indian, the tribal justice system may be limited in 
addressing the matter and must rely on state agencies. S. 1601 
recognizes the need to include state law enforcement agencies in the 
reporting process in such instances.
    The Committee encourages the agencies of jurisdiction to 
review their processes and levels of cooperation for areas 
which may be appropriate for intergovernmental agreements or 
protocols. S. 1601 authorizes funding for tribal personnel to 
obtain the necessary training, certifications or licenses to 
reduce concerns regarding tribal qualifications in entering or 
executing cooperative agreements or protocols. The Committee 
believes that tribal child protection personnel are dedicated 
to reducing child abuse and encourages the involved agencies to 
work together for the best interests of the children.

Section 5. Impediments study

    S. 1601 requires a Federal study of the impediments to 
reducing child abuse in Native communities. The Committee is 
concerned that the rates of child abuse have not been 
significantly reduced and, in fact, have increased.
    Under S. 1601 the length of time to conduct the impediments 
study has been extended to 18 months and the Secretary of the 
Interior is required to submit recommendations as she deems 
appropriate on ways to eliminate those impediments. With this 
extended period the Committee anticipates a thorough study of 
all matters relative to such impediments.
    The agency cooperation and jurisdictional matters are 
merely starting points for review and the DoI should consider 
other factors, particularly those raised at the hearing, in 
this study. The Committee is concerned that the DoI has 
established social programs which require tribes to enter 
agreements with other agencies over which neither the Indian 
tribes nor DoI have control. The Committee is mindful that the 
social services funding is limited. However, the Committee 
expects the DoI to review those program requirements and, with 
the affected agencies, develop cooperative solutions to assist 
tribal programs--prior to imposing any further requirements on 
the tribes.
    The Committee believes that the impediments study is 
critical to finding solutions for reducing child abuse. The 
Committee is aware that the DoI has been conducting a study 
regarding an overview of child abuse on Indian reservations and 
believes that this overview should expedite the completion of 
the impediments study.

Section 6. Character investigations

    S. 1601 expands the scope of character investigations to 
contractors and volunteers, in addition to employees, who have 
regular contact with Indian children--making the scope 
consistent with other Federal law.
    The Committee received testimony that the IHS acknowledges 
the need for an expanded scope of character investigations by 
including volunteers and contractors in the IHS interim final 
rule governing the requirements for background investigations. 
The DoI indicated that positions with a ``preponderance of 
contact'' with children require a background check.
    The Committee is concerned about how ``regular contact'' is 
being interpreted by both departments and has not received a 
clear indication whether seasonal or temporary employees, 
contractors or volunteers would fall within the scope and 
whether the contact must be direct or merely involve a physical 
presence in the same general area as the children.
    For example, contractors performing repairs or construction 
on Indian schools may not have face-to-face contact with 
children, but may be in the same buildings, rooms, bathrooms or 
other areas for a significant period of time. The Committee 
believes the Departments should scrutinize their policies to 
address these situations.
    The Committee is also concerned that implementation of the 
Act may be viewed as only covering BIA and IHS employees 
despite the plain language of the Act covering ``all'' 
employees within the departments. The Committee believesboth 
departments should review all positions, even those outside the BIA and 
IHS in determining the proper scope of character investigations.
    In conducting background checks, tribal criminal 
repositories should also be reviewed and the Federal Bureau of 
Investigation is authorized to assist in conducting the 
background checks. In conducting these checks, the FBI may 
coordinate with the BIA to expedite the processing as needed. 
Background checks, licenses or approvals conducted under S. 
1601 for certain employee, volunteer or contracted positions 
would satisfy other statutory background check requirements for 
those positions such as for foster or adoptive homes, thereby 
eliminating duplication of work generated by other laws.

Section 7. Traditional healing

    S. 1601 authorizes tribal projects that demonstrate the 
efficacy of traditional healing methods for child abuse and 
family violence. The Committee received testimony that child 
abuse treatment methodologies vary widely and treatment 
methodologies incorporating cultural awareness and build on 
family strengths produce better results than those without 
these components.
    S. 1601 provides special consideration for tribal projects 
relating to behavioral and emotional effects, eliminating abuse 
by parents and reunification of the family. These projects may 
benefit others through the development of educational 
materials.
    However, the Committee is mindful that Indian tribes hold 
their traditions sacred and that some traditions may not be 
revealed to others. In addition, the Committee does not want to 
expose tribal traditions to exploitation. Consequently, the 
development of these projects should protect the integrity of 
tribal traditions and the Secretary should review the projects 
with these considerations in mind.

Section 8. Interagency cooperation

    Current law incorporates the DoI and DHHS, but not DoJ, as 
part of the Indian child protection system. S. 1601 recognizes 
the importance of DoJ involvement in implementing the Act, 
including the Indian Child Resource and Family Services 
Centers.
    The IHS is committed to seeking expansion of services by 
consulting with tribes and collaborating with other Federal 
agencies because reducing child abuse and violence in Indian 
communities requires comprehensive efforts. The Committee 
commends the IHS for its commitment.

Section 9. Program enhancements

    S. 1601 seeks to improve many program functions such as 
developing safety strategies for child protection workers, 
building data bases, and providing training programs. Adequate 
databases are important investigative tools and S. 1601 
authorizes programs to establish data tracking systems, 
including the necessary hardware and software infrastructure.
    The Committee believes that training and interagency 
cooperation is critical to developing such data bases, and the 
tribes should be able to access national or state databases for 
tracking child abuse offenses. The Committee encourages those 
agencies managing the data bases to interface with tribes. The 
DoJ has recommended that the FBI be consulted on database 
management efforts. The Committee encourages such cooperation 
and commends the DoJ for making its expertise available to 
tribes.
    Effective safety strategies may require cooperation, 
protocols and agreements from all child protection agencies, 
thus it is an important component to any multi-disciplinary 
program. These safety strategies are an inherent part of an 
overall program, including the employment of personnel. Tribal 
personnel must often handle a variety of duties including child 
protection and family violence. The incidences of child abuse 
and family violence overlap so frequently that safety 
strategies for the child protection personnel will necessarily 
include family violence personnel.
    Child abuse affects the entire community and it isessential 
that the community be part of prevention efforts, including awareness 
of child abuse symptoms and reporting procedures. Therefore, the 
Committee encourages the tribes to focus on outreach efforts as part of 
their programs.

Section 10. Consolidation

    At the Committee hearing, several witnesses testified that 
child abuse and family violence programs are uncoordinated and 
severely underfunded. Following the hearing, the Committee 
determined that a more efficient method for administering the 
numerous child protection programs would be to integrate the 
services and consolidate administrative functions.
    Under S. 1601, tribes, tribal organizations and intertribal 
consortia may participate in demonstration projects in which 
the services are integrated and administrative functions 
consolidated for child abuse related programs pursuant to a 
plan submitted to and approved by the coordinating agency in 
consultation with other affected agencies.
    The tribal demonstration projects authorized by S. 1601 are 
intended to increase the aggregate funding resources for tribal 
child protection services. In these demonstration projects, 
program administrative functions may be streamlined and 
coordinated through integration and consolidation of funding 
mechanisms, thereby reducing administrative costs and 
increasing resources available for service delivery.
    The demonstration projects authorized by S. 1601 are 
modeled after Pub. L. 102-477, the Indian Employment, Training 
and Related Services Demonstration Act of 1992, as amended, 
which is implemented by the Bureau of Indian Affairs in 
cooperation with the Departments of Labor, Health and Human 
Services, and Education. See S. Rpt. No. 102-188. It is also 
modeled after S. 285, the Native American Alcohol and Substance 
Abuse Program Consolidation Act of 2003, favorably passed by 
this Committee on June 18, 2003, and the full Senate on July 
23, 2003. See S. Rpt. No. 108-75.
    The Committee intends for the affected agencies and tribes 
to identify programs for inclusion and an effective reporting 
system soon after enactment. The tribes should only be required 
to submit a single plan, budget and report in implementing 
these projects. The integration should also result in greater 
flexibility from the affected agencies in reviewing and 
approving plans, including granting waivers.
    The goal of integration is to reduce costs and increase 
services so that scarce resources can be re-directed to service 
delivery. The Committee received testimony regarding concerns 
about child protection funding being included within the tribal 
priority allocation (TPA) system in the consolidation project. 
The Committee realizes that in the consolidation project, not 
every source of funding will be subject to the TPA system, but 
some may be considered ``passthrough'' funds. Nonetheless, the 
Committee believes that tribal governments are in the best 
position to determine their own needs and will prioritize 
accordingly.
    The Committee notes that since its enactment, the Act has 
not been fully funded. Both the Act and S. 1601 are ambitious 
in approach and the Committee understands that not every social 
ill can be addressed with the limited funds available. 
Accordingly, the Committee encourages the Congress and the 
Administration to make every effort to provide funding to 
reduce child abuse and family violence on Indian reservations.

