[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1601 Referred in House (RFH)]
2d Session
S. 1601
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 2004
Referred to the Committee on Resources, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To amend the Indian Child Protection and Family Violence Prevention Act
to provide for the reporting and reduction of child abuse and family
violence incidences on Indian reservations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Child Protection and Family
Violence Prevention Reauthorization Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
Section 402 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3201) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) finds that--
``(A) Indian children are the most precious
resource of Indian tribes and need special protection
by the United States;
``(B) the number of reported incidences of child
abuse on Indian reservations continues to rise at an
alarming rate, but the reduction of such incidences is
hindered by the lack of--
``(i) community awareness in identification
and reporting methods;
``(ii) interagency coordination for
reporting, investigating, and prosecuting; and
``(iii) tribal infrastructure for managing,
preventing, and treating child abuse cases;
``(C) improvements are needed to combat the
continuing child abuse on Indian reservations,
including--
``(i) education to identify symptoms
consistent with child abuse;
``(ii) extensive background investigations
of Federal and tribal employees, volunteers,
and contractors who care for, teach, or
otherwise have regular contact with Indian
children;
``(iii) strategies to ensure the safety of
child protection workers; and
``(iv) support systems for the victims of
child abuse and their families; and
``(D) funds spent by the United States on Indian
reservations for the benefit of Indian victims of child
abuse or family violence are inadequate to combat child
abuse and to meet the growing needs for mental health
treatment and counseling for those victims and their
families.'';
(B) in paragraph (2)--
(i) by striking ``two'' and inserting
``the'';
(ii) in subparagraph (B)--
(I) by inserting after ``provide
funds for'' the following: ``developing
a comprehensive tribal child abuse and
family violence program including
training and technical assistance for
identifying, addressing, and decreasing
such incidents and for''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) implement strategies to increase the safety
of child protection workers;
``(D) assist tribes in developing the necessary
infrastructure to combat and reduce child abuse on
Indian reservations; and
``(E) identify and remove impediments to the
prevention and reduction of child abuse on Indian
reservations, including elimination of existing
barriers, such as difficulties in sharing information
among agencies and differences between the values and
treatment protocols of the different agencies.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``prevent further
abuse'' and inserting ``prevent and prosecute child
abuse'';
(B) in paragraph (2), by striking ``authorize a
study to determine the need for a central registry for
reported incidents of abuse'' and inserting ``build
tribal infrastructure needed to maintain and coordinate
databases'';
(C) by striking paragraph (3);
(D) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (3), (4), (5), and (6), respectively;
(E) in paragraph (3) (as redesignated by
subparagraph (D)), by striking ``sexual'';
(F) in paragraph (5) (as redesignated by
subparagraph (D)), by striking ``Area'' and inserting
``Regional'';
(G) in paragraph (6) (as redesignated by
subparagraph (D))--
(i) by inserting ``child abuse and'' after
``incidents of''; and
(ii) by inserting ``through tribally-
operated programs'' after ``family violence'';
(H) by inserting after paragraph (6) (as
redesignated by subparagraph (D)) the following:
``(7) conduct a study to identify the impediments to
effective prevention, investigation, prosecution, and treatment
of child abuse;''; and
(I) by striking paragraph (8) and inserting the
following:
``(8) develop strategies to protect the safety of the child
protection workers while performing responsibilities under this
title; and''.
SEC. 3. DEFINITIONS.
Section 403(3) of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3202(3)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(C) any case in which a child is exposed to
family violence;''.
SEC. 4. REPORTING PROCEDURES.
Section 404(b) of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3203(b)) is amended by adding at the end the
following:
``(3) Cooperative reporting.--If--
``(A) a report of abuse or family violence involves
an alleged abuser who is a non-Indian; and
``(B) a preliminary inquiry indicates a criminal
violation has occurred;
the local law enforcement agency (if other than the State law
enforcement agency) shall immediately report the occurrence to
the State law enforcement agency.''.
SEC. 5. BARRIERS TO REDUCING CHILD ABUSE.
The Indian Child Protection and Family Violence Prevention Act is
amended by striking section 405 (25 U.S.C. 3204) and inserting the
following:
``SEC. 405. BARRIERS TO REDUCING CHILD ABUSE.
``(a) In General.--The Secretary, in consultation with the
Secretary of Health and Human Services and the Attorney General, shall
conduct a study to identify impediments to the reduction of child abuse
on Indian reservations.
``(b) Matters To Be Evaluated.--In conducting the study under
subsection (a), the Secretary shall, at a minimum, evaluate the
interagency and intergovernmental cooperation and jurisdictional
impediments in investigations and prosecutions.
``(c) Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of this paragraph, the Secretary shall submit to
Congress a report that describes the results of the study under
subsection (a).
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) any findings made in the study;
``(B) any recommendations that the Secretary
considers appropriate on ways to eliminate impediments
described in subsection (a); and
``(C) cost estimates for implementing the
recommendations.''.
SEC. 6. CHARACTER INVESTIGATIONS.
Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(including
contracted and volunteer positions),'' after
``authorized positions''; and
(B) in paragraph (3), by striking the period at the
end and inserting the following: ``, which--
``(A) shall include a background check, based on a
set of fingerprints of the employee, volunteer or
contractor that may be conducted through the Federal
Bureau of Investigation; and
``(B) may include a review of applicable State and
tribal criminal history repositories.''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``Each'' and inserting the
following:
``(1) In general.--Each'';
(C) in subparagraph (A) (as redesignated by
subparagraph (A)), by inserting after ``who is'' the
following: ``a volunteer or contractor or is'';
(D) in subparagraph (B) (as redesignated by
subparagraph (A)), by striking ``employ'' and inserting
``contract with, accept, or employ''; and
(E) by adding at the end the following:
``(2) Satisfaction of requirements.--
``(A) Investigations.--An investigation conducted
under paragraph (1)(A) shall be considered to satisfy
any requirement under any other Federal law for a
background check in connection with the placement of an
Indian child in a foster or adoptive home, or an
institution.
``(B) Licensing or approval.--On certification by
an Indian tribe that the Indian tribe is in compliance
with paragraph (1), the licensing or approval of
guardianships, foster or adoptive homes, or
institutions by an Indian tribe in accordance with
tribal law shall be considered to be equivalent to
licensing or approval by a State for the purposes of
any law that authorizes placement in or provides
funding for guardianships, foster or adoptive homes, or
institutions.''.
SEC. 7. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.
Section 409 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3208) is amended--
(1) in subsection (a), by striking ``sexual'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following:
``(e) Demonstration Project.--
``(1) In general.--The Secretary of Health and Human
Services shall establish demonstration projects to facilitate
the development of a culturally-sensitive traditional healing
treatment program for child abuse and family violence to be
operated by an Indian tribe, tribal organization, or inter-
tribal consortium.
``(2) Application.--
``(A) In general.--An Indian tribe, tribal
organization, or inter-tribal consortium may submit an
application to participate in a demonstration project
in such form as the Secretary of Health and Human
Services may prescribe.
``(B) Contents.--As part of an application under
subparagraph (A), the Secretary of Health and Human
Services shall require--
``(i) the information described in
subsection (b)(2)(C);
``(ii) a proposal for development of
educational materials and resources, to the
extent culturally appropriate; and
``(iii) proposed strategies to use and
maintain the integrity of traditional healing
methods.
``(3) Considerations.--In selecting the participants in
demonstration projects established under this subsection, the
Secretary of Health and Human Services shall give special
consideration to projects relating to behavioral and emotional
effects of child abuse, elimination of abuse by parents, and
reunification of the family.''; and
(4) in subsection (f) (as redesignated by paragraph (2))--
(A) by striking ``there'' and inserting ``There'';
and
(B) by striking ``$10,000,000 for each of the years
1992, 1993, 1994, 1995, 1996 and 1997'' and inserting
``such sums as are necessary to carry out this section
for each of fiscal years 2005 through 2010, of which a
specific sum shall be specifically set aside each year
for the demonstration projects established under
subsection (e).''.
