IB 

Union Calendar No. 395 

116TH CONGRESS 

2D SESSION H. R. 4957 

[Report No. 116–493] 

To amend the Indian Child Protection and Family Violence Prevention Act. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 31, 2019 

Mr. GALLEGO (for himself and Mr. COOK) introduced the following bill; which 

was referred to the Committee on Natural Resources 

SEPTEMBER 8, 2020 

Additional sponsors: Ms. BASS, Mr. YOUNG, Mr. SOTO, Mrs. RADEWAGEN, 

Mr. O’HALLERAN, Mr. CASE, Mr. COLE, Mr. CARTWRIGHT, Miss 

GONZA ́LEZ-COLO ́N of Puerto Rico, and Ms. HAALAND

SEPTEMBER 8, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 31, 2019] 


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A BILL 

To amend the Indian Child Protection and Family Violence 

Prevention Act. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American Child 

5 Protection Act’’. 

6 SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 

7 PREVENTION ACT AMENDMENTS. 

8 The Indian Child Protection and Family Violence Pre9 vention Act (25 U.S.C. 3202 et seq.) is amended as follows: 

10 (1) By amending section 403(3)(A) (25 U.S.C. 

11 3202(3)(A)) to read as follows: 

12 ‘‘(A) in any case in which— 

13 ‘‘(i)(I) a child is dead or exhibits evi14 dence of skin bruising, bleeding, malnutri15 tion, failure to thrive, burns, fracture of any 

16 bone, subdural hematoma, soft tissue swell17 ing; and 

18 ‘‘(II) such condition is not justifiably 

19 explained or may not be the product of an 

20 accidental occurrence; 

21 ‘‘(ii) psychological or verbal abuse that 

22 causes serious emotional or mental injury to 

23 a child; or 


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1 ‘‘(iii) a child is subjected to sexual as2 sault, sexual molestation, sexual exploi3 tation, sexual contact, or prostitution;’’. 

4 (2) In section 409 (25 U.S.C. 3208)— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘The Secretary of 

7 Health and Human Services, acting 

8 through the Service and in cooperation with 

9 the Bureau’’ and inserting ‘‘The Service, in 

10 cooperation with the Bureau’’; and 

11 (ii) by striking ‘‘sexual abuse’’ and in12 serting ‘‘abuse or neglect’’; 

13 (B) in subsection (b) through the end of the 

14 section, by striking ‘‘Secretary of Health and 

15 Human Services’’ each place it appears and in16 serting ‘‘Service’’; 

17 (C) in subsection (b)(1), by inserting after 

18 ‘‘Any Indian tribe or intertribal consortium’’ the 

19 following: ‘‘, on its own or in partnership with 

20 an urban Indian organization,’’; 

21 (D) in subsections (b)(2)(B) and (d), by 

22 striking ‘‘such Secretary’’ each place it appears 

23 and inserting ‘‘the Service’’; 

24 (E) by amending subsection (c) to read as 

25 follows: 


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1 ‘‘(c) CULTURALLY APPROPRIATE TREATMENT.—In 

2 awarding grants under this section, the Service shall en3 courage the use of culturally appropriate treatment services 

4 and programs that respond to the unique cultural values, 

5 customs, and traditions of applicant Indian Tribes.’’; 

6 (F) in subsection (d)(2), by striking ‘‘the 

7 Secretary’’ and inserting ‘‘the Service’’; 

8 (G) by redesignating subsection (e) as sub9 section (f); 

10 (H) by inserting after subsection (d) the fol11 lowing: 

12 ‘‘(e) REPORT.—Not later than 2 years after the date 

13 of the enactment of the Native American Child Protection 

14 Act, the Service shall submit a report to Congress on the 

15 award of grants under this section. The report shall con16 tain— 

17 ‘‘(1) a description of treatment and services for 

18 which grantees have used funds awarded under this 

19 section; and 

20 ‘‘(2) any other information that the Service re21 quires.’’; and 

22 (I) by amending subsection (f) (as so redes23 ignated by subparagraph (G) of this paragraph), 

24 to read as follows: 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section 

3 $30,000,000 for each of fiscal years 2021 through 2026.’’. 

