[Senate Report 118-106]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 227
118th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      118-106

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



 
                  NATIVE AMERICAN CHILD PROTECTION ACT

                                _______
                                

              October 16, 2023.--and ordered to be printed

                                _______
                                

           Mr. Schatz, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2273]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2273), to amend the Indian Child Protection and Family 
Violence Prevention Act, having considered the same, reports 
favorably thereon without amendment and recommends the bill do 
pass.

                                PURPOSE

    S. 2273 would modernize and reauthorize two programs 
established by the Indian Child Protection and Family Violence 
Prevention Act,\1\ the Child Abuse Treatment Grant Program and 
the Indian Child Protection and Family Violence Prevention 
Program, and authorize consolidation of the Regional Indian 
Child Resource Centers into one National Indian Child Resource 
and Family Services Center.\2\
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    \1\25 U.S.C. Sec. 3201 (1990).
    \2\See S. Rep. No. 101-203 (1989), 101-403 (1990), & 108-228 
(2004).
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                               BACKGROUND

    Congress enacted the Indian Child Protection and Family 
Violence Prevention Act (Act) in 1990 following investigations 
by the Committee on Indian Affairs and the Special Committee on 
Investigations.
    At the time, the Committees found--
           Incidents of abuse of children on Indian 
        reservations were grossly underreported;
           Increased incidents of federal prosecution 
        of federal, state, and Tribal employees for crimes of 
        child abuse on Indian reservations;
           Background investigations of federal 
        employees who care for, or teach, Indian children to be 
        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 Act, which Congress last reauthorized in 1995,\3\ 
sought to identify the scope of child and family violence in 
Indian Country, fill gaps in Tribal child welfare services to 
ensure better coordination between child welfare and domestic 
violence programs, and provide funds for mental health 
treatment. The Act 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 Bureau of Indian Affairs (BIA), 
Indian Health Service (IHS), and Tribal employees with contact 
or control over Native children.
---------------------------------------------------------------------------
    \3\Pub. L. No. 104-16 (1995) (reauthorizing the Indian Child 
Protection and Family Violence Prevention Act for two years, expiring 
in 1997).
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                          NEED FOR LEGISLATION

    The Act authorized funding to create Indian Child Resource 
and Family Services 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. Congress set the total 
authorization for the centers and both programs at $43 million 
per year; however, since enactment in 1990 only $5 million has 
been appropriated for these authorizations. There continues to 
be a critical need for violence prevention and treatment 
services for Native children and families in Tribal 
communities.\4\
---------------------------------------------------------------------------
    \4\Legislative Hearing to receive testimony on H.R. 1688, Native 
American Child Protection Act: Hearing before the S. Comm. on Indian 
Affairs, 117th Cong. (2021) (Statement of Heidi Todacheene, Senior 
Advisor--Office of the Assistant Secretary-Indian Affairs, U.S. 
Department of the Interior).
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                          SUMMARY OF THE BILL

    S. 2273 would modernize and reauthorize federal programs 
established under the Act by updating 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. The bill also converts the 
authorization for Regional Indian Child Resource and Family 
Services Centers in each BIA region into an authorization for 
one National Indian Child Resource and Family Services Center 
in order 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.

       SECTION-BY-SECTION ANALYSIS OF S. 2273 AS ORDERED REPORTED

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 Act to make 
technical corrections to the definition of child abuse.
    Section 2(2) amends section 409 of the Act to--
           Clarify the cooperative relationship between 
        the U.S. Department of Health and Human Services (HHS) 
        and BIA 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; and
           Require, within two years of enactment of S. 
        2273, a report by HHS describing treatment services 
        used by grant recipients and other information required 
        by the Department.
    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 U.S. Department 
        of the Interior (DOI) to submit a report, not later 
        than two years after enactment of S. 2273, on the 
        status of the National Indian Child Resource and Family 
        Services 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 DOI to establish an 
        advisory board to assist the Center in carrying out its 
        activities; and
           Apply provisions of the Indian Self-
        Determination and Education Assistance Act to the 
        Center.
    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 one-year deadline to develop, in 
        consultation with Indian Tribes, appropriate caseload 
        standards and staffing requirements;
           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; and
           Direct the Secretary of DOI to submit a 
        report to Congress, within two years of enactment of 
        the S. 2273, on the award of grants under this section, 
        including a description of treatment and services used, 
        and other information required by the Secretary.