Section 11. Awareness grants

    S. 1601 includes a technical amendment correcting an 
oversight regarding grant award authorization for non-profit 
tribal coalitions providing violence awareness and response 
services. This provision will authorize the coalitions to 
access all unexpended funds available to assist them in 
providing awareness and response services to Indian women.

                          Legislative History

    S. 1601 was introduced on September 9, 2003, by Senator 
Campbell for himself and for Senator Inouye and was referred to 
the Senate Select Committee on Indian Affairs. Senators Johnson 
and Domenici were added as co-sponsors on September 11, 2003. 
On October 29, 2003, Senator Hatch was added as a cosponsor.
    A hearing on S. 1601 was held on September 24, 
2003,testimony was provided by the DoI, the DHHS, the Hopi Tribe, the 
Warm Springs Confederated Tribes and the National Indian Child Welfare 
Association. The DoJ submitted a written statement. All witnesses 
expressed support for the bill and most of the recommendations are 
addressed in the substitute amendment.

            Committee Recommendation and Tabulation of Vote

    In an open business session on October 29, 2003, the 
Committee considered a substitute amendment proposed by Senator 
Campbell. By a unanimous vote, the Committee ordered the 
substitute amendment favorably reported to the full Senate with 
the recommendation that the bill do pass.

                      Section-by-Section Analysis

    Section 1. Short Title. The Act may be cited as the 
``Indian Child Protection and Family Violence Prevention 
Reauthorization Act of 2003''.
    Section 2. Findings and Purpose. In section 2, Congress 
finds that Indian children are precious resources in need of 
special protection; that child abuse continues to rise in 
Indian country; and that improvements are needed. The purposes 
of the bill are to identify impediments to effective programs; 
to assist tribal child abuse programs; and to mandate reporting 
of child abuse.
    Section 3. Definitions. Section 3 expands the definition of 
``child abuse'' to include cases where children are exposed to 
family violence on Indian reservations.
    Section 4. Reporting Procedures. Section 4 includes state 
law enforcement agencies in the reporting process.
    Section 5. Central Registry. Section 5 eliminates the 
requirement of feasibility studies for a central registry. It 
is replaced with a required federal study regarding barriers to 
the investigation and prosecution of child abuse cases 
including jurisdictional impediments. The results of the study 
are to be reported to Congress within eighteen (18) months of 
enactment to include recommendations deemed appropriate by the 
Secretary of the Interior.
    Section 6. Character Investigations. Section 6 expands the 
positions subject to character investigations to include 
volunteer and contracted positions. Investigations may include 
a review of applicable State and tribal criminal history 
repositories. Section 6 allows background checks conducted by 
tribes under S. 1601 to suffice for any other statutory 
background check requirement in connection with the placement 
of an Indian child in a foster or adoptive home or an 
institution. This section allows tribally certified licenses or 
approval of guardianships, foster or adoptive homes or 
institutions to be considered equivalent to State requirements 
for placement and funding so long as the provisions of the Act 
are met for background checks.
    Section 7. Indian Child Abuse Treatment Grant Program. 
Section 7 authorizes demonstration projects for a culturally-
sensitive tribal treatment program and reauthorizes 
appropriations for these projects and other grant programs.
    Section 8. Indian Child Resource and Family Services 
Centers. Section 8 provides technical amendments to reflect the 
BIA organizational structure and authorizes appropriations for 
the family service centers.
    Section 9. Indian Child Protection and Family Violence 
Prevention Program. Section 9 requires added measures to ensure 
the safety of child protection workers while performing their 
responsibilities. Section 9 also authorizes funds to be used 
for enhancing tribal infrastructure.
    Section 10. Integration of Services. This section 
authorizes demonstration projects that consolidates child abuse 
related service programs into a single, coordinated, 
comprehensive program to better manage services, costs, and 
reporting requirements.
    Section 11. Tribal Partnerships for Awareness and 
Responses. This section amends Sections 2001 and 2007 of the 
Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90-
351, by authorizing the Attorney General to provide grant 
awards to tribal coalitions for the purpose of providing 
awareness of and response to domestic violence and sexual 
assault against Indian women.

                   Cost and Budgetary Considerations

    The cost estimate for S. 1601, as evaluated by the 
Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 21, 2004.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1601, the Indian 
Child Protection and Family Violence Prevention Reauthorization 
Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1601--Indian Child Protection and Family Violence Prevention 
        Reauthorization Act of 2003

    Summary: S. 1601 would authorize appropriations to operate 
Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) 
programs aimed at preventing abuse of Indian children. CBO 
estimates that implementing S. 1601 would cost about $210 
million over the 2004-2008 period, assuming appropriation of 
the necessary amounts.
    S. 1601 contains an intergovernmental mandate as defined in 
the Unfunded Mandates Reform Act (UMRA), because it would 
impose additional reporting requirements on local and tribal 
law enforcement agencies. CBO estimates that the cost of that 
mandate would be well below the threshold established by UMRA 
($60 million in 2004, adjusted annually for inflation). Other 
provisions in S. 1601 would benefit Indian tribes by 
authorizing federal grant funds. The bill contains no new 
private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1601 is shown in the following table. 
The cost of this legislation falls within budget functions 450 
(community and regional development) and 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Indian Child Abuse Treatment Grants:
    Estimated Authorization Level..................................        0       12       12       13       13
    Estimated Outlays..............................................        0        6        9       13       13
Indian Child Resources and Family Services Centers:
    Estimated Authorization Level..................................        0        4        4        4        4
    Estimated Outlays..............................................        0        4        4        4        4
Indian Child Protection and Family Violence Prevention Program:
    Estimated Authorization Level..................................        0       40       41       42       43
    Estimated Outlays..............................................        0       30       41       42       42
Total Changes:
    Estimated Authorization Level..................................        0       56       57       59       60
    Estimated Outlays..............................................        0       40       54       59       59
----------------------------------------------------------------------------------------------------------------

    Basis of Estimate: For this estimate, CBO assumes that S. 
1601 will be enacted in calendar year 2004 and that the 
necessary amounts will be appropriated for each fiscal year. 
Based on information from BIA and the IHS, CBO estimates that 
implementing S. 1601 would cost about $210 million over the 
2005-2008 period to operate programs that would be authorized 
under the bill.

Indian Child Abuse Treatment Grants

    Section 7 of the bill would authorize the appropriation of 
such sums as necessary for fiscal years 2005 through 2010 to 
provide grants to Indian tribes to treat child abuse. The 
grants would be administered by the IHS. CBO estimates that the 
grants would cost $6 million in 2005 and $41 million over the 
2005-2008 period, assuming appropriation of the necessary 
funds.

Indian Child Resource and Family Services Centers

    Section 8 would authorize the appropriation of such sums as 
are necessary for Indian Child Resource and Family Services 
Centers. Such centers would provide technical assistance, 
develop training materials, and provide consultation to Indian 
tribes regarding family violence, child abuse, and child 
neglect. Based on information from BIA, CBO estimates that 
implementing this section would cost about $4 million a year to 
staff such centers, assuming appropriation of the necessary 
amounts.