SEC. 8. INDIAN CHILD RESOURCE AND FAMILY SERVICES CENTERS.
Section 410 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3209) is amended--
(1) in subsection (a) by striking ``area'' and inserting
``Regional'';
(2) in subsection (b)--
(A) by striking ``Secretary and'' and inserting
``Secretary,''; and
(B) by striking ``Services'' and inserting
``Services, and the Attorney General'';
(3) in subsection (d)(5), by striking ``area'' and
inserting ``Region'';
(4) in subsection (f)--
(A) in the second sentence, by striking ``an area''
and inserting ``a Regional''; and
(B) in the last sentence, by inserting ``developing
strategies,'' after ``Center in'';
(5) in the second sentence of subsection (g)--
(A) by striking ``an area'' and inserting ``a
Regional''; and
(B) by striking ``Juneau Area'' and inserting
``Alaska Region''; and
(6) in subsection (h), by striking ``$3,000,000 for each of
the fiscal years 1992, 1993, 1994, 1995, 1996 and 1997'' and
inserting ``such sums as are necessary to carry out this
section for each of fiscal years 2005 through 2010''.
SEC. 9. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION PROGRAM.
Section 411 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3210) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``coordination,
reporting and'' before ``investigation'';
(B) in paragraph (2) by inserting ``child abuse
and'' after ``incidents of'';
(2) in subsection (d)--
(A) in paragraph (1)(C), by inserting ``and other
related items'' after ``equipment''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``,
and'' at the end and inserting a semicolon;
(ii) in subparagraph (C), by inserting
after ``responsibilities'' the following: ``and
specify appropriate measures for ensuring child
protection worker safety while performing
responsibilities under this title''; and
(iii) by adding at the end the following:
``(D) provide for training programs or expenses for
child protection services personnel, law enforcement
personnel or judicial personnel to meet any
certification requirements necessary to fulfill the
responsibilities under any intergovernmental or
interagency agreement; and
``(E) develop and implement strategies designed to
ensure the safety of child protection workers while
performing responsibilities under this Act;'';
(3) in paragraph (6), by striking ``and'' at the end;
(4) by redesignating paragraph (7) as paragraph (8);
(5) by inserting after paragraph (6) the following:
``(7) infrastructure enhancements to improve tribal data
systems to monitor the progress of families, evaluate service
and treatment outcomes, and determine the most effective
approaches and activities; and''
(6) by redesignating subsections (f), (g), (h), and (i) as
paragraphs (e), (f), (g), and (h), respectively;
(7) in paragraph (1) of subsection (g) (as redesignated by
paragraph (6)), by striking subparagraph (A) and inserting the
following:
``(A) evaluate the program for which the award is
made, including examination of--
``(i) the range and scope of training
opportunities, including numbers and percentage
of child protection workers engaged in the
training programs;
``(ii) the threats to child protection
workers, if any, and the strategies used to
address the safety of child protection workers;
and
``(iii) the community outreach and
awareness programs including any strategies to
increase the ability of the community to
contact appropriate reporting officials
regarding occurrences of child abuse.''; and
(8) in subsection (h) (as redesignated by paragraph (6)),
by striking ``$30,000,000 for each of fiscal years 1992, 1993,
1994, 1995, 1996 and 1997'' and inserting ``such sums as are
necessary to carry out this section for each of fiscal years
2005 through 2010.''.
SEC. 10. INTEGRATION OF SERVICES.
The Indian Child Protection and Family Violence Prevention Act (25
U.S.C. 3201 et seq.) is amended by adding at the end the following:
``SEC. 412. INTEGRATION OF SERVICES.
