[House Report 118-196]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      118-196

======================================================================



 
                  NATIVE AMERICAN CHILD PROTECTION ACT

                                _______
                                

 September 14, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 663]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 663) 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; 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 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.''.

                       Purpose of the Legislation

    The purpose of H.R. 663 is to amend the Indian Child 
Protection and Family Violence Prevention Act.

                  Background and Need for Legislation

    H.R. 663 would reauthorize three programs administered by 
the Department of Health and Human Services and the Department 
of the Interior, including the Indian Child Abuse Treatment 
Grant Program, the Indian Child Protection and Family Violence 
Prevention Program, and the Indian Child Resource and Family 
Service Centers. The Indian Child Resource and Family Service 
Centers are consolidated and renamed in H.R. 663 to the 
National Indian Child Resource and Family Service Center. These 
programs are intended to prevent cases within Indian 
communities where child abuse, neglect, family violence, and 
trauma may occur, and to provide treatment for victims of 
Indian child sexual abuse. The authorization of appropriations 
for the programs expired in 1997.\1\ The bill also makes 
several technical changes to the underlying statute, requiring 
agency reports on grant awards and performance.
---------------------------------------------------------------------------
    \1\At the time of this writing, the Indian Health Service testimony 
has indicated that Congress never appropriated funds for the program it 
was charged with administering, the Indian Child Abuse Treatment Grant 
Program.
---------------------------------------------------------------------------
    From 1988 to 1990, the Senate Select Committee on Indian 
Affairs, the Special Committee on Investigations, and the House 
Committee on Interior and Insular Affairs (now the Committee on 
Natural Resources) held hearings focusing on allegations of 
abuse and the protection of Indian children on the Navajo 
Nation and Hopi Reservations in Arizona, and in the Cherokee 
Nation of Oklahoma.\2\ Testimony received at these hearings 
found that incidents of child abuse on Indian reservations were 
underreported, and that agency responses to incidents of child 
abuse by Bureau of Indian Affairs employees and teachers 
furthered the traumatization of victims and their families.
---------------------------------------------------------------------------
    \2\S. Rpt. 101-403, S. 2340 (1990). At 1.
---------------------------------------------------------------------------
    In response to these hearings, in 1989 Senator John McCain 
introduced legislation intended to improve the reporting of 
cases of child abuse in Indian Country and to provide resources 
for the treatment of victims of child sexual abuse.\3\ The bill 
created two new grant programs, the Indian Child Abuse 
Treatment Grant Program and the Indian Child Protection and 
Family Violence Prevention Program. The bill further required 
the Department of Health and Human Services and the Department 
of the Interior to conduct character investigations of 
employees who are in close contact with or have control over 
Indian children.
---------------------------------------------------------------------------
    \3\See S. 1783, Indian Child Protection and Family Violence 
Prevention Act, 101st Congress.
---------------------------------------------------------------------------
    After Senate passage in November 1989, the House Committee 
on Interior and Insular Affairs subsequently held three 
hearings on physical and sexual abuse of children in Indian 
Country and on S. 1783.\4\ Senator McCain subsequently 
introduced a revised bill, which included provisions to provide 
technical assistance, training and other resources related to 
the investigation and treatment of cases of family violence, 
abuse and neglect. The bill further included the language for 
the establishment of regional child abuse resource centers 
located within each Bureau of Indian Affairs service region. 
The bill was included in a broader tribal bill and became law 
on November 28, 1990.\5\
---------------------------------------------------------------------------
    \4\H. Hrg 101-60 (1990). Oversight and S. 1783.
    \5\P.L. 101-630.
---------------------------------------------------------------------------
    Advocates cite the Indian Child Protection and Family 
Violence Prevention Act (ICPFVPA) as the only federal statute 
that would set aside funding for tribal governments dedicated 
to child abuse prevention and victim treatment. However, as of 
April 2017, Congress had only appropriated approximately $5 
million for ICPFVPA programs since 1990.\6\ The Consolidated 
Appropriations Act of 2022 and the Consolidated Appropriations 
Act of 2023 included $1 million each of fiscal years 2022 and 
2023 for implementing the ICPFVPA.\7\
---------------------------------------------------------------------------
    \6\Testimony of Natl Indian Child Welfare Assn., Natl Congress of 
American Indians, Natl. Indian Education Assn., and Natl. Indian Health 
Board, Senate Committee on Indian Affairs Oversight Field Hearing on 
``Safeguarding to the Seventh Generation: Protection and Justice for 
Indian Children and the Implementation of the Native American 
Children's Safety Act of 2016,'' Apr. 21, 2017. Available at: https://
www.nicwa.org/wp-content/uploads/2016/11/native-american-childrens-
safety-act-field-hearing-testimony-2017-proofed.pdf.
    \7\Joint Explanatory Statement--Division G, P.L. 117-103; and Joint 
Explanatory Statement, Book 2, P.L. 117-328.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 663 was introduced on January 31, 2023, by Rep. Ruben 
Gallego (D-AZ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian and Insular Affairs. On May 17, 2023, the Committee 
on Natural Resources met to consider the bill. The Subcommittee 
on Indian and Insular Affairs was discharged from further 
consideration of H.R. 663 by unanimous consent. Rep. Gallego 
(D-AZ) offered an amendment in the nature of a substitute, 
designated Gallego_042. The amendment in the nature of a 
substitute offered by Rep. Gallego was adopted by unanimous 
consent. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States (now the Subcommittee on Indian and Insular 
Affairs) on November 13, 2019.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Native American Child Protection Act.''

