[Senate Report 117-63]
[From the U.S. Government Publishing Office]
Calendar No. 259
117th Congress } { Report
SENATE
2d Session } { 117-63
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NATIVE AMERICAN CHILD PROTECTION ACT
_______
February 2, 2022.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1688]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill, (H.R. 1688), to amend the Indian Child Protection and
Family Violence Prevention Act, having considered the same,
reports favorably thereon, without amendment, and recommends
that the bill do pass.
PURPOSE
H.R. 1688 would amend the Indian Child Protection and
Family Violence Prevention Act, 25 U.S.C. 3202 et seq., by
modernizing and reauthorizing, through fiscal year 2027, three
of the Act's programs: the Indian Child Abuse Treatment Grant
Program, the Indian Child Protection and Family Violence
Prevention Program, and the National Indian Resources Services
Centers.
BACKGROUND & NEED FOR LEGISLATION
The federal government has a unique duty to Indian Tribes
to assist in the protection of the health and welfare of Native
American people and children. Congress and federal law have
long acknowledged this duty, stating: ``there is no resource
that is more vital to the continued existence and integrity of
Indian tribes than their children.''\1\
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\1\25 U.S.C. Sec. 1901(3) (1978).
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In response to reports of child abuse at Bureau of Indian
Affairs (BIA) boarding schools and following investigations by
the Committee and the Special Committee on
Investigations,\2\\3\ Congress enacted the Indian Child
Protection and Family Violence Prevention Act (ICPFVPA) in
1990. The Committees found--
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\2\25 U.S.C. Sec. 34 (1990).
\3\See, S. Rep. No. 101-203 (1989), S. Rep. No. 101-403 (1990), &
S. Rep. No. 108-228 (2004).
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incidents of child abuse on Indian
reservations were grossly underreported;
increased incidents of federal prosecution
of federal, state, and Tribal employees for crimes of
child abuse committed on Indian reservations;
background investigations of federal
employees who care for, or teach, Indian children were
deficient; and
current programs and funding were inadequate
to meet the growing needs for mental health treatment
and counseling for victims of child abuse and family
violence in Indian Country.
The ICPFVPA, which Congress last reauthorized in 1995,\4\
sought to identify the scope of child and family violence in
Indian Country, fill any gaps in Tribal child welfare services
to ensure better coordination between child welfare and
domestic violence programs, and reduce such 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
the BIA, the Indian Health Service, and Tribal employees with
contact or control over Native children.
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\4\Pub. L. No. 104-16 (1995) (reauthorizing the Indian Child
Protection and Family Violence Prevention Act).
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The ICFVPA also authorized funding to create Indian Child
Resource and Family Service Centers (ICRFS Centers) in each of
the BIA regional areas and authorized funding for the only
Tribal-specific prevention and treatment programs for Native
children who are at risk of being abused or have been
abused.\5\ However, the Centers were not established and the
grant programs are the only programs available to at-risk
Native youth. Congress set the total authorization for the
Centers and both programs at $43 million per year. Yet Congress
has only appropriated $5 million for these authorizations since
enactment in 1990.
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\5\The Indian Child Protection and Family Violence Prevention
Program funds prevention programming as well as investigation and
emergency shelter services for victims of family violence, and the
Treatment of Victims of Child Abuse and Neglect program funds treatment
programs for victims of child abuse.
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SUMMARY OF H.R. 1688
H.R. 1688 would modernize and reauthorize, through Fiscal
Year 2027, three programs established by the ICPFVPA: the
Indian Child Abuse Treatment Grant Program, the Indian Child
Protection and Family Violence Prevention Program, and the
ICRFS Centers.
Specifically, H.R. 1688--
revises the Indian Child Abuse Treatment
Grant Program and the Indian Child Protection and
Family Violence Prevention Program to authorize Tribes,
intertribal consortia, and partnerships with urban
Indian organizations to use grants for culturally
appropriate treatment services and programs;
converts the unfunded authorization for
regional Indian Child Resource and Family Services
Centers into an authorization for one National Indian
Child Resource and Family Services Center; and
requires the Center to--
provide advice, technical
assistance, and training to urban Indian
organizations;
develop certain technical
assistance materials for Tribes, Tribal
organizations, and urban Indian organizations;
and
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 would authorize $30 million, $60
million, and $3 million per fiscal year through Fiscal Year
2027 for the Indian Child Abuse Treatment Grant Program, the
Indian Child Protection and Family Violence Prevention Program,
and the National Indian Resources Services Center,
respectively.
SECTION-BY-SECTION ANALYSIS OF H.R. 1688
Section 1.--Short title
This section sets forth the short title as the ``Native
American Child Protection Act.''
Section 2.--Indian Child Protection and Family Violence Protection Act
amendments
Section 2(1) amends section 403(3)(A) of the Indian Child
Protection and Family Violence Protection Act to make technical
corrections to the definition of child abuse.
