[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[House]
[Pages H2894-H2896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIVE AMERICAN CHILDREN'S SAFETY ACT

  Mr. COOK. Mr. Speaker, I move to suspend the rules and pass the bill 
(S. 184) to amend the Indian Child Protection and Family Violence 
Prevention Act to require background checks before foster care 
placements are ordered in tribal court proceedings, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 184

       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 Children's 
     Safety Act''.

     SEC. 2. CRIMINAL RECORDS CHECKS.

       Section 408 of the Indian Child Protection and Family 
     Violence Prevention Act (25 U.S.C. 3207) is amended by adding 
     at the end the following:
       ``(d) By Tribal Social Services Agency for Foster Care 
     Placements in Tribal Court Proceedings.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered individual.--The term `covered individual' 
     includes--
       ``(i) any individual 18 years of age or older; and
       ``(ii) any individual who the tribal social services agency 
     determines is subject to a criminal records check under 
     paragraph (2)(A).
       ``(B) Foster care placement.--The term `foster care 
     placement' means any action removing an Indian child from a 
     parent or Indian custodian for temporary placement in a 
     foster home or institution or the home of a guardian or 
     conservator if--
       ``(i) the parent or Indian custodian cannot have the child 
     returned on demand; and
       ``(ii)(I) parental rights have not been terminated; or
       ``(II) parental rights have been terminated but the child 
     has not been permanently placed.
       ``(C) Indian custodian.--The term `Indian custodian' means 
     any Indian--
       ``(i) who has legal custody of an Indian child under tribal 
     law or custom or under State law; or
       ``(ii) to whom temporary physical care, custody, and 
     control has been transferred by the parent of the child.
       ``(D) Parent.--The term `parent' means--
       ``(i) any biological parent of an Indian child; or
       ``(ii) any Indian who has lawfully adopted an Indian child, 
     including adoptions under tribal law or custom.
       ``(E) Tribal court.--The term `tribal court' means a 
     court--
       ``(i) with jurisdiction over foster care placements; and
       ``(ii) that is--

       ``(I) a Court of Indian Offenses;
       ``(II) a court established and operated under the code or 
     custom of an Indian tribe; or
       ``(III) any other administrative body of an Indian tribe 
     that is vested with authority over foster care placements.

       ``(F) Tribal social services agency.--The term `tribal 
     social services agency' means the agency of an Indian tribe 
     that has the primary responsibility for carrying out foster 
     care licensing or approval (as of the date on which the 
     proceeding described in paragraph (2)(A) commences) for the 
     Indian tribe.
       ``(2) Criminal records check before foster care 
     placement.--
       ``(A) In general.--Except as provided in paragraph (3), no 
     foster care placement shall be finally approved and no foster 
     care license shall be issued until the tribal social services 
     agency--
       ``(i) completes a criminal records check of each covered 
     individual who resides in the household or is employed at the 
     institution in which the foster care placement will be made; 
     and
       ``(ii) concludes that each covered individual described in 
     clause (i) meets such standards as the Indian tribe shall 
     establish in accordance with subparagraph (B).
       ``(B) Standards of placement.--The standards described in 
     subparagraph (A)(ii) shall include--
       ``(i) requirements that each tribal social services agency 
     described in subparagraph (A)--

       ``(I) perform criminal records checks, including 
     fingerprint-based checks of national crime information 
     databases (as defined in section 534(f)(3) of title 28, 
     United States Code);
       ``(II) check any abuse registries maintained by the Indian 
     tribe; and
       ``(III) check any child abuse and neglect registry 
     maintained by the State in which the covered individual 
     resides for information on the covered individual, and 
     request any other State in which the covered individual 
     resided in the preceding 5 years, to enable the tribal social 
     services agency to check any child abuse and neglect registry 
     maintained by that State for such information; and

[[Page H2895]]