Indian Child Protection and Family Violence Prevention Program

    Section 9 would authorize the appropriation of such sums as 
are necessary for the BIA to provide assistance to tribes to 
establish child protection services. Based on information from 
BIA, CBO estimates that implementing this section would cost 
about $155 million over the 2005-2008 period to staff child 
protection centers for federally recognized tribes, assuming 
appropriation of the necessary amounts. Funds would be 
distributed to all tribes based on a formula established by 
BIA.
    Estimated Impact on state, local, and tribal governments: 
S. 1601 contains an intergovernmental mandate as defined in 
UMRA, but CBO estimates that the cost of that mandate would not 
exceed the threshold established in that act ($60 million in 
2004, adjusted annually for inflation).
    The bill would expand an existing mandate that now requires 
reporting of child abuse cases on tribal lands. It would add a 
specific new requirement that local law enforcement agencies 
report such cases to the state when the alleged abuser is a 
non-Indian and that person appears to have committed a crime. 
This would apply primarily to tribal agencies, who already 
report most such cases to state and/or federal agencies. We 
expect that this additional requirement would not impose a 
significant new burden on the tribes.
    S. 1601 would benefit tribes by authorizing federal funds 
for programs, including grants, on Indian lands. It would 
create a new demonstration project under which tribes could 
consolidate federal funds from different sources to develop 
integrated child abuse programs. The bill also includes some 
additional grant conditions, however. It would require tribes 
receiving certain federal funds to conduct background 
investigations of contractors and volunteers who have regular 
contact with Indian children. Federal law now requires such 
investigations only for tribal employees.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Lanette J. Walker and 
Eric Rollins; Impact on State, Local, and Tribal Governments: 
Marjorie Miller; and Impact on the Private Sector: Cecil 
McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy 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. 1601 will 
have minimal regulatory or paperwork impact.

                        Executive Communications

    The Committee received oral testimony from the U.S. 
Departments of Interior and Health and Human Services at the 
hearing on S. 1601 held on September 24, 2003. The Committee 
also received the following written testimony from the U.S. 
Departments of Health and Human Services and Justice.

                Statement of U.S. Department of Justice

    Mr. Chairman, Mr. Vice-Chairman and Members of the 
Committee, this is the Department of Justice's statement for 
the record supporting S. 1601, a bill to amend the Indian Child 
Protection and Family Violence Prevention Act to provide for 
the reporting and reduction of child abuse and family violence 
incidences on Indian reservations. The Department of Justice 
remains committed to addressing child abuse, neglect, and 
domestic violence in Indian country.
    The Department applauds the changes proposed in S. 1601. 
They will encourage more effective recognition of the enormous 
problems of child abuse and family violence in Indian country 
as well as more effective prevention and intervention 
approaches. Reflecting the Department's recognition of the 
gravity of these problems, the United States Attorneys in 
Indian country expend significant resources prosecuting violent 
crimes generally, including child abuse and domestic violence 
cases. One of the top priorities of the Attorney General's 
Advisory Committee, Native American Issues Subcommittee is 
Indian country law enforcement, particularly violent crime 
issues such as domestic violence, child abuse, and sexual 
offenses. One important tool of the U.S. Attorneys' Offices in 
this area is the multi-disciplinary teams (MDT) or child 
protection teams (CPT). These teams usually consist of an 
Assistant U.S. Attorney and representatives from the FBI, BIA 
law enforcement, Indian Health Services, tribal health 
services, BIA Social Services and Education Office, tribal law 
enforcement officials, and sometimes school officials. The 
broad representation found in these MDTs and CPTs is critical 
to the discovery, documentation, and reporting of child abuse 
cases as required by 25 U.S.C. 3203. Further efforts to improve 
upon this type of inter-agency cooperation and information 
sharing can only improve prevention as well as facilitate 
effective investigations and prosecutions. Background 
investigations that include fingerprint checks will be an 
important, additional tool for prevention. The Department also 
suggests a review of tribal as well as state criminal history 
data sources.
    We note that this legislative proposal calls for a study, 
in consultation with the Secretary of Health and Human Services 
and the Attorney General, ``to identify impediments to the 
reduction of child abuse on Indian reservations.'' A prior 
section of the proposal calls for improved tribal 
infrastructures ``to maintain and coordinate databases.'' Given 
the importance of accurate information for any study of this 
type, and the vital role played by the FBI in Indian country 
law enforcement, we suggest consultation with the FBI in any 
law enforcement database management efforts. In addition, to 
avoid any conflict with the Recommendations Clause of the 
Constitution, we recommend that proposed section 405(c)(2)(B) 
of the bill be amended to direct the Secretary to include in 
her report only those recommendations that she deems 
appropriate. In a similar vein, the reporting requirements in 
Sec. 3203 are quite robust on paper. Unfortunately, the reality 
of Indian country is that the detailed and important 
information of this type is not always available. Perhaps 
additional, parallel steps should be considered to improve the 
quality of reporting. Certainly, the development of strategies 
to shield child protection workers from retribution is an 
essential step in that direction.
    The Department also supports the goals of S. 1601 through 
grants and other programs. The Office of Justice Programs' 
Office for Victims of Crime administers up to 25 grants 
annually under the Children's Justice Act (CJA) to improve the 
investigation, prosecution, and handling of child abuse cases 
in Indian country. Tribal communities nationwide have used 
these grants for activities such as training law enforcement 
and court staff on how to work with child abuse victims, and 
establishing protocols for handling these cases. CJA funds can 
also be used for court advocacy of child abuse victims and 
revising tribal codes to better address this crime. Also 
important is the work of the Department's Office on Violence 
Against Women (OVW). The OVW spearheads several initiatives to 
support American Indian and Alaskan Native efforts to address 
family violence. OVW's STOP Violence Against Indian Women 
Discretionary Grant Program supports tribes' efforts to 
investigate and prosecute violent crimes against women and to 
strengthen services for victims of these crimes. Under this 
program, OVW currently supports over 125 Indian tribal 
governments, including consortia, which represent a total of 
200 tribes nationwide. In addition, OVW's Tribal Domestic 
Violence and Sexual Assault Coalitions Grant Program helps non-
profit tribal coalitions improve systemic and community 
responses to victims in Indian country. This program helps 
tribal communities identify gaps in services so that domestic 
violence and sexual assault victims do not fall through the 
cracks. OVW also provides training and technical assistance to 
tribes on a wide range of issues, including training judges, 
prosecutors, attorneys, and legal advocates about how to 
improve the tribal justice system's response to domestic 
violence.
    We understand that today's tribal communities face serious 
challenges in the area of child abuse and family violence. All 
of us must work together to ensure that predators can no longer 
abuse Indian children. The Department of Justice will continue 
to prosecute these cases and to work closely with the Committee 
and tribal governments to address the high rates of violence in 
Indian country. The Department applauds the Committee's 
attention to this extremely important subject.
    Thank you for the opportunity to express our views on S. 
1601.
                                ------                                


 Statement of Charles W. Grim, D.D.S, M.H.S.A, Director Indian Health 
          Service, the Department of Health and Human Services

