[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2326 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2326
To amend the Indian Child Protection and Family Violence Prevention Act
to reauthorize programs under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2021
Mr. Lujan (for himself and Mr. Rounds) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Child Protection and Family Violence Prevention Act
to reauthorize programs under that Act, 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 ``Native American Child Protection Act
of 2021''.
SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT
AMENDMENTS.
(a) Definitions.--Section 403 of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3202) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) `child abuse' includes any case in which--
``(A)(i) a child is dead or exhibits evidence of
skin bruising, bleeding, malnutrition, failure to
thrive, burns, fracture of any bone, subdural hematoma,
or soft tissue swelling; and
``(ii) the applicable condition under clause (i) is
not justifiably explained or may not be the product of
an accidental occurrence; or
``(B) a child is subjected to sexual assault,
sexual molestation, sexual exploitation, sexual
contact, or prostitution;'';
(2) by striking paragraph (10) and inserting the following:
``(10) `Indian tribe', `Indian Tribe', `tribal
organization', and `Tribal organization' have the meanings
given those terms in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).'';
(3) in paragraph (17), by striking ``and'' at the end;
(4) in paragraph (18), by striking the period at the end
and inserting ``; and''; and
(5) by adding at the end the following:
``(19) `urban Indian organization' has the meaning given
the term in section 4 of the Indian Health Care Improvement Act
(25 U.S.C. 1603).''.
(b) 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)--
(A) by striking ``The Secretary of Health and Human
Services, acting through the Service and'' and
inserting ``The Service,'';
(B) by striking ``intertribal'' and inserting
``inter-tribal''; and
(C) by striking ``sexual abuse'' and inserting
``abuse or child neglect'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Grant Applications.--
``(1) In general.--Any Indian Tribe or inter-tribal
consortium, including an Indian Tribe or inter-tribal
consortium in partnership with an urban Indian organization,
may submit to the Service an application for a grant under
subsection (a).
``(2) Requirements.--An application submitted under
paragraph (1) shall--
``(A) be in such form as the Service may prescribe;
``(B) be submitted to the Service on or before a
date designated by the Service; and
``(C) 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 a reservation; and
``(iv) the specific treatment concepts to
be used under the program.
``(c) Culturally Appropriate Treatment.--In awarding grants under
subsection (a), the Service shall encourage the use of culturally
appropriate treatment services and programs that respond to the unique
cultural values, customs, and traditions of the applicant Indian
Tribes.'';
(3) in subsection (d)--
(A) by striking ``such Secretary'' each place it
appears and inserting ``the Service'';
(B) by striking ``, and'' each place it appears and
inserting ``; and'';
(C) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Secretary of Health and
Human Services'' and inserting ``Service''; and
(D) in paragraph (2), by striking ``the Secretary''
and inserting ``the Service''; and
(4) by striking subsection (e) and inserting the following:
``(e) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Native American Child Protection Act of 2021,
the Service shall submit to Congress a report on grants awarded
under subsection (a).
``(2) Requirements.--The report required under paragraph
(1) shall include--
``(A) a description of treatment and services for
which recipients of grants awarded under this section
have used the grant funds; and
``(B) any other information that the Service may
require.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2022 through 2027.''.