       ``(ii) any other additional requirement that the Indian 
     tribe determines is necessary and permissible within the 
     existing authority of the Indian tribe, such as the creation 
     of voluntary agreements with State entities in order to 
     facilitate the sharing of information related to the 
     performance of criminal records checks.
       ``(C) Results.--Except as provided in paragraph (3), no 
     foster care placement shall be ordered in any proceeding 
     described in subparagraph (A) if an investigation described 
     in clause (i) of that subparagraph reveals that a covered 
     individual described in that clause has been found by a 
     Federal, State, or tribal court to have committed any crime 
     listed in clause (i) or (ii) of section 471(a)(20)(A) of the 
     Social Security Act (42 U.S.C. 671(a)(20)(A)).
       ``(3) Emergency placement.--Paragraph (2) shall not apply 
     to an emergency foster care placement, as determined by a 
     tribal social services agency.
       ``(4) Recertification of foster homes or institutions.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, each Indian tribe shall 
     establish procedures to recertify homes or institutions in 
     which foster care placements are made.
       ``(B) Contents.--The procedures described in subparagraph 
     (A) shall include, at a minimum, periodic intervals at which 
     the home or institution shall be subject to recertification 
     to ensure--
       ``(i) the safety of the home or institution for the Indian 
     child; and
       ``(ii) that each covered individual who resides in the home 
     or is employed at the institution is subject to a criminal 
     records check in accordance with this subsection, including 
     any covered individual who--

       ``(I) resides in the home or is employed at the institution 
     on the date on which the procedures established under 
     subparagraph (A) commences; and
       ``(II) did not reside in the home or was not employed at 
     the institution on the date on which the investigation 
     described in paragraph (2)(A)(i) was completed.