Section 2. Indian Child Protection and Family Violence Prevention Act 
        Amendments

    Amendments to 25 U.S.C. 3202 (ICPFVPA section 403). Expands 
the definition of child abuse to include sexual assault, sexual 
molestation, sexual exploitation, sexual contact, or 
prostitution.
    Amendments to 25 U.S.C. 3208 (ICPFVPA section 409). Moves 
the authority to establish and operate the Indian Child Abuse 
Treatment Grant Program (ICATGP) directly to the Indian Health 
Service (IHS), rather than having the Department of Health and 
Human Services operating through IHS. Expands the use of the 
ICATGP for all abuse and neglect, not only sexual abuse. 
Expands eligibility of grant awardees to include urban Indian 
organizations. Directs the Indian Health Service (IHS) to 
encourage grantees to use culturally appropriate treatment 
services. Mandates that the IHS submit a report to Congress 
after two years containing information regarding descriptions 
of treatment and services grantees have used.
    Amendments to 25 U.S.C. 3209 (ICPFVPA section 410). 
Mandates establishment of a National Indian Child Resource and 
Family Center. Requires the Bureau of Indian Affairs (BIA) to 
report to Congress within 2 years on the status of the Center. 
Expands the Center's responsibilities and functions to include 
urban Indian organizations. Also requires the Center to develop 
model agreements between tribes and States to provide examples 
of how Federal, State, and tribes can develop effective 
partnerships and have maximum cooperation between those 
entities. Expands the Center advisory board to 12 members. 
Authorizes the Bureau of Indian Affairs to contract with an 
eligible Indian organization to operate the Center, provided 
the organization is 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.
    Amendments to 25 U.S.C. 3210 (ICPFVPA section 411). Expands 
the responsibilities of the Indian Child Protection and Family 
Violence Prevention Program to include the development of 
agreements between tribes, States, or private agencies on 
preventative child abuse actions. Funds may also now be used 
for child protective services operational costs, background 
checks, transportation and home studies. Funds may now be used 
for the development of a tribal child protection team to 
prevent and investigate child abuse and neglect. Requires the 
Department of the Interior to submit a report to Congress two 
years after enactment including information on the award of 
grants for this program.

