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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 663 Enrolled Bill (ENR)]

        H.R.663

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty-four

                                 An Act

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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 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) 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 
    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) 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. 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
                    (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) 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 this Act shall be 
subject to the availability of appropriations made in advance for such 
purposes.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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