4 (3) In section 410 (25 U.S.C. 3209)— 

5 (A) in the heading— 

6 (i) by inserting ‘‘NATIONAL’’ before 

7 ‘‘INDIAN’’; and 

8 (ii) by striking ‘‘CENTERS’’ and in9 serting ‘‘CENTER’’; 

10 (B) by amending subsections (a) and (b) to 

11 read as follows: 

12 ‘‘(a) ESTABLISHMENT.—Not later than one year after 

13 the date of the enactment of the Native American Child Pro14 tection Act, the Secretary shall establish a National Indian 

15 Child Resource and Family Services Center. 

16 ‘‘(b) REPORT.—Not later than 2 years after the date 

17 of the enactment of the Native American Child Protection 

18 Act, the Secretary of the Interior, acting through the Bureau 

19 of Indian Affairs, shall submit a report to Congress on the 

20 status of the National Indian Child Resource and Family 

21 Services Center.’’; 

22 (C) in subsection (c)— 

23 (i) by striking ‘‘Each’’ and inserting 

24 ‘‘The’’; and 

25 (ii) by striking ‘‘multidisciplinary’’; 


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1 (D) in subsection (d)— 

2 (i) in the text before paragraph (1), by 

3 striking ‘‘Each’’ and inserting ‘‘The’’; 

4 (ii) in paragraph (1), by striking ‘‘and 

5 inter-tribal consortia’’ and inserting ‘‘inter6 tribal consortia, and urban Indian organi7 zations’’; 

8 (iii) in paragraph (2), by inserting 

9 ‘‘urban Indian organizations,’’ after ‘‘tribal 

10 organizations,’’; 

11 (iv) in paragraph (3)— 

12 (I) by inserting ‘‘and technical as13 sistance’’ after training; and 

14 (II) by striking ‘‘and to tribal or15 ganizations’’ and inserting ‘‘, Tribal 

16 organizations, and urban Indian orga17 nizations’’; 

18 (v) in paragraph (4)— 

19 (I) by inserting ‘‘, State,’’ after 

20 ‘‘Federal’’; and 

21 (II) by striking ‘‘and tribal’’ and 

22 inserting ‘‘Tribal, and urban Indian’’; 

23 and 

24 (vi) by amending paragraph (5) to 

25 read as follows: 


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1 ‘‘(5) develop model intergovernmental agreements 

2 between Tribes and States, and other materials that 

3 provide examples of how Federal, State, and Tribal 

4 governments can develop effective relationships and 

5 provide for maximum cooperation in the furtherance 

6 of prevention, investigation, treatment, and prosecu7 tion of incidents of family violence and child abuse 

8 and child neglect involving Indian children and fami9 lies.’’; and 

10 (E) in subsection (e)— 

11 (i) in the heading, by striking ‘‘MULTI12 DISCIPLINARY TEAM’’ and inserting 

13 ‘‘TEAM’’; 

14 (ii) in the text before paragraph (1), 

15 by striking ‘‘Each multidisciplinary’’ and 

16 inserting ‘‘The’’; and 

17 (F) by amending subsections (f), (g), and 

18 (h) to read as follows: 

19 ‘‘(f) CENTER ADVISORY BOARD.—The Secretary shall 

20 establish an advisory board to advise and assist the Na21 tional Indian Child Resource and Family Services Center 

22 in carrying out its activities under this section. The advi23 sory board shall consist of 12 members appointed by the 

24 Secretary from Indian Tribes, Tribal organizations, and 

25 urban Indian organizations with expertise in child abuse 


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1 and child neglect. Members shall serve without compensa2 tion, but may be reimbursed for travel and other expenses 

3 while carrying out the duties of the board. The advisory 

4 board shall assist the Center in coordinating programs, 

5 identifying training and technical assistance materials, 

6 and developing intergovernmental agreements relating to 

7 family violence, child abuse, and child neglect. 

8 ‘‘(g) APPLICATION OF INDIAN SELF-DETERMINATION

9 ACT TO THE CENTER.—The National Indian Child Re10 source and Family Services Center shall be subject to the 

11 provisions of the Indian Self-Determination Act. The Sec12 retary may also contract for the operation of the Center 

13 with a nonprofit Indian organization governed by an In14 dian-controlled board of directors that have substantial ex15 perience in child abuse, child neglect, and family violence 

16 involving Indian children and families. 