    Mr. Chairman and Members of the Committee: Good morning, I 
am Dr. Charles Grim, Director of the Indian Health Service 
(IHS). Today, I am accompanied by Dr. Jon Perez, Director, 
Division of Behavioral Health, IHS. We are pleased to have this 
opportunity to testify on behalf of Secretary Thompson on S. 
1601, the Indian Child Protection and Family Violence 
Prevention Act of 2003.
    The IHS has the responsibility for the delivery of health 
services to more than 1.6 million Federally-recognized American 
Indians and Alaska Natives (AI/ANs) through a system of IHS, 
tribal, and urban (I/T/U) operated facilities and programs 
based on treaties, judicial determinations, and Acts of 
Congress. The mission of the agency is to raise the physical, 
mental, social, and spiritual health of AI/ANs to the highest 
level, in partnership with the population we serve. The agency 
goal is to assure that comprehensive, culturally acceptable 
personal and public health services are available and 
accessible to the service population. Our foundation is to 
promote healthy AI/AN people, communities, and cultures and to 
honor and protect the inherent sovereign rights of Tribes.
    Secretary Thompson, too, has been extremely proactive in 
raising the awareness of tribal issues within the Department by 
contributing to our capacity to speak with one voice, as One 
Department, on behalf of tribes. As such, he has recognized the 
authority provided in the Native American Programs Act of 1974 
and reestablished the Intradepartmental Council for Native 
American Affairs which considers cross cutting issues and seeks 
opportunities for collaboration and coordination among 
Department programs serving Native Americans. The Council 
serves as an advisory body to the Secretary and has 
responsibility to assure that Native American policy is 
implemented across all Divisions in the Department including 
human services programs. As Vice-Chair of the Secretary's 
Council, the IHS Director facilities advocacy, promotes 
consultation, reports directly to the Secretary, collaborates 
directly with the Assistant Secretary for Health, advises the 
heads of all the Department's divisions and coordinates 
activities of the Department on Native American health and 
human services issues.
    Our Indian families are strong, but besieged by the numbing 
effects of poverty, lack of resources, and limited opportunity. 
The Indian Child Abuse and Family Violence Prevention Act (P.L. 
101-630) was passed in 1990 and the IHS has since endeavored to 
meet the spirit and intent of the Act. In 1996 the IHS 
instituted the Domestic Violence and Child Abuse Prevention 
Initiative to address more directly the concerns regarding 
violence against women and child abuse and neglect in AI/AN 
communities. The initiative's purpose is to improve the IHS, 
tribal, and urban Indian health care response to domestic 
violence by providing education, training, and support to 
health care providers. The overarching goal is to improve 
health care providers' capability to provide early 
identification and culturally appropriate responses to victims 
of familial violence, particularly women and children, in AI/AN 
communities.
    In support of the initiative, the IHS works independently 
as well as collaboratively with other federal agencies 
concerned with domestic violence issues to:
          1. Provide programs and products;
          2. Provide training and training materials;
          3. Identify other resources and potential funding 
        streams for AI/AN programs;
          4. Advocate for funding and services for IHS and AI/
        AN tribal community clinics and organizations that 
        provide services to domestic violence victims and their 
        children;
          5. Facilitate the development of protocols on 
        domestic violence that are being implemented in IHS 
        clinics and hospitals to ensure that victims of 
        domestic violence receive appropriate treatment and 
        referrals; and
          6. Insure the quality and character of the IHS staff 
        providing services to our AI/AN families and children.
    Some of the actions taken to achieve these goals include:
     The Indian Child Protection and Child Abuse 
Prevention Demonstration Projects for Mental Health/Social 
Services for AI/ANs. Directly funded by IHS, this program 
initiative provided $4,275,019 in financial assistance to 
federally-recognized Indian tribes or tribal organizations or 
to non-profit organizations serving primarily AI/ANs to 
establish programs for child protective services, child abuse 
prevention (including family violence prevention), and 
educational programs aimed at child abuse prevention, which 
were community based and culturally relevant to AI/ANs. The 
grants spanned the period from August 1997 through July 2002.
    Included over this period were:
    1. Pueblo of Isleta--provided interventions, activities and 
community awareness campaigns across the Pueblo. In cases of 
child abuse and neglect the program supported temporary 
placement of children out of the home with extended family 
placements. As a community based program, it collaborated with 
other treatment providers in the community (Tribal Courts, 
Isleta Substance Abuse Program, Mental Health, Diabetes 
Program, Isleta Elementary School and the Isleta Police 
Department) to provide a more comprehensive child abuse support 
and intervention safety net than had been possible before.
    2. Little Traverse Bay Bands of Odawa--the Grandmother's 
Wisdom program offered the Odawa membership a counseling/
therapy component that provided intensive therapeutic services: 
(1) A treatment protocol that focused on traditional Anishnabe 
childrearing practices; worked with the Human Services 
Department in the child protection program which is the first 
point of contact for Anishnabe families of child abuse or 
family violence, and (2) Provide educational outreach training 
to the public on topics of child abuse, domestic violence 
issues, anger management, positive parenting, self-esteem.
    3. Southern California Indian Center, Inc.--provided both 
treatment services and prevention education through outreach, 
crisis intervention and referrals, professional counseling, 
assistance with emergency services, and educational workshops 
to the urban Indian population of Southern California, 
primarily the Los Angeles area.
    4. Indian Health Care Resource Center of Tulsa, Inc.--
provided individual and family counseling for victims of child 
abuse/neglect as well as those who have been convicted of child 
abuse or neglect. Psychiatric services were provided to 
children who had significant emotional or behavioral problems 
which would benefit from such treatment.
    5. Confederated Tribes of Siletz Indians--conducted child 
developmental assessments, mental health evaluations, and 
provided therapy planning to address the children's needs. 
Therapy often included family therapy for assisting adult care 
providers to meet their child's needs and promote health, 
safety and to strengthen parenting skills. This program also 
worked with 11 counties to allow for Police backup in the event 
such support was needed for conducting a child intervention/
investigation and for emergency services.
     The University of Oklahoma's Project Making 
Medicine is funded through an Interagency Agreement with the 
Administration for Children and Families, Office of Child Abuse 
and Neglect, DHHS. Project Making Medicine is a 2 week 
culturally sensitive training program on the treatment of child 
physical and sexual abuse with consultation and follow-up. Once 
the participant completes the 2 week training, the Project 
Making Medicine staff schedule an on-site visit at the 
participant's local community and assists the participant in 
conducting a community wide training in the prevention and 
awareness of child abuse and neglect. Project Making Medicine 
has trained over 150 professionals working with Native children 
on reservations around the country.
     With funds provided by IHS, The University of 
Oklahoma Health Sciences Center is finalizing the development 
of a child protection manual available to the IHS, Bureau of 
Indian Affairs, Tribal and Urban Indian health staff involved 
with providing child abuse and neglect and domestic violence 
services in AI/AN communities. The Handbook will be in a format 
so it can serve dual purposes as a training manual (goals, 
objectives, agenda, small group activities, etc.) and/or as a 
technical manual (statistics, definitions, indicators, legal 
and ethical responsibilities, group dynamics, confidentiality, 
referrals, treatment issues, standard forms/templates, 
resources, etc.).
     The IHS entered into an Inter-Agency Agreement 
with the Department of Justice, Office of Victims of Crime, to 
provide $414,000 in funding over a period of four years, from 
1999 through 2003, to provide training for IHS physicians and 
nurse practitioners in the application of forensic and 
telemedicine equipment in child sexual abuse cases. The funding 
provided 5 day intensive trainings in forensic evaluation 
techniques and telemedicine, and included the purchase of 
telemedicine equipment, coloscopes, and accessories at many 
Indian health facilities.
     The IHS has developed the Mental Health and 
Community Safety Initiative (MHCSI) for AI/AN Children, Youth, 
and Families. This grant program for Fiscal Years 2003 through 
2011 (assuming continued appropriations), funds $500,000 
annually for cooperative agreements to develop innovative 
strategies that focus on the mental health, behavioral, 
substance abuse, and community safety needs of AI/AN young 
people and their families who are involved in or at risk for 
involvement with the juvenile justice system. This effort was 
first initiated through the White House Domestic Policy Council 
to provide federally recognized Tribes and eligible Tribal 
organizations with assistance to plan, design, and assess the 
feasibility of implementing a culturally appropriate system of 
care for AI/ANs. The MHCSI Planning Phase cooperative agreement 
program (years 1-3) will fund development of actual services. 
The Implementation Phase (years 4-8) will follow with the 
provision of program services planned in the first phase. An 
important focus will be to integrate traditional healing 
methods indigenous to the communities with conventional 
treatment methodologies. One of the primary foci of the program 
is child abuse and neglect: to identify and develop systems of 
care for victims of child abuse and neglect who are involved 
and/or at risk of being involved with the juvenile justice 
system. These cooperative agreements are established under the 
authority of 25 U.S.C. 1621h(m). There will be only one funding 
cycle during fiscal year (FY) 2003.
     Section 408 of P.L. 101-630 requires the IHS (and 
BIA) to compile a list of all authorized positions within the 
IHS where the duties and responsibilities of which involve 
regular contact with, or control over, Indian children; to 
conduct an investigation of the character of each individual 
who is employed, or is being considered for employment in a 
position having regular contact with, or control over, Indian 
children and; to prescribe by regulations the minimum standards 
of character that individual must meet to be appointed to 
positions having regular contact with, or control over, Indian 
children. The law also requires that the IHS regulations 
prescribing the minimum standards of character ensure that none 
of the individuals appointed to positions which involve regular 
contact with, or control over, Indian children have been found 
guilty of, or entered a plea of nolo contendere or guilty to, 
any felonious offense, or any two or more misdemeanor offenses 
under Federal, State, or Tribal law involving crimes of 
violence; sexual assault, molestation, exploitation, contact or 
prostitution; crimes against persons; or offenses committed 
against children.
     Section 408(c) requires that Tribes or Tribal 
organizations who receive funds under the Indian Self-
Determination and Education Assistance Act, P.L. 93-638, employ 
individuals in positions involving regular contact with or 
control over Indian children only if the individuals meet 
standards of character no less stringent than those prescribed 
under the IHS regulations.
     The IHS published an Interim Final Rule 
establishing minimum standards of character and the regulations 
became effective November 22, 2002. The final regulations 
incorporate technical amendments enacted by Congress on 
December 27, 2000, pursuant to section 814, the Native American 
Laws Technical Corrections Act of 2000. The final regulations 
established that the minimum standards of character have been 
met only after individuals, in positions involving regular 
contact with or control over Indian children, have been the 
subject of a satisfactory background investigation and it has 
been determined that these individuals have not been found 
guilty of, or entered a plea of nolo contendere or guilty to, 
any felonious offense, or any two or more misdemeanor offenses 
under Federal, State, or Tribal law involving crimes of 
violence; sexual assault, molestation, exploitation, contact or 
prostitution; crimes against persons; or offenses committed 
against children.
     Section 6 of S. 1601 amends section 408 to extend 
the character investigation requirements to ``volunteer and 
contractor positions.'' The IHS regulations, at 42 CFR 136.403, 
includes volunteers and contractors within the definition of 
individuals covered by section 408. Section 6 further amends 
section 408 to specifically require a background check, based 
on a set of fingerprints conducted by the Federal Bureau of 
Investigations (FBI) and a review of applicable State criminal 
history repositories. The IHS regulations, at 42 CFR 136.406, 
includes these requirements as part of the background 
investigation of an individual to determine whether minimum 
standards of character have been met. I have enclosed a copy of 
the Interim Final Rule as an addendum to my testimony.
    The results of the efforts highlighted above, as well as 
the increased IHS and tribal emphasis on daily clinical 
identification of and care for victims of abuse have only 
served to stabilize an alarming problem. Data indicate an 
average of approximately 4,500 clinical contacts a year related 
to child abuse, neglect, and the psychological after effects of 
such victimization. The number of contacts has remained at 
approximately the same level for several years. It is high, it 
is unacceptable, it happens for many reasons, but it does not 
happen in isolation from the economic and social problems 
plaguing Indian Country. It will take resources, not only for 
IHS, but for a broad range of federal and tribal support to 
improve not just clinical services for abuse victims, but to 
positively affect the underlying economic and social cauldron 
of despair from which so much of the violence in Indian Country 
springs.
    The IHS plans to continue its present projects and 
initiative efforts to address domestic violence and child abuse 
and neglect. It will also seek to expand services within AI/AN 
communities by consulting with IHS health care facilities, 
tribes, and urban Indian clinics as well as through 
collaboration and advocacy with other federal agencies because 
the goal of reducing and ultimately preventing violence among 
our families and against our children will require all our 
efforts. I am confident in IHS's commitment to that goal and 
its ability to effectively and innovatively use the resources 
it is given to maximum positive effect. There is a long road 
ahead of us, but we are prepared to continue our efforts to 
address these important issues.
    Mr. Chairman, that concludes my prepared remarks and I 
would be pleased to answer any questions you or other members 
of the Committee may have.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes the following 
changes in existing law made by the bill, S. 1601, as ordered 
reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman):

  AN ACT TO AUTHORIZE THE RUMSEY INDIAN RANCHERIA TO CONVEY A CERTAIN 
                             PARCEL OF LAND


                           Public Law 101-630


  AN ACT To authorize the Rumsey Indian Rancheria to convey a certain 
                             parcel of land

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

           *       *       *       *       *       *       *


TITLE IV. INDIAN CHILD PROTECTION

           *       *       *       *       *       *       *


SEC. 401. SHORT TITLE.

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

SEC. 402. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress, after careful review of the 
problem of child abuse on Indian reservations and the 
historical and special relationship of the Federal Government 
with Indian people,
                  [(1) finds that--
                  [(A) the incidents of abuse of children on 
                Indian are grossly underreported;
                  [(B) such underreporting is often a result of 
                the lack of a mandatory Federal reporting law;
                  [(C) multiple incidents of sexual abuse of 
                children on Indian reservations have been 
                perpetrated by persons employed or funded by 
                the Federal Government;
                  [(D) Federal Government investigations of the 
                background of Federal employees who care for, 
                or teach, Indian children are often deficient;]
          (1) finds that--
                  (A) Indian children are the most important 
                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
                  [(E)] (D) funds spent by the United States 
onIndian reservations [or otherwise spent] for the benefit of [Indians 
who are] 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 [of child 
abuse or family violence] and their families;
                  [(F) there is no resource more vital to the 
                continued existence and integrity of Indian 
                tribes than their children and the United 
                States has a direct interest, as trustee, in 
                protecting Indian children who are members of, 
                or are eligible for membership in, an Indian 
                tribe;]
          (2) declares that the [two] major goals of the United 
        States are to--
                  (A) identify the scope of incidents of abuse 
                of children and family violence in Indian 
                country and to reduce such incidents;
                  (B) provide funds for developing a 
                comprehensive tribal child abuse and family 
                violence program including training and 
                technical assistance for identifying, 
                addressing and decreasing such incidents and 
                for mental health treatment for Indian victims 
                of child abuse and family violence on Indian 
                reservations[.];
                  (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;
                  (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.
    (b) Purpose.--The purposes of this chapter are to--
          (1) require that reports of abused Indian children 
        are made to the appropriate authorities in an effort to 
        prevent and prosecute child [further] abuse;
          (2) establish a reliable data base for statistical 
        purposes and to build tribal infrastructure needed to 
        maintain and coordinate data bases [authorize a study 
        to determine the need for a central registry for 
        reported incidents of abuse];
          [(3) authorize such other actions as are necessary to 
        ensure effective child protection in Indian country;]
          [(4)] (3) establish the Indian Child Abuse Prevention 
        and Treatment Grant Program to provide funds for the 
        establishment on Indian reservations of treatment 
        programs for victims of child [sexual] abuse;
          [(5)] (4) provide for technical assistance and 
        training related to the investigation, prevention and 
        treatment of cases of child abuse and neglect;
          [(6)] (5) establish Indian Child Resource and Family 
        Services Centers in each Bureau of Indian Affairs 
        Regional [Area] Office which will consist of multi-
        disciplinary teams of personnel with experience and 
        training in the prevention, identification, 
        investigation, and treatment of child abuse and 
        neglect;
          [(7)] (6) provide for the treatment and prevention of 
        incidents of child abuse and family violence through 
        tribally operated programs;
          (7) conduct a study to identify the impediments to 
        effective prevention, investigation, prosecution and 
        treatment of child abuse;
          [(8) establish tribally-operated program to protect 
        Indian children and reduce the incidents of family 
        violence in Indian country; and]
          (8) develop strategies to protect the safety of the 
        child protection workers while performing 
        responsibilities under this title; and
          (9) authorize other actions necessary to ensure 
        effective child protection on Indian reservations.

SEC. 403. DEFINITIONS.

    For the purposes of this chapter, the term--
          (1) ``Bureau'' means the Bureau of Indian Affairs of 
        the Department of the Interior;
          (2) ``child'' means an individual who--
                  (A) is not married, and
                  (B) has not attained 18 years of age;
          (3) ``child abuse'' includes but is not limited to
                  (A) any case in which--
                          (i) a child is dead or exhibits 
                        evidence of skin bruising, bleeding, 
                        malnutrition, failure to thrive, burns, 
                        fracture of any bone, subdural 
                        hematoma, soft tissue swelling, and
                          (ii) such condition is not 
                        justifiably explained or may not be the 
                        product of an accidental occurrence; 
                        [and]
                  (B) any case in which a child is subjected to 
                sexual assault, sexual molestation, sexual 
                exploitation, sexual contact, or prostitution; 
                and
                  (C) any case in which a child is exposed to 
                family violence;
          (4) ``child neglect'' includes but is not limited to, 
        negligent treatment or maltreatment of a child by a 
        person, including a person responsible for the child's 
        welfare, under circumstances which indicate that the 
        child's health or welfare is harmed or threatened 
        thereby;
          (5) ``family violence'' means any act, or threatened 
        act, of violence, including any forceful detention of 
        an individual, which--
                  (A) results, or threatens to result, in 
                physical or mental injury, and
                  (B) is committed by an individual against 
                another individual--
                          (i) to whom such person is, or was, 
                        related by blood or marriage or 
                        otherwise legally related, or
                          (ii) with whom such person is, or 
                        was, residing;
          (6) ``Indian'' means any individual who is a member 
        of an Indian tribe;
          (7) ``Indian child'' has the meaning given to such 
        term by section 1903(4) of this title;
          (8) ``Indian country'' has the meaning given to such 
        term by section 1151 of title 18;
          (9) ``Indian reservation'' means any Indian 
        reservation, public domain Indian allotment, former 
        Indian reservation in Oklahoma, or lands held by 
        incorporated Native groups, regional corporations, or 
        village corporations under the provisions of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.) ;
          (10) ``Indian tribe'' and ``tribal organization'' 
        have the respective meanings given to each of such 
        terms under section 450b of this title;
          (11) ``inter-tribal consortium'' means a partnership 
        between--
                  (A) an Indian tribe or tribal organization of 
                an Indian tribe, and
                  (B) one or more Indian tribes or tribal 
                organizations of one or more other Indian 
                tribes;
          (12) ``local child protective services agency'' means 
        that agency of the Federal Government, of a State, or 
        of an Indian tribe that has the primary responsibility 
        for child protection on any Indian reservation or 
        within any community in Indian country;
          (13) ``local law enforcement agency'' means that 
        Federal, tribal, or State law enforcement agency that 
        has the primary responsibility for the investigation of 
        an instance of alleged child abuse within the portion 
        of Indian country involved;
          (14) ``persons responsible for a child's welfare'' 
        means any person who has legal or other recognized duty 
        for the care and safety of a child, including--
                  (A) any employee or volunteer of a children's 
                residential facility, and
                  (B) any person providing out-of-home care, 
                education, or services to children;
          (15) ``related assistance''--
                  (A) includes counseling and self-help 
                services to abusers, victims, and dependents in 
                family violence situations (which shall include 
                counseling of all family members to the extent 
                feasible) and referrals for appropriate 
                healthcare services (including alcohol and drug 
                abuse treatment), and
                  (B) may include food, clothing, child care, 
                transportation, and emergency services for 
                victims of family violence and their 
                dependents;
          (16) ``Secretary'' means the Secretary of the 
        Interior;
          (17) ``shelter'' means the provision of temporary 
        refuge and related assistance in compliance with 
        applicable Federal and tribal laws and regulations 
        governing the provision, on a regular basis, of 
        shelter, safe homes, meals, and related assistance to 
        victims of family violence or their dependents; and
          (18) ``Service'' means the Indian Health Service of 
        the Department of Health and Human Services.

SEC. 404. REPORTING PROCEDURES.

      (a) Omitted.
      (b) Notification of Child Abuse Reports.--
          (1) When a local law enforcement agency or local 
        child protective services agency receives an initial 
        report from any person of--
                  (A) the abuse of a child in Indian country, 
                or
                  (B) actions which would reasonably be 
                expected to result in abuse of a child in 
                Indian country, the receiving agency shall 
                immediately notify appropriate officials of the 
                other agency of such report and shall also 
                submit, when prepared, a copy of the written 
                report required under subsection (c) of this 
                section to such agency.
          (2) Where a report of abuse involves an Indian child 
        or where the alleged abuser is an Indian and where a 
        preliminary inquiry indicates a criminal violation has 
        occurred, the local law enforcement agency, if other 
        than the Federal Bureau of Investigation, shall 
        immediately report such occurrence to the Federal 
        Bureau of Investigation.
          (3) Cooperative reporting.--If--
                  (A) a report of abuse or family violence 
                involvesan 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.
    (c) Written Report of Child Abuse.--
          (1) Within 36 hours after receiving an initial report 
        described in subsection (b) of this section, the 
        receiving agency shall prepare a written report which 
        shall include, if available--
                  (A) the name, address, age, and sex of the 
                child that is the subject of the report;
                  (B) the grade and the school in which the 
                child is currently enrolled;
                  (C) the name and address of the child's 
                parents or other person responsible for the 
                child's care;
                  (D) the name and address of the alleged 
                offender;
                  (E) the name and address of the person who 
                made the report to the agency;
                  (F) a brief narrative as to the nature and 
                extent of the child's injuries, including any 
                previously known or suspected abuse of the 
                child or the child's siblings and the suspected 
                date of the abuse; and
                  (G) any other information the agency or the 
                person who made the report to the agency 
                believes to be important to the investigation 
                and disposition of the alleged abuse.
          (2)(A) Any local law enforcement agency or local 
        child protective services agency that receives a report 
        alleging abuse described in section 3202(3) of this 
        title shall immediately initiate an investigation of 
        such allegation and shall take immediate, appropriate 
        steps to secure the safety and well-being of the child 
        or children involved.
          (B) Upon completion of the investigation of any 
        report of alleged abuse that is made to a local law 
        enforcement agency or local child protective services 
        agency, such agency shall prepare a final written 
        report on such allegation;
    (d) Confidentiality of Informant.--The identity of any 
person making a report described in subsection (b)(1) of this 
section shall not be disclosed, without the consent of the 
individual, to any person other than a court of competent 
jurisdiction or an employee of an Indian tribe, a State or the 
Federal Government who needs to know the information in the 
performance of such employee's duties.

[SEC. 405. CENTRAL REGISTRY.

    [(a) Preparation of Study.--The Secretary, in consultation 
with the Secretary of Health and Human Services and the 
Attorney General of the United States, is hereby authorized and 
directed to prepare a written study on the feasibility of and 
need for, the establishment of a Central Register for reports 
or information on the abuse of children in Indian country.
    [(b) Content of Study.--The study conducted pursuant to 
subsection (a) of this section shall include, but shall not be 
limited to--
          [(1) the need for, and purpose of, a Central 
        Register;
          [(2) the examination of due process implication of 
        the maintenance of such a register;
          [(3) the extension of access to information contained 
        in the Register;
          [(4) the need and process for expunging information 
        from the Register;
          [(5) the types, and duration of maintenance, of 
        information in the Register; and
          [(6) the classes of persons who should be covered by 
        such Register.
    [(c) Submission to Congress.--The Secretary shall complete 
the study conducted pursuant to this section and shall submit 
such study, together with recommendations and draft legislation 
to implement such recommendations, to the Congress within 180 
days after November 28, 1990.]

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 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. 406. CONFIDENTIALITY.

    Pursuant to section 552a of title 5, the Family Educational 
Rights and Privacy Act of 1974 (20 U.S.C. 1232g), or any other 
provision of law, agencies of any Indian tribe, of any State, 
or of the Federal Government that investigate and treat 
incidents of abuse of children may provide information and 
records to those agencies of any Indian tribe, any State, or 
the Federal Government that need to know the information in 
performance of their duties. For purposes of this section, 
Indian tribal governments shall be treated the same as other 
Federal Government entities.

SEC. 407. WAIVER OF PARENTAL CONSENT.

    (a) Examinations and Interviews.--Photographs, x-rays, 
medical examinations, psychological examinations, and 
interviews of an Indian child alleged to have been subject to 
abuse in Indian country shall be allowed without parental 
consent if local child protective services or local law 
enforcement officials have reason to believe the child has been 
subject to abuse.
    (b) Interviews by Law Enforcement and Child Protective 
Services Officials.--In any case in which officials of the 
local law enforcement agency or local child protective services 
agency have reason to believe that an Indian child has been 
subject to abuse in Indian country, the officials of those 
agencies shall be allowed to interview the child without first 
obtaining the consent of the parent, guardian, or legal 
custodian.
    (c) Protection of Child.--Examinations and interviews of a 
child who may have been the subject of abuse shall be conducted 
under such circumstances and with such safeguards as are 
designed to minimize additional trauma to the child and, where 
time permits, shall be conducted with the advice, or under the 
guidance, of a local multidisciplinary team established 
pursuant to section 3210 of this title or, in the absence of a 
local team, a multidisciplinary team established pursuant to 
section 3209 of this title.
    (d) Court Orders.--Upon a finding of reasonable suspicion 
that an Indian child has been the subject of abuse in Indian 
country, a Federal magistrate judge or United States District 
Court may issue an order enforcing any provision of this 
section.

SEC. 408. CHARACTER INVESTIGATIONS.