Section 2(2) amends section 409 of the ICPFVPA to:
clarify the cooperative relationship between
the Department of Health and Human Services and the
Bureau of Indian Affairs in carrying out the Indian
Child Abuse Treatment Grant Program;
expand the types of victims that may be
served by the program from victims of child sexual
abuse to those suffering from abuse or neglect;
allow for partnerships with urban Indian
organizations;
encourage the use of culturally appropriate
treatment services;
require, within two years of enactment of
the Act, a report by the Department of Health and Human
Services (HHS) describing treatment services used by
grant recipients and other information required by the
HHS; and
authorize appropriations in the amount of
$30,000,000 for each of Fiscal Years 2022 2027.
Section 2(3) amends section 410 of the Act to:
rename the Indian Child Resource and Family
Services Centers as the National Indian Child Resource
and Family Services Center;
direct the Secretary of the Department of
the Interior to submit a report on the status of the
National Indian Child Resource and Family Service
Center;
expand recipients of technical assistance
and training to include urban Indian organizations;
develop certain technical assistance
materials for Indian Tribes, Tribal organizations, and
urban Indian organizations;
develop model intergovernmental agreements
between Indian Tribes and states to prevent,
investigate, treat, and prosecute incidents of family
violence, child abuse, and child neglect involving
Indian children and families;
direct the Secretary of the Interior to
establish an advisory board to assist the Center in
carrying out its activities;
apply provisions of the Indian Self-
Determination and Education Assistance Act to the
Center; and
authorize appropriations in the amount of
$3,000,000 for each of Fiscal Years 2022-2027.
Section 2(4) amends section 411 of the Act to:
clarify that funds provided to the Indian
Child Protection and Family Violence Prevention Program
may be used to employ child protective services staff
to investigate child abuse, neglect, or both;
expand the use of program funds to include
the development of agreements between Tribes, states,
or private agencies on the coordination of child abuse
and neglect prevention, investigation, and treatment
services, other operational costs, and development of a
multidisciplinary team to assist in carrying out
program activities;
set a 1-year deadline to develop appropriate
case-load standards;
expand the special circumstances warranting
additional program funding to include abuse, neglect,
and high incidents of family violence;
expand the number of child protective
services or family violence case workers funded by the
Program to not less than one;
direct the Secretary of the Interior to
submit a report to Congress, within two years of
passage of the Act, on the award of grants under the
Program, including a description of treatment services
used, and other information; and
authorize appropriations in the amount of
$60,000,000 for each of Fiscal Years 2022-2027.
LEGISLATIVE HISTORY
On March 9, 2021, Representatives Gallego (D-AZ) and Young
(R-AK) introduced H.R. 1688, the Native American Child
Protection Act. The House of Representatives referred the bill
to the Committee on Natural Resources on the same day. On May,
6, 2021, the Committee on Natural Resources further referred
the bill to the Subcommittee for Indigenous Peoples of the
United States. Following these referrals, Representatives Axne
(D-IA), Bass (D-CA), Cartwright (D-PA), Cole (R-OK), Davids (D-
KS), Fitzpatrick (R-PA), Johnson (R-SD), Kilmer (D-WA), Leger
Fernandez (D-NM), Moore (D-WI), and O'Halleran (D-AZ), along
with Resident Commissioner Gonzalez-Colon (R-PR-At Large) and
Delegate Radewagen (R-AS-At Large) joined the bill as
cosponsors.
On May 12, 2021, Representative Soto (D-FL) successfully
moved to suspend the rules and pass the bill. The House of
Representatives considered the bill and agreed to its passage
by voice vote the same day.
On May 13, 2021, the Senate received H.R. 1688 and referred
it to the Committee. The Committee held a legislative hearing
on July 12, 2021, at which the Department of the Interior
testified in support of the bill.\6\ On October 27, 2021, at a
duly convened business meeting, the Committee ordered H.R. 1688
reported favorably, without amendment, by voice vote.
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\6\Legislative Hearing: To Receive Testimony on S. 1797, S. 1895
and H.R. 1688: Hearing Before the S. Comm. On Indian Affairs, 117th
Cong. (2021).
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On July 13, 2021, Senators Lujan (D-NM) and Rounds (R-SD)
introduced S. 2326, a companion bill to H.R. 1688. The Senate
referred the bill to the Committee the same day. The Committee
has taken no further action on S. 2326 to date.
116th Congress. On October 31, 2019, Representatives
Gallego (D-AZ) and Cook (R-CA) introduced H.R. 4957, a
predecessor bill to H.R. 1688. The House of Representatives
referred H.R. 4957 to the Committee on Natural Resources the
same day. On November 6, 2020, the Committee on Natural
Resources further referred the bill to the Subcommittee for
Indigenous Peoples of the United States. Following these
referrals, Representatives Bass (D-CA), Case (D-HI), Cartwright
(D-PA), Cole (R-OK), Haaland (D-NM), O'Halleran (D-AZ), Soto
(D-FL), and Young (R-AK), along with Resident Commissioner
Gonzalez-Colon (R-PR-At Large) and Delegate Radewagen (R-AS-At
Large) joined the bill as cosponsors.
On November 13, 2019, the Subcommittee held a legislative
hearing on the bill. The Departments of the Interior and Health
and Human Services testified in support of the bill at the
hearing.\7\ On December 5, 2019, the Subcommittee discharged
the bill and the Committee on Natural Resources held a markup.
Representative Gallego offered an amendment that made minor
technical corrections to the bill and clarified that the
funding formula for the Indian Child Protection and Family
Violence Prevention Program would include funding to support
not less than one child protective services or family violence
caseworker, including fringe benefits and support costs for
each Tribe; the amendment was agreed to by unanimous consent.
No other amendments to the bill were offered. The Committee on
Natural Resources ordered the bill reported, with amendment, by
unanimous consent.
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\7\Legislative Hearing: H.R. 4957 To amend the Indian Child
Protection and Family Violence Prevention Act: Hearing Before the H.
Subcomm. for Indigenous Peoples of the U.S., 116th Cong. (2019).
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The Committee on Natural Resources reported the bill on
September 8, 2020, and the House of Representatives placed it
on the Union Calendar. On September 21, 2020, Representative
Haaland (D-NM) successfully moved to suspend the rules and
passthe bill as reported. Following debate on the same day, the
House of Representatives passed H.R. 4957 by voice vote.
The Senate received the bill on September 22, 2020, and
referred it to the Committee the same day. No further action on
H.R. 4957 took place prior to adjournment of the 116th
Congress.
On October 10, 2020, Senator McSally (R-AZ) introduced S.
4787, a companion bill to H.R. 4957. The Senate referred the
bill to the Committee on the same day but took no further
action on the bill prior to adjournment of the 116th Congress.
Prior Congresses. Prior to the 116th Congress, the Senate
and Committee considered various Indian Child Protection and
Family Violence Prevention Act reauthorization and amendment
proposals.\8\ The Senate passed several of these bills by
unanimous consent, but the House of Representatives took no
other action on those bills aside from referral to relevant
Committees for consideration.
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\8\See, Indian Child Protection and Family Violence Prevention
Reauthorization Act of 2004, S. 1601, 108th Cong. (2004); the
Comprehensive Entitlement Reform Commission Act of 2005, S. 1899, 109th
Cong. (2005); and the Indian Child Protection and Family Violence
Prevention Act Amendments of 2007, S. 398, 110th Cong. (2007).
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COST AND BUDGETARY CONSIDERATIONS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The act 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 mainly stem from:
Spending of amounts authorized to be
appropriated in the act for services and grants
provided by the Bureau of Indian Affairs and the Indian
Health Service
Act Summary: H.R. 1688 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 act 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 through 2027 for those programs.
Estimated Federal Cost: The estimated budgetary effect of
H.R. 1688 is shown in Table 1. The costs of the legislation
fall within budget functions 450 (community and regional
development) and 550 (health).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1688
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By fiscal year, millions of dollars--
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2022 2023 2024 2025 2026 2022-2026
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Indian Child Protection and Family Violence Prevention
Program:
Authorization......................................... 60 60 60 60 60 300
Estimated Outlays..................................... 26 62 62 61 60 271
National Indian Child Resource and Family Services
Center:
Authorization......................................... 3 3 3 3 3 15
Estimated Outlays..................................... 2 4 3 3 3 15
Indian Health Service:
Authorization......................................... 30 30 30 30 30 150
Estimated Outlays..................................... 15 33 31 29 29 137
Total Changes:
Authorization....................................... 93 93 93 93 93 465
Estimated Outlays................................... 43 99 96 93 92 423
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Basis of Estimate: For this estimate, CBO assumes that H.R.
1688 will be enacted in fiscal year 2022 and that the
authorized amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar programs and activities. CBO estimates that
implementing H.R. 1688 would cost $423 million over the 2022
2026 period and $131 million after 2026.
Indian Child Protection and Family Violence Protection Program
H.R. 1688 would direct BIA to establish a program to
investigate, treat, and prevent child abuse, child neglect, and
family violence affecting tribes. The act 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. 1688 would authorize the appropriation of $60
million annually from 2022 through 2027 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
The act also 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 act
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 act would authorize the
appropriation of $3 million annually from 2022 through 2027 for
the operation of the center.
Indian Health Service
H.R. 1688 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
act 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 act would
authorize the appropriation of $30 million annually from 2022
through 2027 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. 1688 would expand the
definition of child abuse in Indian country to include verbal
and psychological abuse.
The act 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 ($85
million in 2021, adjusted annually for inflation).
H.R. 1688 contains no private-sector mandates as defined in
UMRA.
Estimate prepared by: Federal Costs: Jon Sperl (Bureau of
Indian Affairs); Rob Stewart (Indian Health Service). Mandates:
Rachel Austin.
Estimate reviewed by: Chad Chirico, Chief, Low-Income
Health Programs and Prescription Drugs Cost Estimates Unit;
Justin Humphrey, Chief, Finance, Housing, and Education Cost
Estimates Unit; Kathleen FitzGerald, Chief, Public and Private
Mandates Unit; H. Samuel Papenfuss, Deputy Director of Budget
Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that H.R. 1688
will have minimal impact on regulatory or paperwork
requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding H.R. 1688.
CHANGES IN EXISTING LAW
On February 11, 2021, the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.
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