[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4787 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4787

  To amend the Indian Child Protection and Family Violence Prevention 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2020

  Ms. McSally 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.

    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
                            (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.''.
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