    (a) By Secretary of the Interior and Secretary of Health 
and Human Services.--The Secretary and the Secretary of Health 
and Human Services shall--
          (1) compile a list of all authorized positions 
        (including contracted and volunteer positions) within 
        their respective departments the duties and 
        responsibilities of which involve regular contact with, 
        or control over, Indian children,
          (2) conduct an investigation of the character of each 
        individual who is employed, or is being considered for 
        employment, by the respective Secretary in a position 
        listed pursuant to paragraph (1), and
          (3) prescribe by regulations minimum standards of 
        character that each of such individuals must meet to be 
        appointed to such positions[.] 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.
    (b) Criminal Records.--The minimum standards of character 
that are to be prescribed under this section shall ensure that 
none of the individuals appointed to positions described in 
subsection (a) of this section have been found guilty of, or 
entered a plea of nolo contendere or guilty to, any felonious 
offense, or any of two or more misdemeanor offenses, under 
Federal, State, or tribal law involving crimes of violence; 
sexual assault, molestation, exploitation, contact or 
prostitution; crimes against persons; or offenses committed 
against children.
    (c) Investigations by Indian Tribes and Tribal 
Organizations.--
          (1) In general.--Each Indian tribe or tribal 
        organization that receives funds under the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450 et seq.) or the Tribally Controlled Schools Act of 
        1988 (25 U.S.C. 2501 et seq.) shall--
                  [(1)] (A) conduct an investigation of the 
                character of each individual who is a volunteer 
                or contractor or is employed, or is being 
                considered for employment, by such tribe or 
                tribal organization in a position that involves 
                regular contact with, or control over, Indian 
                children, and
                  [(2)] (B) contract with, accept or employ 
                individuals in those positions only if the 
                individuals meet standards of character, no 
                less stringent than those prescribed under 
                subsection (a) of this section, as the 
Indiantribe or tribal organization shall establish.
      (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. 409. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

    (a) Establishment.--The Secretary of Health and Human 
Services, acting through the Service and in cooperation with 
the Bureau, shall establish an Indian Child Abuse Treatment 
Grant Program that provides grants to any Indian tribe or 
intertribal consortium for the establishment on Indian 
reservations of treatment programs for Indians who have been 
victims of child [sexual] abuse.
    (b) Grant Applications.--
          (1) Any Indian tribe or intertribal consortium may 
        submit to the Secretary of Health and Human Services an 
        application for a grant under subsection (a) of this 
        section.
          (2) Any application submitted under paragraph (1)--
                  (A) shall be in such form as the Secretary of 
                Health and Human Services may prescribe;
                  (B) shall be submitted to such Secretary on 
                or before the date designated by such 
                Secretary; and
                  (C) shall specify--
                          (i) the nature of the program 
                        proposed by the applicant,
                          (ii) the data and information on 
                        which the program is based,
                          (iii) the extent to which the program 
                        plans to use or incorporate existing 
                        services available on the reservation, 
                        and
                          (iv) the specific treatment concepts 
                        to be used under the program.
    (c) Maximum Grant Amount.--The maximum amount of any grant 
awarded under subsection (a) of this section shall not exceed 
$500,000.
    (d) Grant Administration and Final Report.--Each recipient 
of a grant awarded under subsection (a) of this section shall--
          (1) furnish the Secretary of Health and Human 
        Services with such information as such Secretary may 
        require to--
                  (A) evaluate the program for which the grant 
                is made, and
                  (B) ensure that the grant funds are expended 
                for the purposes for which the grant was made, 
                and
          (2) submit to such Secretary at the close of the term 
        of the grant a final report which shall include such 
        information as the Secretary may require.
    (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 projectsestablished 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.
    [(e)] (f) Authorization of Appropriations.--[there] There 
is hereby authorized to be appropriated to carry out the 
provisions of this section [$10,000,000 for each of the years 
1992, 1993, 1994, 1995, 1996 and 1997] such sums as are 
necessary to carry out this section for each of the fiscal 
years 2005 through 2010, or which a specific sum shall be 
specifically set aside each year for the demonstration projects 
established under subsection (e).

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

    (a) Establishment.--The Secretary shall establish within 
each Regional [area] office of the Bureau an Indian Child 
Resource and Family Services Center.
    (b) Memorandum of Agreement.--The Secretary, [and] the 
Secretary of Health and Human Services, and the Attorney 
General shall enter into a Memorandum of Agreement which 
provides for the staffing of the Centers established under this 
section.
    (c) Center Staffing.--Each Center established under 
subsection (a) of this section shall be staffed by a 
multidisciplinary team of personnel with experience and 
training in prevention, identification, ivestigation, and 
treatment of incidents of family violence, child abuse, and 
child neglect.
    (d) Center Responsibilities and Functions.--Each Center 
established under subsection (a) of this section shall--
          (1) provide advice, technical assistance, and 
        consultation to Indian tribes, tribal organizations, 
        and inter-tribal consortia upon request;
          (2) provide training to appropriate personnel of 
        Indian tribes, tribal organizations, the Bureau and the 
        Service on the identification and investigation of 
        cases of family violence, child abuse, and child 
        neglect and, to the extent practicable, coordinate with 
        institutions of higher education, including tribally 
        controlled community colleges, to offer college-level 
        credit to interested trainees;
          (3) develop training materials on the prevention, 
        identification, investigation, and treatment of 
        incidents of family violence, child abuse, and child 
        neglect for distribution to Indian tribes and to tribal 
        organizations;
          (4) develop recommendations to assist Federal and 
        tribal personnel to respond to cases of family 
        violence, child abuse, and child neglect; and
          (5) develop policies and procedures for each agency 
        office of the Bureau and service unit of the Service 
        within the Region [area] which, to the extent feasible, 
        comply with tribal laws pertaining to cases of family 
        violence, child abuse, and child neglect, including any 
        criminal laws, and which provide for maximum 
        cooperation with the enforcement of such laws.
    (e) Multidisciplinary Team Personnel.--Each 
multidisciplinary team established under this section shall 
include, but is not limited to, personnel with a background 
in--
          (1) law enforcement,
          (2) child protective services,
          (3) juvenile counseling and adolescent mental health, 
        and
          (4) domestic violence.
    (f) Center Advisory Board.--The Secretary, in consultation 
with the Secretary of Health and Human Services, shall 
establish, for each Indian Child Resource and Family Services 
Center, an advisory board to advise and assist such Center in 
carrying out its activities under this chapter. Each advisory 
board shall consist of 7 members appointed by the Secretary 
from Indian tribes and human service providers served by a 
Regional [an area] office of the Bureau. Members shall serve 
without compensation, but may be reimbursed for travel and 
other expenses while carrying out the duties of the board. The 
advisory board shall assist the Center in developing 
strategies, coordinating programs, identifying training 
materials, and developing policies and procedures relating to 
family violence, child abuse, and child neglect.
    (g) Application of Indian Self-Determination Act to 
Centers.--Indian Child Resource and Family Services Centers 
established under subsection (a) of this section shall be 
subject to the provisions of the Indian Self-Determination Act 
(25 U.S.C. 450f et seq.). If a Center is located in a Regional 
[an area] office of the Bureau which serves more than one 
Indian tribe, any application to enter into a contract to 
operatethe Center pursuant to such Act must have the consent of 
each of the other tribes to be served under the contract, except that, 
in the Alaska Region [Juneau Area], only the consent of such tribes or 
tribal consortia that are engaged in contracting of Indian Child 
Protection and Family Violence Prevention programs pursuant to such Act 
shall be required. This section shall not preclude the designation of 
an existing child resource and family services center operated by a 
tribe or tribal organization as a Center if all of the tribes to be 
served by the Center agree to such designation.
    (h) Authorization of 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, 
1995, 1996 and 1997] such sums as are necessary to carry out 
this section for each of fiscal years 2005 through 2010.

