I 

118TH CONGRESS 

1ST SESSION H. R. 663 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2023 

Mr. GALLEGO introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Indian Child Protection and Family Violence 

Prevention Act. 

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 

9 Prevention Act (25 U.S.C. 3202 et seq.) is amended as 

10 follows: 


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

2 3202(3)(A)) to read as follows: 

3 ‘‘(A) in any case in which— 

4 ‘‘(i)(I) a child is dead or exhibits evi5 dence of skin bruising, bleeding, malnutri6 tion, failure to thrive, burns, fracture of 

7 any bone, subdural hematoma, soft tissue 

8 swelling; and 

9 ‘‘(II) such condition is not justifiably 

10 explained or may not be the product of an 

11 accidental occurrence; or 

12 ‘‘(ii) a child is subjected to sexual as13 sault, sexual molestation, sexual exploi14 tation, sexual contact, or prostitution; 

15 and’’. 

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

17 (A) in subsection (a)— 

18 (i) by striking ‘‘The Secretary of 

19 Health and Human Services, acting 

20 through the Service and in cooperation 

21 with the Bureau’’ and inserting ‘‘The Serv22 ice, in cooperation with the Bureau’’; and 

23 (ii) by striking ‘‘sexual abuse’’ and in24 serting ‘‘abuse or neglect’’; 


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

2 the section, by striking ‘‘Secretary of Health 

3 and Human Services’’ each place it appears and 

4 inserting ‘‘Service’’; 

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

6 ‘‘Any Indian tribe or intertribal consortium’’ 

7 the following: ‘‘, on its own or in partnership 

8 with an urban Indian organization,’’; 

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

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

11 and inserting ‘‘the Service’’; 

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

13 follows: 

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

15 awarding grants under this section, the Service shall en16 courage the use of culturally appropriate treatment serv17 ices and programs that respond to the unique cultural val18 ues, customs, and traditions of applicant Indian Tribes.’’; 

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

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

21 (G) by redesignating subsection (e) as sub22 section (f); 

23 (H) by inserting after subsection (d) the 

24 following: 


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

2 of the enactment of the Native American Child Protection 

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

4 award of grants under this section. The report shall con5 tain— 

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

7 which grantees have used funds awarded under this 

8 section; and 

9 ‘‘(2) any other information that the Service re10 quires.’’; and 

11 (I) by amending subsection (f) (as so re12 designated by subparagraph (G) of this para13 graph), to read as follows: 

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

15 are authorized to be appropriated to carry out this section 

16 $30,000,000 for each of fiscal years 2023 through 2028.’’. 

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

18 (A) in the heading— 

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

20 ‘‘INDIAN’’; and 

21 (ii) by striking ‘‘CENTERS’’ and in22 serting ‘‘CENTER’’; 

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

24 read as follows: 


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

2 the date of the enactment of the Native American Child 

3 Protection Act, the Secretary shall establish a National 

4 Indian Child Resource and Family Services Center. 

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

6 of the enactment of the Native American Child Protection 

7 Act, the Secretary of the Interior, acting through the Bu8 reau of Indian Affairs, shall submit a report to Congress 

9 on the status of the National Indian Child Resource and 

10 Family Services Center.’’; 

11 (C) in subsection (c)— 

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

13 ‘‘The’’; and 

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

15 (D) in subsection (d)— 

16 (i) in the text before paragraph (1), 

17 by striking ‘‘Each’’ and inserting ‘‘The’’; 

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

19 inter-tribal consortia’’ and inserting ‘‘inter20 tribal consortia, and urban Indian organi21 zations’’; 

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

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

24 organizations,’’; 

25 (iv) in paragraph (3)— 


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1 (I) by inserting ‘‘and technical 

2 assistance’’ after training; and 

3 (II) by striking ‘‘and to tribal or4 ganizations’’ and inserting ‘‘, Tribal 

5 organizations, and urban Indian orga6 nizations’’; 

7 (v) in paragraph (4)— 

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

9 ‘‘Federal’’; and 

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

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

12 and 

13 (vi) by amending paragraph (5) to 

14 read as follows: 

15 ‘‘(5) develop model intergovernmental agree16 ments between Tribes and States, and other mate17 rials that provide examples of how Federal, State, 

18 and Tribal governments can develop effective rela19 tionships and provide for maximum cooperation in 

20 the furtherance of prevention, investigation, treat21 ment, and prosecution of incidents of family violence 

22 and child abuse and child neglect involving Indian 

23 children and families.’’; 

24 (E) in subsection (e)— 


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1 (i) in the heading, by striking ‘‘MUL2 TIDISCIPLINARY TEAM’’ and inserting 

