II 

117TH CONGRESS 

1ST SESSION S. 2326 

To amend the Indian Child Protection and Family Violence Prevention Act 

to reauthorize programs under that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2021 

Mr. LUJA ́N (for himself and Mr. ROUNDS) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Child Protection and Family Violence 

Prevention Act to reauthorize programs under that Act, 

and for other purposes. 

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 of 2021’’. 

6 SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 

7 PREVENTION ACT AMENDMENTS. 

8 (a) DEFINITIONS.—Section 403 of the Indian Child 

9 Protection and Family Violence Prevention Act (25 U.S.C. 

10 3202) is amended— 


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1 (1) by striking paragraph (3) and inserting the 

2 following: 

3 ‘‘(3) ‘child abuse’ includes any case in which— 

4 ‘‘(A)(i) a child is dead or exhibits evidence 

5 of skin bruising, bleeding, malnutrition, failure 

6 to thrive, burns, fracture of any bone, subdural 

7 hematoma, or soft tissue swelling; and 

8 ‘‘(ii) the applicable condition under clause 

9 (i) is not justifiably explained or may not be the 

10 product of an accidental occurrence; or 

11 ‘‘(B) a child is subjected to sexual assault, 

12 sexual molestation, sexual exploitation, sexual 

13 contact, or prostitution;’’; 

14 (2) by striking paragraph (10) and inserting 

15 the following: 

16 ‘‘(10) ‘Indian tribe’, ‘Indian Tribe’, ‘tribal orga17 nization’, and ‘Tribal organization’ have the mean18 ings given those terms in section 4 of the Indian 

19 Self-Determination and Education Assistance Act 

20 (25 U.S.C. 5304).’’; 

21 (3) in paragraph (17), by striking ‘‘and’’ at the 

22 end; 

23 (4) in paragraph (18), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (5) by adding at the end the following: 


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1 ‘‘(19) ‘urban Indian organization’ has the 

2 meaning given the term in section 4 of the Indian 

3 Health Care Improvement Act (25 U.S.C. 1603).’’. 

4 (b) INDIAN CHILD ABUSE TREATMENT GRANT PRO5 GRAM.—Section 409 of the Indian Child Protection and 

6 Family Violence Prevention Act (25 U.S.C. 3208) is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘The Secretary of Health 

10 and Human Services, acting through the Serv11 ice and’’ and inserting ‘‘The Service,’’; 

12 (B) by striking ‘‘intertribal’’ and inserting 

13 ‘‘inter-tribal’’; and 

14 (C) by striking ‘‘sexual abuse’’ and insert15 ing ‘‘abuse or child neglect’’; 

16 (2) by striking subsections (b) and (c) and in17 serting the following: 

18 ‘‘(b) GRANT APPLICATIONS.— 

19 ‘‘(1) IN GENERAL.—Any Indian Tribe or inter20 tribal consortium, including an Indian Tribe or 

21 inter-tribal consortium in partnership with an urban 

22 Indian organization, may submit to the Service an 

23 application for a grant under subsection (a). 

24 ‘‘(2) REQUIREMENTS.—An application sub25 mitted under paragraph (1) shall— 


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1 ‘‘(A) be in such form as the Service may 

2 prescribe; 

3 ‘‘(B) be submitted to the Service on or be4 fore a date designated by the Service; and 

5 ‘‘(C) specify— 

6 ‘‘(i) the nature of the program pro7 posed by the applicant; 

8 ‘‘(ii) the data and information on 

9 which the program is based; 

10 ‘‘(iii) the extent to which the program 

11 plans to use or incorporate existing serv12 ices available on a reservation; and 

13 ‘‘(iv) the specific treatment concepts 

14 to be used under the program. 

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

16 awarding grants under subsection (a), the Service shall 

17 encourage the use of culturally appropriate treatment 

18 services and programs that respond to the unique cultural 

19 values, customs, and traditions of the applicant Indian 

20 Tribes.’’; 

21 (3) in subsection (d)— 

22 (A) by striking ‘‘such Secretary’’ each 

23 place it appears and inserting ‘‘the Service’’; 

24 (B) by striking ‘‘, and’’ each place it ap25 pears and inserting ‘‘; and’’; 


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1 (C) in paragraph (1), in the matter pre2 ceding subparagraph (A), by striking ‘‘Sec3 retary of Health and Human Services’’ and in4 serting ‘‘Service’’; and 

5 (D) in paragraph (2), by striking ‘‘the Sec6 retary’’ and inserting ‘‘the Service’’; and 

7 (4) by striking subsection (e) and inserting the 

8 following: 

9 ‘‘(e) REPORT.— 

10 ‘‘(1) IN GENERAL.—Not later than 2 years 

11 after the date of enactment of the Native American 

12 Child Protection Act of 2021, the Service shall sub13 mit to Congress a report on grants awarded under 

14 subsection (a). 