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

    (a) Establishment.--The Secretary shall establish within 
the Bureau an Indian Child Protection and Family Violence 
Prevention Program to provide financial assistance to any 
Indian tribe, tribal organization, or intertribal consortium 
for the development of an Indian Child Protection and Family 
Violence Prevention program.
    (b) Indian Self-Determination Act Agreements.--The 
Secretary is authorized to enter into agreements with Indian 
tribes, tribal organizations, or intertribal consortia pursuant 
to the Indian Self-Determination Act (25 U.S.C. 450f et seq.) 
for the establishment of Indian Child Protection and Family 
Violence Prevention programs on Indian reservations.
    (c) Investigation and Treatment and Prevention of Child 
Abuse and Family Violence.--An Indian tribe operating an Indian 
Child Protection and Family Violence Prevention program 
established under this section shall designate the agency or 
officials which shall be responsible--
          (1) for the coordination, reporting and investigation 
        of reported cases of child abuse and child neglect; and
          (2) for the treatment and prevention of incidents of 
        child abuse and family violence, including all members 
        of any multi-disciplinary child protection team; and
          (3) for the provision of immediate shelter and 
        related assistance for victims of family violence and 
        their dependents.
    (d) Program Responsibilities and Functions.--Funds provided 
pursuant to this section may be used for--
          (1) the establishment of a child protective services 
        program which may include--
                  (A) the employment of child protective 
                services staff to investigate cases of child 
                abuse and child neglect;
                  (B) training programs for child protective 
                services personnel, law enforcement personnel, 
                and judicial personnel in the investigation, 
                prevention, and treatment of cases of child 
                abuse and child neglect; and
                  (C) purchase of equipment and other related 
                items to assist in the investigation of cases 
                of child abuse and child neglect;
          (2) the establishment of a family violence prevention 
        and treatment program which may include--
                  (A) the employment of family violence 
                prevention and treatment staff to respond to 
                incidents of family violence;
                  (B) the provision of immediate shelter and 
                related assistance for victims of family 
                violence and their dependents;
                  (C) training programs for family violence 
                prevention and treatment personnel, law 
                enforcement personnel, and judicial personnel 
                in the investigation, prevention, and treatment 
                of cases of family violence; and
                  (D) construction or renovation of facilities 
                for the establishment of family violence 
                shelters;
          (3) the development and implementation of a 
        multidisciplinary child abuse investigation and 
        prosecution program which may--
                  (A) coordinate child abuse prevention, 
                investigation, prosecution, treatment, and 
                counseling services;
                  (B) develop protocols among related agencies 
                to ensure that investigations of child abuse 
                cases, to the extent practicable, minimize the 
                trauma to the child victim; [, and]
                  (C) provide for the coordination and 
                cooperation of law enforcement agencies, courts 
                of competent jurisdiction, and other tribal, 
                Federal, and State agenciesthrough 
intergovernmental or interagency agreements that define and specify 
each party's responsibilities and specify appropriate measures for 
ensuring child protection worker safety while performing 
responsibilities under this title;
                  (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 of any 
                intergovernmental or interagency agreement; and
                  (E) develop and implement strategies designed 
                to ensure the safety of child protection 
                workers while performing the responsibilities 
                under this Act; 
          (4) the development of tribal child protection codes 
        and regulations;
          (5) the establishment of training programs for--
                  (A) professional and paraprofessional 
                personnel in the fields of medicine, law, 
                education, social work, and other relevant 
                fields who are engaged in, or intend to work 
                in, the field of prevention, identification, 
                investigation, and treatment of family 
                violence, child abuse, and child neglect;
                  (B) instruction in methods of protecting 
                children from abuse and neglect for persons 
                responsible for the welfare of Indian children, 
                including parents of, and persons who work 
                with, Indian children; or
                  (C) educational, identification, prevention 
                and treatment services for child abuse and 
                child neglect in cooperation with preschool, 
                elementary and secondary schools, or tribally 
                controlled community colleges (within the 
                meaning of section 1801 of this title);
          (6) other community education efforts for tribal 
        members (including school children) regarding issues of 
        family violence, child abuse, and child neglect; [and]
          (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
          [(7)] (8) such other innovative and culturally 
        relevant programs and projects as the Secretary may 
        approve, including programs and projects for--
                  (A) parental awareness and self-help,
                  (B) prevention and treatment of alcohol and 
                drug-related family violence, child abuse, and 
                child neglect, or
                  (C) home health visitor programs, that show 
                promise of successfully preventing and treating 
                cases of family violence, child abuse, and 
                child neglect.
    [(f)] (e) Secretarial Regulations; Base Support Funding.--
          (1) The Secretary, with the participation of Indian 
        tribes, shall establish, and promulgate by regulations, 
        a formula which establishes base support funding for 
        Indian Child Protection and Family Violence Prevention 
        programs.
          (2) In the development of regulations for base 
        support funding for such programs, the Secretary shall 
        develop, in consultation with Indian tribes, 
        appropriate caseload standards and staffing 
        requirements which are comparable to standards 
        developed by the National Association of Social Work, 
        the Child Welfare League of America and other 
        professional associations in the field of social work 
        and child welfare. Each level of funding assistance 
        shall correspond to the staffing requirements 
        established by the Secretary pursuant to this section.
          (3) Factors to be considered in the development of 
        the base support funding formula shall include, but are 
        not limited to--
                  (A) projected service population of the 
                program;
                  (B) projected service area of the program;
                  (C) projected number of cases per month; and
                  (D) special circumstances warranting 
                additional program resources, such as high 
                incidence of child sexual abuse, high incidence 
                of violent crimes against women, or the 
                existence of a significant victim population 
                within the community.
          (4) The formula established pursuant to this 
        subsection shall provide funding necessary to support--
                  (A) one child protective services or family 
                violence caseworker, including fringe benefits 
                and support costs, for each tribe; and
                  (B) an additional child protective services 
                and family violence caseworker, including 
                fringe benefits and support costs, for each 
                level of assistance for which an Indian tribe 
                qualifies.
          (5) In any fiscal year that appropriations are not 
        sufficient to fully fund Indian Child Protection and 
        Family Violence Prevention programs at each level of 
        assistance under the formula required to be established 
        in this subsection, available funds foreach level of 
assistance shall be evenly divided among the tribes qualifying for that 
level of assistance.
    [(g)] (f) Maintenance of Effort.--Services provided under 
contracts made under this section shall supplement, not 
supplant, services from any other funds available for the same 
general purposes, including, but not limited to--
          (1) treatment, including, but not limited to--
                  (A) individual counseling,
                  (B) group counseling, and
                  (C) family counseling;
          (2) social services and case management;
          (3) training available to Indian tribes, tribal 
        agencies, and Indian organizations regarding the 
        identification, investigation, prevention, and 
        treatment of family violence, child abuse, and child 
        neglect; and
          (4) law enforcement services, including 
        investigations and prosecutions.
    [(h)] (g) Contract Evaluation and Annual Report.--Each 
recipient of funds awarded pursuant to subsection (a) of this 
section shall--
          (1) furnish the Secretary with such information as 
        the Secretary may require to--
                  (A) evaluate the program for which the award 
                is made, [and] including examination of--
                          (i) the range and scope of training 
                        opportunities, including numbers and 
                        percentage of child protection workers 
                        engaged in 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;
                  (B) ensure that funds are expended for the 
                purposes for which the award was made; and
          (2) submit to the Secretary at the end of each fiscal 
        year an annual report which shall include such 
        information as the Secretary may require.
    [(i)] (h) Authorization of 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, 1995, 1996 and 1997] such sums as are necessary to 
carry out this section for each of fiscal years 2005 through 
2010.

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 
beintegrated 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 the appropriate Secretary 
        shall waive any regulation, policy, or procedure 
        promulgated by that agency identified in the plan, 
        unless such 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 to 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 
                        expenditure;
                          (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 intertribal 
                        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 
theIndian 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 the 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 adminstrative 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 the enactment of this section, the 
        Secretary shall submit to Congress a preliminary report 
        on the status of the implementation of the 
        demonstration program authorized under this section.
          (2) Final report.--Not later than 6 years after the 
        date of the 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.

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           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968


Public Law No. 90-351

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                     AN ACT To authorize the * * *

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

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         TITLE I. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

SEC. 2001. PURPOSE OF PROGRAM AND GRANTS.

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    (d) Tribal Coalition Grants.--
          (1) Purpose.--The Attorney General shall award grants 
        to tribal domestic violence and sexual assault 
        coalitions for purposes of--
                  (A) increasing awareness of domestic violence 
                and sexual assault against Indian women;
                  (B) enhancing the response to violence 
                against Indian women at the Federal, State and 
                tribal levels; and
                  (C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential 
                services to Indian women victimized by domestic 
                and sexual violence.
          (2) Grants to tribal coalitions.--The Attorney 
        General shall award grants under paragraph (1) to--
                  (A) established nonprofit, nongovernmental 
                tribal coalitions that address domestic 
                violence and sexual assault against Indian 
                women; and
                  (B) individuals or organizations that propose 
                to incorporate as nonprofit, nongovernmental 
                tribal coalitions to address domestic violence 
                and sexual assault against Indian women.
          (3) Eligibility for other grants.--Receipt of an 
        award under this subsection by a tribal domestic 
        violence and sexual assault coalition shall not 
        preclude the coalition from receiving additional grants 
        under this title to carry out the purposes described in 
        subsection (b).

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SEC. 2007. STATE GRANTS.

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    (b) Amounts.--Of the amounts appropriated for the purposes 
of this subchapter--

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          (4) [1/54 shall be available for the development and 
        operation of nonprofit tribal domestic violence and 
        sexual assault coalitions in Indian country] 1/54 shall 
        be available for grants under Section 2001(d);

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