3 ‘‘TEAM’’; 

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

5 by striking ‘‘Each multidisciplinary’’ and 

6 inserting ‘‘The’’; and 

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

8 (h) to read as follows: 

9 ‘‘(f) CENTER ADVISORY BOARD.—The Secretary 

10 shall establish an advisory board to advise and assist the 

11 National Indian Child Resource and Family Services Cen12 ter in carrying out its activities under this section. The 

13 advisory board shall consist of 12 members appointed by 

14 the Secretary from Indian Tribes, Tribal organizations, 

15 and urban Indian organizations with expertise in child 

16 abuse and child neglect. Members shall serve without com17 pensation, but may be reimbursed for travel and other ex18 penses while carrying out the duties of the board. The ad19 visory board shall assist the Center in coordinating pro20 grams, identifying training and technical assistance mate21 rials, and developing intergovernmental agreements relat22 ing to family violence, child abuse, and child neglect. 

23 ‘‘(g) APPLICATION OF INDIAN SELF-DETERMINA24 TION ACT TO THE CENTER.—The National Indian Child 

25 Resource and Family Services Center shall be subject to 


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1 the provisions of the Indian Self-Determination Act. The 

2 Secretary may also contract for the operation of the Cen3 ter with a nonprofit Indian organization governed by an 

4 Indian-controlled board of directors that have substantial 

5 experience in child abuse, child neglect, and family vio6 lence involving Indian children and families. 

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

8 are authorized to be appropriated to carry out this section 

9 $3,000,000 for each of fiscal years 2023 through 2028.’’. 

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

11 (A) in subsection (d)— 

12 (i) in paragraph (1)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘abuse and child neglect’’ and in15 serting ‘‘abuse, neglect, or both’’; 

16 (II) in subparagraph (B), by 

17 striking ‘‘and’’ at the end; and 

18 (III) by inserting after subpara19 graph (C), the following: 

20 ‘‘(D) development of agreements between 

21 Tribes, States, or private agencies on the co22 ordination of child abuse and neglect preven23 tion, investigation, and treatment services; 

24 ‘‘(E) child protective services operational 

25 costs including transportation, risk and protecVerDate Sep 11 2014 23:18 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H663.IH H663

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1 tive factors assessments, family engagement 

2 and kinship navigator services, and relative 

3 searches, criminal background checks for pro4 spective placements, and home studies; and 

5 ‘‘(F) development of a Tribal child protec6 tion or multidisciplinary team to assist in the 

7 prevention and investigation of child abuse and 

8 neglect;’’; 

9 (ii) in paragraph (2)— 

10 (I) in subparagraph (A), by in11 serting ‘‘in culturally appropriate 

12 ways’’ after ‘‘incidents of family vio13 lence’’; and 

14 (II) in subparagraph (C), by in15 serting ‘‘that may include culturally 

16 appropriate programs’’ after ‘‘training 

17 programs’’; and 

18 (iii) in paragraph (3)— 

19 (I) in subparagraph (A), by in20 serting ‘‘and neglect’’ after ‘‘abuse’’; 

21 and 

22 (II) in subparagraph (B), by 

23 striking ‘‘cases, to the extent prac24 ticable,’’ and inserting ‘‘and neglect 

25 cases’’; 


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1 (B) in subsection (f)— 

2 (i) in paragraph (2), by striking ‘‘de3 velop, in consultation with Indian tribes, 

4 appropriate caseload standards and staff5 ing requirements which are comparable to 

6 standards developed by the National Asso7 ciation of Social Work, the Child Welfare 

8 League of America and other professional 

9 associations in the field of social work and 

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

11 later than one year after the date of the 

12 enactment of the Native American Child 

13 Protection Act, in consultation with Indian 

14 Tribes, appropriate caseload standards and 

15 staffing requirements’’; 

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

17 ‘‘sexual abuse’’ and inserting ‘‘abuse and 

18 neglect, high incidence of family violence’’; 

19 (iii) by amending paragraph (4) to 

20 read as follows: 

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

22 subsection shall provide funding necessary to sup23 port not less than one child protective services or 

24 family violence caseworker, including fringe benefits 

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


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

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

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

4 follows: 

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

6 of the enactment of the Native American Child Protection 

7 Act, the Secretary of the Interior, acting through the Bu8 reau of Indian Affairs, shall submit a report to Congress 

9 on the award of grants under this section. The report shall 

10 contain— 

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

12 which grantees have used funds awarded under this 

13 section; and 

14 ‘‘(2) any other information that the Secretary 

15 of the Interior requires.’’; and 

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

17 follows: 

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 $60,000,000 for each of fiscal years 2023 through 2028.’’. 

Æ 


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