[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 663 Reported in House (RH)]
<DOC>
Union Calendar No. 159
118th CONGRESS
1st Session
H. R. 663
[Report No. 118-196]
To amend the Indian Child Protection and Family Violence Prevention
Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2023
Mr. Gallego introduced the following bill; which was referred to the
Committee on Natural Resources
September 14, 2023
Additional sponsors: Mr. Newhouse, Ms. Stansbury, Ms. Porter, Mrs.
Peltola, Mr. Mullin, Ms. Pettersen, Ms. Salinas, and Ms. Kamlager-Dove
September 14, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
31, 2023]
_______________________________________________________________________
A BILL
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.''.
Union Calendar No. 159
118th CONGRESS
1st Session
H. R. 663
[Report No. 118-196]
_______________________________________________________________________
A BILL
To amend the Indian Child Protection and Family Violence Prevention
Act.
_______________________________________________________________________
September 14, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed