[House Report 116-493]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 116-493

======================================================================
 
                  NATIVE AMERICAN CHILD PROTECTION ACT

                                _______
                                

 September 8, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4957]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4957) to amend the Indian Child Protection and 
Family Violence Prevention Act, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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;
                          ``(ii) psychological or verbal abuse that 
                        causes serious emotional or mental injury to a 
                        child; or
                          ``(iii) 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'';
                                  (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.''.

                          Purpose of the Bill

    The purpose of H.R. 4957 is to amend the Indian Child 
Protection and Family Violence Prevention Act.

                  Background and Need for Legislation

    There is an enormous need for family violence prevention 
and treatment resources in tribal communities. Native women are 
more likely than any other population to experience domestic 
violence. In fact, more than one in three Native women 
experience domestic violence at some point in their lives.\1\ 
Further, Native children experience child abuse and neglect at 
an elevated rate. They are victims of child maltreatment at a 
rate of 13.8 per 1,000, compared to the national rate of 9.2 
children per 1,000.\2\ Studies show that in 49-70% of cases 
nationally, men who abuse their partners also abuse their 
children,\3\ while child abuse investigations reveal violence 
against the mother in 28-59% of all cases.\4\
---------------------------------------------------------------------------
    \1\M.C. Black & M.J. Breiding, Adverse Health Conditions and Health 
Risk Behaviors Associated with Intimate Partner Violence--United 
States, 2005, at tbl. 1, 57(05) Morbidity & Mortality Wkly. Rep. 113 
(2008), available at https://www.cdc.gov/mmwr/preview/mmwrhtml/
mm5705a1.htm.
    \2\U.S. Dep't of Health & Human Servs., Admin. for Child. & Fams., 
Admin. on Child., Youth & Fams., Child.'s Bureau, Child Maltreatment 
2015, at 18, 20 (2017), https://www.acf.hhs.gov/sites/default/files/cb/
cm2015.pdf.
    \3\Maureen White Eagle, Bonnie Clairmont & Lonna Hunter, Tribal L. 
& Pol'y Inst., Responses to the Co-Occurrence of Child Maltreatment and 
Domestic Violence in Indian Country: Repairing the Harm and Protecting 
Children and Mothers (2011) (citing Lundy Bancroft & Jay G. Silverman, 
The Batterer As Parent 42-44 (2002)).
    \4\Janet Carter, Family Violence Prevention Fund, Domestic 
Violence, Child Abuse, and Youth Violence: Strategies for Prevention 
and Early Intervention (2000).
---------------------------------------------------------------------------
    Child abuse prevention funding is vital to the well-being 
of tribal communities. Beyond the emotional trauma, victims of 
child maltreatment are more likely to require special education 
services, more likely to be involved in the juvenile and 
criminal justice systems, and more likely to have long-term 
mental health needs.\5\
---------------------------------------------------------------------------
    \5\Xiangming Fang, Derek S. Brown, Curtis Florence & James A. 
Mercy, The Economic Burden of Child Maltreatment in the United States 
and Implications for Prevention, 36(2) Child Abuse & Neglect 156 
(2012), https://doi.org/10.1016/j.chiabu.2011.10.006.
---------------------------------------------------------------------------

       INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT

    The Indian Child Protection and Family Violence Prevention 
Act\6\ was enacted in 1990, following widespread reports that 
Native children were being physically and sexually abused in 
Bureau of Indian Affairs (BIA) run boarding schools in the 
1980s. Further review of the issue led to the conclusion that 
incidents of abuse of children on Indian reservations were 
grossly underreported and that such underreporting resulted 
from the lack of a mandatory federal reporting law. 
Additionally, background investigations of federal employees 
who care for, or teach, Indian children were found to be 
deficient, and current programs and funding were found 
inadequate to meet the growing needs for mental health 
treatment and counseling for victims of child abuse and family 
violence in Indian country.
---------------------------------------------------------------------------
    \6\Pub. L. No. 101-630, tit. IV, 104 Stat. 4544 (1990), https://
uscode.house.gov/statviewer.htm?volume=104&page=4544 (codified as 
amended at 25 U.S.C. Sec. Sec. 3201 et seq., https://uscode.house.gov/
table3/101_630.htm) (statutory compilation as amended through P.L. 114-
165 at https://www.govinfo.gov/content/pkg/COMPS-1401/pdf/COMPS-
1401.pdf).
---------------------------------------------------------------------------
    The goal of the Indian Child Protection and Family Violence 
Prevention Act was to identify the scope of the problem in 
Indian country, to fill any gaps in tribal child welfare 
services to ensure better coordination between child welfare 
and domestic violence programs, and to reduce incidents by 
providing funds for mental health treatment. It mandated 
greater coordination between law enforcement and child 
protection agencies serving Native children, improved reporting 
standards before and during investigations of alleged child 
abuse and neglect, and required criminal background checks for 
BIA, Indian Health Service (IHS), and tribal employees with 
contact or control over Native children.
    The Act also authorized funding to create Indian Child 
Resource and Family Services Centers in each of the BIA 
regional areas, which would consist of multi-disciplinary teams 
of personnel with experience and training in the prevention, 
identification, investigation, and treatment of child abuse and 
neglect. Finally, the Act authorized funding for two tribal 
grant programs:
           the Indian Child Protection and Family 
        Violence Prevention Program, which funds prevention 
        programming as well as investigation and emergency 
        shelter services for victims of family violence; and
           the Indian Child Abuse Treatment Grant 
        Program, which funds treatment programs for victims of 
        child abuse.
    The centers were never established, and to this day, these 
two grant programs are still the only tribal-specific 
prevention and treatment programs for Native children who are 
at risk of being abused or have been abused. The total 
authorization for the centers and both programs was set at $43 
million per year. However, only $5 million total has ever been 
appropriated since the law was enacted in 1990. The grant 
programs were last reauthorized in 1995 for an additional two 
years, expiring in 1997.\7\
---------------------------------------------------------------------------
    \7\Pub. L. No. 104-16, 109 Stat. 190 (1995), https://
uscode.house.gov/statviewer.htm?volume=109&page=190.
---------------------------------------------------------------------------

                              LEGISLATION

    H.R. 4957 adds ``psychological or verbal abuse that causes 
serious emotional or mental injury to a child'' as one of the 
criteria that define ``child abuse'' as it pertains to the 
Act.\8\
---------------------------------------------------------------------------
    \8\25 U.S.C. Sec. 3202(3)(A).
---------------------------------------------------------------------------
    The bill makes various language improvements to the Indian 
Child Abuse Treatment Grant Program,\9\ as well as ensures 
urban Indian organizations can participate in the program. The 
bill removes the current maximum grant allocation limit of 
$500,000. It also directs IHS to encourage the use of 
culturally appropriate treatment services and programs that 
respond to the unique values, customs, and traditions of Indian 
Tribes, and requires that IHS submit a report to Congress 
within two years after enactment on the status of the award of 
the grants, including a description of treatment and services 
for which grantees have used the funds. The bill reauthorizes 
the program from FY 2021 to FY 2026 and increases the 
authorization level from $10 million to $30 million per year.
---------------------------------------------------------------------------
    \9\Id. at Sec. 3208.
---------------------------------------------------------------------------
    H.R. 4957 also replaces the individual Indian Child 
Resource and Family Services Centers\10\--which were never 
established--with a new National Indian Resource Services 
Center to provide tribes with technical assistance, advice, and 
training on addressing child abuse, family violence, and child 
neglect. The Center will also support efforts to improve 
intergovernmental coordination between federal and tribal 
personnel responding to those issues. The Center shall be 
established within one year after the date of the enactment of 
H.R. 4957, and BIA shall submit a report to Congress on the 
status of the Center within two years after the date of 
enactment.
---------------------------------------------------------------------------
    \10\Id. at Sec. 3209.
---------------------------------------------------------------------------
    H.R. 4957 ensures that urban Indian organizations can 
receive services from the Center, ensures state agencies are 
included when recommendations are established, and encourages 
the development of intergovernmental agreements that can 
provide for maximum cooperation in the furtherance of 
prevention, investigation, treatment, and prosecution of 
incidents of family violence and child abuse and neglect. The 
Center is authorized to receive $3 million per year from FY 
2021 to FY 2026.
    Finally, H.R. 4957 improves upon and reauthorizes the 
Indian Child Protection and Family Violence Prevention 
Program.\11\ The bill requires the development of agreements 
between tribes, states, or private agencies on the coordination 
of child abuse and neglect prevention, investigation, and 
treatment services, as well as the development of a tribal 
child protection team to assist in the prevention and 
investigation of child abuse and neglect. The legislation sets 
a timeframe of one year for the Secretary of the Interior, in 
consultation with Indian Tribes, to develop appropriate 
caseload standards and staffing requirements. The bill also 
requires that BIA submit a report to Congress within two years 
after enactment on the status of the award of the grants, 
including a description of treatment and services for which 
grantees have used the funds. The program is reauthorized from 
FY 2021 to FY 2026, and the authorization level is increased 
from $30 million to $60 million per year.
---------------------------------------------------------------------------
    \11\Id. at Sec. 3210.
---------------------------------------------------------------------------
    The legislation was crafted in cooperation with and is 
supported by the National Indian Child Welfare Association 
(NICWA) and the National Congress of American Indians (NCAI), 
as well as a broad coalition of other tribal and child welfare 
advocacy groups.

                            Committee Action

    H.R. 4957 was introduced on October 31, 2019, by 
Representative Ruben Gallego (D-AZ). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee for Indigenous Peoples of the 
United States. On November 13, 2019, the Subcommittee held a 
hearing on the bill. On December 5, 2019, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Representative Gallego offered 
an amendment designated Gallego #077. The amendment was agreed 
to by unanimous consent. No additional amendments were offered, 
and the bill, as amended, was adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 4957: legislative hearing by the Subcommittee for 
Indigenous Peoples of the United States held on November 13, 
2019.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Compliance With House Rule XIII and 
                        Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 29, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4957, the Native 
American Child Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Expand the definition of child abuse under 
        the Indian Child Protection and Family Violence Act
           Require the Bureau of Indian Affairs and the 
        Indian Health Service to provide grants to tribal 
        governments and organizations to combat child abuse, 
        child neglect, and family violence affecting tribes
           Raise the cost of an existing mandate on 
        local law enforcement and child protective services 
        agencies by requiring those agencies to file additional 
        reports on child abuse with the Federal Bureau of 
        Investigation
    Estimated budgetary effects would primarily stem from
           Spending of amounts authorized in the bill
    Bill summary: H.R. 4957 would expand the definition of 
child abuse under the Indian Child Protection and Family 
Violence Act to include psychological or verbal abuse that 
causes serous emotional or mental injury to a child. The bill 
also would direct the Indian Health Service (IHS) and the 
Bureau of Indian Affairs (BIA) to carry out programs to combat 
child abuse, child neglect, and family violence affecting 
tribes and would authorize appropriations for those programs 
beginning in 2021.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 4957 is shown in Table 1. The costs of the legislation 
fall within budget function 450 (community and regional 
development).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4957
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, millions of dollars--
                                                            ----------------------------------------------------
                                                              2020   2021   2022   2023   2024   2025  2020-2025
----------------------------------------------------------------------------------------------------------------
Indian Child Protection and Family Violence Prevention
 Program
    Authorization..........................................      0     60     60     60     60     60       300
    Estimated Outlays......................................      0     39     54     58     59     59       269
National Indian Child Resource and Family Services Center
    Authorization..........................................      0      3      3      3      3      3        15
    Estimated Outlays......................................      0      2      3      3      3      3        14
Indian Health Service
    Authorization..........................................      0     30     30     30     30     30       150
    Estimated Outlays......................................      0     22     28     29     29     29       137
    Total Changes
        Authorization......................................      0     93     93     93     93     93       465
        Estimated Outlays..................................      0     63     85     90     91     91       420
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4957 will be enacted during fiscal year 2020 and that the 
authorized amounts will be appropriated for each fiscal year 
beginning in 2021. Estimated outlays are based on historical 
spending patterns for similar programs and activities. CBO 
estimates that implementing H.R. 4957 would cost $420 million 
over the 2021-2025 period and $138 million after 2025.
    Indian Child Protection and Family Violence Protection 
Program: H.R. 4957 would direct BIA to establish a program to 
investigate, treat, and prevent child abuse, child neglect, and 
family violence affecting tribes. The bill would authorize BIA 
to provide those services directly or to enter into agreements 
with tribal agencies to carry out services funded by federal 
grants. H.R. 4957 would authorize the appropriation of $60 
million annually from 2021 through 2026 for BIA to carry out 
the program and would require the agency to report to the 
Congress within two years of enactment on how grantees have 
used funds awarded under the program.
    National Indian Child Resources and Family Services Center: 
H.R. 4957 would direct BIA to establish a National Indian Child 
Resource and Family Services Center to provide training and 
technical assistance to tribal governments and federal 
personnel on how to respond to cases of child abuse, child 
neglect, and family violence affecting tribes. The bill would 
direct the agency to create an advisory board, consisting of 
members from tribal governments and organizations with 
expertise in those issues to advise the center on how to 
implement its programs. The bill would authorize the 
appropriation of $3 million annually from 2021 through 2026 for 
the operation of the center.
    Indian Health Service: H.R. 4957 would direct IHS to 
establish a grant program for tribes and intertribal consortia 
to provide treatment to Indians who have been victims of child 
abuse and neglect. The bill would direct the agency, as part of 
the grant award process, to encourage the use of treatment 
services that are culturally appropriate for Indian tribes. The 
legislation would authorize the appropriation of $30 million 
annually from 2021 through 2026 for IHS to carry out the 
program and would require the agency to report to the Congress 
within two years of enactment on how grantees have used funds 
awarded under the program.
    Pay-As-You-Go considerations: None.
    Increase in long-term deficits: None.
    Mandates: Current law requires local agencies of child 
protective services and local law enforcement to report 
instances of child abuse in Indian country to the Federal 
Bureau of Investigation (FBI). H.R. 4957 would expand the 
definition of child abuse in Indian country to include verbal 
and psychological abuse.
    The bill would impose an intergovernmental mandate under 
the Unfunded Mandates Reform Act (UMRA) on local law 
enforcement and local agencies of child protective services 
because the expanded definition would require those entities to 
file additional reports on child abuse with the FBI. CBO 
estimates the cost of the mandate would be below the annual 
threshold established in UMRA for the intergovernmental sector 
($84 million in 2020, adjusted annually for inflation).
    H.R. 4957 contains no private-sector mandates as defined in 
UMRA.
    Estimate prepared by: Federal Costs: Jon Sperl and Rob 
Stewart; Mandates: Rachel Austin.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Indian Child 
Protection and Family Violence Prevention Act.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, H.R. 4957 would impose an 
intergovernmental mandate under the Unfunded Mandates Reform 
Act (UMRA) on local law enforcement and local agencies of child 
protective services because the expanded definition would 
require those entities to file additional reports on child 
abuse with the FBI. CBO estimates the cost of the mandate would 
be below the annual threshold established in UMRA for the 
intergovernmental sector ($84 million in 2020, adjusted 
annually for inflation). H.R. 4957 contains no private-sector 
mandates as defined in UMRA. CBO's full analysis is reproduced 
above.

                Federal Advisory Committee Act Statement

    The bill establishes an advisory board to advise and assist 
the National Indian Child Resource and Family Services Center 
in carrying out its activities. In reporting the bill favorably 
to the House of Representatives, the Committee on Natural 
Resources finds that these functions would be better performed 
by the proposed advisory board than by one or more agencies or 
another existing advisory committee.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such programs were not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Indian Child Protection 
and Family Violence Prevention Program and the Indian Child 
Abuse Treatment Grant Program revised and reauthorized by this 
bill are related and complementary to, but not duplicative of, 
the following programs in the most recent Catalog of Federal 
Domestic Assistance published pursuant to 31 U.S.C. Sec.  6104: 
Crime Victim Assistance/Discretionary Grants (CFDA No. 16.582), 
Children's Justice Act Partnerships for Indian Communities 
(CFDA No. 16.583), Community-Based Child Abuse Prevention 
Grants (CFDA No. 93.590), Native American Programs (CFDA No. 
93.612), Stephanie Tubbs Jones Child Welfare Services Program 
(CFDA No. 93.645), Child Abuse and Neglect Discretionary 
Activities (CFDA No. 93.670), and Family Violence Prevention 
and Services/Domestic Violence Shelter and Supportive Services 
(CFDA No. 93.671).

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

       INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT




           *       *       *       *       *       *       *
TITLE IV--INDIAN CHILD PROTECTION

           *       *       *       *       *       *       *


SEC. 403. DEFINITIONS.

   For the purposes of this title, the term--
          (1) ``Bureau'' means the Bureau of Indian Affairs of 
        the Department of the Interior;
          (2) ``child'' means an individual who--
                  (A) is not married, and
                  (B) has not attained 18 years of age;
          (3) ``child abuse'' includes but is not limited to--
                  [(A) any case in which--
                          [(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; 
                        and]
                  (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;
                          (ii) psychological or verbal abuse 
                        that causes serious emotional or mental 
                        injury to a child; or
                          (iii) a child is subjected to sexual 
                        assault, sexual molestation, sexual 
                        exploitation, sexual contact, or 
                        prostitution;
                  (B) any case in which a child is subjected to 
                sexual assault, sexual molestation, sexual 
                exploitation, sexual contact, or prostitution;
          (4) ``child neglect'' includes but is not limited to, 
        negligent treatment or maltreatment of a child by a 
        person, including a person responsible for the child's 
        welfare, under circumstances which indicate that the 
        child's health or welfare is harmed or threatened 
        thereby;
          (5) ``family violence'' means any act, or threatened 
        act, of violence, including any forceful detention of 
        an individual, which--
                  (A) results, or threatens to result, in 
                physical or mental injury, and
                  (B) is committed by an individual against 
                another individual--
                          (i) to whom such person is, or was, 
                        related by blood or marriage or 
                        otherwise legally related, or
                          (ii) with whom such person is, or 
                        was, residing;
          (6) ``Indian'' means any individual who is a member 
        of an Indian tribe;
          (7) ``Indian child'' has the meaning given to such 
        term by section 4(4) of the Indian Child Welfare Act of 
        1978 (25 U.S.C. 1903(4));
          (8) ``Indian country'' has the meaning given to such 
        term by section 1151 of title 18, United States Code;
          (9) ``Indian reservation'' means any Indian 
        reservation, public domain Indian allotment, former 
        Indian reservation in Oklahoma, or lands held by 
        incorporated Native groups, regional corporations, or 
        village corporations under the provisions of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
          (10) ``Indian tribe'' and ``tribal organization'' 
        have the respective meanings given to each of such 
        terms under section 4 of the Indian Self Determination 
        and Education Assistance Act (25 U.S.C. 450b);
          (11) ``inter-tribal consortium'' means a partnership 
        between--
                  (A) an Indian tribe or tribal organization of 
                an Indian tribe, and
                  (B) one or more Indian tribes or tribal 
                organizations of one or more other Indian 
                tribes;
          (12) ``local child protective services agency'' means 
        that agency of the Federal Government, of a State, or 
        of an Indian tribe that has the primary responsibility 
        for child protection on any Indian reservation or 
        within any community in Indian country;
          (13) ``local law enforcement agency'' means that 
        Federal, tribal, or State law enforcement agency that 
        has the primary responsibility for the investigation of 
        an instance of alleged child abuse within the portion 
        of Indian country involved;
          (14) ``persons responsible for a child's welfare'' 
        means any person who has legal or other recognized duty 
        for the care and safety of a child, including--
                  (A) any employee or volunteer of a children's 
                residential facility, and
                  (B) any person providing out-of-home care, 
                education, or services to children;
          (15) ``related assistance''--
                  (A) includes counseling and self-help 
                services to abusers, victims, and dependents in 
                family violence situations (which shall include 
                counseling of all family members to the extent 
                feasible) and referrals for appropriate health-
                care services (including alcohol and drug abuse 
                treatment), and
                  (B) may include food, clothing, child care, 
                transportation, and emergency services for 
                victims of family violence and their 
                dependents;
          (16) ``Secretary'' means the Secretary of the 
        Interior;
          (17) ``shelter'' means the provision of temporary 
        refuge and related assistance in compliance with 
        applicable Federal and tribal laws and regulations 
        governing the provision, on a regular basis, of 
        shelter, safe homes, meals, and related assistance to 
        victims of family violence or their dependents; and
          (18) ``Service'' means the Indian Health Service of 
        the Department of Health and Human Services.

           *       *       *       *       *       *       *


SEC. 409. INDIAN CHILD ABUSE TREATMENT GRANT PROGRAM.

  (a) Establishment of Grant Program.--[The Secretary of Health 
and Human Services, acting through the Service and in 
cooperation with the Bureau] The Service, in cooperation with 
the Bureau, shall establish an Indian Child Abuse Treatment 
Grant Program that provides grants to any Indian tribe or 
intertribal consortium for the establishment on Indian 
reservations of treatment programs for Indians who have been 
victims of child [sexual abuse] abuse or neglect.
  (b) Grant Applications.--(1) Any Indian tribe or intertribal 
consortium, on its own or in partnership with an urban Indian 
organization, may submit to the [Secretary of Health and Human 
Services] Service an application for a grant under subsection 
(a).
  (2) Any application submitted under paragraph (1)--
          (A) shall be in such form as the [Secretary of Health 
        and Human Services] Service may prescribe;
          (B) shall be submitted to [such Secretary] the 
        Service on or before the date designated by [such 
        Secretary] the Service; and
          (C) shall specify--
                  (i) the nature of the program proposed by the 
                applicant,
                  (ii) the data and information on which the 
                program is based,
                  (iii) the extent to which the program plans 
                to use or incorporate existing services 
                available on the reservation, and
                  (iv) the specific treatment concepts to be 
                used under the program.
  [(c) Maximum Grant Amount.--The maximum amount of any grant 
awarded under subsection (a) shall not exceed $500,000.]
  (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.
  (d) Grant Administration and Final Report.--Each recipient of 
a grant awarded under subsection (a) shall--
          (1) furnish the [Secretary of Health and Human 
        Services] Service with such information as [such 
        Secretary] the Service may require to--
                  (A) evaluate the program for which the grant 
                is made, and
                  (B) ensure that the grant funds are expended 
                for the purposes for which the grant was made, 
                and
          (2) submit to [such Secretary] the Service at the 
        close of the term of the grant a final report which 
        shall include such information as [the Secretary] the 
        Service may require.
  (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.
  [(e) there is hereby authorized to be appropriated to carry 
out the provisions of this section $10,000,000 for each of the 
fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.]
  (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.

SEC. 410.  NATIONAL INDIAN CHILD RESOURCE AND FAMILY SERVICES [CENTERS] 
                     CENTER.

  [(a) Establishment.--The Secretary shall establish within 
each area office of the Bureau an Indian Child Resource and 
Family Services Center.
  [(b) Memorandum of Agreement.--The Secretary and the 
Secretary of Health and Human Services shall enter into a 
Memorandum of Agreement which provides for the staffing of the 
Centers established under this section.]
  (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) Center Staffing.--[Each] The Center established under 
subsection (a) shall be staffed by a [multidisciplinary] team 
of personnel with experience and training in prevention, 
identification, investigation, and treatment of incidents of 
family violence, child abuse, and child neglect.
  (d) Center Responsibilities and Functions.--[Each] The Center 
established under subsection (a) shall--
          (1) provide advice, technical assistance, and 
        consultation to Indian tribes, tribal organizations, 
        [and inter-tribal consortia] inter-tribal consortia, 
        and urban Indian organizations upon request;
          (2) provide training to appropriate personnel of 
        Indian tribes, tribal organizations, urban Indian 
        organizations, the Bureau and the Service on the 
        identification and investigation of cases of family 
        violence, child abuse, and child neglect and, to the 
        extent practicable, coordinate with institutions of 
        higher education, including tribally controlled 
        community colleges, to offer college-level credit to 
        interested trainees;
          (3) develop training materials on the prevention, 
        identification, investigation, and treatment of 
        incidents of family violence, child abuse, and child 
        neglect for distribution to Indian tribes [and to 
        tribal organizations], Tribal organizations, and urban 
        Indian organizations;
          (4) develop recommendations to assist Federal, State, 
        [and tribal] Tribal, and urban Indian personnel to 
        respond to cases of family violence, child abuse, and 
        child neglect; and
          [(5) develop policies and procedures for each agency 
        office of the Bureau and service unit of the Service 
        within the area which, to the extent feasible, comply 
        with tribal laws pertaining to cases of family 
        violence, child abuse, and child neglect, including any 
        criminal laws, and which provide for maximum 
        cooperation with the enforcement of such laws.]
          (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)  [Multidisciplinary Team] Team Personnel.--[Each 
multidisciplinary] The team established under this section 
shall include, but is not limited to, personnel with a 
background in--
          (1) law enforcement,
          (2) child protective services,
          (3) juvenile counseling and adolescent mental health, 
        and
          (4) domestic violence.
  [(f) Center Advisory Board.--The Secretary, in consultation 
with the Secretary of Health and Human Services, shall 
establish, for each Indian Child Resource and Family Services 
Center, an advisory board to advise and assist such Center in 
carrying out its activities under this Act. Each advisory board 
shall consist of 7 members appointed by the Secretary from 
Indian tribes and human service providers served by an area 
office of the Bureau. 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 materials, and developing policies and procedures 
relating to family violence, child abuse, and child neglect.
  [(g) Application of the Indian Self-Determination Act to 
Centers.--Indian Child Resource and Family Services Centers 
established under subsection (a) shall be subject to the 
provisions of the Indian Self-Determination Act. If a Center is 
located in an area office of the Bureau which serves more than 
one Indian tribe, any application to enter into a contract to 
operate the Center pursuant to such Act must have the consent 
of each of the other tribes to be served under the contract, 
except that, in the Juneau Area, only the consent of such 
tribes or tribal consortia that are engaged in contracting of 
Indian Child Protection and Family Violence Prevention programs 
pursuant to such Act shall be required. This section shall not 
preclude the designation of an existing child resource and 
family services center operated by a tribe or tribal 
organization as a Center if all of the tribes to be served by 
the Center agree to such designation.
  [(h) Appropriations.--There are authorized to be appropriated 
to carry out the provisions of this section $3,000,000 for each 
of the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.]
  (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.

