[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 663 Enrolled Bill (ENR)]
H.R.663
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
To amend the Indian Child Protection and Family Violence Prevention Act.
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''.
SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT
AMENDMENTS.
The Indian Child Protection and Family Violence Prevention Act (25
U.S.C. 3202 et seq.) is amended as follows:
(1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to
read as follows:
``(A) in any case in which--
``(i)(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; or
``(ii) a child is subjected to sexual assault, sexual
molestation, sexual exploitation, sexual contact, or
prostitution; and''.
(2) In section 409 (25 U.S.C. 3208)--
(A) in subsection (a)--
(i) by striking ``The Secretary of Health and Human
Services, acting through the Service and in cooperation
with the Bureau'' and inserting ``The Service, in
cooperation with the Bureau''; and
(ii) by striking ``sexual abuse'' and inserting ``abuse
or neglect'';
(B) in subsection (b) through the end of the section, by
striking ``Secretary of Health and Human Services'' each place
it appears and inserting ``Service'';
(C) in subsection (b)(1), by inserting after ``Any Indian
tribe or intertribal consortium'' the following: ``, on its own
or in partnership with an urban Indian organization,'';
(D) in subsections (b)(2)(B) and (d), by striking ``such
Secretary'' each place it appears and inserting ``the
Service'';
(E) by amending subsection (c) to read as follows:
``(c) Culturally Appropriate Treatment.--In awarding grants under
this section, the Service shall encourage the use of culturally
appropriate treatment services and programs that respond to the unique
cultural values, customs, and traditions of applicant Indian Tribes.'';
(F) in subsection (d)(2), by striking ``the Secretary'' and
inserting ``the Service'';
(G) by redesignating subsection (e) as subsection (f); and
(H) by inserting after subsection (d) the following:
``(e) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the Service
shall submit a report to Congress on the award of grants under this
section. The report shall contain--
``(1) a description of treatment and services for which
grantees have used funds awarded under this section; and
``(2) any other information that the Service requires.''.
(3) In section 410 (25 U.S.C. 3209)--
(A) in the heading--
(i) by inserting ``national'' before ``indian''; and
(ii) by striking ``centers'' and inserting ``center'';
(B) by amending subsections (a) and (b) to read as follows:
``(a) Establishment.--Not later than 1 year after the date of the
enactment of the Native American Child Protection Act, the Secretary
shall establish a National Indian Child Resource and Family Services
Center.
``(b) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the Secretary of
the Interior, acting through the Bureau of Indian Affairs, shall submit
a report to Congress on the status of the National Indian Child
Resource and Family Services Center.'';
(C) in subsection (c)--
(i) by striking ``Each'' and inserting ``The''; and
(ii) by striking ``multidisciplinary'';
(D) in subsection (d)--
(i) in the text before paragraph (1), by striking
``Each'' and inserting ``The'';
(ii) in paragraph (1), by striking ``and inter-tribal
consortia'' and inserting ``inter-tribal consortia, and
urban Indian organizations'';
(iii) in paragraph (2), by inserting ``urban Indian
organizations,'' after ``tribal organizations,'';
(iv) in paragraph (3)--
(I) by inserting ``and technical assistance'' after
``training''; and
(II) by striking ``and to tribal organizations''
and inserting ``, Tribal organizations, and urban
Indian organizations'';
(v) in paragraph (4)--
(I) by inserting ``, State,'' after ``Federal'';
and
(II) by striking ``and tribal'' and inserting
``Tribal, and urban Indian''; and
(vi) by amending paragraph (5) to read as follows:
``(5) develop model intergovernmental agreements between 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 prevention, investigation, treatment, and
prosecution of incidents of family violence and child abuse and
child neglect involving Indian children and families.'';
(E) in subsection (e)--
(i) in the heading, by striking ``Multidisciplinary
Team'' and inserting ``Team'';
(ii) in the text before paragraph (1), by striking
``Each multidisciplinary'' and inserting ``The''; and
(F) by amending subsections (f) and (g) to read as follows:
``(f) Center Advisory Board.--The Secretary shall establish an
advisory board to advise and assist the National Indian Child Resource
and Family Services Center in carrying out its activities under this
section. The advisory board shall consist of 12 members appointed by
the Secretary from Indian Tribes, Tribal organizations, and urban
Indian organizations with expertise in child abuse and child neglect.
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 coordinating programs,
identifying training and technical assistance materials, and developing
intergovernmental agreements relating to family violence, child abuse,
and child neglect.
``(g) Application of Indian Self-determination Act to the Center.--
The National Indian Child Resource and Family Services Center shall be
subject to the provisions of the Indian Self-Determination Act. The
Secretary may also contract for the operation of the Center with a
nonprofit Indian organization governed by an Indian-controlled board of
directors that have substantial experience in child abuse, child
neglect, and family violence involving Indian children and families.''.
(4) In section 411 (25 U.S.C. 3210)--
(A) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``abuse and
child neglect'' and inserting ``abuse, neglect, or
both'';
(II) in subparagraph (B), by striking ``and'' at
the end; and
(III) by inserting after subparagraph (C), the
following:
``(D) development of agreements between Tribes, States, or
private agencies on the coordination of child abuse and 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) development of a Tribal child protection or
multidisciplinary team to assist in the prevention and
investigation of child abuse and neglect;'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``in
culturally appropriate ways'' after ``incidents of
family violence''; and
(II) in subparagraph (C), by inserting ``that may
include culturally appropriate programs'' after
``training programs''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by inserting ``and
neglect'' after ``abuse''; and
(II) in subparagraph (B), by striking ``cases, to
the extent practicable,'' and inserting ``and neglect
cases'';
(B) in subsection (f)--
(i) in paragraph (2), by striking ``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'' and inserting ``develop, not later than one
year after the date of the enactment of the Native American
Child Protection Act, in consultation with Indian Tribes,
appropriate caseload standards and staffing requirements'';
(ii) in paragraph (3)(D), by striking ``sexual abuse''
and inserting ``abuse and neglect, high incidence of family
violence'';
(iii) by amending paragraph (4) to read as follows:
``(4) The formula established pursuant to this subsection shall
provide funding necessary to support not less than one child protective
services or family violence caseworker, including fringe benefits and
support costs, for each Indian Tribe.''; and
(iv) in paragraph (5), by striking ``tribes'' and
inserting ``Indian Tribes''; and
(C) by amending subsection (g) to read as follows:
``(g) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the Secretary of
the Interior, acting through the Bureau of Indian Affairs, shall submit
a report to Congress on the award of grants under this section. The
report shall contain--
``(1) a description of treatment and services for which
grantees have used funds awarded under this section; and
``(2) any other information that the Secretary of the Interior
requires.''.
SEC. 3. LIMITATION ON APPROPRIATIONS.
No additional amounts are authorized to carry out this Act or any
of the amendments made by this Act. Each program, project, and activity
authorized by this Act or the amendments made by this Act shall be
subject to the availability of appropriations made in advance for such
purposes.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.