                          LEGISLATIVE HISTORY

    On July 12, 2023, Senators Lujan (D-NM) and Collins (R-ME) 
introduced S. 2273. On the same day, the Senate referred the 
bill to the Committee on Indian Affairs. On July 19, 2023, the 
Committee met at a duly convened business meeting to consider 
S. 2273 and ordered the bill reported without amendment 
favorably by voice vote.
    On January 31, 2023, Representative Gallego (D-AZ) 
introduced H.R. 663, a companion bill to S. 2273. On the same 
day, the House of Representatives referred the bill to the 
Committee on Natural Resources. Representatives Newhouse (R-
WA), Stansbury (D-NM), Porter (D-CA), Peltola (D-AK), Mullin 
(D-CA), Pettersen (D-CA), Salinas (D-OR), and Kamlager-Dove (D-
CA) later joined as co-sponsors. On February 21, 2023, the 
Committee on Natural Resources referred the bill to the 
Subcommittee on Indian and Insular Affairs. On May 17, 2023, 
the Subcommittee discharged the bill and the full Committee on 
Natural Resources held a mark-up to consider H.R. 663. The 
Committee on Natural Resources ordered the bill to be reported 
by unanimous consent, with an amendment in the nature of a 
substitute, which was offered by Representative Gallego. On 
September 14, 2023, the Committee on Natural Resources reported 
the bill, as amended, and it was placed on the Union Calendar. 
On September 18, 2023, Representative Collins (R-GA) 
successfully moved to suspend the rules and pass the bill, as 
amended, by a vote of 378 to 32.
    117th Congress. On March 9, 2021, Representatives Gallego 
(D-AZ) and Young (R-AK) introduced H.R. 1688, a predecessor 
bill to S. 2273. On the same day, the House of Representatives 
referred the bill to the Committee on Natural Resources. The 
Committee on Natural Resources referred the bill to the 
Subcommittee for Indigenous Peoples of the United States on May 
6, 2021. On May 12, 2021, Representative Soto 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. On May 13, 2021, the Senate received H.R. 1688 
and referred it to the Committee on Indian Affairs. DOI and IHS 
testified in support of the bill in a Committee legislative 
hearing held on July 21, 2021.\5\ On October 27, 2021, the 
Committee met at a duly convened business meeting to consider 
H.R. 1688 and ordered the bill to be reported without amendment 
favorably by voice vote. On February 2, 2022, the Committee 
reported the bill, and it was placed on the Senate Legislative 
Calendar. The Senate took no further action on the bill in the 
117th Congress.
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    \5\Legislative Hearing to receive testimony on S. 1797, S. 1895 & 
H.R. 1688: Hearing Before the S. Comm. On Indian Affairs, 117th Cong. 
(2021).
---------------------------------------------------------------------------
    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 the bill to the Committee on Natural Resources that 
same day, and, on November 6, 2020, the Committee on Natural 
Resources referred the bill to the Subcommittee for Indigenous 
Peoples of the United States. DOI and HHS testified in support 
of the bill in a Subcommittee legislative hearing held on 
November 13, 2019.\6\ On December 5, 2019, the Subcommittee for 
Indigenous Peoples of the United States discharged the bill, 
and the Committee on Natural Resources ordered it reported, 
with amendment, by unanimous consent. The Committee on Natural 
Resources reported the bill on September 8, 2020, and it was 
placed on the Union Calendar. On September 21, 2020, 
Representative Haaland (D-NM) successfully moved to suspend the 
rules and pass the bill, as amended. The House of 
Representatives considered the bill and agreed to its passage, 
as amended, by voice vote. The Senate received H.R. 4957 on 
September 22, 2020 and referred it to the Committee on Indian 
Affairs but took no further action on the bill in the 116th 
Congress.
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    \6\Legislative Hearing to receive testimony on 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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    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 Indian Affairs on the same day but 
took no further action on the bill in the 116th Congress.

                   COST AND BUDGETARY CONSIDERATIONS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The bill would:
           Direct the Bureau of Indian Affairs and the 
        Indian Health Service to carry out programs 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
    Bill summary: S. 2273 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 
S. 2273 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 S. 2273
----------------------------------------------------------------------------------------------------------------
                                                                 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 S. 2273 would increase direct spending by an insignificant amount over the 2023-2033
  period.

    Basis of estimate: For this estimate, CBO assumes that S. 
2273 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 S. 2273 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: S. 2273 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 S. 2273 would cost $17 million over 
the 2023-2028 period.
    National Indian Child Resources and Family Services Center: 
S. 2273 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 S. 2273 would cost $16 million over 
the 2023-2028 period.
    Direct spending: S. 2273 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 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 S. 2273 
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 August 9, 2023, CBO transmitted a 
cost estimate for H.R. 663, the Native American Child 
Protection Act, as ordered reported by the House of 
Representatives on May 17, 2023. The two bills are similar, and 
CBO's estimates of their budgetary effects are the same.
    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; Emily Stern, Senior Adviser for Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

               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 S. 2273 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 2273.

                        CHANGES IN EXISTING LAW

    On February 9, 2023, 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.

                                  [all]