``(a) Demonstration Project.--In cooperation with the Secretary of
Health and Human Services and Attorney General, the Secretary shall, on
the receipt of a plan acceptable to the Secretary that is submitted by
an Indian tribe, tribal organization, or inter-tribal consortium,
authorize the Indian tribe, tribal organization, or inter-tribal
consortium to carry out a demonstration project to coordinate, in
accordance with the plan, its federally funded child abuse-related
service programs in a manner that integrates the program services into
a single coordinated, comprehensive program that reduces administrative
costs by consolidating administrative functions.
``(b) Integration of Programs.--
``(1) In general.--Subject to paragraph (2), an Indian
tribe, tribal organization, or inter-tribal consortium may
integrate any program under which the Indian tribe, tribal
organization, or inter-tribal consortium is eligible for
receipt of funds under a statutory or administrative formula,
competitive grant, or any other funding scheme for the purposes
of addressing child abuse.
``(2) Competitive grant programs.--In the case of a
competitive grant program, the consent of the funding agency
shall be required for integration of the program under
paragraph (1).
``(c) Plan Requirements.--A plan under subsection (a) shall--
``(1) identify the programs to be integrated;
``(2) be consistent with the purposes of this Act;
``(3) describe a comprehensive strategy that identifies the
full range of existing and potential child abuse and family
violence prevention, treatment, and service programs available
on or near the service area of the Indian tribe;
``(4) describe the manner in which services are to be
integrated and delivered and the results expected from the
plan;
``(5) identify the projected expenditures under the plan in
a single budget;
``(6) identify the agency or agencies of the tribal
government to be involved in the delivery of the services
integrated under the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the tribal government believes
need to be waived in order to implement its plan; and
``(8) be approved by the governing body of the affected
Indian tribe or tribes.
``(d) Other Federal Agencies.--
``(1) Consultation.--On receipt of the plan from an Indian
tribe, tribal organization, or inter-tribal consortium, the
Secretary shall consult with--
``(A) the head of each Federal agency providing
funds to be used to implement the plan; and
``(B) the Indian tribe, tribal organization, or
inter-tribal consortium.
``(2) Waiver.--Notwithstanding any other provision of law,
the Attorney General or appropriate Secretary shall waive any
regulation, policy, or procedure promulgated by the agency
identified in the plan, unless the waiver would be inconsistent
with this Act or any statutory requirement applicable to the
program to be integrated under the plan that is specifically
applicable to Indian programs.
``(e) Approval or Disapproval.--
``(1) Notice.--Not later than 90 days after receipt of the
plan, the Secretary shall notify the Indian tribe, tribal
organization, or inter-tribal consortium, in writing, of the
approval or disapproval of the plan.
``(2) Disapproval.--If the plan is disapproved--
``(A) the notice under paragraph (1) shall inform
the Indian tribe, tribal organization, or inter-tribal
consortium of the reasons for the disapproval; and
``(B) the Indian tribe, tribal organization, or
inter-tribal consortium shall be given an opportunity
to amend the plan or petition the Secretary to
reconsider the disapproval.
``(f) Responsibilities of the Department of the Interior.--
``(1) In general.--Not later than 180 days after the date
of enactment of this Act, the Secretary, the Secretary of
Health and Human Services, and the Attorney General shall enter
into a memorandum of agreement providing for the implementation
of demonstration projects under this section.
``(2) Coordinating agency.--The coordinating agency in
carrying out this section shall be the Bureau of Indian
Affairs.
``(3) Responsibilities.--
``(A) In general.--The responsibilities of the
coordinating agency shall include--
``(i) the development of a single report
format which shall be used by the tribe, tribal
organization, or inter-tribal consortium to
report on all the plan activities and
expenditures;
``(ii) the development of a single system
of Federal oversight of demonstration projects,
which shall be implemented by the coordinating
agency; and
``(iii) the provision of, or arrangement
for, technical assistance to an Indian tribe,
tribal organization, or inter-tribal
consortium.