15 ‘‘(2) REQUIREMENTS.—The report required 

16 under paragraph (1) shall include— 

17 ‘‘(A) a description of treatment and serv18 ices for which recipients of grants awarded 

19 under this section have used the grant funds; 

20 and 

21 ‘‘(B) any other information that the Serv22 ice may require. 

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to carry out this section 

25 $30,000,000 for each of fiscal years 2022 through 2027.’’. 


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1 (c) NATIONAL INDIAN CHILD RESOURCE AND FAM2 ILY SERVICES CENTER.—Section 410 of the Indian Child 

3 Protection and Family Violence Prevention Act (25 U.S.C. 

4 3209) is amended— 

5 (1) in the section heading— 

6 (A) by inserting ‘‘NATIONAL’’ before ‘‘IN7 DIAN’’; and 

8 (B) by striking ‘‘CENTERS’’ and inserting 

9 ‘‘CENTER’’; 

10 (2) by striking subsections (a) and (b) and in11 serting the following: 

12 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

13 the date of enactment of the Native American Child Pro14 tection Act of 2021, the Secretary shall establish a center, 

15 to be known as the ‘National Indian Child Resource and 

16 Family Services Center’ (referred to in this section as the 

17 ‘Center’).’’; 

18 (3) by redesignating subsections (c) through (e) 

19 as subsections (b) through (d), respectively; 

20 (4) in subsection (b) (as so redesignated), by 

21 striking ‘‘Each Center’’ and all that follows through 

22 ‘‘multidisciplinary team’’ and inserting ‘‘The Center 

23 shall be staffed by a team’’; 

24 (5) in subsection (c) (as so redesignated)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘Each Center established under 

3 subsection (a)’’ and inserting ‘‘The Center’’; 

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

5 inter-tribal consortia upon request’’ and insert6 ing ‘‘inter-tribal consortia, and urban Indian or7 ganizations on request’’; 

8 (C) in paragraph (2), by striking ‘‘Indian 

9 tribes, tribal organizations, the Bureau and the 

10 Service’’ and inserting ‘‘Indian Tribes, Tribal 

11 organizations, urban Indian organizations, the 

12 Bureau, and the Service’’; 

13 (D) in paragraph (3)— 

14 (i) by inserting ‘‘and technical assist15 ance’’ after ‘‘training materials’’; and 

16 (ii) by striking ‘‘and to tribal organi17 zations’’ and inserting ‘‘, Tribal organiza18 tions, and urban Indian organizations’’; 

19 (E) in paragraph (4)— 

20 (i) by inserting ‘‘, State,’’ after ‘‘Fed21 eral’’; and 

22 (ii) by inserting ‘‘and personnel of 

23 urban Indian organizations’’ after ‘‘tribal 

24 personnel’’; and 


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1 (F) by striking paragraph (5) and insert2 ing the following: 

3 ‘‘(5) develop model intergovernmental agree4 ments between Indian Tribes and States and other 

5 materials that provide examples of how Federal, 

6 State, and Tribal governments can develop effective 

7 relationships and provide for maximum cooperation 

8 in the furtherance of the prevention, investigation, 

9 treatment, and prosecution of incidents of family vi10 olence, child abuse, and child neglect involving In11 dian children and Indian families.’’; and 

12 (6) in subsection (d) (as so redesignated)— 

13 (A) in the subsection heading, by striking 

14 ‘‘MULTIDISCIPLINARY’’; 

15 (B) in the matter preceding paragraph (1), 

16 by striking ‘‘Each multidisciplinary’’ and all 

17 that follows through ‘‘personnel’’ and inserting 

18 ‘‘The team required under subsection (b) shall 

19 include personnel’’; and 

20 (C) in paragraphs (1) through (3), by 

21 striking the comma each place it appears and 

22 inserting a semicolon; and 

23 (7) by striking subsections (f) through (h) and 

24 inserting the following: 

25 ‘‘(e) CENTER ADVISORY BOARD.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish an advisory board to advise and assist the Cen3 ter in carrying out the activities of the Center under 

4 this section (referred to in this subsection as the ‘ad5 visory board’). 

6 ‘‘(2) MEMBERSHIP.— 

7 ‘‘(A) IN GENERAL.—The advisory board 

8 shall consist of 12 members appointed by the 

9 Secretary from Indian Tribes, Tribal organiza10 tions, and urban Indian organizations. 

11 ‘‘(B) REQUIREMENT.—Each member of 

12 the advisory board shall have expertise in child 

13 abuse or child neglect. 