17 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $3,000,000 for each of fiscal years 2021 through 2026.’’. 

20 (4) In section 411 (25 U.S.C. 3210)— 

21 (A) in subsection (d)— 

22 (i) in paragraph (1)— 

23 (I) in subparagraph (A), by strik24 ing ‘‘abuse and child neglect’’ and in25 serting ‘‘abuse, neglect, or both’’; 


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1 (II) in subparagraph (B), by 

2 striking ‘‘and’’ at the end; and 

3 (III) by inserting after subpara4 graph (C), the following: 

5 ‘‘(D) development of agreements between 

6 Tribes, States, or private agencies on the coordi7 nation of child abuse and neglect prevention, in8 vestigation, and treatment services; 

9 ‘‘(E) child protective services operational 

10 costs including transportation, risk and protec11 tive factors assessments, family engagement and 

12 kinship navigator services, and relative searches, 

13 criminal background checks for prospective 

14 placements, and home studies; and 

15 ‘‘(F) development of a Tribal child protec16 tion or multidisciplinary team to assist in the 

17 prevention and investigation of child abuse and 

18 neglect;’’; 

19 (ii) in paragraph (2)— 

20 (I) in subparagraph (A), by in21 serting ‘‘in culturally appropriate 

22 ways’’ after ‘‘incidents of family vio23 lence’’; and 

24 (II) in subparagraph (C), by in25 serting ‘‘that may include culturally 


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1 appropriate programs’’ after ‘‘training 

2 programs’’; and 

3 (iii) in paragraph (3)— 

4 (I) in subparagraph (A), by in5 serting ‘‘and neglect’’ after ‘‘abuse’’; 

6 and 

7 (II) in subparagraph (B), by 

8 striking ‘‘cases, to the extent prac9 ticable,’’ and inserting ‘‘and neglect 

10 cases’’; 

11 (B) in subsection (f)— 

12 (i) in paragraph (2), by striking ‘‘de13 velop, in consultation with Indian tribes, 

14 appropriate caseload standards and staffing 

15 requirements which are comparable to 

16 standards developed by the National Asso17 ciation of Social Work, the Child Welfare 

18 League of America and other professional 

19 associations in the field of social work and 

20 child welfare’’ and inserting ‘‘develop, not 

21 later than one year after the date of the en22 actment of the Native American Child Pro23 tection Act, in consultation with Indian 

24 Tribes, appropriate caseload standards and 

25 staffing requirements’’; 


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1 (ii) in paragraph (3)(D), by striking 

2 ‘‘sexual abuse’’ and inserting ‘‘abuse and 

3 neglect, high incidence of family violence’’; 

4 (iii) by amending paragraph (4) to 

5 read as follows: 

6 ‘‘(4) The formula established pursuant to this 

7 subsection shall provide funding necessary to support 

8 not less than one child protective services or family 

9 violence caseworker, including fringe benefits and 

10 support costs, for each Indian Tribe.’’; and 

11 (iv) in paragraph (5), by striking 

12 ‘‘tribes’’ and inserting ‘‘Indian Tribes’’; 

13 (C) by amending subsection (g) to read as 

14 follows: 

15 ‘‘(g) REPORT.—Not later than 2 years after the date 

16 of the enactment of the Native American Child Protection 

17 Act, the Secretary of the Interior, acting through the Bureau 

18 of Indian Affairs, shall submit a report to Congress on the 

19 award of grants under this section. The report shall con20 tain— 

21 ‘‘(1) a description of treatment and services for 

22 which grantees have used funds awarded under this 

23 section; and 

24 ‘‘(2) any other information that the Secretary of 

25 the Interior requires.’’; and 


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1 (D) by amending subsection (i) to read as 

2 follows: 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to carry out this section 

5 $60,000,000 for each of fiscal years 2021 through 2026.’’. 


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Union Calendar No. 395 

116TH CONGRESS 

2D SESSION H. R. 4957 

[Report No. 116–493] 

A BILL 

To amend the Indian Child Protection and Family 

Violence Prevention Act. 

SEPTEMBER 8, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS