II 

118TH CONGRESS 

1ST SESSION H. R. 663 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 19, 2023 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Protection Act’’. 

4 SEC. 2. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 

5 PREVENTION ACT AMENDMENTS. 

6 The Indian Child Protection and Family Violence 

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

8 follows: 

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

10 3202(3)(A)) to read as follows: 

11 ‘‘(A) in any case in which— 

12 ‘‘(i)(I) a child is dead or exhibits evi13 dence of skin bruising, bleeding, malnutri14 tion, failure to thrive, burns, fracture of 

15 any bone, subdural hematoma, soft tissue 

16 swelling; and 

17 ‘‘(II) such condition is not justifiably 

18 explained or may not be the product of an 

19 accidental occurrence; or 

20 ‘‘(ii) a child is subjected to sexual as21 sault, sexual molestation, sexual exploi22 tation, sexual contact, or prostitution; 

23 and’’. 

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

25 (A) in subsection (a)— 


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1 (i) by striking ‘‘The Secretary of 

2 Health and Human Services, acting 

3 through the Service and in cooperation 

4 with the Bureau’’ and inserting ‘‘The Serv5 ice, in cooperation with the Bureau’’; and 

6 (ii) by striking ‘‘sexual abuse’’ and in7 serting ‘‘abuse or neglect’’; 

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

9 the section, by striking ‘‘Secretary of Health 

10 and Human Services’’ each place it appears and 

11 inserting ‘‘Service’’; 

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

13 ‘‘Any Indian tribe or intertribal consortium’’ 

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

15 with an urban Indian organization,’’; 

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

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

18 and inserting ‘‘the Service’’; 

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

20 follows: 

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

22 awarding grants under this section, the Service shall en23 courage the use of culturally appropriate treatment serv24 ices and programs that respond to the unique cultural val25 ues, customs, and traditions of applicant Indian Tribes.’’; 


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

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

3 (G) by redesignating subsection (e) as sub4 section (f); and 

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

6 following: 

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

8 of the enactment of the Native American Child Protection 

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

10 award of grants under this section. The report shall con11 tain— 

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

13 which grantees have used funds awarded under this 

14 section; and 

15 ‘‘(2) any other information that the Service re16 quires.’’. 

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) and (g) to 

8 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-DETERMINATION

24 ACT TO THE CENTER.—The National Indian Child Re25 source and Family Services Center shall be subject to the 


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1 provisions of the Indian Self-Determination Act. The Sec2 retary may also contract for the operation of the Center 

3 with a nonprofit Indian organization governed by an In4 dian-controlled board of directors that have substantial ex5 perience in child abuse, child neglect, and family violence 

6 involving Indian children and families.’’. 

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

8 (A) in subsection (d)— 

9 (i) in paragraph (1)— 

10 (I) in subparagraph (A), by strik11 ing ‘‘abuse and child neglect’’ and in12 serting ‘‘abuse, neglect, or both’’; 

13 (II) in subparagraph (B), by 

14 striking ‘‘and’’ at the end; and 

15 (III) by inserting after subpara16 graph (C), the following: 

17 ‘‘(D) development of agreements between 

18 Tribes, States, or private agencies on the co19 ordination of child abuse and neglect preven20 tion, investigation, and treatment 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) development of a Tribal child protec4 tion or multidisciplinary team to assist in the 

5 prevention and investigation of child abuse and 

6 neglect;’’; 

7 (ii) in paragraph (2)— 

8 (I) in subparagraph (A), by in9 serting ‘‘in culturally appropriate 

10 ways’’ after ‘‘incidents of family vio11 lence’’; and 

12 (II) in subparagraph (C), by in13 serting ‘‘that may include culturally 

14 appropriate programs’’ after ‘‘training 

15 programs’’; and 

16 (iii) in paragraph (3)— 

17 (I) in subparagraph (A), by in18 serting ‘‘and neglect’’ after ‘‘abuse’’; 

19 and 

20 (II) in subparagraph (B), by 

21 striking ‘‘cases, to the extent prac22 ticable,’’ and inserting ‘‘and neglect 

23 cases’’; 

24 (B) in subsection (f)— 


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1 (i) in paragraph (2), by striking ‘‘de2 velop, in consultation with Indian tribes, 

3 appropriate caseload standards and staff4 ing requirements which are comparable to 

5 standards developed by the National Asso6 ciation of Social Work, the Child Welfare 

7 League of America and other professional 

8 associations in the field of social work and 

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

10 later than one year after the date of the 

11 enactment of the Native American Child 

12 Protection Act, in consultation with Indian 

13 Tribes, appropriate caseload standards and 

14 staffing requirements’’; 

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

16 ‘‘sexual abuse’’ and inserting ‘‘abuse and 

17 neglect, high incidence of family violence’’; 

18 (iii) by amending paragraph (4) to 

19 read as follows: 

20 ‘‘(4) The formula established pursuant to this sub21 section shall provide funding necessary to support not less 

22 than one child protective services or family violence case23 worker, including fringe benefits and support costs, for 

24 each Indian Tribe.’’; and 


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

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

3 and 

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

5 follows: 

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

7 of the enactment of the Native American Child Protection 

8 Act, the Secretary of the Interior, acting through the Bu9 reau of Indian Affairs, shall submit a report to Congress 

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

11 contain— 

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

13 which grantees have used funds awarded under this 

14 section; and 

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

16 of the Interior requires.’’. 

17 SEC. 3. LIMITATION ON APPROPRIATIONS. 

18 No additional amounts are authorized to carry out 

19 this Act or any of the amendments made by this Act. Each 

20 program, project, and activity authorized by this Act or 

21 the amendments made by this Act shall be subject to the 


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1 availability of appropriations made in advance for such 

2 purposes. 

Passed the House of Representatives September 18, 

2023. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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