14 ‘‘(C) NO COMPENSATION.—A member of 

15 the advisory board shall serve without com16 pensation, but may be reimbursed for travel 

17 and other expenses while carrying out the du18 ties of the advisory board. 

19 ‘‘(3) DUTIES.—The advisory board shall assist 

20 the Center with— 

21 ‘‘(A) coordinating programs of the Center; 

22 ‘‘(B) identifying training and technical as23 sistance materials that may be of use to the 

24 Center; and 


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1 ‘‘(C) developing intergovernmental agree2 ments relating to family violence, child abuse, 

3 and child neglect. 

4 ‘‘(f) APPLICATION OF INDIAN SELF-DETERMINATION

5 AND EDUCATION ASSISTANCE ACT TO THE CENTER.— 

6 ‘‘(1) IN GENERAL.—The Center shall be subject 

7 to title I of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 5321 et seq.). 

9 ‘‘(2) OPERATION OF CENTER.—The Secretary 

10 may enter into a contract under the Indian Self-De11 termination and Education Assistance Act (25 

12 U.S.C. 5301 et seq.) for the operation of the Center 

13 with a nonprofit Indian organization governed by an 

14 Indian-controlled board of directors that has sub15 stantial experience in child abuse, child neglect, and 

16 family violence involving Indian children and Indian 

17 families. 

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

19 of enactment of the Native American Child Protection Act 

20 of 2021, the Secretary, acting through the Director of the 

21 Bureau, shall submit to Congress a report on the status 

22 of the Center. 

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

24 is authorized to be appropriated to carry out this section 

25 $3,000,000 for each of fiscal years 2022 through 2027.’’. 


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1 (d) INDIAN CHILD PROTECTION AND FAMILY VIO2 LENCE PREVENTION PROGRAM.—Section 411 of the In3 dian Child Protection and Family Violence Prevention Act 

4 (25 U.S.C. 3210) is amended— 

5 (1) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘child abuse and child neglect,’’ and in9 serting ‘‘child abuse, child neglect, or 

10 both;’’; 

11 (ii) in subparagraph (B), by striking 

12 ‘‘, and’’ at the end and inserting a semi13 colon; and 

14 (iii) by inserting after subparagraph 

15 (C) the following: 

16 ‘‘(D) the development of agreements be17 tween Indian Tribes, States, or private agencies 

18 for the coordination of child abuse and child ne19 glect prevention, investigation, and treatment 

20 services; 

21 ‘‘(E) child protective services operational 

22 costs, including transportation, risk and protec23 tive factors assessments, family engagement 

24 and kinship navigator services, and relative 


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1 searches, criminal background checks for pro2 spective placements, and home studies; and 

3 ‘‘(F) the development of a Tribal child pro4 tection or multidisciplinary team to assist in the 

5 prevention and investigation of child abuse and 

6 child neglect;’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A), by striking 

9 the comma at the end and inserting ‘‘in 

10 culturally appropriate ways;’’; 

11 (ii) in subparagraph (B), by striking 

12 the comma at the end and inserting a 

13 semicolon; and 

14 (iii) in subparagraph (C), by inserting 

15 ‘‘, which may include culturally appro16 priate programs,’’ after ‘‘training pro17 grams’’; 

18 (C) in paragraph (3)— 

19 (i) in subparagraph (A)— 

20 (I) by inserting ‘‘and child ne21 glect’’ after ‘‘child abuse’’; and 

22 (II) by striking the comma at the 

23 end and inserting a semicolon; and 

24 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘cases, to the ex2 tent practicable,’’ and inserting ‘‘cases 

3 and child neglect cases’’; and 

4 (II) by striking ‘‘, and’’ at the 

5 end and inserting ‘‘; and’’; 

6 (D) in paragraph (5)— 

7 (i) in subparagraph (A), by striking 

8 the comma at the end and inserting a 

9 semicolon; 

10 (ii) in subparagraph (B), by striking 

11 ‘‘, or’’ at the end and inserting ‘‘; or’’; and 

12 (iii) in subparagraph (C)— 

13 (I) by striking ‘‘preschool’’ and 

14 inserting ‘‘preschools’’; and 

15 (II) by striking ‘‘college or uni16 versity (within the meaning of section 

17 2 of the Tribally Controlled Colleges 

18 and Universities Assistance Act of 

19 1978)’’ and inserting ‘‘colleges and 

20 universities (as defined in section 2(a) 

21 of the Tribally Controlled Colleges 

22 and Universities Assistance Act of 

23 1978 (25 U.S.C. 1801(a)))’’; and 

24 (E) in paragraph (7)— 


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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘that show promise 

3 of successfully preventing and treating 

4 cases of family violence, child abuse, and 

5 child neglect’’ before ‘‘as the Secretary’’; 

6 (ii) in subparagraph (A), by striking 

7 the comma at the end and inserting a 

8 semicolon; 

9 (iii) in subparagraph (B), by striking 

10 ‘‘, or’’ at the end and inserting ‘‘; or’’; and 

11 (iv) by striking the comma at the end 

12 of subparagraph (C) and all that follows 

13 through ‘‘neglect.’’ in the undesignated 

14 matter following that subparagraph and in15 serting a period; 

16 (2) by striking subsections (g) and (i); 

17 (3) by redesignating subsections (f) and (h) as 

18 subsections (e) and (g), respectively; 

19 (4) in subsection (e) (as so redesignated)— 

20 (A) in paragraph (1), by striking ‘‘(1) The 

21 Secretary’’ and inserting the following: 

22 ‘‘(1) IN GENERAL.—The Secretary’’; 

23 (B) by striking paragraph (2) and insert24 ing the following: 


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1 ‘‘(2) CASELOAD STANDARDS; STAFFING RE2 QUIREMENTS.— 

3 ‘‘(A) IN GENERAL.—In the development of 

4 regulations for base support funding for the 

5 programs described in paragraph (1), the Sec6 retary, in consultation with Indian Tribes, shall 

7 develop, not later than 1 year after the date of 

8 enactment of the Native American Child Pro9 tection Act of 2021, appropriate caseload stand10 ards and staffing requirements. 

11 ‘‘(B) STAFFING REQUIREMENTS.—Each 

12 level of funding assistance shall correspond to 

13 the staffing requirements established by the 

14 Secretary under subparagraph (A).’’; 

15 (C) in paragraph (3)— 

16 (i) by striking ‘‘(3) Factors to be’’ 

17 and all that follows through ‘‘limited to— 

18 ’’ in the matter preceding subparagraph 

19 (A) and inserting the following: 

20 ‘‘(3) FACTORS.—In the development of the base 

21 support funding formula under paragraph (1), the 

22 Secretary shall take into consideration factors in23 cluding—’’; 

24 (ii) by indenting subparagraphs (A) 

25 through (D) appropriately; and 


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1 (iii) in subparagraph (D), by striking 

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

3 child neglect, high incidence of family vio4 lence,’’; 

5 (D) by striking paragraph (4) and insert6 ing the following: 

7 ‘‘(4) REQUIREMENT.—The formula established 

8 pursuant to this subsection shall provide funding 

9 necessary to support not less than 1 child protective 

10 services or family violence caseworker, including 

11 fringe benefits and support costs, for each Indian 

12 Tribe.’’; and 

13 (E) in paragraph (5)— 

14 (i) by striking ‘‘(5) In any’’ and in15 serting the following: 

16 ‘‘(5) INSUFFICIENT FUNDING.—In any’’; and 

17 (ii) by striking ‘‘tribes’’ and inserting 

18 ‘‘Indian Tribes’’; 

19 (5) by inserting after subsection (e) (as so re20 designated) the following: 

21 ‘‘(f) REPORT.— 

22 ‘‘(1) IN GENERAL.—Not later than 2 years 

23 after the date of enactment of the Native American 

24 Child Protection Act of 2021, the Secretary, acting 

25 through the Bureau, shall submit to Congress a reVerDate Sep 11 2014 05:09 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2326.IS S2326

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1 port on the use of funds provided pursuant to this 

2 section. 

3 ‘‘(2) REQUIREMENTS.—The report required 

4 under paragraph (1) shall include— 

5 ‘‘(A) a description of the treatments and 

6 services for which recipients of the grants have 

7 used the funds; and 

8 ‘‘(B) any other information that the Sec9 retary, acting through the Bureau, may re10 quire.’’; and 

11 (6) by adding at the end the following: 

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

13 is authorized to be appropriated to carry out this section 

14 $60,000,000 for each of fiscal years 2022 through 2027.’’. 

15 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) Section 404(c)(2)(A) of the Indian Child 

17 Protection and Family Violence Prevention Act (25 

18 U.S.C. 3203(c)(2)(A)) is amended by striking 

19 ‘‘abuse described in section 503(3)’’ and inserting 

20 ‘‘child abuse’’. 

21 (2) Section 407(c) of the Indian Child Protec22 tion and Family Violence Prevention Act (25 U.S.C. 

23 3206(c)) is amended— 

24 (A) by striking ‘‘advise’’ and inserting ‘‘ad25 vice’’; and 


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1 (B) by striking ‘‘a multidisciplinary team 

2 established pursuant to section 410’’ and in3 serting ‘‘the team described in section 410(b)’’. 

Æ 


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