            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:




    The bill would
           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
    Estimated budgetary effects would mainly stem from
           Establishment of the National Indian Child 
        Resource and Family Services Center
           Development of a team to investigate and 
        help prevent the abuse and neglect of Tribal children
           Expansion of the current web-based platform 
        which provides training and technical assistance to 
        Tribes in the field of human services
    Bill summary: H.R. 663 would direct the Indian Health 
Service (IHS) and the Bureau of Indian Affairs (BIA) to carry 
out programs to help prevent child abuse, child neglect, and 
family violence affecting tribes.
    Estimated federal cost: The estimated budgetary effect of 
H.R. 663 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. 663
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2023     2024     2025     2026     2027     2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Indian Child Protection and Family Violence
 Protection Program
    Estimated Authorization....................        0        6        3        3        3        4        19
    Estimated Outlays..........................        0        4        3        3        3        4        17
National Indian Child Resource and Family
 Services Center
    Estimated Authorization....................        0        3        3        3        4        4        17
    Estimated Outlays..........................        0        2        3        3        4        4        16
    Total Changes
        Estimated Authorization................        0        9        6        6        7        8        36
        Estimated Outlays......................        0        6        6        6        7        8        33
----------------------------------------------------------------------------------------------------------------
CBO estimates that enacting H.R. 663 would increase direct spending by an insignificant amount over the 2023-
  2033 period.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
663 will be enacted near the end of fiscal year 2023. Estimated 
outlays are based on the historical spending patterns for 
similar programs and activities.
    Spending subject to appropriation: CBO estimates that 
implementing H.R. 663 would cost $33 million over the 2023-2028 
period. Such spending would be subject to the availability of 
appropriated funds.
    Indian Child Protection and Family Violence Protection 
Program: H.R. 663 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 either provide those services directly or to enter into 
agreements with tribal agencies to carry out services funded by 
federal grants. Using information from the agency, CBO 
estimates that implementing H.R. 663 would cost $17 million 
over the 2023-2028 period.
    National Indian Child Resources and Family Services Center: 
H.R. 663 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 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. Using information from the agency, CBO 
estimates that implementing H.R. 663 would cost $16 million 
over the 2023-2028 period.
    Direct spending: H.R. 663 would direct IHS to encourage the 
use of treatment services that are culturally appropriate for 
Indian tribes. The bill also would require IHS to report 
annually to the Congress on the treatment and services for 
which grantees have used funds awarded. The administrative 
costs for IHS are classified in the budget as direct spending; 
however, CBO estimates that the costs the agency would incur 
under H.R. 663 would not be significant.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting the bill would increase 
direct spending by less than $500,000 over the 2023-2033 
period.
    Increase in long-term net direct spending and deficits: 
None.
    Mandates: None.
    Previous CBO estimate: On June 23, 2023, CBO transmitted a 
cost estimate for H.R. 663, the Native American Child 
Protection Act, as introduced in the House of Representatives 
on January 31, 2023. The two versions of the bill are similar. 
Both versions would reauthorize and revise certain programs 
related to the prevention, investigation, treatment, and 
prosecution of family violence, child abuse, and child neglect 
involving Indian children and families. The introduced version 
of the bill would authorize the appropriation of specific 
amounts for fiscal years 2023 through 2028 for each program; 
the ordered reported version of the bill does not specify any 
authorization of appropriations.
    Estimate prepared by Federal Costs: Julia Aman (Bureau of 
Indian Affairs); Rob Stewart (Indian Health Service).
    Mandates: Rachel Austin.
    Estimate reviewed by: Sean Dunbar, 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.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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 the Congressional Budget Office, H.R. 663 
contains no unfunded mandates as defined by the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  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; or
                          (ii) a child is subjected to sexual 
                        assault, sexual molestation, sexual 
                        exploitation, sexual contact, or 
                        prostitution; and
                  (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)] (f) 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.

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 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) 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 and technical assistance 
        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.]
  (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) 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.

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.

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