[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5049-S5050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2801. Mr. LUJAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. 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
(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
[[Page S5050]]
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.''.
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