       ``(C) Guidance issued by the secretary.--The procedures 
     established under subparagraph (A) shall be subject to any 
     regulation or guidance issued by the Secretary that is in 
     accordance with the purpose of this subsection.
       ``(5) Guidance.--Not later than 2 years after the date of 
     enactment of this subsection and after consultation with 
     Indian tribes, the Secretary shall issue guidance regarding--
       ``(A) procedures for a criminal records check of any 
     covered individual who--
       ``(i) resides in the home or is employed at the institution 
     in which the foster care placement is made after the date on 
     which the investigation described in paragraph (2)(A)(i) is 
     completed; and
       ``(ii) was not the subject of an investigation described in 
     paragraph (2)(A)(i) before the foster care placement was 
     made;
       ``(B) self-reporting requirements for foster care homes or 
     institutions in which any covered individual described in 
     subparagraph (A) resides if the head of the household or the 
     operator of the institution has knowledge that the covered 
     individual--
       ``(i) has been found by a Federal, State, or tribal court 
     to have committed any crime listed in clause (i) or (ii) of 
     section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 
     671(a)(20)(A)); or
       ``(ii) is listed on a registry described in clause (II) or 
     (III) of paragraph (2)(B)(i);
       ``(C) promising practices used by Indian tribes to address 
     emergency foster care placement procedures under paragraph 
     (3); and
       ``(D) procedures for certifying compliance with this 
     Act.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Cook) and the gentleman from Arizona (Mr. Gallego) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. COOK. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. COOK. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of S. 184, the Native American Children's 
Safety Act, which amends the Indian Child Protection and Family 
Violence Prevention Act.
  The bill requires tribal Social Service agencies to perform character 
background investigations of all foster care parents and adults living 
in foster care homes prior to placement of an Indian child into a 
foster home.
  This bill creates a framework by which tribes must conduct thorough 
background checks of individuals who reside in or are employed by a 
foster home or institution in which tribal foster placements are made.
  The bill would protect Indian foster children from being placed if 
the background check reveals a conviction by a Federal, State, or 
tribal court of felony child abuse, neglect, or crimes against 
children.
  S. 184 is the companion to H.R. 1168, sponsored by the gentleman from 
North Dakota (Mr. Cramer). H.R. 1168 passed the House of 
Representatives by voice vote on June 1, 2015.
  These bills are the culmination of years of work led by Mr. Cramer as 
he and his colleagues in the North Dakota delegation worked to address 
a very sad child abuse problem plaguing an Indian reservation in his 
State.
  Passage of S. 184 is a critical first step toward ensuring that 
Indian children are placed in safe, secure, and loving homes within 
their tribal communities.
  Again, I would like to thank my good friend, the gentleman from North 
Dakota (Mr. Cramer), for his hard work on this important issue.
  I urge an ``aye'' vote on S. 184.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we are all aware of the challenges that Native children 
face when it comes to their health, safety, and security. For example, 
Native children are 2.1 times more likely than other American children 
to end up in foster care. They are also 2.5 times more likely to become 
victims of abuse or neglect.
  The Native American Children's Safety Act will help to address these 
disparities by strengthening background checks for prospective foster 
care parents prior to placement. In addition, the legislation will 
ensure that Federal and tribal agencies conduct these checks in a 
uniform manner.
  The House previously passed an identical bill, H.R. 1168, introduced 
by our colleague from North Dakota (Mr. Cramer), and it is critical 
that we pass the Senate version as well.
  Mr. Speaker, there are many troubling issues that we in Congress must 
address in order to reverse the alarming trends that we see today in 
the health, safety, and well-being of Native children.
  These kids deserve far more of our time and our attention; yet, for 
too long their needs have been neglected by this body.
  So, Mr. Speaker, I call on Congress to reverse this pattern of 
neglect and to start passing legislation like the bill before us today 
that will help protect and provide for our Native children.
  Mr. Speaker, I want to thank Senators Hoeven and Tester for 
introducing and moving the Native American Children's Safety Act 
through the Senate.
  I ask my colleagues to stand with me in support of S. 184 and in 
support of our Native children.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COOK. Mr. Speaker, I yield such time as he may consume to the 
gentleman from North Dakota (Mr. Cramer), the author of the House 
companion bill.
  Mr. CRAMER. Mr. Speaker, I thank now my two favorite marines. That 
was very nice. Thanks to both of them.
  Last Congress, in the Natural Resources Committee, we actually had an 
oversight hearing regarding the child protection crisis on the Spirit 
Lake Indian Reservation in my State of North Dakota in response to 
numerous child deaths and whistleblower reports detailing unsafe tribal 
placement of almost 40 foster children in abusive homes, many of these 
homes that were headed by convicted sex offenders.
  In an effort to protect these children, I did introduce the Native 
American Children's Safety Act in the House, which is a companion bill, 
as noted by previous speakers, that was introduced in the Senate by 
Senator Hoeven and Senator Tester.
  Both bills passed their respective Chambers without objection. Today 
I am asking my colleagues here in the House to join me in passing the 
Senate bill so that we can get it to the President for his quick 
signature.
  As stated, the bill implements across-the-board minimum protections 
for children placed in foster care at the direction of a tribal court. 
And, yes, the statistics are stark. Native American children are 2.5 
times more likely to be victims of abuse or neglect than other American 
children.

[[Page H2896]]

  But, Mr. Speaker, children exposed to violence are also more likely 
to abuse drugs and alcohol. They are more likely to suffer from 
depression and anxiety and other post-traumatic disorders.
  The standards in this bill mirror existing national requirements for 
non-tribal foster care placements, ensuring that tribal children 
receive care at least equal to that in the protections afforded non-
tribal children.
  It is bipartisan, as you can tell. It is noncontroversial, as you can 
tell. It was reported out of the Natural Resources Committee by 
unanimous consent both this Congress and the last Congress.
  But I want to add this word of thanks to other folks who were very 
helpful. I want to thank the National Indian Child Welfare Association, 
the National Congress of American Indians, the Bureau of Indian 
Affairs, and the Department of Health and Human Services, all of whom 
provided insights and suggestions for this bill.
  Their counsel proved valuable in providing the flexibility to the 
tribes without hampering, stepping on their sovereignty, so that they 
could transition to these uniform standards and help save perhaps many, 
many lives on our reservations.
  I thank my colleagues. I urge a ``yes'' vote.
  Mr. COOK. Mr. Speaker, I yield back the balance of my time.

                              {time}  1515

  Mr. GALLEGO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Cook) that the House suspend the rules 
and pass the bill, S. 184.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________