SEC. 411. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION 
                    PROGRAM.

  (a) Establishment.--The Secretary shall establish within the 
Bureau an Indian Child Protection and Family Violence 
Prevention Program to provide financial assistance to any 
Indian tribe, tribal organization, or inter-tribal consortium 
for the development of an Indian Child Protection and Family 
Violence Prevention program.
  (b) Indian Self-Determination Act Agreements.--The Secretary 
is authorized to enter into agreements with Indian tribes, 
tribal organizations, or inter-tribal consortia pursuant to the 
Indian Self-Determination Act for the establishment of Indian 
Child Protection and Family Violence Prevention programs on 
Indian reservations.
  (c) Investigation and Treatment and Prevention of Child Abuse 
and Family Violence.--An Indian tribe operating an Indian Child 
Protection and Family Violence Prevention program established 
under this section shall designate the agency or officials 
which shall be responsible--
          (1) for the investigation of reported cases of child 
        abuse and child neglect; and
          (2) for the treatment and prevention of incidents of 
        family violence; and
          (3) for the provision of immediate shelter and 
        related assistance for victims of family violence and 
        their dependents.
  (d) Program Responsibilities and Functions.--Funds provided 
pursuant to this section may be used for--
          (1) the establishment of a child protective services 
        program which may include--
                  (A) the employment of child protective 
                services staff to investigate cases of child 
                [abuse and child neglect] abuse, neglect, or 
                both,
                  (B) training programs for child protective 
                services personnel, law enforcement personnel, 
                and judicial personnel in the investigation, 
                prevention, and treatment of cases of child 
                abuse and child neglect, [and]
                  (C) purchase of equipment to assist in the 
                investigation of cases of child abuse and child 
                neglect;
                  (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;
          (2) the establishment of a family violence prevention 
        and treatment program which may include--
                  (A) the employment of family violence 
                prevention and treatment staff to respond to 
                incidents of family violence in culturally 
                appropriate ways,
                  (B) the provision of immediate shelter and 
                related assistance for victims of family 
                violence and their dependents,
                  (C) training programs that may include 
                culturally appropriate programs for family 
                violence prevention and treatment personnel, 
                law enforcement personnel, and judicial 
                personnel in the investigation, prevention, and 
                treatment of cases of family violence; and
                  (D) construction or renovation of facilities 
                for the establishment of family violence 
                shelters;
          (3) the development and implementation of a 
        multidisciplinary child abuse investigation and 
        prosecution program which may--
                  (A) coordinate child abuse and neglect 
                prevention, investigation, prosecution, 
                treatment, and counseling services,
                  (B) develop protocols among related agencies 
                to ensure that investigations of child abuse 
                [cases, to the extent practicable,] and neglect 
                cases minimize the trauma to the child victim, 
                and
                  (C) provide for the coordination and 
                cooperation of law enforcement agencies, courts 
                of competent jurisdiction, and other tribal, 
                Federal, and State agencies through 
                intergovernmental or interagency agreements 
                that define and specify each party's 
                responsibilities;
          (4) the development of tribal child protection codes 
        and regulations;
          (5) the establishment of training programs for--
                  (A) professional and paraprofessional 
                personnel in the fields of medicine, law, 
                education, social work, and other relevant 
                fields who are engaged in, or intend to work 
                in, the field of prevention, identification, 
                investigation, and treatment of family 
                violence, child abuse, and child neglect,
                  (B) instruction in methods of protecting 
                children from abuse and neglect for persons 
                responsible for the welfare of Indian children, 
                including parents of, and persons who work 
                with, Indian children, or
                  (C) educational, identification, prevention 
