[Congressional Record Volume 169, Number 150 (Monday, September 18, 2023)]
[House]
[Pages H4367-H4369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIVE AMERICAN CHILD PROTECTION ACT

  Mr. COLLINS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 663) 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. 663

       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

[[Page H4368]]

       (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.''.

     SEC. 3. LIMITATION ON APPROPRIATIONS.

       No additional amounts are authorized to carry out this Act 
     or any of the amendments made by this Act. Each program, 
     project, and activity authorized by this Act or the 
     amendments made by this Act shall be subject to the 
     availability of appropriations made in advance for such 
     purposes.

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


                             General Leave

  Mr. COLLINS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H.R. 663, as amended, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. COLLINS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 663, the Native American Child Protection Act, 
introduced by Congressman Gallego from Arizona, would amend the Indian 
Child Protection and Family Violence Prevention Act to reauthorize 
three programs administered by the Department of Health and Human 
Services and the Department of the Interior.
  These programs include the Indian Child Abuse Treatment Grant 
Program, the Indian Child Protection and Family Violence Prevention 
Program, and the Indian Child Resource and Family Service Centers, 
which would be renamed the national Indian child resource and family 
service center under this legislation.
  These programs are intended to prevent cases within Indian 
communities where child abuse, neglect, family violence, and trauma may 
occur, and to provide treatment for victims of Indian child sexual 
abuse.
  H.R. 663 also makes several technical changes to the underlying 
statute and requires agency reports on grant awards and performance.
  The Indian Child Protection and Family Violence Prevention Act was 
introduced in 1989 by the late Arizona Senator John McCain in response 
to widespread reports that Native children were being physically and 
sexually abused, that these incidents were going underreported, and 
that there needed to be supports in place to ensure the Bureau of 
Indian Affairs could handle the situation at the time.
  The act created the programs that H.R. 663 would reauthorize, and it 
included provisions to provide Tribes with technical assistance 
training and other resources related to the investigation and treatment 
of the cases of family violence, abuse, and neglect.
  The authorization for these programs expired in 1997. H.R. 663 would 
reauthorize these programs and make improvements to the programs' 
operations and service delivery.
  Advocates cite the Indian Child Protection and Family Violence 
Prevention Act as the only Federal statute that sets aside funding for 
Tribal governments dedicated to child abuse prevention and victim 
treatment funding for Tribal governments.
  I appreciate the gentleman from Arizona for bringing attention to 
this important issue, as abuse, neglect, and violence have no place in 
any community.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of my bill, H.R. 663, the Native 
American Child Protection Act.
  American Indian and Alaska Native children have the highest rate of 
child abuse in the United States, at a rate of 15 cases for every 1,000 
children. This can have devastating impacts on a child's cognitive, 
emotional, and neurological development, and can last them well into 
adulthood and even their entire life.
  On top of this crisis, the Supreme Court recently heard a case 
attempting to gut the Indian Child Welfare Act, which protects the 
rights of Native children and families. That is why passing the Native 
American Child Protection Act today is so timely.
  My bipartisan bill reauthorizes and revises programs that give Tribes 
the tools to treat, prevent, investigate, and prosecute child abuse and 
family violence involving Native American children.
  The programs in this bill were originally led by another Arizonian 
back in 1990 through John McCain's Indian Child Protection and Family 
Violence Prevention Act. That bill was part of a promise to answer for 
the tragic abuse that happened at federally run Native American 
boarding schools, but the programs had never been fully funded, were 
never authorized, and eventually

[[Page H4369]]

expired. This is a failure by the Federal Government and a continuation 
of centuries of broken promises.
  By passing H.R. 663, we will take a step to right this wrong. We will 
create a national Indian resource and family service center to help 
Tribes and urban Indian organizations with training and program 
development. We will develop new intergovernmental agreements between 
Tribes and States to prevent, investigate, treat, and prosecute family 
violence, and will encourage culturally appropriate treatments and 
services for children who have been impacted.
  In a place where we see a lot of partisan bickering, it is heartening 
to see so much bipartisan support around Tribal issues, including my 
Republican counterpart and co-lead on this bill, Representative 
Newhouse.
  I also thank Natural Resources Committee Chairman Westerman and 
Ranking Member Raul Grijalva, as well as Indian and Insular Affairs 
Subcommittee Chairwoman Hageman and Ranking Member Leger Fernandez for 
their support.
  The Native American Child Protection Act is another chance for us to 
work together to fulfill our promise to help this vulnerable 
population.
  Mr. Speaker, I urge my colleagues to support final passage of H.R. 
663, and I reserve the balance of my time.
  Mr. COLLINS. Mr. Speaker, I have no further requests for time. I am 
prepared to close, and I continue to reserve the balance of my time.
  Mr. GALLEGO. Mr. Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  Mr. COLLINS. Mr. Speaker, this legislation does the critical work of 
Congress to update and reauthorize programs. This work is especially 
important when the programs in question help protect children and 
support Tribes in caring for their Tribal members.
  Mr. Speaker, I urge the adoption of this bill, and I yield back the 
balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 663, 
the Native American Child Protection Act.
  This bill reauthorizes through FY2028 and otherwise revises certain 
programs related to the prevention, investigation, treatment, and 
prosecution of family violence, child abuse, and child neglect 
involving Indian children and families.
  Specifically, the bill revises the Indian Child Abuse Treatment Grant 
Program to encourage the use of grants for culturally appropriate 
treatment services and programs.
  The bill renames the Indian Child Resource and Family Services 
Centers as the National Indian Child Resource and Family Services 
Center.
  It also requires the center to:
  (1) provide advice, technical assistance, and training to urban 
Indian organizations;
  (2) develop certain technical assistance materials for Indian tribes, 
tribal organizations, and urban Indian organizations;
  And (3) develop model intergovernmental agreements between tribes and 
states to prevent, investigate, treat, and prosecute incidents of 
family violence, child abuse, and child neglect involving Indian 
children and families.
  Additionally, the bill revises the Indian Child Protection and Family 
Violence Prevention Program to allow Indian tribes, tribal 
organizations, and intertribal consortia to use program funds for 
additional activities, such as operational costs for child protective 
services.
  American Indian and Alaska Native children who experience child 
maltreatment or family violence often have few opportunities to find 
accessible, culturally appropriate services to help them address the 
trauma from these events.
  Furthermore, prevention funding is almost non-existent for this 
population, removing opportunities to prevent trauma before it happens 
and avoid families and children slipping into crisis.
  The federal government has a solemn responsibility to ensure that the 
most vulnerable members of Indigenous communities--children--are 
protected.
  According to the American Indian Center of Houston, there are over 
60,000 Native Americans in the Houston area.
  Additionally, there are around 137,000 Native Americans in Texas and 
around 2.6 million Native Americans in the U.S.
  This is a significant number of people, not only in my community but 
the whole nation, that deserve protection.
  Guarding against crimes committed against our Native communities 
should always be one of our highest priorities, and this bill is a 
strong step in the right direction.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Collins) that the House suspend the rules 
and pass the bill, H.R. 663, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. COLLINS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________