September 21, 2020 - Issue: Vol. 166, No. 163 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Pages H4560-H4562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIVE AMERICAN CHILD PROTECTION ACT

  Ms. HAALAND. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4957) to amend the Indian Child Protection and Family 
Violence Prevention Act, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4957

       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;''.
       (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);
       (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.''; 
     and
       (I) by amending subsection (f) (as so redesignated by 
     subparagraph (G) of this paragraph), to read as follows:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $30,000,000 for each of fiscal years 2021 through 2026.''.
       (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 one 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

[[Page H4561]]

       (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.''; and
       (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), (g), and (h) 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.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $3,000,000 for each of fiscal years 2021 through 2026.''.
       (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'';
       (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.''; and
       (D) by amending subsection (i) to read as follows:
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $60,000,000 for each of fiscal years 2021 through 2026.''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Haaland) and the gentlewoman from Wyoming (Ms. Cheney) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. HAALAND. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. HAALAND. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 4957, introduced by Representative Ruben Gallego 
from Arizona, amends and reauthorizes several programs within the 
Indian Child Protection and Family Violence Prevention Act in order to 
improve the prevention, investigation, treatment, and prosecution of 
family violence, child abuse, and child neglect involving Native 
American children and families.
  There is an enormous need for family violence prevention and 
treatment resources in Tribal communities. Native children experience 
child abuse and neglect at an elevated rate, which leads many to 
require special education services, to be more likely to be involved in 
the juvenile and criminal justice systems, and to have long-term mental 
health needs.
  The passage of H.R. 4957 will create technical assistance programs in 
the Bureau of Indian Affairs, allow for urban Indian organizations to 
partner with Tribal governments, and ensure culturally competent care.
  I thank subcommittee Chair Ruben Gallego for introducing and 
championing this vitally important legislation, and I urge my 
colleagues to support H.R. 4957.
  Madam Speaker, I reserve the balance of my time.
  Ms. CHENEY. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 4957 reauthorized three programs that are 
intended to prevent cases within our Indian communities of child abuse, 
neglect, family violence, and trauma, as well as providing treatment 
for victims of Indian child sexual abuse.
  The authorization for appropriations for these three programs expired 
in 1997. This bill also makes important underlying technical changes to 
the statute, requiring agency reports on grant awards.
  Madam Speaker, while the Indian Child Protection and Family Violence 
Prevention Act is one of the only federally dedicated child abuse 
prevention and victim treatment programs providing funding for Tribal 
governments, Congress has only appropriated approximately $5 million 
for this program.
  I am grateful to the sponsor for bringing our attention to this 
important issue as we all work together to end abuse, neglect, and 
violence across our States and on our reservations.
  Madam Speaker, I yield back the balance of my time.
  Ms. HAALAND. Madam Speaker, I urge my colleagues to support the 
legislation, and I yield back the balance of my time.

[[Page H4562]]

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Haaland) that the House suspend the 
rules and pass the bill, H.R. 4957, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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