[118th Congress Public Law 160]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 2567]]
Public Law 118-160
118th Congress
An Act
To amend the Indian Child Protection and Family Violence Prevention
Act. <<NOTE: Dec. 23, 2024 - [H.R. 663]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Native American
Child Protection Act. 25 USC 3201 note.>>
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
[[Page 138 STAT. 2568]]
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) <<NOTE: Deadline.>> 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
[[Page 138 STAT. 2569]]
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) <<NOTE: Establishment.>> 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. <<NOTE: Contracts.>> 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
[[Page 138 STAT. 2570]]
(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) <<NOTE: Deadline.>> 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.''.
SEC. 3. LIMITATION ON APPROPRIATIONS.
No additional amounts are authorized to carry out this Act or any of
the amendments made by this Act. Each program, project, and activity
authorized by this Act or the amendments made by
[[Page 138 STAT. 2571]]
this Act shall be subject to the availability of appropriations made in
advance for such purposes.
Approved December 23, 2024.
LEGISLATIVE HISTORY--H.R. 663 (S. 2273):
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HOUSE REPORTS: No. 118-196 (Comm. on Natural Resources).
SENATE REPORTS: No. 118-106 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 169 (2023):
Sept. 18, considered and passed
House.
Vol. 170 (2024):
Dec. 17, considered and passed
Senate.
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