(c) National Indian Child Resource and Family Services Center.--
Section 410 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3209) is amended--
(1) in the section heading--
(A) by inserting ``national'' before ``indian'';
and
(B) by striking ``centers'' and inserting
``center'';
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Establishment.--Not later than 1 year after the date of
enactment of the Native American Child Protection Act of 2021, the
Secretary shall establish a center, to be known as the `National Indian
Child Resource and Family Services Center' (referred to in this section
as the `Center').'';
(3) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively;
(4) in subsection (b) (as so redesignated), by striking
``Each Center'' and all that follows through
``multidisciplinary team'' and inserting ``The Center shall be
staffed by a team'';
(5) in subsection (c) (as so redesignated)--
(A) in the matter preceding paragraph (1), by
striking ``Each Center established under subsection
(a)'' and inserting ``The Center'';
(B) in paragraph (1), by striking ``and inter-
tribal consortia upon request'' and inserting ``inter-
tribal consortia, and urban Indian organizations on
request'';
(C) in paragraph (2), by striking ``Indian tribes,
tribal organizations, the Bureau and the Service'' and
inserting ``Indian Tribes, Tribal organizations, urban
Indian organizations, the Bureau, and the Service'';
(D) in paragraph (3)--
(i) by inserting ``and technical
assistance'' after ``training materials''; and
(ii) by striking ``and to tribal
organizations'' and inserting ``, Tribal
organizations, and urban Indian
organizations'';
(E) in paragraph (4)--
(i) by inserting ``, State,'' after
``Federal''; and
(ii) by inserting ``and personnel of urban
Indian organizations'' after ``tribal
personnel''; and
(F) by striking paragraph (5) and inserting the
following:
``(5) develop model intergovernmental agreements between
Indian Tribes and States and other materials that provide
examples of how Federal, State, and Tribal governments can
develop effective relationships and provide for maximum
cooperation in the furtherance of the prevention,
investigation, treatment, and prosecution of incidents of
family violence, child abuse, and child neglect involving
Indian children and Indian families.''; and
(6) in subsection (d) (as so redesignated)--
(A) in the subsection heading, by striking
``Multidisciplinary'';
(B) in the matter preceding paragraph (1), by
striking ``Each multidisciplinary'' and all that
follows through ``personnel'' and inserting ``The team
required under subsection (b) shall include
personnel''; and
(C) in paragraphs (1) through (3), by striking the
comma each place it appears and inserting a semicolon;
and
(7) by striking subsections (f) through (h) and inserting
the following:
``(e) Center Advisory Board.--
``(1) In general.--The Secretary shall establish an
advisory board to advise and assist the Center in carrying out
the activities of the Center under this section (referred to in
this subsection as the `advisory board').
``(2) Membership.--
``(A) In general.--The advisory board shall consist
of 12 members appointed by the Secretary from Indian
Tribes, Tribal organizations, and urban Indian
organizations.
``(B) Requirement.--Each member of the advisory
board shall have expertise in child abuse or child
neglect.
``(C) No compensation.--A member of the advisory
board shall serve without compensation, but may be
reimbursed for travel and other expenses while carrying
out the duties of the advisory board.
``(3) Duties.--The advisory board shall assist the Center
with--
``(A) coordinating programs of the Center;
``(B) identifying training and technical assistance
materials that may be of use to the Center; and
``(C) developing intergovernmental agreements
relating to family violence, child abuse, and child
neglect.
``(f) Application of Indian Self-Determination and Education
Assistance Act to the Center.--
``(1) In general.--The Center shall be subject to title I
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5321 et seq.).
``(2) Operation of center.--The Secretary may enter into a
contract under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.) for the operation of
the Center with a nonprofit Indian organization governed by an
Indian-controlled board of directors that has substantial
experience in child abuse, child neglect, and family violence
involving Indian children and Indian families.
``(g) Report.--Not later than 2 years after the date of enactment
of the Native American Child Protection Act of 2021, the Secretary,
acting through the Director of the Bureau, shall submit to Congress a
report on the status of the Center.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2022 through 2027.''.