                and treatment services for child abuse and 
                child neglect in cooperation with preschool, 
                elementary and secondary schools, or tribally 
                controlled college or university (within the 
                meaning of section 2 of the Tribally Controlled 
                Colleges and Universities Assistance Act of 
                1978);
          (6) other community education efforts for tribal 
        members (including school children) regarding issues of 
        family violence, child abuse, and child neglect; and
          (7) such other innovative and culturally relevant 
        programs and projects as the Secretary may approve, 
        including programs and projects for--
                  (A) parental awareness and self-help,
                  (B) prevention and treatment of alcohol and 
                drug-related family violence, child abuse, and 
                child neglect, or
                  (C) home health visitor programs,
        that show promise of successfully preventing and 
        treating cases of family violence, child abuse, and 
        child neglect.
  (f) Secretarial Regulations; Base Support Funding.--(1) The 
Secretary, with the participation of Indian tribes, shall 
establish, and promulgate by regulations, a formula which 
establishes base support funding for Indian Child Protection 
and Family Violence Prevention programs.
  (2) In the development of regulations for base support 
funding for such programs, the Secretary shall [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] 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. Each level of funding assistance shall correspond 
to the staffing requirements established by the Secretary 
pursuant to this section.
  (3) Factors to be considered in the development of the base 
support funding formula shall include, but are not limited to--
          (A) projected service population of the program;
          (B) projected service area of the program;
          (C) projected number of cases per month; and
          (D) special circumstances warranting additional 
        program resources, such as high incidence of child 
        [sexual abuse] abuse and neglect, high incidence of 
        family violence, high incidence of violent crimes 
        against women, or the existence of a significant victim 
        population within the community.
  [(4) The formula established pursuant to this subsection 
shall provide funding necessary to support--
          [(A) one child protective services or family violence 
        caseworker, including fringe benefits and support 
        costs, for each tribe; and
          [(B) an additional child protective services and 
        family violence caseworker, including fringe benefits 
        and support costs, for each level of assistance for 
        which an Indian tribe qualifies.]
          (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.
  (5) In any fiscal year that appropriations are not sufficient 
to fully fund Indian Child Protection and Family Violence 
Prevention programs at each level of assistance under the 
formula required to be established in this subsection, 
available funds for each level of assistance shall be evenly 
divided among the [tribes] Indian Tribes qualifying for that 
level of assistance.
  [(g) Maintenance of Effort.--Services provided under 
contracts made under this section shall supplement, not 
supplant, services from any other funds available for the same 
general purposes, including, but not limited to--
          [(1) treatment, including, but not limited to--
                  [(A) individual counseling,
                  [(B) group counseling, and
                  [(C) family counseling;
          [(2) social services and case management;
          [(3) training available to Indian tribes, tribal 
        agencies, and Indian organizations regarding the 
        identification, investigation, prevention, and 
        treatment of family violence, child abuse, and child 
        neglect; and
          [(4) law enforcement services, including 
        investigations and prosecutions.]
  (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.
  (h) Contract Evaluation and Annual Report.--Each recipient of 
funds awarded pursuant to subsection (a) shall--
          (1) furnish the Secretary with such information as 
        the Secretary may require to--
                  (A) evaluate the program for which the award 
                is made, and
                  (B) ensure that funds are expended for the 
                purposes for which the award was made; and
          (2) submit to the Secretary at the end of each fiscal 
        year an annual report which shall include such 
        information as the Secretary may require.
  [(i) Appropriations.--There are authorized to be appropriated 
to carry out the provisions of this section $30,000,000 for 
each of the fiscal years 1992, 1993, 1994, 1995, 1996, and 
1997.]
  (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.

        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]