[Congressional Record Volume 166, Number 163 (Monday, September 21, 2020)]
[House]
[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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