(d) 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 (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``child abuse and child neglect,'' and
inserting ``child abuse, child neglect, or
both;'';
(ii) in subparagraph (B), by striking ``,
and'' at the end and inserting a semicolon; and
(iii) by inserting after subparagraph (C)
the following:
``(D) the development of agreements between Indian
Tribes, States, or private agencies for the
coordination of child abuse and child neglect
prevention, investigation, and treatment services;
``(E) child protective services operational costs,
including transportation, risk and protective factors
assessments, family engagement and kinship navigator
services, and relative searches, criminal background
checks for prospective placements, and home studies;
and
``(F) the development of a Tribal child protection
or multidisciplinary team to assist in the prevention
and investigation of child abuse and child neglect;'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking the
comma at the end and inserting ``in culturally
appropriate ways;'';
(ii) in subparagraph (B), by striking the
comma at the end and inserting a semicolon; and
(iii) in subparagraph (C), by inserting ``,
which may include culturally appropriate
programs,'' after ``training programs'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by inserting ``and child
neglect'' after ``child abuse''; and
(II) by striking the comma at the
end and inserting a semicolon; and
(ii) in subparagraph (B)--
(I) by striking ``cases, to the
extent practicable,'' and inserting
``cases and child neglect cases''; and
(II) by striking ``, and'' at the
end and inserting ``; and'';
(D) in paragraph (5)--
(i) in subparagraph (A), by striking the
comma at the end and inserting a semicolon;
(ii) in subparagraph (B), by striking ``,
or'' at the end and inserting ``; or''; and
(iii) in subparagraph (C)--
(I) by striking ``preschool'' and
inserting ``preschools''; and
(II) by striking ``college or
university (within the meaning of
section 2 of the Tribally Controlled
Colleges and Universities Assistance
Act of 1978)'' and inserting ``colleges
and universities (as defined in section
2(a) of the Tribally Controlled
Colleges and Universities Assistance
Act of 1978 (25 U.S.C. 1801(a)))''; and
(E) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by inserting ``that show promise of
successfully preventing and treating cases of
family violence, child abuse, and child
neglect'' before ``as the Secretary'';
(ii) in subparagraph (A), by striking the
comma at the end and inserting a semicolon;
(iii) in subparagraph (B), by striking ``,
or'' at the end and inserting ``; or''; and
(iv) by striking the comma at the end of
subparagraph (C) and all that follows through
``neglect.'' in the undesignated matter
following that subparagraph and inserting a
period;
(2) by striking subsections (g) and (i);
(3) by redesignating subsections (f) and (h) as subsections
(e) and (g), respectively;
(4) in subsection (e) (as so redesignated)--
(A) in paragraph (1), by striking ``(1) The
Secretary'' and inserting the following:
``(1) In general.--The Secretary'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Caseload standards; staffing requirements.--
``(A) In general.--In the development of
regulations for base support funding for the programs
described in paragraph (1), the Secretary, in
consultation with Indian Tribes, shall develop, not
later than 1 year after the date of enactment of the
Native American Child Protection Act of 2021,
appropriate caseload standards and staffing
requirements.
``(B) Staffing requirements.--Each level of funding
assistance shall correspond to the staffing
requirements established by the Secretary under
subparagraph (A).'';
(C) in paragraph (3)--
(i) by striking ``(3) Factors to be'' and
all that follows through ``limited to--'' in
the matter preceding subparagraph (A) and
inserting the following:
``(3) Factors.--In the development of the base support
funding formula under paragraph (1), the Secretary shall take
into consideration factors including--'';
(ii) by indenting subparagraphs (A) through
(D) appropriately; and
(iii) in subparagraph (D), by striking
``sexual abuse'' and inserting ``abuse and
child neglect, high incidence of family
violence,'';
(D) by striking paragraph (4) and inserting the
following:
``(4) Requirement.--The formula established pursuant to
this subsection shall provide funding necessary to support not
less than 1 child protective services or family violence
caseworker, including fringe benefits and support costs, for
each Indian Tribe.''; and
(E) in paragraph (5)--
(i) by striking ``(5) In any'' and
inserting the following:
``(5) Insufficient funding.--In any''; and
(ii) by striking ``tribes'' and inserting
``Indian Tribes'';
(5) by inserting after subsection (e) (as so redesignated)
the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Native American Child Protection Act of 2021,
the Secretary, acting through the Bureau, shall submit to
Congress a report on the use of funds provided pursuant to this
section.
``(2) Requirements.--The report required under paragraph
(1) shall include--
``(A) a description of the treatments and services
for which recipients of the grants have used the funds;
and
``(B) any other information that the Secretary,
acting through the Bureau, may require.''; and
(6) by adding at the end the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal
years 2022 through 2027.''.
(e) Technical and Conforming Amendments.--
(1) Section 404(c)(2)(A) of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3203(c)(2)(A)) is
amended by striking ``abuse described in section 503(3)'' and
inserting ``child abuse''.
(2) Section 407(c) of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3206(c)) is amended--
(A) by striking ``advise'' and inserting
``advice''; and
(B) by striking ``a multidisciplinary team
established pursuant to section 410'' and inserting
``the team described in section 410(b)''.
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