``(B) Requirements.--The report form developed
under subparagraph (A)(i) shall require disclosure of
such information as the Secretary determines will--
``(i) allow a determination that the Indian
tribe, tribal organization, or inter-tribal
consortium has complied with the requirements
incorporated in the approved plan of the Indian
tribe; and
``(ii) provide assurances to each funding
agency that the Indian tribe, tribal
organization, or inter-tribal consortium has
complied with all applicable statutory
requirements that have not been waived.
``(g) No Reduction.--In no case shall the amount of Federal funds
made available to any tribal government conducting a demonstration
project be reduced by reason of the conduct of the demonstration
project.
``(h) Transfer of Funds.--The Secretary, Secretary of Health and
Human Services, or Attorney General, as appropriate, may take such
action as is necessary to provide for an interagency transfer of funds
otherwise available to an Indian tribe, tribal organization, or inter-
tribal consortium to carry out this section immediately upon the
request of the Indian tribe, tribal organization, or inter-tribal
consortium.
``(i) Administration of Funds.--
``(1) In general.--The funds of programs that are
integrated under this section shall be administered in such a
manner as to allow for a determination that funds from specific
programs (or an amount equal to the amount attracted from each
program) are spent on allowable activities authorized under the
program.
``(2) Separate records not required.--Nothing in this
section requires an Indian tribe, tribal organization, or
inter-tribal consortium to--
``(A) maintain separate records tracing any
services or activities conducted under an approved plan
to the individual programs under which funds were
authorized; or
``(B) allocate expenditures among individual
programs.
``(3) Administrative costs.--
``(A) Commingling.--All administrative costs under
an approved plan may be commingled.
``(B) Entitlement to full amount.--An Indian tribe,
tribal organization, or inter-tribal consortium shall
be entitled to the full amount of funding of
administrative costs in accordance with regulations
applicable to each program.
``(C) Excess funds.--Any excess of funds available
to pay administrative costs, shall not be counted for
Federal audit purposes, if the funds are used for the
purposes provided for under this title.
``(j) Fiscal Accountability.--Nothing in this section diminishes
the duty of the Secretary to fulfill the responsibility of safeguarding
Federal funds in accordance with chapter 75 of title 31, United States
Code.
``(k) Report on Statutory Obstacles to Program Integration.--
``(1) Preliminary report.--Not later than 3 years after the
date of enactment of this section, the Secretary shall submit
to Congress a preliminary report on the status of the
implementation of the demonstration program under this section.
``(2) Final report.--Not later than 6 years after the date
of enactment of this section, the Secretary shall submit to
Congress a report that--
``(A) describes the results of the implementation
of this section; and
``(B) identifies statutory barriers to more
effective integration of program services in a manner
consistent with this section.''.
SEC. 11. TRIBAL PARTNERSHIPS FOR AWARENESS AND RESPONSES.
(a) In General.--Section 2001 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by
adding at the end the following:
``(d) Tribal Coalition Grants.--
``(1) Purpose.--The Attorney General shall award grants to
tribal domestic violence and sexual assault coalitions for
purposes of--
``(A) increasing awareness of domestic violence and
sexual assault against Indian women;
``(B) enhancing the response to violence against
Indian women at the Federal, State, and tribal levels;
and
``(C) identifying and providing technical
assistance to coalition membership and tribal
communities to enhance access to essential services to
Indian women victimized by domestic and sexual
violence.
``(2) Grants to tribal coalitions.--The Attorney General
shall award grants under paragraph (1) to--
``(A) established nonprofit, nongovernmental tribal
coalitions that address domestic violence and sexual
assault against Indian women; and
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal
coalitions to address domestic violence and sexual
assault against Indian women.
``(3) Eligibility for other grants.--Receipt of an award
under this subsection by a tribal domestic violence and sexual
assault coalition shall not preclude the coalition from
receiving additional grants under this title to carry out the
purposes described in subsection (b).''.
(b) Funding.--Section 2007(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-1(b)) is amended by striking
paragraph (4) and inserting the following:
``(4) 1/54 shall be available for grants under section
2001(d);''.
Passed the Senate September 29, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.